2020 Labor & Employment Virtual Seminars Developing an ...

Spencer Fane LLP | spencerfane.com

2020 Labor & Employment Virtual Seminars

Developing an Inclusive and Unbiased Workplace

Culture: Ten Strategies for Success

Elizabeth Wente | Partner | Springfield, MO

ew [email protected]

Ruthie White | Partner | Houston, TX

rw [email protected]


Understand

D&I Basics

DiversityValuing and promoting differences

and unique characteristics of

individuals in the workforce to achieve

better results

EquityFair, impartial and equal access to

opportunities

InclusionLeveraging diversity to create a work

environment in which everyone feels

welcome and able to contribute to their

fullest potential

Diversity is numbers

Equity and Inclusion

are behaviors


Diverse Facts


Diverse Facts


Appreciate

D&I Benefits


D&I Benefits

Increased

Creativity

Different

Perspectives

Higher

Innovation

Faster

Problem-Solving

Higher

EmployeeEngagement

Better

Retention

Increased

Profits

Improved

Decision-Making

Better

Customer Relations

Positive Company

Reputation


Decrease Legal Costs

Consumes

Time

Disrupts

Business

$150K – $450K


Minimize

Implicit Bias


Implicit Bias• The brain takes in 11 million bits of information at any one point

in time but - the brain can process only 40 bits of information per

second

• Therefore, we take mental shortcuts (or make quick judgments)

based on our experiences

• Up to 95% of the mind's function is unconscious.

• Every second, 11 million bits of information barrage our senses,

but our brain's maximum capacity is less than 50 bits per

second.

• In order to make it easier to digest all this information, we have

to rely on assumptions every day to help us make decisions

quickly and efficiently.

• No one is immune from bias


Implicit Bias

• What might we use to fill in the blanks? • Family history

• Personal experiences

• Personal values

• Educational experiences

• Historical influences

• Cultural influences – e.g., in media

• In some cases, the filters may be helpful• (i.e. smoke may mean fire

• In some cases, the filters may be harmful• (stereotyping)


Implicit Bias


Types of Implicit Biases

Confirmation Horn

National

Origin

Anchor

GI, SO)

Halo

Attribution

Authority

Status QuoNational

Origin

Conformity

GI, SO)

Stereotyping

Affinity


Implicit Bias

Bias (Thought)

Stereotype(Perception)

Prejudice(Attitude)

Discrimination(Conflict)

Exclusion(Action)

Micro/Macro-Inequities(Behavior)


Analyze &

Calibrate


Analyze & Calibrate

• Leadership must acknowledge that diversity and inclusion issues are not HR

issues-they are company issues!

• Leadership must take an honest look at the current workforce.

• Do not assume the culture matches the mission/vision

• Review data

• Seek honest feedback regarding diversity and inclusion

• Surveys

• One-on-one conversations

• Department meetings

• Town hall conversations


Bias Busters

• Avoid snap judgments – put first impressions aside• If I put aside my first impressions, would I make the same

decision?

• Focus on the facts• Make conclusions after you have explored the facts

• Challenge yourself to slow down and make measured decisions

• Harvard Implicit Association Test • 76% associate men with career and women with family• 75% prefer white people over black people (half are black)

(implicit.harvard.edu).

http://implicit.harvard.edu/


Recruiting


Implicit Bias - Exercise

• Affinity Bias

• Halo Bias

• Horn Bias


• Analyze the 5Ws & H of Recruiting

• Who is conducting the interviewing?

• What is being said during the interviews?

• When are you starting to look at the

pipeline for candidates?

• Where are you looking for candidates?

• Why are you selecting certain candidates

(e.g. performance or “good fit”)?

Recruiting

• Consider “The Voice” resumes

• How much of your recruiting is referral based?

• Implement a structured and intentional recruiting process

• Define what is a “good cultural fit”

• Be intentional about where you recruit candidates

• Identify multiple interviewers

• Train interviewers


Compensation


Compensation

• Conduct a compensation analysis (under privilege)

• Obtain detailed information regarding the reason for differences in pay between

similarly situated individuals of different race, sex, age, and any other protected

characteristics

• Implement a compensation strategy

• Eliminate prior salary

• Set clear expectations for compensation

• Value all work

• Limit discretion available in setting pay

• Prohibit “exceptions” to the strategy


Training


Training

• Employers should provide live training on diversity and inclusion efforts to all

employees (supervisory and non-supervisory).

• Implicit bias

• Interrupting bias

• Basics of employment law and how to report issues

• The training should focus on how each employee plays a role in the efforts.

• Supervisory employees should receive additional training regarding their

legal obligations as supervisors and modeling behavior.


Performance


Performance

• Set specific performance expectations and goals for each position

• Value all elements of the position/work

• Train all individuals that conduct performance reviews to improve

consistency

• Different biases that appear in performance reviews

• Rating system used by the company

• Require employees conducting reviews to take an implicit bias test

• Work Assignments – rotation and accountability

• Use HR as a “consistent” in the review process


Sponsorship


Sponsorship

• Sponsorship = an advocate

• Do not assume all sponsorships occur “organically”

• Consider programs:

• Educate on the difference between mentoring and sponsoring

• Make sponsorship a strategic priority

• Create formal sponsorship programs

• (and recognize participation)

• Implement formal succession planning


Take-Aways

Leadership must MODEL expected

behavior.

Ensure the MESSAGE is thoughtful

and drive results: D&I benefits

everyone

MANAGE when situations contrary to

an inclusive workplace arises:

consistent and prompt remediation

MONITOR the workplace to minimize

implicit biases and ensure

effectiveness of D&E initiatives


Ruthie WhitePartner | Houston, TX

713.212.2626 | [email protected]

Thank You

Elizabeth WentePartner | Springfield, MO

417.888.1037 | [email protected]

Date post:	16-Oct-2021
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