The Danger of Rolling Back DEI in GB - an Analysis by Caspar Glyn KC and Olivia-Faith Dobbie
Image of Caspar Glyn KC and Olivia-Faith Dobbie
Cloisters’ Caspar Glyn KC and Olivia Faith-Dobbie have recently produced a paper analysing the impact of Trump’s DEI rollback on businesses in Great Britain.
The document emphasises the legal coherence of GB's current DEI framework, and the potential legal risks involved. Key topics covered in the paper include:
Impact of US Policy Changes: The US administration's rollback of DEI initiatives could create uncertainty for GB employers, but GB equality law remains unchanged.
Differences in Legal Frameworks: The legal systems in the US and GB differ significantly. US ‘affirmative action’ and GB ‘positive action’ have historically been very different in practice, with GB law having always prohibited race-conscious recruitment and promotion practices.
US Supreme Court Cases: Key US Supreme Court cases, such as Bakke and SFFA v. Harvard, illustrate the evolving legal landscape in the US around affirmative action, which brings the principles closer in line with the approach that has always been followed under GB law.
Legal Risks for GB Employers: Blindly rolling back DEI policies purely because Trump is rolling back US initiatives could increase legal risks for GB employers.
Importance of DEI Policies: Thoughtful DEI policies drafted in accordance with the Equality Act 2010 not only comply with legal requirements here but also enhance workplace diversity, employee retention, and overall business performance.
The paper has attracted attention from the likes of The Guardian and The Times, both of which have published articles based on Caspar and Olivia’s analysis. To read the articles, as well as Caspar and Olivia’s paper in full, click the links below:
