A Force for Good: CFDA and PVH Release A Diversity, Equity & Inclusion Report

Note: Today's post is more about fashion & business than law, but the topic has potential legal implications to collectively think about.

I would like to kick off February with an important topic that also raises potential legal issues: diversity, equity, and inclusion ("DEI"). PVH Corp., a parent company of Calvin Klein and Tommy Hilfiger, released a comprehensive report titled "The State of Diversity, Equity & Inclusion in Fashion" in partnership with the Council of Fashion Designers of America ("CFDA"). So far, stories of DEI came mostly from the media and fashion watchers such as WWD and The Fashion Spot. Those efforts to raise an awareness of the issue are absolutely laudable, but had certain limitations. With no resources to conduct costly surveys, their diversity scores were almost invariably based on quantitative indices such as numerical breakdowns of "representations" on runways and magazines. For example, The Fashion Spot tracks how many, say, Asians models walked for the 2020 Fall/Winter fashion shows. Yes, numbers do speak, but it is necessary to go deeper than that to get a fuller picture. That's precisely why I'm sharing this PVH-CFDA report: it is essentially a qualitative report that's backed up by key quantitative findings. 

In an official release, PVH and the CFDA highlight that the report aims to "emphasize the experiences of Black employees and industry voices, and other unrepresented, underserved, and underprivileged communities across all industry disciplines and levels". In terms of the methodology, the report draws on a "McKinsey & Company survey of over 1,000 working industry professionals across 41 companies, 20 stakeholder interviews, and three focus groups with students and emerging designers". The sheer breath of the voices heard and represented evidences their sincerity and urgency in combating an array of DEI issues that have continued to plague the industry. Even for me, when I started watching fashion shows back in the mid-2000s, I rarely saw Asian models strut down the catwalk. (I have to recognize that that depressing situation has improved significantly since then!) While individualizing and grouping the experiences of the respondents, the report makes clear that building lasting allyship that will allow us to collectively shake up the status quo is pivotal. With that in mind, let's take a look at some of the report's key findings.

The respondents answered that their companies are working to improve DEI. Yet, when it comes to the question of whether "the best opportunities go to the most deserving employees", the respondents were less in agreement. I'm taking a global compliance law class this semester, and this finding reminded of a classroom discussion. Even a semblance of having a corporate culture that's not diverse and meritorious can serve to hamper recruiting efforts. Why? Millennials and Gen-Z, who will soon enter the labor market en masse, exhibit a higher preference for companies that are diverse and inclusive. This nicely dovetails with the report's next finding: there are unique biases, both explicit and implicit, within the industry. If these biases become more pervasive and entrenched, the industry will face protests not only from within, but also from the outside.

This report, however, should most be valued for laying the actionable framework for tackling prominent "DEI" issues in fashion. First, the report points out that under-compensation instituted a barrier that dissuades passionate talents from entering the industry. Another barrier exists at the internship level where the underrepresented and the underprivileged have a particularly hard time penetrating the labor market due to the lack of mentorships or industry connections. The report takes note of the fact that not-so-small number of job offers are made through the existing network. I strongly believe that enough doors should be open for those who are meritorious but connection-less. Finding workable solutions requires a coordination among various stakeholders: individuals, companies, and even fashion schools. The report issues a list of recommendations that merits implementation. (Please see the link for specific recommendations for each stakeholder.)

I want to end today's post on a hopeful note. At least at Fordham Law, I've had no classroom encounters where my classmates and I felt uncomfortable discussing thorny issues such as diversity. We were a group of open-minded individuals. The first step then should lie in cultivating an environment where everyone emphasizes and sympathizes with those who had experiences that he or she has never experienced personally. I hope this PVH-CFDA report indeed become a force for good!