The concept of a chief diversity officer (“CDO”) has in recent years expanded to the point where it has become an established leadership position within many Fortune 1000 companies. And now with the legal implications of some CDO decisions and strategies becoming more publicly recognized, it is clear that the successful pursuit of the CDO's important agenda will be enhanced by close cooperation and coordination with the general counsel (“GC”).

The company's board of directors may ask the CEO to facilitate this coordination through a formal process that clarifies roles and board expectations regarding reporting relationships. This process could be patterned on similar protocols between the GC and other senior officers that exist in many corporations. It would also be complementary with related board efforts to provide appropriate workforce protection for the CDO (and other key officers).

The CDO's Role