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Students for Fair Admissions One Year Later: Advising Employer Clients on DEI Programs; Title VII and Muldrow Effect

Key Considerations and Best Practices for Developing and Maintaining Corporate Diversity Programs

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, October 24, 2024 (in 9 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will examine the impact that the U.S. Supreme Court's holding in Students for Fair Admissions Inc. v. President & Fellows of Harvard College (2023) (SFFA) has had on corporate DEI programs in the year since it was decided, especially in light of Muldrow v. City of St. Louis, Missouri (2024) which lowered the standard to demonstrate harm in a Title VII action. The panel will also offer best practices for counsel when advising their clients on developing or maintaining their DEI programs moving forward.

Description

In the year following the U.S. Supreme Court's significant decision in SFFA, corporate DEI programs have been in the political crosshairs. Even though the decision did not apply to private employers' DEI initiatives directly, those initiatives will continue to be challenged moving forward. Yet, despite the controversy, many employers interested in developing a more diverse and equitable workforce continue to rely on DEI programs to help them achieve that goal.

In addition to the political firestorm that has developed in SFFA's wake, the U.S. Supreme Court's decision in Muldrow lowered the standard to bring a Title VII action to only showing "some harm with respect to an identifiable term or condition of employment" which could expose employers to a wider range of litigation implicating their DEI initiatives.

Listen as our expert panel discusses the SFFA decision and its impact on employer DEI programs over the past year, especially in light of Muldrow. Our panelists will also advise counsel on considerations and best practices for developing or maintaining client DEI initiatives moving forward post-SFFA.

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Outline

  1. Students for Fair Admissions v. President & Fellows of Harvard College (2023)
    1. Political after-effects of SFFA
    2. Impact on corporate DEI initiatives
  2. Muldrow v. City of St. Louis, Missouri (2024)
    1. Possible effect on DEI initiatives
  3. Other notable litigation
  4. The future of DEI: what can employers expect?
  5. Best practices for employers moving forward

Benefits

The panel will review these and other important considerations:

  • How has SFFA opened the door to legal challenges against employer DEI initiatives? How may Muldrow make those challenges easier to bring?
  • What other significant cases could impact DEI programs moving forward?
  • What effect may political pressure have on employers that are looking to develop or maintain DEI programs?
  • What are best practices for employers and their counsel who are seeking to develop or maintain DEI programs post-SFFA?

Faculty

McKenzie, Denisha
Denisha McKenzie

Partner
CDF Labor Law

Ms. McKenzie is a formidable advocate for advancing diversity and inclusion and regularly assists management with...  |  Read More

Saifi, Osaama
Osaama Saifi

Attorney
CDF Labor Law

Mr. Saifi is an experienced litigator who has tried multiple jury trials and defended employers and company executives...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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