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cover of episode The rise and fall of the DEI movement

The rise and fall of the DEI movement

2024/9/6
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David Glasgow
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旁白: 近年来,许多公司在公开支持 DEI 计划后,开始逐渐放弃这些计划。保守派立法者对 DEI 计划的攻击,以及最高法院废除大学平权行动的裁决,都为反对工作场所 DEI 政策的人创造了法律空间,导致了对 DEI 的强烈反弹。 Noah Feldman: 最高法院的平权行动裁决可能会扼杀公司在招聘中考虑种族多样性的能力,因为公司担心法院会认定考虑种族多样性为非法歧视。 David Glasgow: DEI 包含三个方面:多样性(D)、公平(E)和包容性(I)。2020 年乔治·弗洛伊德事件后,许多公司感受到巨大的政治压力,试图通过 DEI 计划改善工作场所,回应社会问题和员工需求。然而,反对 DEI 的声音成功地将 DEI 刻画成与公平、自由和能力背道而驰的东西。DEI 支持者需要更好地阐述 DEI 的意义,并关注 DEI 实施的严谨性,避免过度的羞辱和取消文化。最高法院关于平权行动的裁决也影响了 DEI 的法律环境,许多公司出于对诉讼的担忧而退缩。取消 DEI 计划会导致公司文化受损,来自弱势背景的员工会感觉自己不被重视,缺乏晋升机会。 旁白: 企业对DEI的支持正在减少,保守派立法者正在攻击DEI项目。最高法院废除大学中的平权行动,为反对工作场所DEI政策的人创造了法律空间,导致了对DEI的强烈反弹。许多公开支持DEI政策的公司都在逐渐放弃这些政策。

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Following George Floyd's murder, many corporations pledged support for racial justice and implemented DEI programs. However, a shift occurred, with DEI initiatives facing backlash from conservative lawmakers and legal challenges arising from the Supreme Court's affirmative action ruling.
  • Corporations initially embraced DEI after George Floyd's murder.
  • Backlash against DEI gained momentum, leading to legal challenges and program cuts.
  • The Supreme Court's affirmative action ruling impacted DEI policies in the workplace.

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It was called the Summer of Racial Reckoning. In the wake of the murder of George Floyd at the hands of Minneapolis police officer Derek Chauvin, protests erupted across the country calling for an end to police brutality and systemic racism.

And as tens of thousands took to the streets, some of America's largest corporations joined the call for racial justice. In Nike's new ad, the shoemaker is using its Just Do It brand to say what not to do. Don't turn your back on racism. Microsoft is joining Amazon and IBM in refusing to sell its facial recognition software to police. So far, companies have pledged more than $1.7 billion to advance racial justice.

They pledged to take a stand against systemic racism, donated millions to organizations that fight for social justice, promised to support businesses run by women, people of color, and members of the LGBTQ community. And some companies went a step further, extending the social justice narrative and creating programs to incorporate the goals of diversity, equity, and inclusion in hiring, retaining, and promoting talent. I have resigned as a member of the Reddit board.

I have urged them to fill my seat with a black candidate. But almost as soon as companies embraced DEI, the landscape of corporate reckoning began to shift. Diversity, equity, and inclusion, or DEI programs, are under attack by conservative lawmakers. Lowe's scrapping their diversity, equity, and inclusion programs after facing pressure from... Harley-Davidson is the latest company to drop diversity, equity, and inclusion initiatives. Technology companies...

including Alphabet, the parent company of Google. Also, meta platforms have made big cuts to those DEI programs. Backlash against DEI gained momentum with the June 2023 U.S. Supreme Court ruling that abolished affirmative action emissions in colleges. And while the law only applied to higher learning, it created a legal opening for those who oppose DEI policies in the workplace.

I spoke with Harvard Law Professor Noah Feldman about this last spring, and he pointed out the affirmative action ruling could stifle companies' ability to consider racial diversity in hiring. They will no longer tell themselves when they're making a hiring decision, well, if we have two roughly comparable candidates, this candidate adds racial diversity to our workforce, and therefore we should hire that person because they'll be concerned that the courts will find that to be unlawful discrimination.

Over the past four years, many of the companies that so publicly embrace DEI policies have been backing away. What are the politics behind the DEI backlash? And what happens when workplace diversity initiatives are lost? From NPR, I'm Scott Detrow. Support comes from our 2024 lead sponsor of Consider This, Anthropic.

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DEI has become many things to many people at this moment. So to better understand both the anti-DEI movement and why DEI is important, we called up David Glasgow. He's the executive director of the Melzer Center for Diversity, Inclusion, and Belonging at the NY School of Law. And I started by asking him to define DEI as he sees it.

Yeah, so I think it's helpful to actually pick apart the three letters in the acronym of DEI because they each mean different things. So the D part for diversity is really about diversifying the personnel in a particular institution. So you might focus on hiring, retention, or promotion just to make sure that the people at the top of the organization or being brought into the organization kind of match the demographics of the applicant pool or the local labor pool.

The E for equity is really about ensuring basic fairness in the way that your organizational systems and processes operate. So fairness in things like your employee benefits programs or how you hire people, the work assignments that people get, opportunities for mentorship and the like. And then the I is for inclusion. And that's really about

workplace and institutional culture. So do you have the kind of environment where people show up to work each day feeling respected, feeling that their voice is heard, that they're able to contribute their best ideas and be treated well by their colleagues and by their supervisors? And so together,

The acronym is really just about, you know, how do we ensure that in this, you know, diverse multicultural society that we live in that, you know, people of a whole variety of different backgrounds and identities feel that they can, you know, succeed and thrive inside their institutions. I want to talk about the current political moment, but I think it's worth, because 2020 feels so long ago in so many different ways, to rewind and talk about

Thank you.

What do you think these companies were trying to accomplish in that moment? I think a lot of organizations in that moment realized that they hadn't made enough progress on a lot of the issues that they may have been concerned about for a long time. So a lot of the statistics within companies at the top in C-suites, executive suites, leadership positions remained pretty homogeneous.

And I think that that moment after the murder of George Floyd, it was really a flashpoint, a moment for reflection where leaders felt tremendous political pressure, I think, to do something to change their practices within their workplaces to make them better, not just for Black workers, but for workers of a variety of marginalized backgrounds who were saying that

their organizations weren't really serving their needs. So I think it was responding to, you know, political pressure, but I think it was responding to, you know, a very real kind of cultural problem within these organizations, many of whom had been trying to fix those issues for quite a long time. I guess before I ask you more about that, I'm just wondering how you...

have reacted and responded in this current political moment when DEI is kind of used as a dismissive slur? God, it's just a DEI hire. How do you make sense of that? How does that make you feel when you see that happening over and over again? Yeah, well, you know, for one, I think it makes me realize that proponents of DEI need to do a better job of making the case.

For DEI, because I think a lot of the anti-DEI activists have been quite successful in creating that kind of perception and that narrative around DEI as something that is, you know, opposed to merit, opposed to freedom, opposed to fairness, all of these kind of values that, you know, Americans really hold dear.

And so I kind of think that for a long time, proponents of DEI have just kind of assumed that the words diversity, equity and inclusion sort of sound good and friendly and warm. And so, you know, people are just going to support them. And I think now we're in a moment where we kind of need to get back on the front foot and make an affirmative case for it.

You know, but the other thing that, you know, had just caused me to reflect on is really the legal landscape, because, you know, I work in a research centre at a law school. And a lot of the backlash is coming from really the legal environment that we're in subsequent to the Supreme Court's decision in the Students for Fair Admissions, you know, affirmative action case last year. And so...

So, you know, we are doing a lot of work thinking about, you know, what are the legal kind of strategies and guidance that organizations need to continue doing this work right now? Because a lot of them are retreating, I think, out of fear of litigation. I want to ask you a few questions from the anti-DEI point of view, but in two very different ways. And first...

I want to ask about the people who have really focused on attacking this and the culture war aspect of this. What do you think the people that you're observing are getting wrong about this from your point of view and how they're talking about these programs and efforts and what they do? So I think the major thing that they're getting wrong is by reducing all of DEI to what they often call racial preferences. So I think the way that they're framing DEI is that

certain groups are getting an unfair advantage over other groups in access to opportunities in the workplace. Whereas, you know, DEI is just such a broad umbrella term that includes a whole range of practices that go well beyond that. So, you know, if you're an organization that

sets merit-based criteria for recruitment and promotion or has a structured interview process where you make sure that all candidates are assessed against the same criteria, I would consider that to be a DEI program, right? Even though no one is given any sort of preference or advantage in that kind of a system. Or if you think about things like parental leave,

or flexible work arrangements or childcare support. Again, you know, I see that as a DEI sort of program to help, you know, parents of young children and women advance within the organization. Or if you do outreach to broaden, you know, candidate pools of people who are applying for jobs at your organization. So I think the biggest mistake that they do, and, you know, I think honestly, in some cases it is quite deliberate, is to really zoom in

in on just the kind of DEI practices that aim to specifically uplift a particular marginalized group in the workplace and then treat that as though that's all of what DEI is.

Flip side, what do you think the most legitimate critique of DEI is when it comes to how it has been practiced by large corporations who have thrown a lot of time and effort and resources into the last few years particularly? Yeah, so a couple of things. One is that I think sometimes it's not implemented with a lot of rigor. I think some organizations will just...

you know, rush to implement a kind of one-off, you know, unconscious bias training or something and not really think deeply about the design of the program, you know, who's running it, is this research backed or not? And so there's a lot of, you know, quality variance. I'm sure a lot of your listeners have sat through, you know, some terrible diversity trainings in their time. So I think that kind of slapdash and unrigorous approach to DEI is one component of it.

And then I think another legitimate criticism is really approaches to DEI that involve, you know, excessive shaming and cancellation. You know, I think one of the seeds of the backlash was planted, you know, many years ago at the peak of what, you know, some people at that time were calling cancel culture where, you know, a lot of people were feeling really fearful about, you know, if they make one mistake, if they use, you know, a piece of terminology that's out of date that they didn't realize was outdated that they were going to get

you know, shamed by other people, you know, in their workplaces or in their, you know, schools or what have you. And so I think those kinds of approaches to DEI are not particularly helpful and are just kind of given fuel to the anti-DEI activists fire. Lastly, as we talk in this moment of several major companies scaling these initiatives back, what do you think the biggest thing that's lost is when a company does do that?

Well, I think the biggest thing that's lost is the kind of culture that I was describing at the outset of our conversation where people of all sort of backgrounds and identities feel that they have an opportunity to succeed within the organization. You know, when you get back to the fundamentals, that's really what, you know, DEI is about. And so when you rip away these programs and you say, you know what, we're no longer going to, you know, put our company's name forward for the Human Rights Campaign's Corporate Equality Index for LGBTQ.

cue inclusion, or we're no longer going to prioritize, you know, increasing women in leadership in our organization, or we're no longer going to sort of train our, you know, managers on how to mitigate, you know, bias against, you know, people of color or others in our promotion process.

I think what that does is kind of sends a message to people from underrepresented backgrounds in the workplace that maybe, you know, they don't belong there or that they don't have a path to, you know, promotion or a path to succeed within the organization. And so, yeah, I just think it's incumbent on organizations to, you know, not just consider the risks that are coming from the anti-DEI side, you know, legal and reputational risks, but also really think about the risks from the other side and what's lost if you retreat from DEI.

That's David Glasgow, Executive Director of the Meltzer Center for Diversity, Inclusion and Belonging at NYU's School of Law. Thank you so much. Pleasure to be with you. This episode was produced by Brianna Scott and Mark Rivers. It was edited by Jeanette Woods. Our executive producer is Sammy Yannigan. Thanks to our Consider This Plus listeners who support the work of NPR journalists and help keep public radio strong. Supporters also hear every episode without messages from sponsors. You can learn more at plus.npr.org.

It's Consider This from NPR. I'm Scott Detrow.

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