November 20, 2020Published Article

Rumbaugh and Zaccardelli author article, In-Depth: Overcoming Co-Employment and Legal Barriers to D&I Progress

Special Report: The Future Of Diversity And Inclusion In The Contingent Workforce

Staffing Industry Analysts
The demand for diversity has accelerated in the contingent labor space in the same ways as in the rest of society. Clients want diversity from their suppliers, and suppliers want to deliver diversity. Buyers and suppliers are concerned, however, that they might inadvertently create risk in their efforts to achieve workforce diversity. As discussed below, for the most part, typical efforts to create a more diverse workplace are safe and lawful (and, in some cases, have been required all along). This paper walks through the most commonly asked questions with the goal of allowing businesses to lawfully, confidently, and safely engage in, communicate with each other, and share data about diversity efforts. And, in those cases in which there really is a legal landmine, this paper will help businesses to flag potential issues and escalate them to their legal function.
  1. What Can Contingent Workforce Leaders Lawfully Ask Their Staffing Suppliers to Do to Increase Diversity?

  2. What Metrics Can Buyers Request Staffing Agencies Gather and Use to Measure Diversity?

  3. What Demographic Information Can You Ask Your Staffing Firm to Share With You?

  4. If My Staffing Supplier Provides Diversity Data to My Organization, How Do We Store It? Can We Store It in our VMS? And Who Can Be Allowed to See It?

  5. Does Asking My Supplier to Collect or Divulge Diversity Information Make Me a Co-Employer?

  6. Is My Business Subject to Liability for Employment Discrimination If It Asks for Information on the Staffing Agency’s Diversity Efforts?

  7. Is My Organization Subject to Liability for Employment Discrimination If We Request Diverse Candidate Pools and Don’t Select the Diverse Candidates? How Do We Minimize That Risk?

Click here to access the full report.

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