DEI, Affirmative Action and a Politically Polarized Workforce

Current legal and political challenges to diversity, equity and inclusion (DEI) programs are causing confusion for employers that want to act on good intentions toward equal opportunity in talent acquisition and retention.

In this episode of the Cornell Keynotes podcast from eCornell, Paul Wagner, an adjunct assistant professor at the Cornell Nolan School and shareholder in Stokes Wagner law firm, and Holly Lawson, SVP of human resources for Noble House, join guest host David Sherwyn, the John and Melissa Ceriale Professor of Hospitality Human Resources and a professor of law at the Nolan School, to explore how organizations can navigate shifting legal approaches to DEI.

This episode covers the:

• Civil Rights Act of 1991, the mixed motive standard and its early effects on employment discrimination cases
• Evolution of DEI policies from positive reception to legal backlash
• Nonexistence of “reverse discrimination”
• Unlawfulness of quotas
• Alignment of DEI efforts with organizational core values and goals
• Recruitment source expansion to promote diversity in hiring
• Possible legal challenges on DEI policies employers can face
• Meticulous record-keeping necessary to withstand legal scrutiny of hiring practices
• Individual-focused application of Title VII of the Civil Rights Act of 1964
• Improved outcomes of organizations with diverse workforces
• Right-wing political views of DEI programs as charity
• Omission of intersectionality in the law
• Intentionality in creating space for underrepresented voices
• Development of employee resource groups
• Use of the term “affirmative action”

eCornell offers dozens of online professional certificates in human resources, diversity, equity and inclusion and law to guide you in crafting policies and practices for your organization. Continue your learning in our HR in Hospitality, Hospitality Labor and Employment Law or Business Law programs — all authored by David Sherwyn — or in one of our DEI certificates.

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