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"I wish I could say that racism and prejudice were only distant memories … We must dissent from the indifference. We must dissent from the apathy. We must dissent from the fear, the hatred and the mistrust … We must dissent because America can do better, because America has no choice but to do better." — Justice Thurgood Marshall
Workplace discrimination is prohibited by Title VII of the Civil Rights Act of 1964. Notwithstanding this federal law, the underlying jurisprudence applying it, and its state and local analogues, fair and equitable treatment of employees remains elusive for many organizations. According to a 2019 Glassdoor survey, 61% of U.S. employees reported that they have witnessed or experienced workplace discrimination, and stark racial and gender disparities in professional advancement persist at every level in every major industry. Furthermore, evidence suggests that some of the most common interventions to promote diversity do not work as intended. See, Frank Dobbin and Alexandra Kalev, "Why Diversity Programs Fail," Harvard Bus. Rev., (Jul-Aug. 2016).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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