November 11, 2020 | less than a minute read

Pre-Biden, Employers Can Get Diversity Head Start

Mintz

Employers have been conflicted on how to handle President Trump's Executive Order on race and gender stereotyping, as referenced in this WSJ article. There has been a fear it will have a chilling effect on diversity and implicit bias trainings.

Even with the Executive Order set to go into effect on November 22nd, companies that have committed to diversity goals and progress have a number of options to proceed even before the Biden administration comes into office. This is because there is very little that the Trump Executive Order "prohibited" which would be new and Supreme Court precedent still allows lawfully crafted voluntary affirmative action or diversity initiatives.

Mr. Biden’s campaign has said he plans to address wage inequities between Black and white workers, diversify leadership at federal agencies, and make it easier for workers to pursue claims for harassment and discrimination. He has also said he would double funding for the Equal Employment Opportunity Commission and continue the Obama administration’s efforts to collect data on earnings gaps by race and gender. Mr. Biden is also expected to rescind a Trump executive order that places limits on racial-sensitivity training, which would allow government agencies and companies with federal contracts to freely discuss topics such as white privilege and systemic racism.