Understanding of Dei programs at the workplace in a new landscape – Central New York Business Journal

While diversity, equity and inclusion (DEI) make a large headlines, this may not mean many changes to the workplace – as long as employers comply with the law and employment laws, says one expert. After the news quickly comes from Washington, DC and the dishes, it was a hurricane for a few weeks, says Salvatore G. Gangemi, partner of the Labor and Employment Practice Group in Harris Beach Murtha, a law firm based in the areas of Rochester region in New York.

However, what has not changed are laws that prohibit the use of breed, gender or other protected characteristics in employment decisions, he says. President Donald J. Trump placed a number of executive regulations aimed at DEI programs, including the Executive Order 14173 entitled “Ending the illegal discrimination and restoration of opportunities for merit”. What exactly does the executive commands do if they are not depressed in court and come into force as planned? The answer is in the wording of the executive regulation, which refers to illegal Dei programs, says Gangemi. “It is clear that not all DEI programs are illegal,” he says. However, there are some that are illegal. A DEI program is considered illegal when aspects of the program or decision-making process are completely or partially motivated by breed, sex or other protected characteristics, he explains. To put it more, it is illegal for a company to take an initiative, for example to discontinue more people of a specific race or a certain gender. The programs should never do that, Gangemi claims. Rather, their intention is to give more people the feeling of applying for jobs where their breed, gender or other protected characteristics may have prevented from applying beforehand. And if a company expands its applicant pool, “then it increases the variety organically,” he claims. However, the DEI programs should never counteract work and work laws such as the Civil Rights Act from 1964 or the Equal Employment Opportunity Act from 1972. “These executive regulations do not create a new law in this area,” says Gangemi, and these laws remain able to work today. “Dei should not repress earnings, and in most cases it has not suppressed any earnings,” he stubates. And the executive order does not mean that things like Pay's own capital and accessible jobs will disappear because “these things do not come from Dei,” he says. “These things came from the law.” The DEI Executive Ordinance signals that the Government DEI programs will not ignore that may be illegal because they violate work and labor laws. What does this mean for organizations with dei or related programs and guidelines and what should you do now? “Treat all of this as a reminder that your programs and guidelines are checked,” recommends Gangemi. Some potential procedural areas that have to be examined are internships, mentoring or scholarships exclusively for a certain gender, a certain breed or other protected features. Also take a look at all employees resource or affinity groups, he adds. For example, it is okay to have a Latinx employee resource group. However, the group must be open so that everyone can join. Another area that can be problematic – and illegal is the incentives for an official or manager for the achievement of Dei. “It is a good idea to evaluate, check and ensure that you will not be a goal,” says Gangemi. Regardless of the executive regulations “The law is the law is the law”, and employers must follow him, he concludes.