How to Effectively — and Legally — Use Racial Data for DEI

After the recent U.S. Supreme Court ruling striking against affirmative action in higher education, leaders might be concerned that their DEI initiatives and programs will face additional scrutiny and legal challenge. While reducing liability is a responsible move, the author cautions against letting these efforts lead to a fear-driven abandonment of effective DEI practices. To sustain DEI progress in this time, companies should focus on curtailing the usage of racial data that is the most legally risky, while taking decisive action to continue using racial data to eliminate discrimination, remove bias, and create fairer workplaces. The author illustrates how to curtail this risk, identifies five goals for this data use (to identify disparities, to remove universal barriers, to correct discrimination, to design fair processes, and to demonstrate DEI progress), and offers dos and don’ts for companies hoping to sustain DEI progress.