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Creating effective (and legally defensible) metrics-driven workplace DEI programs

May 2021 employment law letter
Authors: 
Rae T. Vann, Carlton Fields

Given the renewed national focus on social justice issues and a growing expectation that organizations will work harder to prevent discrimination and remove artificial barriers to opportunities for all, now is an especially good time for you to build greater structure, discipline, and intentionality around your diversity, equity, and inclusion (DEI) efforts. When managed properly, diversity metrics can be an indispensable component of a meaningful, solutions-oriented DEI program. Read on to learn some of the advantages of establishing and maintaining a DEI program as well as tips on how to achieve measurable results without conflicting with the law.

What is a metrics- or data-driven DEI program?

Workplace DEI programs are voluntary corporate initiatives that go beyond compliance-oriented workplace nondiscrimination and equal employment opportunity (EEO) efforts by building an organizational commitment to ensuring individuals from broadly diverse racial, ethnic, gender, cultural, and other backgrounds are recruited, hired, retained, valued, and fully supported at work. As the name suggests, DEI describes three critical components:

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