Independent Attestation
Under Title VII of the Civil Rights Act of 1964, a U.S. employer with more than 15 employees may not discriminate on the basis of ”race, colour, national origin, religion or sex.”
Based on recent decisions by the U.S. Supreme Court interpreting analogous anti-discrimination laws, some employers have become concerned that their ability to effectively increase diversity in their workplaces has been significantly restricted. Moreover, with recent Executive Orders from President Donald Trump attacking Diversity, Equity, and Inclusion (“DEI”) efforts and a document from the Acting EEOC Chair Andrea Lucas in “DEI-Related Discrimination,” concern has heightened among employers regarding what actions they can take to advance diversity, equitable treatment, and inclusive workplaces.
The reality is that, under current U.S. employment anti-discrimination law, there are numerous steps employers can take to increase the diversity of their workforce and ensure fair and inclusive workplaces. Neither Executive Orders from a President nor documents from an agency can change the requirements of the law.
The essential requirement that employers must follow is that any steps they take to create a diverse, fair, and inclusive workplace do not inappropriately preference individuals based on characteristics such as sex or race and do not exclude individuals based on characteristics such as sex or race.
Chai Feldblum, a former Commissioner of the Equal Employment Opportunity Commission in the U.S, has performed an independent third-party review of the EDGE Standards to confirm that adherence to the standards are consistent with the current state of U.S. anti-discrimination law, including following recent actions by the Trump Administration.
The EDGE Standards thus provide a safe and effective approach to increasing diversity in the workplace within the guidelines of U.S. law. EDGE and EDGEplus Certification represents an attractive solution for U.S.-based employers because they offer a comprehensive set of useful and legally permissible actions to achieve diversity, fairness and inclusion in the workplace.
