Employee Rights and the Importance of Inclusivity

Years ago, a good friend, whom I would consider an INTROVERT by today’s standards, was reported to HR for not being ‘friendly.’ She is naturally quiet and prefers to come to work, do her job, and go home. Eventually, she was FIRED. The reason: she lacked ‘enthusiasm’ for her role, and ‘it just wasn’t working out.’ Here’s why HR failed her: Coming in to work on time, producing high-quality work, and communicating essential updates is enthusiasm ENOUGH. As a bonus, the only thing we owe to anyone in the workplace (esp as an individual contributor) is a ‘GOOD HELLO,’ maybe a ‘HOW ARE YOU,’ and a ‘GOODBYE’ outside of critical work updates. Not everyone has the energy to play the ‘excited’ b-plot character in a ROM-COM. In a world where everyone wants you to be Andy Bernard (The Office) - Extrovert. Being Stanley Hudson (The Office) - Introvert is perfectly fine. As a former HR leader, I know one of the essential functions of HR is to manage the employee lifecycle. Nowhere does this include managing someone’s insecurities about how much small talk someone makes with them. I’ve never been a fan of these labels because it does not lend itself well to folks who identify as the one, the only, and the other. Companies that want to promote inclusion must carefully filter this kind of feedback to an employee. HR failed by addressing one party instead of isolating this issue to a thinly veiled personal preference laced as ‘concern.’ The real issue was the person who was ‘uncomfortable’ with her not living up to her expectations of what ‘enthusiasm’ should look like. The REAL issue was the culture. By making my friend aware. It made her abandon who she was to code-switch and it still didn’t pay off. The lesson from this situation is clear - a truly inclusive workplace embraces all personality types. Judging employees by superficial measures of "enthusiasm" unfairly targets introverts who can be high performers despite their more reserved nature. Rather than forcing introverts to conform to an extrovert ideal, organizations should focus on tapping into everyone's talents and ensuring all voices are heard - regardless of communication style. The path forward is setting guidelines around delivering quality work and constructive collaboration - not mandating performative chatter. #aLITTLEadvice 

Accommodations are not favors—they serve to remove barriers to success and help disabled employees perform their best. Yet, for many employees, receiving necessary accommodations is an uphill battle that might result in additional health or career injuries. Employers often discourage employees from making accommodation requests, deny a significant percentage of requests, and may even retaliate. Employers and managers who support accommodation requests, however, can truly help someone thrive. They can even help heal some of the harm produced by growing up and living in unaccommodating environments. They can help up find the best of who we are and who we were meant to be. 🌹🥀🌹 While our identity and pride are tied to our dignity as human beings, unaccommodating environments can injure our sense of self and make reclaiming our self-worth much more difficult. Reminding ourselves that we are valuable is harder work when we are denied support and face barriers to fulfilling our potential. To truly create inclusive workplaces, organizations must move beyond performative #inclusion statements and focus on true change. This means, among other types of action, actively dismantling the barriers that prevent disabled employees from thriving. All of these are the elements of unlocking human potential: 🌻 Supporting people with job-matching and job-crafting 🌻 De-toxifying organizational environments, 🌻 Creating human-first #HumanResources systems, and 🌻 Providing accommodations #Accommodations are not favors. They are a tool of #equity. 🌻 When barriers to performance are broken, #human brilliance blooms. The stories of two dyslexic people who were treated very differently by their organizations help illustrate the importance of accommodations - thank you, Salomon Chiquiar-Rabinovich and Charles Freeman for sharing your stories via my book, The Canary Code: A Guide to #Neurodiversity, #Dignity, and Intersectional Belonging at Work. Read on! #dyslexia #dyslexic #DisabilityPride2024 • Ruth Rathblott, MSW

The feds may be cracking down on so-called “illegal DEI,” but diversity, equity, inclusion, and accessibility initiatives are inherently legal. And a new memo from the Attorneys General of 15 states offers tips and best practices to employers leverage DEI/DEIA to reduce legal risk. Here’s what employers need to know. 🛡️How DEI Can Protect Your Business Preventing Discrimination Before It Starts DEI programs help companies identify and fix policies that might unintentionally discriminate against employees or job applicants. They also offer training on topics like unconscious bias, inclusive leadership, and disability awareness, which helps ensure that managers and employees follow non-discrimination laws. Clear Reporting Protocols DEI initiatives typically include clear protocols for reporting discrimination or harassment. These protocols ensure that unlawful conduct is promptly identified, reported, and addressed when it occurs. Effective reporting mechanisms help companies quickly respond to and resolve issues, reducing the potential for prolonged discriminatory practices and future litigation. Building a Positive Workplace Culture A well-run DEI program fosters a workplace where all employees feel valued and respected. This helps prevent discrimination, improves morale, and encourages teamwork. A positive culture reduces the risk of legal claims and makes employees more engaged and productive. Regular Review and Updates Regular assessment and monitoring of DEI/DEIA policies and practices help companies ensure their effectiveness in preventing discrimination and promoting an inclusive environment. This ongoing evaluation allows companies to make necessary adjustments and improvements, further reducing the risk of legal claims related to discriminatory practices. The memo also makes it clear: DEI is not the same as affirmative action. While affirmative action sometimes involves giving preference to certain groups in hiring or promotions—an approach that can lead to legal challenges—DEI focuses on ensuring hiring and promotion processes are fair for everyone. The goal is to recruit and retain the best candidates, emphasizing merit while creating an inclusive workplace. 💪Best Practices for Employers To implement DEI effectively, the memo suggests these strategies: 1️⃣Recruitment & Hiring: Use broad outreach, panel interviews, and standardized evaluation criteria. Make sure hiring processes are accessible to all. 2️⃣Employee Development & Retention: Offer equal access to training, mentorship, and career growth opportunities. Support Employee Resource Groups (ERGs) and train leaders on inclusion. 3️⃣Ongoing Evaluation: Regularly assess the success of DEI policies, create clear reporting systems, and integrate DEI principles into daily operations. Well-designed DEI initiatives comply with the law and contribute to business success by fostering a more engaged and productive workforce. #TheEmployerHandbook #employmentlaw #humanresources

Despite what the Trump administration wants you to believe, DEIA programs are not illegal. Illegal discrimination is still illegal, but diversity, equity, inclusion, and accessibility programs that comply with workplace discrimination laws are just as legal today as they were on January 19, 2025. Don't just take my word for it. Sixteen state attorneys general just released a memo making this crystal clear. Their report, "Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives," lays it all out. Here's what they say: "Employment policies incorporating diversity, equity, inclusion, and accessibility best practices are not only compliant with state and federal civil rights laws, but they also help to reduce litigation risk by affirmatively protecting against discriminatory conduct that violates the law. Effective policies and practices foster the development of inclusive and respectful workplaces where all employees are supported and encouraged to do their best work." Beyond legality, the data is overwhelming—DEIA makes for better business. Companies with diverse leadership teams are more profitable, more resilient, and more competitive. They don't just check boxes; they outperform their industry peers. So what does a legally sound DEIA program actually look like? The guidance offers some best practices. In hiring, this means broad recruitment efforts, structured interviews to minimize bias, and standardized evaluation criteria based on skills and experience. For professional development and retention, it means ensuring equal access to training, mentorship, and career growth, supporting Employee Resource Groups, and offering workplace accommodations to those who need them. Companies should also track the effectiveness of their DEIA initiatives, establish clear discrimination reporting processes, and make inclusivity a fundamental part of their business operations. The bottom line? DEIA isn't illegal, and it's not going anywhere. It's a critical tool for building better workplaces and stronger businesses. Companies that back away from DEIA out of fear or misinformation aren't protecting themselves—they're setting themselves up to fall behind. The law is on your side. The business case is on your side. The only question is whether you're willing to do the work, no matter what the current administration says or does.

Have y’all read this story? Dwight Jackson filed a lawsuit against the Shinola Hotel in Detroit on July 3, alleging he was denied a job when he applied as “Dwight Jackson,” but later offered an interview when he changed his name to “John Jebrowski.” For me, Dwight’s lawsuit is not just a legal challenge but a call to action for all organizations to examine their role in perpetuating systemic discrimination. It’s a reminder that fostering an inclusive workplace requires more than just statements of commitment; it demands tangible, sustained efforts to dismantle the barriers that prevent true equity and inclusion. We should want confront and address implicit biases that disadvantage qualified candidates based on their names or backgrounds. Some simple steps to avoid this happening to your company include: 1. Implementing Blind Recruitment: Remove names and identifying information from resumes during the initial screening to ensure unbiased evaluation. 2. Conduct Unconscious Bias Training: Equip your hiring teams with the knowledge and tools to recognize and mitigate biases. 3. Establish Objective Evaluation Criteria: Develop clear, standardized criteria for assessing candidates to minimize subjective judgments. 4. Perform Regular Audits: Regularly review and analyze your hiring processes and outcomes to identify and address any disparities. Committing to these actions and creating a truly inclusive workplace where everyone has an equal opportunity to succeed is essential. Let’s lead by example and make meaningful changes that foster diversity, equity, and inclusion. We should not have to pretend to be “John Jebrowski” to be seen. https://lnkd.in/eS_jzSFW