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Then How Do You Increase Diversity?
This reality raises many issues for employers who, for practical business reasons, truly desire to increase the extent of the diversity in their companies. For instance:
• Is there a way to establish "increasing diversity" as a business goal without running the risk of reverse discrimination suits?
• Can you reward managers who increase diversity in their departments?
• Can you implement special training, mentoring or internship programs geared toward minorities?
• How can you respond to foreign customers who make plain that their relationship with your company will depend on the extent to which you increase the percentage of management employees of that customer's nationality?
There are some things you can do, but they have to be planned and monitored with extreme care with the help of professionals who have been there and done that. A sampling:
• Except in rare circumstances, you cannot set numerical or percentage targets for minority hiring, promotion, training, and so on, but you can implement a voluntary affirmative action plan geared to increase the number of minority applicants who will seek a position with your company. However - and it is a big however -- the Supreme Court has defined certain criteria that must be satisfied in the process, and the implementation of such a plan requires a very careful legal analysis;
• If you head down the road of consciously attempting to increase workplace diversity, you will need a documentation strategy that puts you in a position where you can prove you did the right thing in the event of a legal challenge. The stakes in this arena are too high to leave this to chance;
• You cannot begin a compliant diversity program without first negating any prior, lurking violations. Did anyone in your company previously issue memos or emails directing that certain numbers of minorities be hired, or that certain positions be filled with minority applicants? Are there potentially problematic manuals, handbooks, promotional materials and similar documents in the file cabinets or on back-up computer files? Get rid of the smoking guns, and establish, implement and consistently enforce clear policies that will not breed lawsuits.
It is somewhat ironic that while the creation of workplace diversity remains a favored goal in our society, the easiest and quickest ways to create that diversity remain overtly unlawful. The upshot: you can do what's right, so long as you do it the right way. Let us know if we can help.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
