by Randi B. of “Truthing with Randi B.”
In June, 2023, the Supreme Court ended race conscious admissions processes at colleges and universities across the country. This year, with the federal government abolishing DEI, some corporations have followed suit. It’s a confusing time for small business owners with many asking,”Is my DEI program next on the chopping block?”
But here’s the thing. Your DEI initiatives aren’t dead. Your values are still the same and you still have a diverse mix of employees who all want access to new opportunities, and to feel valued and included. DEI is alive and well, it just needs a makeover.
The Supreme Court ruling specifically targeted college admissions at Harvard and UNC. It didn’t erase workplace protections like Title VII or federal contractor obligations. What is new is targeted scrutiny. Now companies are being targeted, some receiving intimidating letters about their diversity programs, and new legal challenges are popping up.
So what’s a small business to do?
Here are 3 tips for small business owners to navigate diversity after affirmative action and DEI:
1. Don’t Worry About Numbers.
While in the past, diversity was sometimes tracked with numbers, true diversity goes far beyond counting heads. Real diversity is all about creating equal access for everyone regardless of gender, race, health or sexual preference, not about hitting racial quotas.
In a new post affirmative action world, don’t focus on your staff demographics. Instead, look at where you are recruiting. What job boards are you posting to? Have you trained your interviewers to recognize unconscious bias? It’s important to make sure that everyone gets a fair shot at any open positions without raising any legal red flags.
2. Rethink What Diversity Means.
Diversity was never meant to focus solely on race. There are a number of other factors to consider including:
- Socioeconomic background
- Gender identity
- Age differences
- Disability status
- Military experience
- Educational pathways
When we broaden our perspectives, we not only reduce the possibility of legal battles, but we also gain business benefits of having a diverse team including increased creativity, innovation, engagement and access to a broader talent pool.
3. Document Everything.
Regardless of your intention behind your hiring practices, documenting everything is essential. When making any hiring or promotion decisions, clearly record the factors that influenced your decision. This both covers you legally and helps you to make the right ethical decisions.
4. Look Into Your State’s Guidelines.
In today’s diversity landscape, it does matter where your business is located. There are states like New York and Delaware that continue to strongly protect diversity initiatives and states that are working actively to restrict them. Understanding your state’s climate will help you operate and adapt accordingly.
Regardless of rollbacks and Supreme Court decisions, the case for diversity in business remains incredibly strong. Diverse teams make better decisions, different perspectives fuel innovation, and inclusive work places attract top talent.
The key isn’t to abandon DEI and diversity efforts, but to evolve with them. Focus on creating equal opportunities, and remember that diversifying your workplace was never meant to be about checking a box. It’s about creating an environment where everyone can contribute their best work and advance based on merit.
Randi B. is a renowned speaker, author, and go-to expert in the inclusivity and diversity fields. As the visionary behind the “Truthing with Randi B.” brand, she encourages everyone to live unapologetically in their own Truth, just as she does, and to learn from the Truths of others by having open conversations. With 22 years leading an award-winning change management company, Randi’s expertise spans government clients and Fortune 500 companies across seven countries and 41 states.
