Admittedly, I’ve often felt a bit strange, if not unwelcome, at Juneteenth celebrations. I didn’t understand its significance beyond a historical date until this year, when I began researching ways employers could still celebrate it. That is what I will address in this post.
Historical Significance
Now a federal holiday in the United States, Juneteenth is observed on June 19th. It marks a profound moment in American history: the emancipation of enslaved people in Texas. Notably, they were not aware of their freedom until 1865–two and a half years after the Emancipation Proclamation was signed. Juneteenth is more than a historical date or a celebration of black communities. It symbolizes the ongoing pursuit of equity and freedom for everyone.
This is an important lesson. Yet private employers have been nervous about acknowledging Juneteenth this year because of the Executive Orders (EOs) and state laws banning Diversity, Equity, and Inclusion (DEI) programs. Although the EOs primarily target government entities and their contractors, private companies are afraid of criminal investigations for “promoting DEI.”
The Effect of the Executive Orders
The EOs aim to curb certain DEI initiatives, primarily impacting federal hiring, public employers, and contractors. These EOs have limited direct impact on private sector employers who are not federal contractors. The Attorney General clarified that EO 14173 does not prohibit educational, cultural, or historical observances that celebrate diversity or recognize historical events. This provides a clear pathway for private employers to acknowledge Juneteenth. The key is to distinguish between unlawful preferential practices and universally beneficial initiatives that enhance workplace culture.
Additionally, the Equal Employment Opportunity Commission (EEOC) emphasizes that DEI programs are not inherently unlawful. They become problematic only if they involve employment actions motivated by a protected characteristic (e.g., race, sex) or if they create quotas. Title VII of the Civil Rights Act of 1964 remains the bedrock of anti-discrimination law, prohibiting employment decisions based on protected characteristics for all individuals.
Avoid Illegal and Divisive Practices
In the Ames case, the Supreme Court of the United States (SCOTUS) ruled there is no higher burden of proof for workplace discrimination complaints from white or cisgender individuals. This aligns with its reasoning in Bostock, which held that employment decisions based on sex are illegal under Title VII. An inclusive workplace cannot exist if employees are excluded based on a protected characteristic. Here are some practices that could be deemed non-inclusive, illegal, or divisive:
Illegal Practices
- Quotas and Preferential Treatment. When employers set numerical targets or “quotas” for hiring or promoting candidates based on protected traits, they violate anti-discrimination laws. You can still expand your search to historically black colleges and universities (HBCUs) and other marginalized communities, but don’t rank candidates based on protected characteristics.
- Discriminatory Employment Actions. Overt discrimination in hiring, firing, promotions, or pay based on protected characteristics is still illegal, despite what we might see from government leaders or in mainstream and social media. It’s like your mom probably asked, “If everyone else were jumping off a building, would you?”
- Exclusion from Opportunities. Denying access to professional development, mentorship, or other employment opportunities based on protected characteristics is also still illegal. Wise employers collect objective data and assess their workplace practices for compliance before there is a lawsuit.
- Exclusionary Group Membership. Employee Resource Group (ERG) membership must be open to all employees. ERG leaders should be trained to recognize their hidden biases and ensure the groups provide welcoming, learning environments.
Divisive Practices
- Politicized Training Content. Training that uses negative, generalized language about any group based on a protected characteristic like race, color, sex, national origin, religion, age, or disability.
- Superficial Acknowledgments. Performative observances of holidays such as Juneteenth that lack genuine commitment or substantive action. When in doubt, look to the reasoning behind the federal holiday for guidance.
- Abrupt DEI Rollbacks. Scaling back DEI efforts without transparent explanation can be perceived as a return to the days before the Civil Rights Movement, which can make employees fearful and combative.
Meaningful and Legally Compliant Juneteenth Observances
Here’s how private employers can genuinely honor Juneteenth:
- Paid Time Off and Floating Holidays. Although you are not required to offer Juneteenth as a paid holiday, you can offer it as one or as a “floating holiday” of personal significance that employees can choose from.
- Educational Initiatives:
- Share historical resources through email, posters, and other internal communication channels.
- Organize “lunch-and-learn” sessions or workshops on Juneteenth’s significance.
- Encourage or organize visits to local history museums for more information.
- Inclusive Workplace Celebrations:
- Decorate offices with Juneteenth colors and symbols.
- Focus on education and what your workplace can implement to improve communication, ensure rules are applied fairly, and everyone has equal opportunity to succeed.
- Leverage ERGs for events, ensuring membership is open to all employees.
Beyond Juneteenth
To avoid legal scrutiny, employers should prioritize universal inclusion and shift their focus from potentially divisive, identity-specific DEI:
- Foster Psychological Safety. Psychological safety boosts engagement, productivity, and collaboration. It also reduces turnover risks and sick days. Strategies include structured hiring, mentorship programs, transparent communication, and involving employees in decision-making.
- Drive Employee Engagement and Retention. Prioritizing diversity increases employee engagement and financial performance. Inclusive workplaces are six times more innovative and twice as likely to meet financial targets.
- Provide Continuous Learning Opportunities. While unconscious bias training has mixed results, it can increase awareness when combined with systemic interventions like structured hiring and psychological safety. Leaders must model inclusive behaviors and provide ongoing development opportunities.
Strategically Investing in All Employees
For private employers, navigating the DEI landscape means focusing on universal inclusion—creating equitable processes, fostering psychological safety, and ensuring all employees have equal opportunities to succeed. This is not merely a compliance measure, but a strategic investment that yields improved job performance, reduced turnover, increased productivity, and higher engagement. By adopting these principles, companies can authentically honor Juneteenth and build a truly inclusive, equitable, and high-performing workplace that benefits every individual.