Diversity, Equity, & Inclusion (“DEI”) has become a major focus of corporate America. In recent years, for example, over $8 billion has been spent on diversity trainings annually in the United States, according to McKinsey & Company. The desire to create workplaces that reflect the diversity of the population and to cultivate a culture where employees feel welcome and are treated fairly is a laudable goal. Even when well-intentioned, however, current, mainstream approaches to DEI may be creating legal liability for companies and having a counterproductive impact on work environments. This article provides employers with some legal considerations for DEI programs and offers recommendations to create a truly diverse and inclusive workplace where employees can thrive and businesses can flourish.
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