On demand 1h 5m 18s Intermediate

Best Practices in Building Legally Compliant DEIA Programs

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Best Practices in Building Legally Compliant DEIA Programs

As DEIA initiatives become more commonplace in law firms and organizations, it can be difficult for people unfamiliar with the topic to understand what it truly means and why it's needed in the first place. This course will take you through the basics of DEIA, as well as the legal framework and Federal level of involvement, before finally giving tips and tricks to handling the subject in a way that's both a boon to your practice and easy to handle.

Transcript

Hello. Uh, my name is Craig Leen. Today I will be presenting best practices in building legally compliant DEIA programs. I want to thank Quimbee for hosting me today. I'm a partner at K&L Gates in Washington, DC. So welcome everyone. As I mentioned, I'm a partner at K&L Gates. I'm also the former director of the Office of Federal Contract Compliance Programs. That's a federal civil rights agency at the US Department of Labor. Many firms and organizations are seeking to address historic inequities and adverse impact based on race, gender, and other protected class bases through comprehensive data initiatives. You might ask what DEIA stands for. Diversity, equity, inclusion and accessibility initiatives. And sometimes they go by other names as well. We'll talk about that a little later. But that's what we're discussing today. Dea and how to put together, uh, effective and legally compliant programs. So why are organizations doing this? Well, they're doing it because they're seeking to proactively respond to civil rights protests, persistent pay gaps, and underrepresentation of racial and ethnic minorities and women in executive level positions and in other areas as well. One thing I often used to say at Ofccp and our enforcement division was very supportive of this as well, and our enforcement director, who was an economist, we would often say that there were several industries where you had significant underrepresentation of women and minorities in these higher level positions, and those industries included law, legal organizations, finance banks, uh, tech, tech companies, um, as well as tenure track faculty at universities. So, uh, the point, though, is that law was definitely one of those areas. And when you look at some of the surveys that are done about partners in the United States, the stats are concerning. Uh, if you look at simply partners, for example, equity partners, partners, uh, about 75% of partners are men and about 25% of partners are women. If you look at who's graduating from law school, it's much it's much closer to 5050. In fact, women are the slight majority. And even at like mid-level associate positions, uh, it's about 50 over 50. It's close to that. So the point is that there is a at some phase or point in someone's career, uh, men are being pushed up into these partner positions, and women are being pushed out or into other positions or steered into other positions or leaving, uh, the private sector. And so this is something that's a concern, because anytime you have that significant underrepresentation in executive level position and partner positions, it's something you want to address, because that sort of distortion means that you're not getting the best people into those positions. Uh, you know, in the banking industry, it's the same thing, same with tenured faculty at CCP. We'd often talk about the 8020 split with about 80% men, 20% women in those executive level positions. So this is why D.A. initiatives, you know, are so critical, so important. It's not only because of pay equity. It's not only to make sure everyone's getting an opportunity to get that entry level position, but these executive level positions are incredibly important as well. These partner level positions, D.A. initiatives are broader than and involve more than Ofccp compliance, though. You know one thing about Ofccp, the agency I used to lead, it really only has jurisdiction over federal contractors and subcontractors. There's about 25,000 of them in the United States. They employ about a quarter of the American workforce. However, you know, that means that they don't employ about 75% of the workforce and that there's many, many, many more companies who are not federal contractors. Nevertheless. The EEOC Equal Employment Opportunity Commission has published guidance on DEIA. So as Ofccp and even if you're not a federal contractor, you could have one of those programs. Now, why do I make why do I talk about this difference between federal contractors and non contractors? Because if you're a federal contractor under Ofccp, you have a duty, an obligation to do affirmative action. And that's heavily regulated by Ofccp regulations, by guidance from the Department of Labor. And of course, if you have that duty to do affirmative action, um, you're going to do that because it's required by law. DEIA is not the same as affirmative action. That's a point we're going to make today and I'm going to talk about that more. DEIA is broader. And you don't have to be a federal contractor to do it. One other point I want to make, because there was a recent decision by the US Supreme Court on affirmative action, I want to make the point that that was not affirmative action in employment. The Supreme Court was not speaking about ofccp or about federal contractors, or about affirmative action in employment. The Supreme Court was speaking about affirmative action in higher education and about whether you can have a preference or a plus factor that's provided to certain underrepresented groups based on race, um, to make sure that they have the same opportunity to be, um, in that particular university or college. Supreme court said no. Uh, they issued a decision changing prior case law and basically saying that you can't have that plus factor or preference in higher education admissions. Supreme court did not talk about affirmative action in employment. One thing you should know is that title seven has indicated for a very long time. And so as the court precedent and the EEOC and Ofccp that preferences, quotas plus factors are illegal, they've been illegal. They are illegal. Affirmative action in employment doesn't involve plus factors. It involves assessing your workforce to see if there's barriers to employment, barriers to advancement for underrepresented groups, for women and minorities. It involves looking at your diversity analytics to see if you have underrepresentation compared to the availability of those groups in the workforce, and then setting goals over time to try to to try to make sure that your workforce reflects availability, the population that's being drawn from. You know, that's extremely important, but it does not involve plus factors or preferences. Any time race or gender or a protected class is used as a motivating factor for an employment decision that is illegal, that violates title seven. So that's something to keep in mind. So, you know, as of CCP director, I was often told by companies and other stakeholders, civil rights community, um, different federal agencies, state agencies that diversity and inclusion departments operated independently from affirmative action, equal employment opportunity compliance departments, as well as general counsel's offices. So just to drill down on that a little bit. So, you know, you might have a major company, it could even be a midsize company. It could be a law firm. And you would have your DNI lead, your chief diversity officer potentially, or your DNI department. You would then have your HR. And maybe your EEO compliance department. And you might, even if you're a federal contractor, have an affirmative head of affirmative action. And then, of course, over here you would have your general counsel's office and they would all be separate and they wouldn't interact that much. And you might end up having each of them do things that are inconsistent with the other. For example, you could set certain diversity goals that were inconsistent with your affirmative action plan, or that could even be considered preferences or quotas that the general counsel's office would say was that you can't do that is illegal. And the three were not talking to each other. This was one of the comments that was most frequently raised when I would do presentations, uh, to civil rights groups, organizations, stakeholders. So, you know, this could lead to diversity and inclusion departments inadvertently violating the law or acting inconsistently with affirmative action programs. So one of my goals here is to provide legal and practical considerations for law firms, legal organizations, both for themselves and in the legal advice that they're giving to other organizations in how to develop an effective Dei program, Dei program, or Dei. And we'll talk about that in a little bit. Why I add the A that enhances diversity, equity, inclusion and accessibility, which is a critical goal while also complying with title seven and other nondiscrimination requirements. And in fact, that's in part why I'm doing this presentation with Quimbee today, because this is something that incredibly important to me. Something I worked on at CCP and I feel is critically important for the future of our country to make sure we're fully, fully utilizing our workforce and that all groups have an opportunity to participate in the American dream and have that opportunity to advance. That's good for everybody. So first let's start with the legal frame. And I know there's many lawyers watching this. So you have title seven, which is part of the Civil Rights Act of 1964, came out of the civil rights movement. You have Executive order one, one, two, four six, 1965, an executive order from President Johnson. Lbj issued that executive order again as part of the civil rights movement. And then you have similar federal and state authorities. All of these clearly prohibit the use of preferences or quotas in hiring, pay or promotions. That always has to be the first step. The benchmark principle, the important fundamental principle in your DEA programs, that these DEA programs are not quota programs. They're not preference programs. You're not favoring certain groups over other groups in any in hiring, pay, or promotions in any area of employment. The problem is, if you don't set that out from the beginning, you know. A lot of people think that, oh, they hear affirmative action, or do they think it does involve preferences or quotas? And if they see evidence of that, they may make a complaint to the EEOC, to ofccp, to your HR. And it may cause this to be a divisive program, because some people may feel like, oh, I'm not being benefited by it. I'm being harmed by it. Now, whether they are being benefited or harmed, there could be a debate. But the point is, preferences or quotas are illegal. So you don't want to start your DEIA program with that. You want to be very clear. This is about equal opportunity, not about preferences or quotas. So that and that's really to make sure that it's legally compliant with title seven and EO 11246. Now the EEOC has actually published guidance here. So if you have someone come up to you and say, well, I don't agree with that, I think we do need to have preferences or quotas. You can point them to EEOC guidance, which says the law forbids discrimination in every aspect of employment period. And you can point them to Ofccp guidance. Ofccp oversees affirmative action for the United States government for all federal contractors. They're the principal agency in this area, they say in an answer to an FAQs. You know, Ofccp regulations do not permit quotas. Preferences are set asides. They are strictly forbidden. Likewise, after the US Supreme Court has now ruled in the Sffa case, which we're going to talk about in a second involving Harvard University and the University of North Carolina, after ruling that preferences are not legal in the higher, higher admission, pardon me, higher education admission area. It makes no sense to then do preferences or quotas in the employment area when they've been illegal for a long time. Uh, it's very likely that if you did do that and that got before a federal court, they would find that illegal, too. And they probably would cite to the US Supreme Court precedent. So this guidance means that you need to be careful with your DEIA programs, that you don't have preferences, quotas, that you don't have, programs that exclude people because of their race or gender. The goal of DEIA programs is to include people and to address areas where people are underrepresented and not being included, and making sure they can be included, and ensuring that there's not discrimination. That's a key principle and that's the legal framework. So let me talk a little bit more about this. You might say, well then what is affirmative action? If you don't have preferences or quotas, you have to be so careful, uh, that everyone's included. Well, what does it mean to do affirmative action? And the important thing to remember is that Executive Order one, one, two, four six and title seven both allow for affirmative action in appropriate circumstances. For Ofccp EEO 11246. That's for federal contractors and subcontractors who have a contract of at least $50,000 and who have at least 50 employees. Then they are required to do affirmative action. And I've given you a description of what that is. Placement goals, utilization goals, hiring benchmarks, or rigid or inflexible quotas to be met. That is not what it is. Pardon me, I'm expressed a little bit wrong. It's not a quota. These are not rigid or inflexible quotas to be met. So the placement goals, utilization goals and hiring benchmarks are good faith standards that you're seeking to meet to to be able to fulfill your affirmative action obligations. So you know, what is the utilization goal? They have one for people with disabilities. The Ofccp enforces it. It's 7%. So there's a goal that 7% of your workforce be people who self-identify as having a disability. That's not a requirement. That doesn't mean you have to go out and only hire people who have disabilities. What it means is that over time, you need to set that goal, and in order to achieve it, you do outreach and recruitment of people with disabilities. You create a disability, employee resource groups, affinity groups. You encourage people to self-identify. You are proactive accommodation programs. And over time, your self-identification rate of people with disabilities will go up. Same for race or gender. Let's say you set a goal. Let's say you're in a metropolitan area where, um, women make up 40% of the workforce in a particular job area. Let's say lawyers. For example, in a particular area, 40% of, um, all lawyers are women and 60% are men. Let's say that's what utilization is in your metropolitan area. And let's say your firm is 70% men and 30% women. Well, then you would set a goal over time that you want to get to 40% women, but you want to do that by then hiring women over men because they're women. You want to do that. You can't consider that that would be a quota or a preference. What it means is that you would do more outreach and recruitment to women. You would ask women and find out why are women leaving the firm? Is it because we don't have sufficient, uh, benefits? Is it because, um, you know, for caregivers who are women and women are still more likely to be caregivers than men? Do we not have sufficient policies, uh, parental leave policies, caregiving leave policies that allow women to both remain in our workforce, in our workplace and continue to to fulfill those responsibilities? Uh, what are we doing with men? Are we letting men have those same opportunities to be caregivers or for men? Or are we basically saying up or out, and you can't take these, you know, caregiving opportunities? And for women, we're giving them these opportunities, but we're not letting them be partners. We're keeping them in a non partner track. Well, if you're doing that, you're going to have a disparity of men and women in partner level positions, and you're not going to be able to meet this goal, for example. But that's how you meet the goal through good faith efforts. So when a contractor fails to meet a utilization goal or hiring benchmark, according to OCP, the contractor assesses its employment practices and takes appropriate measures to address identified problem areas and remedy potential discrimination. And this is actually done through an affirmative action program that you put together. You put a lot of thought into it. How are you going to address the fact that you're underrepresented, or that women are less likely to stay in your workforce than men are? Why? Why is that happening? Such remedies may include assessing and revising policies and practices that hinder employment opportunities. I mentioned a few. Broadening recruitment to the underrepresented group. Uh. Broadening outreach to increase the diversity of applicant pools. Instituting training and apprenticeship programs to increase promotion opportunities and applications from underrepresented groups. Having mentorship programs focused on underrepresented groups. There's so many ways to do it. And in fact, we're going to talk about some later. But the important thing is it's not a preference or quote. And I don't want to belabor this point too much. I'm a strong believer in D.A. programs. When done correctly and legally, they can have a huge impact on increasing diversity and inclusion. Strongly believe that. At the same time, though, it's so critical that you're following this legal framework and that you understand it. I have belabored to some extent the point that you can't have preferences or quotas. Now, another point that comes up with D.A. programs. Some people will say. Almost like a rumor or a myth that, well, because of the SFA. Sfa decision students for Fair Admissions v Harvard and Students for Fair Admissions v the University of North Carolina, because the Supreme Court said that affirmative action in higher education was not legal, that, uh, in terms of a preference in admitting students of particular races, because that's not legal, that that means that you can't have DEIA. That's not true. Court didn't address the programs. Didn't address employment at all. The. So first the two cases were decided together. Now the UNC case was A63 decision and the Harvard case was A62 decision. The reason why the Harvard case was six two and not six three is because Justice Jackson recused herself, and Justice Jackson dissented from the UNC decision. The six justice majority is. The are the justices who were considered the more conservative justices. The three justice minority were the more liberal justices. The, uh and that six three split would have probably happened in Harvard two. But Justice Jackson recused herself because my my recollection is she was on the board of trustees at some point. Uh, so six written opinions in this case, that's rare. You typically don't get six written opinions, but here that you had the majority opinion from the chief justice joined by Justices Thomas, Alito, Gorsuch, Kavanaugh and Coney Barrett. You had three concurrences from three of the conservative, more conservative justices. Then you had two dissents. One from Justice Sotomayor, joined by Justice Kagan in both cases, and by Justice Jackson in the UNC case and by Justice Jackson in the UNC case, joined by Sotomayor, Justices Sotomayor and Kagan. The point is that the justices had a lot of different views on this case. Now the University of North Carolina affirmative action program was assessed under the Equal Protection Clause Y of the 14th Amendment. Why? Because it's a public state entity. It's a government. Essentially. It's a public state enemy entity. It's run by the government of the North Carolina. Um, you know, not maybe not directly by the governor or something like that. But, you know, it has a board and it ultimately reports to the state. So it's viewed as a state entity for purposes of this area of law. Harvard, on the other hand, is a private school. It doesn't it's not run by a state government. It's not a public entity. So it was assessed under title six of the Civil Rights Act. Remember we talked about title seven, which involves employment. Title six involves entities, organizations that receive federal funds. So if you receive federal funds, then you agree to comply with certain aspects of the Civil Rights Act. So because Harvard is a private entity that receives federal funds, that basically the same standard as the 14th amendment was applied to Harvard under the Civil Rights Act through title six. So the cases had very similar legal standards. Now, the question here was when you're admitting students, can you use race as a plus factor or does that violate the law? And one issue that both schools were facing was they had underrepresentation of, um, certain students. And I think in the particular focus in these cases was African American students underrepresentation and using race as a plus factor to make sure that African Americans have an opportunity to be in those classes, and that you have a higher representation of African Americans in those classes. So, you know, if you don't use race as a plus factor. Sure. Certainly there will still be African Americans in those classes, but it would have been more predominantly based on the statistics, more predominantly Asian Americans and whites. And so the concern was that there would not be the same opportunity for minority groups, certain minority groups, to be able to get into Harvard or UNC. So race can still be considered when raised as part of it. Now, the court said that yes, you can't specifically consider some someone's race as a plus factor. But what you can do, you can still consider race when the candidate, the applicant the student raises race as part of an essay in the context of leadership, advocacy, character, such as overcoming discrimination or being the leader of an affinity group or something like that. Being involved in the civil rights movement. Then you can't consider it, but only in that context. You're not supposed to give a preference to someone solely because of their race. This part of the decision makes it possible that non plus factor affirmative action in employment, and possibly in higher education, could still be upheld by the Supreme Court if they ever addressed it, because they're essentially saying, here, look, you can talk about race in your essays, just like you can talk about race and gender in your inclusion programs and in your training to make sure there's not harassment, there's not discrimination to talk about that, how that's impacted you as an individual, your identity. So you can bring your whole self to work. So if affirmative action in employment ever did go before the Supreme Court because of this part of the decision, the majority decision saying that race can still be considered when raised in context and explained and not simply by itself as a factor, um, that it can still be considered. That makes me think that the Supreme Court is likely to uphold affirmative action in employment as well, as long as it sticks to that same approach, follows that same approach. And as I mentioned, affirmative action employment already prohibits plus factors, preferences, quotas or set asides. So, you know, everything that was achieved in this case from the Supreme Court's perspective as to higher education admissions that you can't have plus factors already existed, already exists in terms of hiring people. Applying for admission to college has been treated differently than applying for a job. Applying for a job you can't have a plus factor you couldn't even before this case. So this case is basically made higher education admissions the same as employment. The way employment already is that you can't consider preferences or quotas, so doesn't. So the case doesn't directly address employment and doesn't really establish any principle that's inconsistent with how affirmative action is already being done in employment. So, you know, we've talked for some time. You know, about 20 minutes or so about the legal framework and why the idea is possible, why affirmative action is still possible, why it hasn't been prevented, why it hasn't been eliminated. And, you know, so you read in the paper, sometimes you're seeing, um, statements made in the paper or, you know, people talking about this or in the media more generally or in, you know, sometimes you've seen some state attorney generals say things, you know, you've seen a variety of things indicating, well, what does this mean for employment? Well, you can't do DEIA employment. You can't do affirmative action employment. That's not what the court said. And it's important to remind people that you can't do these things in employment. And in fact, if you're a federal contractor, you're required to do affirmative action in employment. And even if you're not a federal contractor, you're required to, at the very least, have a nondiscrimination program to train so that there's not discrimination or harassment in your workplace and to seek to eliminate discrimination and ensure pay equity, for example, all these things you can still do, and moreover, you're allowed to go above and beyond that and have diversity, equity, inclusion, accessibility programs as long as they don't have preferences or quotas. So I wanted to sort of lay out that legal framework so you understand that so you can respond to it. Let's talk about DEIA now. And this is not fully, you know, solely legal. There's also policy aspects to this and best practices and trying to build environments where people feel included and can bring their whole self to work. That also helps you just from a legal perspective. If you have a DEIA program that's done legally. Correct. And that's inclusive, it greatly reduces liability risk too, because in those sort of workplaces you have less complaints that are filed, less people feel that they've been discriminated against because of their race or gender. So DEIA can be a very positive part of a risk mitigation program, can be a very positive part of having of employment training, uh, having an inclusive workplace. So DEIA touches on affirmative action and nondiscrimination. But as I mentioned, is a separate, broader concept. It's about building a workplace environment that supports and seeks to include employees from all protected classes and all backgrounds through inclusive and accessible training, policies and practices. Now. Many D.A. initiatives focus on racial equity and gender equity in employment. In fact, I would say the significant majority of DEIA programs focus on only those two groups, those two protected classes race and gender. I saw a study and I may get to it a little later, but I saw a study from the Harvard Business Review that says that only 4% of Dei programs, diversity, equity, inclusion programs, and Dei is probably the most common way they're referred to. Uh, only 4% of those programs include disability. Less of them include religion, less of them were around the same, I would guess include LGBTQ plus employees. You know, a lot of times they don't include age at all. Older employees, they don't include them. So these are other protected classes that your DEIA initiative should include. In my opinion, you want to be more inclusive. The more inclusive you are, the better. Include veterans as well and we'll get into how you can do that more in a little bit. But the other reason you might ask, well, why do I keep saying DEIA instead of DEI? Since dei since DEI is the more common terme? Well, because I think that you should add the A because that seeks to incorporate accessibility principles into DEIA. And as you'll see, because the United States government. Which is a standard that you can point to if people challenge your DEIA program, if they say, well, why are you doing DEIA? This isn't legal. We're concerned about it. You can point to an executive order from President Biden, which we're going to talk about in a second, and guidance from the federal government about DEIA. The federal government has a DEIA program. They have a big focus on accessibility. So that gives you a degree of cover in the sense that you can point to the federal example of DEIA as to why you have this program. Indeed DEIA, I would say is a white House priority. And this is, you know, in the Biden administration. But I would also say, even though you've seen some controversy around DEIA, um, even in Republican administrations, even if they don't call it DEIA, I do think you're going to continue to see a significant focus on pay equity and on eliminating discrimination, which can tie into these programs. So DEIA is about assessing employment policies and practices to eliminate inequity and adverse impact. The white House, EEOC, and Ofccp all are calling for companies to promote diversity, equity, inclusion and accessibility in their programming without crossing the legal line I mentioned set by title seven. Indeed, right after the Supreme Court decision on affirmative action, the EEOC, I think the same day the chair, Charlotte Burrows, who I know and have great respect for the same day she issued a statement saying companies should continue their DEIA programs, that the Supreme Court decision didn't impact that because it didn't involve employment and because preferences and quotas are not allowed in employment. So, you know, came out right right away in favor of these programs. Ofccp has published guidance saying basically the same thing, continuing to focus on increasing DEIA programs, affirmative action. President Biden has issued multiple executive orders on the subject for the federal government, and you should look them up on your web browser. Type in EO 14035. Look at it. Uh, it has definitions for each of these terms. Diversity. Equity. Inclusion. Accessibility. These would be helpful definitions to include in your policy. We'll get to them in a second. They uh EO 14069 about promoting pay equity in federal contracting. Indeed. Um, you know, a lot of these DEIA programs will include a pay equity element and for federal contractors, president Biden, uh, and the the white House just issued a, uh, through the federal, you know, involved federal agencies just issued a notice of proposed rulemaking that would require federal contractors to no longer consider salary history when setting pay because of the concern that salary history, um, can be impacted by pay gaps and is not the best way to set someone's pay that it can lead to pay inequity against women and minorities. So, you know, this is a this is an area that where you need to continue to to be ahead of the game, ahead of the ball, you know, thinking about what's happening, making sure that you're not considering salary history when you set people's pay so that you don't end up having a problem down the line if you're audited or you have a lawsuit. Now, these definitions come from the president's executive order. The firm. Diversity means the practice of including the many communities, identities, races, ethnicities, backgrounds, abilities, cultures and beliefs of the American people, including underserved communities. The terms. Equity means the consistent and systematic, fair, just and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. The firm. Inclusion means the recognition, appreciation and use of the talents and skills of employees of all backgrounds. So where do you see here? Do you see these definitions? Saying diversity means only underrepresented groups? Do you see equity indicating that there should be favor, that underrepresented groups should be favored, or that there should be preferences or quotas? Do you see in the conclusion anything indicating that? Part of these programs are exclusive and that if you're an ally, you can't be included. If you're part of a majority group or a group that's not underrepresented, you can't be included. No, it doesn't say that it says the opposite. And that's one key principle for setting up a Dei program, or as we're about to see, a DEIA program is to make it inclusive. Everyone's welcome, invite allies, make sure that everyone can be included. The moment you start to exclude is the moment that it can be argued that you're starting to engage in what's called a preference, which I mentioned before because you're saying you prefer certain races or genders or other protected classes in this Dei program, and you don't prefer others. And Dei programs can be a benefit of employment. You know, for example, if to be the head of a the Dei council, some companies will actually pay you to do that or give you time off of work to do that. You might get certain benefits from doing that. Well, that has to be available to everybody the moment it's only available to people of certain protected classes, you can start getting into the area where someone might say, well, you're preferring that protected class, or you're preferring that group. You want to avoid that. So D plus A, that's what I say. Add the A for accessibility. And it says down there below only about 5% of D programs include disability. And I talked about that a little bit earlier. I think the actual stat was 4%. But I've seen also other, um, article studies indicating it's around 5%. So you know, about 1 in 20 D programs include disability. It's a really low number, considering that people with disabilities have been discriminated against throughout American history, that people with disabilities have a very low labor force participation rate compared to people without disabilities, that the unemployment rate for people with disabilities is typically double the general unemployment rate, and the pay gap for people with disabilities tends to be between 20 and 40%, depending on how you measure it. People with disabilities should absolutely be included in Dei programs, and it's important that that idea of inclusion and accommodation. It's critical to the Americans with Disabilities Act, to the Rehabilitation Act. So please. At the end. Adding the A for accessibility almost requires you to include people with disabilities because the accessibility, according to the white House and the the executive order, means the design, construction, development and maintenance of facilities, information and communication technology programs and services so that all people, including people with disabilities, can fully and independently use them. Accessibility includes the provision of accommodations and modifications to ensure equal access to employment participation, activities for people with disabilities, the reduction or elimination of physical and attitudinal barriers to equitable opportunities. A commitment to ensuring that people with disabilities can independently access every outward facing and internal activity or electronic space, and the pursuit of best practices such as universal design. We're going to get into some best practices in accessibility later, but as you can see here. What accessibility means is what it says. You need to have a website that's accessible. You should definitely do that. Uh, there's a good arguments that it's legally required, certainly in certain jurisdictions. But there's an even stronger argument, a moral argument that it's the right thing to do, and that if you're gonna have a DEIA program, you should have website accessibility. I'll tell you, DOJ has come out and said they believe that website accessibility is required. So that's a big one that you should do, because the web is where so much commerce happens. And eventually maybe we're almost all commerce happens. So you want to make sure you have website accessibility. Another part of accessibility is making sure that you have an accommodation program, a centralized accommodation program where you have experts who make sure that if you need an accommodation, that you get it. Most accommodations are free. The average cost of an accommodation that has a cost is $500. You want to be a workplace that grants accommodations very broadly. Same is having programs where people with disabilities can fully participate, making sure that when you're doing a zoom meeting or a teams meeting or WebEx or any of them, that the captions can be turned on and that sort of open caption or captioning. Um, sometimes when doing, you know, broader presentations or even conferences or something like that, making sure there's an ASL interpreter, making sure that if you particularly if you know, but even more generally, because you don't always know, you have someone who's, uh, blind or low vision in the audience that you make sure you give a visual description of what's occurring to be inclusive of those individuals. Uh, for people with autism, make sure that your hiring program, that you're training so that, uh, it's understood that if someone doesn't give eye contact or needs a break or may need, um, the questions in advance that that could be because of their disability, uh, related to their autism, for example. And that doesn't necessarily mean that they wouldn't be an outstanding employee. And there's still a legal obligation to provide accessibility and accommodation. I have a daughter who has profound autism and an intellectual disability. I became a disability advocate in many ways, fighting for her in the school system and more generally in access to public accommodations, being able to enjoy all of life. And, you know, we even won a teamwork award for Melwood recently, her and I for our advocacy together. So this is something you know, I'm very proud of, but it's also something that is and is close to my heart, but it's also something that's better for business. There's so many studies that say that having a more accessible workplace leads to higher morale, um, and ultimately leads to greater productivity. Here's some more white House actions you might want to take a look at. Uh, because, you know, Dia programs are are broad. You should be inclusive, for example, of Asian Americans, Native Hawaiians, and Pacific Islanders. And you should. So there's an executive order on that. They have executive orders on other groups as well. Um, the executive orders on guaranteeing an educational environment free from discrimination on the basis of sex, including sexual orientation or gender identity, preventing and combating discrimination on the basis of gender identity or sexual orientation, advancing racial equity and support for underserved communities throughout the federal government. You know, you don't necessarily have to do these because these are not. Laws. They're not statutes. They're not even regulations. But this will show you looking at these executive orders, what the federal government is doing. A lot of times, the federal government puts a lot of time, energy and expertise into putting these together. You might get some really good ideas from them. Now let's get to the guidance. That's more. Involving legal requirements or obligations. So like the Equal Employment Opportunity Commission, they published guidance to help you comply with the law. So EOC supports diversity, equity, inclusion and accessibility initiatives. They have a list of best practices, approximately 20 of them, including promoting an inclusive culture in the workplace by fostering an environment of professionalism and respect for personal differences. Recruiting, hiring and promoting with equal employment opportunity principles in mind. By implementing practices designed to widen and diversify the pool of candidates, consider for employment openings, including openings in upper level management. There's a number. There's 20 of them. They're from the EEOC. So if someone has an issue with one of them, you can say, well, we're following the guidance from the EEOC and they're the ones responsible for enforcement of title seven. And in fact, if you ever have a complaint in front of the EEOC, it might be helpful to show them, well, wait, we don't we haven't committed disparate treatment here. Hopefully you haven't. But, you know, in terms of supporting that, you could point to these best practices. Look, we built an inclusive culture. We care about nondiscrimination. Always good to try to follow the guidance from the EEOC and CCP in that regard. With CCP also supports diversity, equity, inclusion and accessibility initiatives. They provide resources as well. I worked on many of these when I was a CCP director, and I'm proud to say they're still up there under my, um, successors. They still support this guidance. Seven sets of best practices and resources with over 40 specific best practices. Um, one of my focuses on best practices of CCP, um, included employee resource groups. So, you know, having an affinity group or employee resource group for any group that wants that, that's in the Dia umbrella. Having co leadership, which means that your CEO signs off on your Dia program or your affirmative action program and actually sends out a message to everyone encouraging participation in Dia. I'll tell you one thing. My firm does K and L gates. We actually give, uh, we we support our associates participating in DNI programs, diversity inclusion programs by, uh, crediting their hours when they participate in those programs, similar to for pro bono that many companies do have a policy like that where you credit hours for associates and for people to participate in these programs. Tell you another thing. We have a diversity. Equity. Uh, pardon me, we have a DC diversity committee. I'm the co-chair of for for our DC office. And we not only invite partners associates, we also invite allied professionals. And in fact, we have a chair, we have a co-chair who's a partner. I'm the partner co-chair. We have a co-chair who's an associate who in many ways acts as the chair. But, you know, we're all co-chairs. But I want to give her an opportunity to be in charge. You know, that's a great opportunity for her. So I'm supportive. I'm an ally. And then we have a co-chair who's an ally professional and a co-chair and business development to give more opportunities to others and to show that, you know, part of inclusion is making sure everyone has a voice and not being so concerned about hierarchy. Hierarchy, uh, because hierarchy can sometimes lead to people feeling like they can't speak in a situation or contribute their point of view. Um, have a chief diversity officer or a chief accessibility officer. Have one of those or both. Have a centralized accommodation system. These are all best practices that you'll you'll you'll see the best practice and also an explanation for why you should have one. And you could adopt all of these as part of your Dia program and point to this Ofccp guidance. So now let's get to some best of the best practices for Dia. And you know the way that I'm going to do it and the way these slides are set up so you can look at them later as well, I'm going to go through it by each letter. So I'm going to give you some best practices for diversity. I'll give you some for equity. I'll give you some for inclusion. And I'll give you some for accessibility. Let's start with diversity. Hire a chief diversity officer for your firm. A lot of firms are doing this, or have a chief DNI officer could be an attorney. It could be a professional who knows a lot about diversity and inclusion and has made that their focus of their career. But have a chief diversity officer whose responsibility is to ensure that you are promoting diversity in a legal way within your organization. You could call it the chief Dia officer. It could be a chief accessibility officer, chief inclusion officer, but make sure that part of their focus is diversity and make sure always the best practice is that that person reports to the CEO. So the CEO of your firm, the managing partner of your firm, that chief diversity officer should report directly to, not through someone else. Leader. Leadership and messaging. Leader. Leadership. I like that alliteration. The same word twice. But you know what? It means something. And it means that your leader should lead in the diversity area. That's important. If the leader puts out a message saying, look, we do need to do more outreach and recruitment. We are going to go to HBCU law schools and we're going to recruit. We are going to go to minority serving institutions. We're going to recruit. We are going to go to tribal colleges and universities. We're going to recruit. We are going to do all of this because we care to make sure to give more opportunity and that we're looking, um, we're not just focusing on for law schools, Ivy League law schools or something like that, but we're we're taking a more expansive view that's incredibly important, that messaging, that leadership, developing an affirmative action plan where supported by law. You know, a lot of companies have the right to do an affirmative action program that can support, that can support their Dia program, because part of that affirmative action program, you look at your actual diversity analytics, you look at whether you're underrepresented as to women among associates, among allied professionals, among partners. You look at if you're underrepresented as to minorities, and you do it by each minority group as well to see if that underrepresentation is there. So it's not just an overgeneralization. Oh, we need more hire, more minorities. We need to hire more women. But you're actually focused on statistics. And you can show, hey. You know, among partners, people that are interested in being a partner. The availability is, let's just say hypothetically, 55% men, 45% women, and yet we're at 80% men, 20% women. We need to do more outreach and try to address that, because obviously women are not coming here for some reason or they're leaving. Why is that? But you're not just doing that in the abstract. You're doing it because you have a specific goal that shows that the availability in the workforce is different than the representation at your own, uh, place, at your own workplace. It could be the same for, uh, allied professionals, for accountants at your law firm, for business development, uh, professionals. Look at all this information is in census data. You can get it very easily in the E01 tabulate tabulation. And you can always bring in a consultant or a law firm that does this work to help you put that together. But you can know whether you're underrepresented as to Hispanic, uh, allied professionals in the area of business development, because you can look up that statistic in your metropolitan area and nationally in the e01 tabulation, and then you can look at what your representation is based on your EEO, um, e01 information for your own company. You know, almost all companies have to do an e01 for the EEOC and report on their diversity statistics. And a lot of law firms do that for Nalp, too, for for now. So you should know this information. You can compare it to availability and determine if you're underrepresented. And once you do then you can actually set goals and take action. So consider doing an affirmative action plan. Include intersectional intersectionality in AP and trainings. So what does that what does that mean. Because there's a couple terms there. First AP needs affirmative action program. It could also mean Dere program and your trainings intersectionality. What that means is when you don't just look at each race or gender or protected class in isolation, but you recognize that people are complex and they have many identities all combined into one into their identity. So you may have someone who's a woman of color, who's straight, you may have a, uh, transgender, uh, man who is, um, African American. You may have, uh, someone who has a disability, who's a woman who is, uh, Asian American. You know, it's a variety of these intersections. One reason you need to look in intersectionality is because when you look in the area of pay, for example, you know, in pay gaps, pay gaps are larger for women of color, for example, than for women or for minorities alone. The pay gap for women and minorities, uh, when you look at them separately, is around 20%. The pay gap for women of color is close to 50%, uh, for certain groups, for Hispanic women, black women and indigenous women, close to 50%. So it's important to know that to make sure that you're fully addressing those issues in a pay equity audit, for example. Trainings. Unconscious bias training. Allyship training and sensitivity training are all critical and I would do all three of them. You know, I wouldn't leave out the allyship training. Allyship training is often focused on groups that may not be underrepresented, but it encourages them to be part of it and to support the program. And that's incredibly important to. And show that we are. We're all in this together. And that and that. We want allies. I, you know, I mentioned I'm the head of our DC diversity committee, um, the co-chair, uh, the partner co-chair. I, um, self-identify as having a disability. I'm also an ally to our women attorneys and to our women ally professionals, to our LGBTQ plus attorneys and allied professionals to our veterans. You know, I'm I'm going to be an ally for all those groups because I recognize that we're all in this together, and discrimination hurts everyone. Okay. Diversity continue. Unconscious bias training should be comprehensive. What do I mean by that? Don't just generally say unconscious bias involves the human condition. And these biases we may not be aware of, but that could impact our decisions. And so we need to learn about them. But talk about the different types of cognitive biases that can contribute to unconscious bias, including anchoring bias, availability bias, confirmation bias, affinity bias, stereotypes, and stigmas. I'm not doing it. Unconscious bias training today, so I won't get into each of them because I could speak for 5 or 10 minutes about each. But look them up and you'll see that each is different. Affinity bias is a big one. I'll mention that one because in situations where you have a significant overrepresentation or underrepresentation of a group, you may have affinity bias in play. Um, you know, one example that sometimes used for, for organizations which are predominantly male. Um, let's say, for example, you have a lot of late night dinners where, you know, a lot of the male attorneys go to or maybe you have a golfing outing on the weekend. Um, you know, women play golf, women go to late night dinners to and some may. But the point is that they also may be underrepresented. And, you know, part of that may be because women are more likely to have caregiving responsibilities. So it may not be able to stay out as late or may not be able to go play golf on the weekend or whatever it may be as easily. There may be a disparate impact in those policies, and that's about affinity bias, because if you ask. The the male partner who's setting this up. They may not have even thought of that because they may not be a caregiver. Men can be caregivers, too, you know. That would be a stereotype to say men aren't, but that. But men are less likely to be caregivers, primary caregivers than women. So you can have a disparate impact if people aren't thinking about that. I'm a caregiver. I have a daughter with profound autism. Uh, so I think about that all the time. And I'm a big parental leave advocate. But you want everyone thinking about those things and you want to avoid affinity bias. Employee resource groups and affinity groups provide resources and allow participation by allies. That's that's really important. If someone wants to do an affinity group, support that affinity group. Hbcu, TCU, MSI initiatives. I already mentioned those. Tcu means tribal colleges and universities, MSI minority serving institutions, HBCUs, historically black colleges and universities. But you should you should have those initiatives. Coordination between general counsel, dye department and affirmative action. Eeo air talked about that at the beginning. Correct that support employee membership and national affinity groups and organizations like the NAACP, the National LGBTQ Plus Bar Association, the Cuban American Bar Association. I mentioned that because I'm from Florida and I'm a member of the Cuban American Bar Association. Uh, and my wife is Cuban, uh, tribal vocational rehabilitation agencies, etc. there's a lot of them, uh, encourage people to do them. The Hispanic National Bar Association is another example. That's when I'm involved with two. And by the way, I'm involved as an ally. I'm not myself Hispanic or Cuban, but my wife is, my kids are. And when I was in Miami, I was very involved with the Cuban community, uh, which was very predominant in Miami and the Hispanic community. And I'm an ally, and I support that group. And so I participate, and I've always been welcomed. So let people do that, let people participate. Equity. It's a big one. Conduct annual pay equity self audit. If there was one thing I would really tell you to do out of all these things, conduct that annual pay equity self out. Because what you'll find is there are often pay disparities based on race and gender if you haven't been doing it. And that can really benefit people. To get that higher pay makes it more likely you'll retain them, and people will feel happier because they won't feel they're being discriminated against or exploited or not receiving the same pay as their peers of other races and genders. So you want to make sure that you're doing that annual pay equity self audit. Follow the gold standard. You may say, why do I call it the gold standard? Well, I was the one who issued this directive. So, you know, maybe I'm being a little biased here. True. But I will tell you something. Ofccp directive 2018 zero five, which I issued when I was director and I did that with my career staff and the economists there. My successor endorsed it and my successor was of a different party and a different administration. She endorsed it and she issued Ofccp directive 2020 201 revision one, which even expands on it. And I support this directive. I think you absolutely should do both directives. This is a bipartisan issue. Pay equity. Take a look at these two. It's the best out there. No other agency has so extensively explained how to do a pay equity audit, how to form pay analysis groups, what to control for what to do when you find a disparity, what disparities can be explained by a legitimate factor? What can't then these two directives. I highly recommend this to you. Take a look at it and let me tell you, I'm very proud that I was part of this because pay equity is a critical issue for companies. Now, you know, most of you, I believe, are lawyers listening to this, the largest area of latent liability, in my opinion, in the United States, for our clients, for companies, for um organizations, for businesses, for law firms is pay equity. Pay discrimination systemic. You do not want disparities. So you want to be running regression analysis annually. You want to be addressing pay disparities annually, and that will announce a prevention is worth a pound of cure. It will make your workforce happier, and at the same time, it will significantly limit your liability. You know, as part of equity. You also want to do testimonials and how employees have been impacted by discrimination and what can be done to enhance equity. Assess your, you know, one big thing, particularly for law firms that are more like free agents, where you give out assignments to associates based on a free agent type process. Assess your assignment process to ensure that women and men are are both able to get good assignments, that minorities are able to get good assignments. Have some centralized component to it. Assess benefits to allow for work life balance and possibility of advancement. One big focus I had as CCP director and I've had throughout my career is equitable and sufficient parental leave and family leave policies. You want it to be equitable, which means that men and women are treated the same. You can't treat men less or worse than women. You got to give them the same opportunity to take parental leave for the same length of time. Anything else is discriminatory and ofccp and the EEOC will get you for that if they find out about it. It's been a focus. So equitable parental leave. And that also means practically letting men take the lead. Sufficient parental leave. So disparate treatment when it comes to parental leave often involves discrimination against men based on stereotypes that men are not, uh, primary caregivers when many are. Two sufficient parental leave because women are still more likely to be primary caregivers. If you don't have sufficient parental leave policies, it can lead to a disparate impact against women in the workplace. And that can in part explain some of these disparities we see. Of the 8020 split between men and women in these higher level executive positions. So you want equitable and sufficient parental leave and family leave policies. Conclusion. This is a big one. And, you know, I've told companies, you know, companies that because of the Supreme Court decision have been concerned about diversity and equity programs. You know, I told them, you know, as I mentioned here, that you don't need to be that concerned as long as you don't have preferences or quotas, that you still should be doing these. But I've also told some them, you know what? If you're really concerned, call it an inclusion program. Everyone believes in inclusion. Inclusion is inclusive. And you know what? If you have underrepresented groups and you don't have a diverse workplace, then you need to include those underrepresented groups and you need to eliminate barriers to their inclusion. And you're still achieving Dia through inclusion. So have inclusive and confidential self-identification programs. What I mean by that is so for people with disabilities, Ofccp requires you to give them the opportunity to self-identify, uh, for race and gender. There's the opportunity to self-identify, uh, for the e-01. You should encourage self identification. It's still voluntary, but you should want to make a situation where people feel comfortable self-identifying. Establish diversity and inclusion programs. Um, disability inclusion programs are very important. Neurodiversity at work programs. Uh, I've done a whole presentation for for Quimbee on neurodiversity and non-apparent, uh, disabilities and including people with neuro who are neurodivergent, who have non-apparent disability, as well as any disability, um, in the workplace, and the importance of neurodiversity in the workplace program. So, you know, maybe watch that. But but the point is, you should have programs like that. Gender neutral restrooms allow for easy employee feedback on Dei initiatives or Dia initiatives include all protected protected classes in your Dia programs. Encourage programming that celebrates commemorative events like Black History Month, Women's History Month, LGBTQ Plus Pride Month, National Disability Employment Awareness Month, National Hispanic Heritage Month, Asian American, Native Hawaiian and Pacific Islander Heritage Month, and many more. Be inclusive. Accessibility. At the A have a chief accessibility officer. One thing I'm very proud of about the city of Coral Gables, where I used to be city attorney, is that they have a chief accessibility officer. They did that. I've been a big advocate for having chief accessibility officers. I've been advocating that the white House have a chief accessibility officer or a chief accessibility officer of the United States. I know, and I presented with Stephanie Kunju, who is the chief accessibility officer of Canada. Many of the top organizations in disability inclusion have a chief accessibility officer. So consider having one and have that person report to the CEO. Just like with the chief diversity officer, have a centralized accommodation system. One of the areas where where employers often make mistakes is in not granting an accommodation that should be granted. The EEOC has said that the second most common complaint that's filed is disability discrimination, often because of a failure to accommodate. The first, most common is retaliation. So putting aside retaliation and looking at all the protected classes, the most common complaint is disability. So have a centralized accommodation system. Where companies often go wrong is they leave it up to the supervisor whether they're granted an accommodation or not. Supervisors may have different views on disability inclusion. Some of them may not have views that are consistent with the law. They may even view an accommodation as special treatment, which it's not. It's equal treatment. But you might hear them say that they may not have been trained sufficiently. You don't want that individual making a decision that could impact this person's entire life, and whether they'll be able to be successful in your organization. What you want is now the supervisor can be involved because the supervisor has to supervise that individual. But you want experts making this decision. You want a centralized system. You want to treat people fairly. You want to make sure you budget for it so there's not an undue hardship. And you want to follow the guidance from the Office of Disability Employment Policy, which says that most accommodations are free and 50% about, pardon me, the average cost. Of an accommodation that has a cost is $500, which is a drop in the bucket when you're talking about someone's career. So have a centralized accommodation system, have a disability employee resource group. Have mental health initiatives, including the Mental Health Toolkit. This is really important in the legal field. There was a study a number of years ago that said 60% of attorneys at some point in their career would have depression or anxiety. Those are disabilities. Now if you look at the NLP survey, it says that only about 0.5% of attorneys have a disability. When you have this other study that indicates that maybe 60% have a mental health disability or a psychiatric disability at some point in their career. But there's such a stigma sometimes to disclosing that and getting support. A lot of people won't say it, which means they don't get their the support, they don't get the accommodations they need necessarily. And that's a shame. We want to build a workplace where people feel like they can identify they have a disability and get whatever support they need. You want to encourage them. Uh, also, I should note that anxiety and depression are also considered to be under the neurodiversity umbrella along with autism, ADHD, dyslexia, dyspraxia, learning disabilities, a number of other disabilities, intellectual disabilities. So, you know you want to have a neurodiversity in the workplace program. Again accessible website again major focus by us DOJ. Take a look at this link. Have a Braille business card. I have a Braille business card. And let me tell you, when I come up to someone who has a, um, a vision disability, who has, uh, who's, who's blind or low vision, and they, they get the braille business card. They appreciate it every they're always, every time I've given it to someone in that situation with that disability, they've appreciated it. But I'll tell you something else. Every time I give out the card, I get a comment like, oh, you have a Braille business card. That's really interesting. That's really cool. And I mentioned that I'm an accessibility advocate and that I want to have an accessible card. And it gets people to think about accessibility. So think about having a Braille business cards easy process for requesting accommodations. Try not to make it legalistic. Make it as easy as possible, and try to grant them as a matter of course, and commitment to universal design principles. The idea that, you know, sometimes you shouldn't have to request an accommodation. Anyone who wants to get a standing desk or to get a standing desk, anyone who wants an ergonomic chair should be able to get an ergonomic chair that a lot of these accessibility features help everybody. Captioning helps like, yes, it helps. You know, captioning of course helps someone who has difficulty hearing, who has a disability, a hearing disability such as, uh, being deaf or hard of hearing. But even if in a given situation, you're just having difficulty hearing because the person's not speaking that loud or because the person maybe has an accent and it's hard for you to hear, instead of having to call them out several times, asking them to speak clearer. You could read the captioning, and that could be a more inclusive way to address it. Those those are principles of universal design, and that's something that you should research and look at as part of an accessibility program. So what's my conclusion? The final takeaways. Law firms and organizations should proactively pursue Dia programs. I think I think you got that point. Strongly support that both before the Supreme Court affirmative action decision and after. This is something that should be part of who you are as a law firm or an organization. Law firms should help their clients create Dia programs and support them, but do it in a way that's legal. Don't stop them from doing it, because that actually can lead to liability in other areas, uh, for because of discrimination or building non-inclusive environments or not in non accommodating environments. Dia programs, in my view, reduce liability. They're also the right thing to do to increase productivity and morale. So support them for your client, but just support them in a way that's legal. Coordinate and involve council in putting together your Dia program. Don't just have the DNI Division, Diversity and Inclusion or Dia division put it together and not tell anybody until it's issued and then it's released. And then all of a sudden legal counsel is trying to catch up. Involve them from the beginning. Innovate and adopt best practices. Look at the best practices that the EEOC and the Department of Labor of CCP have on their website. Stay within the bounds of the law. That's really important because you want these programs to be successful and demonstrate commitment to diversity, equity, inclusion and accessibility for all protected classes and ultimately every employee and everything you do as part of your mission. Thank you again for being here today and to listening to this. It's such a critical topic. Thank you to Quimbee for having me. Have a wonderful day.

Presenter(s)

CL
Craig Leen
Partner
K&L Gates

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                                                                                                          Credits
                                                                                                            Available until
                                                                                                            Status
                                                                                                            Pending
                                                                                                            Credits
                                                                                                            • 1.0 general
                                                                                                            Available until

                                                                                                            December 31, 2026 at 11:59PM HST

                                                                                                            Status
                                                                                                            Self Apply
                                                                                                            Credits
                                                                                                              Available until
                                                                                                              Status
                                                                                                              Not Offered
                                                                                                              Credits
                                                                                                                Available until
                                                                                                                Status
                                                                                                                Not Offered
                                                                                                                Credits
                                                                                                                  Available until
                                                                                                                  Status
                                                                                                                  Not Offered
                                                                                                                  Credits
                                                                                                                  • 1.0 elimination of bias
                                                                                                                  Available until

                                                                                                                  February 16, 2026 at 11:59PM HST

                                                                                                                  Status
                                                                                                                  Approved
                                                                                                                  Credits
                                                                                                                    Available until
                                                                                                                    Status
                                                                                                                    Pending
                                                                                                                    Credits
                                                                                                                    • 1.0 general
                                                                                                                    Available until

                                                                                                                    February 6, 2026 at 11:59PM HST

                                                                                                                    Status
                                                                                                                    Available
                                                                                                                    Credits
                                                                                                                      Available until
                                                                                                                      Status
                                                                                                                      Pending
                                                                                                                      Credits
                                                                                                                        Available until
                                                                                                                        Status
                                                                                                                        Pending
                                                                                                                        Credits
                                                                                                                          Available until
                                                                                                                          Status
                                                                                                                          Pending
                                                                                                                          Credits
                                                                                                                          • 1.0 general
                                                                                                                          Available until

                                                                                                                          February 6, 2026 at 11:59PM HST

                                                                                                                          Status
                                                                                                                          Available
                                                                                                                          Credits
                                                                                                                            Available until
                                                                                                                            Status
                                                                                                                            Pending
                                                                                                                            Credits
                                                                                                                              Available until
                                                                                                                              Status
                                                                                                                              Pending
                                                                                                                              Credits
                                                                                                                              • 1.0 diversity
                                                                                                                              Available until

                                                                                                                              February 6, 2026 at 11:59PM HST

                                                                                                                              Status
                                                                                                                              Available
                                                                                                                              Credits
                                                                                                                                Available until
                                                                                                                                Status
                                                                                                                                Pending
                                                                                                                                Credits
                                                                                                                                • 1.0 diversity, inclusion, and elimination of bias
                                                                                                                                Available until

                                                                                                                                February 6, 2026 at 11:59PM HST

                                                                                                                                Status
                                                                                                                                Available
                                                                                                                                Credits
                                                                                                                                  Available until
                                                                                                                                  Status
                                                                                                                                  Pending
                                                                                                                                  Credits
                                                                                                                                    Available until
                                                                                                                                    Status
                                                                                                                                    Pending
                                                                                                                                    Credits
                                                                                                                                      Available until
                                                                                                                                      Status
                                                                                                                                      Pending
                                                                                                                                      Credits
                                                                                                                                        Available until
                                                                                                                                        Status
                                                                                                                                        Pending
                                                                                                                                        Credits
                                                                                                                                          Available until
                                                                                                                                          Status
                                                                                                                                          Pending
                                                                                                                                          Credits
                                                                                                                                            Available until
                                                                                                                                            Status
                                                                                                                                            Pending
                                                                                                                                            Credits
                                                                                                                                              Available until
                                                                                                                                              Status
                                                                                                                                              Pending
                                                                                                                                              Credits
                                                                                                                                                Available until
                                                                                                                                                Status
                                                                                                                                                Not Offered
                                                                                                                                                Credits
                                                                                                                                                  Available until
                                                                                                                                                  Status
                                                                                                                                                  Pending
                                                                                                                                                  Credits
                                                                                                                                                    Available until
                                                                                                                                                    Status
                                                                                                                                                    Pending
                                                                                                                                                    Credits
                                                                                                                                                      Available until
                                                                                                                                                      Status
                                                                                                                                                      Pending
                                                                                                                                                      Credits
                                                                                                                                                      • 1.0 diversity and inclusion
                                                                                                                                                      Available until

                                                                                                                                                      February 6, 2026 at 11:59PM HST

                                                                                                                                                      Status
                                                                                                                                                      Approved
                                                                                                                                                      Credits
                                                                                                                                                        Available until
                                                                                                                                                        Status
                                                                                                                                                        Not Eligible
                                                                                                                                                        Credits
                                                                                                                                                        • 1.0 general
                                                                                                                                                        Available until

                                                                                                                                                        February 6, 2026 at 11:59PM HST

                                                                                                                                                        Status
                                                                                                                                                        Approved
                                                                                                                                                        Credits
                                                                                                                                                        • 1.0 equity
                                                                                                                                                        Available until

                                                                                                                                                        January 31, 2029 at 11:59PM HST

                                                                                                                                                        Status
                                                                                                                                                        Approved
                                                                                                                                                        Credits
                                                                                                                                                          Available until
                                                                                                                                                          Status
                                                                                                                                                          Not Eligible
                                                                                                                                                          Credits
                                                                                                                                                            Available until
                                                                                                                                                            Status
                                                                                                                                                            Not Eligible
                                                                                                                                                            Credits
                                                                                                                                                              Available until
                                                                                                                                                              Status
                                                                                                                                                              Pending

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