Legally Speaking: Fostering Diversity in the Workplace

T Clement
Thomas P. Clement, MRA Vice President, Operations & General Counsel

By TOM CLEMENT, MRA VP, Operations and General Counsel

diversity

Diversity is a strength to the institutions we hold close in our country. Whether who we live near, socialize with, praise next to, or work closely with, a diverse environment only improves the collective whole. Throughout our history the value of every individual has been identified through our founding documents, landmark legislation, court rulings and the writings or words of our greatest authors and orators.

Our founding declaration poetically sets forth that “[W]e hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Declaration of Independence, July 4, 1776. Over the course of history, we have experienced both success and failures in the pursuit of this ideal. Among our successes we count the abolition of slavery, the adoption of the Civil Rights Act of 1964 and, in Michigan, the enactment of the Elliot Larsen Civil Rights Act in 1976. Despite all of these successes, the pursuit of equality continues and a diverse workplace is a significant factor in achieving that goal.

The moral argument in favor of a diverse workplace should be a sufficient enough incentive for employers, but multiple studies show that the benefits go much farther than a moral prerogative. Data shows that diversity in the workplace tends to bring about increased profitability, creativity and problem solving abilities brought about by input from individuals with their own backgrounds, perspectives and ideas. A 2017 Harvard Business Review study found, among other data points, that gender diverse companies are fifteen percent more likely to outperform their competitors and ethnically diverse companies are thirty-five percent more likely to do the same. Businesses are always striving for a new way to look for business opportunities. What better way to achieve this than to draw on the ideas of a collection of individuals, each of whom sees the world through a different lens.

“We all should know that diversity makes for a rich tapestry, and we must understand that all the threads of tapestry are equal in value no matter what their color.” – Maya Angelou

While desiring a diverse workforce is both the right objective and good for business, achieving it is not always as easy. I have received a number of inquiries from business owners who complain that their applicant pool is devoid of diversity despite their best efforts. While some of this may be attributable to geographic location, type of business or any number of other factors beyond the control of the business owner, there are steps that can be taken to increase the likelihood of a diverse applicant pool.

diversityFirst, make your intentions clear both internally, with your policies, and externally, with the nature of your job postings. Every business should have an anti-discrimination policy that is made clear to every existing employee. The policy can be simple yet should clearly state that the business prohibits discrimination and provides equal employment opportunities without regard to race, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, sex or age. Externally, you should make clear on your job postings that your business welcomes diversity and all individuals are encouraged to apply. Certain job descriptions for employment with the state of Michigan say very simply “We are committed to ensuring a diverse workforce and a work environment whereby all employees are treated with dignity, respect and fairness.” This language is direct, clear and something you might consider for your own postings.

Second, you should take care to ensure that your job postings do not unintentionally signal one type of candidate over another. First, gender and other group specific terms should not be used. Second, job descriptions should be focused on the job itself rather than discouraging applicants who may not possess certain “nice to have” skills. Studies show that men regularly apply for jobs despite only possessing sixty percent of the desired skills, while women tend to apply only if they meet one hundred percent of the desired skills.

Third, use a hiring process where the initial review of resumes is done blindly so that the focus is exclusive to the merits. Finally, consider evaluating candidates based upon a structured interview and scoring process whereby every applicant answers the same questions under an identical scoring structure. Using this scoring process does not mean you cannot consider factors such as likeability and ability to fit within the organization, but it does help narrow subjective decision making.

diversityFor many businesses, a diverse applicant pool may be unlikely even if all of these steps are adopted. If this is the case, one additional course of action may be a review of where you are posting open positions. Your business website, the local newspaper and word of mouth are obvious ways to get the word out, but these mediums may not reach the diverse applicant pool you seek.

Consider expanding the posting beyond one newspaper, perhaps into a community that is more diverse than your own. There are also a number of online posting opportunities that promote diversity hiring and which can be located through a simple Google search. This may not be an ideal approach for smaller businesses or in rural locations, but potentially a viable alternative for some. There is no exact science to achieving a diverse workforce for the mutual benefit of the employee and the business. What’s important is to understand the benefits a diverse workforce brings to society and your business and to actively pursue one.