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Corporate diversity, equity, and inclusion (DEI) initiatives are facing a rocky legal landscape following the Supreme Court’s ruling on affirmative action. In a recent WorkLife article, legal expert David Glasgow suggested that DEI programs can face legal risks when they meet the “three Ps”: preference to a legally protected group with respect to a palpable benefit.
As a result, organizations are rethinking how to advance DEI in a legally safe way, and some are cutting or curtailing DEI in general. Others are shifting away from seemingly preferential practices toward comprehensive approaches that foster inclusion and equity for all.