Diversity, Equity & Inclusion Compliance

Matters

At Constangy, our dedication to championing diversity and inclusion has been ingrained in our firm's ethos since its inception in 1946. Our pioneering commitment to diversity is evident in our early hiring practices, exemplified by the appointment of Mildred McClelland as a partner—a groundbreaking decision during an era when women comprised only a small fraction of attorneys. Drawing from this rich legacy, we continue to assist our clients in promoting inclusive cultures that nurture a sense of belonging.

Our attorneys have been involved in a diverse array of engagements. Here are a few examples of how we have assisted our clients:

• Provided educational sessions for DEI teams and executive leadership in response to changes in the legal landscape around affirmative action.
• Collaborated with a prominent restaurant group's employment counsel to integrate DEI initiatives and objectives for all management-level employees, providing tools for measuring progress and ensuring accountability while minimizing legal risks.
• Conducted training sessions that included a range of topics such as Equal Employment Opportunity (EEO) and anti-harassment laws, complete with examples of impermissible conduct or language; an exploration of diversity principles and initiatives; an overview of the organization's current DEI initiatives and the laws that impact these programs; and comprehensive training on DEI, focusing on how to integrate these principles into company practices.
• Partnered with the leadership of a private behavioral service company, offering legal advice and guidance to an employee steering committee focused on fostering conscious inclusion, active allyship, and collaborative culture. This involved a comprehensive examination and revision of key HR policies.
• Analyzed a national retailer's workforce to assess workforce composition and develop targeted recruitment strategies and compliant selection practices.
• Assisted a non-profit organization in enhancing diverse board leadership and provided educational support on how DEI principles can be integrated into its strategic plan to build inclusivity and drive organizational growth.
• Counseled companies - from small boutique businesses to Fortune 500 companies - on DEI initiatives, ensuring compliance with Title VII or providing analytics on hiring and pay equity.
• Partnered with cross-organizational DEI Committees to advise on contract language that reflects shared DEI values and supports organizational change.

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For more information on DEI trainings, visit this link. 

Diversity, Equity and Inclusion Audit Services

At Constangy, we understand how important implementation and achievement of your DEI program is.  Diversity and inclusion have been areas of focus for many employers for years now. However, with the momentum of the social justice movement, we see organizations placing an increased emphasis on efforts to further their goal of ensuring a diverse, inclusive, and equitable workplace. Having a DEI policy is a basic starting point, but organizations that truly want to advance these concepts must dig deeper. Employers should consider adopting DEI best practices, analyzing their workforce and practices, and developing lawful mechanisms that will foster true change.  

Constangy’s DEI Audit tools can assist an employer with assessing whether its efforts are designed to cultivate true DEI within its organization. Our DEI Audit tools are exceptionally comprehensive from start to finish. Important audit segments cover the breadth of the employer-employee relationship—from pre-employment postings and policies to post-hire practices and employee engagement. Whether it is employee performance reviews or workplace culture, Constangy’s DEI Audit tools will help you dissect your internal DEI efforts and practices . . . and Constangy lawyers can work hand-in-hand with your organization to plan and implement any needed changes. The DEI Audit tools described in more detail below are designed to measure an organization’s compliance with various laws and regulations that impact DEI, as well as the voluntary actions that employers can adopt to help “move the needle” when it comes to achieving a diverse, equitable, and inclusive workplace.    

Our firm’s DEI Audit Services are different from what you might find elsewhere. These tools were prepared by employment lawyers with an eye for what matters from a variety of perspectives – technical compliance, EEO and harassment issues, litigation and EEOC trends, DEI best practices, and organizational barriers. We understand that DEI involves more than just responding to the latest fad or newsworthy event, and our Audit tools incorporate this intersection between employment law and DEI.

To facilitate these important DEI efforts, we have developed a three-tiered service approach: 

• DEI Implement 
• DEI Self-Assessment Indicator 
• DEI Evaluation & Strategic Action Plan 

Because DEI efforts encompass numerous components of an organization, use of these DEI Audit tools may require input from various sectors or departments, such as human resources, DEI, organizational development, talent acquisition, compensation, benefits, employee relations, and similar groups. Participation by this cross-section of viewpoints is necessary to obtain a robust and accurate view of overall DEI efforts and strategies. And yet, the tools are intuitive and user-friendly, so you can execute the assessment and have results in a few weeks, not months.

DEI Implement – Tier One  

Our DEI Implement details specific DEI initiatives and programs that can be executed throughout the employment process and employee lifecycle. The DEI Implement contains sections on pre-employment policies and practices, post-offer procedures, terms and conditions of employment, employee engagement and culture, and a separate section for federal contractors. Each section lists numerous suggested DEI and compliance topics. Organizations can check off the areas already satisfied and circle other topics or ideas for further review and development. In addition to the thorough, eight-page DEI Implement, this tier includes an optional thirty-minute conference with one of our experienced DEI attorneys to address questions about your DEI practices. For a brief preview of the DEI Implement, visit this link.

DEI Self-Assessment Indicator – Tier Two 

Constangy’s DEI Self-Assessment Indicator incorporates the same sections included in the DEI Implement, but provides an extensive and detailed questionnaire to be completed by the organization. Responses are automatically scored, and users can monitor and evaluate their own DEI progress and achievements, while also using the questionnaire to learn about and develop additional DEI initiatives. Given the breadth and scope of the questionnaire, we estimate that most organizations will need two to four weeks to complete it. To see a quick preview of the DEI Self-Assessment Indicator, follow this link.

DEI Evaluation & Strategic Action Plan – Tier Three 

The most comprehensive tier of Constangy’s DEI Audit Services is DEI Evaluation & Strategic Plan.  This tier includes the detailed questionnaire described above in Tier Two, but in lieu of the self-assessment, a Constangy attorney well-versed in the DEI area will review and evaluate your organization’s responses and information and provide detailed feedback and recommendations. The Evaluation will include an assessment of each area of inquiry, noting any fields where efforts are not likely to result in meaningful change and if potential issues of legal non-compliance are identified. Constangy will also provide assistance with policy preparation, where necessary, and development of a Strategic Action Plan to help achieve DEI opportunities identified in the Evaluation. To the fullest extent possible, responses that are gathered in the process and the Evaluation have the protection of the attorney-client privilege. 

For more information, please contact Cara Crotty, co-chair of the DEI practice group, or the Constangy attorney of your choice. 

Diversity, Equity and Inclusion Trainings 

Exclusive DEI Compliance Training

The 2023 Supreme Court decision on Affirmative Action significantly altered the Diversity, Equity, and Inclusion landscape. Organizations committed to DEI need to understand the long-term implications of this case. Partner with Cara Crotty, Chair of the firm’s Affirmative Action/OFCCP Compliance practice group, to ensure that your organization’s specific DEI practices comply with the law.

Cara brings unparalleled expertise to guide your team through this complex landscape in a personalized, in-depth presentation tailored to your organization’s needs.

Topics covered include:

• Breakdown of Supreme Court’s Ruling
• Implications for DEI Programs
• Recent Legal Actions and Pitfalls
• Best Practices for Compliance

To learn more, download our handout or contact Cara Crotty for further assistance.

Diversity, Inclusion & Respect in the Workplace Training

Constangy attorneys have long provided tailored diversity-oriented training programs, but in today’s world, training for employees is more important than ever. Effective training can help decrease a company’s legal exposure to claims of discrimination.

Lawyers can present trainings to senior management, supervisors, and/or the full workforce. Training may take place either in person at your facilities or virtually. Our programs are substantive and thorough—while at same time bringing down-to-earth content that minimizes “legalese” for all audiences.

Topics covered in our program range from unconscious bias and explicit bias to diversity and inclusion. Practical, measurable solutions and action items for your organization are presented. Our trainings are interactive by nature. Speak to your lawyer about planning for interesting anonymous polling of audience participants or follow-up quizzes for learning. Formats can also vary if desired, such as moderated panels to roundtables with scenarios for discussion.

To inquire about more details or pricing of training, please contact us. An attorney will get with you promptly.

Diversity in Constangy’s DNA

Seventy-five years. Countless stories.

We’ve seen the rise of rock ’n roll, the civil rights era, the Vietnam war, the women’s movement—and inventions from microwave popcorn to fax machines to the internet. As times changed, so has the way we work. Gone are the days of smoking in the office and men having to wear coats in the halls.

But one thing has remained constant: our deep respect for people and a long-standing commitment to creating inclusive workplaces. Some would say that inclusion is in our DNA.

One long-time client may have said it best:
“There’s a soul to Constangy that’s unique and refreshing—not something you find with other firms.”

The story of our firm is the story of our people—from the steps we took yesterday to the progress we pursue today. Join us as we reflect on a few of the moments that have defined our journey toward a more inclusive future.

Click here to learn more!

Diverse Leadership

Recognition as a Diverse Firm