Disaggregated Data: The Key to Effective and Legally Justifiable DEI Initiatives

Transforming data is a key factor in producing more diverse, equitable, and inclusive workplaces. Companies that successfully employ this strategy, widely used in fields such as education and public health, are often the ones achieving the best results.

Large data sets give a great overview of an organization’s recruitment and retention figures, however, disaggregating these data provides a more precise look at trends affecting specific groups. For instance, Black or LGBTQ+ employees can be more accurately evaluated using this method. This granularity is not only helpful in identifying and addressing specific issues, it may also be requisite for the legality of DEI solutions.

The United States Supreme Court’s decision in Students for Fair Admissions has evoked concern about the legality of considering race in employment situations. This landmark case has curtailed affirmative action practices in education, which naturally reverberates into the corporate world.

Institutions wanting to further their DEI initiatives are advised to make a clear connection between the problems they’re trying to solve and the outcomes their policies are aiming to achieve. This stipulation comes in light of the Supreme Court’s ruling requiring that the consideration of race must be “narrowly tailored” to serve a compelling interest.

The best way to understand the specifics of the challenges an organization is facing, is to collect and publish disaggregated data. This approach not only reveals the specifics of the issues at hand, but it also provides a roadmap to devising effective, transformative solutions.

This strategy of data disaggregation is particularly useful when we delve into the discrepancies seen in advancement rates among different racial and ethnic groups in law firms. Understanding why specific groups are not advancing at the same pace provides opportunities to identify and hopefully remove any biases that may be hindering progression.

Companies like Delta Airlines have effectively used disaggregation of data to set meaningful and legally justifiable goals. By doing so, these companies have been able to make definitive progress in creating a workforce that represents their community demographics more accurately.

Further, disaggregated data can help organisations to address challenges associated with data collection itself. For example, companies may encounter increased instances of employee demographics reported as “unknown”. Understanding the reasons behind this can help to shape more effective future DEI strategies.

The Minority Corporate Counsel Association, along with many other large law firms and prominent companies, believe in the importance of creating a more diverse, equitable, and inclusive workforce. More importantly, they are aware that intelligent use of disaggregated data can lead towards progress, creating a sustainable workforce that is ultimately beneficial for business.

This article was informed by the insights of Jean Lee, the president and CEO of the Minority Corporate Counsel Association.