With the recent executive orders, private employers may be wondering what, if anything, to do with their diversity, equity, and inclusion initiatives. Our advice is to continue to create inclusive places to work. We feel that emphasizing equal employment opportunities and making merit-based decisions will help companies foster a diverse, inclusive, and equitable workplace environment. In the spirit of doing so, it is worthwhile to:
- Review of DEI Initiatives per Executive Orders. Employers should closely review any executive orders that affect DEI initiatives. These orders may include restrictions on certain types of DEI training, hiring quotas, or how government contracts are handled.
- Evaluate DEI Training Programs: If the company provides DEI training, employers should assess whether the content aligns with the new executive orders. Training programs should be free from mandates that could be perceived as divisive or discriminatory, such as those requiring employees to undergo training on specific ideologies or frameworks that may violate the orders.
- Focus on Respectful Dialogue: Ensure training programs focus on fostering a respectful workplace, where employees can have open discussions without feeling forced into a particular perspective.
- Encourage Diversity of Thought: While maintaining the spirit of diversity, employers should encourage a balance of views in DEI training and ensure it’s aligned with legal guidelines.
- Ensure Equal Opportunity Policies & Practices: Employers should maintain policies that promote equal opportunity for all employees, regardless of race, gender, or other protected categories. These policies should focus on fairness in hiring, promotions, and compensation.
- Audit job descriptions: Employers should eliminate any unnecessary job or degree requirements. Examine what is really needed to do the job, not the qualifications of the person who recently did the job or who is in the job currently.
- Review Hiring Practices: While DEI programs may be focused on encouraging more diverse hires, employers should avoid any practices that could be seen as giving preferential treatment to specific groups, particularly if that conflicts with executive orders. Consider focusing on making sure hiring is based on merit while maintaining an inclusive environment.
- Expand Recruitment Efforts: Employers can expand their recruitment reach by posting on various channels (college job boards, professional social platforms, job posting sites, etc.) The goal is to have a wide reach in attracting applicants.
- Create a Set of uniform Interview Questions: Employer are encouraged to create a set of standardized interview questions and job specific questions. Stay away from “fit” questions, especially if they are specific to a protected class.
- Formalize Promotions: Ensure that there are clear, transparent promotion processes which are equitable. Share the promotion policy with all employees, not just high potential/high performing employees.
- Mentorship & Training Opportunities for All: Employers should provide mentorship and training programs for all employees regardless of racial or gender restrictions. Delivering training tailored to the employee needs, avoiding racial or sexual stereotypes is key.
- Focus on Voluntary Programs: Employers may shift to voluntary DEI programs and training. This could involve:
- Voluntary Employee Resource Groups (ERGs): Support and encourage the formation of ERGs focused on various aspects of diversity (e.g., race, gender, sexual orientation, etc.).
- Voluntary Mentorship Programs: Offer mentorship opportunities that focus on career development and networking, helping underrepresented employees reach their potential.
- Audit and Assess DEI Impact: Employers should conduct audits to assess the impact of their DEI initiatives, ensuring that programs are achieving desired outcomes without overstepping legal boundaries.
- Track Outcomes, Not Quotas: Avoid quotas or numerical targets for hiring or promotions based on race, gender, etc., as these could potentially conflict with the executive orders. Instead, track diversity progress through outcome-based metrics (e.g., employee retention, development, and satisfaction).
- Solicit Feedback: Regularly gather feedback from employees on DEI programs to ensure that they are supportive and effective, ensuring employees don’t feel coerced into specific viewpoints.
- Maintain a Focus on Inclusivity and Equity: Even as policies may shift, employers should continue to support an inclusive workplace culture where all employees feel valued and respected. This can be done without violating executive orders by focusing on:
- Inclusive Language and Practices: Incorporate inclusive language in communications, employee handbooks, and training materials.
- Flexibility and Support: Ensure accommodation is available for employees with disabilities, religious needs, or other personal requirements to promote equity without infringing on executive orders.
- Legal and Compliance Consultation: At Milestones HR, we don’t consider ourselves experts in DEI nor are we attorneys. However, we know folks who are and we’re happy to refer employers to DEI Consultants and/or Legal experts. We encourage employers to consult with legal counsel to ensure their DEI initiatives comply with all applicable federal, state, and local laws, including executive orders. Legal experts can provide clarity on any nuances in these orders and help companies adjust their strategies accordingly. DEI experts can maintain the integrity of making the workplace inclusive while navigating the new boundaries.
By taking these steps, private employers can navigate the evolving landscape of DEI policies and practices while complying with any executive orders, creating a fair and inclusive environment for all employees. Are you ready to partner with a Human Resources Consultant? If so, please contact Angie at 608-370-4642 or angie@milestoneshr.com for a free 30-minute exploratory conversation.
