As sexual harassment continues to dominate headlines, Michael Horvat outlines why equal opportunity, not just equal treatment, is both a legal and social expectation for businesses
Organizations foster diversity and inclusion for a variety of reasons, including to promote fairness, retain and internally advance talent, and reflect the demographics of their client base. At the same time, there are daily reports about the inappropriate treatment of women, harassment of subordinates and marginalization. While the current focus has been on complaints arising out of film, television, media and politics, all employers must be prepared for the day that a complaint reaches their desk.
Every workplace should consider creating a diversity and inclusion policy. Such policies not only acknowledge and address the necessary and growing legal requirements related to accommodation, harassment and sexual harassment, but also meet the growing social expectation among employees (particularly millennials) that employers will eliminate barriers that impede full inclusivity in the workplace.
Providing equal opportunity, not just equal treatment, is becoming a legal and social expectation, and it must be presented and pursued as an immediate goal, not just a far-off objective. Diversity and inclusion policies are now a C-suite issue, and they must reflect the company’s internal business values and minimize risk and exposure, both financial and reputational.
Why it matters
Any company that is not ready to address issues of harassment and sexual harassment (whether in the workplace, on social media or even outside of work hours), as well as the inclusion, accommodation and internal advancement of visible minorities, persons with disabilities, Indigenous peoples and LGBTQI2S (lesbian, gay, bisexual, transgender, transsexual, intersexual and two-spirit) people, could find their business fundamentally impacted. Top employees could leave, the company’s reputation could suffer, and business could decline, all of which affect the bottom line.
Appropriate policies, training and enforcement are the first step to not only changing workplace culture, but also to ensuring it reflects how a company wants to engage with its employees, customers and stakeholders. The development and implementation of policies that promote diversity and inclusion can create a virtuous cycle of positive reinforcement.
Diversity among management expands the scope of personal and professional experience relating to discrimination, harassment and sexual harassment in the workplace; provides a more open and welcoming environment to address and resolve complaints; avoids or limits prejudice and bias when making personnel decisions; and potentially creates an environment in which difficult decisions can be made more easily, on the basis that such action or misconduct is simply not part of the company’s DNA.
Kimberley Thomas, affiliated independent counsel to Aird & Berlis, provides advice to the firm on Indigenous matters. When asked about the first step employers should take to create a more inclusive workplace for Indigenous team members, Thomas said, “Indigenous people are growing at a population rate that is four times faster than the rest of Canadian society, according to Statistics Canada. Indigenous people bring a unique worldview to their professions and can offer creative problem-solving and strategic thinking, which adds to a company’s bottom line. Employers must consider the Indigenous people on their teams and foster an environment where Indigenous values are part of the work culture.”
Addressing workplace culture is also a key message from Helen Kennedy, the executive director of the EGALE Canada Human Rights Trust. In a recent webinar offered by Aird & Berlis on gender roles in leadership, Kennedy provided some tips and resources for employers who are looking to enhance their diversity and inclusion strategies for LGBTQI2S people.
“In-person training and policy review are key to creating safer and accepting workplaces that foster inclusivity and diversity,” Kennedy said. “Policies around gender identity and gender expression in the workplace are changing rapidly, and there is a need for employers to stay up-to-date with today’s workforce. This, of course, is only the beginning, and employers should invite feedback, talk to their team, review their documented policies and ensure they are nurturing the success of this initiative on all levels."
Leading from the top
Aird & Berlis launched its own diversity and inclusion program just over a year ago. The partners of the firm appointed Corrine Kennedy as diversity and inclusion partner.
When asked for her input on what she believes corporate leaders can do to educate themselves on diversity and inclusion matters today, Kennedy said, “My biggest concern in working to build a diversity and inclusion strategy was: Where do I start? Certainly, the process can feel overwhelming. Organizations can start by actively communicating with and understanding their stakeholders, both internal and external. Whose voices are not currently being heard or built into our decision-making processes? What barriers are preventing certain employees from reaching their full potential or being their authentic selves at work?
“Moreover, information sharing has to be an ongoing process. As we move forward with initiatives, it has been critical to get feedback from as broad a cross-section of stakeholders as possible. You’ll be surprised how much people are willing to invest in that process when they feel like the intentions are authentic. In addition, getting a sense of what I didn’t know about diversity and inclusion was both a humbling experience and a useful starting point. I have found it necessary to get comfortable with key concepts, including various forms of unconscious bias and change management models.
“Ultimately, however, I keep reminding myself that it is a process,” Kennedy concluded. “To be effective and enduring, change requires a thoughtful approach, extensive planning, widespread buy-in and long-term commitment throughout an organization – particularly though not exclusively, from the top. Resolve to keep at it, maintain flexibility to respond to challenges and celebrate the small victories. Anything that keeps lines of communication open, conversations going and strategy evolving is a win for your workplace.”
More than policies alone
Revised legislation and changing expectations are putting pressure on employers. But simply adding policies is not enough. Those policies will have a greater impact and a more faithful following when implemented within a corporate culture that recognizes, accepts and promotes diversity of people and thought. Absent thoughtful application, such policies are in danger of suffocating in a vacuum of indifference or neglect, leaving companies legally and financially at risk, and their reputation exposed.
Michael Horvat is a partner in the workplace law group at Aird & Berlis LLP. He can be reached at [email protected] or 416-865- 4622. For more information on Aird & Berlis’ complimentary HRPA-accredited webinars and newsletters, or to register for the firm’s annual Workplace Law Summit, please email rsvp@aird
