Human Resources: Demystifying DeStefano: Where Do Well-Meaning Employers Go From Here With Their Diversity Efforts?

The Supreme Court’s ruling in Ricci v. DeStefano case is in. And the task of well-intended employers who are committed to promoting diversity through various initiatives has just become a little more complex. Please join us for an informative session as we help employers understand the impact of this important decision on your organization’s diversity initiatives, the new state of the law under DeStefano, and what practical steps you can take in the design and implementation of your programs to ensure that you minimize the risk of lawsuits from either minority or non-minority employees.

When employers implement diversity initiatives that are designed to level the proverbial “playing field” amongst members of their talent pool, such programs can create a number of legal risks including, most notably, reverse discrimination claims from members of the non-targeted groups. As a result of the Supreme Court’s recent decision in Ricci vs. DeStefano, wherein the Court ruled against the City of New Haven for violating Title VII of the Civil Rights Act of 1964 when it threw out the results of promotional exams after targeted minority firefighters did not score as well as non-minority firefighters, employers must now have a “strong basis in evidence” before they can take “race-based actions” to remedy potentially discriminatory situations. Consequently, the task of well-intended employers who attempt to manoeuvre that precious middle ground between avoiding disparate impact claims and disparate treatment claims has become just a little more complex.

While the DeStefano decision squarely addresses such initiatives in the context of the public sector, the Court’s analysis of Title VII is still significant to private-sector employers given that Title VII’s anti-discrimination mandate is also applicable to them.

Please join us for an informative session as we address a number of areas including:

The impact of DeStefano on your diversity initiatives in areas including recruitment, training, and promotions;
Understanding the new state of the law for using a protected characteristic in your diversity initiatives to correct a potentially discriminatory situation;
Considerations for management in the implementation of organizational diversity initiatives;
General legal guidelines for the design and roll-out of your diversity programs;
Best practices to minimize the risk of lawsuits from either minority or non-minority employees or applicants.

This webcast has been approved for 1.0 General credits through HRCI

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