In the wake of recent backlash, corporations are subtly reshaping their diversity, equity, and inclusion (DEI) initiatives, as reported by The New York Times on Monday.
This comes after the Supreme Court's ruling against race-based college admissions in June, resistance from high-ranking business executives, and layoffs in the tech sector affecting employees involved in DEI programs.
According to the NYT, hundreds of companies are reevaluating their DEI strategies, opting for less confrontational approaches to avoid criticism. Frank Dobbin, a Harvard DEI expert, told the NYT that some human resource professionals are quietly advancing their DEI initiatives. He also noted that at recent conferences, business leaders have been discussing how to implement DEI in a less provocative manner.
Ishan Bhabha, a partner at law firm Jenner & Block, and his team have deduced that corporations could face legal repercussions following the Supreme Court's decision. As reported by the NYT, Bhabha has been working with several Fortune 500 companies to scrutinize their diversity initiatives and ensure they are within legal boundaries.
Bhabha's clients have expressed mixed feelings about defending DEI against conservative backlash. While some are willing to be the face of DEI defense, most prefer to maintain a low profile.
The NYT also reported that some companies are considering replacing contentious programs like mandatory anti-bias training with less controversial alternatives such as diversity task forces.
In 2023, the conservative nonprofit American Alliance for Equal Rights (AAER) filed lawsuits against law firms over their diversity fellowship initiatives, claiming they discriminated against whites and Asians. In response, law firms expanded their fellowships to include applicants of all races and backgrounds, leading AAER to withdraw its lawsuits.
Edward Blum, the founder of AAER, told the Daily Caller News Foundation that DEI policies, regardless of how they are portrayed by corporations, colleges, and governments, remain illegal and can be challenged in court.
He emphasized that treating employees, clients, and customers differently based on their race is not only unpopular but also polarizing among most Americans. He warned that such distinctions will continue to face legal challenges, irrespective of how corporations attempt to hide them.
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