DISCLAIMER: This post is contains general information about DEI programs and bans. It is not legal advice. If you are concerned about the legal implications of your program, please research and consult an attorney in your jurisdiction.
We keep talking about DEI because our workplaces are increasingly diverse, but the opportunities for people from historically oppressed groups remain limited. More often than by overt discrimination, inequities are caused by hidden biases (also referred to as implicit biases) woven into institutions and systems. This means you might not recognize you have these biases, yet we all do. It also means you might not recognize the disparate impact, especially when the systems benefit you.
In a webinar on Monday, February 12, 2024, Spectra Diversity CEO Chris Jones and I will be discussing the impact of cases like Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College (Harvard) and SFFA v. University of North Carolina (UNC), Nos. 20-1199 & 21-707 on Affirmative Action and DEI in workplaces throughout the United States. Here’s a sneak peak of the topics up for discussion.
Data Supporting Inclusion
Inclusion focuses on challenging our beliefs that some classes of people don’t deserve the same opportunities as others. It’s about welcoming them to our workplaces and supporting their success, while continuing to pursue our own. This is not a zero-sum game as it is often presented. Data sets consistently show that businesses with inclusive cultures are:
- High-performing, innovative, and agile
- Twice as likely to meet or exceed financial goals
- Eight times as likely to achieve better business outcomes
Dispelling Myths About Legal Issues
You might not think you care about race, gender, or another characteristic, but your actions could suggest otherwise. The accumulation of your uninformed actions and the actions of others over many years can result in institutionalized discrimination that builds systems of oppression. DEI initiatives must be carefully developed to eliminate inequities without creating new ones. For example:
- Diversity. Quotas are out. Recruiting in underrepresented populations remains a good strategy.
- Equity. Taking action on assumptions is out. Using reliable assessments is still in.
- Inclusion. Hiring and creating homogeneous teams are out (and were not real anyway). In is acknowledging the powerful diversity of humans who identify with different races, genders, ethnicities, physical and mental abilities, etc. and aligning their mutually beneficial goals into powerful creations.
CEO Commitments to DEI
Recent surveys of corporate executives indicate fewer than 10% of top leaders are reducing their focus on DEI, despite the US Supreme Court rulings on Affirmative Action. This might be because the opinions did not have a direct impact on employment law. More probable is that businesses recognize the value of diverse, equitable, and inclusive workplaces. Additionally, they can see that their workplaces will continue to be diverse, and they will need to address inequities and foster mutual respect if they want to hire and retain top talent.
Not sure if your DEI plan is legally compliant in NY?
Investing In Your Workforce: There’s Always a Budget for DEI