Complexities and Legal Challenges of Fostering Diversity in the Workplace

Abstract

Implementing initiatives to promote diversity and equity involves navigating various legal challenges, including risks of discrimination and privacy breaches. This chapter explores these issues through an analysis of pertinent European legislation and key decisions from the Court of Justice of the European Union. It evaluates the implementation of positive actions, the use of AI in assessing candidates' diversity values, and the risks linked to processing sensitive data and adhering to the principles of purpose limitation and data minimization. The goal of this chapter is to provide an overview that can serve as a valuable resource for management in selecting, evaluating, and implementing diversity-promoting measures in the workplace. This approach helps managers gain a fundamental understanding of the legal complexities surrounding diversity initiatives, fostering more informed decision-making that meets legal requirements and organizational objectives.