Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.

Tuesday, March 6, 2018

Inclusion Riders Are A Good Idea In All Types Of Employment Agreements

Frances McDormand made an impassioned plea during her Oscar speech for more diversity. She mentioned the term, "inclusion rider" at the end of her speech. So what is an inclusion rider, and can it be used in non-Hollywood employment agreements?

The idea of the inclusion rider is that stars with lots of negotiating power can help those with little or now power by protecting them in the stars' contracts. So including things like equal pay for costars, diversity in cast and crew, and other clauses to protect coworkers can bring about change in Hollywood.

But would it work in other employment agreements?

I think that it could work for folks who are highly sought-after and who have lots of leverage to negotiate. While those people are rare, they do exist. If you have special skills or recognition in your industry that make you a desirable property, then you could put your money where your mouth is and negotiate to protect your coworkers.

Here are some things you could demand to be added to your employment contract if you are one of the superstars with leverage, and that could make a huge difference in workplace fairness:

  • Diversity: While you probably can't demand any particular percentage of racial, gender, LGBT, disability or other diverse employees, because that would also be discrimination, what you can do is demand that your employer recruit in places that provide a more diverse pool of applicants. Recruiting at colleges? Include those schools with a majority of minority students. Placing ads? How about placing ads with AARP, NAACP, and other organizations that have diverse members in addition to the ones in more traditional media?
  • Noncompetes: You can negotiate to not have a noncompete in your own contract, but what about your team? You can insist on a clause in your agreement that noncompetes won't be imposed on your coworkers.
  • Fair pay: What about a clause that requires pay to be reviewed for your colleagues annually and compared to similar positions in the industry? That requires all colleagues holding the same job title and seniority be paid the same? Prohibiting inquiries about prior salary in job interviews?
  • Sexual harassment: You could force the company to take sexual harassment complaints seriously. Include a clause that people making a harassment complaint will be entitled to a full investigation, including interviews of the accused harasser's former subordinates/coworkers. State that the victim will be entitled to be told the full results of the investigation and what, if any, steps the employer took to make sure the harassment won't recur. Include that any retaliation, including ostracism, transfers, demotions, firing, harassment of the victim will result in swift punishment.
  • Bullying: Make them adopt and enforce a policy of zero tolerance for bullies. That alone would make a huge difference in your new corporate culture.

These are just a few possibilities. Get creative. So, what issues are important to you? If you talk the talk of diversity and inclusion, and if you are a superstar with negotiating power (don't even try this if you're an entry level worker or someone with no leverage), then you can put your money where your mouth is and negotiate a contract that makes sure your coworkers have fair treatment at work. Wouldn't that make your workplace so much better?

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I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.