Corporations Caught in the Middle – Growing Challenges by Activist Shareholders to DE&I Programs

Mar 15, 2023

Companies committed to Diversity Equity & Inclusion (DE&I) initiatives cannot ignore the growing array of challenges to corporate DE&I programs. We are seeing a growing number of DE&I programs become the focus of legal controversy, with corporations caught between activist shareholders pushing to increase diversity in the workforce and others arguing against DE&I programs.

In addition, there are new legal claims against companies that embraced and implemented broad DE&I programs and made public pledges to increase diversity in their workforces and supply chains.


The growing skepticism and challenges of DE&I programs likely will accelerate after the Supreme Court’s widely anticipated decisions later this year, which are predicted to set aside affirmative action programs in student admissions and expand protections against religious discrimination.


We provide additional information on these developments and the legal challenges to corporate DE&I programs in our Briefing Paper, and on our newest podcast entitled “DEI Under Assault: Will it Survive” on The DC Insider—Employer Update™ podcast series.

FTC Approves Non-Compete Ban

24 Apr, 2024
On April 23, 2024, the Federal Trade Commission voted, 3 to 2, to ban nearly all non-compete agreements. The ban is scheduled to become effective 120 days after it is published in the Federal Register (as of the date of this alert, it has not yet been published).

New Overtime Regulations Released by Department of Labor

23 Apr, 2024
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, increasing the salary threshold for overtime exemptions.

DOL Released Final Overtime Rules Effective July 1, 2024

23 Apr, 2024
DOL released its final OT Rules which will become effective July 1, 2024.

Final PWFA Regulations

18 Apr, 2024
The EEOC’s final Pregnant Workers Fairness Act (“PWFA”) regulations were republished in the Federal Register on April 19 and will become effective on June 18th. The final regulations and guidance clarified and, in some cases, expanded on employers’ accommodation obligations for pregnancy related conditions from what the EEOC originally included in the proposed regulations.
On March 29, 2024, the Office of Management and Budget published revisions to federal data that cove

New Race Categories

09 Apr, 2024
On March 29, 2024, the Office of Management and Budget published revisions to federal data that covered entities must collect on race and ethnicity.

Biden Administration Proposes New Pay Transparency/Equity Rule

02 Apr, 2024
On January 29, 2024, on the 15th anniversary of the enactment of the Lily Ledbetter Fair Pay Act, the Biden Administration announced a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings. The proposal was published in the Federal Register on January 30, 2024 and comments were due on April 1, 2024.
Show More

FTC Approves Non-Compete Ban

24 Apr, 2024
On April 23, 2024, the Federal Trade Commission voted, 3 to 2, to ban nearly all non-compete agreements. The ban is scheduled to become effective 120 days after it is published in the Federal Register (as of the date of this alert, it has not yet been published).

New Overtime Regulations Released by Department of Labor

23 Apr, 2024
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, increasing the salary threshold for overtime exemptions.

DOL Released Final Overtime Rules Effective July 1, 2024

23 Apr, 2024
DOL released its final OT Rules which will become effective July 1, 2024.

Final PWFA Regulations

18 Apr, 2024
The EEOC’s final Pregnant Workers Fairness Act (“PWFA”) regulations were republished in the Federal Register on April 19 and will become effective on June 18th. The final regulations and guidance clarified and, in some cases, expanded on employers’ accommodation obligations for pregnancy related conditions from what the EEOC originally included in the proposed regulations.
On March 29, 2024, the Office of Management and Budget published revisions to federal data that cove

New Race Categories

09 Apr, 2024
On March 29, 2024, the Office of Management and Budget published revisions to federal data that covered entities must collect on race and ethnicity.

Biden Administration Proposes New Pay Transparency/Equity Rule

02 Apr, 2024
On January 29, 2024, on the 15th anniversary of the enactment of the Lily Ledbetter Fair Pay Act, the Biden Administration announced a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings. The proposal was published in the Federal Register on January 30, 2024 and comments were due on April 1, 2024.
OFCCP Contractor Portal

OFCCP Contractor Portal to Open on April 1, 2024

26 Mar, 2024
OFCCP announced on March 25, 2025 that its contractor portal will open for federal contractor certification on April 1, 2024 and close on July 1, 2024.

Nita Beecher Moderating DC Briefing: Executive Agencies v. the Courts March 26, 2024

14 Mar, 2024
Join our skilled presenters as they discuss the actions of the DOL (Wage & Hour; OFCCP; OSHA), the NLRB, and recent Court arguments confronting the Chevron doctrine, with a focus on the impact on the workplace.

Biden Administration Proposes New Pay Transparency/Equity Rule for Federal Contractors

31 Jan, 2024
On January 30, 2024, the Biden Administration published a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings.
On January 9, 2024, the Department of Labor’s Wage and Hour Administration (“W&H”) issued its long-a

New Independent Contractor Rule Raises Issues of Compliance and Enforcement

17 Jan, 2024
On January 9, 2024, the Department of Labor’s Wage and Hour Administration (“W&H”) issued its long-awaited final regulation, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act.”
More Posts
Share by: