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Employers play key role in national reckoning on racial disparities

July 2020 employment law letter
Authors: 
Richard I. Lehr, Lehr Middlebrooks Vreeland & Thompson, P.C.

The Black Lives Matter movement emerged in 2013 after George Zimmerman was acquitted in the shooting death of Trayvon Martin. The recent killings of George Floyd and others have resulted in the movement expanding beyond the issues of law enforcement and race—they’ve resulted in a national reckoning on racial disparities in several regards, including income, education, and healthcare. Statues are coming down, names of forts, buildings, and highways are changing, and employers in all sectors have pledged financial support to confront the inequalities. Yet, the greatest responsibility for addressing the disparities will be for employers to assess their policies and practices. Illegal discrimination is hard to prove. But, the absence of proven bias doesn’t necessarily mean the presence of equal opportunity.

4 things you should examine

By no means do we claim to be social scientists with a blueprint to address the full scope of the inequalities. But here are some things you should consider:

Access to hiring, promotions. First, assess your recruitment practices. Do they reach people of color?

Rarely are factors employers consider for hiring and promotions found to be discriminatory, yet certain elements may be barriers to applicants and employees of color. For example, is a college degree truly necessary for all jobs that require it, particularly for promotions? If appropriate for the job, consider changing the qualifications to “college degree preferred” or “college degree or relevant experience required.”

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