Bloomberg Law has officially published the results from its Executive Orders: Focus on DEI Initiatives report, which is designed to deliver a rather comprehensive look at the legal and practical implications of recent executive orders targeting diversity, equity, and inclusion (DEI) in the workplace.
Going by the available details, this particular report would conceive expert-led approach to analyzing how these orders influence employers across the public and private sectors.
Providing an interesting follow-up to Bloomberg Law’s recently launched In Focus page on executive orders and actions, the company’s latest report brings forth several key insights into statistical trends, regulatory compliance challenges, and litigation risks created by these executive orders.
You see, it produces actionable recommendations, across a collection of five expert-authored pieces, to empower employers and attorneys in the context of better assessing and responding to DEI-related challenges.
Talk about the given lowdown on a slightly deeper level, we begin from Bloomberg’s focus on risk factors, as employers must review and assess compliance risks associated with their corporate initiatives to determine if they are illegal DEI.
Next up, we must expand upon the prospect of corporate governance. This made the cut for Bloomberg’s report after EO 14173 caused many companies to erase their diversity programs, including hiring and promotion goals, based on an analysis of Form 10-Ks filed with the Securities and Exchange Commission since Jan. 21.
Another detail worth a mention is rooted in the litigation aspect. Up until now, DEI orders have gone on to face a total 16 court different challenges, with the outcomes of those largely uncertain. Having said so, a statistical analysis of the complaints does provide some insight into where plaintiffs are filing, along with against which government agencies.
Hold on, we still have a few bits left to unpack, considering we haven’t yet touched upon Bloomberg’s focus on diversity analytics.
In case you weren’t aware, companies that do business with the government have been mandated to share diversity-related data for years. As for what that means in the current lowdown, the report effectively digs into how EO 14173 can very well be an opening for contractors to use attorney-client privilege, and therefore, shield their DEI-related audits from regulators.
Rounding up highlights would be the topic of bar compliance. Even though most state bar associations are still maintaining and promoting DEI-related programs for their members following the issuance of EO 14173, they will now need to make sure that their programming is compliant with federal laws, all while remaining committed to the improvement of legal services and regulation of lawyers.
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The company’s excellence in what it does can also be understood once you consider 96% of the all Am Law 200 firms use Bloomberg Law, with that figure going all the way to 100% among federal circuit courts. Beyond that, more than 94% of GCs and CLOs also agree that Bloomberg Law has all the tools they need.
“This report goes beyond simply cataloging the legal risks associated with the executive orders. Our analysis provides meaningful, practical guidance that empowers employers and attorneys to evaluate their approach to DEI issues through a targeted lens,” said Alex Butler, head of content & analysis at Bloomberg Industry Group. “Bloomberg Law is committed to providing legal professionals results-oriented insights that address the evolving challenges of workplace compliance, litigation, and corporate strategy.”
