Effect on DEI Programs of Muldrow Decision

The Muldrow decision will likely result in more charges of discrimination being filed, and such concepts can impact DEI programs.  For example, DEI mentoring programs or employer-sponsored affinity groups only offered to employees based on certain protected traits, and excluding others, are technically now open to attack under the Muldrow concept.  A plaintiff would still have to show that he or she was losing a benefit or advantage in some employment aspect by not being able to participate in the DEI program.  The ruling encourages employers to pay attention to the qualifications for mentoring and other professional development initiatives, avoiding participation qualifications based on protected classifications.

This article is part of our June 2024 Newsletter. 

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