This Just In ...
Employers Walk Fine Line with Diversity Statements
As the legal battle over recent executive orders on diversity and inclusion continues, employers are advised to audit the language used in their career sites and recruitment materials. While promoting diversity aims to expand applicant pools and improve employer branding, certain wording could now face scrutiny.
What’s the Problem?
Experts warn that messaging perceived as showing hiring preferences or quotas based on race, color, religion, sex, or national origin may draw attention. Phrases like “diverse candidates are encouraged to apply” and “diversity is a plus” are vague on what diversity means and could make some applicants feel excluded. Stating workforce targets for representation or that diversity is “part of the company’s DNA” also risks implying improper preferences.
Legally, equal employment opportunity statements remain essential, but removing them could wrongly signal discrimination. Affinity group references must specify openness to all. Photos should reflect workforce diversity without appearing to favor particular demographics.
As reverse discrimination complaints rise, plaintiffs’ attorneys are monitoring careers pages. Employers would be wise to audit site language and overall diversity, equity, and inclusion policies to mitigate legal risks under attorney-client privilege.
Walking the Fine Line
Rather than eliminate diversity sections, experts recommend clarifying the simultaneous commitments to inclusion and nondiscrimination. Employers can share their interest in attracting wide, qualified talent pools while following nondiscriminatory hiring practices.
Word choice matters greatly. What companies intend to convey may differ drastically from what applicants infer. Terms requiring careful use include “diverse,” “diversity,” “minorities,” “encouraged,” and “seeks.”
For instance, stating the company “seeks to have a workforce reflecting community demographics” could imply quotas. Alternatives like “building a workforce with wide-ranging perspectives” avoid references to specific groups. Describing concrete inclusion programs also demonstrates commitment without alluding to improper preferences.
This Just In ... Employers Walk Fine Line with Diversity Statements
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