Silberman Law PC

Diversity, Equity & Inclusion Program Risk Assessment

Practice Areas

Diversity, Equity & Inclusion Program Risk Assessment

With the U.S. Supreme Court’s recent decision largely outlawing race-concious decision making in university admissions, there is growing risk that workplace Diversity, Equity & Inclusion (DEI) programs will be exposed to scrutiny and legal challenge. 

Contact Us

Learn More About Diversity, Equity & Inclusion Program Risk Assessment

Silberman Law PC has extensive experience helping employers conduct DEI risk assessments to determine how to design and implement robust DEI programs – and achieve effective DEI results – while mitigating risk. 


Our DEI assessment is designed to answer the following questions:

  • Are You “Doing Diversity Right”? – The law allows for DEI programs but many employers currently have in place programs that create significant legal risk, while also often not achieving the programs’ objectives. We help employers critique, change and enhance their DEI programs to limit risks while increasing effectiveness.

  • Are Your DEI “Goals” Lawful? – An employer lawfully may establish DEI percentage placement goals only if the employer first establishes there is a “manifest imbalance” by race or gender in its workforce. Properly conducting this analysis is critical to establishing legally defensible DEI placement goals. Silberman Law attorneys and statisticians conduct these analyses and we position our clients to set meaningful, actionable goals that will withstand legal scrutiny. 

  • Are Your DEI Efforts & Actions Legally Defensible? – After legally defensible goals are set, the next area of significant risk – and significant opportunity – is the specific DEI efforts and actions you engage in to achieve those goals. For example, are you deploying “diverse slates” or providing monetary incentives to managers to achieve DEI goals? These actions can be done right or wrong, from a legal perspective. Our team will scrutinize your company’s DEI efforts, and we will recommend changes and enhancements to reduce legal risks and increase effectiveness. 


  • Is Your DEI “Messaging” Creating Avoidable Risk? – Public statements about DEI often create unnecessary increased scrutiny and legal exposure. We help you assess and improve DEI messaging in your ESG and sustainability reports, your website, your DEI training materials, and other internal and external communications.
Share by: