Many companies stepped up their diversity, equity, and inclusion (DEI) programs in recent years after pressure from shareholders and proxy advisory firms. Some of these efforts were a well-intentioned response to racially charged events such as the murder of George Floyd by a Minneapolis police officer in 2020.

Unfortunately, DEI efforts at some companies were overzealous to the extent they could be viewed as giving a discriminatory preference to a particular minority or group, as Shawe Rosenthal lawyer Fiona Ong recalled about one particularly egregious case.

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