DE&I

Three anti-DE&I lawsuits were recently dismissed

The courts found the plaintiffs were unable to prove the DE&I initiatives caused harm.
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As the debate over the legality of DE&I efforts continues, and more states consider legislative action, some courts are issuing decisions, handing DE&I initiatives three victories in May.

Amazon. A lawsuit filed against Amazon by a group of white entrepreneurs who claimed its Diversity Grant program—which provides minority entrepreneurs $10,000 grants to become “delivery service partners”—discriminates against white-owned businesses was dismissed on May 23, Bloomberg Law reported.

The judge for the US District Court in Southern California found that the group did not establish grounds for discrimination as the plaintiffs did not imply for the program themselves.

Hello Alice. America First Legal (AFL) sued the fintech company in Ohio after the Supreme Court’s 2023 decision on affirmative action, claiming that its DE&I practice of providing grants to entrepreneurs from underrepresented groups was unlawful. But the lawsuit was ultimately dismissed on May 28, according to a press release.

The judge determined that AFL did not prove the organization caused any harm. AFL told Fortune it intends to appeal the decision.

New York University. AFL’s lawsuit against NYU Law Review, which alleged its membership practices were biased against white men, was dismissed on May 30, according to Bloomberg Law.

“Although the Law Review considered sex, race, gender identity, or sexual orientation before the Supreme Court’s decision in SFFA, nothing about this practice was unlawful,” Judge Vernon Broderick said in the ruling.

Zoom out. Courts are still considering several other DE&I-related cases, including AFL’s suit against IBM’s Red Hat.

Outcomes aside, the suits have impacted how some companies approach DE&I. In March, Starbucks removed a pay structure that tied 7.5% of an executive’s bonus to DE&I after a suit against the company’s diversity practices was dismissed, HR Brew previously reported. Other companies, including PwC, Pfizer, and Perkins Coie, have removed language about underrepresented groups from fellowship and internship advertisements and applications.

Quick-to-read HR news & insights

From recruiting and retention to company culture and the latest in HR tech, HR Brew delivers up-to-date industry news and tips to help HR pros stay nimble in today’s fast-changing business environment.