Labor / Employment, On The Job

The Importance Of Diversity And Opportunity In This Current Political Climate

Are anti-discrimination laws really increasing the likelihood that there will be diversity in the workplace?

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Right now, we are having national conversations about the type of country we want to be. While some people foolishly believe that anti-discrimination laws no longer apply and engage in ridiculous discriminatory behavior, the real heart of the issue is whether the protections we have granted to some disadvantaged groups should be extended to others. And how far the protections enshrined in law extend.

The Current State Of The Law

Since the first law aimed at encouraging employers to hire employees regardless of their “race” or group, anti-discrimination laws have led to employers dealing with the issue of diversity. Of course, initially it was flat-out rejected, by both the courts and the general population in turn. People went to a lot of effort to avoid any real diversity in their lives, particularly at work, even if it meant denying rights to huge swaths of the population.

But despite what some people may seem to believe, anti-discrimination laws haven’t gone anywhere. And with recent stumbles by major brands, illustrating tone deafness and discriminating against male employees, these laws may be even more needed because of an unintended consequence: anti-discrimination law is increasing the likelihood that there will be diversity at a workplace.

And unfortunately, laws that promote diversity and opportunity they haven’t been wholly successful due to some key issues and limitations. Certain professions, like law and medicine, seem almost immune to diversity efforts. And the public suffers because of it. Only five percent of lawyers and doctors are black. Board rooms remain persistently lacking in diversity. And the problem doesn’t stop there. In general, no well-paying industry looks like the general public for gender or race.

An Attack On Diversity?

With the reality of diversity in America, and the strange response by this current administration, it is unsurprising that some feel that there is an attack on diversity. I think the question of diversity, and whether there is an attack on diversity, is one that requires some nuance for real discussion. We have chiefs of diversity saying that a room full of white men is diverse, because diversity is in your head. And despite their best efforts, the big players in Silicon Valley can’t seem to improve their diversity numbers in any meaningful way. We have numbers of Asian applicants to law school falling at a steady clip. Have we reached the end of diversity?

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I don’t think so, but I do think we need to be sure that when we say “diversity,” we all understand what we mean. We aren’t just looking at skin color. And we also aren’t discounting the importance of physical manifestations of diversity, including gender and race. Diversity is really about opportunity. And the question should be whether everyone has an equal opportunity to succeed without being hampered by irrelevant characteristics. As long as that answer is no, diversity remains important.

Where Do We Go Now?

The federal government has long been a leader and standard bearer on the issues of diversity. But that has been changing in the last decade, and perhaps it’s time to look to the states for ways to expand the protections that diversity needs to flourish. If states are truly the laboratories of government, maybe those laboratories need to get to work finding helpful ways to increase the opportunity for everyone in our country.

We will keep having cake-baker cases, because that is the nature of our democracy; there is push and pull with change. But as we continue to become a more and more diverse country, opportunity must be extended. And in my practice, most of my employers want to do the right thing and are far more inclusive and tolerant than any law requires. They really do seek the best person for a job. But even if we ignore the gaping holes in our education system, the raw numbers say that embracing diversity is not the norm for American employers. Most employers aren’t going to do the right thing on their own.

I enjoy the fact that for all of its shortcomings, this country continues to provide a lot of opportunity for the average person, and continues to strive to do better. People rightly or wrongly continue to believe in the American dream. But some of the new developments are troubling, and I sincerely hope that on the area of employment opportunity for all, states pick up the slack. Because sometimes after I have given advice to one of the many international companies I do work for, regarding employees oversees, and we talk about the differences with how employees are treated, I wonder if we are being left behind.

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beth-robinsonBeth Robinson lives in Denver and is a business law attorney and employment law guru. She practices at Fortis Law Partners. You can reach her at employmentlawgurubr@gmail.com and follow her on Twitter at @HLSinDenver.

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