Ketan Bhirud joined Texas AG Ken Paxton and Stephanie Hall, Senior Vice President & Deputy General Counsel at Valero Energy Corp to discuss the risks involved in Diversity, Equity, and Inclusion (DEI) workplace activity after the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The panelists presented the following questions which were raised with General Paxton:
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Are there specific DEI-related policies or practices that your office would consider high risk or likely to trigger legal challenges?
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What guidance can your office provide to companies that are committed to maintaining a racially diverse workforce while ensuring compliance with state and federal anti-discrimination laws? Are there examples of DEI initiatives that your office believes comply with Texas law, or do you view most of these initiatives as inherently problematic?
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Does your office have a position on the use of non-racial factors (e.g., socioeconomic background, geographic diversity) in DEI programs?
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What specific steps should companies take to avoid reverse discrimination lawsuits while maintaining diverse and inclusive workplaces?
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What are the potential consequences or penalties for companies found to violate Texas's anti-discrimination laws through their DEI programs?