Baker McKenzie lists 5 DEI policies essential to companies

5 DEI benefits that are becoming essential policies for employers

March 1, 2022 9:00 AM

What does it mean for a workforce to be diverse and inclusive? Employers may find that inclusion cannot be built off kind words and goodwill alone — it needs to be embedded within a company’s policies and benefits.

It seems an increasing number of employers are doing just that. Multinational law firm Baker McKenzie surveyed over 900 diversity and employment leaders to see how employers have expanded their definitions of diversity and inclusion over the last three years, noting how these concepts have taken shape in the workplace. Several DEI areas of focus, from neurodiversity to miscarriages, have taken center stage for employers, with the number of U.S. companies addressing such topics increasing by as much as 61% by the end of 2021.

“We learned that the diversity leaders within organizations are more empowered today than they've ever been,” says Paul Evans, a partner at Baker McKenzie’s Employment and Compensation Practice Group in North America. “As a result, they were able to influence business changes and get in front of issues, especially as more stakeholders demanded companies emphasize diversity and inclusion.”

These stakeholders are not only investors, but customers and employees who are choosing where to work and shop with representation and socioeconomic inclusivity in mind, explains Evans. In turn, companies are pushing themselves to establish benefits and policies that support all workers, regardless of identity or circumstances.

Here are 5 DEI policies that are gaining increasing traction for today’s workforce, according to Baker McKenzie.

Neurodiversity policies

Three years ago, only 14% of surveyed U.S. companies reported policies surrounding how to better engage with employees on the autism spectrum; that number is now 63%.

“This reflects a commitment to increase what we mean when corporations talk about diversity,” says Evans. “This also acknowledges that with this war for talent, organizations should recognize that neurodiverse individuals can add tremendous value, and companies need to have initiatives that keep this population in mind.”

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While this data point is specific to workers on the autism spectrum, Evans notes that increasing awareness of autism within an organization has also shown companies how they can update their recruitment process to be more inclusive of all neurodiverse talent. For example, the Neuro-Diverse Centers of Excellence at Ernst and Young Global advises employers to write job postings without excessive requirements that will likely be addressed in training, as well as to conduct performance-based interviews rather than conversation-based interviews. These initiatives have also seen more traction alongside more internal-focused policies, explains Evans.

Adoption policies

While 86% of U.S. companies have policies surrounding parental leave in the event of adoption, three years ago only 28% of companies could claim as much. Now companies like Esty, Deloitte and Netflix are offering substantial PTO for parents who adopt — Etsy offers up to 26 weeks and Netflix gives unlimited leave in the first year after a child is adopted.

Domestic abuse policies

Although only 21% of U.S. companies had policies that address domestic abuse three years ago, today that number has been bumped to 82%.

“Employers are putting policies in place that support employees as they seek restraining orders as well as articulating non-discrimination and non-retaliation policies that protect victims of domestic violence,” says Evans. “It’s about building a support structure and creating a speak-up culture.”

A “speak-up” culture is a company culture that makes employees feel that they are safe to disclose personal information that impacts their well-being, and for Evans, a crucial aspect for policies that deal with sensitive subjects like this one.

Beyond ensuring employees feel comfortable disclosing domestic violence, employers are also giving employees leave to address health or legal concerns, and helping employees seek and enforce restraining orders. For instance, Evans notes that some organizations are even offering to share employee emails and voicemails that demonstrate the need for a restraining order.

Menopause policies

This topic was barely discussed three years ago, with only 7% of U.S. companies reporting any policies surrounding menopause — now, 36% of companies do.

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One-third of people experiencing menopause hide it at work, according to an international survey commissioned by Vodafone. Companies like Villyge, which provides coaching for working parents, are asking employers to not only give employees leave and flexible work hours to deal with symptoms of menopause, but to ensure that employees are comfortable sharing their menopause struggles with their co-workers and managers.

Miscarriage policies

Today, 83% of companies have policies that address miscarriages, up from just 16% three years ago.

“Employers recognize that they need to support their employees across all life circumstances,” says Evans. “The return to work for individuals who have gone through this sort of trauma has to be adjusted.”

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This may look like a phased approach — where an employee’s schedule is adjusted so they can slowly make their way back to work — or paid leave, to help employees can handle the medical appointments and physical recovery that comes after. For example, The Mom Project, a digital talent marketplace for women, offers one week of paid leave for miscarriages that occur in the first trimester, three weeks in the second trimester and six weeks in the third trimester.

“Policies like this fall under the umbrella of diversity and inclusion,” says Evans. “And employers are realizing they need to create an infrastructure of support for employees and their families.”