Yesterday someone posted a Harvard Business Review article on LinkedIn dealing with the topic of corporate DEI programs. The authors, Kenji Yoshino, David Glasgow, and Christina Joseph, state that such training programs hold a low legal risk provided they aren’t targeted at a specific group in a manner that creates a hostile work environment.
Public relations-wise it can be a different story depending on the community and customers you serve.
HOWEVER, statements about diversity, equity, and inclusion can carry legal risk if the say too much.
DEI communications create legal risk when a statement suggests that the organization engages in what we call the “three Ps” by conferring a preference on a protected group with respect to a palpable benefit.
They caution against statements like: ““DEI uplifts historically disadvantaged groups to ensure equal outcomes,” because it suggests that some protected groups might be getting preferential treatment.
As alternatives, they suggest:
“DEI removes unfair barriers that prevent disadvantaged groups from competing on a level playing field.”
“Talent is everywhere but opportunity is not. DEI closes the gap.”
“DEI enables people of all identities and backgrounds to feel welcome and do their best work.”
In respect to hiring and promotion, they write:
Another risky statement is “We use diversity hiring to recruit people from underrepresented racial and ethnic backgrounds.” This one could suggest the organization considers race or ethnicity in employment decisions …Alternatives include:
- “We conduct outreach at diverse colleges to strive for a diverse applicant pool.”
- “While we strive for a diverse mix of candidates, all employment decisions are made without regard to race, sex, or other protected characteristics.”
- “We look for candidates of any background who will advance our culture of diversity, equity, and inclusion.”
They also advise staying away from any language that identifies concrete hiring targets and instead use aspirational language referencing terms like aspire, strive, aim, and hope.
Much more specific detail on these and other topics in the article, including how to engage your communications team, if any of this is of concern.
