A practical guide to doing DEI work in a hostile era

The surge in anti-DEI sentiment, fueled by political actions, social pressures, and legal uncertainties creates a complex environment for organizations striving to foster diverse and inclusive workplaces. To navigate this turbulent environment and advance diversity, equity and inclusion, companies should focus on three key actions:1. Tying DEI to outcomes,2. Creating systems that focus on debiasing,3. Building cultures of accountability. Understanding the backlash and how to defend against it The current DEI backlash creates a complex environment for companies that want to  foster diverse and inclusive workplaces. To respond effectively, organizations must first understand the three sources of the backlash: The political backlash: The current political climate is undeniably hostile toward DEI. From executive orders dismantling federal DEI programs to legislative efforts like the “Dismantle DEI Act,” the message is clear: DEI initiatives are under attack.  Since last year’s SCOTUS affirmative action decision and the closing of the House Office of Diversity and Inclusion, threats to the public sector have had a chilling effect on the private sector. The social battlefield: The social backlash against DEI is just as significant as the political one. Organizations face pressure from all sides, with some stakeholders demanding more aggressive DEI initiatives while others decry them as “woke” or divisive.  Fear of alienating customers or facing boycotts can lead organizations to water down or avoid speaking publicly about their DEI efforts. And while cessation sensationalism may provide effective air cover for quietly continuing DEI work, what happens when there’s a disconnect between what a company says – or doesn’t say – and what it does? Our brains crave predictability. When we see contradictory actions and statements, it creates cognitive dissonance, which erodes trust and engagement.  In fact, alignment between what an organization says and what it does is the foundation of organizational accountability. Therefore, organizations need to think about the impact of this strategy on their employees. The legal minefield: Although the law moves much more slowly than political and social forces, it is crucial for organizations to have a clear understanding of the legal framework governing DEI.  Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. However, as interpretation and application of laws are subject to change, organizations must stay informed about the latest legal developments to ensure compliance. This includes seeking legal counsel when necessary, conducting regular audits of DEI policies and practices, and staying abreast of any changes in legislation or judicial interpretation.  Organizations must be prepared to defend their DEI initiatives against government scrutiny. They can mitigate legal risk in their DEI initiatives by avoiding the “three Ps”: 1. conferring preferences, 2. on protected groups, 3. with respect to palpable benefits. How companies can continue DEI work Despite these forces, organizations cannot afford to abandon their DEI efforts. DEI is not just a moral imperative; DEI is a business necessity.  Research shows that when leveraged in the best way, diverse teams are more innovative and make better decisions, leading to improved performance and financial outcomes. According to a 2023 survey, inclusive companies are 1.7 times more likely to be innovative, and they achieve 2.3 times more cash flow per employee., To navigate the current landscape and continue to reap the benefits of DEI, organizations must adopt a strategic and proactive approach, focusing on three key actions: Make the case for impact. Organizations must be able to articulate the “why” behind their DEI commitments in a way that resonates with diverse – and sometimes resistant – stakeholders. By articulating the “why,” organizations make DEI compelling, tapping into our intrinsic motivational brain networks. Research shows that adding a “what’s in it for me” allows others to align their own individual goals with those of the initiatives, making it more likely they’ll act upon them. This calls for moving beyond the moral case for DEI to prove its tangible value. We have developed a science-based framework that outlines the tangible benefits of DEI and provides practical guidance on how to achieve them. It emphasizes the importance of prioritizing diversity and habituating inclusion to drive business success and create a more just, sustainable work environment for everyone. It provides a roadmap for organizations to measure the impact of their DEI initiatives and demonstrate their return on investment. In today’s climate, where DEI is facing increased scrutiny, it is more critical than ever for organizations to articulate the business case for DEI and demonstrate its value. Embrace the po

A practical guide to doing DEI work in a hostile era

The surge in anti-DEI sentiment, fueled by political actions, social pressures, and legal uncertainties creates a complex environment for organizations striving to foster diverse and inclusive workplaces.

To navigate this turbulent environment and advance diversity, equity and inclusion, companies should focus on three key actions:
1. Tying DEI to outcomes,
2. Creating systems that focus on debiasing,
3. Building cultures of accountability.

Understanding the backlash and how to defend against it

The current DEI backlash creates a complex environment for companies that want to  foster diverse and inclusive workplaces. To respond effectively, organizations must first understand the three sources of the backlash:

The political backlash: The current political climate is undeniably hostile toward DEI. From executive orders dismantling federal DEI programs to legislative efforts like the “Dismantle DEI Act,” the message is clear: DEI initiatives are under attack. 

Since last year’s SCOTUS affirmative action decision and the closing of the House Office of Diversity and Inclusion, threats to the public sector have had a chilling effect on the private sector. 

The social battlefield: The social backlash against DEI is just as significant as the political one. Organizations face pressure from all sides, with some stakeholders demanding more aggressive DEI initiatives while others decry them as “woke” or divisive. 

Fear of alienating customers or facing boycotts can lead organizations to water down or avoid speaking publicly about their DEI efforts.

And while cessation sensationalism may provide effective air cover for quietly continuing DEI work, what happens when there’s a disconnect between what a company says – or doesn’t say – and what it does? Our brains crave predictability. When we see contradictory actions and statements, it creates cognitive dissonance, which erodes trust and engagement.  In fact, alignment between what an organization says and what it does is the foundation of organizational accountability. Therefore, organizations need to think about the impact of this strategy on their employees.

The legal minefield: Although the law moves much more slowly than political and social forces, it is crucial for organizations to have a clear understanding of the legal framework governing DEI. 

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. However, as interpretation and application of laws are subject to change, organizations must stay informed about the latest legal developments to ensure compliance. This includes seeking legal counsel when necessary, conducting regular audits of DEI policies and practices, and staying abreast of any changes in legislation or judicial interpretation. 

Organizations must be prepared to defend their DEI initiatives against government scrutiny. They can mitigate legal risk in their DEI initiatives by avoiding the “three Ps”: 1. conferring preferences, 2. on protected groups, 3. with respect to palpable benefits.

How companies can continue DEI work

Despite these forces, organizations cannot afford to abandon their DEI efforts. DEI is not just a moral imperative; DEI is a business necessity. 

Research shows that when leveraged in the best way, diverse teams are more innovative and make better decisions, leading to improved performance and financial outcomes. According to a 2023 survey, inclusive companies are 1.7 times more likely to be innovative, and they achieve 2.3 times more cash flow per employee.,

To navigate the current landscape and continue to reap the benefits of DEI, organizations must adopt a strategic and proactive approach, focusing on three key actions:

Make the case for impact. Organizations must be able to articulate the “why” behind their DEI commitments in a way that resonates with diverse – and sometimes resistant – stakeholders. By articulating the “why,” organizations make DEI compelling, tapping into our intrinsic motivational brain networks. Research shows that adding a “what’s in it for me” allows others to align their own individual goals with those of the initiatives, making it more likely they’ll act upon them. This calls for moving beyond the moral case for DEI to prove its tangible value.

We have developed a science-based framework that outlines the tangible benefits of DEI and provides practical guidance on how to achieve them. It emphasizes the importance of prioritizing diversity and habituating inclusion to drive business success and create a more just, sustainable work environment for everyone. It provides a roadmap for organizations to measure the impact of their DEI initiatives and demonstrate their return on investment. In today’s climate, where DEI is facing increased scrutiny, it is more critical than ever for organizations to articulate the business case for DEI and demonstrate its value. 

Embrace the power of de-biasing: Debiasing is a powerful tool for building fair and inclusive systems and processes. By removing unconscious bias from decision-making, organizations can create an equitable environment where merit matters. Thus, even those who oppose DEI from a “meritocracy” standpoint cannot reasonably argue against debiasing, Yoshino says.

At the individual level, this means understanding and mitigating unconscious bias. Interpersonally, it calls for changing behaviors, adopting habits of inclusion, and enabling psychological safety in teams. At the institutional level, implementing strategies such as blind recruitment, structured interviews, and standardized performance evaluations can sustain individual and interpersonal progress. 

Ongoing education and training maintain and increase awareness of unconscious bias and equip individuals with the skills to mitigate its impact. Organizations can move beyond simply acknowledging the existence of unconscious bias to actively addressing it and creating a more inclusive workplace where everyone can deliver value. 

Build a culture of accountability:

Accountability is the backbone of any successful DEI strategy. It’s not enough to simply have policies in place; organizations must ensure that these policies are translated into action, both for their employees and their customers. Not only does organizational accountability boost employee engagement and performance, it is also a predictor of long-term organizational performance. Inclusive leadership calls for accountability, both in modeling and ensuring inclusive behaviors.

Neuroleadership Institute research has revealed two distinct forms of accountability that can apply to how we continue DEI work. Many organizations default to a punitive form of accountability — like withholding bonuses — that focuses on blame and punishment, hindering progress and creating a toxic environment. Fostering a proactive culture of accountability, on the other hand, frames accountability as a challenge and opportunity for growth. For DEI work, this means creating and communicating the “why” behind initiatives, establishing success metrics, and sharing outcomes with employees and customers.

Proactive accountability, supported by neuroscience, drives individuals and organizations to achieve goals and own outcomes. This fosters trust among stakeholders, ultimately leading to improved results.

Inclusive leadership development can create ownership and empowerment by redefining DEI accountability as a necessity for positive business outcomes.

Looking Ahead

The road ahead for DEI is bumpy, winding, and fraught with challenges. It is also paved with opportunities. By embracing a strategic and proactive approach, organizations can withstand the present to win the future in an increasingly diverse world. 

This is a defining moment for DEI. Organizations that rise to the occasion will not only reap the rewards of a diverse and inclusive workforce but also contribute to a more just and equitable society. By weaving DEI into their business goals, eliminating bias from their systems, and fostering cultures of accountability, organizations can navigate the turbulent waters ahead and emerge stronger and more inclusive than ever before.

Janet M. Stovall, CDE, is the Global Head of D&I at the NeuroLeadership Institute.