Ask Jack: Can DEI Personnel Be Racist?

We appointed a new director of DEI. We have already received a complaint that she speaks down to people. One person called her a racist. Is this for real?

?Anyone, no matter their position, can be racist, sexist, ageist, ableist, and/or violate equal employment laws. In fact, many equal employment cases are brought against human resource personnel who are supposed to comply with equal employment laws.

In April, the State of Washington's first equity director was fired because she allegedly made racist comments about Hispanic employees and "fat shamed" another employee. An independent investigation found that the director had issues with Hispanics and was prone to insensitive conduct. The director is investigating whether to bring a wrongful termination suit, according to the report.?https://www.dailymail.co.uk/news/article-12175465/Washington-states-equity-director-fired-fat-shaming-colleagues-racist-comments.html

If you have complaints of racism, it is important that you investigate those reports immediately even if it involves investigating someone whose responsibility is to eliminate inequities. Only through an independent and professional investigation can you hope to discover the truth and limit your exposure to equal employment charges.

The final takeaway is that the purpose of any DEI position is to promote respect for differences. Downgrading others for being different is the opposite of DEI.

Jack McCalmon, Leslie Zieren, and Emily Brodzinski are attorneys with more than 50 years combined experience assisting employers in lowering their risk, including answering questions, like the one above, through the McCalmon Group's Best Practices Help Line. The Best Practice Help Line is a service of The McCalmon Group, Inc. Your organization may have access to The Best Practice Help Line or a similar service from another provider at no cost to you or at a discount. For questions about The Best Practice Help Line or what similar services are available to you via this Platform, call 888.712.7667.

If you have a question that you would like Jack McCalmon, Leslie Zieren, or Emily Brodzinski to consider for this column, please submit it to [email protected]. Please note that The McCalmon Group cannot guarantee that your question will be answered. Answers are based on generally accepted risk management best practices. They are not, and should not be considered, legal advice. If you need an answer immediately or desire legal advice, please call your local legal counsel.