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Without Affirmative Action, the Court of Public Opinion Rules

Without Affirmative Action, the Court of Public Opinion Rules
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Without Affirmative Action, the Court of Public Opinion Rules

Even if the Supreme Court’s decision no longer ensures equity in the hiring process, the court of public opinion will still remain to dictate how companies handle diversity.

Americans are bracing for a Supreme Court decision that may end affirmative action initiatives — a decision that would be felt in higher education admissions and in the workplace.

However, even if the Supreme Court’s decision no longer ensures equity in the hiring process, the court of public opinion will still remain to dictate how companies handle diversity.

Employees seem to value diversity in the workplace, regardless of the law. Data shows that most workers — 56 percent, according to Pew Research Center — believe that focusing on workplace diversity, equity, and inclusion efforts (DEI) is a good thing. Only 16 percent believe it is a bad thing, while 28 percent remain neutral.

When companies lack proper implementation of diversity initiatives, employees speak out. Last year, The California Department of Fair Employment and Housing (DFEH) interviewed several Black women employees of Google about their experiences in the workplace, after allegations of harassment and discrimination surfaced. Game companies Activision Blizzard and Riot Games also had cases filed against them by the DFEH for sexual harassment and gender discrimination.

Corporations have also been bowing to pressure from consumers to take stances on social issues. Among recent examples is Disney CEO Bob Chapek’s memo to The Hollywood Reporter, in response to backlash for his silence on Florida’s anti- LGBTQ+ legislation.

In 2015, Starbucks boasted their willingness to discuss race relations when announcing their Race Together initiative, which came in response to public discussions of the current state of racism in the United States. Former COO of Facebook, Sheryl Sandberg, wrote Lean In: Women, Work, and the Will to Lead, a book about the challenges women face in their professional lives.

Presently, DEI initiatives are often stifled in the workplace, as DEI leaders concern themselves with questions of legality and risk that their legal teams raise. However, there is a promising path forward: A framework for effective DEI initiatives has been proposed by experts in an article for The Harvard Business Review. In their piece, the authors discuss shortcomings of current DEI initiatives, and emphasize that effective initiatives can be legally informed.

Without affirmative action, diversity initiatives could invite more risk, but accepting legal risk is already a normal part of business. Investing in diversity shows consumers and clients that a company’s response to social issues is more than just a performative attempt at saving the company’s reputation.

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