Legal and Regulatory Update on Business Diversity Programs: How Did We Get Here and Where Are We Going?

The program will discuss the evolving legal standards for public programs and private initiatives to increase the inclusion of disadvantaged, minority, women, and other diverse firms.  While these programs have existed for decades, recent federal judicial decisions suggest the landscape is rapidly changing.  The US Department of Transportation has also issued new rules for the Disadvantaged Business Enterprise program.  This course will describe the Equal Protection standards applicable to these programs; recent opinions on challenges to these programs; and the major components of the revised DBE program.  It will offer tips for counsel and program officers, as well as ways to pivot to address the new realities.

Learning Objectives:

1. Review the standards applicable to race- and gender-conscious business diversity program
2. Identify important changes to federal regulations
3. Evaluate existing programs and recognize risks
4. Develop possible strategies to maximize outcomes