"The Farmer and the Cowman Should Be Friends": Why Diversity and Legal Compliance Must and Can Work...

"The Farmer and the Cowman Should Be Friends": Why Diversity and LegalCompliance Must and Can Work Together

Nita BeecherThursday, August 30, 20122012 ILG National ConferenceWaikoloa, Hawaii

MERCER 2April 19, 2023

Mercer ORC Networks and the Global Equality, Diversity & Inclusion Practice• Mercer

– a leading global provider of consulting, outsourcing and investment services, with more than 25,000 clients worldwide

• Mercer ORC Networks

– meeting the needs of practitioners in a wide range of human capital disciplines, including Talent Management and Development, Diversity and Inclusion, Employee Relations, Compensation and Mobility, Occupational Safety, Health and Environment)

• Mercer’s Global Equality Diversity and Inclusion Practice

– 50 years of experience in Equality, Diversity & Inclusion

– Unwavering commitment to the support and development of practitioners in the field of diversity and inclusion

– 6 professional networks; consulting solutions; data and benchmarking

– Real-time pulse on the global D&I issues of the day


Global Equality, Diversity & Inclusion Practice

• NetworksGlobal

– Global Diversity Forum– Global Workplace Compliance Network

In the UK– Vanguard Network– Breakthrough Network

In the US– Workforce Opportunity Network– Employment Law & Litigation Group

• Consulting SolutionsGlobal strategy design/ workshop facilitation

• Ongoing research and benchmarking


“The Farmer and the Cowman”from the musical Oklahoma

The farmer and the cowman should be friends. Oh, the farmer and the cowman should be friends.One man likes to push a plough, the other likes to chase a cow, But that's no reason why they cain't be friends.

Territory folks should stick together, Territory folks should all be pals. Cowboys dance with farmer's daughters, Farmers dance with the ranchers' gals. (repeat)

I'd like to say a word for the farmer, He come out west and made a lot of changes

He come out west and built a lot of fences,

And built 'em right acrost our cattle ranges.

The farmer is a good and thrifty citizen, no matter what the cowman says of things.You seldom see 'em drinkin' in a bar room

Unless somebody else is buyin drinks.

But the farmer and the cowman should be friends.Oh, the famer and the cowman should be friends.The cowman ropes a cow with ease, the farmer steals her butter and cheese, but that's no reason why they can't be friends.

Territory folks should stick together, Territory folks should all be pals. Cowboys dance with farmer's daughters, Farmers dance with the ranchers' gals.

I'd like to say a word for the cowboy, the road he treads is difficult and stoney.He rides for days on end with jist a pony for a friend.

I sure am feelin' sorry for the pony!

The farmer should be sociable with the cowboy if he rides by and asks for food and water.Don't treat him like a louse make him welcome in your house.

But be sure that you lock up your wife and daughters!

Territory folks should stick together, Territory folks should all be pals. Cowboys dance with farmer's daughters, Farmers dance with the ranchers' gals.


Agenda

• Diversity versus compliance

• Best practices: Three different approaches that work

• Roundtable with audience on their issues and approaches

• Questions?


Diversity versus compliance

Issues between diversity and compliance include:– Development and access to metrics – Struggle for budget and attention between groups– Distain of some diversity professionals for work of

compliance professionals– Lack of understanding of interrelatedness between

two disciplines– Inequities in status and reporting relationships– Lack of communication between groups– Misuse/misunderstanding by management


Best Practices:Three different approaches that

work


Corporation P

• At Corporation P Compliance reports to the Law Department and Diversity reports to HR– Diversity reports to Talent and Organization Development—

a “Center of Excellence” in HR– Diversity seen as “complimentary” to Talent’s portfolio of

selection, promotion, culture and employee engagement, succession planning, organizational development

– Company has HR business partners and Centers of Excellence where specialists reside

– Company moved to global commercial operations


Corporation P

• Approach by Compliance has been to make self useful and add value to Diversity

• Believes need to understand what Diversity is trying to do

• Seeks to understand what drives the business

• Work with Diversity to come up with metrics and goals that balance “increasing change” versus legal risk

• Groups collaborate on ways to work together

• In addition to goals also focus on pay equity, promotion of underutilized groups, improving selection process


Corporation P

• Legal has earned a seat at the table

• Diversity and Compliance collaborate on key goals– Personality and approach of Chief Diversity Officer is

important

• Important that Compliance demonstrate interest and expertise in diversity – Need to speak same language– More of D&I approach

• Ask to be on leadership team so can influence discussions– Cannot be just legal voice and build walls around role

• Focus on where have common understandings


Corporation A

• At Corporation A the same person is responsible for both Compliance and Diversity

Joint responsibility – can create confusion when developing programs or

requiring management action must indicate to management which hat wearing

– eliminates issue of access to data allows broader perspective in data analyses including

LGBT, men, etc.– enables focus on equitable and consistent employment

practices

• Bottom line is need to make sure Diversity is not another word for Affirmative Action


Corporation A

• Diversity at Corporation A focuses on behaviors and culture– Inclusion is about how team looks and diversity is about how

it behaves Uses ERGs as opportunity to develop leaders for

organization Leverages company value of respect for individuals

– Filling of global roles is very challenging from both diversity and compliance perspective

– Attempting to embed change in organization Changes in senior leadership requires D&I provide lots of

information on an ongoing basis


Corporation A

• Midyear review of goals – If issues approach her boss VP of HR and talks with

Operations VP– Midyear check-in broader than typical compliance review as

responsible for ERGs as well– Focus on behaviors as well

• Development of underutilized groups is on scorecard– Use to remind management of goals

• Close relationship with lawyers – Relationship with HR and Law is important

• Goal is to avoid business as usual


Corporation M

• Corporation M decided to integrate diversity and compliance because business needed a focus for efforts– Pipeline has been business priority– To change behaviors must hold leaders accountable– Prior to getting FAAPs did 2 sets of goals

One complying with OFCCP rules and one aligning goals with business

– After FAAPs used new goals to hold management accountable Used statistical analysis with aggressive goals


Corporation M

• As part of holding management leaders provided with quarterly reports on ALL employment transactions– Use data on hiring, promotions, downsizing to show where

problems/barriers exist– Extensive data analysis used to change promotion

opportunities from selection by management to nomination by employee Women and minorities now fared better in talent review Management must get employees ready for next

assignment Where underutilized developed very aggressive action plan


Corporation M

• Corporation M uses ERGs as a resource for Staffing– ERGs let members know company needs them to look for

jobs and apply– Vets ERG engaged with outside groups to create process to

improve hiring into nontraditional jobs– Global ERGs launched with women’s groups wanting goals

and targets worldwide Set targets by AAP goals by job group


Corporation M

• More in-depth analysis used to determine what needed to be done to reach goals– Each CEO direct report obligated to come up with strategies

on how to reach goals in underutilized job groups– In data analysis process realized that need more people in

pipeline at lower level– Diversity sees compliance as an advantage in pushing goals– Getting Staffing onboard was strongest advantage

Got them onboard after Internet Applicant Rule With them leveraged employee movement, SAP

implementation, and diversity goals


Corporation M

• Corporation M developed Global Executive dashboard– This is based on workforce analytics to reach global goals– Refined dashboard to include more information on pipeline

below Allows company to see where need to work on goals Helps with action planning Use 1.78 as adverse impact trigger


Corporation M

• Corporation M has done additional data analysis where can’t improve representation

Example--Women are underutilized in sales management position company determined women refuse to apply for management positions because of lack of flexibility in management roles Eliminated HQ move requirement as well Tries to focus on “essential functions” in jobs

– To make changes have to get in early in process


Summary of Best Practices

• Relationships, relationships, relationships

• Data analyses of employment transactions critical to improving representation

• It takes a team-Diversity, Staffing/Talent, Compensation, and Management-to make improvement in representation

• However Compliance and Diversity are organized or where they report the key is to leverage strengths of both

• Both Compliance and Diversity should respect each other’s capabilities


Roundtable--What are your issues and how

do you approach them?

For more information:

Nita [email protected]

+1 314 726 1740

QUESTIONS?

mailto:[email protected]

"The Farmer and the Cowman Should Be Friends": Why Diversity and Legal Compliance Must and Can Work...

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