The Missing Piece in Diversity, Equity, and Inclusion Narratives and Practices

In the wake of recent Supreme Court rulings that all but gutted affirmative action , a new uncertainty is creeping into C-suites and boardrooms of corporate America. Though these legal decisions were confined to higher education, the potential chilling effect on workplace DEI (diversity, equity, and inclusion) policies looms large and casts an unsettling shadow. Business leaders now find themselves at a seminal moment. They must choose between kowtowing to the Supreme Court's misplaced and myopic decision, which could unravel the strides made in workplace diversity, or making a courageous decision to be even more proactive and committed—forging a path where DEI becomes not just a buzzword but a foundational principle.

This is also a crucial moment to broaden our collective understanding of what DEI really means,?to challenge old biases and assumptions, and to double down on our commitment to build more inclusive environments and a fairer future of work. The potential is great, our responsibility is immense, and the choices we make today will, in fact, continue to define the course of? American history and its business landscape.??

Ask any CEO or human resources leader, and most will acknowledge that DEI is a key part of business success and critical to economic growth heading into the future of work. Workplace diversity has been shown to improve innovation, problem-solving, and financial performance . In a 2022 survey by KPMG , more than three-quarters of companies said they view DEI as a business imperative, and 59% said DEI is critical to company growth and profit potential.

Accordingly, earlier this year, more than 80% of companies surveyed by Gallup said they were increasing their investment in DEI initiatives. In theory, this is encouraging news. In practice, we have only taken a few steps in the journey of a thousand miles. One of the steps that is often missing from meaningful DEI practice is fair chance hiring.

One of the Missing Pieces in DEI

You can’t have a real commitment to DEI if you intentionally exclude the 1 in 3 working-age Americans—80 million people —who have an arrest or conviction record. Any record of contact with the legal system, whether a charge, an arrest, or a conviction, is oftentimes enough to keep this huge swath of people from accessing livable wage employment, economic mobility, and other life-sustaining services like housing, education, and occupational licensing. An analysis by the Prison Policy Initiative found that the unemployment rate for those with a felony conviction record in the U.S. is over 27%. This problem isn't going anywhere and will only continue to grow, with the number of people with an arrest or conviction record projected to reach 100 million by 2030 .?

The collective volume of people negatively impacted by the legal system makes it the biggest demographic group in America's workforce, but rarely is this group implicitly or explicitly included in DEI initiatives and strategies. Instead, these efforts typically focus on gender and racial/ethnic diversity. Of course, institutional and systemic racism and the issues surrounding poverty, mass incarceration, and recidivism are inextricably intertwined. Black and Latino men are arrested and incarcerated at almost 7 times the rate of white men . Black women are incarcerated three times more than white women. But rarely do we see or hear this called out by DEI practitioners or addressed in company initiatives to build a more diverse and inclusive workforce.

Diversity, equity, and inclusion has recently been packaged with a variation of fourth terms. One of these is JEDI (justice, equity, diversity, and inclusion), which focuses on the importance of creating fair and just interactions between individuals and institutions. By including justice in the DEI framework, we can go beyond merely recognizing and valuing diversity; we can actively address and correct the institutional biases and structural inequalities that may have historically existed within an organization. For people with arrest or conviction records—who face more than 48,000 legal barriers in America that prevent meaningful access to livable wage employment and related social services—the addition of the “justice” in the practice of DEI is a much-needed reimagining of the way we frame this very important work.

However, it doesn't stop there. The other addition critical to DEI framework is DEIB—the B stands for belonging. This extends the concept to include the idea that all individuals in an organization should feel a sense of belonging and acceptance. It emphasizes the importance of creating a welcoming environment where everyone feels like a valued part of the team. When we identify people by a status (e.g., convict, felon, inmate, criminal, etc.) or assign stigma—rather than asset-based approaches that assign value—we are saying: “you do not belong.” Whether that’s due to unconscious bias or willful disregard, the outcome is the same. Millions of individuals looking to move on after coming in contact with the legal system tend to find nothing but closed doors, insurmountable barriers, and clear access only to a lifetime of unemployment or existential poverty.?

That’s a shame, not only for our family, friends, and neighbors who struggle to find family-sustaining employment, but also for the businesses that will never benefit from the diversity and value of these individuals’ talent and lived experiences.

Why Diversity of Lived Experience Matters

What is “lived experience” and why does it matter for DEI efforts? Lived experience is the knowledge and perspectives gained from firsthand experience. Whether you’re justice-impacted, LGBTQ+, neurodivergent, a veteran, an immigrant, or someone who’s been unhoused—those lived experiences impact your perspective and how you show up in the world, including at your job.?

Employers should seek to benefit from the unique experiences and perspectives of a wide array of people. Diverse perspectives can inform and transform a business’ product development, marketing, hiring strategies, and more. According to Harvard Business Review , diverse teams generate more innovation and more innovation-related revenue. It makes logical sense that teams that reflect the broad array of customers and communities that a business serves would be better at developing ideas and delivering value to those customers and communities.

The road to building a fairer future of work and genuine diversity, equity, and inclusion is intricate and will demand a broadening of perspectives beyond traditional measures. It calls for recognizing segments of the workforce that are most often neglected and discriminated against, such as those with arrest or conviction records, as well as embracing varied lived experiences and the value they bring. Fair chance hiring isn't merely a policy consideration but a pivotal step toward true inclusivity and innovation.?

As practitioners teach and design approaches and businesses continue to invest in DEI initiatives, they must also venture into these uncharted territories, forging a path where every individual not only belongs but thrives. The transformation of these principles into actionable practices is not just an ethical imperative; it's a strategy for success, leveraging the rich tapestry of untapped talent that is America's workforce.

Keep your eyes open for Part 2 of this blog post where I’ll explore how to better integrate justice-impacted workers into DEI initiatives.

Want to help change the narrative about fair chance hiring? Take a minute to vote for our panel at SXSW: “Building A Fairer Future of Work: One Job At A Time.” Every vote gets us closer to the SXSW stage—thank you for your support!