Implementing Metrics-Based DEI Programs Post-SFFA: Navigating an Evolving Regulatory Landscape, Meeting Company Goals

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, June 5, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide a road map for employment law attorneys and in-house counsel on how to best create and implement diversity, equity, and inclusion (DEI) programs in light of the U.S. Supreme Court's recent Students for Fair Admissions decision and the political firestorm that ensued. The panel will discuss how to create a program that aligns with the company's values and goals while incorporating compliance metrics within the scope of EEOC guidance and emerging state and federal rules.
Faculty

Ms. Siler-Nixon has spent two decades partnering with her clients to help guide and direct their employment decisions to avoid the time and expense of litigation, and creating and executing a strategy to defend them through trial should the need arise. She uses depth of knowledge and expertise to ensure that clients exceed their DEI goals, while avoiding legal landmines. Ms. Siler-Nixon has extensive experience handling ADAAA and FMLA claims and has successfully litigated multiple plaintiff age discrimination claims in state and federal court. As a Certified Diversity Executive, Ms. Siler-Nixon routinely provides DEI advice, training and workshops designed to allow employees to recognize and combat their biases and create safe spaces where employees can bring their full selves to work and engage in courageous conversations across differences.

Ms. Jackman is an experienced counselor to employers on all aspects of employment from hiring to discharge, including misclassification, executive agreements, pay equity and transparency, FMLA and paid leave laws, restrictive covenants, avoiding discrimination claims, due diligence audits, fair labor standards, disability accommodations, performance improvement plans, termination, severance agreements and preparing multi-jurisdictional employee handbooks. Jen is also a seasoned litigator representing employers in state and federal courts throughout the U.S. Ms. Jackman routinely conducts investigations into complaints of harassment and discrimination. She also regularly provides management and staff training on a comprehensive range of employment-related issues, including anti-harassment, managing remote employees, sensitivity, diversity and inclusion, dealing with difficult employees and hiring practices

Ms. Rogers partners with employers—both large and small—to review, develop, and implement diversity, equity and inclusion programs that will enable each business to achieve maximum performance. She assists employers in strengthening morale among team members and building confidence with customers, vendors, and the public at large. Ms. Rogers’ team has deep DEI auditing capabilities and are able to pinpoint areas for improvement in organizations’ operations where diversity, equity, and inclusion can be utilized as a competitive advantage. Putting DEI initiatives in place does not only provide an opportunity to significantly decrease litigation exposure, it can also help provide an advantage over competitors to increase the perspective and performance of an organization’s most valuable asset—its employees. Ms. Rogers is a frequent speaker on DEI matters.
Description
Corporate DEI programs have been in the political crosshairs following the U.S. Supreme Court's Students for Fair Admissions Inc. v. President & Fellows of Harvard College (2023) (SFFA). Even though the decision did not apply to private employers' DEI initiatives directly, these 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.
There is no "one size" fits all DEI policy. Rather, today's DEI programs incorporate key strategic principles that are based on data-driven emerging research. Businesses must first assess where they currently stand so they can set realistic intentions for future goals and outcomes.
Once goals are set, the employer can develop a customized agile DEI framework that strives toward balancing a business' core values, labor market trends, employee demographic data, evolving industry standards, and emerging legal compliance rules that not only meet today's marketplace demands but also keep pace with the future of the workplace.
DEI programs and policies must be carefully crafted to comply with evolving federal and state employment laws and be coupled with actionable and measurable goals with an eye toward accountability and transparency.
Listen as our expert panel discusses how to implement a legally compliant metrics-based DEI program, taking into account the ever-evolving regulatory landscape while meeting the company's goals and workforce needs.
Outline
- Current status of DEI
- Students for Fair Admissions
- Evolving state legislation
- DEI initial internal assessment
- DEI goal setting
- Defining outcomes with timelines
- Measuring progress
- Accountable parties
- DEI framework
- Using emerging research and data to build DEI initiatives
- Key components of an effective DEI policy
- Taking into account future company growth
- Mitigating litigation risks
- Practitioner takeaways
Benefits
The panel will discuss these and other key topics:
- What effect may SFFA and the current political climate, including evolving state legislation, have on DEI program development? What considerations should counsel and their clients keep in mind when developing a compliant DEI program?
- When developing a DEI program, how should companies identify the issues related to DEI imbalances that need to be addressed?
- What data-driven metrics should employers use for establishing and measuring the effect of DEI programs?
- How will the development of a DEI program affect other internal processes such as recruiting, retention, and leadership advancement?
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