Today’s employers likely feel caught between a rock and a hard place. They know—because they have great HR departments and outside counsel—that federal anti-discrimination laws govern their employment practices and exist to provide a level playing field for all applicants and employees. But given the coverage of the Trump administration’s concerns regarding diversity, equity, and inclusion (“DEI”) practices and the uncertainty about how DEI will be defined, employers may also be unsure how their current and past practices comport with the law.
While DEI initiatives are vital for fostering inclusive work environments, a goal of many employers, certain methods may inadvertently lead to discrimination, violating federal anti-discrimination laws like the Civil Rights Act and the Age Discrimination in Employment Act. Here are five suggestions for how to get the best out of your workforce while making sure you comply with the law:
- Hiring the Best People: Eliminate unnecessary job and degree requirements, ensuring that the education and skills required match the job duties. This can remove barriers across the board for first-generation professionals regardless of protected class.
- Promote Fairly: Review promotion policies and conduct pay equity audits to ensure compensation and promotion decisions are based on qualifications and performance. Replace informal promotion practices like “tap-on-the-shoulder” with clear, standardized procedures. Consider implementing opt-out methods to ensure all qualified employees are given consideration.
- Trainings Should Unite, Not Divide: Training programs should be balanced, avoiding discrimination against any group while promoting inclusivity. Trainings should emphasize workplace culture, professional development, and inclusive merit-based access to opportunities as sustainable business practices.
- Show Your Work: Make sure hiring, promotion, and pay decisions are transparent and well-documented.
- Bring in the Pros: Conduct an attorney-client privileged legal review of DEI programs and related training materials with your Campbell Teague attorney.
