THE LAW: Diversity in the workplace

In a Dec. 11 column, I discussed the differences between affirmative action and diversity and also a recent court decision and oral arguments in the United States Supreme Court regarding race conscious college admissions and other decisions.

To follow up today, let’s talk about diversity in the workplace, specifically: How can a company improve its diversity in order to be representative of society’s makeup at large?

Here are four tips to improve diversity.

1. Recruitment and retention

One diversity consultant stated “diversity is being invited to the party; inclusion is being invited to dance.”

Employers should be aware of and embrace this analogy when evaluating and implementing recruiting and retaining efforts.

Employers should always promote equal opportunity in employment — meaning all applicants are considered for what they bring to the role: skills, aptitude, attitude, education, experience and diversity of thought. Applicants should not be judged on appearances or assumptions about who they are.

Iowa’s population is 90 percent white and 10 percent racial minorities, with Iowa City and Cedar Rapids having a slightly higher percent of racial minorities at 12 percent. This could be due to aggressive efforts in this area to promote diversity.

Do your part: Recruit a more diverse pool of qualified applicants, for example, by sending a diverse team to meet with colleges that historically have students with different cultural, ethnic and racial backgrounds or by placing advertising in new markets or with new recruiters.

2. Diversity awareness training

Many employment lawsuits arise from unintentional slights against others.

In June 2020, a former staff attorney for the American Civil Liberties Union of Southern California sued the nonprofit civil rights organization, alleging that as a Black woman, she was subjected to retaliation and discrimination when she complained about racism in the workplace. She alleged her white managers labeled her as “angry” or “aggressive” and that she was fired for being an “angry Black woman.” She claimed that when she inquired about where the “real change” was with respect to racial equality, her white supervisor “blew up, lost his temper, and started yelling and arguing with her in front of everyone.” He also is alleged to have tried to “cross-examine” her, asking her to provide “empirical evidence for her arguments.”

That is where it becomes crucial that employers properly and regularly train their employees on discrimination, harassment and retaliation.

The U.S. Equal Employment Opportunity Commission (EEOC) strongly recommends that employers provide training to employees about unfair employment practices and laws that prohibit discrimination and harassment in the workplace.

In addition to training on employment law and discrimination’s legal ramifications, employers may want to consider diversity awareness training. This is different from structured training on employment laws.

Diversity awareness programs focus more on the factors that improve workplace relationships, such as mutual respect and appreciation for differences as well as similarities. For employers who need assistance, the EEOC or a local commission (such as the Iowa City or the Cedar Rapids Civil Rights Commissions) will provide free technical advice, guidance and on-site training.

3. Workplace policy

Your company’s commitment to diversity should be memorialized in writing, and it should explain the “why” underlying the policy.

Ensure that discrimination, harassment and retaliation policies are implemented. Consistently and strictly enforce a zero-tolerance rule for violation of these policies. Workplace policies should include consequences for violations of the policies such as discipline, up to and including suspension or termination.

4. Leadership commitment

When implementing diversity policies, a company may experience cultural resistance. This often occurs because when companies become more diverse it changes the relationships and nature of the workplace.

Accordingly, successful business leaders create workplace programs that reduce the chance of discrimination and make diversity a priority but do so strategically. Achieving a diverse workplace begins at the top, where management believes in and supports the notion that a diverse workplace boosts business and helps to retain much-needed employees.

Workplaces that follow the law and remain true to Title VII of the Civil Rights Act of 1964 and Iowa Civil Rights Act are more likely to have a diverse workplace, fewer discrimination lawsuits and will be less likely to enjoy their employment attorneys’ company in 2023.