Specialty

Civil Rights Compliance

Design and implement tailored civil rights compliance strategies that advance equity and mitigate risk.

At Foley Hoag, we are passionate about helping our clients achieve their goals while navigating the complex and rapidly evolving civil rights and equal opportunity landscape. We understand that building inclusive, equitable organizations is both a strategic priority and a legal imperative. We also know that civil rights compliance is not a one-size-fits-all solution but a tailored and holistic approach that requires innovation, alignment, and accountability at all levels of the organization.

Our Civil Rights Compliance practice advises on the full spectrum of federal, state, and local civil rights requirements, including equal employment opportunity laws, public accommodations and accessibility mandates, and nondiscrimination obligations for recipients of federal funding. 

We support clients at every stage of the compliance lifecycle. This includes risk assessments and program design; audits and impact reviews; governance structures and board reporting; policy drafting and rollout; training for leadership and staff; monitoring, metrics, and remediation; and communications to internal and external stakeholders. We conduct privileged investigations and assessments of workplace practices, hiring and promotion systems, algorithmic tools, supplier diversity programs, and accessibility, with a focus on identifying and addressing disparate impact, bias, and systemic risk. When issues arise, we respond to and resolve inquiries from regulators and enforcement agencies—including EEOC, DOJ, OFCCP, and OCR—manage internal investigations, and defend against civil litigation, administrative charges, and class actions.

Our team is composed of diverse and multi-disciplinary lawyers and compliance professionals who understand the legal, operational, and cultural issues that affect your organization and your stakeholders. We bring deep experience advising boards, senior leadership, and implementation teams, and we leverage our own commitment and leadership in advancing equity to deliver practical, privileged counsel that balances risk, mission, and measurable outcomes. Whether you seek to build a comprehensive compliance program, modernize existing policies and practices, respond to an enforcement action or investigation, or defend against litigation, we provide integrated, end-to-end support to help you meet your obligations and strengthen your organization. 
 

Areas of Focus

Our cross-disciplinary group provides proactive and privileged counsel and consulting on a variety of issues including:
  • Investigations
    • Internal Workplace Investigations
    • Independent Investigations
    • Translating Investigative Results Into Broader DE&I Efforts
  • Assessments
    • Racial Equity Assessments
    • Pay Equity Analysis
    • Corporate Equity Assessment
  • Counseling
    • Gap Analysis and Recommendations
    • Review Recruiting Practices
    • Benchmarking Opportunities 
    • Mission Statement and Policy Drafting
    • Disclosure for Public Filings and Communications with Investors
  • Education
    • Race-Conscious Admissions and Hiring
    • Designing and Implementing DE&I Statements and Goals
    • Civil Rights/Title IX Compliance
  • Labor & Employment
    • Drafting and Assessment of Workplace DE&I Policies, Including Recruitment and Hiring Policies and Practices
    • EEO Law Compliance Review
    • Counseling on Hiring, Promotion and Termination Decisions
    • Employee Handbook Review and Drafting
    • Defense of Discrimination Claims Related to DE&I Efforts
  • Strategic DE&I Consulting Services 
    • Our consulting team partners with organizations to design and implement impactful DE&I programs that foster inclusion, equity, and long-term growth. Our strategic DE&I consulting services include:
      • Workplace Culture Assessments and Policy Reviews
      • Strategy Design and Action Planning 
      • Employee Engagement Initiatives and Communications
      • DE&I Training and Education 
      • Crisis Management & Resolutions 
      • Leadership Coaching Services
Resource Center

FEDERAL ACTIONS: STAYING INFORMED

As we navigate the changes in Washington, our team of legal professionals stands ready to help your organization anticipate and adapt to evolving federal policies, market dynamics and state and local updates. Visit our Federal Actions Resource Center to stay up-to-date.

Experience

  • Developed and delivered customized DE&I learning programs for a leading portfolio of iconic American fashion brands for all store associates across the United States 
  • Conducted internal investigation and advised Board of Directors at public-facing institution concerning social-media complaint of racial discrimination; advised on issues of public relations concerns; drafted internal complaints and investigations policies.
  • Conducted internal investigation into allegations of discrimination and retaliation at higher educational institution and advised on management and governance matters.
  • Advise colleges, universities, and secondary schools on admission and recruitment policies, including assisting clients to consider proactive changes to existing practices following oral argument in SFFA v. Harvard and SFFA v. UNC. Filed amicus brief with the U.S. Supreme Court on behalf of AALDEF in Fisher I and Fisher II, successive cases challenging the undergraduate admissions program of the University of Texas. The brief in Fisher II was cited in the Court’s majority opinion.
  • Conducted independent investigation for secondary schools related to high-profile allegations of race discrimination at an athletic event.
  • Conduct a human rights impact assessment for a technology company relating to the impact of advanced technologies on BIPOC communities.