Workplace Investigations, Civil Rights Audit & Pratice Advices
Organizations and their governing bodies are under heightened scrutiny from various internal and external stakeholders concerning their responses to issues related to diversity, equity, inclusion, culture, harassment, and discrimination. This scrutiny intensifies when senior leaders are involved or when there are allegations of systemic or widespread misconduct. In response to demands from regulators, investors, and other stakeholders, companies are proactively reviewing and addressing diversity, equity, and inclusion (DEI) through civil rights audits, training, and other initiatives designed to identify and eliminate barriers to the advancement of women and minorities.
In a significant development, the U.S. Supreme Court, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, reversed its previous stance and ruled that the aim of achieving a diverse student body cannot justify the use of race as a “plus factor” in college admissions, violating the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act. As a result, many workplace diversity, equity, and inclusion initiatives have faced scrutiny, including representation goals, employment programs that consider race, gender, and ethnicity, supplier diversity programs, and even grants and charitable contributions to minority-serving organizations.
Dave Wilson’s workplace investigations, civil rights audits, and targeted DEI practices review and counseling team possesses significant expertise in conducting timely and thorough high-stakes internal investigations. They manage these investigations as outside counsel and carry out regional and nationwide reviews of internal practices related to systemic discrimination concerns, including civil rights audits, pay equity assessments, DEI practices evaluations, and statistical analyses of hiring, promotion, and other employment practices.
We also advise clients on risk mitigation strategies when implementing DEI initiatives to prevent claims of "reverse" discrimination or problematic affirmative action efforts, as well as to safeguard against discoverable self-critical materials that could be used against the company in litigation. We work closely with our clients during discrimination and harassment investigations, civil rights reviews, audits, and DEI initiatives to offer informed guidance on effectively navigating the complex issues that often arise in these contexts.
