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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What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

The Week in FFCRA Complaints

June 26, 2020
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Disability Discrimination
This is the second installment in our roundup of FFCRA complaints. As we noted in the first post, we will be keeping you up to date with all the cases and highlighting the ones that we think have special bearing on our practice, employment law in New York State, or are just particularly noteworthy.

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