9 Effective DEI/REDI/JEDI Strategies in Restrictive States
Nearly half of US state legislatures in the United States have introduced or passed legislation limiting or banning DEI programs, particularly within public institutions. This can leave workers and executives feeling confused and frustrated. As a diversity, equity, inclusion, accessibility, and belonging consultant, I’m here to support organizations through these new challenges. Centering human well-being in the workplace has always been a struggle, and I know and have seen how we can shift and change with the current times to support organizations with practical strategies for navigating the challenges ahead.
Understanding the Landscape
The first critical step is learning the specific limitations of your state. These restrictions can vary widely, focusing on:
Public vs. Private sector: Some limitations may only apply to public institutions like universities or government agencies. Private companies may have more flexibility. Figure out how these laws apply to your organization.
Specific programs: Bans may target specific training programs, diversity statements, or the use of certain terminology associated with DEI. Figure out what elements within your organization may be impacted.
Funding: Legislation might restrict the use of public funds for DEI initiatives. Figure out what, if any, public funds your organization relies on.
Why the Pushback?
Understanding the rationale behind these restrictions can help us to strategize around effective responses. Here are some concerns brought forward against DEI work:
Free speech concerns: Some claim DEI initiatives (such as requiring a DEI statement), stifle free speech and open discussion.
Discrimination fears: Some are concerned that DEI programs disadvantage people who identify as white, cis-gender, heterosexual, non-disabled, and/or christian.
Focus on merit: Some argue promotions and opportunities should be based solely on merit and qualifications without considerations for the interpersonal and systemic disadvantages experienced by people with historically- and currently-excluded identities.
Strategically Navigating the Restrictions
There are many practices for fostering more inclusive and equitable workplaces. Here are some key strategies for navigating the DEI ban limitations.
Focus on the benefits of human-centered business: Re-frame DEI initiatives around their proven benefits for the organization that are connected to employee well-being and retention. Understanding how building a more inclusive workplace can enhance creativity, innovation, problem-solving, and ultimately could improve the bottom line helps us see that the practices we are putting into place are focused on building an inclusive environment that can aid in employee retention and focus on the quality of work or services for their mission/vision rather than be caught in endless cycles of hiring. Business operations began with compromising employee well-being, and we will have to continually make changes to build businesses that not just meet but also exceed the basic needs of employees.
Data-Driven Approach: Utilize data and metrics to demonstrate the positive impact of the initiatives that are supporting employee well-being. This is not just tracking how race and gender data have fluctuated over time. Think more holistically and track metrics like employee retention, engagement, and customer satisfaction. It’s important for each of those areas to take the time to assess the effectiveness of the initiatives that are serving to support each of those capacities. Building in feedback systems to learn from those who are utilizing or not utilizing those programs to learn what would ultimately serve them best.
Focus on Professional Development: Training programs offering a one-time workshop to address something like unconscious bias can do more harm than good. Invest in working with a coach or inclusion and equity practitioner who will help the organization build a comprehensive professional development plan so that employees are encouraged to engage in ongoing and continual learning. Nothing stays the same forever, so help your employees stay up to date in their field and in how they engage with each other, customers, and clients–that way everyone can continue to develop and grow through ongoing learning opportunities.
Build systems that support inclusion and equity at the core: For every initiative or specific action, consider how those actions or initiatives will be assessed (i.e. recruitment strategies, promotion processes, and performance evaluations are all good places to start). Nothing we put in place has to stay forever, but we can create check-ins and feedback systems that allow us to see if an initiative is meeting or exceeding our goal. Then when we reflect on the new initiatives being put into place we can more likely show that those actions are contributing to building a more inclusive environment.
Compliance is Key: Ensure your organization adheres to all federal and state equal opportunity laws. Maintain a focus on fair hiring practices and address any potential discriminatory practices.
Employee Resource Groups (ERGs): Encourage and support employee-led ERGs. These groups can foster inclusion and community within the organization by creating spaces for employees to connect and advocate for specific needs. Even amidst push back, ERGs are an intrinsic, self-driven opportunity for an organization to learn from employees what they need to be successful. Consider investing in the Transformative ERG Toolkit I published, which walks organizations through how to set up sustainable and effective ERGs.
Alternative Language: Consider using alternative terms when discussing initiatives that align with DEI principles. Terms like "talent management," "workplace culture," and "employee well-being" could comply with the restrictions and still center employee wellbeing.
Focus on Specific Initiatives: While certain programs may need to be retired based on the legislation, explore initiatives like holistic professional development plans or mentorship programs that are still permissible.
Focus on Internal Policies: Implement internal policies that support inclusion and diversity within the organization regardless of external limitations. This might include setting inclusion goals, building systems for feedback, ensuring managers are using inclusive management practices, or establishing an ombudsperson for employee concerns.
What strategies like these are you already utilizing within your organization? I’d be happy to help you get started or consider what your next steps could be. Reach out to me to work together.
