Overview

Many organizations implement diversity, equity, and inclusion (DEI) initiatives to help strengthen their ability to connect with clients/customers, attract and keep talent, and drive innovation and productivity. Recently, DEI initiatives have been under scrutiny. Our attorneys are there to help guide our clients through the shifting tides.

More so than ever, it is vital that employers carefully develop and implement these initiatives and efforts to stay within the confines of constantly changing employment laws and above the scrutiny that may arise from employees, regulators, and others.

Employers turn to Epstein Becker Green, with its 50+ years of employment law experience, for help in building and maintaining inclusive workplaces with diverse perspectives, mitigating the risk of litigation, and protecting their brand and reputation. Our DEI Compliance and Legal Counseling group, comprised of talented attorneys with broad experiences and backgrounds, provides counseling, training, and litigation services tailored to each client’s specific needs and goals.

Effective Programs

Epstein Becker Green helps employers in all industries evaluate, develop, and maintain compliant programs supporting inclusion and belonging. We work with clients’ boards of directors and senior executives to institute best practices for a diverse workforce while keeping clients compliant with all applicable laws and regulations—federal, state, and local. Our attorneys take a practical approach, bringing to bear their own experience in both the private and public sectors and their extensive knowledge of employment law.

Analysis and Advice

Employers rely on us to gauge their current DEI posture and to help them institute effective, compliant programs going forward. Our team works with companies to help them audit compliance with existing DEI initiatives. We also work with companies to monitor and examine their workplace culture and climate.

Our full suite of DEI services includes examining clients’ recruiting, retention, and promotion practices, analyzing what’s working and what’s not. We review our clients’ mentoring programs, affinity groups, and sponsorship programs. Clients also count on us to conduct pay equity audits, address government contracting compliance obligations, and make updates, as needed, to policies and procedures regarding harassment/discrimination and internal complaints. In addition, we review clients’ performance management, discipline, voluntary separation, and discharge processes and suggest any necessary adjustments.

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Workplace Training

Training is essential to an employer’s efforts to create an inclusive workplace. Many of our clients call on us to conduct trainings for executives, managers, and rank-and-file employees in areas of increasing concern, such as bystander obligations, unconscious bias, and social media practices. We offer individual and group training or a variety of digital and virtual options, each adapted to a client’s needs.

Crisis Management, Communications, and Litigation

Claims against a company involving harassment, discrimination, or diversity-related issues can be devastating to the company’s brand and reputation. Clients confronted with brand- and reputation-threatening claims seek our advice on how to handle the crisis situation. We conduct internal investigations into the claims, recommend remedial action, and help our clients prepare and review appropriate communications to both internal and external audiences.

In addition, we vigorously defend our clients if their DEI practices are challenged before administrative agencies or in court. We also advise on crisis prevention measures and apply lessons learned from litigation to further strengthen our clients’ DEI programs and mitigate future reputational and legal risk.

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