Law360 | Employment Authority recently quoted Akerman Labor and Employment partner Mishell Parreno Taylor on 2023 U.S. Supreme Court decisions dealing with affirmative action and other contentious issues. She said a lack of federal standards makes it hard for employers to navigate varied and conflicting state laws.
"I think having some maybe … more consistent clarity" would be useful, particularly for her national clients, she said. "What I think would be helpful would be having some consistent legislation so that employers can navigate this a little bit more consistently across different states," she said. "I would say just maybe updating at the federal level, perhaps. Obviously we're going to still see a response at the state level, but perhaps some consistency."
Parreno Taylor, who practices in California and Texas, said that even before the high court's affirmative action decision came down, employers were treading carefully on DEI in an intense political and social landscape. She said she's seen not only an increase in more typical charges of discrimination and retaliation but also an uptick in so-called "reverse discrimination" suits, or suits by people who allege they faced race bias because they're white.