Encouraging employees to bemindful of racism is fair game, but requiring specific action basedon race is problematic. (Credit:Rawpixel.com/Shutterstock.com)

National and local headlines about protests, social injusticeand police reform have created a divide in our communities.Statements from large corporations, with massive social mediabudgets, can be seen as pandering or polarizing. Other employerswant to make a statement or take action but are concerned aboutpotential employee and public ramifications. Employees want theiremployers to do something but can't necessarily agree on whatshould be done.

Related: How to keep politics from disrupting theworkplace

These are delicate topics. No matter how well-meaning orplanned, a statement or professed policy is not likely to satisfyall constituents and could actually make an already touchysituation worse. Before you take a stand, make a statement orencourage employee action, think about potential ramifications.Even well-intentioned moves can still break discrimination laws.Here are some points to consider, and issues to avoid, as anemployer or employee in these challenging times.

Support diversity, but don't force theconversation.

Implementing diversity training focused on helping employeeswork together more effectively and foster a dialog among curiouscolleagues is a solid start. Resources to help facilitate thesediscussions are widely available, and feedback from such programsis more positive than negative.

But a well-intentioned plan can be taken too far, such as anemployer asking its employees to sign a pledge and commit to haveconversations about social issues, or directing employees to meetwith a person of another race to specifically discuss racism.

We'll suggest that the employer's efforts appear unbiased andprogressive, but they cross the line in the latter instances.Depending on how the directives are enforced, they may actuallyviolate anti-discrimination law. Encouraging employees to bemindful of racism is fair game, but requiring specific action basedon race is problematic.

Employers can still take action, but focus on thingsyou can control.

Silence can indeed be construed as complicity. You can't ignorewhat's going on, but you should address things over which you havesome control. As an employer, one effective strategy is toeliminate color from the message and the conversation. Discussequality, the ultimate goal of Title VII of the Civil Rights Act.If you're considering an internal or external statement, stick towhat you can control—your company will continue to comply withlegal and moral obligations. If you go beyond that, you may beinviting trouble in today's highly polarized society.

You have no legal obligation to start an internal conversation(or any conversation), but many employers feel they have a moralobligation to do so. Again, be aware of the potential benefits andhazards before starting the dialogue. Keep the conversationuplifting and not too specific, while abiding by employment laws.Talk to employees about what the company and its leaders are doingin these times to maintain a positive work environment and rememberthat actions speak louder than words. It's fine to say "we believein equality and will not tolerate discrimination." It's another todemonstrate the commitment through equitable employment practicesand a welcoming work environment.

Look for ways to rally the company and employees around positiveactivities and causes. Match contributions to predeterminedcharities that support employer and employee beliefs. Hostactivities that promote teamwork and team-building. Participate incommunity activities that promote well-being in underservedcommunities without a polarizing effect. (Shameless plug: The Boys& Girls Clubs of Metro Atlanta do great work and are alwaysappreciative of your support.)

Understand the employee's and public'sperspective.

It's critical to maintain an open dialog with employees, butthat obligation doesn't extend to the general community. Anemployee may ask why you're not supporting Black Lives Matter, aPolice Benevolent Association or another cause. When you make adonation in today's climate, the perception will be that you'remaking a political statement. Help employees understand that theabsence of specific support for a particular organization doesn'tmean that you don't care about current cultural issues. You canstill be 100% against racism and not contribute to BLM, orpro-police and not contribute to a PBA. Just be prepared to faceconsequences from employees as well as customers whether you'repassive or active–they have a right to support or not support you,too.

Employees, of course, can contribute to their own causes andpolitical organizations. Consider offering to match employees'contributions. Encourage them to choose peaceful (and obviouslylegal) options that promote unity and equality. If your employeesfeel discriminated against in the workplace, help them understandit is their right and responsibility to report it immediately, andthen it's the company's obligation to listen and reactaccordingly.

It's impossible to keep the topic of social injustice out of theoffice today. If you want to make a statement or implement a newpolicy or program, consult your attorney and consider allramifications before moving forward.

Amanda Farahany of Barrett & Farahanyrepresents individuals in employment cases and other employmenthardships.

Todd Stanton of Stanton Law advises smalland medium-sized employers on employment law issues.