If President Trumps administration is anything to go by, youd be forgiven for believing that the modern world is placing reduced focus on equality, diversity, and inclusion (ED&I) in the name offreedom of speech and the abandonment ofwokeness. But, has the political influence from our friends across the pond been reflected in changes to the UKs own legislative framework?
In the case of ED&I, the UK remains steadfast in its approach, maintaining its robust employment law protections, representing the antithesis of the Trump administrations values.
So in light of the UKs stance on ED&I, this article discusses a relatively new concept that all employers ought to be aware of; the social phenomena ofcode-switching, and what this means for your workforce.
What is code-switching?
The term stems from a linguistic capability to switch between languages or dialects. But its since taken on a more modern meaning, and in ED&I terms, we now deem code-switching to mean an intentional change to ones speech in order to fit in with the predominant culture. This can even extend to changing body language, tone, and other forms of expression; so, it goes beyond merely adopting acustomer service voice.
An example of code-switching could be someone with a regional or foreign accent, softening their accent in the workplace in a conscious effort to ensure they feel perceived as moreprofessional and that theyfit in more. It could also, for example, be changing your hair for the workplace, which is a particular concern for black women, whom are 80% more likely to change their natural hair to meet perceived norms.
Ultimately, we all code-switch, mimicking our environment subconsciously or otherwise in an effort to belong.
But is it beneficial to us or harmful, particularly in an ED&I context?
Is code-switching beneficial or harmful?
Its not strictly either, but the extent to which it is utilised and relied upon will ultimately determine its effects.
It can be an incredibly useful skill, as the ability to diligently pick up on social cues and subsequently alter your delivery to better suit an audience or environment is what most would consider professionalism and good social etiquette.
But unfortunately, code-switching disproportionately impacts those from other backgrounds, with research indicating those particularly from black and ethnic minority communities as well as those from low socio-economic backgrounds struggle with this more.
For people from these potentially marginalised communities, code-switching likely feels like an unspoken expectation, placing that additional burden on them to blend in and camouflage their authentic selves. And thats where code-switching causes issues, because it imposes this psychological toll that deepens the persecution, perceived or actual, of these communities.
Its impossible to have a conversation about code-switching without acknowledging how the societal norms we all try to fit in with, particularly in the workplace, have largely formed. What we consider as a society to be acceptable and professional in the workplace is largely influenced by a white majority, therefore reticence to align with ones cultural identity has its roots in racism.
Legal implications
Legally, it would not be entirely unreasonable to envisage a discrimination claim arising from this almost forced integration of culture, causing the exclusion of ethnic minorities given the disproportionate impact on them. A prudent employer should monitor the impact of code-switching on their workforce and ensure all backgrounds and cultures are adapted into workplace culture to minimise any allegations of indirect discrimination.
And its not just ethnic exclusion to look out for either, workforces are diverse both in ethnicity and neurotypicality. Those who are neurodiverse will likely struggle with the concept of code-switching, as often they are ill-equipped to pick up on social cues, mannerisms and body language, and accordingly struggle to adapt and blend in as well as other colleagues. An employers failure to recognise the effect code-switching has on its neurodiverse employees (who often satisfy the definition of having adisability under the Equality Act) will equally find that they are marginalising and excluding these employees from the predominant workplace culture owing to their protected characteristic. A failure to recognise this could also result in a failure to make a reasonable adjustment – which is a core aspect in discrimination claims. Failing to cater for neurodiverse employees not only results in an unhappy workforce but similarly could result in accusations of indirect discrimination, exposing the organisation to legal liability.
So, with that in mind, what steps can an employer take to mitigate the consequences of a reliance on code-switching in their workplace culture?
How to reduce code-switching
The focus of employers must be in creating true inclusivity, so much so that those on the periphery or those who feeloutside of things are actively encouraged to bring their perspectives and contributions without sacrificing any of their cultural or social heritage.
There are numerous ways to mitigate the negative effects of code-switching, but we suggest the following would be sufficient:
- Encourage open conversations. Create dedicated groups where employees from various identities and backgrounds can share their experiences. Listen in to the concerns of these groups and adapt the workplace accordingly.
- Run dedicated training sessions. Educate the rest of the workforce about code-switching and the issues faced by certain employees. This could also tie into broader ED&I training that covers microaggressions, unconscious bias, and other themes that help foster a more inclusive environment.
- Diversify your own leadership. Does your management structure represent a range of backgrounds? If so, youll likely find that your employees feel less pressure to conform to any identifiablenorm as a result of these leaders bringing with them more of their cultural identity.
- Assess your organisation. Whether you conduct a formal assessment or simply take stock of the prevailing culture in your organisation, think critically about any shortcomings present within your organisation and consider the strategies to address them.
- Practice allyship. This means taking an active role in the support of individuals with less privilege and promoting their voices within your organisation.
Summary
As an employer, being alive to the risks that code-switching can have on your workforce and taking heed of the recommended practices above provide a wealth of benefits, not least a reduced risk of legal liability.
Namely, studies show that an inclusive workplace culture provides psychological safety for these marginalised employees. It also reduces emotional exhaustion, promotes a positive sense of identity, and may also reduce anxiety, depression, and burnout as a result of the alleviation of social pressure to conform.
The workforce is consequently happier, easier to retain, and more productive as a result – which means adhering to the recommendations above is not only ethically and legally necessary, but compliance makes commercial sense too.
If you have any concerns regarding ED&I in your organisation or have concerns regarding your workforce, please get in touch with our expert employment law team today.
