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Anti-Discrimination as a Matter of DEI

Updated: Nov 8, 2023

In 2022, the EEOC had an almost 20% increase in new discrimination charges received as compared to 2021. ​​EEOC Releases Annual Performance Report for Fiscal Year 2022 | U.S. Equal Employment Opportunity Commission. From a monetary perspective, over a billion dollars was obtained by the EEOC for victims of discrimination in FY22. There are some industries experiencing increasing attention from the EEOC. The construction industry, in particular, has been described by the EEOC as having "some of the most egregious incidents of harassment and discrimination."​​Building for the Future: Advancing Equal Employment Opportunity In the Construction Industry | U.S. Equal Employment Opportunity Commission (

Anti-discrimination can be effectively fostered as a matter of DEI - consider the data that shows inclusive practices contribute to a 57% decrease in discrimination cases (HBR).

As a diversity issue, anti-discrimination should address the lack of respect for differences and unique attributes of individuals.

As an equity issue, anti-discrimination should address fairness in outcomes through reasonable efforts to ensure disparities are eliminated across differences.

As an inclusion issue, anti-discrimination should address efforts to foster an environment where everyone’s voice can be heard by making them feel welcomed and then valuing their opinions so that they feel heard.

As a belonging issue, anti-discrimination should address the impact of inclusive efforts on the individual and is demonstrated by responsive and corrective action to reports of behaviors that do not respect differences, do not promote fairness, do not foster a welcoming environment, or reports of any retaliatory behaviors.

Policies, processes, systems, technology, patterns and practices should all be evaluated to advance anti-discrimination. More significantly, a data-driven approach is necessary to ensure your DEI programs and initiatives are addressing the specific concerns in your workplace. Data can also reveal blind spots that might be otherwise overlooked. For example, be cautious when structuring inclusion programs so that you do not create offsetting exclusionary practices for some demographics while solving for inclusion of other demographics - a carefully tailored DEI strategy will ensure that equal protection applies for all. When effectively structured, DEI programs and initiatives can be utilized as proactive tools for mitigating discrimination.

Contact TULIP Advisory Professionals LLC for a free consultation on getting started with an Equity & Inclusion Audit. Our team is made up of professionals with experience and backgrounds in HR, employment law, DEI analytics & reporting, workplace investigations, legal research & writing, and law school professorships. For more information about how we can help you with fostering an anti-discrimination work environment, email us at

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