The concept of workplace diversity involves accepting and respecting differences among employees, including those concerning age, gender, race, ethnicity, national origin, veteran status, sexual orientation, and gender identity. Many studies have shown that companies are more successful when they champion diversity because doing so:

World events often reinforce the importance of diversity and inclusion as a means of combatting discrimination and harassment as well as promoting social justice. For example, fueled in part by the #MeToo movement, many companies have been increasing efforts to raise awareness about and reduce incidences of sexual harassment and sex discrimination. Although sexual harassment and sex discrimination have been unlawful for decades, many state and local jurisdictions passed #MeToo-inspired laws more directly targeting workplace sexual harassment, primarily aimed at providing greater transparency and accountability for sexual harassment, and in some cases requiring mandatory anti-harassment training.

In 2020, the killing of George Floyd by Minneapolis police sparked nationwide protests and a renewed focus on the #BlackLivesMatter (BLM) movement combatting racial inequality and injustice. Employees seeking to show solidarity with the movement spurred employers to take concrete actions. In response, some employers relaxed or revised dress code policies, allowing employees to wear BLM tee shirts, hats, or buttons. Others responded by recognizing Juneteenth, now a federal holiday commemorating the end of slavery in the US, as a company holiday and day off for workers.

In June 2020, during Pride Month, the US Supreme Court's issued an historic ruling in Bostock v. Clayton County, holding that Title VII protects LGBTQ employees from employment discrimination, in addition to other protected classes (140 S. Ct. 1731 (2020)). This decision will force some employers – especially those in places where LGBTQ rights are not protected under state law – to rethink their hiring and other employment practices or risk liability for Title VII violations.

In June 2023, the US Supreme Court's issues another history decision in Students for Fair Admission Inc. v. President and Fellows of Harvard College and University of North Carolina, significantly limiting (if not eliminating) the permissibility of any race-conscious admissions processes for higher educational institutions ( (U.S. June 29, 2023). Although the decision does not directly address discrimination under Title VII or the employer-employee relationship, many commentators note that this decision may have implications for workplace DE&I programs and potentially carve a path for challengers of these efforts.

Employers continue to grapple with how to address racism, gender inequality, and other forms of discrimination brought to the forefront by global and national events, while tackling post-pandemic health and safety and employee morale issues.

This Toolkit compiles Practical Law resources addressing diversity, inclusion, discrimination, and harassment in the workplace, including law firms and law departments. We will continue to populate this with new and updated materials as we create and revise resources to address these evolving and complex issues.