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Today, David and Sarah give us their reactions to the Derek Chauvin trial verdict, talk about potential issues on appeal, and break down Minnesota state law on the competency of a juror as a witness. Also on today’s episode, our hosts chat about an interesting court filing involving Texas Attorney General Ken Paxton and a talk about whether the law can or should protect employees from political discrimination.
Show Notes:
-Last week’s Advisory Opinions episode on the ins and outs of the Chauvin trial
This is a comment I have saved from another blog advising people who are worried about being punitively outed as conservatives in workplace trainings, etc. Some good and practical advise here I think:
I've spent my entire career with large companies that talk the usual talk about diversity, but it doesn't seem to loom over workaday matters all that much. My advice: If speaking up may cost you your job, then don't do it if that's going to pose a material concern for you. You are much more likely to end up being seen as an example of what happens to people who question the power structure than a free- thought martyr (and you're almost certainly not going to win). Through this, the power structure actually becomes stronger.
Also, while it may be galling to have to go along with the corporate diktats, at least you're merely offering passive compliance instead of someone filling your role who may act to advance CRT and other nonsense. Further, if events develop in a way that presents an opportunity for more liberal approaches to get a fair hearing, you'll be there to support those. (I'm aware that this isn't exactly a Profile in Courage.)
For diversity training and other discussions:
1. Participate as little as you can get away with. If there are exercises to do, don't be oppositional, but phone it in. Don't chime in during Q & A sessions. People, especially perky corporate trainer- types, hate apathy and indifference more than disagreement. This will be more likely to cause them to rethink their approach than something that actually gets a lively discussion going.
2. As others have said, record or take notes on everything suspect to the extent local law allows.
3. If you're asked to make a diversity statement, I'd suggest something like "We're in a time where our both our customer base and employee talent pool are becoming increasingly diverse. It makes good business sense to have a corporate culture that doesn't drive good potential customers or employees away." This happens to be true, and doesn't involve any self-abasement or commitments to the nuttier aspects of diversity-think.
4. If you must ask questions, I'd suggest the following.
a. What particular suggestions regarding employee behavior do you have? Is it the company's position that I should treat people of a different [race, religion, sex, etc) differently than others? If so, how? [This is a perfectly reasonable question, though tone is important. Doe-eyed innocence is better than confrontational. It's also a legal minefield for any company to answer.]
b. What are the metrics by which we'll know we're being successful as a company in these efforts?
c. Which of our competitors, other industries, or even other countries are we trying to catch up to with respect to DEI, and what did they do that made them successful?
These last two cue the other members of the audience (at least the smarter ones) to think about DEI efforts as they would any other aspect of business: product offerings, use of technology, store footprint. When the diversity trainer gives a gobbledygook answer, that'll help clue them in that it's all BS.
If you are ever compelled, by the company or your own conscience, to go into further details on your thoughts on the matter - always preface it by saying that you are making recommendations to improve workplace conditions. (And make sure your comments actually do this rather than just slagging the company). This may actually provide some legal protections, and it lets HR know that you're aware of your rights under the law, which scares them to death. But, consult with an employment law attorney in your state to be certain.
A pox on Paxton. I remain a fan of Gov. Greg Abbott, before whom I used to appear when he was a civil district judge in Harris County. But Paxton and former talk radio shock-jock Dan Patrick, our Lieutenant Governor, seem to be competing to see who can be the Trumpiest — and therefore most outrageously rabble-rousing and short-sighted. I hope to see both effectively primaried in 2022, although that's probably wishful thinking on my part.