1.3.2 Why is DEI Important (Compliance vs Engagement) ?
DEI work is often characterised by compliance and engagement. Companies often have staff that work on both sides of DEI. It is good to understand both sides for discussions and interactions with employers.
Compliance is a legal requirement whereas engagement is doing what is right and good for business.
Under compliance, one looks at adherence to national legislation and policies. These can include The Kenya Constitution; The Employment Act; The Persons with Disabilities Act; The National Gender and Equality Act, and; the UN Convention on the Rights of Persons with Disabilities, among others. Other examples of compliance can include adherence to non-discrimination policies (e.g. tax breaks), as well as compliance with national or global company DEI policy and goals.
Engagement is voluntary and an act on behalf of the employer that goes beyond obeying laws. It requires learning and unlearning as well as understanding the engagement and actions. Further, engagement targets all the teams and operations across the workplace. It takes time and is central to everything that happens at the workplace. Lastly, engagement promotes universal inclusion.
An example of compliance is when TVET/HE institutions comply with the accreditation standards of the TVET authority of Kenya and the Commission for University Education. Employers are often incentivized by a combination of compliance and engagement and therefore they are expected to conduct a combination of compliance and engagement activities every day. However, there is no perfect categorization that can be drawn between compliance and engagement. There is often an overlap, and the difference depends on the context, as both law and systemic inequalities change in different places.

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