Case Law Likely Undercuts DOL's Microsoft Diversity Probe

Law360 (October 15, 2020, 1:09 PM EDT) -- In June, amid continuing national conversations about race and racism in the U.S., Microsoft Corp. announced that it was launching a diversity initiative to promote more Black employees to manager- and executive-level positions over the next five years.

Presumably, Microsoft seeks to increase diversity in its management ranks and to rectify historic racial disparities. I would venture that most people would agree that these are laudable goals.

In the area of "no good deed goes unpunished," the Trump administration quickly pounced, starting an investigation into whether Microsoft's diversity initiative violates Title VII of the Civil Rights Act. The Office of Federal...

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