Maintaining DE&I Programs Amid Legal and Public Scrutiny

Karen O'Connor
Partner, Labor & Employment

Abstract

Karen O’Connor, Partner in the Labor & Employment Group, discusses how employers can navigate today’s heightened scrutiny of diversity, equity, and inclusion (DE&I) initiatives. Speaking from her experience counseling clients through complex employment issues and litigation, O’Connor notes a growing trend of organizations scaling back or altering their DE&I programs out of legal concerns. She emphasizes that for companies already operating within legal boundaries, there is no new law requiring them to retreat—longstanding rules still mandate fair treatment regardless of race, religion, disability, and other protected characteristics. O’Connor underscores the importance of reassuring clients, addressing legitimate fears, and helping them adapt without abandoning their commitments. In a climate where public exposure and reputational risk feel heightened, she explains why informed, confident decision-making is key to sustaining legally compliant and effective DE&I efforts.

Transcript

My name is Karen O'Connor. I am a partner in the Labor and Employment Group, formerly of the Portland office, recently moved to the Boise office. I counsel clients in complex employment situations and then help them navigate those situations when they become litigation.

The navigating uncertainty piece that we did was, I think, a real reflection of who we are as a firm because it was a collaboration across, again, across offices, across practice groups, across various geographies and such. It was really interesting in that regard.

I found it challenging because of exactly what we are talking about; it is navigating uncertainty. For the most part, our clients call us because they are trying to...they want an answer, right? Clients do not call for us to say, it depends, or I do not know. Particularly in the DE&I field right now, there is a lot of uncertainty. We are fielding a lot of calls from clients who are backing away from their DE&I programs. They are changing the language, they are changing the focus, and they are very concerned about whether their programs are illegal DE&I.

For most of our clients, if they have been legally compliant, and I think most of them are, there is no reason to back away or back down because the law has not changed. The law has always required that you treat people fairly without regard to their race, ethnicity, religion, disability, we all know the list. To be able to reassure them about their ability to keep doing what they are doing is really important. Also, recognizing their very legitimate fears at this time. Nobody wants to end up on the front page of The New York Times. We have all seen a lot of that happening, and it is really scary for clients, so helping them navigate that and talk about those things, and to be able to reassure them has been really helpful.