The Future of Workplace DEI and A Programs in the Wake of the US Supreme Court decision in Harvard/UNC
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'The Future of Workplace DEI&A Programs in the Wake of the US Supreme Court decision in Harvard/UNC.' The spotlight is on workplace DEI&A programs like never before. The US Supreme Court's June 2023 decision on affirmative action in higher education (Harvard/UNC) does not directly affect workplace DEI&A programs, but one of the results of the decision has been an increase in litigation and other challenges to corporate DEI&A programs. These challenges include employment practices designed to increase workplace diversity, including hiring and promotional practices. There are also challenges to internship, mentorship and other workplace programs designed to increase inclusion, not to exclude individuals based on gender, race, etc. Learn the current legal and risk landscape for corporate DEI&A.
This session will (a) provide a general overview of the 'state of the law;' (b) highlight specific workplace practices under the DEI&A rubric that are unlawful or legally risky; and (c) suggest specific DEI&A practices that will help employers achieve the business value of DEI&A and at the same time lessen their exposure to litigation and/or lability.
Learning Objectives: Learn the current legal landscape for organizational DEI&A programs. Hear effective strategies to keep your DEI&A programs on the right side of the law.Maintain inclusive workplaces in the face of legal and cultural headwinds.
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Jonathan A. Segal
Jonathan is a partner at Duane Morris LLP in its Employment Group. He also is the Founder and managing principal of the Duane Morris Institute, which provides training on employment issues to HR professionals, in-house counsel and other leaders.
The core of Jonathan’s practice is helping employers maximize legal compliance and minimize legal risk with regard to harassment, discrimination, retaliation and reasonable accommodations.
Over the past few years, Jonathan has focused on religion in general and antisemitism in particular. In addition to helping clients, Jonathan has delivered a number of talks on antisemitism on behalf of the EEOC as well as to field directors of the EEOC.
Jonathan has provided training to federal judges and other members of the federal judiciary on various employment issues for more than 20 years.
Victoria Lipnic
Victoria A. Lipnic is a Partner at Resolution Economics. She leads the Company’s Human Capital Strategy Group. The Human Capital Strategy Group combines the Company’s expertise in data analytics and deep knowledge of regulatory requirements with an interdisciplinary approach to advise organizations on the full range of their human capital needs and reporting requirements including recruitment, selection, promotions, DE&I, pay equity, and ESG, especially as to equal employment opportunity and anti-discrimination issues.
Ms. Lipnic joined Resolution Economics in 2021. She has broad experience in the full range of human capital, labor and employment issues, especially from the regulatory enforcement perspective. Prior to joining the Company she served as Commissioner of the U.S. Equal Employment Opportunity Commission (“EEOC”) from 2010 to 2020 and Acting Chair from 2017 to 2019. She was appointed to the EEOC by President Barack Obama and confirmed by unanimous consent by the U.S. Senate. At the EEOC she worked on policy, cases, and regulations falling under all of the statutes enforced by the Commission including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA) and the Genetic Information Nondiscrimination Act (GINA). While at the EEOC she participated in numerous agency regulatory initiatives including the final GINA regulations, the ADA, as amended, regulations, and the revisions to the EEO-1 form to include pay data reporting. She organized the agency’s first public meeting on Big Data in Employment, created its Chief Data Officer position, oversaw development of the Office of Enterprise Data and Analytics and published a significant report on age discrimination. She co-chaired the EEOC’s Select Task Force on the Study of Harassment in the Workplace, and co-authored its seminal report, issued in 2016, before the #MeToo movement. Prior to the EEOC, she practiced law with Seyfarth Shaw. She also served as Assistant Secretary of Labor for Employment Standards from 2002-2008, appointed by President George W. Bush, where, among other regulatory enforcement agencies, she oversaw the Office of Federal Contract Compliance Programs and the Wage and Hour Division. In 2021-22 she chaired the Artificial Intelligence – Technical Advisory Committee for the Institute for Workplace Equality.
Rae Vann
Rae Vann is Head of Employment Law and Labor Relations for Wayfair. She and her team are responsible for guiding and counseling cross-functional Talent teams and business leaders on ensuring compliance with a wide range of labor and employment laws and requirements, supporting and executing practical strategies for proactively preventing and mitigating legal risk, and responding to, and coordinating the defense of, employee disputes and contested proceedings.
Prior to joining Wayfair in January 2022, Rae spent more than two decades in private practice, where she represented and advised corporate clients on a variety of workplace compliance and DEI matters. She previously served as the senior vice president and general counsel of the Center for Workplace Compliance (formerly the Equal Employment Advisory Council (EEAC)). There, she advocated for the development of sound workplace policy in the courts and before federal regulatory agencies, including authoring numerous amicus curiae briefs with the U.S. Supreme Court and federal courts of appeals. Rae also authored comments and testified before the U.S. Congress and the EEOC on a range of equal employment opportunity and workplace compliance matters.
Having begun her career in enforcement, Rae is well-versed in recognizing and mitigating individual and systemic discrimination risks, establishing effective alternative dispute resolution procedures, conducting thorough and effective workplace harassment and other misconduct investigations, and other labor and employment matters. As a member of the EEOC’s Select Task Force on the Study of Harassment in the Workplace, Rae helped guide development of a detailed set of recommendations to help employers prevent workplace harassment. The recommendations were released in June 2016, ahead of the international #MeToo movement.
Rae is a nationally recognized speaker and author on labor and employment issues. Her thought leadership has been featured in media including the Wall Street Journal, Bloomberg Law, Law360, National Law Journal, National Public Radio, PBS NewsHour, Politico, and Reuters. She is a Faculty member for the Institute for Workplace Equality and is on the Board of Directors for the American Employment Law Council (AELC), the nation’s premier, invitation-only organization of high level labor and employment attorneys practicing on the management side.