Event Details

Topic:  Implementing Diversity and Inclusion in the Workplace Without Creating Legal Liability. 

An increasing number of employers are implementing diversity and Inclusion (“D&I”) initiatives, which is a great thing for the workplace. However, before employers rush to do so, they must first ensure that they develop D&I policies, trainings and programs that are compliant with applicable laws so these well-intentioned initiatives do not backfire and expose the company to legal liability. In this presentation, we will discuss the importance of D&I within the workplace and the benefits of introducing such initiatives. We will explain the distinction between D&I and similar but different concepts, such as affirmative action and equal opportunity employment, and will address the laws that have a risk of being violated as a result of the implementation of a D&I initiative, including anti-discrimination statutes and equal pay laws. Finally, we will provide practical tips and advice on how to successfully implement such a program in a way that minimizes the risks of legal exposure.

Learning Objectives:

1.    Explain the benefits of D&I and provide clarity of what D&I means, including explaining the nuanced distinctions between D&I, Affirmative Action, and Equal Opportunity Employment. While many confuse these terms and believe them to be interchangeable, these are three very different legal concepts. (EEO refers to antidiscrimination laws and prohibits employers from treating individual differently based upon their protected characteristics. Affirmative action laws remedy discrimination by requiring covered employers to take steps to ensure equal employment for specific groups. Finally, D&I programs are voluntary adopted by employers to increase diversity in the workplace and help underrepresented groups and individuals feel included.)

2.    Explain the interplay between diversity and inclusion and other laws, including Title VII, the New Jersey Law Against Discrimination, and Equal Pay laws, and how to avoid potential violations of these laws where D&I policies and procedures are not properly implemented.

3.    Provide practical solutions for successfully implementing diversity and inclusion programs within an organization, including through the hiring process and with current employees as well as through conducting pay equity audits, while simultaneously minimizing any accompanying legal risks.

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