Deena Merlen Interviewed by Vogue Business About DEI Rollbacks and Backlash

As civil rights activists recently called on consumers to mount a one-day boycott of Target in late February, Vogue Business asked, “Is a consumer boycott brewing in the US?”  That question has been squarely answered as calls for such boycotts have multiplied in protest of companies retreating from their diversity, equity, inclusion and accessibility (“DEIA”) policies.  A seven-day boycott against Amazon is currently in progress, as is a new 40-day boycott of Target, among others.

In examining the consumer backlash against retailers over DEIA, Vogue Business reached out to RPJ’s Deena R. Merlen for insights.  Ms. Merlen, who is chair of the Fairfield County Bar Association’s diversity law committee, warns against conflating DEIA principles with unlawful hiring preferences.  “There seems to be some confusion now as to what merit means and what DEI means,” she observes. “Discrimination was illegal, and it is still illegal,” but “diversity, equity, inclusion, and accessibility are not illegal.”  While acknowledging that DEI-related boycotts may not have a significant economic impact, she highlights that such mass actions also provide a means “to get people talking and, hopefully, through that process, get them to understand that DEI is not code for discrimination.”

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This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Deena R. Merlen, who counsels clients in areas of employment and labor law, intellectual property, media and entertainment, general business law, commercial transactions and dispute resolution. Ms. Merlen is admitted to practice law in Connecticut and New York.