New Bloomberg Law Report Highlights Executive Orders Impacting DEI Initiatives
This new report, designed to complement
The report includes key insights into statistical trends, regulatory compliance challenges, and litigation risks stemming from these executive orders. Across a collection of five expert-authored pieces, the report delivers actionable recommendations, equipping employers and attorneys to better assess and respond to DEI-related challenges.
The report dives into critical areas employers and attorneys should consider, including:
- Risk Factors: Employers must review and assess compliance risks associated with their corporate initiatives to determine if they are illegal DEI.
- Corporate Response: EO 14173 has caused many companies to erase their diversity programs, including hiring and promotion goals, based on an analysis of Form 10-Ks filed with the Securities and Exchange Commission since
Jan. 21 . - Litigation: The DEI orders have been the subject of 16 court challenges, and the outcomes of those cases are uncertain. But a statistical analysis of the complaints provides some insight into where plaintiffs are filing, and against which government agencies.
- Diversity Analytics: Companies that do business with the government have had to divulge diversity-related data for years. The report discusses how EO 14173 could be opening the door for contractors to use attorney-client privilege to shield their DEI-related audits from regulators.
- Bar Compliance: Most state bar associations are still maintaining and promoting their DEI-related programs for their members following the issuance of EO 14173. But they will need to make sure that their programming is compliant with federal law and closely tied to improving legal services and the regulation of lawyers.
"This report goes beyond simply cataloging the legal risks associated with the executive orders. Our analysis provides meaningful, practical guidance that empowers employers and attorneys to evaluate their approach to DEI issues through a targeted lens," said
To download Executive Orders: Focus on DEI Initiatives, please visit https://aboutblaw.com/bhRy.
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