DEI - Legal or Illegal?

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Prior to the Supreme Court’s 2023 affirmative action decision, some predicted that this ruling would “take down” the diversity industry or deliver a “concussive” blow to workplace diversity and inclusion efforts. After the Court effectively abolished race-conscious college admissions, some voices doubled down, declaring that “all DEI programs” were now “illegal.”

Not so fast.

No court has ever decided that DEI is per se illegal. However, in recent years, the amount of DEI-related litigation and social media-based campaigns to end DEI keeps increasing exponentially, especially with the White House's current program to end DEI efforts through federal investigations, lawsuits, and a new push by the EEOC to counter DEI-related employment practices.

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