By Kim Pogue Jenkins,
Esq.
Baer & Timberlake,P.C.*
USFN Member (OK)
USFN’s most recent Diversity,
Equity, and Inclusion Briefing Series on December 12, 2023, focused on The DEI
Outlook for 2024 and Forward: How to Navigate the Changing Climates. The
three panelists presenting were Greg Campbell, a partner at Aldridge Pite, LLP,
who spoke about the current state of DEI; Emily Bartekoske, a Senior Partner at
SouthLaw, P.C., who addressed lesser-known DEI categories; and Marisa Myers Cohen,
shareholder at McCabe, Weisberg & Conway, LLC, who presented DEI recruiting
tips and tricks. All in all, while there have been some recent setbacks to corporate
DEI initiatives, it is still a priority for employees and employers. Here’s a
brief recap of what our panelists shared during the Briefing.
Current State of DEI
Greg Campbell began by
acknowledging slowing DEI momentum over the past year, in contrast to the 2020 surge
of companies implementing DEI policies and departments. One reason for the 2020
wave was the death of George Floyd and the attention it brought to DEI. Another
reason was pandemic legislation, like the CARES Act, which made money available
to fund DEI programs. From July 2020 to July 2021, job postings with DEI in the
title jumped 92%.
However, since last July,
DEI job postings dropped by 38%. What could account for the shift? Financial
factors, such as the end of the CARES Act, recession, slower growth, and higher
interest rates. The bottom line remains a major consideration for businesses, along
with attracting the best talent, fostering innovation, and employee retention. Legal
pressure is another factor. The Supreme Court ruling in Students for Fair Admissions
v. Harvard held that the policies at Harvard and the University of North
Carolina violated the Equal Protection Clause by considering race in admissions.
While this ruling only affected universities, many businesses and law firms believed
that they might be targeted next, and they were correct. American Alliance of
Equal Rights sent threatening letters to seven top law firms demanding that they
halt their diversity fellowship programs, saying they exclude qualified white
and Asian students. Additionally, at least five state Attorneys General have
sent letters to the top 100 law firms in the country demanding a reevaluation
of DEI policies. Many companies have started ditching their DEI programs to
avoid potential legal trouble or are laying off their DEI-focused positions in
these challenging economic times.
Companies who rescind their
DEI programs may lose talent, as employees question if the company ever really
intended to be inclusive or if they just wanted to appear that way when it was
socially beneficial.
Campbell then switched gears
to address why some are hesitant to speak out about DEI issues. Reasons include
a fear of doing or saying the wrong thing or a fear of negative repercussions
from co-workers. He also addressed “reverse belonging,” when a person does not
feel like they can join a group or event if they are not in an underrepresented
category. He stressed that anyone who is an ally is welcome in USFN DEI events
and programs, and he urged those interested in DEI to continue to engage and
learn, read articles in USFN publications, and attend webinars like this one.
Lesser-known DEI Categories
Emily Bartekoske began
this presentation by acknowledging the widespread action on categories like sex,
sexual orientation, gender identity, race, ethnicity, or religion before noting
that DEI is also applicable to lesser-known categories. These can include cognitive
diversity, age, education, language, physical ability, class diversity,
invisible disabilities, geographical location, socioeconomic status, and family
status.
The first focus was on
age. We typically think about discrimination against older workers but we also
need to avoid making hurtful generalizations about younger generations. We
often look at this issue through a defensive lens, to avoid a lawsuit, but this
presentation encouraged us to instead use a lens of inclusion. We can and
should actively celebrate and encourage the unique skill sets that differing
age groups bring.
How can firms and
servicers implement this suggestion and create a welcoming and inclusive
environment for all employees? First, by updating company policies and by providing
anti-bias training that doesn’t promote stereotypes. They can also encourage
multigenerational collaboration on projects, and mentoring programs which go in
both directions: older workers mentoring younger workers, and vice versa.
Physical ability was also
addressed. Again, firms should look through the lens of inclusivity. Ask
employees if they are facing any challenges in this area at work. Consider that
many physical challenges are not visible. A person may have trouble lifting or standing.
They may suffer from chronic pain or an autoimmune disorder. Think about these challenges
when planning events. A golf outing as a reward is fun for some, but it can
also exclude some members from participating. Businesses can also offer nontraditional
accommodation, like extended breaks or flexible schedules.
Cognitive Diversity is defined
as the variety of ways in which people think, process information, problem-solve,
and make decisions. Neurodiversity includes ADHD, autism spectrum disorder, or dyslexia.
Fifteen to twenty percent of people are neurodivergent. Businesses want to make
employees feel welcome and included, and to maximize their learning and
productivity. To accomplish this, they must identify the learning styles of
employees and accommodate them in training and communication. They should also
review their hiring process to remove unnecessary steps that can cause stress
for many. Consider providing interview questions ahead of time to reduce anxiety
and allow for better preparation. Providing nontraditional accommodations like quiet
workspaces, headphones, or low-sensory areas where an overwhelmed person can go
to self-regulate, can greatly benefit neurodivergent employees. Finally, check in
regularly to make sure employees are not headed toward burnout. Acceptance of
diversity should be promoted from the top down to eliminate stigma.
DEI Recruiting Tips and
Tricks
Companies that maintain a
sustained commitment to DEI will reap the rewards and intangible benefits by
attracting high-quality job seekers. Businesses should collect employee data and
then compare the statistics to those demographics in your state or county to
know how they are doing on DEI.
Companies should make
sure that they are looking both at the current employees and those who will be
hired. Job descriptions should be free from targeting certain ages and free
from exclusionary language. Recognize bias in the hiring process and
advertising of jobs.
Ask yourself and your
team questions such as does this position really need a college degree or a lot
of work experience?
Make sure interviewers are
not asking improper questions about age, national origin, sexual orientation, or
family status. If possible, have a diverse team of interviewers, ideally including
other employees and not just management or top-level executives. Using an
interview script can help to eliminate both implicit and affinity bias.
Implicit bias is a negative attitude, of which one is not consciously aware, against
a specific social group. Affinity bias is the tendency to act favorably toward
people who have grown up in a similar manner as the interviewer. Avoid questions
like “Do you golf?” While this question might create a connection between the
interviewer and interviewee, it may also have the reverse effect due to
affinity bias.
In summary, businesses
should capture the appropriate data, look at it through the various lenses, and
remember that a commitment to DEI will help them both hire and retain talent,
and provide an inclusive and welcoming workspace.
Save the Date: NEW
USFNgage Series
The Four Pillars of
Diversity, Equity, and Inclusion
Tuesday, Feb. 13, 1-2:30
pm CT
In these brand-new
virtual webinar programs, USFNgage sessions will be set up as a Zoom meeting
format where speakers will engage directly with participants face-to-face. Participants
should come prepared to enable their video, unmute themselves, and to engage
with our speakers and fellow participants through group conversations and
smaller breakout discussions. Registration for this event will open soon.
Copyright © USFN 2024
USFNews - January, 10, 2024
* Denotes firm is a 2023 Award of Excellence recipient
RSS
First, the problem: The words we choose create expectations, boundaries, and
implications. The problem arrives when those expectations, boundaries, and
implications result in excluding groups from fully engaging. The exclusionary
results act as gatekeepers for opportunities and growth, maintaining the
accustomed status quo. Those results may be intentional, but often they are not.
Intentional gatekeeping can only be addressed with education, argument, and
policy. Unintentional gatekeeping can be harder to address because it is
undetected and unconsidered.
Blog Home
All Blogs