Rio Tinto isn’t alone in facing increased resistance against DEI-related initiatives. As organisations, including law firms, commit more time, money and resources to DEI programs and targets, many are experiencing the same phenomenon, with resistance ranging from more passive forms, such as denial, all the way through to the more active, aggressive form of resistance known as backlash. Interestingly, resistance is coming from all genders, including women who feel that their efforts and credibility are being undermined by a perception that they are receiving “special treatment” and getting promotions based on their gender rather than their talent.

In light of such backlash, it would be tempting to conclude that DEI initiatives are becoming counterproductive and leading to discontent and disharmony in organisations, such that a more tempered approach should be considered.

Perhaps, though, the problem is less the initiatives themselves but rather how they are being rolled out by organisations. Increased investor and public focus on corporate social responsibility and the Sustainable Development Goals over the last decade or so has seen a marked increase in organisational DEI activity. However, while activity may have increased, one has to ask whether there is a clear organisational strategy driving those programs, whereby leadership are clearly able to (a) articulate the reasons for the program’s existence; (b) explain the desired impact of the program; and (c) create a link between the program and broader organisational strategies and/or vision.

Like any organisational change, DEI initiatives require a careful change management process, whereby the change (and underlying rationale for the change) is well understood by leaders and carefully explained to employees.

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So, what could a successful change management process look like?

1. Get clear on the ‘why’

Prior to commencing any DEI program or initiative, leadership should be clear on why DEI is important in the first place, both at a personal and business level, and how a specific DEI program ties into and enhances broader organisational strategies and goals.

It is critical that leadership articulates that broader and more specific “why” to its employees before embarking on any program, so that the program is contextualised rather than seen as a form of “special treatment” afforded to one segment of the employee population or, worse still, a “check box” for public relations purposes.

It is furthermore important that leaders act as sponsors for programs that are being implemented and that they actively track and share progress using both data and storytelling.

2. Understand reasons for resistance by speaking to employees

The Harvard Business Review describes three classic sources of resistance:

• Status threat: The classic “zero-sum” game mentality that can attach to DEI initiatives, where the majority who have always benefited from the status quo feel that they will necessarily lose out if those from marginalised groups make advances.
• Merit threat: The belief that DEI initiatives imply those in the majority did not achieve what they have achieved because of their merit and hard work but rather because of their identity.
• Moral threat: The idea that acknowledging one’s privilege damages one’s moral image by linking that person to an unfair system.

Organisations looking to implement new DEI programs can proactively plan for the above forms of resistance and build communication plans that address such resistance. Furthermore, where push-back is being experienced, organisations should engage in conversations with their employees (e.g. through one-to-one conversations or focus groups) to understand the reasons for resistance and seek to create buy-in. There will always be detractors where change is concerned, and some of those detractors may never buy into the change unless dragged along by a critical mass. It is the latter that an organisational leadership team must speak to with curiosity and empathy.

3. Respond to resistance by debunking myths

Once the type of resistance has been identified, it becomes easier for leadership to target their responses at those specific forms of resistance.

For instance, resistance based on status threat can be responded to by clearly articulating how those in the majority will also benefit from the change, i.e. that there is no zero-sum game and rather the aim is to create equity of opportunity for everyone. On the other hand, a merit threat can be responded to by reinforcing the hard work and achievements of employees while also debunking myths that the hiring process is skewed towards a specific outcome. The latter could be done by highlighting systemic controls in the hiring process and showcasing how the organisation is trying to correct systemic biases in the process rather than achieve a specific end result where the hire is concerned.

DEI initiatives are still just as critical now as they have ever been. Representation at senior levels of organisations, including within the legal profession, is still disproportionate to the number of female graduates entering the job market. In order to ensure the long-term viability and sustainability of those efforts, it is important that organisations lean into resistance and backlash and actively seek to understand it, both planning for its presence and also reactively responding to it when it arises by way of developing and implementing a robust change management plan.

Niti Nadarajah is an executive coach, DEI consultant and freelance GC.