Diversity, Days Off, and Design: Takeaways from our latest webinar

Thank you for joining us for Diversity, Days Off and Design! If you weren’t able to join us (or would like to share the webinar with colleagues), you can access the recording and webinar slides here. Here are three key takeaways from our discussion:

1.   Because #affirmativeaction in employment prohibits race-based decision making, lawful affirmative action programs—and proper #DEIB initiatives—are unaffected by the SFFA v. UNC and Harvard decision, but poorly constructed or poorly led programs may create traditional #discrimination claims.

2.   #SCOTUS redefined and raised the threshold of #unduehardship for employers evaluating #reasonableaccommodation requests for employee religious beliefs and practices beyond the decades-old de minimis standard. While the Court refused to say these standards would be consistent with #ADA law, it’s hard to see any difference in the two. 

3.   The conservative bloc of the Supreme Court remains interested in conflicts between business religious and expressive rights vs. antidiscrimination statutes, as demonstrated by its decision finding a website designer had a First Amendment right to refuse to design custom wedding websites for gay couples, and that constitutional right of course superseded anti-discrimination law. 

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