Jeff Englander and Keith Markel Discuss Legal Risks Stemming from Publicly Stated Diversity Targets

Partners Jeffrey Englander and Keith Markel were quoted in an Agenda article entitled “Commitments to Diversity Are Increasing. So Too Is Litigation.” The April 24, 2023 article discussed the uptick in litigation relating to diversity issues over the last few years as companies have pledged to increase diversity. Such litigation can stem from stakeholders’ alleging companies have made misleading statements regarding their commitment to diversity as well as “reverse discrimination” lawsuits filed by groups or individuals who feel that less qualified job candidates are being chosen to fulfill diversity goals.  

Jeff and Keith, co-chairs of Morrison Cohen’s Labor and Employment Practice, discussed the legal risk associated with publicly stated diversity targets. Keith noted that “the old adage ‘no good deed goes unpunished’ comes to mind. Rather, employers are better off being cognizant of their demographics without implementing quotas, as doing so can result in the hiring of less qualified candidates, which in turn creates litigation risk. We always advise our clients to choose the most qualified candidates regardless of their protected class identities.”

Jeff added, “There should be ample evidence to support the preferred qualifications of the candidate selected.” He also suggested that companies should be “prudent” in how they promote diversity goals.

Subscribers to Agenda, read the full article here.