We conduct in-depth assessments of a client’s workplace culture and climate using established evidence-based practices. Our assessments collect qualitative data through focus groups and individual interviews and quantitative data through a proprietary instrument that surveys the entire workforce. Based on our review of the data, we identify risks; establish benchmarks for tracking progress; and develop concrete solutions to create inclusive workplaces, mitigate the possibility of litigation, and preserve reputation and brand.

Diversity and inclusion efforts often take place alongside efforts to respond to breaking issues and concerns. In such situations, we are always available to help develop appropriate communications to internal and external audiences. We collaborate with our clients to act quickly and effectively to address the issues. In addition, as needed, our team can quickly launch investigations into current and past claims of discrimination or harassment. The results of those investigations can inform the shape of broader efforts moving forward.

McGlinchey works with clients to develop new approaches, and enhance existing ones, in order to increase diversity and inclusion, including the following:

• Strategic plans to increase recruitment, retention, and promotion of people of color, women, and other underrepresented groups in the workplace;
• Building DE&I systems and programming, including employee resource groups;
• Guiding public relations, governmental, philanthropic, and community engagement;
• Engagement with internal and external partners to reinforce the client’s commitment to diversity and inclusion; and
• Customized suggestions for creating a culture of safety and respect.

With regard to all methods for increasing diversity, equity, and inclusion, we bring our legal eye to ensure compliance with the law and a passionate commitment to finding new, creative, and results-oriented initiatives.

• Counseling clients on legal issues under federal and state laws related to DE&I programs, initiatives, and metrics, including best practices to prevent and defend claims
• Evaluating and assessing DE&I programs for legal risks and providing advice on risk-reduction measures
• Assisting with compliance regarding Section 342 of the Dodd-Frank Act and analyzing its interplay with EEO laws, OFCCP regulations, and affirmative action obligations
• Conducting risk-reduction audits that analyze current disputes and controversies, internal complaint processes, and lessons learned from employment claims

Our learning professionals have built a full curriculum of compliance, ethics, and leadership courses for every level of the organization. McGlinchey’s training practice provides these courses through a full range of training services, including the following:

• Live training by McGlinchey attorneys - in-person or webinar format
• Train-the-Trainer services for clients to use material internally
• Training program development and review
• In-house video/multimedia production services; standard and customized video/multimedia training projects
• One-on-one coaching for executives and managers
• Consent decree and court-ordered programs

• A national solar company retained McGlinchey to provide a year-long corporate diversity strategy and training as part of its Environmental, Social, and Governance (ESG) program. The McGlinchey team counseled the client on issues under federal and state laws related to DE&I programs, initiatives, and metrics, including best practices to prevent and defend claims. The team also worked with the client to develop a strategic plan to increase recruitment, retention, and promotion of people of color, women, and other underrepresented groups in the workplace.
• A Louisiana-based credit union retained McGlinchey to provide corporate diversity strategy and training. With the help of the McGlinchey team, the organization established a diversity council and created a five-year strategic plan developing and tailoring mechanisms to help the organization achieve its corporate DE&I objectives, including diverse candidate slates, diversity-related recruiting incentives, employee surveys, and DE&I-related goal setting. The McGlinchey team also assisted in developing the client’s Supplier Diversity program, including compliance with government requirements.
• Implicit bias is particularly harmful during performance reviews because it can result in subjective ratings and hurt an individual’s career development and opportunities for advancement. These biases can lead us to favor certain individuals over others and affect how we give out raises, promotions, bonuses, project assignments, and more. What’s worse is that we likely won’t even notice it’s happening. McGlinchey was able to work with a global Fintech client to combat these challenges by conducting performance calibrations. Through the calibration process, we were able to make sure that every manager took a more standardized approach to employee performance and evaluations.