
ICYMI: Reducing The Risk Of DEI Communications
ICYMI is a new section we've started to focus on stories that appear elsewhere that draw attention to trends and issues that impact communications professionals; research that can inform and inspire PR people; and other interesting content that we think is relevant to the PRovoke media audience.
We've placed a sharp focus on the evolution-and erosion-of corporate DEI commitments, covering both tangible rollbacks and the shifting rhetoric that accompanies them.
But this article in HBR takes a different tact in addressing the issue. The authors, who are part of NYU School of Law's Meltzer Center for Diversity, Inclusion, and Belonging, offer a practical guide to DEI communications, providing best practices (and sample language) that reduce the legal risks organizations face by discussing their efforts publicly.
“By now, many organizational leaders are well aware of the need to conduct a legal review of their DEI programs. But having lawful policies in place is one part of the equation. The way you communicate about those policies matters just as much,” the article said.
The article notes that there are two primary communications challenges. The first is talking too much, as“any organization that wants to avoid being targeted needs to learn what language might inadvertently and falsely signal that it is engaged in illegal activity.”
The second challenge is talking too little, which occurs when organizations' leaders fear using terms like“DEI” and“equity” puts them at legal risk and, as a result,“they fall silent unnecessarily.”
The authors - Kenji Yoshino, David Glasgow and Christina Joseph - go on to say they“want to help leaders and employees chart a sensible course between these extremes” and lay out the legal risks of using particular language when communicating about DEI.
They offer suggested language to use in laying out organizations' justification of DEI, hiring and promotion, diversity targets and diversity training. The authors also stressed the importance of leaders taking“three steps to encourage their people to sing from the same songbook” including engaging public affairs or comms teams in the issue; documenting their approach to DEI in writing; and training managers in how to communicate about DEI.
“After an already challenging several years, the DEI legal landscape in the years ahead will get even tougher. Smart, effective communication can help organizations reduce their own risk and ensure that their DEI programs endure over the long term,” the article said.

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