At the Society for Advancing Business Editing and Writing (SABEW), O&G partner Jenny Yang said that diversity, equity, and inclusion initiatives are valuable strategies to help remove barriers and ensure fair opportunities for all workers.
Jenny Yang, a partner at Outten & Golden, spoke to business journalists on April 3 about the importance of workplace diversity, equity, and inclusion at the Society for Advancing Business Editing and Writing annual conference. The conference took place at the Hyatt Centric Arlington in Arlington, Virginia.
Yang spoke on a panel titled, “The Great Vanishing Act: Inside the Systematic Dismantling of DEI Across America.” Before she joined O&G last month, Yang enforced civil rights protections as head of two federal agencies: the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contractor Compliance Programs (OFCCP).
Co-panelists included:
- Alexandra Olson, reporter at the Associated Press
- Craig Leen, partner at K&L Gates
- Pia Sarkar, editor at the Associated Press (moderator).
To kick off the session, Yang said the term “DEI” is often misunderstood and misrepresented.
“‘Diversity’ came up with the Civil Rights Movement,” she said. “It was a way to message that we want to fully include America’s population in our institutions.”
Yang said DEI doesn’t require employers to enforce quotas or hire unqualified individuals. Rather, it can help remove systemic barriers and ensure fair opportunities for all employees, she said.
Leen said employers never should feel pressure to hire a candidate who doesn’t satisfy a position’s qualifications. And they should ditch the notion that there’s a “most qualified” candidate for a position, because several people may meet the qualifications, he said.
“When you get the group [of candidates] that do meet all the qualifications, we need to make sure that everyone has a fair chance to get selected,” he said. “But in the end, you still got to make a decision based on merit.”
Sarkar, the moderator, asked Leen how he advises clients that are concerned about President Trump’s executive orders that take aim at DEI. Leen counsels companies on how to comply with affirmative action and nondiscrimination obligations.
Leen said employers should audit their programs to ensure they’re compliant, but they should also recognize that DEI programs actually reduce discrimination. They should look for potential issues but shouldn’t be quick to terminate a compliant program, he said.
“It’s only really if you have a program that has a preference or a quota, a set-aside, or that treats people differently based on [protected traits] in employment,” he said. “Assuming you don’t have that — and you note that — you should be able to maintain your program.”
“In fact, you should maintain your program,” he added.
Yang added that workers should be aware that despite President Trump’s executive orders, federal antidiscrimination laws haven’t changed.
“The federal laws, as interpreted by the courts, are binding on federal agencies,” she said. “The Supreme Court’s decision in Bostock, for example, that found that discrimination based on sex includes sexual orientation and transgender identity is the law of the land.”
Olson spoke directly to the journalists in the audience and said they have a duty to interrogate when companies announce workplace initiatives or roll back programs.
“I think that’s where it’s important for us as journalists to get as specific as possible and try to explain why,” she said. “Why this program? Is it because it’s illegal?”
Lastly, Yang said employers should act with the goals of civil rights law in mind.
“Our laws protect everyone,” she said. “There is nothing unlawful about continuing a commitment to fully utilizing our workforce.”
