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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Thursday, October 24, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

Osaama Saifi
Attorney
CDF Labor Law

Mr. Saifi is an experienced litigator who has tried multiple jury trials and defended employers and company executives in litigation related to meal periods, rest periods and overtime. He focuses his practice on defending employers in wage and hour class actions and claims brought under California’s Private Attorneys General Act. Mr. Saifi also defends employers from discrimination and harassment claims brought under California’s Fair Employment and Housing Act and Title VI under federal law. He also has experience counseling both large public corporations and private companies on state and federal laws relating to personnel policies, employee handbooks, termination accommodations, COVID-19 and compensation, and conducting onsite inspections and audits.

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Denisha McKenzie
Partner
CDF Labor Law

Ms. McKenzie is a formidable advocate for advancing diversity and inclusion and regularly assists management with developing effective action plans to achieve a diverse and inclusive workplace. In addition, she defends employers in all areas of labor and employment law in state and federal court, as well as before various administrative agencies, including the U.S. EEOC, NLRB, Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement. Ms. McKenzie's practice has a special emphasis on vigorously defending alleged claims of discrimination, harassment, retaliation, and wrongful termination. She also provides proactive advice, counsel and training to management on emerging employment issues in California to ensure compliance with its ever-changing laws and regulations. This includes drafting policies, employee handbooks, and policy manuals regarding leaves of absence, wage and hour compliance, occupational safety and health, and several other statutorily-mandated requirements. 

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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.

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?