MEET YOUR PANELISTS Simone Francis Ogletree Deakins Shareholder Chai Feldblum Morgan Lewis Partner amp Director of Workplace Culture Consulting Michelle Ybarra Keker Van Nest amp Peters ID: 908376
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Slide1
PROACTIVE AND Aggressive diversity & inclusion initiatives: the legal risks and business imperative
Slide2MEET YOUR PANELISTS:
Simone Francis
Ogletree
Deakins
Shareholder
Chai Feldblum
Morgan Lewis
Partner & Director of Workplace Culture Consulting
Michelle Ybarra
Keker, Van Nest & Peters Partner
Kim AskewK&L GatesPartner
Slide3Balancing the legal risks
Slide4PROGRAMS & INITIATIVES: THE LEGAL REALITY
Reserving Candidate Spots for
HBCU
or Female Colleges
Diversity GoalsQuotasRequiring Females/People of Coloron Every Interview PanelManaging Risks Around Recruiting
Slide5RECRUITING VIOLATIONS
Wilberg
v. Google
(Superior Court San Mateo Cal. Case No. 18-CIV-00442):
Ex-YouTube recruiter accuses Google of hiring discrimination against white, Asian men.
Slide6REVERSE DISCRIMINATION
Anderson v. Yahoo
(N.D. Cal. Case No. 5:16-cv-000527): alleging that supervisors intentionally hired women and fired male plaintiff
Slide7REVERSE DISCRIMINATION
A segment of the bar is actively pursuing these types of claims:
Damore
v. Google
(Santa Clara Case No. 18CV321529): alleging discrimination against white and male employees through “taking into account gender and/or race when considering promotions …”Must simultaneously defend Ellis v. Google (San Francisco Case No. CGC-17-561299): “Google has violated and continues to violate the [FEHA] by discriminating against women … [by] promot[ing] women more slowly and at lower rates than similarly-situated men …”
Slide8PROGRAMS & INITIATIVES: THE LEGAL REALITY
Analyzing Performance Rating Data By Race/Gender? What to do with the Results?
Incentivizing Leaders – Adding
D&I
Metrics to Performance Reviews.Data – Is it Protected?
Slide9PROGRAMS & INITIATIVES: THE LEGAL REALITY
How to Structure?
Engagement?
Benefits/Detriments?
People of Color or Gender Based Mentorship/Sponsorship
Slide10PROGRAMS & INITIATIVES: THE LEGAL REALITY
Diversity Lab Mansfield Certified?
30% Rule (Women, LGBTQ+, People of Color
for any significant leadership role)
Rooney RuleRequire at least 1 female/minority in candidate/promotion pool before interviews take placeProtections against gender/race playing a role in decision?Safeguards from preventing unqualified candidates from becoming the “token” female/person of color candidate?Rooney/Mansfield Rule
Slide11PROGRAMS & INITIATIVES: THE LEGAL REALITY
Legal and Business Risks
Discrimination
Unfair Labor Practices
Demands for DataBest Practices for ImplementationAffinity/Employee Resource Groups
Slide12TAKING RACE & GENDER INTO ACCOUNT: A MORE EXPANSIVE LEGAL VIEW
Perspective from a Former EEOC Commissioner
Basis for and Weaknesses in the Conventional Legal Analysis
An Alternative Legal Analysis
Practical Considerations
Slide13THANK YOU!