Why The Supreme Court’s Affirmative Action Ruling Is A Danger For DEI Efforts

The Supreme Court ruled on Thursday to end affirmative action, and it’s a canary in the coal mine when it comes to diversity, equity and inclusion — recognizing that race, specifically the race and ethnicities of historically marginalized groups, is an important consideration in increasing access.

In the past year, DEI efforts have increasing come under threat, and the Court’s ruling against affirmative action in higher education only provides credence to leaders and organizations who are uninterested in more inclusive and equitable workplaces. Leaders who have quietly dismantled or scaled back their DEI initiatives cited reasons ranging from a lack of immediate return on investment to financial pressure due to the pandemic.

As this new legal precedent reverberates throughout the business landscape, companies must grapple with its implications and strategize on maintaining workplace diversity and equity. Let’s explore three key areas of action that you can take to preserve progress in the workplace: education and awareness, allyship, and advocacy.

Understanding the Current Climate: Education and Awareness

It is incumbent upon each of us to understand the significance of the Supreme Court’s ruling and how it will influence our work environment. While it’s true that this ruling applies to institutions of higher education and not workplaces, it sets a broader legal precedent that could trickle down to influence company DEI policies.

Building greater awareness through education is a crucial tool to combat bias, ignorance, and prejudice. This is the moment for employee resource groups, DEI councils and HR leaders to step in and educate their organizations on the historic reasons for affirmative action, its impact and why DEI efforts are essential.

According to McKinsey’s 2020 report, companies in the top quartile for ethnic and cultural diversity were 36% more likely to have financial returns above their respective national industry medians. This demonstrates that DEI isn’t just ethical; it’s also a business imperative.

Diversity also contributes to a more inclusive and equitable culture, leading to higher employee satisfaction and retention rates. According to a survey by Glassdoor, 67% of job seekers consider workplace diversity an important factor when considering job offers. Moreover, organizations that embrace diversity are better equipped to understand and cater to diverse customer and community bases, resulting in stronger relationships.

Building Bridges: Allyship

According to data from the U.S. Department of Labor, white women have made significant strides with their representation in professional and managerial roles nearly doubling over the past three decades. In this moment, the biggest benefactor of affirmative action — white women — must step up and use their privilege to advocate for others and be instrumental in maintaining workplace progress.

It is not enough to empathize with individuals from marginalized groups; it involves taking active steps to support them. This includes calling out discriminatory behavior, advocating for policies that promote diversity, or helping to ensure opportunities are equally accessible to everyone. Effective allyship can help to create a more inclusive corporate culture, something that is increasingly important given that 83% of millennials are actively engaged when they believe their organization fosters an inclusive culture, according to Deloitte’s 2020 Global Millennial Survey.

One area where white women are well positioned to step into allyship – HR and DEI roles. Nearly 70% of HR profressionls and over 70% of DEI leaders are white women. By leveraging their positions and influence, white women in these key roles can advocate for equitable hiring practices, implement inclusive policies, and foster an environment where everyone’s voices are heard and valued. It is only through collective efforts and support for DEI that organizations can truly thrive and create spaces where everyone has equal opportunities to succeed.

Standing Up: Advocacy

Organizations are build on the values and beliefs of its people.

Each one us plays a role in shaping the culture of our organizations. Our ability to take action or mulch in indifference is what creates either a thriving climate for DEI or one that maintains the status quo.

Employees need to take on the role of advocates for diversity and inclusion within their organizations. This involves voicing concerns about policies or practices that might be discriminatory or disadvantageous to marginalized groups, and pushing for initiatives that enhance diversity and foster inclusion.

In the wake of the Supreme Court’s ruling, advocacy can help ensure that the diversity and inclusivity conversation stays alive and continues to be prioritized. The power of collective voices cannot be underestimated.

In recent years, there has been a notable surge in organizing and unionizing efforts within corporate America; even white-collar workers have been actively participating in these movements. Prominent examples include companies like Amazon and Starbucks, where employees have organized to address issues related to fair wages, working conditions, and employee representation.

These instances demonstrate that advocacy efforts are not limited to specific industries or job types but are increasingly becoming vehicles for advocating for DEI principles and ensuring fair treatment and representation across all levels of the workforce.

The Supreme Court’s ruling against affirmative action underscores the complexity of achieving diversity, equity, and inclusion in the workplace. However, this decision should be seen not as a roadblock but as a call to action. By committing to education and awareness, allyship and advocacy, we can play a pivotal role in shaping a diverse, inclusive and equitable world of work landscape — no matter the roadblocks the legal landscape presents.