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Corporate Compliance Insights
Home Leadership and Career

Black Leadership in the Wake of Supreme Court Ruling

Companies have many tools to increase diversity & belonging that don’t run up against affirmative action concerns

by Paul Marc Walsh
February 27, 2024
in Leadership and Career
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The Supreme Court’s summer 2023 ruling that effectively ended affirmative action practices in college admissions may have technically been limited to higher education, but the fallout extends well beyond education. Indeed, many corporate diversity, equity and inclusion (DEI) initiatives may be at risk as the anti-DEI movement becomes mainstream. Paul Marc Walsh of the Centre for Inclusive Leadership explores what Black leadership means in a post-affirmative action world.

While hand-wringing over the future of corporate DEI programs is understandable, I am not concerned about the long-term viability of diversity initiatives, and I don’t think you should be worried either. 

For one, a backlash to DEI was inevitable, as there are many people who remain profoundly skeptical of corporate diversity drives, and there could be little doubt they would use the Supreme Court’s decision to express their reservations. And as for those in corporate settings who were quick to jettison or downplay their DEI initiatives, isn’t it a good thing that they’ve been revealed for lacking genuine commitment to change?

The majority of corporate leaders strongly believe that fostering inclusion, equity, belonging, psychological safety and deriving value from diversity are moral imperatives, and it’s vital for these companies to redouble their commitment, not only for the betterment of society but for the improvement of their bottom line.

Diversity and inclusion aren’t the same thing

The logic behind eliminating affirmative action in college admissions may initially seem compelling. Why? Because by singling out one group for preferential treatment, it paradoxically fosters exclusion rather than inclusion, shifting the conversation from a collective dialogue to one centered around specific groups.

But the reality is that diversity in and of itself does not equate to inclusion; it simply denotes difference, a factual observation. Inclusion, on the other hand, comes from the emotional experience and how individuals are made to feel about their diversity. This sentiment ultimately determines whether one feels a sense of belonging.

Affirmative action is far from a new concept, and neither is resistance to it. And if the matter were as straightforward as those who reject affirmative action claim, I might find myself swayed toward supporting the decision by the Supreme Court to overturn it. However, the reality is far from simple. 

Affirmative action, while significant, is not the sole solution to enhancing representation. It serves as merely one facet of a broader approach required to address this issue comprehensively. Consequently, its removal will not inherently resolve the underlying challenges. Conversely, overturning affirmative action stands to undermine progress significantly, potentially setting us back by several steps. This prospect is deeply concerning.

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Ignoring DEI means risking disengagement

Companies across the globe are in the midst of an employee engagement crisis. A 2023 Gallup study revealed that low engagement levels resulted in a staggering $8.8 trillion loss to the economy, amounting to 9% of global GDP. This figure encompasses factors such as voluntary departures, expenses associated with retention efforts, diminished productivity and other related costs. 

Remarkably, only 23% of the workforce is actively engaged in their roles, and among those who are disengaged, 41% cite poor company culture as the primary reason for their lack of engagement. And how can companies create a culture that workers want to engage with? By promoting DEI and belonging.

Therefore, prioritizing this initiative is not only morally imperative but also financially prudent, as neglecting it can have adverse effects on your bottom line.

 Advancing Black leadership & DEI goals

Despite the challenges posed by the Supreme Court’s ruling, there are several strategies organizations can adopt to continue advancing Black leadership and DEI goals:

  • Strengthening recruitment and retention: Organizations can double down their efforts to attract, hire and retain Black talent through targeted recruitment strategies, inclusive hiring practices and employee development programs. Building a pipeline of diverse talent ensures a steady influx of Black professionals into your organization. 
  • Investing in leadership development: Once placed, investing in development programs will help them progress into leadership positions.  Providing training, mentorship and leadership development opportunities for Black employees is essential for nurturing the next generation of leaders.
  • Fostering inclusive culture: Creating a culture of belonging where all employees feel valued, respected, and empowered is critical for retaining diverse talent and unlocking their full potential. This requires fostering open dialogue, addressing unconscious biases and promoting inclusive behaviors at all levels of the organization.
  • Holding leadership accountable: Senior leaders must be held accountable for driving DEI initiatives and promoting diversity within their respective teams and departments. Setting measurable goals, tracking progress, and tying DEI outcomes to performance evaluations can help ensure that diversity remains a priority.
  • Advocating for policy change: While the Supreme Court’s ruling on affirmative action is without question a setback, organizations can advocate for policy changes at the local, state and federal levels to support diversity and inclusion efforts to help shape a more equitable future.

None of these things are easy, of course. Creating a truly inclusive workplace is a gradual and intricate process that cannot be done overnight. It requires genuine, intentional and sustained effort, empathy and a steadfast commitment to continuous learning and improvement. These programs should not be merely classified as DEI initiatives; rather, they constitute a transformative process requiring a whole rewiring with a new mindset.


Tags: DEI
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Paul Marc Walsh

Paul Marc Walsh

Paul Marc Walsh is head of brand at The Centre for Inclusive Leadership.

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