DEI Gap Analysis and Compliance Check
Public, private and nonprofit organizational policies and practices related to diversity, equity, and inclusion (DEI), are increasingly being scrutinized as a result of the recent decision of the US Supreme Court in July 2023 that invalidated the use of race/ethnicity in college admissions (Students For Fair Admissions, Inc. (“SFFA”) v. Harvard; SFFA v. University of North Carolina).
However, the court’s decision did not address employer efforts to foster diverse and inclusive work-forces, or to engage the talents of all qualified workers, regardless of their background. It remains lawful for employers to implement diversity, equity, inclusion, and accessibility programs that seek to ensure workers of all backgrounds are afforded equal opportunity in the workplace.
Now that DEI programs have a brighter spotlight shining on their policies and practices as a result of the Supreme Court’s decision, public, private and nonprofit organizations must prepare to justify their DEI programs and show how they are in alignment with equal opportunity laws and do not violate federal, state or local anti-discrimination laws.
Our DEI Gap Analysis and Compliance Check includes the following:
• Evaluate existing policies and practices within core operations including; employment (recruiting, hiring, promotions, compensation, retention) purchasing and procurement, service delivery and programs, and community stakeholder engagement (boards and committee representation)
• Evaluate and assess employee resource (ERGs) and affinity groups including DEI task-forces, committees and their structures, participation criteria and core functions
• Measure representation in the workforce and leadership, and evaluate fairness in pay and workplace opportunities
• Assess DEI training and educational programs effectiveness and best practices in providing training to all staff
• Examine the established practices for reporting DEI-related issues, and ensure they are effective and culturally responsive