Pushing Back On The Rollback

I’ve heard from several clients who are nervous about continuing to pursue their workplace diversity, equity, and inclusion efforts.

They aren’t sure what is legal. They fear loss of funds and lawsuits. Many have put programs on hold until more is known.

It’s no surprise. This is exactly what President Trump’s administration wants: to sow fear, and thereby roll back the progress that has been made.

Good news emerged last Friday when U.S. District Judge Adam Abelson in Baltimore granted a preliminary injunction blocking the administration from terminating or changing federal contracts they consider equity-related. Judge Abelson found that the orders likely carry constitutional violations, including against free-speech rights.

Here are some additional resources that outline what is legal, including educational programs and workshops. I hope they are helpful to you as you consider your path forward.

• AG Campbell Issues Guidance For Businesses On Diversity, Equity, Inclusion And Accessibility Employment Initiatives In The Workplace (press release)

• The Legal Landscape Around DEI Is Shifting. Your Messaging Should, Too (Harvard Business Review)

• DEI Programs Are Lawful Under Federal Civil Rights Laws and Supreme Court Precedent (Office of General Counsel)

The Microdecisions That Prevent Microaggressions

Last week, I was exiting the women’s restroom at the airport. I noticed someone walking toward me, head down, on the way into the bathroom—and it looked like a man (to me). I almost said, “Excuse me—this is the women’s restroom”—but caught myself.

I spent the ride home thinking about the encounter and the choice I made.

One possibility: it was an older man making a mistake. This is what I thought in the moment. Wouldn’t the man appreciate a heads-up before entering the wrong restroom?

Another possibility: it was a woman intending to use the women’s restroom. Maybe they don’t “look” female to me—but that’s my mistake, not theirs.

I thought through the upsides and downsides of acting on either of these possibilities. 

If it was a man, then by saying something I would have helped a stranger avoid momentary embarrassment. (Although…if they had walked into the ladies’ room, they would have realized their mistake as soon as they saw a woman inside…or discovered the lack of urinals. Their problem would go away very quickly with or without my intervention.)

However, if it was a woman, then I would have committed a textbook microaggression. The person was going about their day, and a total stranger made a comment that singled them out as different. Even if my intent was to be helpful, the impact would cause harm. My comment would remind them that they don’t conform to many people’s assumptions about what a woman looks like.

Is that a big deal? Yes. People who are non-binary, trans, or otherwise gender non-conforming are subjected to overt hostility, persecution and violence. Individuals, institutions, and governments are making their lives more difficult every day. I’d rather not add one more sting to that barrage.

I am confident that I—like the other person headed to the restroom—made the right choice in the end. 

Where We Are Supposed To Be

One place I am turning to help me through this period is my yoga mat.

When I came home yesterday I did a 30-minute yoga practice with one of my favorite teachers. I focused on her words: 

“Hard things will come. Find the calm. Find the confidence. Trust your intuition.” 

A little later: “You’re never going to get more than you can bear.” 

She ended with, “You are exactly where you are supposed to be.” 

In that moment I felt okay. Part of it was just about the focus—staying present and concentrating on the poses and her voice cleared some of the scattered thoughts and worries.

But that last phrase especially has stuck with me, off of my mat. 

“You are exactly where you are supposed to be.” 

Everyone doing the work of equity is in the center of swirling anxiety right now. But it’s absolutely true—we are where we are meant to be. 

DEI professionals, HR people, first responders…people who care for people, or create inclusive spaces in whatever form or role…this is when and where we are needed most.

In spite of everything, we have to remain standing and pressing forward. If none of us were here, it would be so much harder for others. 

This is our role to play. We will continue doing what we know is right. Living our values. 

But it sure helps to hear some encouragement.

What are you doing to stay centered?