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 casesEvolution of DEI policies from positive reception to legal backlashNonexistence of “reverse discrimination”Unlawfulness of quotasAlignment of DEI efforts with organizational core values and goalsRecruitment source expansion to promote diversity in hiringPossible legal challenges on DEI policies employers can faceMeticulous record-keeping necessary to withstand legal scrutiny of hiring practicesIndividual-focused application of Title VII of the Civil Rights Act of 1964Improved outcomes of organizations with diverse workforcesRight-wing political views of DEI programs as charityOmission of intersectionality in the lawIntentionality in creating space for underrepresented voicesDevelopment of employee resource groupsUse 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. Follow eCornell on YouTube, Facebook, Instagram, LinkedIn, TikTok, and X.