Will You Agree to an Inclusion Rider?
Employers large and small are committed to taking action to pursue expanded diversity and inclusion in their workforces through the use of a contract provision known as an “inclusion rider,” points out Don Lawless in a post in Barnes & Thornburg’s Hot Topics in Employment Law blog.
“Consideration of gender, race, or national origin in pursuit of diversity is a legal two-way street,” he warns. “If goals are applied like quotas, it creates the possibility of reverse discrimination claims by qualified and interested job candidates who are not considered because they will not help meet the established metrics.”
The article states that sophisticated employers have used established goals as a tool toward implementing equal employment opportunity objectives, steering clear of applying goals like quotas.