People are Paralyzed by Fear

Opening Story

In the last week, I have had something happen that’s never happened before. I’ve had podcast guests who previously were scheduled to record back out or delay due to the current climate of our culture and conversations.

I wouldn’t normally share this, if it weren’t for the fact that in the three years I’ve done this podcast, it’s never happened before. Yes, of course, some people meet with me and decide they are too nervous or don't feel ready to do it. But never before have people backed out because they are concerned about their jobs or the repercussions of sharing their insights.

Mind you, my podcast (Evolving to Exceptional) isn’t political.

Its topics focus on bringing more wisdom to the workplaces and enhancing human performance with neuroscience-based strategies. Occasionally, we step into slightly challenging spaces when we call out poor practices, bad behaviors, and toxic cultures.

But I have never interviewed a guest to demean or harm them or the company they work for. I always try to leave them in a positive light that reflects well on them.

The goal of my podcast is to bring real people with real problems who are in the trenches to talk about them through a neuroscience lens. I aim to provide guests as much value as they bring me in sharing their insights with my listeners.

Note: Let me be clear, I totally understand why they are backing out. I am in no way trying to shame or criticize these individuals. They have every right to be concerned in the current climate and take steps to protect themselves and their livelihoods. Particularly those that work in the government and have been directly ordered not to speak or share without receiving official approval first. 

At the same time, if this fear of speaking truth in the face of challenges becomes widespread, I fear it will mean people are silenced out of fear for the future.

As a result, we will see fewer people come forward and speak out on the bad behaviors that get buried by non-disclosures.

As a former In-House Counsel and Talent Management leader, I know all too well the inner workings and ultimate implications of a cultural shift with respect to issues of safety, harassment, discrimination, workplace respect, and DEI. 

I know many have never had these types of experiences and may not relate to this message. However, your understanding of this issue is critical to ensuring it does not disappear into the abyss of the current climate. 

DISCLAIMERS: 

• All of these topics can be highly triggering so please keep this in mind as you read this article. Be aware of any reactions in your body and consciously consider why it is responding in a particular way. Pause, breathe, and even stop reading if you need to. 
• Also, these topics have recently become highly politicized and divisive. I am attempting to speak on this topic not from a political perspective per se, but rather out of concern for the implications and impact on people in our workplaces. 
• I acknowledge I am not an expert in the DEI space, and I will likely be imperfect or incomplete in my articulation of the current climate and challenges. I am choosing to speak anyway and welcome engagement and discussion so long as it is conscious and coherent in its delivery and intent. 

Let's look at: What's caused this recent shift in sharing? What will the impact be if it continues? What can we do in spite of these challenges? 

The Cause

Did you know in 2023, Tesla was ordered to pay $3.2 million in damages in a racial discrimination lawsuit, impacting its brand and finances? 

The U.S. President’s recent moves (see full list below) to eliminate significant and important protections related to diversity, discrimination, equity, inclusion, and even safety in the federal government sends a signal loud and clear of where we are headed.

Corrupt corporate cultures have long complained about having to make decisions based on performance (merit) rather than preference (race, religion, gender). Whether it is Musk's influence or other corporate leaders promoting their self-interests to avoid accountability for their wrongdoing, these actions are beneficial only to those who are guilty of wrongdoing. 

They are indicative of a cultural shift away from creating more human-centered workplaces and back to practices that not only undermine performance but also directly harm people. 

These changes have come so quickly, it's been difficult to fully consider their implications and impacts. Despite many attempts to paint DEI and discrimination with a broad brush, it is a highly complex and challenging space to navigate. 

A Quick Primer on DEI & Discrimination 

Not everyone immediately sees the connection between what is considered "DEI" and the actions related to discrimination. I've provided the definitions below for each category. 

• Diversity: The presence of differences within a given setting, including race, ethnicity, gender, age, sexual orientation, disability, socioeconomic background, education, religion, and other characteristics.
• Equity: Ensuring fair treatment, opportunities, and access to resources for all individuals, while recognizing that different people may need different levels of support to succeed.
• Inclusion: The practice of creating environments where all individuals feel welcomed, valued, respected, and empowered to contribute fully.
• Discrimination: The unfair or prejudicial treatment of individuals or groups based on characteristics such as race, gender, age, disability, religion, sexual orientation, or other protected attributes. It occurs when a person or group is treated less favorably than others due to these characteristics.is the unfair or prejudicial treatment of individuals or groups based on characteristics such as race, gender, age, disability, religion, sexual orientation, or other protected attributes. It occurs when a person or group is treated less favorably than others due to these characteristics.

A lack of diversity can indicate or provide evidence of discriminatory practices. When decisions are made on the basis of a protected class, it constitutes discrimination. A person's skin color, gender, religion, etc., does not directly impact their ability to successfully perform any role. Any decision made on this basis prioritizes personal preference over merit. 

DEI initiatives and approaches have been criticized for impacting the quality of hires and performance of people in various roles. As a longtime people leader, I have found the opposite to be true. That, in fact, the biases of leaders and managers lead to many of and often the worst hiring and promotion decisions.

When leaders and managers choose someone because of the school they attended, fraternity they belonged to, their hobby (such as golfing), or their similar "style," it is rarely related to their capabilities, capacity, competence, or character. Likewise, when promotions happen based on who a leader enjoys grabbing drinks or spending time with, that is also problematic.

Despite attempts to flip this script, the truth is that it is more common to hire people of lower merit based on bias than to hire those with lower merit to try to create more diversity.

But my experience is just my subjective perspective, let's look at the brain science.

Our Biased Brains Perpetual Patterns

Our brains are formed based upon our lived experiences and environments. They are shaped by all of those collective interactions, and we can only see the world through our unique lens. Until we've had a particular experience, it is impossible for us to see the world the same way as if we had. 

• For example, compare your thoughts about children before and after having them. Or consider how you felt before experiencing the death of a close loved one to after. 

Our brains also search far and like to find connection and common patterns to create greater efficiency. As a result, they are constantly sorting everything into categories—good/bad, right/wrong, in-group/out-group—based on past experiences, exposure, and cultural norms. 

• When we encounter someone perceived to be in the "out-group," a part of brain (amygdala) gets activated which creates an implicit bias—a subconscious preference for people who are more similar to us. 
• This implicit bias can and will influence all your decisions including who to hire, promote, and interact with at work without your conscious awareness. 

We associate those who are most like us with safety, trust, and belonging. Our brains will also reward us with dopamine for engaging with people who share our values, culture and background creating comfort in sameness. 

• For example, in hiring decisions, managers may unconsciously prefer candidates who "feel like a good fit," reinforcing workplace homogeneity.

Conversely, engaging with those who are different takes more cognitive effort. Since the brain is always trying to minimize energy expenditure, it naturally resists. 

• For example, workplaces that lack diversity may feel comfortable for those in the majority group, but this reinforces exclusionary patterns.

As our brains and bodies regulate stress, they also can activate a threat response when exposed to DEI initiatives because a "scarcity mindset" triggers fear that inclusion of one group will mean exclusion of another (zero-sum fallacy). 

• For example, resistance to DEI initiatives often comes from the perception that inclusion for marginalized groups means "taking away" from others, even though equity creates more opportunity overall.

As you can see from just a few of the examples above, our brains are wired to discriminate and be influenced by our biases. To overcome this, we have to be intentional with our actions and decisions which is where DEI efforts originated. 

The Challenge with Overcoming Discrimination

Discrimination has long been difficult to dismantle.

It takes a courageous individual standing up to the corporate monster that is designed to silence and keep secret any wrongdoing.

In my prior roles as In-House Counsel and Head of Talent Management, I always followed the laws, but back then, my values were different than they are today. I'll admit I was blind to many of the brutal business practices and their long-term impact on people and the broader system.

What do organizations typically do in these situations? 

As leaders, we argue it’s easier on the impacted individual who’s already been subjected to harassment or discrimination to just make the issue go away. To get the perpetrator to sign a non-disclosure, pay them some money, and make it disappear. Or worse, to pay the person impacted by discrimination to remain silent and move on. 

But the truth is, workplaces are primarily concerned with minimizing the impact on the organization. 

Mostly, we are making it go away so we don’t really have to deal with the root issues—why it was possible for the situation to occur in the first place. 

I am still bound by document and legal duty to keep much of what I know confidential. I must be careful when sharing examples or experiences to not violate those agreements or obligations. And every time I have to walk that fine line, I get angry.

• Angry that I can’t just speak truthfully and honestly about my experiences. 
• That I can’t share the truth about what I know and what I know to be true. 
• That legal and HR leaders everywhere know exactly what they are doing to protect the company (mostly its leaders) and that it also negatively impacts people all the time.

And now, the little resources available to people to combat bad behavior are likely to be limited or eliminated entirely. 

Without legal protections like the EEOC, NLRB, ADA, and similar regulations, people will have even fewer opportunities to fight back against legitimate wrongdoing. 

• There will be fewer reasons to train people on biases and their impact or how to avoid discriminating intentionally or unintentionally.
•  The few resources we had as individuals to fight back against the bad behaviors of leaders is disappearing before our very eyes.

People will be back to being silenced and suffering without any means to mitigate the wrongdoing.

Impact of Discrimination

The damage of discrimination and harassment on individuals is seriously significant trauma. 

Experiencing it leads to a plethora of negative health and life outcomes. It is extremely hard, if not impossible, to just "think positive” or “move on” from a trauma of this magnitude. It affects everything you do and every future interaction and relationship you have.

For example, the experience of betrayal by a boss you once trusted inflicts a deep wound that leaves you questioning whether you can trust anyone. It creates a vulnerability that does not just heal or disappear but can fester like an open wound.

The damage of discrimination, harassment, and a lack of diversity, equity, and inclusion on organizations might be even greater. Even though it seems like it'd be easier to work with those who are most like us, research shows more diversity creates better business results.

The research and findings are clear. DEI policies and programs are what make organizations thrive in the 21st century. It’s what pulls in top-notch talent. It’s what makes business more competitive, more influential, and more profitable. DEI is key to any business strategy, and it’s a full-blown leadership imperative and philosophy that’s surely here to stay.

The organizations that perform the best consistently have more gender and ethnicities represented. Those organizations on the opposite end of the spectrum—the bottom quartile— have the least diversity. 

Organizations who fail to appropriately incorporate respectful work practices, train on cognitive biases, and hire based on merit and performance rather than preference are going to be impacted negatively. Including:

• Decreased Employee Engagement & Productivity: A 2023 Gallup study found that employees in inclusive workplaces are 3.2 times more engaged than those in non-inclusive environments.
• Higher Turnover & Difficult Retaining Talent: A Deloitte study found that 76% of job seekers consider diversity when evaluating employers, meaning companies without DEI efforts lose out on qualified candidates.
• Poor Decision-Making & Innovation Gaps: A McKinsey study found that companies with diverse executive teams outperform less diverse competitors by 36% in profitability.
• Reputation Damage & Loss of Customers: Target recently faced backlash for rolling back its DEI efforts.

What can we do?

Without government protecting people from corporate greed, misconduct, and bad behaviors, we will be forced to take action in other ways.

Individual Actions:

• Speak Up & Challenge Discrimination & Bias: For those who are privileged to hold a place where they have not or likely will not experience discrimination, we need you to stand up for those that do and will. When you see wrongdoing, we need you to not turn a blind eye, but to do what’s right despite the risk.
• Build Self-Awareness & Recognize Your Biases: Acknowledge we all have biases and take time reflecting on yours. Take Implicit Bias Tests such as Harvard’s Implicit Association Test.

For those organizations who claim they care about and value their people.

• Now is the time to lean in on respectful workplace culture, training on discrimination and harassment, and making clear regardless of the laws you will not tolerate bad behavior.
• Now is the time to lean in on creating exceptional cultures that promote and encourage equity, inclusion, and belonging.
• To show you will do it, even if it is not legally required or perceived as a risk. That you care about people’s experiences even if the government changes its stance on these issues.

For Consumers:

• As consumers we must leverage our purchasing power with care and intention. 
• We must watch for which organizations drop their DEI efforts, stop implementing fair hiring practices, and fail to create a respectful culture. 
• Then, we must choose whether to do business with them even when it’s hard and it hurts. I know it’s easier to click the button and buy the thing from where you know. But if they are harming humans and humanity, we need to stop buying from them.

Reflection

Take a few minutes to reflect on the following:

1. How does fear of speaking out about workplace issues impact the ability to create safe, ethical, and high-performing workplaces? Have you ever hesitated to speak up about a workplace issue? What were the risks, and what would have helped you feel more supported?
2. How do unconscious biases show up in your decision-making at work, particularly in hiring, promotions, or team interactions? Can you recall a time when you gravitated toward someone who "felt like a good fit"? Was that based on their actual skills and abilities, or personal familiarity?
3. What role do organizations play in ensuring fairness and inclusion when government policies no longer require them to? If there were no legal protections against discrimination in your workplace, would you trust leadership to uphold fair practices? Why or why not?
4. How does discrimination—whether direct or systemic—impact both individuals and organizations over the long term? What have you observed in workplaces where discrimination or exclusion went unchecked? How did it affect morale, performance, or turnover?
5. As an individual, leader, or consumer, what steps can you take to support equity, inclusion, and ethical workplace culture? Beyond policies and legal protections, what actions can you take to ensure fairness and respect in the spaces you influence?

Conclusion

I am one of those privileged to be able to speak truth despite the consequences. I will not waste my privilege staying silent and suppressed by fear and ignorance. Which is why I am calling attention to these actions and their consequences intended or unintended.

The erosion of workplace protections and DEI initiatives signals a pivotal moment in our collective history. If fear and silence become the norm, unethical practices will thrive unchecked. But we are not powerless. Whether as individuals, leaders, or consumers, we have the ability—and the responsibility—to uphold fairness, inclusion, and respect in our workplaces and beyond. 

The only way to fight back against outrageous and fear mongering actions is to educate ourselves, reject the direction, and stand strong against its movement. The question is: Will we choose to act, or will we allow history to repeat itself?

Reference Notes:

• Termination of DEI Programs in Federal Agencies: An executive order was issued directing all federal departments and agencies to eliminate DEI-related mandates, policies, programs, and activities. This order also mandates the identification of employees involved in DEI and "environmental justice" roles.
• Revocation of Executive Order 11246: This action rescinds the 1965 order that prohibited federal contractors from discriminating based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and that required affirmative action to promote equal employment opportunities.
• Restrictions on Private Sector DEI Practices: Federal agencies have been instructed to enforce civil rights laws by targeting private-sector DEI initiatives deemed discriminatory or preferential. This includes reviewing and potentially terminating contracts with organizations that maintain such practices.
• Changes within the Equal Employment Opportunity Commission (EEOC): The administration has replaced key EEOC personnel and directed the agency to adopt a strict binary view of gender. This shift includes reviewing all related claims at EEOC headquarters and has raised concerns about potential violations of federal laws protecting against sex discrimination.
• Removal of LGBTQ+ Resources from Federal Websites: Following an executive order, mentions of LGBTQ+ resources have been deleted from federal government websites, including the National Institute of Allergy and Infectious Diseases' HIV Language Guide and references to transgender individuals on the Centers for Disease Control and Prevention's site.
• Legal Actions Stemming from Data Removal: Medical advocacy groups have filed lawsuits against federal agencies for removing essential health data from government websites in compliance with directives to eliminate DEI content. The missing data includes resources vital for treating patients and managing public health emergencies.