How can we effectively navigate DEI in a post-Affirmative Action landscape?

Dear Peoplism,

I’m the head of HR at a mid-sized company, and like many folks in my position, I’m feeling deeply uncertain about what to do about DEI since the Supreme Court’s recent ruling dismantling Affirmative Action in higher education.

For several years now our employees have been pushing us to do more on DEI. We’re regrettably not very diverse when it comes to gender, race/ethnicity or age. But I’ve struggled to get leadership buy-in for significant resources. Now I worry that leadership will use the Supreme Court case as an excuse to drop DEI as a priority altogether.

How do I convince our CEO and leadership team that we can pursue a DEI program without running afoul of potential legal issues? How do I argue for the investment I know we need?

Sincerely,
Feeling Stuck in Legal Limbo

Dear Feeling Stuck in Legal Limbo,

Advocating for DEI—or any change of the status quo—has long been a tough road for HR leaders, and unfortunately, the Supreme Court's decision to dismantle Affirmative Action has made it even trickier to push for progress. We share your fear that some leadership teams will use this decision on Affirmative Action in higher education to resist change.

It’s important to know, first of all, that this ruling pertains only to college admissions, not workplace practices. In terms of employment law, it's already illegal to hire (or discriminate) based on race. So a lot of the media hoopla about how this ruling will affect corporate DEI programs is more of a headline than a story (though the potential chilling effect is real).

That said, this media frenzy gives us the opportunity to address a really common misperception about DEI programs: the idea that they are mainly about implementing quotas and bias trainings. The reality is, the majority of research-backed DEI interventions are primarily aimed at building more fair and rigorous HR processes.

Our recommendation is to reframe the conversation to be about evolving your HR practices to be truly best-in-class and evidence-based. That benefits everyone, especially historically marginalized groups that tend to suffer most from informal and outdated practices.

Here are 10 ways you can increase DEI by improving your HR processes:

1. Broaden your Talent Pool: Avoid leaning solely on referrals and typical networks, which tend to be homogeneous. Seek out talent from a wider variety of schools and networks.
2. Implement Structured Hiring: Using standardized interview questions and evaluation criteria ensures you select the best candidate for the job, not merely the one who interviews well or shares a common background with the hiring team.
3. Craft Better Job Descriptions: Ensure that the language used in your job postings attracts the broadest range of qualified talent, and accurately reflects the role.
4. Establish Clear Job Levels: Ambiguity invites bias and thus leads to unfairness. Create transparent job levels with distinct responsibilities and criteria for advancement.
5. Train Managers on Feedback: Arm managers with the skills to provide all employees with effective, actionable feedback.
6. Revamp Performance Reviews: Clarify the criteria that employees will be evaluated on in their performance reviews and communicate it to them in advance.
7. Formalize Mentorship: Informal mentorship is happening and often excludes people from historically marginalized groups. Encourage broad participation in a formal mentorship program.
8. Promote Work-Life Balance: Offer inclusive benefits like generous paid parental leave and flexible remote work options to all employees. These practices are desired by all employees, but women and people of color need these supports most because they face the greatest work/life challenges.
9. Provide Effective Harassment Training: As many states require harassment training by law, ensure it is evidence-based and impactful. (Unfortunately, most harassment trainings do more harm than good, so this is truly low-hanging fruit).
10. Involve Leadership: Encourage managers and leaders to participate in recruitment, formal mentorship, and training efforts. It offers them exposure to a diverse range of talent and shows them they can contribute to a better workplace, which encourages even more support for these programs.

Implementing these practices will improve diversity, equity, inclusion, and belonging in your company. And if you think it will help you get resources, you don’t even have to call it DEI, you can call it more effective HR. These initiatives are about leveling up your organization to ensure fairness and creating an environment where everyone has equal access to success.

It’s frustrating that your leadership team isn’t currently ready to have an honest conversation about the need for greater diversity in the workplace. Full stop. We need leaders that understand and embrace the need for change. Luckily you have the opportunity to show them that investing in key aspects of DEI—and thereby attracting and retaining a more diverse workforce—is good for everyone.

Because DEI is not about checking diversity boxes or avoiding legal issues. It’s about becoming a better, more fair, and more productive workplace.

Best of luck as you navigate these challenges. If you need further support implementing the top 10 strategies above, our team is here to help.

Sincerely,
The Peoplism Team