By DONEISHA POSEY

Following the U.S. Supreme Court’s ruling against race-conscious admissions in higher education, corporate leaders fear that the ruling may cause additional scrutiny and legal challenges to their current DEI initiatives. To navigate this challenging landscape, CEOs must act intentionally and not abandon effective DEI practices out of fear.

Reducing Legal Risk

Private employment falls under Title VII and is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act has long established the illegality of considering an individual’s race in any employment decision. This means that employers cannot reserve seats or set quotas based on race or protected classes. These foundational principles have shaped the boundaries of permissible actions regarding race in the workplace for decades and EEOC Chair Charlotte A. Burrows has emphasized that the SCOTUS decision has no bearing on its work. In a statement, she said, “It does not address employer efforts to foster diverse and inclusive workforces 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.”

The recent Supreme Court ruling on affirmative action reaffirms that race-conscious hiring practices are permissible but within specific parameters. They should be part of limited, temporary, and highly structured voluntary affirmative action programs. Importantly, these programs should only be implemented when employers can demonstrate evidence of company-wide or industry-wide hiring discrimination, with the goal of rectifying existing imbalances without causing “undue harm” to members of non-targeted groups. For employers adhering to these guidelines, there is no need for panic or extreme measures.

Overreacting by eliminating race-related affinity groups, avoiding the words “race” or “diversity” in the workplace, or discarding DEI as a strategic approach is harmful and not reflective of a genuine legal risk. Most workplace DEI programs align with established legal precedents and are unlikely to be significantly affected by the Supreme Court’s recent ruling.

Collect Data to Identify Disparities

Some leaders may be tempted to avoid collecting racial data altogether to minimize legal risks in the aftermath of the Supreme Court’s affirmative action ruling. However, this approach oversimplifies the complexity of the issue and may expose companies to greater risks. While using individual racial data to influence hiring decisions is illegal, aggregating racial data for the overall candidate pool to identify disparities is not only reasonable but advisable.

Collecting demographic data across various aspects of employment, such as employee engagement, promotion rates, turnover, and retention, serves as a powerful tool to uncover disparities resulting from existing practices, past discriminatory actions, or historical labor pool limitations. These criteria are explicitly listed in the Equal Employment Opportunity Commission’s (EEOC) Voluntary Affirmative Action Guidelines. Systematically collecting and analyzing this data offers valuable insights into areas where practices may inadvertently disadvantage certain groups. Subsequently, organizations can take proactive steps to address these issues.

Beyond mitigating legal risks, collecting demographic data is a highly effective tool for ensuring DEI initiatives yield measurable impact. It provides baseline information to track progress and assess the effectiveness of diversity, equity, and inclusion efforts, enhancing transparency both internally and externally. Data-driven approaches empower companies to move beyond intentions and effect tangible, positive change in the workplace.

Using Racial Data to Eliminate Barriers

A common misunderstanding about DEI initiatives is the belief that addressing racial disparities equates to giving preferential treatment to marginalized groups at the expense of others, particularly white employees. This notion is far from reality and has long been illegal practice. The most effective DEI programs use racial data not to favor one group over another but to identify and eliminate barriers that impede fairness and equity for everyone.

Consider a workplace scenario where racial data reveals a significant gap in promotion rates among employees of different racial backgrounds. Instead of resorting to preferential treatment, an equitable DEI approach investigates the root causes of this disparity. It may uncover that underrepresented employees have limited access to mentorship opportunities, are less likely to participate in leadership development programs, or face unconscious bias during performance evaluations.

Armed with this information, organizations can develop targeted initiatives to address these systemic barriers. For instance, they might institute mentorship programs open to all employees, ensuring equal access. This approach levels the playing field for everyone, irrespective of their racial background.

Using Racial Data to Design Fair Processes

Racial data plays a pivotal role in identifying disparities and designing fair and inclusive processes. The Mansfield Rule is a notable initiative that exemplifies how organizations leverage this data-driven approach to address industry-wide discrimination. This initiative, named after Arabella Mansfield, the first woman admitted to practice law in the U.S., focuses on rectifying systemic gender and racial disparities in the legal industry.

Initiatives like the Mansfield Rule are not about providing preferential treatment to underrepresented candidates in hiring. Instead, they provide organizations the opportunity to be more intentional in expanding their candidate pool before the hiring process begins. Using racial data, organizations implementing such practices can assess workforce demographics, identify diversity gaps, and strategically design processes to eliminate these disparities. This ensures every candidate competes on an equitable playing field.

Using Racial Data to Demonstrate DEI Progress

The wake of George Floyd’s tragic murder in 2020 prompted a significant call to action, leading many organizations to embrace DEI initiatives. A LinkedIn study revealed that Chief Diversity and Inclusion Officer positions grew by 168.9% between 2019 and 2022. However, a shift is occurring, with many of these positions being eliminated in various industries. Organizations that cannot provide evidence-based reasons for their DEI programs may find themselves relegated to short-lived trends.

For organizations genuinely committed to DEI, collecting, and utilizing racial data to showcase racial disparities or unmet needs can be invaluable. This data serves as concrete evidence of an organization’s dedication to rectifying systemic imbalances. By employing this data-driven approach, organizations not only justify the continuation of their DEI efforts but also chart a course toward a more equitable future.

As organizations navigate the evolving landscape of DEI, race-conscious programs and policies should be implemented as part of limited, temporary, and highly structured voluntary affirmative action programs. Being intentional, focused, and steadfast in the pursuit of DEI allows companies to continue their practices, ensuring that access and opportunity extend to all members of their workforce. This commitment not only promotes organizational success but also contributes to building a more just and equitable society for all.

At Black Onyx Management, we help companies manage for equity. Specifically with our Accompliceship in Action program, we help companies move from making statements about equity to taking action. If you’re ready to take action and use your racial equity data in an intentional, effective and legal manner, contact us at doneisha@blackonyxmanagement.com.

Doneisha Posey, Esq is Vice President and General Counsel for Black Onyx Management, Inc. A former Vice President for Diversity, Equity, and Belonging for Ivy Tech and a former Administrative Law Judge and Deputy Director and General Counsel for the Indiana Civil Rights Commission.

The information provided in this article is intended for general informational purposes only. The content is not intended to be, nor should it be construed as, legal advice. As an attorney, the author of this article offers insights based on their professional experience, but readers are strongly encouraged to consult with qualified legal professionals for advice on specific legal matters.

By TIFFANY HANSON

In the dynamic and diverse business landscape of Indianapolis, supplier diversity has emerged as a pivotal force for progress, fostering equitable opportunities for businesses led by women and minorities. It’s not just a corporate initiative but a community-wide endeavor where every individual has a role to play and can actively contribute to this transformative movement.

Consider this: A study conducted by the Institute for Economic Empowerment of Women found that for every dollar spent at women-owned businesses, 76 cents goes back into the community. For minority-owned businesses, the figure is 68 cents. This highlights the direct correlation between where you choose to shop and the economic vibrancy of your community.

Acting as Intentional Consumers

Indianapolis is home to a rich tapestry of businesses, and many of them are owned or led by women and minorities. The power of consumer choices cannot be underestimated. By intentionally patronizing these businesses, residents of Indianapolis can contribute significantly to economic empowerment.

And while Indianapolis is a city with a thriving entrepreneurial spirit, it’s not without its challenges. Many women and minority entrepreneurs face barriers to entry, such as limited access to capital and networks. By consciously selecting their products and services, you become a partner in their journey and their success.

Small businesses, especially those owned by women and minorities, are critical for job creation and local economic development. In Indianapolis, these businesses employ thousands of people and contribute significantly to the city’s tax base. Your choice to support them helps sustain and build upon these job opportunities.

Developing Equitable Corporations

The impact of supplier diversity extends far beyond retail. Small business owners and corporations alike can play a pivotal role in diversifying their vendor pool. By considering women- or minority-owned law firms, consulting services, and other professional services, businesses of every size can help create a more inclusive, statewide business ecosystem.

Supplier diversity isn’t just about financial transactions; it’s about building a more inclusive and vibrant community. Supporting women and minority-owned businesses fosters a sense of unity and empowerment. It sends a powerful message that diversity is not only celebrated but embraced as a cornerstone of growth and prosperity.

Building a United Community

Your actions don’t stop at the cash register. When you choose to support women and minority-owned businesses, you inspire others to do the same. Word of mouth, social media, and local recommendations can create a ripple effect that boosts the visibility and success of these businesses. And if you don’t know where to get started, here are a few places to lean in:

• Inclusion Consultant Network (ICN) is a Latina-owned consulting firm committed and focused on providing clients with cultural competency training and services to answer industry-specific equity issues.
• Mid-States Minority Supplier Development Council (MSDC) is a part of the nation’s most dynamic force in developing successful relationships between America’s top corporations and supply-chain providers from the Asian, Black, Hispanic, and Native American communities.
• Women’s Equity (WE) Brunch Indy exists to connect women committed to advancing equity in Central Indiana. WE Brunch Indy offers diverse and inclusive programming that helps women find community, access mentorship, and grow equitably in their communities.
• Indianapolis Urban League (IUL) exists to empower African Americans and disadvantaged individuals to achieve social and economic equality and improved quality of living through programs, services, and advocacy in education, workforce development, entrepreneurship, health, and housing.

Supplier diversity isn’t a buzzword; it’s a transformative movement that can reshape the economic and social fabric of Indianapolis. By being intentional about where we invest our money, both at work and recreationally, we can actively contribute to a more inclusive and equitable community.

As consumers, we have the power to create change, one purchase at a time. Let’s choose to invest in businesses that reflect the diverse and vibrant spirit of our beloved city. Together, we can nurture inclusivity and build a brighter future for all.

By PATRINA WILLIAMS

In the heart of Indiana, a powerful movement is underway—one that is reshaping the landscape of healthcare access and economic opportunity for underserved communities. Business As Usual Consulting, a pioneering organization, is not just teaching homecare workers how to start successful businesses; it’s fostering a revolution in healthcare accessibility. Through their coaching and support, Business As Usual has empowered over 100 individuals—over the last 18 months—to realize their entrepreneurial dreams while simultaneously creating an inclusive network of homecare providers that is improving the quality of life for people of all ages, abilities, and health conditions.

The significance of homecare facilities, particularly for underserved communities in Indiana, cannot be overstated. Historically, marginalized communities have faced disparities in accessing adequate healthcare services. These disparities are often exacerbated by financial limitations, geographical barriers, and cultural differences. Business As Usual Consulting is tackling these issues head-on by empowering homecare workers to establish their own businesses, thereby addressing both the economic and healthcare challenges faced by minority communities.

One of the most remarkable aspects of Business As Usual’s approach is its emphasis on business ownership as a vehicle for empowerment. Through their ongoing coaching and guidance, individuals are not only discovering their path to financial self-sufficiency but are also becoming integral parts of a larger mission—a mission that revolves around creating a network of homecare providers that transcends socioeconomic and cultural boundaries, ensuring that quality care is accessible to everyone, regardless of their background.

The transformative impact of Business As Usual’s efforts goes beyond just financial gains. By nurturing homecare entrepreneurs, the organization is nurturing a culture of compassion and support. Homecare workers, armed with the skills and knowledge to create successful businesses, are also equipped to provide holistic care that extends beyond medical assistance. This compassionate approach enhances the overall well-being of patients and their caregivers, contributing to a more balanced and harmonious quality of life.

Central to Business As Usual’s vision is the concept of accessibility. They are not merely focusing on creating businesses; they are creating a web of interconnected homecare providers that cater to diverse needs. The organization’s commitment to serving people of all ages, abilities, and health situations is a testament to its dedication to inclusivity. This approach not only enriches the lives of those receiving care but also supports the caregivers who often undertake the vital yet challenging role of supporting their loved ones.

As Business As Usual’s impact radiates across Indiana, it is sowing the seeds of a more equitable healthcare system. By enabling homecare entrepreneurs to establish sustainable businesses, the organization is fostering economic growth within minority communities. This, in turn, bolsters local economies and contributes to the overall well-being of the state.

In a society where healthcare can be a luxury and access a challenge, Business As Usual Consulting is a beacon of hope. Through their coaching, they are empowering individuals to not only secure their financial futures but also to provide a service that touches lives and uplifts communities. By creating a network of homecare providers, they are paving the way for a more accessible and compassionate healthcare landscape.

Interested in learning more or connecting with Business As Usual Consulting? Registration is now open for the Millionaire Billionaire Trillionaire Homecare Conference on September 8-9 in Indianapolis. Tickets and sponsorship opportunities can be secured through Eventbrite.