Promoting diversity in the workforce has become a key focus for many employers. Organizations have increasingly recognized the many benefits of employing a workforce with diverse backgrounds, perspectives, and experiences, and, more specifically, employees who belong to a variety of different characteristics protected by federal and state employment laws, including race, sex/sexual orientation, age, religion, and disability, among others. The challenge for employers, however, is how to promote diversity in the workforce without violating the federal, state, and local anti-discrimination laws that prohibit employers from making any employment decision, including hiring decisions, based on a legally protected trait. This article provides some best practice tips designed to help your organization navigate this complex area of the law.

• Thorough Job Posting Procedures. Employers should post job openings internally and externally. An employer should avoid the temptation to offer an open position only to its existing workforce or to only a single, current employee.
• Diverse Candidate Pools. Employers should ensure that the organization is recruiting from diverse candidate pools. If candidates with a certain protected characteristic (e.g., race, gender, age) are underrepresented in an employer's hiring pools, the employer should consider broadening recruiting strategies to attract more diverse candidates. Such efforts may include, for example, advertising for a position using...

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