Come Together on the Concept of DEI
Diversity, equity and inclusion (DEI) initiatives are under attack in pockets of the country. A federal executive order was issued in September 2020 (although immediately withdrawn when President Biden came into office in January 2021), which restricted reference during workplace trainings to “divisive concepts” such as inherent racism or sexism, and race or gender based-responsibility for historic acts of racism or sexism. Thereafter, Florida passed the “Stop WOKE Act,” which restricted elements of DEI training by banning employers from advancing certain concepts of historic guilt and inherent privilege or bias related to race, color, sex or national origin. Currently, Texas has a bill pending to eliminate DEI offices on its public university campuses, except as needed to comply with state and federal anti-discrimination laws.
But at the same time, during the past few years, we have seen many high-profile individuals be held accountable for sexual harassment and sexual assault in the workplace, millions of individuals protest in the streets on behalf of the rights of Black people, and increased initiatives and protections for individuals in the LGBTQ+ community. State legislatures throughout the country passed laws increasing protections for those asserting claims of sexual harassment and sexual assault, and big name corporations rushed to announce new diversity goals that reached into middle and upper-level management positions.
Each powerful swing in one direction has produced an equally powerful swing in the other, as the pendulum of societal expectations for respectful behavior has been shifting to a new equilibrium. As workplace trainers, investigators and employment lawyers, we believe there is a valuable role for DEI professionals to play in advancing the pendulum toward a more respectful, welcoming and comfortable work environment for all individuals. While we recognize that significant learning can happen when you push people outside their comfort zone, we also know that not everyone learns by being pushed to that space - especially when that learning is mandatory.
DEI training initiatives need to hold true to all components of their acronym, and create an environment in which both historically marginalized and historically powerful voices all feel heard and valued. How does one do that? Our top three recommendations:
Focus on behaviors, not labels. Trainings should offer examples of the types of behaviors and the contextual factors that can make people uncomfortable or feel undervalued. In a workplace setting, we need not alter “hearts and minds.” We just need people to be more sensitive of their own words and actions, consider how those may be perceived by others, and refrain from doing or saying that which is disrespectful.
Mirror back without attack. Workplace training and discussion is an opportunity to present different perspectives and consider them in a controlled environment. People will each bring their own lived experience and mindset, what we call their “lens,” to any given fact pattern. Give participants the space to share their own lens, and explore what information they are using in the fact pattern and what assumptions they are making. Reflect those considerations back to all the participants and help them see and explore where bias may be influencing their conclusions, with an objective of increasing awareness and encouraging consideration of other possibilities.
Enlist allies. In the book Yale Needs Women, the author cites a white male student, an insider, who amplified the voices and expressed concerns of the first classes of women admitted to Yale University as they struggled to feel valued and included. According to the author, what made this one individual sympathetic to the women’s concerns was partly a matter of upbringing — his mother was a professional who had juggled career and family throughout his life and sensitized him to the challenges of that experience. That account resonated.
Our own sons, having grown up with discussions of inclusion and the importance of intentionally seeking diverse perspectives as standard fodder for dinner table conversation, are now facing some of these issues in their own academic and work experiences. They are assessing how best to lend their voices to what they know to be sensitive and nuanced discussions. There are many more like them, and their support is critical, not just to enhance discussions in training sessions, but more significantly to carry forward the lessons from those training sessions and look to apply them in everyday interactions.
These three key focal points: focus on behaviors, mirror back, and enlist allies, can be powerful tools in advancing equity and inclusion for all employees in the workplace.