Holli Holiday

DEI: A Call to Action

Holli Holiday

J.E.D.I Master and DEO, Holliday Advisors

 

Across the country, efforts to advance equity and inclusion are severely under attack. Particularly at the state level, where conservatives persistently assail these initiatives. From rolling back higher education admissions programs, to limiting information in schools about the history of diverse people, to allowing businesses to restrict who they allow in their store to limiting programs providing access to capital for disadvantaged businesses based on race, the ways in which DEI opponents are using courts are nefarious.                                                                                          

 

First, let us define the term. Let us begin by acknowledging D.E.I. as an acronym, not a three-letter word. Diversity, Equity, and Inclusion identifies three distinct strategic values. The values help us to inform an approach to achieving an aspiration that all people should have the opportunity to achieve their best lives absent unfair treatment and oppressive barriers. 

 

Justice: Acknowledging Some Assumptions

The fight for diversity, equity and inclusion assumes that people are aligned on some basic assumptions of fact: 

1. People have and continue to experience generations of unfair treatment and conditions based on flawed systems and cultural norms intentionally created to foster unearned advantages for some people. 

2. Intentional actions are required to reform flawed systems and reimagine culture to remove barriers to opportunity. 

3. Diversity, equity and inclusion is a value-centered strategic approach to breaking down systemic oppressive barriers and advancing fairness. 

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Accepting these basic assumptions is the cornerstone of justice. Justice is the intentional dismantling of systemic barriers that support oppression in any form. When we acknowledge justice, we are pushed to create opportunities and access, and to be intentional about culture within our workplace. In other words, we must seek to apply equity strategies. By doing so, we recognize important historical and contextual background for all workplace team members, allowing us to implement policy, programs and practices that not only consider our intentions but our impact. Harm has not, and does not, occur in equal measure. “One size fits all” and “check the box” approaches are outdated. Through equity, we examine our intent and our impact, seek to minimize harm by having more shared outcomes and experiences. 

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Justice provides us with the construct to recognize that frequently our identities are marginalized and, many times, subject to harm in and out of the workplace. This is a critical piece that many institutions (and some legislatures) would like for us to skip because it forces us to come face-to-face with our humanity and challenges us to do much better. The reality is people have layered complicated identities. Some of these identities (not all but usually more than one) are subject to historical and current harms based solely on these identities inside and outside the workplace. This simple truth impacts workplace culture, and in many cases, job performance. 

 

Diversity Defined

Diversity is much larger than a race-based construct as conservatives have grossly misinterpreted it. Diversity is the understanding and recognition of people’s unique, layered, and evolving identities and ideas. As the world becomes increasingly more diverse, “single” identity approaches to diversity, equity and inclusion have become extinct. Anti-DEI supporters want to cast diversity as a race-based construct (or any single identity). The reality is that it is not. Race is a part of the story, but it exists as only the first chapter in a long book. 

 

Key Laws Which Protect Diversity

• Equal Pay Act of 1963

• Title VII of the Civil Rights Act of 1964

• Age Discrimination in Employment Act of 1967

• Rehabilitation Act of 1973

• Pregnancy Discrimination Act of 1978

• Americans with Disabilities Act of 1990

• Civil Rights Act of 1991

• Genetic Information Nondiscrimination Act of 2008

• Pregnant Workers Fairness Act of 2022

 

In the US, Diversity is largely protected by the Constitution and anti-discrimination laws at every level of government to acknowledge and protect our most marginalized identities and freedom of expression. New federal data show that the U.S. Equal Employment Opportunity Commission (EEOC) is cracking down on unlawful workplace practices. According to a recent report from the EEOC, 143 discrimination or harassment lawsuits were filed in fiscal year 2023. This was more than a 50 percent increase over the filings from fiscal year 2022 (Seyfarth, 2024).

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Even though there are chronic violations to these laws, and they are not accepted throughout society, we must continue the fight to uphold these protections and freedoms. As a result of the government acknowledging our layered identities and the harm related to them, our identities are no longer denied. Unfortunately, recognizing diversity is not enough on its own. 

 

Equity Defined 

All people experience harm. Sometimes that harm is derived from the oppression experienced based on the diversity of a person. As a result, people have vastly different experiences, outcomes or impacts from each other even though they may  share the same space. Some spaces are dangerous for some and not for others based on their identity. 

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Imagine having an approach that would allow us to offer support to people experiencing the full range of these harms and indignities. Imagine that opportunities are available to all and for those who have experienced past harm, generational harm. Where systemic barriers exist; additional support will be provided to eliminate the harm and allow you to have similar experiences, impact and outcomes as others who are not subjected to these harms. Sounds good, right? That is equity. Equity is the commitment to fair treatment, access, opportunity, and advancement for all, by acknowledging that there are historically marginalized, underserved, and underrepresented populations. Equity offers a remedy or approach to repair systems that have harmed and are harming people based on their identities. 

 

Inclusion Defined 

Inclusion pushes us to not only look at special programs or change in attitude to have more use of equity strategies to create better inclusion. It also considers sustainability in our systems, including accessibility and belonging. Inclusion is symbolized by a long-term commitment through systems to continue to evolve workplaces as diversity changes and new equity strategies. Essentially, inclusion is an environment or system where any individual or group feels welcomed, respected, supported, and valued to fully participate or engage.

 

Key Ways Conservatives Use State Laws To Attack Equick and Inclusion

 

State laws are either silent on equity and inclusion, following the Federal approach or focused on limiting or defunding efforts which address root causes of discrimination (i.e. equity) and improve systems which marginalize protected classes (i.e. inclusion)

 

• Rolling back broad environmental, social, and governance (ESG) initiatives

• Restricting teachers from teaching broad historical topics in their classrooms

• Defunding DEI programs in higher education 

• Prohibiting the use of DEI policies in hiring decisions

 

Call to Action

It is time to stop using DEI as a word and start using our grown-up words like justice, equity diversity, inclusion, belonging and accessibility to ensure that we are manifesting a world where we are intentional about remedying harm and eliminating systemic barriers. This may seem aspirational, but by joining people and communities who value diversity, equity and inclusion, the foundation that has been built can continue to expand. 

 

Here are three important actions to take: 

1. Vote for and donate to candidates who support diversity, equity, and inclusion, especially at the state and local levels. 

2. Support businesses, organizations and institutions that embrace diversity, equity, and inclusion. Let them know that the public supports them and do it publicly. 

3. Ask questions and encourage your place of work, worship, and service to share their positions on diversity, equity, and inclusion openly. Request regular updates on progress to be more inclusive and equity programs that work.

 

References

Seyfarth. (2024, February 1). Seyfarth’s EEOC-initiated litigation report for 2024 analyzes a whirlwind year of change and activity for the Agency. Seyfarth Shaw - Seyfarth’s EEOC-Initiated Litigation Report for 2024 Analyzes a Whirlwind Year of Change and Activity for the Agency. https://www.seyfarth.com/news-insights/seyfarths-eeoc-initiated-litigation-report-for-2024-analyzes-a-whirlwind-year-of-change-and-activity-for-the-agency.html