In 2018, IBM’s Chief Diversity Officer Lindsay-Rae McIntyre left the company with plans to start a similar position at Microsoft. IBM, in turn, responded by taking the woman who had been one of their top female executives to court.
Why Companies Shouldn’t Be Allowed to Treat Their Diversity Numbers as Trade Secrets
Businesses generally rely on trade secrecy to protect intellectual capital, spur innovation, and maximize the economic benefits of their work. After Congress passed the Defend Trade Secrets Act in 2016, which strengthened employers’ ability to protect this information, trade secret lawsuits increased by 30%. Not only have lawsuits gone up, but the notion of what may be considered a “trade secret” has also become broader. Recent research has found that companies, particularly in tech, have started arguing to protect their diversity information as a trade secrets. This has significant implications and may ultimately harm diverse talent, hinder transparency and accountability, and limit the potential of diversity efforts to advance workplace equity.