If you were fired or not hired because of a DEI program, or because of concerns that it might appear to be part of a DEI program, the employer may have broken the law.
Hi, my name is Doug Lipsky, and I am an employment lawyer.
There has been a lot in the news about DEI programs and concerns surrounding them. Much of the discussion has been fueled by political commentary and public debate.
As a result, there is a real possibility that employers may begin making employment decisions that violate discrimination laws.
For example, it is entirely foreseeable that an employer might decide to fire someone because others believe that person was hired only because of a DEI initiative, regardless of how qualified that employee actually is.
That kind of decision would likely be unlawful.
It is also possible that an employer may choose not to hire a qualified applicant because they are worried it could appear that the hiring decision was related to a DEI program.
If the employer instead hires someone else to avoid that perception, that too could violate employment discrimination laws.
Employment decisions must be based on qualifications and job performance, not assumptions, stereotypes, or perceived diversity concerns.
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