News Alert: The Institute for Workplace Equality Public Town Hall Meeting on OFCCP Developments – October 22, 2020 2-3PM EDT
Our affiliate, FortneyScott is a co-founder of The Institute for Workplace Equality, and The Institute has facilitated this important meeting with OFCCP on October 22nd to address the new EO limiting diversity and inclusion training and other developments. Read more and register.
Tips for improving, maintaining inclusion in a remote workforce
During the global pandemic, organizational leaders and HR professionals have been challenged with managing a remote workforce. Along with increasing social justice issues and concerns raised by the Black Lives Matter (BLM) movement, organizational leaders are now focusing their diversity, equity, and inclusion (DEI) efforts on ensuring remote workers not only feel included in the efforts but are included as well.Why inclusion mattersHaving workplace diversity is becoming a more desired outcome for employers. They recognize that a collaborative and creative work environment not only drives business growth but also increases sustainability in a competitive space.As leaders focus on diversity efforts, however, they often fail to zero in on inclusion, which is an essential and key component to successful DEI programs. Inclusion matters and affects not only how workers feel but also how engaged they are with their work and their commitment to their employer. According to Gartner Research, a 20% increase in organizational inclusion translates into:
- A 6.2% increase in on-the-job effort;
- A 5% increase in an employee's desire to stay with an organization; and
- A 3% increase in individual job performance.
3 ways to boost inclusion in remote workforceHere are three key ways to increase and support inclusion in your remote workforce:
- Establish ERGs. Employee resource groups (ERGs) are identity or experience-based groups that build community. They're very useful in developing DEI programs because they provide an opportunity for employees who share common identities to meet and support one another while building a sense of inclusion within an organization. The groups can be a valuable resource and help employers to learn and identify employee perceptions, concerns, and activities.
- Create sense of belonging. Having a sense of "belonging" is an important and critical factor for developing and improving workplace inclusion. The overwhelmingly large percentage of employees working remotely still need to feel they're valued and cared for within the organization. HR leaders should ensure managers and supervisors interact with their workers and teams on a consistent basis.
You can create a sense of belonging by recognizing and acknowledging good work or accomplishments and hosting virtual team meetings. During the gatherings, try to simulate interactions that would typically occur in the workplace, such as "coffee breaks," which would naturally allow workers to convene and interact with one another.
- Talk about inclusion. It's vital for organizational leaders to understand their role in ensuring and supporting inclusion with a remote workforce. A crucial step is to communicate the organization's position on inclusion.
Maintaining consistent and effective communication is "key" to worker engagement and trust. They need to hear from leaders, HR partners, and managers. Be consistent in practice, and follow through on any communicated promises.
Takeaway
With remote work continuing because of the pandemic and DEI efforts strengthening because of #BLM, you must find ways to ensure your entire workforce feels included.
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Executive Order 13950 – Combating Race and Sex Stereotyping
On September 22, 2020 the “Executive Order on Combating Race and Sex Stereotyping” was signed and released by the President of the United States. This order will have a significant impact on efforts of HR Practitioners have regarding Diversity, Equity & Inclusion training within their organizations. The Executive Order applies to federal contractors, federal agencies and the military.
The Executive Order stated that it is seeking “to combat offensive and anti-American race and sex stereotyping and scapegoating”. Therefore, mandated Diversity, Equity & Inclusion trainings should be free of the following:
- "Divisive concepts" means the concepts that:
- one race or sex is inherently superior to another race or sex;
- the United States is fundamentally racist or sexist;
- an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
- an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;
- members of one race or sex cannot and should not attempt to treat others without respect to race or sex;
- an individual's moral character is necessarily determined by his or her race or sex;
- an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
- any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or
- meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. The term "divisive concepts" also includes any other form of race or sex stereotyping or any other form of race or sex scapegoating.
- "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.
- "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. It similarly encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.
Needless to say the Executive Order has caused a great deal of concern and confusion for HR Practitioners, not only with regards to what it requires of federal contractors and agencies, but also as to what additional information may be requested, the request to review of materials, what is the effective date and the fact that the Office of Federal Contract Compliance Programs has already established a hotline to investigate complaints. However, the bigger question, is:
Does Executive Order 13950 prohibit unconscious bias or implicit bias training?
Unconscious or implicit bias training is prohibited to the extent it teaches or implies that an individual, by virtue of his or her race, sex, and/or national origin, is racist, sexist, oppressive, or biased, whether consciously or unconsciously.
Training is not prohibited if it is designed to inform workers, or foster discussion, about pre-conceptions, opinions, or stereotypes that people - regardless of their race or sex - may have regarding people who are different, which could influence a worker’s conduct or speech and be perceived by others as offensive.
WPHR in partnership with our affiliated law firm, FortneyScott is working with clients to submit additional questions for the Agency to include in future FAQs, and strongly recommends that federal contractors have legal counsel review their Diversity, Equality and Inclusion training and affirmative action programs to ensure the training and affirmative action programs do not violate the new EO and OFCCP’s current enforcement protocols.
Many organizations have concerns and questions regarding the Executive Order and we will continue to keep you up to date as information becomes available.
A Message from WPHR and our Affiliate, FortneyScott
Racism has no place in our society.
We at FortneyScott and WorkPlace HR are deeply saddened by the senseless deaths of George Floyd, Breonna Taylor and Ahmaud Arbery, as well as the recent incidents of violence, racism, and intolerance taking place in communities throughout our nation. The subsequent protests reflect the righteous pain, anger and frustration that African Americans and all of us feel about racism. Compounding this injustice is the disproportionate illness and death rates in the African American and Latino communities and the rise in harassment of people of Asian descent due to the pandemic.
The attorneys and staff of FortneyScott and WorkPlace HR have dedicated their careers to advancing equal opportunity and affirmative action in the workplace and human rights across the globe. We are committed to creating a fair, just and inclusive society.
The outpouring of support by people of all races and cultural identities in peaceful protest serves as both a challenge and reminder that achieving equality is not solely the responsibility of communities of color but of everyone. Each of us must step up, speak out, and help address our Nation's shortcomings. At FortneyScott and WorkPlace HR, we are working with our clients to achieve the goal of equal opportunity. We want to ensure that Dr. Martin Luther King Jr.'s dream — that all children will "one day live in a nation where they will not be judged by the color of their skin but by the content of their character" — becomes a reality.
David Fortney
Jacqueline Scott
H. Juanita Beecher
Deirdre Bell
Elizabeth Bradley
Alyson Cina
John Clifford
Burton Fishman
Valerie Higgs
John Hine
Yolanda Hunter
Adriana Joens
Consuela Pinto
Leslie Silverman
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