Navigating Civil Rights in the Workplace: A Guide for Organizations

The Supreme Court has just ruled that ICE can legally racially profile. This ruling allows employees to be detained based on their appearance, language, or where they work. They don’t even need to determine citizenship status upfront.

In some instances, employees have been detained during unannounced U.S. Immigration and Customs Enforcement (ICE) workplace actions. Many may lack access to legal representation and could be held while their immigration status is questioned.

This Is a Civil Rights Issue That Corporations Have to Navigate. How Can Companies Respond?

We might feel uncertain about where to turn. We may want to focus solely on business. But what happens when ICE shows up at our facilities? What if our workforce diminishes? What if customers and communities demand to know how we, as a corporation, are helping? While this Supreme Court ruling allows continued profiling of Latinos, racial profiling has already expanded to encompass other groups.

How can we move forward as leaders who care about values, people, and profit simultaneously?

For 2025, there is greater fear, decreased optimism for the future, and greater pressure on companies to improve our societal conditions. Historically, companies that take bold, principled stands on civil rights and human dignity perform better in the long term. Employees stay. Customers stay. Trust grows.

1. Speak Up Clearly, Consistently, and Publicly

We know that employees can be detained for how they look, where they work, and the language they speak. We can help prepare our employees and the community for this possibility. Understand what is legal and what isn't by speaking with immigrant advocacy organizations. View risk mitigation from all angles, including a civil rights standpoint. Consult legal counsel with corporate social responsibility and advocacy experience.

2. Build Situational Infrastructure Immediately

If you haven't yet, build a response plan that explicitly addresses this scenario. There are ethical, legal, and reputational consequences if racial profiling occurs on-site without a warrant. This could happen if an employer allows voluntary access to non-public areas, releases state-protected data, or violates internal privacy policies.

For example, what if an employee tips off ICE about a specific group of employees due to their race or ethnicity? Your organization may not be liable for what ICE does, but you may be liable for how you conduct yourselves during this time.

• Create protocols for managers and employees on what to do if ICE shows up at your worksite.

• Avoid discriminatory cooperation, such as selectively reporting workers by nationality, language, or race.

• Ensure employees know their rights and that someone in leadership is prepared to act when those rights are violated.

• Support affected employees with legal referrals, paid leave, and public statements.

• I'm not a lawyer and am not offering legal advice. Have legal counsel review any preparatory documents and ICE interactions.

  
  

3. Train Your Leaders

Train executives, managers, HR, and legal teams on:

• The civil rights implications of this ruling. Is this potentially in violation of the constitution? EEOC, if they detain workers based upon their ethnicity?

• How to respond to workplace detentions.

• The real-world impacts on employee trust, morale, and safety.

  
  

4. Invest in Communities Beyond Your Corporate Fence

Yes, protect your workers' rights. But also support the communities they live in.

• Partner with immigrant and labor justice organizations for greater understanding.

• Provide emergency grants for impacted families.

• Offer paid time off for court appearances or family emergencies related to detention.

  
  

5. Audit Your Political Spending

Examine your PACs, trade associations, and lobbying arms. Where are they putting their money? Is your political spending still in alignment with your public values? Consider how this might affect public sentiment in the communities where your company operates and the consumers you serve.

6. Enable Your Employees to Speak Up

Many employees fear rocking the boat. They worry that speaking out could cost them a project, a promotion, or even their job. Yet, many still want to help and be part of managing these scenarios.

Rather than shutting down conversations, communicate clearly what issues employees can safely champion, how, and through what channels. Whether it’s internal advocacy, ERGs, or public messaging—be specific.

Invite their willingness to help. Make space for their desire to lead. Then support it.

When your employees amplify your message, you’re not just stronger internally; you create a visible front that other companies and workers can join.

7. Leverage Your Corporate Alliances

You are not in this alone. Most companies belong to industry groups, business coalitions, or cross-sector alliances that carry real weight—financial, political, and reputational. Use that collective power to coordinate plans, statements, and policy positions. Show up together at the table with legal defense networks or civil rights advocates when appropriate.

Conclusion: Taking Action for Change

As we navigate these challenging times, it’s crucial to embed our values into our operations. By taking proactive steps, we can create a safer and more equitable workplace. We have the opportunity to lead with integrity and compassion.

Let’s work together to ensure that our organizations not only thrive but also contribute positively to our communities.

Work With Us

We work with companies that are ready for proactive strategies. That means policy reviews, risk audits, alignment mapping, and community-informed infrastructure.

Let’s talk: *watsonnelson.com