The best way to invest lawyers in the goal is to bring them to the table as partners from the start. When lawyers are actively engaged, they can add real value to DCI. Lawyers follow the latest court decisions and legal developments, anticipate avoidable scenarios and help the company mitigate risks. In addition, DCI requires discussions on difficult and sensitive topics, and solicitor-client privilege can provide a certain level of security and confidentiality in conversations, which can facilitate the openness needed to improve the quality of DCI`s efforts. If they see themselves as partners rather than adversaries, lawyers can also be creative problem solvers. Most cases of discrimination in the workplace fall under one or both of the following areas: gender discrimination and racial discrimination. Discrimination against persons with disabilities and ageism are also common. After 9/11, discrimination against people because of their religious beliefs or national origin increased. The legal consequences of discrimination in the workplace are clearly set out in several federal statutes, but there are other, less easily quantifiable consequences that affect the employee, the company, and society as a whole. Under increasing pressure, the corporate lawyer asks the external management consultant for emergency advice by e-mail. An external lawyer responded that these targets appear to be legally prohibited quotas, suggesting that in the absence of more specific information, it is advisable to remove all figures and references to concrete measures from the talking points. Thus, the in-house lawyer rearranges it, marks the file as “final/approved” and returns it to the CEO in the evening with the external lawyer`s email. Without all the details, the new script says only that the company is “committed to equal employment opportunity” and has “set ambitious goals to increase diversity in hiring this year.” There should be no direct or indirect discrimination based on any of the protected characteristics listed in the company`s policy statement on equality and diversity (see above).
All employees receive appropriate training on our equality and diversity policies, including: Organizations generally seem reluctant to be proactive in advocating for equality for a variety of reasons. The reasons given depend on the behaviour and mindset of leadership and management, available resources, and the overall culture of the organization. If the benefits are not understood and articulated, working on equality and diversity seems to be a headache for many managers that must be circumvented or, at best, minimally done. For example, hiring people with disabilities may require the employer to make appropriate adjustments, and managers may want to avoid them. You may not see the benefits of all types of people working as a team in the organization. Organizations are often tempted to harass or harass the complainant, but they really have to be very careful with this behavior because it is illegal again. In a recent case in Yorkshire involving the NHS, compensation of £4.5 million was awarded to a former doctor and the whole case had been dealt with very badly by the employer. Dr. Atul K. Shah is a consultant and founder of www.diverseethics.com. Diverse Ethics has developed many innovative concepts of training and consultation around gender equality in the workplace. The need to avoid oversimplification of risk can be crucial for global companies, which often talk about DEI as if it were a global concept.
Take the case of a multinational organization that wants to create an LGBTQ+ resource group, but doesn`t know what to do in countries where laws seem to prohibit same-sex relationships. Excluding these countries from the initiative seems like the easiest option, but is it in line with the global values the company stands for? In such cases, DCI lawyers and executives need to dig deep together. What do these laws actually say? (Usually, they are aimed at individuals, not employers.) Will they ever be enforced? (In many countries, they are not.) What actions actually lead to negative consequences and what are those consequences? (Often, alarmist consequences are far-fetched.) Large employers will ensure that their human resources departments keep abreast of the latest human resources practices and trends for reputation and recruitment reasons. However, small employers may not have the resources or the desire to stay “trendy” when it comes to human resources. So what do employers have to do legally when it comes to equality and diversity, and how much discretion does it have? The only legal requirement for an employer in terms of equality is this: the role of legal counsel is to help you and protect you from legal risks, and they cannot do this without context. They want to negotiate interests, not positions. So don`t just inform your lawyers of the facts about an initiative. Let them understand why you`re launching it and what your goals are. In the back and forth that follow, they may end up leading you to something different from what you originally had in mind, but if they understand your goals and motivations correctly, they can help you mitigate legal risks while maintaining the essence of your goals.
Most people have heard of equality and diversity, but what does it really mean? Where does the pain come from and what are the legal obligations of employers to ensure equality and diversity in the workplace? Employers should review state and federal laws to ensure they comply with all equal opportunity laws. After reviewing the legislation, employers should implement a robust policy that explains the company`s standards and the actions taken in the event of a violation of the company`s policy. All employees and managers must be trained and held accountable for diversity policy. Finally, employers must foster an inclusive environment where employees feel safe and valued. By fostering an inclusive workplace culture, employers foster an environment of professionalism and respect for personal differences. It is illegal for an employer to discriminate against an applicant on the basis of race, color, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability or genetic information. For example, an employer cannot refuse to give requests to people of a certain race. The significant social consequences of discrimination in the workplace exist in a population where about half are affected by gender discrimination and more than 30 per cent by racial discrimination.
A comprehensive 2015 report from the American Psychological Association found that about half of minority Americans experienced some form of discrimination (the study was not limited to workplace discrimination) and that the extent and frequency of discrimination correlated with increased depression and decreased markers of overall health. It is clear that discrimination in the workplace and discrimination in general are bad not only for those affected, but for America in general. Unfortunately, the ultimate goals of diversity, equity and inclusion rarely guide legal discussions. In fact, lawyers are often discouraged from thinking about DCI`s goals and are instead asked to focus on narrow legal concerns. (“Please only change things that violate the law. But it`s important to stay true to your motivations, as well as make sure your lawyers understand them, because a bad IED carries a greater legal risk than a good IED. Most lawyers would eventually agree that if a party acts or speaks in a way that distorts reality – as is often the case with bad faith DCI – that party creates legally damaging evidence, regardless of the context. Lawyers also know that if it`s serious enough, false statements alone can lead to liability and drive people crazy enough to sue.
Finally, does your business have guidelines on how and when to seek legal advice? Who decides whether or not to call the lawyers? Is there a defined workflow between legal and other departments? If the guidelines are unclear or lacking, there may be inconsistencies in the legal implication. In any case, DCI can fall through the cracks, especially if companies have only recently created a DEI management position or a DEI committee. If you can proactively ask these questions and decide on a workflow outside the context of a particular initiative, you`ll be better equipped to handle urgent and unexpected situations. www.fcc.gov/general/office-workplace-diversity-functions In addition, companies constantly choose to ignore or accept significant legal risks: they set up companies to exploit tax loopholes, knowing that they could be audited and fined; They research and integrate aspects of competitors` product strategies, knowing that they could be sued for intellectual property infringement; They test new countries without registering to do business there. So what`s different about DEI? Atul Shah discusses the consequences of employers not meeting their equality and diversity obligations. It argues that the costs in discrimination cases are too high to ignore and should be anticipated by appropriate consideration of equality and diversity in everyday practice. However, for reputational reasons, an employer may want to publish details of the steps it is taking to reduce its gender pay gap. This is likely to include equality and diversity measures, such as positive action in favour of women in recruitment and promotion. However, when there is inequality or discrimination and an employee files a complaint or complaint, everything changes.