Freedom To Fight For DEI: How Legal Battles Affect Leadership Policies, Commitment
Prevailing in an anti-DEI climate requires intention and effort.
The fireworks this month for celebrations of U.S. independence surrounding July 4 are not the only outbursts catching the attention of corporations, leaders, non-profits and educators. The trend of nationwide pushback on Diversity, Equity and Inclusion efforts at work and in higher education is loud and distracting.
These issues demand response and action in the workplace now and require deep understanding of the laws, processes and practices in order to be successful in achieving parity and equity in leadership across gender, race and identity.
“Prevailing in an anti-DEI climate requires intention and effort. #workplace #diversity ”
Take The Lead’s fourth annual PowerUp Conference on Women’s Equality Day, August 26, in Washington, D.C. has the theme, “Together We Lead,” and will address pathways to success for individuals and organizations in today’s and tomorrow’s business climate.
“The conference comes at a time when progress in the advancement of women’s rights and leadership is at risk, from rollbacks on reproductive rights to attacks on initiatives such as the Fearless Fund that aims to rectify the disparity in venture funding for women entrepreneurs of color,” says Gloria Feldt, co-founder and president of Take The Lead.
Read more from Gloria Feldt on power moves
With a stellar lineup of speakers in corporate, business, consultancy, philanthropy, public policy and entrepreneurship sectors and more, the conference aims to “engage men in the work for gender equality and understand the public policies that impact your life,” according to Feldt, celebrating at Power Up the 10th anniversary of her co-founding of Take The Lead.
“There is so much power in speaking up together to say, ‘It’s time for parity in leadership positions,’” Feldt says.
““There is so much power in speaking up together to say, ‘It’s time for #parity in #leadership positions,’” @GloriaFeldt says.”
Register here for Power Up Conference
Speaking at the Power Up Conference is Daisy Auger-Dominguez, leadership expert and author of Inclusion Revolution: The Essential Guide to Dismantling Racial Inequity in the Workplace and the forthcoming, Burnt Out to Lit Up: How To Reignite The Joy of Leading People.
In her popular TEDx talk with more than 51,000 shares, Auger-Dominguez, says, “What leaders do matters far more than what they say. It’s about far more than public displays on social media, recruiting initiatives, one and done anti-bias and anti-harassment trainings.”
At the Power Up Conference, Auger-Dominguez will share how to be the best leader possible, making sure all employees and colleagues “feel seen, heard and valued” particularly in contentious, difficult times.
“At the #PowerUp Conference, @DaisyAD will share how to be the best leader possible. #womenleaders”
More than 30 states have enacted legislation to curb or eliminate DEI practices, and anti-DEI activists “have filed suits seeking to pressure big corporations to abandon their guidelines, reportedly resulting in some like JPMorgan Chase, BlackRock, American Airlines, and Lowe's altering the wording used,” Inc. reports.
This has resulted in small businesses and enterprises seeking counsel and changing tactics in order to avoid litigation.
Read more in Take The Lead on Black women and DEI policies
While the economic business climate is heating up about DEI initiatives, research shows that the country is split on the efficacy of DEI initiatives, according to Pew Research.
“Research shows that the country is split on the efficacy of #DEI initiatives, according to @Pewresearch.”
“Half or more of both men and women say focusing on increasing DEI at work is a good thing, but women are more likely than men to offer this view (61% vs. 50%). In turn, men are more than twice as likely as women to say it is a bad thing (23% vs. 9%),” Pew reports. Another 26% say “having a workplace with about an equal mix of men and women,” is positive.
The goal of gender equity in leadership across all sectors has been the mission of Take The Lead since its founding 10 years ago, Feldt says.
Still, a gender split is prevalent in American attitudes on how easy it is to climb the ladder at work, as “44% of women say being a man makes it at least a little easier to be successful, including 24% who say it makes it a lot easier. This compares with 29% of men who say being a man makes it at least a little easier to be successful,” according to Pew.
Read more in Take the Lead on DEI approaches
Addressing the rise in career roles for BIPOC, “51% of Black workers say being Black makes it harder to be successful where they work. This is significantly higher than the shares of Asian (41%), Hispanic (23%) and White (18%) workers who say the same about the impact of being Black.”
“The goal of #genderequity in leadership across all sectors has been the mission of @Takeleadwomen since its founding, @GloriaFeldt says. ”
Recent actions from lawmakers specifically target corporations for DEI programs and titles, stating it is illegal to hire candidates with the goal of meeting DEI goals in mind.
“Utah’s governor signed into law House Bill (HB) 261, which prohibits public institutions from requiring DEI training or asking job applicants questions about initiatives that promote differential treatment based on personal identity characteristics. It also bans policies or programs with ‘diversity, equity, and inclusion’ in their names,” reports the global law firm, Skadden.
Thirty states have anti-DEI laws on the book, including Texas, Florida, Oklahoma, North Carolina, North Dakota and Alabama, where recently “the governor of Alabama signed Senate Bill (SB) 129 into law, a sweeping measure that prohibits state agencies and schools from sponsoring DEI programs or requiring their employees or students to participate in them.”
“Recent actions from lawmakers specifically target corporations for #DEI programs and titles.”
Despite this pressure, in Washington State, “SB 5462 would require school districts to adopt curricula that tell the perspectives of LGBTQ+ Washingtonians. And in California, SB 54 requires venture capital companies to report the diversity of the founding members of businesses in which they invest,” Skadden reports.
In the face of legal threats, how are leaders responding? The good news is research shows that while the legal anti-diversity targeting is very real, many leaders are not changing their stance or abolishing their efforts on fairness.
HR Executive reports, more than 90% said recent actions have not “impacted their DEI agenda, although nearly 60% of leaders surveyed did acknowledge increased public pressure against corporate DEI work.”
Read more in Take The Lead on laws and DEI
And for many companies, the reaction to such threats is the opposite of the legal intent. “A study conducted shortly after the U.S. Supreme Court ruling on affirmative action published by Bridge Partners found more than 75% of employers with DEI programs increased their investment in the previous year and about the same expected to continue enhancing their DEI initiatives into 2024. Nearly 44% said the decision will prompt their organizations to increase their DEI investment.”
“While the legal anti-diversity targeting is very real, many leaders are not changing their stance or abolishing their efforts on fairness. #DEI”
Earlier this year, the law firm Littler completed a survey of more than 300 C-suite leaders, and “found that just 1% of respondents said their organizations decreased their DEI activity in the last year—and 60% increased it.”
A LinkedIn 2021 study found that between 2020-21, “employers hired chief DEI officers more than any other C-suite role, while the number of S&P 500 companies employing a C-level DEI executive grew from 47% to about 75% from 2018-22.”
Amira Barger, executive vice president and head of DEI Communications & Advisory, Health Communications at consultancy Edelman, tells HR Executive, “I’m not a big fan of making a business case for DEI because there are myriad intersecting cases—the moral case, the justice case. But in corporate spaces, the language of the people is revenue and the bottom line. And that needs to be part of the story HR and DEI executives tell right now.”
Wendy Davis, author of The Fight You Don't See, tells Forbes, “Business will lead the way on DEI, not the government.”
