Chief’s Counsel: Challenges to DEI Programs in Policing

In light of the recent U.S. government actions related to diversity, equity, and inclusion (DEI), it is important for police leaders to be mindful of their ongoing obligations to comply with state and federal employment and anti-discrimination laws. Based on the June 5 decision of the U.S. Supreme Court, U.S. police executives should review their employment practices and policies, including their employee handbooks, rules and regulations, and policies and procedures to ensure that they are in conformance with applicable state and federal anti-discrimination laws.

The Supreme Court’s decision in Ames v. Ohio Department of Youth Services is expected to have a significant impact on DEI programs in police departments and other organizations by making it easier for individuals to sue for reverse discrimination under Title VII of the Civil Rights Act.1 This change could lead to an increase in reverse discrimination lawsuits challenging DEI initiatives, as plaintiffs will now face a lower bar to initiate such claims.

 

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