It’s no secret that diversity, equity and inclusion (DEI) is a hot-button issue in today’s political and professional landscape. As discussions about DEI initiatives have gained prominence in the United States and beyond, many businesses have found themselves re-evaluating hiring practices and workplace policies to align with changing legal requirements and ethical diversity standards.
Historically, DEI laws have served as a foundation for creating fair and inclusive workplaces and ensuring that individuals of all backgrounds have equal opportunities for professional advancement. Even in the face of recent changes to DEI policies in federal workplaces, it is vital for individual business owners and others within the private sector to stay informed about best practices for cultivating inclusivity.
Here is a brief overview of some key DEI considerations and a cursory look at some tools and resources available for enhancing diversity, equity, inclusion and accessibility in the workplace.
Diversity, equity and inclusion: The basics
DEI laws and recommendations were designed to prevent discrimination on the basis of protected characteristics like race, gender, age, and disability status within professional and educational environments. In the United States, DEI laws take many different forms and are applicable in a variety of different contexts, but all these standards share the express intention of providing more equitable access to professional advancement for individuals of marginalized backgrounds, identities and abilities.
Because there is no one-size-fits-all approach to fostering inclusivity, there are a variety of different requirements and standards that business leaders must keep in mind when working to develop equitable work environments. Here are a few of the most widely regarded laws pertaining to diversity, equity, inclusion and accessibility in the United States:
The Americans with Disabilities Act (ADA)
The ADA was enacted by Congress in 1990 in an effort to curtail discriminatory practices that unfairly marginalized individuals with disabilities in work environments, public spaces and information technology and communications. Under the standards set by the ADA, employers in the United States must provide reasonable accommodations for employees with disabilities to ensure that all workers have uninterrupted, equitable access to job opportunities and workplace facilities.
While the ADA was originally intended to outline accessibility requirements for physical spaces like government buildings and modes of public transportation, courts in the United States have repeatedly held that the ADA’s core tenets should also be applied to virtual spaces like websites and mobile apps. These digital considerations have become exponentially more vital in recent years, as the rise of remote work has highlighted the need for accessible and inclusive online spaces. Today, business owners are expected to take steps to ensure their online communications, content and training materials are fully accessible to individuals with disabilities, neurodivergent conditions and specific learning needs.
The Civil Rights Act
The Civil Rights Act of 1964 is one of the most significant diversity and inclusion laws as it explicitly prohibits discrimination based on race, color, religion, sex or national origin. Title VII of this Act specifically addresses workplace discrimination by making clear that employers must make fair and unbiased decisions with respect to hiring, promotions and workplace policies and procedures.
Notably, in 2019, the United States Supreme Court ruled that the provisions of Title VII of the Civil Rights Act extend also to employees who identify as gay or transgender, effectively making LGBTQIA+ individuals members of a legally protected class. The Civil Rights Act also prevents employers from discriminating against employees who are pregnant or who might become pregnant.
The Age Discrimination in Employment Act (ADEA)
The ADEA, passed in 1967, protects individuals aged 40 and older from workplace discrimination. With recent estimates suggesting that over a third of the US essential workforce consists of people aged 50 and over, ensuring age-inclusive hiring practices and career advancement opportunities is increasingly important for employers aiming to comply with diversity hiring laws.
Yet again, the growing emphasis on remote and hybrid work arrangements is further revealing gaps in workplace equity and inclusion, as older employees may need more tailored support to utilize digital tools and resources. Physical disabilities are also particularly prevalent in older populations, making it even more crucial for employers to offer accommodations when asking employees to utilize digital tools and technologies.
Global diversity legislation
While the US has set significant precedents in workplace diversity laws, similar legislation exists worldwide. The United Kingdom’s Equality Act of 2010, for example, consolidates various anti-discrimination laws and ensures protection against unfair treatment based on age, disability, gender, race, religion or sexual orientation.
Many European countries, as well as Canada and Australia, have adopted comparable frameworks to promote workplace inclusivity and prevent discrimination. Though these laws vary in their scope and enforcement, they all share the common goal of fostering fair employment opportunities and reducing workplace bias.
Impact of diversity laws on hiring practices
For businesses, compliance with diversity laws begins before an employee is even hired. Effective DEI implementation requires that business owners and management teams develop hiring practices that eliminate bias and provide a level playing field for all prospective employees.
To that end, many companies are rethinking their recruitment strategies to make the hiring process more accessible and inclusive for people of diverse backgrounds and abilities. This might look like relying on blind resume reviews to prevent unconscious bias or providing live-captioning of virtual interviews to ensure accessibility for interviewees with disabilities. Organizations that embrace these kinds of strategies not only reduce the risks associated with sub-par legal compliance but also enhance their ability to attract diverse talent with unique strengths and viewpoints.
Inclusive workplace policies
While diversity laws create a legal framework for workplace inclusivity, fostering a truly inclusive culture requires more than just a focus on compliance. Rather, business leaders must adopt intentional policies that put people first across every facet of their organizations. Ongoing training and team-building initiatives, for example, can play a vital role in creating a culture of inclusivity.
Additionally, flexible work arrangements and leave policies can help to proactively support employees with various support needs and empower professionals of diverse backgrounds and abilities to optimize their work performance.
Monitoring and reporting compliance
Ensuring compliance with diversity laws is an ongoing process that requires regular assessment and transparency. Many organizations conduct annual DEI and accessibility audits to evaluate their policies and identify areas for improvement. Employee and customer feedback can also provide valuable insights into company culture and public brand perception related to inclusivity.
At any given moment, an employee or member of the public could file a complaint against a business alleging discriminatory hiring or professional practices, so ongoing assessment and documentation of compliance efforts can be critical accountability and regulatory measures. Transparency goes a long way towards fostering public confidence in a company, business or brand, and professionals are encouraged to engage in open and honest conversations about the work they are doing to provide inclusive and accessible experiences and environments for all.
Access tools and resources
Recent advancements in technology have made it easier for organizations to comply with DEI laws and enhance workplace inclusivity, particularly as it pertains to supporting employees with disabilities. In recent years, many companies have turned to services like Verbit to help them incorporate tech-based accommodations into their day-to-day operations.
Verbit offers a wide variety of assistive technology solutions like captioning, transcription, translation and audio description that can be used to effectively cater to employees and community members of diverse backgrounds and abilities. With a variety of cost-effective and customizable options, Verbit offers business leaders unparalleled access to and control over technology solutions that can help them comply with critical legal requirements while fostering a workplace culture centered around enthusiastic inclusivity.
Shaping workplace inclusivity
DEI laws have played a role in shaping workplace inclusivity by ensuring that all employees have equal opportunities to succeed. While legal compliance is essential, organizations that go beyond the minimum requirements and actively work toward inclusivity will see benefits in employee satisfaction, brand reputation and overall business success.
Even in the face of changing legal guidelines, business leaders across every industry can proactively invest in solutions and strategies to help them cultivate a supportive work environment for all their community members. By adopting inclusive hiring practices, investing in accessibility tools and continuously re-evaluating their diversity efforts, companies can establish a reputation for putting people first while creating business environments that work for everyone.
If you’re interested in learning more about how you can champion diversity, equity, inclusion and accessibility within your community – even within our changing sociopolitical landscape – reach out today to speak to a member of the Verbit team.
