The sentence “Putting companies between the proverbial rock ...

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Text II

June 15, 2023 - Debates over Diversity, Equity and Inclusion (DEI) efforts are currently thriving, including debates over the degree to which corporate diversity efforts are valuable, whether chief diversity officers can succeed, and whether corporate diversity commitments can produce lasting change.

Over the past year, at least a dozen U.S. state legislatures have proposed or passed laws targeting DEI efforts, including laws aimed at limiting DEI roles and efforts in businesses and higher education and laws eliminating DEI spending, trainings, and statements at public institutions. Moreover, with the U.S. Supreme Court poised to address affirmative action in two cases involving the consideration of race in higher education admissions this summer, debates in the U.S. regarding DEI initiatives are likely far from over.

At the same time, DEI-related legal requirements continue to grow in other jurisdictions, and with global financial institutions facing expanding environmental, social, and governance (ESG)- related trends and regulations in the EU and other jurisdictions, as well as global expectations regarding their role in ESG, including DEI-related corporate developments and initiatives, these matters are likely to continue to work their way into capital allocations and the costs of doing business, as well as into the expectations of certain stakeholders.

This widening gap between global expectations and regulation regarding DEI-related matters and the concerns of some constituents in the U.S. over the role of DEI in corporate decision-making is likely to continue growing for the foreseeable future, putting companies between the proverbial rock and hard place.

What these developments make clear is that corporate DEI efforts are, and likely have been for some time, riskier than many companies may initially appreciate. And the risks associated with DEI initiatives are only positioned to grow and expand as companies look to thread the DEI needle and make a broader and potentially more divergent set of stakeholders happy, or at least less annoyed, with their DEI-related commitments and initiatives. In this article, we discuss the top four legal risks that companies often fail to address in their DEI efforts.

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(From https://www.reuters.com/legal/legalindustry/diversity-matters-four-scarylegal-risks-hiding-your-dei-program-2023-06-15/