As the federal government continues to ramp up scrutiny of diversity, equity, and inclusion (DEI) practices through executive orders, a Civil Rights Fraud Initiative, and ongoing Department of Justice (DOJ) guidance, employers must take note — and take action — to avoid potential compliance risks and liability. In a new HR Laws article, Partner Jill Chasson broke down the latest DOJ memo and its implications for businesses navigating this shifting legal landscape.

In the article, Jill highlighted the DOJ’s view that seemingly neutral criteria such as “lived experience” or “cultural competence” may be unlawful if they function as proxies for protected characteristics. She also explained the agency’s warnings against preferential hiring, diverse-slate requirements, race-based programs, and training content perceived as exclusionary.

Additionally, Jill outlined the DOJ’s new recommended best practices for employers, including focusing on measurable qualifications, eliminating quotas, ensuring inclusive access to workplace programs, and carefully documenting legitimate, nondiscriminatory reasons for selection criteria.

Well-versed in the many federal and state laws that govern the workplace, Jill regularly works with employers to develop key policies, resolve difficult personnel issues, and provide guidance regarding legal compliance and risk management. When disputes arise, she represents employers before administrative agencies, in arbitration proceedings, and court litigation regarding a variety of employment-related claims.

For more, read the full HR Laws article.