LegisBrief A QUICK LOOK INTO IMPORTANT ISSUES OF THE DAY

OCT. 2020 | VOL. 28, NO. 38

Raising Awareness About Did You Know? Diversity, Equity and Inclusion • The General Assembly has BY SELENA SAUCEDO AND IRIS HENTZE aged organizations to focus on “next practices,” required implicit bias including having conversations about these issues training annually for Conversations about evolving employee culture at work. members and staff. aren’t new, but recent events are spurring both • The Alabama private and public-sector employers to commit to - Legislature offers examining and improving their workplaces. State sion are evolving. In Oregon, the legislature’s Capi- tolWorking Diversity, definitions Equity andfor diversity,Inclusion equity Committee and inclu was diversity training to formed in 2018 to explore the issue. The commit- legislators. have revamped trainings to include topics on tee facilitates ongoing discussions and opportuni- diversitylegislatures and are inclusion paying attention,or formed too. diversity, Some equityoffices • Maryland’s Senate and inclusion (DEI) committees to determine what president this year changes may be needed. formed the Senate diverseties for legislativeand inclusive employees Capitol and toelected develop officials ways President’s Advisory During NCSL’s Base Camp 2020 virtual confer- to facilitateincrease theirsuch understandinga community. of the benefits of a Work Group on ence in September, Johnny C. Taylor, president and Equity and Inclusion. CEO of the Society for Human Resource Manage- ment (SHRM), spoke about SHRM’s new initiative, The• committee“Diversity includesdefines DEI all theas follows: ways in which Together Forward @Work. The initiative is a call people differ, encompassing the different to action for the HR and business communities to characteristics that make one individual or drive out racial inequality from the workplace. A group different from another. While diversity new SHRM survey found 35% of Black employees is often used in reference to race, ethnicity, say discrimination based on race or ethnicity ex- and gender; it also includes other differences ists in their workplaces, while 14% of all workers such as age, national origin, religion, disability, agreed. When asked if they feel disrespected and sexual orientation, gender identity, socioeco- unvalued in the workplace, about 20% of all work- nomic status, geographic location, education, ers and 33% of Black workers said yes. Rather than marital status, language and dialect, and focusing on best practices for DEI, Taylor encour- physical appearance. • “Equity involves striving to identify and elimi- partisan staff, and Wyoming legislators. nate barriers that have prevented the full par- In at least six states, the legislature or a legislative ticipation of some groups. It is the fair treat- chamber offers implicit bias training for legislators ment, access, opportunity, and opportunity for or legislative staff. Implicit bias training is offered Additional advancement for all people. Improving equity to staff in the California Senate and to legislators Resources involves increasing justice and fairness within and staff in the Connecticut General Assembly the procedures and processes of institutions • “NCSL Base and New York Legislature. The or systems, as well as in their distribution of Camp 2020: Advice included this training for legislative staff last year resources. Tackling equity issues requires an for Managing in and the Vermont General Assembly has required understanding of the root causes of outcome Challenging Times,” implicit bias training annually for legislators and disparities within our society. NCSL blog staff. The Washington Senate has offered this train- • “Got a Capitol DEI • “Inclusion is the intentional act of creating ing to staff and partnered with the Washington Committee? Oregon environments in which any individual or House to offer implicit bias training to the entire Does,” NCSL State group can on an ongoing basis be welcomed, legislative branch staff in 2020. Legislatures magazine respected, supported, and valued to fully Although federal legislation—including the Civil participate with their voices being heard. … • “States Tackle Hair Rights Act of 1964, the Age Discrimination in It’s important to note that while an inclusive Discrimination,” NCSL Employment Act of 1967 and the Americans with blog Disabilities act of 1990—broadly protect workers isn’t always inclusive…” • “NCSL Base Camp group is by definition diverse, a diverse group from workplace discrimination, state legislators State Action are crafting policies that further address racial 2020: State Actions discrimination and promote diversity. Twenty- to Create Safe and State legislatures have undertaken DEI initiatives two states considered legislation protecting work- Inclusive Workplaces,” in different forms to educate legislators and legisla- ers from facing discrimination for race-based hair NCSL blog tive staff and focus on the legislative workforce. traits such as hair texture, hair type and protec- The adopted Rule 10C last tive hairstyles in 2020. Six states—California, - Colorado, Maryland, New Jersey, New York and - Virginia—have passed these protections into law year to create a diversity and inclusion officer posi in recent years. goaltion withinis to “promote the Senate’s policies Office to directof Human and Resourcguide Legislators have also been considering bills and es. The Senate last March hired an officer, whose resolutions in the past few sessions to require or promote and retain a diverse workforce, consistent encourage publicly held corporations to diversify offices to recruit, hire, train, develop, advance, with Senate rules, regulation and law.” their boards. California and Illinois are currently Maryland’s Senate this year formed the Senate the only states to require corporate boards to President’s Advisory Work Group on Equity and include women. The California law, passed in Inclusion. It will review the work of former task 2018, requires all publicly traded companies with forces and previous legislation addressing the topic and examine the status of inclusion and equity their boards, with the exact number depending NCSL Contacts within the General Assembly and its agencies. onprincipal the size offices of the in board. the state The to Illinois include law women, passed on in 2019, requires all corporations based in the Selena Saucedo In addition to its Capitol Diversity, Equity and state to report data on board member gender and 303-856-1529 Inclusion Committee, the Oregon legislature estab- ethnicity. It also requires the University of Illinois lished a new full-time accessibility and inclusion System to establish a rating system assessing Iris Hentze administrator. Legislative Branch Personnel Rule the representation of women and minorities on 303-856-1363 5(1) aims to achieve a workforce that represents the diversity of the state. consider racial and ethnic minority representa- Training is one approach legislatures have taken tioncorporate on corporate boards, boards.becoming the first state to also to integrate diversity, equity and inclusion into This year, California is building off its 2018 the legislative environment. Some states offer or legislation by considering AB 979, which would require training on diversity and/or anti-discrimi- require a minimum number of directors from an nation for legislators and/or legislative staff. underrepresented community. The bill would The offers several legislator require the secretary of state to publish reports trainings, including diversity training. Non-discrim- documenting the number of corporations in com- ination or anti-discrimination training is required - for Minnesota senators, New Jersey legislators and tions for noncompliance. pliance with the provisions and to fine corpora

National Conference of State Legislatures | Tim Storey, Executive Director 7700 East First Place, Denver, Colorado 80230, 303-364-7700 | 444 North Capitol Street, N.W., Suite 515, Washington, D.C. 20001, 202-624-5400 www.ncsl.org | The information contained in this LegisBrief does not necessarily reflect NCSL policy. | Copyright © 2020