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“We can’t say any more! : In fact, we say a lot more than we used to.
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Over the past few months, the new U.S. guidelines surrounding Diversity, Equity and Inclusion (DEI) initiatives have been raising a lot of questions in many professional circles. And, let’s face it, they’re also causing a certain amount of confusion, especially for Quebec organizations with business ties to the United States.
Lately, one of the strategies being proposed to American companies is to put the brakes on DEI, rework the way they talk about it and adapt some of their processes to comply with American rules. But… and here we allow ourselves a little cry from the heart: no, DEI is not illegal here!
In Quebec, it is even backed by solid foundations, such as the Charter of Human Rights and Freedoms, which has protected against discrimination for almost 50 years. In the United States, DEI has a history of over 60 years in the workplace. So it’s neither a passing fad nor a luxury. It’s a concrete response to real inequalities.
What’s happening in the United States may seem discouraging, even shocking. But here in Quebec and Canada, we have every right – and responsibility – to continue our efforts.
On the other hand, we also understand that some Canadian organizations with business ties to the U.S. may want to adapt more closely to the American context in spite of everything. Rather than panicking or retreating, let’s take a look at what the U.S. restrictions are all about. Let’s see how organizations can, even in an international context, continue to promote fair, safe and inclusive workplaces – legally here, conscientiously there.
What exactly are the new US guidelines targeting?
What exactly are the new U.S. guidelines targeting? Since the publication of the new U.S. Equal Employment Opportunity Commission guidelines, several activities traditionally used in equity, diversity and inclusion (DEI) strategies are now flagged as potentially illegal, if their access is explicitly based on identity characteristics. Among the strategies targeted are:
- Leadership and professional development programs and training
- Mentoring, sponsorship or internship programs
- Employee resource groups
- Recruitment strategies
- DEI training courses.
Rethinking access without denying the mission
Leadership or professional development programs aimed at specific groups, such as women or racialized people, could be considered illegal in the United States. Yet the objective of these initiatives remains fundamental: to correct inequalities in access to key career development resources.
Rather than abandoning these programs, a sensible approach is to open them up to everyone, relying on self-identification of needs. For example, invite interested employees to express in a short text the obstacles they encounter in their career path, explaining why they would like to benefit from a development program.
This model, inspired by the admissions tests used in several American universities, demonstrates that access to the program is not based on identity criteria, but on the recognition of needs expressed by the individuals themselves. The approach thus remains inclusive and focused on real equity of opportunity.
Employee resource groups (ERGs): inclusive by definition
U.S. guidelines also require that ERGs be officially open to everyone. This means that, formally, no communication channel or event should be reserved for a specific group based solely on identity.
In fact, it’s only natural that people who identify with the issues addressed by the ERG should be in the majority. A women’s ERG is likely to continue to be largely made up of women, and that’s perfectly acceptable. The important thing is not to actively exclude others who may wish to get involved, for example as allies.
Hiring process: when the law stands in the way of fair practices
The American guidelines call into question well-established recruitment practices, such as the famous “Rooney Rule”, which guarantees that at least one person from a diverse background is interviewed.
This reinforces the importance for US organizations of acting upstream to:
- Diversify their applicant pool, without imposing interview quotas
- Focus on inclusive job descriptions,
- Make our offers accessible to a wider audience,
- Diversify distribution channels.
These are still valid strategies for reaching a wide range of candidates without contravening the new U.S. restrictions!
DEI training: avoiding polarizing approaches
In the United States, training that is perceived as polarizing or that separates participants according to their identity is targeted.
To remain compliant, we recommend inclusive and universal training formats that address systemic dynamics in a nuanced way. The idea is to encourage dialogue, without stigmatizing any group or creating a climate of division. And between you and me, there’s no need to divide people in order to make them think: at URelles, we offer training that’s accessible, not flat (promise!) and, above all, that brings people together rather than separates them. Yes, we can talk about EDI with seriousness and pleasure!
International organizations: an additional challenge
For Canadian companies with offices in the U.S., these changes inevitably complicate the coherence of DEI strategies: we have to juggle widely disparate legal environments, making sure to adapt local approaches without compromising the global vision.
In Canada and Quebec, let’s not forget, targeted programs, ERGs and specialized training are not only legal, but desirable. It is therefore possible – and even advisable – to maintain ambitious initiatives to support under-represented groups, while adjusting actions in U.S. offices to ensure compliance.
The key is to stay true to the DEI mission, deploying it in an agile and thoughtful way according to local contexts. Current constraints can be a call to strategic creativity rather than a hindrance.
In conclusion
Companies wishing to maintain equity, diversity and inclusion initiatives despite the new US restrictions can do so, provided they adapt their approaches with discernment.
Above all, let’s not forget that these restrictions don’t apply here in Quebec, where DEI remains a well-established priority in our organizational practices. So this is the ideal time to step up our efforts, while keeping a close eye on international developments.
At URelles, we support organizations that want to go beyond good intentions to build truly inclusive and equitable environments. Whether you’re just starting out or looking to improve your existing practices, our team is here to guide you with concrete solutions adapted to your reality:
- DEI diagnostic: analysis of current practices to identify barriers to inclusion and propose concrete avenues for improvement.
- Strategic coaching: support in defining or updating internal policies and procedures to fully integrate equity, diversity and inclusion.
- Tailor-made training: practical workshops for HR teams, managers and internal committees on developing inclusive processes (recruitment, assessment, promotion, etc.).
Want to find out more? Contact us!
Picture of Kuba Karoń from Pexels
