![]() Management can also build a healthy foundation for ERGs by providing anti-discrimination training, including implicit bias training, for all staff. ![]() The liaison can help steer discussions toward stated goals and business initiatives rather than allowing the group to focus on complaints. A management representative, for example, may serve as a sponsor or liaison between group members and company leaders. In addition, management should hold some sort of leadership position on affinity groups. For example, a ban on religious groups must apply to all groups with religious leanings. Keep in mind that any limits on ERG creation must be applied to all groups in a category. Some employers have found that an application process and charter requirement for ERGs clarifies the purpose of the group and helps participants focus on clear goals.Įmployers may also want to provide tasks for affinity groups to tackle, like identifying ways to improve the workplace. ![]() At the outset, affinity groups should be carefully structured to encourage sharing and mentorship without devolving into platforms for negativity. Although reverse discrimination claims are relatively rare and largely unsuccessful, employers should exercise forethought when implementing diversity initiatives.Įmployers can take several steps to support diversity initiatives and limit risk. Some plaintiffs in such lawsuits have pointed to corporate diversity initiatives, like ERGs, as evidence of the discrimination they purportedly faced at the office. Some employers have faced class-action civil rights lawsuits filed by white male employees alleging that they were fired-or suffered some other adverse action-because of their gender and race. Title VII of the Civil Rights Act of 1964, for example, prohibits discrimination on the basis of sex, race, religion and national origin. Employers with ERGs should be sensitive and responsive to these concerns to ensure that all employees feel heard and that anti-discrimination laws are followed. Employees who do not feel welcome to join an affinity group or to attend its events may feel excluded-or even threatened-by this employer-backed organization. ![]() If an employee posts a disparaging comment about the employer and the employer deletes the post, employees may claim that the company censored their protected Section 7 communications.Įmployers may maintain a policy to remove posts or limit communications that are obscene, violent, defamatory or harassing of a protected category of worker.ĮRGs can, at times, create friction in the workplace. The National Labor Relations Board has held that employees communicating via company e-mail or on social media may be covered by Section 7's protections.Įmployers should be mindful about restricting or removing employee communications or disciplining employees based on their posts. Employers that host these types of forums must bear in mind that Section 7 of the National Labor Relations Act, which applies to unionized and nonunionized nonsupervisory employees in the private sector, entitles workers to engage in concerted activity for their mutual aid or protection. It can be difficult to assess what is inappropriate conduct and what behavior an employer may regulate. Yet these forms of communication can cause problems if employees act inappropriately, perhaps by posting negative comments or sharing others' posts without permission. These forums provide accessible communication for members, which is especially beneficial for staff spread across locations or working remotely. The first issue may arise when employers offer communication options such as messaging services, social media spaces or intranet platforms where employees can engage in ERG discussions. Historically, affinity groups were centered on race or gender, but these groups are increasingly being created for those sharing other characteristics, such as age, veteran status or sexual identity.įrom a legal standpoint, ERGs raise two common issues: the use of social media and discrimination concerns. Affinity groups, also known as employee resource groups (ERGs), bring together employees with similar backgrounds or interests and can have a powerful influence in the workplace.Įmployers that have, or are exploring establishing, affinity groups, though, must consider several legal and practical issues.ĮRGs are employer-recognized groups that can promote a company's diversity and inclusion efforts and allow for networking, mentorships, and other opportunities for professional and personal development.
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