Embracing Authenticity, Awareness, and Acceptance: How SCOTUS’s Affirmative Action Ruling Will Impact Corporations

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affirmative action ruling DEI dei in the workplace DEIB Diversity & Inclusion employees HR HR Perspectives SCOTUS

For over 25 years now, I have been consulting with companies about diversity and inclusion. This was long before the word “equity” was included. I’ve watched the concepts go from apathy to mild interest to the hottest internal HR and community initiatives that brought the word “equity” into the mix to now diversity, equity, and inclusion (DEI) fatigue. When I started this journey all those years ago, I thought it would be a breeze if I just educated people on why it was needed because I believed people were inherently kind and decent. 

What do I think now?

I don’t believe there’s a more divisive issue in human existence than the concepts of diversity, equity, and inclusion. In fact, it’s no secret that it seems to cause people on both sides of the issue to feel heartburn. It activates an “us” versus “them” mentality. People think that if they hire them, what will happen to us?

For all the years that companies have been in existence, the pendulum has swung in favor of white people being employed, promoted, and paid their worth. As the world sought more equality, affirmative action was introduced to level the playing field. It has been dangled like forbidden fruit for people of color. 

For white folks, it brings worries about reverse discrimination and unfair policies that might leave them out of the hiring process. For people of color, they worry that if they are hired for a job, it’s not because of their skills but to fulfill a quota. They fear being known as the “diversity hire,” someone who got the job only because of affirmative action but who doesn’t have the skill set to back it up.

Enter: the recent Supreme Court ruling to reverse affirmative action in higher education admissions. The ball has started rolling back down the hill, destroying hundreds of years of miniscule progress. Most notable is how this will affect business and corporations, which are the backbone of our society. There’s no doubt it will introduce a less diverse pipeline of students entering the workforce after college. For the diverse people already in the workforce, the concern is that it may unravel any progress made over the past few years, as our country had a massive reckoning around issues of race, LGBTQ+, equity, systemic racism, and more.

So, how do we deal with the fear, whispers, and backroom conversations of an attack on DEI programs in the corporate world? By building a BS-free culture through radical acceptance.

Radical Acceptance

As a diversity, inclusion, and unconscious bias expert, I advocate for radical acceptance as a means to foster inclusive environments. The recent Supreme Court ruling against affirmative action in higher education admissions presents a unique opportunity for corporations to reflect on their values and legacy. Rather than viewing the ruling as a setback, it should inspire organizations to get honest and authentic with themselves. I will integrate the concepts of authenticity, awareness, and acceptance to explore how corporations can strengthen their culture in the face of laws that create fear in their employees. They can demonstrate their commitment to DEI efforts by actively seeking marginalized college graduates and prospective job candidates through initiatives such as recruiting from historically black colleges and universities (HBCUs), engaging with diverse student clubs, and fostering a culture of acceptance.

Authenticity: Uncovering Values and Legacy

I see the backlash from the affirmative action higher ed ruling to a potential corporate ruling as an opportunity for corporations to reflect on their values and how they want to be remembered in this historical moment. By embracing authenticity, organizations can uncover where their true commitment to DEI lies. This isn’t a time for complacency but rather a chance to reaffirm the values that underpin their efforts. Corporations can use this moment to demonstrate their dedication to building diverse and inclusive workplaces, regardless of the legal limitations imposed by the ruling.

Demonstrating Commitment: Focusing Efforts on Marginalized College Graduates

Despite the ruling and the potential lack of a diverse pipeline it might create, corporations can demonstrate their commitment to DEI efforts by focusing on finding marginalized college graduates and prospective job candidates. Rather than being discouraged by the limitations imposed by the ruling, organizations can actively seek talent from HBCUs, as well as engage with diverse student clubs and organizations. These initiatives help create opportunities for underrepresented individuals and ensure your organization’s talent pool reflects the diversity of society.

Awareness: Critically Evaluating Practices

Awareness is crucial for organizations to evaluate how their company culture impacts the everyday experiences of diverse hires. The recent Supreme Court ruling against affirmative action raises questions about how organizations actively promote diversity and inclusion in their daily operations. By fostering awareness, companies can identify and address systemic barriers that hinder fairness and equal opportunities.

To cultivate a culture of awareness, organizations must examine biases and implement fair policies supporting diversity and inclusion. This requires understanding how company culture shapes the experiences of diverse employees, and it involves recognizing the impact of unconscious biases, microaggressions, and exclusionary practices in daily interactions.

By fostering awareness, corporate America can create an environment that celebrates diversity, challenges stereotypes, and promotes inclusivity in everyday situations. This includes encouraging open dialogue, amplifying marginalized voices, and seeking feedback from employees to understand their experiences. Ongoing education on cultural competency is essential for enhancing understanding of diverse backgrounds and perspectives.

Acceptance: Creating Supportive Environments

Innovative thinking is crucial for organizations to eliminate barriers that may be caused by the Supreme Court’s ruling on race-conscious admissions. While the ruling restricts the consideration of race, it’s essential for corporate America to proactively find ways to promote diversity and inclusion. 

By reframing job descriptions to focus on experience and skills rather than specific educational requirements, organizations can open doors for candidates who have gained valuable expertise through nontraditional paths. This shift allows for a more inclusive and diverse talent pool, providing opportunities for individuals who may have faced barriers due to limited access to higher education.

Furthermore, organizations can create supportive environments through mentorship programs, professional development opportunities, and resources tailored to the needs of employees from underrepresented backgrounds. By offering guidance and support, companies foster an inclusive culture that values the growth and success of individuals from diverse backgrounds.

Embracing acceptance is essential. It means going beyond surface-level judgments and preconceived notions and instead focusing on the potential, talent, and unique perspectives that individuals from marginalized communities bring to the table. By doing so, organizations demonstrate their commitment to creating equitable workplaces that provide opportunities for advancement and success for all employees.

Conclusion

The Supreme Court’s ruling against affirmative action provides an opportunity for corporations to embrace authenticity, awareness, and acceptance in their response. By uncovering their values and legacy, critically evaluating practices, creating supportive environments, and actively seeking marginalized college graduates, organizations can navigate the ruling’s implications with integrity and resilience. 

Rather than using the ruling as an excuse to stall DEI efforts, corporations can demonstrate their commitment by being transparent and communicating directly with their employees about how they will address the issue. By doing so, organizations can alleviate the fear and anxiety felt by employees who are just starting to feel as if they are a part of a connected culture that contributes to a more diverse and inclusive society and fosters an environment where everyone feels valued and empowered to succeed. 

This response not only challenges the limitations imposed by the ruling but also reflects a genuine commitment to DEI in the face of adversity.

Risha Grant is an award-winning diversity consultant and international corporate speaker. Her new book is Be Better Than Your BS: How Radical Acceptance Empowers Authenticity and Creates a Workplace Culture of Inclusion (August 15, 2023, Hay House).

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