In the aftermath of the Supreme Court’s landmark decision voiding affirmative action practices in America’s institutes of higher education, a wave of litigation challenging diversity and inclusion programs of private employers have surfaced nationwide. This comes as the Equal Employment Opportunity Commission (EEOC) urges employers to persist in creating workplaces that prize inclusion and are free from harassment and bias.
Interestingly, these lawsuits come into play as the EEOC has innumerable cases advancing in court, indicating that enforcement of workplace rights remains at the forefront of their strategic enforcement plan for the forthcoming fiscal year, 2023.
The Supreme Court’s decision, which resonated throughout the nation, invalidated affirmative action tactics employed in colleges and universities, prompting a myriad of implications for private industries. A cascade of lawsuits contesting the validity of private-sector diversity and inclusion initiatives noticeably followed this verdict.
This uptick in litigation trends parallels the initiatives set out by the EEOC, who recently previewed their anticipated litigation trends for the fiscal year 2023. The EEOC persists in being vocal about the necessity of fostering workplaces that are not only diverse and inclusive but also free from bias and harassment. Their strategic enforcement plan, expected to guide their approach in the upcoming fiscal year, is reflective of this commitment.
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