BUSINESS
By any other name
Benevolent discrimination is still discrimination by Stanton Law LLC
Start with diversity training The co-authors noted that diversity training with emphasis on helping employees work together more effectively and fostering dialogue is a good place to start. But asking employees to sign a pledge or directing employees to meet with a person of another race to discuss racism, while well intentioned, could be going too far. While the employer’s efforts might be considered unbiased and progressive, the latter instances could violate antidiscrimination law, the attorneys stated.
Even the most well-meaning statement or policy won’t satisfy all constituents. Ultimately an employer’s active involvement could add unnecessary complication to an already delicate situation while also running afoul of discrimination laws.
UAC MAGAZINE | FALL 2020
Amid the on-going national and local headlines about protests, social injustice and
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police reform, employers have grappled with whether to make public statements or otherwise take action. Consider internal as well as external ramifications before taking any stand, making a statement or encouraging employee action, wrote Todd Stanton and Amanda Farahany of Barrett & Farahany in a July 10 Fulton County Daily Report article. Even the most well-meaning statement or policy won’t satisfy all constituents. Ultimately an employer’s active involvement could add unnecessary complication to an already delicate situation while also running afoul of discrimination laws.
“Encouraging employees to be mindful of racism is fair game, but requiring specific action based on race is problematic,” Farahany and Stanton wrote.
Focus on things you can control The co-authors encourage employers to focus their efforts in areas over which they have some control.
eliminate explicit race-based directives 4 First, from any message and instead, prioritize
equality, the ultimate goal of Title VII of the Civil Rights Act. Know that while you may feel a moral obligation to start an internal conversation, you have no legal obligation to do so. Keep any conversations uplifting and not too specific, while abiding by employment laws, the coauthors noted.
the company’s and leader’s actions 4 Discuss to maintain a positive work environment
and demonstrate the company’s commitment through equitable employment practices.
consider involving your attorney 4 Finally, in the review process of any new policies, internal or external statements.
