1. Increased Regulation & Litigation
– Given today's DEI climate, businesses will likely
require legal counsel to help evaluate and mitigate any potential
risks associated with well- intentioned DEI programs or
initiatives.
DEI programs are not illegal per se; Title VII has long prohibited
policies creating a disparate impact based on race, gender or other
protected characteristics.
A legal team focused on helping clients navigate the current DEI
climate is a critical corporate tool for 2024.
2. Greater Enforcement of Existing Laws –
In 2024, a full range of private employers is likely to be subject
to greater scrutiny under laws affecting the employment
relationship, including gender pay gaps, discrimination, and
disability inclusion.
This may increase litigation risks as well as opportunities to
revamp systems which may ultimately benefit the employer,
employees, and clients.
3. Expanding Race & Ethnicity Categories
– The White House announced in early 2023 proposed revisions
of standards for collecting and reporting race and ethnicity data
across Federal agencies. An initial proposal includes adding a
response category for Middle Eastern and North African, separate
and distinct from the "White" category.
Proposed changes are likely to affect EEOC reporting, as well as
related DEI programming, in 2024.
4. Increase in AI, Tech & Data Use –
As AI, technology, and data continue to garner strength, there may
be hidden dangers in using information not vetted for bias.
The World Economic Forum: Four ways AI can be made more
inclusive:
Diversity
Transparency
Education
Advocacy
5. Focus on Systemic Changes – Analytics
can advance DEI given they offer a holistic view of the systems
involved and capture opportunities for change.
"Measuring your diversity initiatives helps to put form,
shape, meaning, value, accountability, follow-through, and forward
progress into your diversity efforts."
--Minority Corporate Counsel Association
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
