The 2nd U.S. Circuit Court of Appeals upheld a previous court’s decision, dismissing a lawsuit against Pfizer’s fellowship program brought by the organization Do No Harm. The organization, which opposes the integration of identity politics into healthcare, claimed that the fellowship program illegally excluded White and Asian American applicants, violating state and federal laws. Pfizer’s Breakthrough fellowship specifically targets advancing students and early career professionals of Black/African American, Latino/Hispanic, and Native American descent. Do No Harm’s legal challenge was rejected because it failed to present any individual by name who was directly harmed by the fellowship’s eligibility criteria.
This case is part of a broader discussion on diversity, equity, and inclusion (DEI) initiatives and their legal implications. There have been increasing claims and legal actions against DEI policies, including a recent worker complaint alleging anti-White sentiment and bias against DEI policies by a potential employer. Similarly, Nasdaq’s board diversity rule, which mandates listed companies to have directors from diverse backgrounds, faces legal challenges.
The legal landscape surrounding DEI initiatives has become a focal point, especially following actions by political figures like Texas Governor Greg Abbott, who banned such initiatives in state institutions, and a Supreme Court ruling that deemed racially-conscious admissions programs at colleges unconstitutional. These developments have prompted DEI practitioners in the private sector to reevaluate their strategies to ensure they do not contravene the law.
Moreover, a pending Supreme Court case could potentially broaden the grounds for discrimination charges under Title VII of the Civil Rights Act, depending on whether it decides that “tangible harm” needs to be proven for discrimination allegations. Legal experts Holly Williamson and Verónica A. Ucros have advised HR departments to review DEI initiatives for compliance with Title VII.
At an Economic Club of New York event, former Attorney General Eric Holder emphasized the importance of data-driven DEI approaches and the need to articulate the business rationale for these initiatives, highlighting the ongoing debate on how to effectively and legally implement DEI policies in the workplace.
