Labor Department Emerges as New Venue for Corporate DEI Challenge Battles

A conservative legal grouping’s recent challenges to the diversity policies of multinational pharmaceutical company, Sanofi, via the US Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) illustrates a developing trend. The group, known as America First Legal, lodged a formal complaint to the OFCCP on January 2, also addressing the US Equal Equal Employment Opportunity Commission. They suggest that the hiring objectives of Sanofi and its subsidiary might evidence discriminatory behavior and call for an immediate inquiry.

This is not the first attempt of its kind; America First Legal, under the stewardship of former Trump advisor Stephen Miller, has previously scrutinized numerous diversity and inclusion programs. However, legal analysts maintain that it will be a challenging task to successfully illustrate bias through these diversity schemes within the federal contractor watchdog’s jurisdiction. Notably, some legal professionals also believe the OFCCP is unlikely to take up the challenge, but only time will attest to that.

The escalating use of the Labor Department as a platform for corporate diversity, equity, and inclusion (DEI) battles shows how legal professionals must stay vigilant and adapt to the changing strategies in these suits. For more detailed insights on this development, Bloomberg Law’s in-depth report elucidates the situation further.