When the EEOC's stance on 'wokeness' meets state legal protections

Brian Bouchard, Sheehan Phinney - April 24, 2025

The EEOC’s apparent pursuit to push back against DEI and what it calls “gender ideology” in the workplace has sown confusion for businesses, particularly in the Northeast.  Some of its policy signals are vague and imprecise, while others run counter to state laws and a key US Supreme Court case regarding LGBTQ+ protections.  Businesses are left walking a tightrope between following the EEOC’s lead and complying with state laws.

What Happened?

The confusion started in January when the EEOC announced plans to implement Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Among other moves, the EEOC announced it would stop allowing its employees to use their preferred pronouns in email systems, end the use of non-binary gender identifiers like “X” or “Mx” on its complaint intake forms, revise the required workplace poster, and remove resources related to “gender ideology” from its internal and external websites.  Within hours of the January press release, the EEOC deactivated dozens of webpages discussing LGBTQ+ protections.

Read the full story HERE

The Diversity Workforce Coalition (DWC) views SHRM's removal of "equity" from its diversity program as a regressive step that discounts the root causes of workplace inequality. We encourage SHRM to reaffirm its commitment to equity and work toward educating its members and the public about the crucial role of equity in creating truly inclusive and diverse workplaces. Our rationale/specific concerns:

1. Undermining progress: By removing "equity" from DEI, SHRM is effectively undermining years of progress in addressing systemic inequalities in the workplace. This move sends a message that equity is no longer a priority, which could lead to a regression in efforts to create fair and just work environments. We strongly recommend that organizations foster/conduct constructive conversations that lead to meaningful changes in the workplace.
2. Misunderstanding of equity: SHRM CEO Johnny Taylor Jr.'s claim that there's no common agreement on the meaning of equity is misleading. While there may be debates about specific implementations, the core concept of equity - ensuring fair treatment, access, and opportunities for all - is well-established in HR practices.
3. Yielding to political pressure: SHRM's decision appears to be a response to political backlash against DEI initiatives. By capitulating to this pressure, SHRM is prioritizing political appeasement over its responsibility to promote fair and inclusive workplaces.
4. Ignoring global perspectives: While SHRM cites US-centric concerns, it fails to consider that in other countries, such as Canada, equity remains a crucial component of diversity initiatives. This narrow focus undermines SHRM's claim to represent HR professionals globally.
5. Contradictory messaging: SHRM states it will continue to promote equity within its "inclusion" strategy. This raises questions about the sincerity and effectiveness of removing equity from the acronym while claiming to still address it.
6. Disregarding member feedback: The significant backlash from SHRM members and HR professionals indicates a disconnect between the organization's leadership and its constituents. This decision appears to prioritize external pressures over the expertise and values of its own members.
7. Potential for increased workplace inequity: By de-emphasizing equity, SHRM may inadvertently contribute to the perpetuation of workplace inequalities that DEI initiatives aim to address.
8. Misalignment with global trends: While SHRM moves away from equity, other organizations worldwide are emphasizing its importance. For instance, many Canadian institutions lead with "equity" in their EDI initiatives.
9. Oversimplification of complex issues: SHRM's suggestion that removing "equity" will address the "flaws" in DEI programs oversimplifies the complex challenges of creating inclusive workplaces.
10. Potential loss of credibility: As a leading HR organization, SHRM's decision may damage its credibility among professionals committed to comprehensive DEI efforts.

The DWC will continue to monitor this important matter and share updates with our members and interested parties.   To learn more about our organization, please visit: www.diversityworkforce.org.

World's largest HR association faces backlash from members, HR professionals

BY Matthew Sellers, Human Resources Director (HRD) 15 Jul 2024 

The largest human resources association in the world has decided to remove "equity" from its primary diversity program, sparking outrage among numerous talent managers online, who labeled the move as “backwards,” “shameful,” and “cowardly.”

The Society for Human Resources Management (SHRM) announced that it will now use the acronym “I&D” — standing for inclusion and diversity — and will exclude the “E” from its former “IE&D” framework. The move follows it reversing the letters of DE&I following political pushback, and Supreme Court decisions in the US.

"By putting inclusion first, we aim to address the existing flaws in DE&I programs, which have caused societal backlash and increased polarization," the organization stated on LinkedIn. SHRM emphasized its continued commitment to promoting equity within its "inclusion" strategy.

Read the full article HERE

Julie Kratz - Contributor, Forbes

Neurodiversity refers to the concept that individuals perceive and engage with the world in diverse ways and have different cognitive abilities. While no one person thinks or behaves the same, neurodiversity puts language to the various neurological and developmental conditions, particularly within the context of autism spectrum disorder, ADHD (attention deficit/hyperactivity disorder) and other learning disabilities or cognitive differences.

5 best practices for organizations to build/expand neurodiversity programs:

1. Community-based sourcing models

2. Skills-based hiring

3. Inclusive onboarding

4. Neuro-inclusion training

5. Neuro-inclusion for HR leaders

Read the full article HERE

Caroline Castrillon - Senior Contributor, Forbes

One of the most significant legacies left behind by the pandemic is the rise of remote work. It’s so widespread that as of 2023, 12.7% of full-time employees work virtually, while 28.2% follow a hybrid model, according to WFH Research. Upwork, the freelancing platform, predicts that by 2025, an estimated 32.6 million Americans will be working virtually. While remote work has many upsides, like work-life balance and flexibility, it also has drawbacks. One of these is proximity bias.

Proximity bias refers to how people in power positions favor employees who are physically closer to them. As with any cognitive bias, proximity bias can be unintentional. 

Read the full article HERE

Paolo Gaudiano, Contributor - Forbes

The current backlash against DEI is challenging for business leaders who are torn between doing the right thing for society and doing the right thing for their organization. One way to satisfy both objectives is to focus on approaches that create a more inclusive environment for the women in their organizations.

Creating a more inclusive workplace yields greater satisfaction, which is directly tied to the bottom line through increased productivity and retention. Hence increasing the level of inclusion yields significant financial benefits by removing invisible costs.

Read the entire story HERE.

Photograph from a 1970 women's liberation demonstration on the 50th anniversary of ratification of the Nineteenth Amendment, which gave women the right to vote.

BETTMANN ARCHIVE

Sheree Atcheson, Contributor - Forbes

More and more, we’ve seen this kind of inflammatory, aggressive language and approach against a strategy which ultimately aims to create fairer systems. That seems odd, right? However, unfortunately, we live in a world now, fuelled by social media snippets and online personalities, that has, at times, enabled a rhetoric that removes all ability for just an open and civil conversation.

Read the full story HERE.

Utilising data, providing clarity, embedding story-telling, continuing support are 4 ways to combat the war on diversity and inclusion. GETTY

by Emily Rose McRae, Peter Aykens, Kaelyn Lowmaster, and Jonah Shepp - Harvard Business Review

January 23, 2024

SUMMARY:  In 2023, organizations continued to face significant challenges, from inflation to geopolitical turmoil to controversy over DEI and return-to-work policies — and 2024 promises more disruption. Gartner researchers have identified nine key trends, from new and creative employee benefits to the collapse of traditional career paths, that will impact work this year. Employers who successfully navigate these will retain top talent and secure a competitive advantage for themselves.

Read the entire article HERE.

Illustration by Pablo Caracol

by Marlette Jackson and Paria Rajai

Harvard Business Review | February 08, 2024

SUMMARY: Despite advancements in understanding intersectionality — or overlapping forms of discrimination — in legal theory, its integration into corporate workplace initiatives is lagging. By 2044, half of all Americans will identify as a racial or ethnic minority, and recent data revealed that 7% of U.S. adults identify as LGBTQ+, including a notable 21% of Gen Z adults — a substantial increase from previous generations. These changing demographics and their connection to the workplace experience underscore an urgent need for organizations to evolve language, policies, and processes to embrace intersectionality. In this article, the authors explore how intersectionality shows up in recruitment, retention, and promotions through the lens of Black employees’ experiences, as well as explore talent-management strategies and real-world examples.