Diversity Initiatives and the Backlash of Reverse Discrimination Claims

The summary is about a legal firm and their attorney getting reprimanded for misconduct in a court case. They had to pay a fine and apologize for their actions. Recently, there have been movements like Black Lives Matter and Me Too that have brought attention to inequality in the workplace. Many companies are now trying to make their workplaces more diverse and inclusive by hiring diversity officers and making public pledges to increase diversity. However, there has also been a backlash, with some employees making claims of “reverse discrimination” – saying they are being discriminated against because they are not part of marginalized groups. This has made it hard for employers to navigate how to increase diversity without facing these claims. A reverse discrimination claim is when a person who is typically in the majority group (like a white person or a man) claims they have been discriminated against by a member of a minority group. This can happen when a company has programs to increase diversity in its workforce. These programs have to be carefully designed to make sure they don’t unfairly disadvantage people in the majority group. It can be difficult for an employer to defend against a reverse discrimination claim if they don’t follow the rules set out by the law. Affirmative action plans are not very popular, especially in private companies. Public sector employers like government contractors may have to follow them more strictly. Instead of traditional diversity programs, many companies are doing anti-bias and anti-discrimination training. But studies show that this kind of training doesn’t really change people’s prejudices or improve workplace diversity. Instead, other programs like mentoring for minority employees, being transparent about diversity in the workforce, and creating diversity task forces have shown more promise. Also, forming groups for employees with shared identities, like race or gender, can help with hiring and keeping minority employees. These initiatives don’t have the strict rules of traditional affirmative action programs. Employers can use diversity initiatives like the Mansfield Rule to help increase the number of women, minority, LGBTQ+, and disabled employees in their company. The goal is to consider a certain percentage of minority applicants for job openings, not to hire a certain percentage of minority employees. This can help reduce unconscious biases and make the workplace more diverse. The Mansfield Rule program has been successful in increasing diversity in the legal industry, and similar programs have been implemented in the NFL as well. Overall, promoting workplace diversity has many benefits, and there are ways to do it without making biased employment decisions. The Black Lives Matter movement is one of the largest in U.S. history. It has sparked protests and calls for change. In response, some companies are hiring diversity officers and making promises to support racial justice efforts. However, there are also concerns about “reverse discrimination” lawsuits, where white men claim they are being unfairly treated because of diversity initiatives. There are some government rules about how employers can treat people based on their race, sex, gender identity, or sexual orientation. Affirmative action means employers can make an effort to hire and promote people from minority groups. There are also laws that protect people from being treated unfairly because of their race or sex. For example, if a manager admits they didn’t hire someone because of their race or sex, that’s considered direct evidence of discrimination. In discrimination cases, the position and qualifications of the person making the complaint are important factors. The type of discrimination being alleged will determine what the person needs to show. Adverse employment actions like being fired or not getting hired can be considered discrimination. Affirmative action employment decisions that are not done properly can also be considered discrimination. It’s important to compare the makeup of the workforce with the pool of individuals who have the necessary skills for a particular job. In a case called Shea v. Kerry, the court said that if there’s a history of discrimination in a job category, the employer might need to use affirmative action to fix it. But just because an employer meets the “imbalance” standard, it doesn’t automatically mean they discriminated. A Supreme Court case called Ricci said that for an employer to use affirmative action that may violate discrimination laws, they need a strong reason to believe they could get in trouble under those laws. But another court said that Ricci doesn’t change the two-prong standard set out in previous Supreme Court decisions. A valid affirmative action plan is a temporary measure to make things more fair, not to keep a permanent racial balance. In a different case called Shea II, the court said an affirmative action plan was valid because it only affected hiring, was for qualified applicants, aimed to make the workplace more diverse, and didn’t prevent non-beneficiary employees from applying for jobs or getting promoted. Affirmative action programs can’t unfairly hurt non-black employees’ chances for advancement. Employers can use anti-harassment training to protect themselves from being sued for harassment by their employees. If they have a good anti-harassment policy and investigate any reports of harassment, they might not be held responsible for what their employees do. So, it’s a good idea for employers to have these policies and training in place. Diversity training at work doesn’t always work well, and can sometimes make things worse. Studies have found that discrimination against Black people in the workplace hasn’t gotten better over time. Not many Black men or women of any race are in management positions at big companies. Backlash against the Me Too movement may have made it even harder for women to get promoted. Some companies have groups for employees of a certain race or religion, but not all of them do. Diversity programs aimed at increasing the representation of underrepresented groups in companies often fail. However, college recruitment programs can increase diversity in a company’s management ranks by 10% within five years. There are rules in place, like the Mansfield Rule and the Rooney Rule, to increase diversity in the workplace. Diversity in the workplace has many benefits.

Source: https://www.floridabar.org/the-florida-bar-journal/diversity-initiatives-and-the-backlash-of-reverse-discrimination-claims/