Diversity Becomes Hard Sell, Is It Even Legal - Meanwhile UAW Can Redefine "Right Thing to Do"

 With so much legal, political, economic and public opinion change - frequently abrupt - it's difficult to figure out the "right thing to do." All that ESG intensity is mutating into a return to old-line capitalism, that is, one-dimensional focus on maxing return to shareholders.

A sign of the new times is that diversity no longer signals a progressive value in business or higher education. Or might even be legal. Last June, as you recall, SCOTUS ruled against race-conscious admissions. 

Shifts and the confusion those create provide fresh opportunities. Large law firms are no slouches at spotting them and developing new practices. The most recent to do that is Paul Weiss, which also had been a prime mover in ESG guidance for business. Heading a new practice to guide business about diversity will be Loretta Lynch, Jeh Johnson and Brad Karp. The latter chairs the firm, embedding the practice with the aura of power. 

Meanwhile, business would be wise to conjure up a lexicon to refer to matters of supposed equity. "Diversity" has acquired too many ambiguous connotations. 

In addition, that whole equity playing field is being reconfigured by the born-again labor movement. UAW leader Shawn Fain could pull off what ESG activists had been trying to accomplish for a while now. Given this development, law firms such as Paul Weiss could also beef up their employment practices.  There is increasing chatter on professional anonymous networks about the unionizing of Knowledge Workers. Generative AI could accelerate that disruption. 

I help with all your communications. That ranges from coaching to strategy and research to writing and editing. Complimentary consultation. Please contact Jane Genova at 203-468-8579 (texting and phone) and janegenova374@gmail.com.


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