At Constangy, we understand how important implementation and achievement of your DEI program is. Diversity and inclusion have been areas of focus for many employers for years now. However, with the momentum of the social justice movement, we see organizations placing an increased emphasis on efforts to further their goal of ensuring a diverse, inclusive, and equitable workplace. Having a DEI policy is a basic starting point, but organizations that truly want to advance these concepts must dig deeper. Employers should consider adopting DEI best practices, analyzing their workforce and practices, and developing lawful mechanisms that will foster true change.
Constangy’s DEI Audit tools can assist an employer with assessing whether its efforts are designed to cultivate true DEI within its organization. Our DEI Audit tools are exceptionally comprehensive from start to finish. Important audit segments cover the breadth of the employer-employee relationship—from pre-employment postings and policies to post-hire practices and employee engagement. Whether it is employee performance reviews or workplace culture, Constangy’s DEI Audit tools will help you dissect your internal DEI efforts and practices . . . and Constangy lawyers can work hand-in-hand with your organization to plan and implement any needed changes. The DEI Audit tools described in more detail below are designed to measure an organization’s compliance with various laws and regulations that impact DEI, as well as the voluntary actions that employers can adopt to help “move the needle” when it comes to achieving a diverse, equitable, and inclusive workplace.
Our firm’s DEI Audit Services are different from what you might find elsewhere. These tools were prepared by employment lawyers with an eye for what matters from a variety of perspectives – technical compliance, EEO and harassment issues, litigation and EEOC trends, DEI best practices, and organizational barriers. We understand that DEI involves more than just responding to the latest fad or newsworthy event, and our Audit tools incorporate this intersection between employment law and DEI.
To facilitate these important DEI efforts, we have developed a three-tiered service approach:
- DEI Implement
- DEI Self-Assessment Indicator
- DEI Evaluation & Strategic Action Plan
Because DEI efforts encompass numerous components of an organization, use of these DEI Audit tools may require input from various sectors or departments, such as human resources, DEI, organizational development, talent acquisition, compensation, benefits, employee relations, and similar groups. Participation by this cross-section of viewpoints is necessary to obtain a robust and accurate view of overall DEI efforts and strategies. And yet, the tools are intuitive and user-friendly, so you can execute the assessment and have results in a few weeks, not months.
DEI Implement – Tier One
Our DEI Implement details specific DEI initiatives and programs that can be executed throughout the employment process and employee lifecycle. The DEI Implement contains sections on pre-employment policies and practices, post-offer procedures, terms and conditions of employment, employee engagement and culture, and a separate section for federal contractors. Each section lists numerous suggested DEI and compliance topics. Organizations can check off the areas already satisfied and circle other topics or ideas for further review and development. In addition to the thorough, eight-page DEI Implement, this tier includes an optional thirty-minute conference with one of our experienced DEI attorneys to address questions about your DEI practices. For a brief preview of the DEI Implement, click here.
DEI Self-Assessment Indicator – Tier Two
Constangy’s DEI Self-Assessment Indicator incorporates the same sections included in the DEI Implement, but provides an extensive and detailed questionnaire to be completed by the organization. Responses are automatically scored, and users can monitor and evaluate their own DEI progress and achievements, while also using the questionnaire to learn about and develop additional DEI initiatives. Given the breadth and scope of the questionnaire, we estimate that most organizations will need two to four weeks to complete it. For a brief preview of the DEI Self-Assessment Indicator, click here.
DEI Evaluation & Strategic Action Plan – Tier Three
The most comprehensive tier of Constangy’s DEI Audit Services is DEI Evaluation & Strategic Plan. This tier includes the detailed questionnaire described above in Tier Two, but in lieu of the self-assessment, a Constangy attorney well-versed in the DEI area will review and evaluate your organization’s responses and information and provide detailed feedback and recommendations. The Evaluation will include an assessment of each area of inquiry, noting any fields where efforts are not likely to result in meaningful change and if potential issues of legal non-compliance are identified. Constangy will also provide assistance with policy preparation, where necessary, and development of a Strategic Action Plan to help achieve DEI opportunities identified in the Evaluation. To the fullest extent possible, responses that are gathered in the process and the Evaluation have the protection of the attorney-client privilege.
Mandatory Policy Regarding COVID-19 & Flu Vaccination
This immunization policy was created for companies who are mandating all staff to take the COVID-19 and flu vaccines. The scope of the policy covers temporary workers, trainees, and contractors working for a company regardless of where the staff are working or otherwise providing services.
This policy has been established such that all individuals subject to it must present acceptable documentation of vaccination for seasonal influenza and COVID-19. The policy also provides medical and religious exemptions.
Non-Mandatory Policy Regarding COVID-19 Vaccination
The Non-mandatory Policy was created to safeguard the health and well-being of employees and their families, customers and visitors, others who spend time at a company's facilities, and the community from infectious conditions that may be mitigated through an effective vaccination program. This policy is intended to comply with all applicable laws and is based on guidance from the Centers for Disease Control and Prevention and local health authorities, as applicable.
The policy applies to all employees, including full-time, part-time, and seasonal employees. It does not apply to independent contractors, customers, vendors, or visitors. The policy applies to FDA-approved vaccinations for the COVID-19 virus.
This policy only governs individuals within a company's facilities and does not apply to clients’ worksites or facilities.