Silberman Law PC

OFCCP Compliance & Defense

Practice Areas

Diversity, Equity & Inclusion Program Risk Assessment

Quickly growing legal challenges to DEI programs may impose significant liability on employers. We help our clients conduct privileged, comprehensive audits of DEI to mitigate risk while increasing program effectiveness.

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More About Our Diversity, Equity & Inclusion Program Risk Assessment Practice

There are quickly increasing, and aggressive, legal challenges to workplace Diversity, Equity & Inclusion (DEI) programs. Silberman Law PC has extensive experience helping employers conduct privileged DEI risk assessments to determine how best to design and implement robust DEI programs – and achieve effective results – while mitigating risk.



Our DEI assessment is designed to answer these questions – 

  • Are You Doing Diversity & Inclusion “Right”? The law allows employers to engage in DEI but too many currently have in place programs that create significant, and avoidable, legal risk. We help employers critique, change and enhance their DEI programs to reduce risk while increasing program effectiveness.


  • What Are Your DEI “Low Hanging Fruit” Risks? What DEI efforts and programs have come under greatest (and most successful) attack? Do you set DEI “goals”? Are you providing monetary incentives to managers to achieve DEI objectives? If you are a global company, are your DEI efforts and programs the same for your international and U.S domestic operations? With some strategic adjustments, we help clients meaningfully reduce risks in these and other areas. 


  • What Are the Emerging DEI “Hot Spots”? Beyond the “low hanging fruit”, the emerging areas of of risk – and opportunity – are efforts that have been core to many DEI programs for years. Are you deploying “diverse slates”? Are your Employee Resource Groups creating unnecessary risk? Do you have diversity internships, fellowships, or scholarships? These efforts can be done right or wrong, from a legal perspective. We will scrutinize your company’s DEI efforts and will recommend changes and enhancements to reduce legal risk. 


  • Are Your DEI “Comms” Creating Avoidable Risk? Public statements about DEI often create unnecessary scrutiny and legal exposure. We help you assess and improve DEI messaging in your 10-K’s, ESG and sustainability reports, your website, your employee training materials, and other internal and external communications.