DISCLAIMER: This post gives a general overview of workplace. It is not legal advice. If you require legal counsel, please make an appointment to discuss your unique circumstances with an experienced attorney of your choosing. Don’t rely solely on what you read on the Internet.
Equity is a challenging concept for many people, myself included. Like many Americans, I have often thought, “I grew up poor. My family immigrated from Germany and faced its share of discrimination. How am I so privileged that I am, according to some best-selling authors, inherently racist and responsible for equitable programs like reparations? Why aren’t the records of slaveholders being used to first redistribute the wealth of families that directly profited from the slave trade?”
I now accept that my race and skin color afforded me opportunities to escape poverty in ways my Black classmates could not. We all benefit from the contributions of slave labor during America’s dark history. Embracing these concepts helps move our country forward in the ideals our founding fathers claimed, despite their failures. I still believe in protecting Constitutional principles like checks and balances and individual rights, even if the founders did not consistently uphold them.
This can be a lot to take in. Most of us were taught to idealize George Washington and Thomas Jefferson, without mention of their slaves. While names like Sally Hemings and Ona Judge are now known, hundreds of enslaved people’s identities remain unknown. The individual rights promised in the founding documents did not exist for them.
When we explore equity, we are required to look these deep-rooted systemic issues squarely in the face without flinching. The exploration challenges so much of what we thought we knew and who we thought we were. There’s good news and bad news in this. The bad news is that we took pride in being American, not fully understanding our complicated history. The good news is that there is much room to become the country we can be proud of. Let’s start in our workplaces.
What Equity Really Is
The intention behind equity is simply to create a fair and just society, but the path to achieving it is complex. Efforts to correct historical inequities have sometimes led to new forms of inequity, fueling the backlash against Diversity, Equity, and Inclusion (DEI) programs that we are witnessing across the United States.
What Equity Is Not
As the title of my June 2024 continuing legal education course reads, there is no hierarchy of protected classes. All protected classes deserve equal consideration. This principle is crucial because it underscores that no marginalized group should be prioritized over another. In this term, the United States Supreme Court will be deciding whether they should be prioritized over the dominant demographic, at least in employment discrimination claims.
When we create hierarchies among protected classes, we inadvertently perpetuate the very inequities we aim to eliminate. From denying due process in investigations and disciplinary proceedings to prioritizing inclusion of some protected classes over others, the hierarchical approach typically leads to resentment and division, undermining the goals of DEI initiatives.
Common Misconceptions About Equity
- Equity equals equality. While equality means treating everyone the same, equity involves recognizing that different people have different needs and providing resources and opportunities to achieve fair outcomes. Like most parents learn, giving each of their children the same things will not work when one is ill, injured, or disabled. Whether permanent or temporary, the differences have to be addressed.
- Equity is a zero-sum game. Some believe that promoting equity for one group means taking away from another. In reality, equity aims to level the playing field so that everyone has a fair chance to succeed, which can benefit society as a whole. Funds might be diverted from one program to another to achieve equity, but effective programs move money from programs with excesses or that are no longer needed.
- Equity only benefits marginalized groups. Creating an equitable environment can improve conditions for all employees.
- Equity can be achieved quickly. Achieving equity is a long-term process that requires ongoing effort and commitment. It involves addressing systemic issues and changing deeply ingrained practices and attitudes.
- Equity is just about race. While racial equity is a significant aspect of DEI initiatives, the goal is to create more opportunities for employees regardless of other characteristics, such as gender, physical or mental ability, socioeconomic status, and more. Again, when done well, this tends to improve conditions for all employees.
- Equity is political. No. It is fundamentally about the fairness and justice promised by the US Constitution, which transcends political affiliations.
Resolve workplace conflicts holistically and create the peaceful and productive work experience we all want.
Addressing Current Inequities in Your Workplace
Several well-intentioned employers have tried to balance inequities that they had no control over. They ended up in lawsuits. For example, Starbucks was ordered to pay $25.6 million in 2023 to a white former manager who claimed she was fired because of her race. The plaintiff argued that her termination was part of a public relations effort following the arrest of two Black men at a Philadelphia location. The jury found that race played a role in her firing.
Remember, Title VII of the Civil Rights Act of 1964 does not have an exception for discrimination against white people. It prohibits discrimination based on race.
It is not your job to correct the past, nor can you. Employers must focus on addressing the inequities that exist within their own workplaces. Concentrate on creating an inclusive environment where all employees feel valued and respected. This involves:
- Conducting equity audits. Regularly assess workplace policies, practices, and culture to identify and address disparities.
- Providing training and education. Equip employees and leaders with the knowledge and skills to recognize and combat bias.
- Implementing inclusive policies. Develop and enforce policies that promote fairness and equal opportunity for all employees. One of the easiest fixes you can make quickly is to remove gendered language wherever possible.
- Encouraging open dialogue. Foster a culture where employees feel safe to voice their concerns and experiences without fear of retaliation.
Moving Forward
Equity is about striving for improvement and creating a more just and equitable society for all. While that journey is challenging, it is a necessary endeavor in today’s increasingly diverse workplaces (and society). By understanding that there is no hierarchy of protected classes and addressing the inequities within our control, we can create workplaces that truly embody the principles of diversity, equity, and inclusion. We might influence fulfillment of the US Constitution’s promises, too.