“Resist. Do not capitulate.”

“Keep doing what you’re doing. Just call it something else.”

I see these posts and I cringe that they are missing the mark. If you want to dig your heels in, play around with titles that do not use the letters D-E-I, and call it a day, then watch out. You will likely lose the battle you are fighting unless you are immensely lucky. The reason why the masses are not rallying to save DEI is not simply a DEI marketing problem. It is a more fundamental problem with how too many organizations have approached this work. If now is not a time to step back and reflect on what you are doing and how you are doing it, then I don’t know when is.

Know What Problem You Are Solving

We DO have serious problems of missed opportunities, particularly for historically marginalized groups. I am talking about people with real talent. Their merit should not be in question. Their access to resources, their understanding of how to play the game of getting ahead in corporate America, their network of contacts – those may all be lacking. That is what we should be solving for.

Be Cognizant of Skewed Analyses

Unconscious bias is a real thing, not some hokey science. It is how we filter out the myriads of sensory inputs in our daily lives and organize information to be able to function. It works for us most of the time. But it also has some harmful impacts. It can filter information so aggressively that we may not even realize it is skewing our analyses. We need to be cognizant of that.

Think Harder

How do we identify and nurture the people with potential and offer them the same opportunities as the people who are fortunate enough to be born into families with ample resources, role models, and mentors opening up connections and showing them how to get ahead? And how do we offer those opportunities without prioritizing one group over another, so that those born with the resources and opportunities don’t feel they are being squeezed through a much narrower selection funnel than the people who were not? How do we challenge ourselves to note where our own past experiences, societal inputs, and comfort zones are impacting our selection decisions in ways that are skewed to overlook the merit of some in favor of the familiarity of others? DEI folks and business leaders – those are the questions we should be solving for.

Take Small Protective Steps Now

In the meantime, let us look more closely at how we have been doing DEI.

1. Consider whether your organization made a business decision in the past to push the boundaries of the law, and whether now is a good time to continue pushing in that direction.

2. Look at your website – did you integrate buzzwords like DEI, diversity, inclusion, equity, or environmental justice? Do those terms align with the core of what your organization does? Or were you just recasting some aspect of your work to meet ESG (environmental, societal, and governance) objectives or similar social justice initiatives? If it is not core to your organization then consider why you are highlighting it with your website. If it is core, then get legal advice on how your organization can best continue work that aligns with its mission.

3. Review other communications and marketing pieces – both external and internal facing – to assess what messages they send. As with your website, determine whether you have adopted terms and phrases somewhat gratuitously to align with a progressive philosophy that is now under fire. Or perhaps your messaging was more genuine but still is not necessary or relevant to the core of your work.

If the words do not further your organization’s mission and values, then why are you saying them?

If they do align, get legal advice as you assess whether and how to frame them to remain true to the organization without unnecessarily provoking federal scrutiny.

4. Consider your organization’s policies, training programs, speaker series, performance review criteria, and other areas in which DEI may be embedded. Does it belong there? Is it furthering your organization’s mission and values? Has it been effective and produced beneficial results? If not, then start rethinking what you are doing, whether to continue it, and if there are better alternatives.

Bottom line – make your organization smarter and more reflective about what it is doing and how. There are many great values, objectives, and practices that DEI has sought to achieve. Our workplaces are stronger, healthier, and more desirable if we continue to work toward those – and all that work can be done within the parameters of federal, state, and local anti-discrimination laws. This is where your legal team – internal and/or external – should be engaged to help get you through.

This is the seventh in our series of articles on the Trump Executive Orders on affirmative action (AA) and diversity, equity and inclusion (DEI) that collectively outline how we got here, what has been eliminated, what new mandates have been issued, what has survived intact, and what employers can do going forward if diversity remains an important value for them.  Past articles covered the executive orders themselves and what they require, while this time we have been looking ahead to what you can and should consider doing in response.

By Tracey I. Levy