Do You Know What DEI Actually Is?

An older man has a questioning look on his face.

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Something close to an obituary for DEI — diversity, equity, inclusion — appeared in the Wall Street Journal on April 21, titled, “Diversity Goals Are Disappearing From Companies’ Annual Reports: Dozens of firms change what and how they report diversity initiatives; deleting the word ‘diverse’ or cutting whole sections.”

I have a confession to make. While, like most people, I’ve heard lots of bad stuff about DEI, I could not really explain what it is or how it is supposed to benefit our society. And I’m not alone. In fact, before writing this story, I phoned several lawyer friends and asked them to describe what DEI is.

No one could provide a clear answer, but I often heard, “It is reverse discrimination and punishes white people for being successful.”

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So, to fill the gap in my own lack of understanding, I interviewed attorney Ann Thomas,

chief diversity and inclusion officer of the nationwide law firm Stinson LLP.

She is a dynamic lecturer for LearnFormula — a provider of continuing legal education podcasts — and explained what DEI is and how, sadly, it has been misinterpreted and, in effect, hijacked. Thomas firmly believes that DEI can accomplish a great deal of good for society when in the right hands.

I asked her for an operational definition of DEI, or how it should function. She said, “Dennis, the goal of DEI is the promotion, fair treatment and full participation of all people and especially groups that have historically been under-represented or subject to discrimination.”

Becoming aware of unconscious bias

“We all have unconscious bias,” she added, “mental shortcuts the brain creates to make quick decisions based on past information. These biases only become a problem when shortcuts inadvertently harm others.

For example, she noted, “The legal field traditionally relied on grades and school prestige to determine whether someone would be successful. But there is no direct correlation as the profession has changed. Lawyers also need leadership skills, emotional intelligence and the ability to pivot to meet the demands of a changing industry. One way that our firm has expanded the qualities we look for when hiring new lawyers is grit — the ability to overcome adversity is a necessary skill that has nothing to do with grades.”

DEI remedies limitations on access to opportunities and retention

A glaring example of limiting access to opportunity was discussed by Anna Papalia in her book, Interviewology: The New Science of Interviewing, which I reviewed in my March 12 column, Why Poor Job Interviews Hurt Both Employers and Job Seekers. Papalia pointed out, “HR consultants admit that women will typically ensure they check every criteria on a job description before applying, but men will apply if they meet around 60%. So, if you don’t include unnecessary criteria, then you can accommodate women who otherwise would be able to do the job.”

To Thomas, “a knowledgeable employer will eliminate criteria that just are not relevant to the job. But it's not enough to stop at recruiting; we have to ensure that employees have a pathway forward for career advancement that takes their unique challenges into consideration.”

Is DEI contrary to a society based on meritocracy?

Thomas was quick to note that one of the false arguments against DEI is that it enables people to get a job that they are not otherwise qualified for. “We have never really had a true meritocracy,” she maintained. “Social and economic class has a lot to do with advancement.”

Lyle Sussman, professor emeritus at the College of Business at the University of Louisville and a frequent contributor to this column, agreed: “The belief that America is racially color-blind is a fallacy. The belief that it may become racially color-blind is a Utopian dream.”

Why the uproar? Why do so many dislike DEI?

“I think there is an assumption that DEI will replace those in power with people who have not had power,” Thomas said, “but it isn’t about replacement. Instead, it is about expanding the pie. There is a lot of unnecessary fear that DEI lowers standards. But that’s false reasoning. More likely than not, it is because you are not the best candidate. You may not have the nuanced skills needed to succeed in today's environment.”

The real beauty of adding diversity

There is a concrete business aspect to DEI, as Thomas noted: “People want to be in the company of and have business relationships with those who are like them. That is the essence of affinity bias — another mental shortcut. Yet, the real beauty of adding diversity is that you are able to have a smarter team, innovate, avoid overlooking something that could be significant and expand the pie, which benefits everyone. Our law firm — like many businesses — has seen an increase in clientele and work because of the diversity of our teams. This is one practical benefit of DEI.”

So, is it time to prepare a casket for DEI? Thomas said she doesn’t think so.

Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.

Disclaimer

This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.

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After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, You and the Law. Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."