Nigel F. Telman, partner at Proskauer, agrees [that the
legislation articulates the desire to make sure diversity exists in the senior levels of management and the business activities of the organization, which makes it broader and more important]. “It’s bringing the issue of diversity to the forefront at the highest levels. It’s diff erent than saying, ‘You can’t discriminate.’ We all know that,” he says. “At the very least, if it is implemented the way the legislation suggests, it will raise the issue of diversity at the high- est levels within our government agencies, where a lot of money is being spent.”
CRITICAL COMMENTARY T ere are, however, detractors, many of whom are con- cerned that the language is too vague and the scope unclear. For example, OMWI directors are left to inter- pret “a good-faith eff ort” by contractors to include minorities and women. Critics also cite the possibility of political intimidation,
concerned that Congress and the White House may have an opportunity to coerce regional agencies to go along with particular policies. Other concerns include the addi- tional paperwork and reporting burden, and the question of whether the new OMWIs are a duplication of what the OFCCP already requires. An underlying criticism found among online bloggers is that Section 342 may detract
from the main goal of the Dodd-Frank and the fi nancial services industry, which is to avoid the credit problems that created the need for the legislation in the fi rst place.
GREATER PERSPECTIVE “A lot of commentary is that this is an affi rmative action plan or a quota system,” Telman adds, “but diversity and discrimination are diff erent things.” Simply making sure that an individual or company isn’t being discriminated against is not the same as creating opportunities for diverse professionals and contractors, he explains. “T e more diversity you have in people who are helping
you make decisions, the better the end product will be,” Telman continues. “T at’s diff erent than hiring or not hir- ing someone because they’re a minority. Making sure you have a diverse group of people on your team will enhance your fi nal product.” If the end goal of this legislation is to increase diversity
on all levels, Chamblee believes that this legislation is a good start. “Anybody who knows anything about diversity will tell you that what isn’t measured doesn’t get done. T is legislation provides for measuring success and creating accountability for ensuring success.” D&B
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http://waters.house.gov/News/DocumentSingle. aspx?DocumentID=155744 Last visited 1/17/11. DIVERSITY & THE BAR INTERVIEWS CONGRESSWOMAN WATERS
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