In the past year, workplace diversity, equity, and inclusion (DEI) programs have attracted heightened attention from federal agencies. For some employers, this scrutiny has sparked confusion. As the Equal Employment Opportunity Commission (EEOC) sharpens its focus on DEI, the agency is making the rounds to educate and inform employers of the EEOC’s current approach to enforcement.
The corporate relationship with diversity, equity, and inclusion is a nuanced one. Most organizations genuinely aim to do the right thing: recruit the best candidate for the role, consider a broad range of factors beyond technical skills, and retain high-quality talent. Historically, employers have pursued these objectives through a variety of tools, ranging from considering whether diverse backgrounds enrich organizational viewpoints to creating affinity or employee resource groups to foster engagement and improve retention. However, according to Andrea Lucas, EEOC Chair, some of these initiatives have become focal points for enforcement and certain practices, even when well-intentioned, may cross into the territory of unlawful discrimination if they involve decisions or opportunities based on race, sex, or other protected characteristics.
Defining the Issue: It’s Not About the Name
In a wide ranging interview, Lucas touched on several topics that employers would be wise to consider. Employers should not assume that simply changing the name of a program reduces risk. Whether you call it DEI,...
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