December 20, 2022

Lack of Empirical Studies on the Efficacy of Diversity Trainings Leaves DEI Open to Criticism

Since the Trump administration, but especially since the political and social upheaval of the spring/summer of 2020 employers and businesses, along with many other segments of US society, have placed an increased emphasis on diversity and inclusion in hiring and training practices. The backlash over the last two years has been stark, with broadside attacks against Diversity, Equity and Inclusion (DEI) initiatives, critical race theory allegedly taking over public school systems, among many others.

Much like sexual harassment training, diversity training’s detractors claim that these initiatives have no meaningful effect or even have negative impacts. In a recent op-ed for the Washington Post, Princeton professor of psychology and public and international affairs Betsy Levy Paluck laments that although supporters of DEI initiatives and trainings feel strongly that such methods are the right way to go, there is little solid empirical evidence to refute the criticisms.

This is not because the initiatives don’t necessarily have positive impacts, but rather that there is just a dearth of research about their effects. Professor Paluck recounts her own experience trying to measure the effects and outcomes of a large company’s newly adopted diversity trainings only for the agreement to fall apart weeks before beginning the study over concerns of image and data sensitivity. Despite her best efforts, the company plowed forward with the training without measuring its impacts.

Paluck argues that things must change if initiatives are to work and to shield them from vague political attacks. This means that corporations have to allow their initiatives to be monitored and measured even if there is a chance of some negative PR. Researchers, too, must do their part by helping to create effective measurements that can minimize corporate America’s hesitancy of being studied.

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The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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