Antitrust Guardrails for Association DE&I Initiatives
Keep antitrust risks in mind when designing initiatives
Energized by the Black Lives Matter (BLM) movement and the #MeToo movement before it, businesses and nonprofit organizations have increasingly committed—often publicly—to advancing diversity, equity and inclusion (DEI), both internally and in their outside activities. DEI initiatives should be planned and implemented thoughtfully to reap the organizational and societal benefits while ensuring compliance with legal requirements, including those arising under the U.S. antitrust laws.
Going beyond legally mandated prohibitions against discrimination, DEI efforts are voluntarily developed, strategic responses to encourage diversity, equity and inclusion.
DEI initiatives encompass a wide spectrum of organizational choices:
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