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MEET YOUR PANELISTS:

PROACTIVE AND Aggressive diversity & inclusion initiatives: the legal risks and business imperative. MEET YOUR PANELISTS:. Simone Francis Ogletree Deakins Shareholder. Chai Feldblum Morgan Lewis Partner & Director of Workplace Culture Consulting. Michelle Ybarra

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MEET YOUR PANELISTS:

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  1. PROACTIVE AND Aggressive diversity & inclusion initiatives: the legal risks and business imperative

  2. MEET YOUR PANELISTS: Simone Francis Ogletree Deakins Shareholder Chai Feldblum Morgan Lewis Partner & Director of Workplace Culture Consulting Michelle Ybarra Keker, Van Nest & Peters Partner Kim Askew K&L Gates Partner

  3. Balancing the legal risks

  4. PROGRAMS & INITIATIVES: THE LEGAL REALITY Managing Risks Around Recruiting • Reserving Candidate Spots for HBCU or Female Colleges • Diversity Goals • Quotas • Requiring Females/People of Color on Every Interview Panel

  5. RECRUITING VIOLATIONS • Wilberg v. Google (Superior Court San Mateo Cal. Case No. 18-CIV-00442): Ex-YouTube recruiter accuses Google of hiring discrimination against white, Asian men.

  6. REVERSE DISCRIMINATION • Anderson v. Yahoo (N.D. Cal. Case No. 5:16-cv-000527): alleging that supervisors intentionally hired women and fired male plaintiff

  7. REVERSE DISCRIMINATION A segment of the bar is actively pursuing these types of claims: Damore v. Google (Santa Clara Case No. 18CV321529): alleging discrimination against white and male employees through “taking into account gender and/or race when considering promotions …” Must simultaneously defend Ellis v. Google (San Francisco Case No. CGC-17-561299): “Google has violated and continues to violate the [FEHA] by discriminating against women … [by] promot[ing] women more slowly and at lower rates than similarly-situated men …”

  8. PROGRAMS & INITIATIVES: THE LEGAL REALITY Data – Is it Protected? • Analyzing Performance Rating Data By Race/Gender? What to do with the Results? • Incentivizing Leaders – Adding D&I Metrics to Performance Reviews.

  9. PROGRAMS & INITIATIVES: THE LEGAL REALITY People of Color or Gender Based Mentorship/Sponsorship • How to Structure? • Engagement? • Benefits/Detriments?

  10. PROGRAMS & INITIATIVES: THE LEGAL REALITY Rooney/Mansfield Rule • Diversity Lab Mansfield Certified? • 30% Rule (Women, LGBTQ+, People of Color for any significant leadership role) • Rooney Rule • Require at least 1 female/minority in candidate/promotion pool before interviews take place • Protections against gender/race playing a role in decision? • Safeguards from preventing unqualified candidates from becoming the “token” female/person of color candidate?

  11. PROGRAMS & INITIATIVES: THE LEGAL REALITY Affinity/Employee Resource Groups • Legal and Business Risks • Discrimination • Unfair Labor Practices • Demands for Data • Best Practices for Implementation

  12. TAKING RACE & GENDER INTO ACCOUNT: A MORE EXPANSIVE LEGAL VIEW • Perspective from a Former EEOC Commissioner • Basis for and Weaknesses in the Conventional Legal Analysis • An Alternative Legal Analysis • Practical Considerations

  13. THANK YOU!

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