Recent high-profile litigation, media attention, and stakeholder focus on environmental, social, and governance concerns have prompted employers to address issues of diversity, equity, and inclusion (DE&I) in the workplace. At the same time, “anti-woke” backlash has spurred boycotts and litigation challenging employers’ DE&I commitments. Nilan Johnson Lewis has extensive experience and success in advising clients on DE&I issues ranging from developing, implementing and defending DE&I initiatives, to investigations of workplace “culture” issues, to pay equity and other DE&I audits.
Our expertise is grounded in our firm’s commitment to diversity. This core value inspired us to become a certified women-owned law firm, one of the country’s largest. We recognize that many of our clients share our belief that diversity is critical to success. We are also keenly aware of the recent wave of challenges to DE&I efforts and the legal and brand risks created by those challenges. Now, more than ever, it is essential that companies maintain DE&I momentum while managing and minimizing those risks.
NJL is committed to helping employers accomplish these objectives. We regularly help employers:
- Create and implement DE&I programs, balancing desired goals with legal compliance;
Manage employment issues arising out of the administration of DE&I programs, including shareholder, labor relations, reverse race discrimination, employee morale, and media relations concerns;
- Audit current practices to identify the root causes of workplace race, gender, and other imbalances and develop effective, legally compliant employee sourcing, recruiting, and retention practices to address those issues;
- Conduct investigations of workplace culture concerns implicating DE&I goals (see our workplace investigations practice for more information)
- Review and update handbook, policies, and practices to advance DE&I goals while managing the risk of backlash and legal challenges;
- Train employees on topics such as respectful workplace policies, anti-harassment policies, and other EEO compliance issues;
- Audit and provide recommendations for enhancement of hiring practices, including the use of artificial intelligence in hiring (see our pre-hire testing and background check advice/defense practice for more information)
- Conduct national, regional, and statewide pay equity audits to allow employers to identify areas of potential risk in their workforce (see our pay equity advice and defense practice for more information)
- Proactively identify and share relevant factors for employers to consider when determining compensation; and
- Defend against individual and class action claims implicating DE&I concerns.