Civil Rights Audits, DEI Assessments, and Culture Reviews and Investigations

Civil Rights Audits, DEI Assessments, and Culture Reviews and Investigations

Anti-Discrimination

There is a heightened focus on how companies and institutions respond to and address equity, compliance, discrimination, harassment, retaliation and other workplace issues. Drawing on decades of practice in the areas of civil rights, internal and government-facing investigations and litigation, and labor and employment, WilmerHale has unparalleled experience advising company management and boards in the wake of high-profile allegations of specific misconduct, as well as understanding and navigating broader cultural and equity issues. Our clients span the private, public and nonprofit sectors, and across industries including financial services, food and restaurant, technology and social media, consumer-facing goods, sports and entertainment, and education.

Our work has involved multifaceted reviews of our clients’ policies, practices and business impacts with respect to discrimination, harassment, retaliation and other civil rights-related issues. We have extensive experience conducting sensitive internal investigations, including regarding misconduct allegations against senior executives and officials. More generally, we regularly advise companies and organizations anticipating scrutiny of their diversity, equity and inclusion (DEI) efforts, including with respect to employees and the workplace, suppliers and vendors, and external commitments. Our approach in every matter is tailored to the workforce, reputational, regulatory or litigation risks facing each client.

Experience

  • Civil Rights Audits and DEI Assessments

    • Conducted an equity audit for Goldman Sachs, assessing the impact of certain externally facing initiatives aimed at promoting equity and economic opportunity, including among underserved communities.
    • Conducted a civil rights audit of Google, assessing issues related to workforce, content moderation, artificial intelligence (AI) technologies, advertising platforms and services, and external economic opportunity programs, supplier partnerships, and philanthropic efforts.
    • Conducted a civil rights audit for a Fortune 500 quick service food company, assessing workforce policies and practices for corporate employees and employees in company-owned restaurants, internal DEI initiatives, efforts related to franchisees and suppliers, and community impact and philanthropy.
    • Conducted a racial equity audit for a multinational company, assessing the company’s DEI initiatives, marketing strategies, political contributions, and environmental and sustainability programs.
    • Conducted a racial equity audit for Maximus, assessing the company’s workplace policies and procedures, DEI initiatives, administration of federal and state services, government relations, and philanthropic efforts.  
    • Conducted a racial equity assessment for The Home Depot, assessing the company’s workforce policies and procedures, DEI initiatives, employee experience, supplier diversity programs, and philanthropic and community partnerships.  
    • Conducted a racial equity assessment for Invesco Ltd., assessing the company’s D&I initiatives, the workplace experience of its employees, workplace policies and procedures, talent acquisition and talent management processes, supplier diversity program, philanthropy and community partnerships, and aspects of its products and services.
    • Conducted a civil rights audit for Stericycle, assessing internal workforce efforts and environmental justice efforts.
    • Conducted a racial equity audit for a global financial services company, assessing the company’s workforce policies and procedures, talent processes, DEI initiatives, supplier diversity program, community engagement, and certain products and services.
    • Conducted targeted reviews, including for a technology company, a business software company, a financial services firm, and a government contractor, of DEI programs and initiatives, including those related to recruiting and hiring processes, talent management, and supplier diversity programs, in light of increased scrutiny of such efforts.
    • Conducted assessments for multiple public companies and their boards focused on identifying legal risk stemming from allegations of reverse discrimination from activist shareholders related to DEI programs and initiatives.
    • Conducted a review of the anti-harassment, anti-discrimination, and anti-retaliation compliance program at a major technology company, and developed recommendations to make the program best in class.
    • Conducted an equity audit for a large asset manager, including an assessment of policies and procedures related to discrimination, harassment, and retaliation and its investigatory practices when complaints are filed related to such issues.
    • Conducted an internal review of anti-discrimination policies, procedures, and practices on behalf of a prominent national nonprofit educational organization. 

  • Culture Reviews and Investigations

    • Retained by the Special Committee of the Board of Directors of a large technology company to conduct an independent assessment of workplace culture, including the company’s policies and practices concerning discrimination, harassment, and other workplace issues; how the company evaluates, promotes and compensates employees; and how the company responds to and investigates complaints of discrimination, harassment, and retaliation. 
    • Conducted a culture review for the New York Mets under the direction of new ownership, including a review of anti-harassment policies and procedures and the processes for addressing workplace concerns, as well as interviews of employees about their workplace experience, to develop recommendations to enhance workplace culture.
    • Conducted a culture review of Point72 in the wake of a high-profile lawsuit alleging a hostile work environment, including an assessment of the company’s policies, procedures, and training materials, and interviews of numerous employees regarding their experience at the company.  
    • Conducted an independent investigation for the Board of Regents of the University of Michigan into allegations of a decades-long pattern of sexual misconduct by an athletics team physician.
    • Conducted an independent investigation for the Board of Regents of the University of Michigan into allegations of sexual misconduct against the former Provost.
    • Conducted an independent review on behalf of a Special Committee of the Board of Directors of a large international nonprofit dedicated to helping refugees.
    • Conducted an internal investigation for a global company following allegations of sexual misconduct at a facility outside the United States.
    • Conducted an internal investigation for a media company following allegations of discriminatory behavior.
    • Conducted an internal investigation on behalf of a prominent national public charter school network regarding allegations of historical sexual misconduct against a board member, including a comprehensive review of sexual harassment policies, protocols, and training materials. 
    • Represented the Board of Regents of a state university system in connection with allegations that senior university athletic and administrative personnel mishandled reports of domestic violence.
    • Conducted an internal review of policies, procedures, and workplace culture on behalf of a leading advertising agency in the wake of reported allegations of race discrimination and inequity. 
    • Conducted an investigation of allegations of racial discrimination as well as a culture review regarding issues of discrimination and equity within a department of a national restaurant group.
    • Conducted a workplace investigation regarding claims of discrimination at a major cultural institution.
    • Conducted an investigation of workplace discrimination claims at a major financial institution.
    • Conducted an investigation of allegations of racial discrimination against a senior leader within a particular department of a major national retailer. 
    • In the aftermath of the improper indictment of members of Duke University’s lacrosse team, conducted an internal review for the board and helped the university address follow-on litigation.

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