Home Posts tagged DE&I
Law

Culture Shock

By Tanzi Cannon-Eckerle, Esq.

 

By now, most New England employers have heard the rumblings: the Equal Employment Opportunity Commission (EEOC) is taking a dramatically tougher stance on workplace practices it views as ‘DEI-motivated discrimination.’ What began as a political undercurrent in 2025 has become a fullscale regulatory pivot in 2026, and companies across Massachusetts, Connecticut, and Rhode Island are realizing that the DEI landscape they have operated in for a decade has shifted beneath their feet.

The message from Washington is blunt. EEOC Chair Andrea Lucas has made clear that any employment decision — hiring, promotion, training, or even internal programming — that factors in race, sex, or similar protected characteristics may trigger scrutiny in 2026. The agency is actively reviewing organizations with DEI policies, affinity groups, or diversity-focused hiring or marketing initiatives, signaling a broad and aggressive enforcement posture.

Tanzi Cannon-Eckerle

Tanzi Cannon-Eckerle

“Any employment decision that factors in race, sex, national origin, or other protected characteristics — even with the best of intentions — may now trigger scrutiny.”

That means any employment decision that factors in race, sex, national origin, or other protected characteristics — even with the best of intentions — may now trigger scrutiny. Hiring pipelines, mentorship programs, employee resource groups (ERGs), and even internal messaging are being examined through a new, far more conservative lens.

For New England employers who have long prided themselves on inclusive cultures and progressive workforce strategies, the shift is more than a compliance headache. It is a strategic reckoning.

And increasingly, companies are turning to an unexpected ally to navigate it: fractional general counsel.

 

A New Enforcement Era Arrives

The EEOC’s 2026 enforcement strategy is rooted in a strict interpretation of Title VII, one that treats DEI initiatives as potential sources of ‘reverse discrimination.’ The agency is signaling heightened attention to:

• Hiring or promotion practices referencing demographic goals;

• Diversity-focused recruiting pipelines;

• ERGs organized around protected characteristics;

• Training or leadership programs aimed at specific demographic groups;

• Public DEI commitments that imply preferential treatment; and

• Workplace policies tied to national origin, religion, or COVID19 vaccination.

According to reporting, the agency is even reviewing companies’ websites and public statements to identify DEI-related language. In other words, if it is on your website, it is fair game.

This is particularly relevant in New England, where employers — from Boston’s tech corridor to Springfield’s manufacturing base to Providence’s healthcare systems — have spent years building DEI programs as part of their brand identity. Many now find themselves asking the same question: what does compliance look like in 2026?

 

The New England Challenge: Values vs. Liability

New England companies tend to be values-driven. They care about fairness, community, and workplace culture. They have invested in DEI not because it was trendy, but because it aligned with who they are.

But the EEOC’s new posture means that even well-intentioned programs can create legal exposure. A mentorship program for women in leadership? Risky. A hiring initiative aimed at increasing representation? Risky. An ERG for employees of color? Risky unless structured carefully.

The challenge is not abandoning inclusion — it’s modernizing it. And that’s where fractional general counsel has stepped into the spotlight.

 

Why Fractional General Counsel Is Suddenly in Demand

Most midsized companies in New England don’t have a fulltime general counsel. They rely on outside firms for litigation and occasional advice, but they don’t have someone embedded enough to understand their culture, operations, and risk profile.

Fractional general counsel (GC) fills that gap. It’s a model that gives companies ongoing, strategic legal support, without the cost of a full-time executive. And in a regulatory environment that is shifting monthly, that combination of expertise and affordability is proving invaluable.

Fractional GCs are helping companies:

• Audit DEI-adjacent programs;

• Redesign policies and training;

• Reframe initiatives around neutral, business-driven goals;

• Strengthen documentation and decision making;

• Respond to EEOC inquiries;

• Coordinate with outside litigators when needed; and

• Keep leadership informed as the legal landscape evolves.

In short, they are giving companies a way to stay compliant without abandoning the values that define them.

 

What Fractional General Counsel Actually Does in This Moment

The role goes far beyond reviewing handbooks. In the context of the EEOC’s 2026 crackdown, fractional GCs are functioning as strategic advisors, risk managers, and operational partners. Their roles include:

Conducting DEI Risk Audits. Fractional GCs review everything from hiring practices to ERGs to training modules. They identify where language, structure, or intent may now be interpreted as discriminatory. This includes subtle issues — like job postings that reference ‘diverse candidates’ — that once signaled inclusion but now raise red flags.

Rebuilding Programs Around Legally Defensible Principles. Instead of demographic targets, companies are shifting toward skills-based leadership development, equal-access mentorship programs, workplace civility and respect initiatives, and culture building open to all employees. The goal is to preserve the spirit of inclusion while eliminating legal exposure.

Training Leadership and HR. Managers and HR teams are often the ones making decisions that later get scrutinized. Fractional GCs provide practical training on objective hiring criteria, documentation standards, avoiding demographic preferences, handling complaints, and responding to employee concerns. This reduces risk and increases consistency.

Strengthening Documentation. Documentation is everything. Fractional GCs help companies standardize interview processes, build defensible evaluation frameworks, ensure that promotion and discipline decisions are job-related, and create clear, consistent records. This protects against both traditional and reverse discrimination claims.

Managing EEOC Inquiries. When the EEOC (and their state counterparts MCAD, CHRO, and RICHR) come calling, companies need a steady hand. Fractional GCs coordinate responses, manage communication, gather documents, work with outside litigators if necessary, and keep the business’s perspective front and center. This prevents the operational disruption that often accompanies regulatory investigations.

Providing Ongoing Monitoring. The 2026 enforcement shift is not a one-time event. Fractional GCs stay on top of new guidance, court decisions, agency priorities, and state-level developments.

 

The New England Advantage: Culture Without the Liability

New England companies do not need to abandon inclusion. They simply need to express it in ways that comply with the evolving legal landscape.

The employers who will thrive in this 2026 anti-DEI environment are those who maintain strong workplace cultures, avoid demographic preferences, focus on equal access and opportunity, build legally defensible programs, and stay ahead of regulatory shifts.

 

Attorney Tanzi Cannon-Eckerle is principal and chief legal officer at General Counsel by Cannon, PLLC. Based in Western Mass. and serving companies across the region, the firm focuses on labor and employment law, business law, and fractional general counsel services. With deep experience advising organizations on DEI-related compliance, regulatory risk, and workforce strategy, General Counsel by Cannon helps businesses modernize their policies, strengthen their culture, and stay ahead of the EEOC’s evolving enforcement priorities, without the cost of a full-time legal department; www.gcbycannon.com; [email protected]

Law

Changes in the Workplace

By Erica E. Flores, Esq.

 

Here in Massachusetts, we’ve gotten pretty accustomed to being known as a liberal bastion, a reliably blue populace governed by progressive icons like U.S. Sen. Elizabeth Warren and Gov. Maura Healey. Our laws reflect that ideology, including our many employment laws, which provide broad protections for workers on a wide array of topics, such as discrimination, harassment, retaliation, wage payments, family and medical leave, sick time, and others.

Federal law has never been nearly as protective of workers — for sure, the abysmal federal minimum wage ($7.25 per hour) has not been increased since 2009. But, still, it never really felt at odds with liberal values — just more moderate. Since President Trump took office for the second time, however, federal employment law has been changing at a breakneck pace, and not just via the president’s ever-growing stack of executive orders, but in the federal agencies and the federal courts as well.

Erica E. Flores“Employers here should start thinking about where their policies, programs, and practices are situated in the growing divide between Massachusetts’ liberal employment laws and the Trump administration’s new policies.”

“How does this affect me or my business?” you may be asking yourself. And it’s a fair question. Massachusetts businesses have to abide by the more employee-friendly Massachusetts laws, so a conservative shift in how federal employment laws are interpreted or enforced doesn’t really change employers’ obligations here. Right? Maybe not.

Under the U.S. Constitution, federal law is the supreme law of the land notwithstanding any state law to the contrary. This means that, when a state law conflicts with a federal law, the federal law trumps (no pun intended) the state law, which is rendered invalid and unenforceable. So, if a Massachusetts employment law were found to be in conflict with a federal law, the Massachusetts law would no longer govern. And conflicts are certainly brewing.

 

Executive Decisions

In January, President Trump signed a slew of executive orders, including two addressing “illegal” diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) initiatives, policies, and programs within the federal government and in place at federal contractors, federal grant recipients, and private employers who are subject to federal anti-discrimination laws.

A third executive order requires the federal government to recognize just two gender identities, male and female, as determined by the biological anatomy a person was born with, and to eliminate federal funding for gender-affirming care and the promotion of so-called “gender ideology.”

The latter also prohibits people who identify as transgender and other gender minorities from using single-sex spaces in federally funded facilities that do not conform with their biological sex, and directed the U.S. Attorney General to issue guidance that will “ensure the freedom to express the binary nature of sex and the right to single-sex spaces in workplaces and federally funded entities covered by the Civil Rights Act of 1964.”

The federal government responded swiftly to implement these orders. The acting chair of the Equal Employment Opportunity Commission (EEOC) stated that her priorities will include “rooting out unlawful DEI-motivated race and sex discrimination,” “protecting American workers from anti-American national origin discrimination,” and “defending the biological and binary reality of sex and related rights, including women’s rights to single-sex spaces at work.”

The EEOC and the Department of Justice (DOJ) also published technical assistance documents, offering guidance to employees who believe they have experienced discrimination related to DEI or DEIA programs at work. And the U.S. Deputy Attorney General announced the formation of the Civil Rights Fraud Initiative to investigate and pursue fraud claims against any recipient of federal funds that knowingly violates federal civil rights law.

The initiative will pursue its targets under the False Claims Act (FCA), a law that imposes civil liability on those who make a false statement to the government when seeking payment of government funds. The administration’s theory is that employers who accept federal funds while knowingly violating civil rights laws, or falsely certifying compliance with those laws, defrauds the federal government in violation of the FCA.

As an example, the deputy AG’s memo expressly states that a recipient of federal funding could be in violation of the FCA if it “allows men to intrude into women’s bathrooms.” The memo also encourages private citizens to report suspected DEI-related discrimination to the DOJ and to file their own FCA lawsuits against potential offenders in order to share in any monetary recovery. And the penalties can be steep. Under the FCA, violators are liable for treble damages (three times the government’s actual damages) as well as civil penalties.

 

Pending Appeals

Legal challenges to President Trump’s executive orders are pending, but most remain undecided. Earlier this year, a group of employers obtained a preliminary injunction that would have prevented the DEI/DEIA executive orders from taking effect while their lawsuit was pending, only to see that decision reversed on appeal, a strong indication that the challenge will ultimately fail.

Earlier this month, a federal judge in California blocked the Trump administration from enforcing both the DEI/DEIA executive orders and the executive order on gender identity, finding that the challengers in that case — a group of health centers, LGBTQ+ services groups, and the Gay Lesbian Bisexual Transgender Historical Society — had successfully demonstrated that the orders likely violate their constitutional rights.

But even if that decision is upheld on appeal, it would set the stage for a likely showdown in the U.S. Supreme Court, where a majority of the justices are considered to be conservative. In fact, the court recently ruled that a straight woman could not be required to satisfy a more demanding standard to prove that she was the victim of discrimination based on her sexual orientation than a gay person would have to satisfy, effectively eliminating the concept of so-called “reverse discrimination.”

The unanimous decision concluded that, “by establishing the same protections for every ‘individual’ — without regard to that individual’s membership in a minority or a majority group — Congress left no room for courts to impose special requirements on majority-group plaintiffs alone.”

Meanwhile, a federal judge in Texas recently dealt the LGBTQ+ community yet another blow when it vacated enforcement guidance that had been published by the EEOC last year under President Biden. The guidance in question contained information about workplace harassment based on gender identity, such as intentional misgendering and denial of access to restrooms that align with an employee’s gender identity.

The state of Texas and the Heritage Foundation brought a lawsuit against the EEOC, arguing that the EEOC did not have authority to require employers to accommodate employees’ gender identities in the workplace. A federal judge in Texas agreed, holding that the EEOC could not lawfully expand the definition of ‘sex’ under Title VII of the Civil Rights Act of 1964 to include ‘gender identity’ and ‘sexual orientation’ and that Title VII does not require employers to make accommodations related to employee pronouns, bathrooms, or attire.

Back in the Bay State

Massachusetts law, by contrast, expressly protects employees from discrimination on the basis of gender identity and sexual orientation, and both the Massachusetts Commission Against Discrimination and our state courts have long agreed that denying an employee access to the restroom that corresponds to their gender identity, refusing to respect an employee’s request to use their preferred pronouns, and harassing an employee for behaviors that are believed to be inconsistent with their biological sex are forms of prohibited discrimination in Massachusetts.

Additionally, a group of 15 state attorneys general, led by Massachusetts Attorney General Joy Campbell and Illinois Attorney General Kwame Raoul, published a joint memorandum in March emphasizing the difference between DEI/DEIA programs and so-called ‘affirmative action,’ criticizing President Trump’s executive orders for conflating the two, and opining that the federal government does not have the legal authority to prohibit “otherwise lawful activities in the private sector” or to “mandate the wholesale removal of [DEI/DEIA] policies and practices within private organizations, including those that receive federal contracts and grants.”

How all of this ultimately shakes out remains to be seen, but as conflict between federal employment laws and our state’s laws seems more and more likely, employers here should start thinking about where their policies, programs, and practices are situated in the growing divide between Massachusetts’ liberal employment laws and the Trump administration’s new policies.

 

Erica E. Flores is a partner at Skoler, Abbott & Presser, P.C.; (413) 737-4753; [email protected]

Work/Life Balance

‘A Significant Step Forward’

 

Brianna Wales-Thaxton doesn’t see diversity, equity, and inclusion (DEI) efforts in a vacuum. In fact, she likes to take a long view.

“We’re able to be a part of this work because of centuries of advocacy and justice seeking,” specifically from the BIPOC (Black, Indigenous, and people of color) community, she told BusinessWest. “All of us who are trying to work toward racial equity are building off of that work.

“We’re also at different places in that work, every single one of us, and until we’ve dismantled racism, everyone has a need to advance racial equity in their workplaces. It’s not just the right thing to do, but it’s what people are asking for in their workplaces in this generation.”

That’s why Wales-Thaxton, vice president for people and culture at the Community Foundation of Western Massachusetts, is excited about Equity in the 413, an inaugural summit that aims to advance equity in workplaces across Western Mass.

The day-long event, to take place on Tuesday, Oct. 24 at the Sheraton Springfield, is being presented by an impressive alliance of regional organizations. In addition to the Community Foundation, they include Behavioral Health Network, Health New England, Hilltown Community Health Center, the Human Service Forum, the Public Health Institute of Western Massachusetts, the Springfield DHHS Office of Health and Racial Equity, the Western Massachusetts Economic Development Council, and the Women of Color Health Equity Collective.

“This event marks a significant step forward in the ongoing journey toward an equitable future,” said Megan Burke, president and CEO of the Community Foundation. “We are thrilled to be part of this transformative summit. It not only underscores our commitment to fostering actionable change, but also represents a pivotal moment in Western Mass.’s collective journey toward a more equitable region in which we can all thrive.”

Organizers will bring together dozens of industry leaders and hundreds of professionals across multiple sectors. Attendees can expect to gain insight as presenters from an array of businesses and organizations delve into lessons learned from their own implementations of racial-equity policies and practices. Sessions will offer opportunities for dialogue, relationship building, self-care exercises, and providing tools and resources to assist business leaders in implementing racial-equity practices in their workplaces.

Gaining specific tools and strategies is key to “demystifying” equity work, Wales-Thaxton said, adding that, while many argue that there’s a bottom-line benefit for companies that prioritize DEI, that shouldn’t be the main rationale. “There’s also a societal need for every single one of us, as individuals and as part of institutions and organizations, to advance racial equity because there’s a real crisis in our social conscience.”

The event’s organizers agree.

“Diversity, equity, and inclusion are an integral part of BHN’s mission and philosophy, and we have learned so much in our efforts to operationalize social-justice values in our workplace,” said Steve Winn, president and CEO of Behavioral Health Network. “We look forward to coming together with other organizations to share learnings and take meaningful, collective action advancing racial equity across Western Massachusetts.”

Jessica Collins, executive director of the Public Health Institute of Western Massachusetts, added that the nonprofit looks forward to the opportunity for mutual learning and is “eager to share insights from our own journey to advance racial equity within our organization and the region, including learnings from our collaboration with the Women of Color Health Equity Collective and other regional organizations to center racial equity to reduce tobacco use.”

An expanding list of session presenters includes Willful Change LLC, the National Conference for Community and Justice, Caring Health Center, the Pioneer Valley Planning Commission, Massachusetts College of Liberal Arts, Arise for Social Justice, CORE XP Business Solutions, HUB International, Franklin County Community Development Corp., and Estoy Aqui LLC, to name a few.

Wales-Thaxton told BusinessWest the event connects back to the Community Foundation’s own strategic priorities.

“One is to advance diversity, equity, and inclusion at institutions and organizations, starting with our own. We’ve been doing a lot of that work in a really important way internally. This is an opportunity for us to share what we’ve learned with other employees and create a space for employers to begin to explore — or explore further — how to advance equity in their organizations.”

At the same time, “what else can we learn to advance this work internally through grants and making philanthropic efforts?” she added. “It ties up a lot of our strategic priorities and creates a space for us to have an intentional effort around racial equity.”

Tickets to Equity in the 413 — as well as the day’s agenda and a full rundown of presenters — are available at bit.ly/equity413.

 

—Joseph Bednar

Special Coverage Work/Life Balance

More Than a Seminar

 

Shannon Rudder

Shannon Rudder says achieving real DEI in a company begins with creating a culture of authenticity and trust.

 

 

Shannon Rudder remembers her “bad boss.” And she never wanted to be one.

“What that bad boss did, what stuck out for me, was that everybody had to cater to how he led,” she said, adding that he believed that was how to maintain a bias-free workplace. Unfortunately, that philosophy can be incompatible with an equitable workplace.

“If I’m a single mom, maybe I can meet the deadlines, but I can’t do it in the same exact way as someone who doesn’t have kids, or has kids that are grown, right?” said Rudder, president and CEO of Martin Luther King Jr. Family Services in Springfield. “So in the most rudimentary sense, when you take the -isms and race and all that stuff out of it, that’s equity.”

And it’s a concept many businesses neglect when they talk about diversity, equity, and inclusion (DEI) programs, Rudder explained. They’re focused on a diverse workplace, but neglect to create the sort of culture where everyone is seen for their unique makeup and treated not equally, but equitably.

Colleen Holmes

Colleen Holmes

“We take a whole lot of pride and pleasure in working with folks as the individuals they are. That means that we look at the whole person and not one single aspect of their identity, and that’s what DEI is about.”

She cited a cartoon often used to express the point (see below). It pictures three boys trying to watch a ballgame from behind a fence. The first panel has each standing on a single box; though they’re being treated equally, the shortest boy still can’t see the game. The second panel, by moving those boxes around, demonstrates equity — now everyone can clearly see over the fence.

The barriers are different for each member of an organization, Rudder said, and so are the proverbial ‘boxes’ they might need to stand on to do their jobs effectively. (To take it a step further, the cartoon sometimes includes a third panel, labeled ‘liberation,’ with the fence removed completely.)

“The CEO of a nonprofit is not the same as a president or CEO of a Fortune 500 company, but conceptually, we can’t sit in our positions of power and think we know what everyone’s barriers are,” she added. “I’ve got to like actually talk to people to figure out what the barriers are. So it’s about the relationships.”

Interaction Institute for Social Change / Artist: Angus Maguire

It’s also about honest discussions about privilege and internalized biases and weaving equity into every corner of the organization — and that’s not something that can be achieved with a one-off professional-development seminar on DEI.

“You’ve got to get to the heart of why there are biases, why folks aren’t being productive working together,” Rudder said. “We’re all socialized very differently. So we need to create environments where folks feel comfortable and they trust each other. You don’t want somebody to feel tokenized; you want to be able to create that authenticity, that trust, so then you can begin to understand what the real barriers are.”

Colleen Holmes understands this concept. As president and CEO of Viability Inc. in Springfield, which provides vocational training, job placement, and other supports for individuals with disabilities, she’s worked with employer partners to help them understand how a workplace can benefit from workers from all backgrounds and all abilities.

“All the services we offer are around folks having the opportunity and support to be able to build their skills and attain things that are important and meaningful to them in their lives,” she told BusinessWest. “Everything we do is very specifically geared toward helping individuals find their pathway to thriving beyond whatever their limits are. And for individuals with disabilities, those limits are considerable.”

Trevor Brice

Trevor Brice

“Is this person better-qualified? Just give justification for the decision in case you’re challenged down the road.”

But they can be overcome — if an employer is committed to equity.

“We take a whole lot of pride and pleasure in working with folks as the individuals they are. That means that we look at the whole person and not one single aspect of their identity, and that’s what DEI is about,” Holmes explained. “The aspects of our identity are layered and complex, and that’s what makes us interesting people.”

The said the word ‘accommodation’ carries some baggage because people think it’s a one-way street — that the employer has to accommodate the employee, but isn’t going to benefit from that employee beyond checking a DEI box.

“In fact, when employers learn how to think differently in their approaches to getting business objectives met, they have more humanity in their company,” she said, adding that employers who understand this — who are willing to cultivate not only a diverse workforce, but an equitable, inclusive one — have a leg up.

 

Questions Around Diversity

The ‘diversity’ piece of DEI has been the source of much discussion lately, as employers have grappled with whether efforts to build a racially (and in other ways) diverse workplace will run afoul of federal law, especially after the U.S. Supreme Court struck down affirmative action in college admissions this past June.

“They didn’t directly speak to private employers; it only applies to colleges and universities,” said Trevor Brice, an attorney with the Royal Law Firm in Springfield, adding, however, that there could be ripple effects. “I think the implications of the Harvard and North Carolina ruling go more to reverse-discrimination suits, people in majority groups suing over being given unfavorable treatment in relation to minority groups because of affirmative-action or DEI programs.”

To be clear, he added, hiring and firing employees based on their status in protective classes has never been allowed. “What’s almost inevitable is there are going to be challenges to employers based on these cases now.”

Dan Moriarty

Dan Moriarty

“We have a long way to go with it, but we’re trying to build something. We want to make meaningful progress — not just check a box, but make a difference.”

Mary Jo Kennedy, partner and chair of the Employment Law practice at Bulkley Richardson in Springfield, agreed that the SCOTUS ruling has no immediate impact on the legal standards that govern private employers’ DEI or affirmative-action programs, noting, like Brice, the existing prohibition against making employment decisions solely based on a person’s protected characteristics, like race or gender.

“But there is the potential that we may see more reverse-discrimination cases,” she added, before listing several steps employers can take to promote diversity within the bounds of the law:

• Avoid considering race as a basis for employment decisions or practices in a way that could be seen as granting race-based preferences;

• Review any DEI policies or programs for compliance with federal and state laws;

• Understand that it’s OK to prioritize diversity and inclusion but not OK to use race- or gender-based quotas;

• Broaden the use of the term ‘diversity,’ understanding that it’s more than just race and gender; and

• Review the company website and other public-facing documents and internal DEI materials for compliance with federal and state laws prohibiting discrimination.

Employers can also protect themselves against reverse-discrimination cases by carefully documenting the reasons behind every hiring and promotion decision. In other words, it makes sense to cast a wide net to promote a diverse applicant base, but make sure there’s a business case for each decision, and “document, document, document,” Brice said.

“Why are you making this decision? Is it solely due to race or other protected characteristics? Then it’s probably not going to stand up to a legal challenge. But high GPA, work history, things like that are fine. So, is this person better-qualified? Just give justification for the decision in case you’re challenged down the road.”

Employment-law firms already see plenty of wrongful-termination cases, he added, and there’s a feeling that the June SCOTUS decision will embolden more of them, even though that ruling applies only to higher education. “More needs to be seen. There hasn’t been a legal challenge yet, so there’s no guidance yet.”

 

Making Meaningful Progress

Monson Savings Bank President Dan Moriarty has been actively been involved in DEI strategy over the past year or so, not only at his own institution, but through his co-leadership of an executive council established by the Massachusetts Bankers Assoc. to promote DEI efforts across member institutions.

“Every individual and every organization is on a different path along the way to being more diverse, equitable, and inclusive in their organization,” he said. “We have a DEI committee here at the bank, and we’re trying to adopt best practices from the Mass Bankers Association for advancing our DEI program.”

That process toward a level playing field begins with understanding the dynamics of DEI and the barriers and biases that hinder it, he noted, adding that he and two other MSB leaders recently attended a seminar at the Healing Racism Institute of Pioneer Valley. “That was phenomenal. Just the awareness and deep understanding was very impactful for me personally and professionally. We all have to do more.”

“Our corporate counterparts — and I get why they do it — focus on diversity because that’s a tangible way to demonstrate, ‘we’ve got X percentage of women, we’ve got X percentage that identify as able-bodied or people of color,’ all those identities. I get why diversity comes first. But for me, it’s really centered on equity.”

Adopting some best practices recommended by Mass Bankers, Monson Savings has created a DEI commitment statement, developed and implemented a DEI program that continues to evolve, provided DEI training to board members and employees, identified and monitored key performance metrics, and conducted periodic self-assessments of the program.

In addition, he said, the bank has reviewed numerous documents, including its strategic plan, along with communications, processes, and facilities, to ensure that potential barriers are identified and removed and that DEI expectations are reflected, while also conducting outreach and expanding the bank’s relationships with key community members and organizations.

“We have a long way to go with it, but we’re trying to build something. We want to make meaningful progress — not just check a box, but make a difference,” Moriarty said. “People want to do the right thing, but they have to educate themselves and really make a concerted effort to be able to make the change. It’s not just acknowledging we need more diversity, equity, and inclusion, but we also have to take actual steps to get us to a better place.”

Viability has seen its employer partners — more than 800 of them nationwide — find that better place.

“Some employers are looking to live a philosophy of the organization around diversity, equity, and inclusion because it’s the right thing to do,” Holmes said. “And there is data out there that shows that, if companies have accessible and welcoming environments for individuals with disabilities, consumers are more likely to shop there. And this is something businesses and employers have taken notice of.

“DEI is really a no-brainer,” she added. “But it does require a cultural change within an organization.”

 

The Rest of the Story

“Injustice anywhere is a threat to justice everywhere.”

That’s one of Martin Luther King Jr.’s most popular quotes; just about everyone has heard it. But far fewer, Rudder said, know the rest of the quote, the words King said directly after:

“We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

“That’s the nutshell of how I approach the work,” she added. “Our corporate counterparts — and I get why they do it — focus on diversity because that’s a tangible way to demonstrate, ‘we’ve got X percentage of women, we’ve got X percentage that identify as able-bodied or people of color,’ all those identities. I get why diversity comes first. But for me, it’s really centered on equity.”

Rudder said she practices ‘culture humility,’ which is a commitment to constant self-evaluation by which people not only learn to understand other cultures, but also critically examine their own — and understand the privileges they enjoy.

“If we’re going to aim to be centered in equity, we have to first understand where our privilege is,” she said. “And that goes back to Dr. King’s quote; we are all mutually interconnected. It’s a journey — it’s not just, ‘let’s do this program, and let’s check the boxes.’ We’ve got to weave this into the very fabric of who we are as an organization, as a corporation.”

Law Special Coverage

Implementing Such an Initiative Can Provide a Number of Benefits

By Kylie Brown and Tanzania Cannon-Eckerle

Diversity, equity, and inclusion (DE&I) initiatives are being discussed more than ever in conference rooms, boardrooms, human-resources departments, and administrative offices. This is exciting, and for companies implementing these initiatives, one of the benefits incurred will be the creation of internal processes and procedures that will mitigate perceptions of discrimination and harassment in the workplace.

Massachusetts law requires that businesses maintain a harassment- and discrimination-free workplace. The law states, in summary, that it is unlawful to discriminate or harass in the workplace because of race, color, religious creed, national origin, or sex.

According to the related laws, a Massachusetts company has a duty to maintain a workplace that is free of discrimination and harassment. It would be fiction to state that it is possible for a company to ensure that it maintains an idyllic workplace for everyone. There are too many unique and diverse humans, too many variables. The good thing is the law does not require a company create an idyllic retreat.

However, it does require companies to do their due diligence to create and maintain a discrimination- and harassment-free workplace, and if something does occur that might meet the definition of discrimination or harassment, a company must address the matter in a timely fashion and implement remedial measures when and where necessary. As such, companies must prepare to manage the possibility of these occurrences. It would be most beneficial if a company did not wait to implement remedial measures in response to wrongdoing or after an incident has occurred; the programs should already be in place.

DE&I initiatives provide a multitude of benefits to an organization with returns that are both ethically and financially calculable, including assisting in the creation of discrimination- and harassment-free workplaces.

It can be difficult to calculate a financial return on prevention; however, in the realm of discrimination and harassment, prevention can be calculated by the declining costs of litigation. Creating a workplace that assures that policies are created to prevent harassment and discrimination, and that procedures are implemented to enable the consistent and equitable application of policies to all employees, will cause a decline in the appearance of harassment and discrimination and will diminish legal costs to a company — and costs to the company’s reputation.

The reason why DE&I initiatives work so well in this manner is because DE&I initiatives foster equity in the application of all workplace mechanisms and thus, once firmly established, naturally create a workplace environment free of discrimination and harassment, to the extent practicable. This is because, once DE&I initiatives are firmly established, most employees will feel a sense of belonging as they will feel heard and have a sense of empathy for their colleagues which fosters a team-oriented culture and problem-solving mindset. That not only prevents lawsuits, but it will also save money in the form of retention. Furthermore, data has shown that productivity and creativity increase, as does employee wellness.

Kylie Brown

Kylie Brown

Tanzania Cannon-Eckerle

Tanzania Cannon-Eckerle

“It can be difficult to calculate a financial return on prevention; however, in the realm of discrimination and harassment, prevention can be calculated by the declining costs of litigation.”

Unfortunately, many companies have leaders who have not identified DE&I as a cost-savings measure, or many leaders don’t know where to start. This article cannot, in the limited space provided, cover the entirety of what can be discussed in the realm of DE&I. However, we seek to plant a ‘can-do’ seed of desire to create DE&I initiatives in one’s workplace as a means of creating safe and discrimination- and harassment-free workplaces, by showing that creating such a workplace just takes a plan and a commitment to execute.

This article is one of a series that seeks to assist businesses with an inside-out approach, using existing resources to set up a sound foundation to grow a robust DE&I initiative within their company, and to create a workplace that is discrimination- and harassment-free while also becoming more ethical and more financially successful. It doesn’t have to be perfect. It can be tweaked along the way.

First, we start at the beginning. Let’s demystify DE&I.

 

What Does DE&I Even Mean? And What About Belonging?

Let’s broaden the concept to DE&I and B, or belonging.

Diversity means to be composed of different elements or offer variety. In application to the workplace, this translates to different people, through race, gender, and/or sexual orientation, with different cultural, social, and economic backgrounds, bringing their thoughts and ideas to the table.

Equity is the act of giving everyone in your pool of diversity fair treatment in access, opportunity, and advancement in the workplace, through processes and procedures implemented in a consistent manner. It’s recognizing we don’t all start from the same playing field and carries an idea of fairness and neutrality. That’s the difference between equity and equality.

Inclusion means being included in or involved in material decision making in the workplace at the appropriate level, and having the freedom or enterprise-level permission to weigh in on items of import that are relevant to one’s job and actually being heard. Identification of stakeholders are important here.

Belonging is what happens when a company has a strong foundation of continued diversity, equity, and inclusion processes, protocols, habits, and other customs of practice, and having a sense of being accepted as one’s authentic self at work that is supported by equity and inclusion. The goal should be to have an engrained DE&I model that is engrained in every aspect of the company so that it becomes common practice.

 

Where to Start?

First and foremost, focusing on DE&I must be in line with the overall business mission, values, and objectives in order to be successful. Second, there must be buy-in from all levels of the organization. Identifying what it will take to get that buy-in is important and will vary depending upon the audience. Third, identify the DE&I goals and why these are the goals. This is most likely dependent on what industry your company belongs to and how your company is structured.

Fourth, create a DE&I committee and identify who should be on the committee, and provide them with defined authority to act. This will create company accountability for continuing on with the initiatives. Fifth, do gap assessment. Where is the company now? Where does the company hope to be? What needs to be accomplished get there? What are the potential obstacles? How will they be overcome?

 

Gather Data

Focus on the return on the investment (know your audience). The return on investment might look different for the frontline supervisors than it does for procurement or accounting. Analyze the upfront costs, such as change in recruitment tactics, utilizing more networking forums, and potentially creating new roles to support the new business outlook

Where can we implement DE&I initiatives? DE&I can be external, by using diverse vendors, or internal, by establishing an equitable approach to handing out assignments. Every time a new business development is discussed, whether internally or externally, it creates another opportunity to include DE&I.

Identify stakeholders and talk to them. Encourage discussion on the topic of DE&I. Discuss their opinions on issues that impact them in the workplace. Gathering employee opinions and concerns will enable the company to make positive changes that will prevent issues and increase employee engagement. Hold open-forum discussions such as town-hall listening sessions — not talking sessions, where company executives talk at employees. These are great opportunities to listen to others and allow all staff to be heard.

A review of company documentation should be conducted to find existing areas where improvements may be needed. Obtaining statistical knowledge and data of the current demographics throughout the general workplace, as well as upper-level management, will help assist you in realizing where there is a need to implement DE&I.

 

Sell It

Make DE&I identifiable in the company mission. Make it a part of the company brand if possible. Involve company leaders in the celebration of meeting goals around DE&I initiatives. It is vital to get leadership support for the success of any DE&I initiative. Sell it to all employees. Create a well-thought-out communication plan. It is important that companies are knowledgeable about the prospective initiatives so they can answer any and all questions that may arise.

The company should support its initiatives by marketing them internally and externally to the general population, which could lead to potential exposure to overall business growth and development.

 

Implement It

At the core of implementing a successful DE&I program is implementing it in a manner consistent with the company mission, vision, and strategy. Including DE&I initiatives in your business model provides business growth opportunities and positive employee relations.

Implementation can start with recruitment, attracting different people from different backgrounds in order to bring new ideas to the table. Infuse DE&I in the employee-relations program by creating policies that are developed with the input of a cross-section of stakeholders and are consistently applied in an equitable manner.

Infusing all company mechanisms with DE&I approaches will be justified by the quantifiable growth and development it produces, as well as the prevention of discrimination and harassment lawsuits — and by the sense of belonging the company’s workforce maintains.

 

Kylie Brown is an associate attorney at the Royal Law Firm who specializes in labor and employment-law, and Tanzania Cannon-Eckerle is the firm’s chief administrative and litigation officer, who specializes in business and labor and employment law with certifications in Diversity, Equity and Inclusion and Workplace Investigations. The Royal Law Firm is a woman-owned, women-managed corporate law firm that is certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council.