Transcript Slide 1

DIVERSITY TRAINING
• The workforce is becoming more diverse
• Women and minorities are entering the job market in
record, increasing numbers
• Americans with Disabilities Act (ADA) is revolutionizing the
employment opportunities open to persons with
disabilities.
• Companies are expanding their markets to include
Europe, South America, Mexico and Asian rim countries
and, thus, are developing a more global perspective.
• Federal contractors, who have for years been obligated to
promote diversity in their workforces, are finding that
effective diversity management now means much more
than hiring women, minorities, and disabled individuals.
DIVERSITY TRAINING
• Diversity management encompasses the challenges of
managing and working harmoniously with employees of
both sexes with a variety of racial, ethnic, and cultural
backgrounds, as well as nontraditional family situations.
• The increasing diversity of employees in the workforce
makes corporate culture a critical issue.
• Problems of harassment, including slurs and jokes, will
increase.
• Problems may also arise from the need to retain and
advance a wide variety of employees from diverse
cultural background to train individuals to succeed in the
new corporate culture, and to promote effective
teamwork among employees.
DIVERSITY TRAINING
• The Law Requires Employers and Employees to Effectively
Manage Diversity
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Title VII of the Civil Rights Act of 1964.
The Age Discrimination in Employment Act of 1967.
The Equal Pay Act of 1963.
The Americans with Disabilities Act of 1990.
The Civil Rights Act of 1991.
State Statutes and Municipal Ordinances.
• Most Popular Litigation Issues:
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Sexual Harassment
Race Discrimination
Harassment
Age Discrimination
Disability Discrimination
DIVERSITY TRAINING
SEXUAL HARASSMENT
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Sexual harassment is any unwelcome sexual attention, advances, requests
for sexual favors or physical or verbal conduct of a sexual nature forced by
one employee, either male or female upon another.
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The unwanted attention may take the form of repeated requests for dates,
obscene jokes, lewd and lascivious comments, or physical gestures, words,
signs, calendars, and pranks, whether at or away from the company, and may
include the following circumstances:
– Submission to such conduct is made a term or condition of an individual's continued
employment, promotion or other condition of employment. This can occur by clearly
stated or implied words or actions.
– Submission to or rejection of such conduct is used as a basis for employment
decisions affecting an individual employee.
– Conduct is intended to interfere or result in interference with an employee's work
performance, creates an intimidating, hostile or offensive work environment for an
employee, or otherwise adversely affects an individual's employment opportunities.
DIVERSITY TRAINING
– Derogatory or vulgar comments regarding any person's gender, sexually
suggestive language, sexually vulgar language, remarks about a person's
physical anatomy or characteristics, threats of physical harm or distribution of
written or graphic sexual materials.
– Person touching others in a sexually suggestive way. This would include touching
others so as to invade their personal privacy, intentionally touching breasts,
genital areas or derrieres. This would also include physical contact, such as
hitting and pushing or threats to take such action.
– Any promise or threat in exchange for sexual favors is called "quid pro quo"
harassment. Any employee of the company who engages in this behavior,
whether it be intentional or unintentional shall be immediately discharged.
– Sincere compliments about a person s clothing generally will not be considered
sexual harassment. Making comments about how someone looks in an outfit
("you look sexy" or "you sure fill that sweater, & nice buns," ) would be
considered harassment.
DIVERSITY TRAINING
TWO TYPES OF SEXUAL HARASSMENT
• Quid Pro Quo.
– This form of harassment involves unwelcome sexual advances,
requests for sexual favors, or other verbal or physical conduct of a
sexual nature in which acceptance of the sexual conduct is made a
condition of employment.
– Under a quid pro quo harassment charge the victim must show
that he/she suffered or was threatened with economic injury.
• Hostile Environment.
– This form of harassment is based largely (but not completely) on the
victims point of view and must be of a sexual nature under the reasonable
person standard.
– The victim must show that the environment was so hostile or intimidating
that a reasonable person would not work there.
DIVERSITY TRAINING
Sexual Harassment Update.
• Same Sex Sexual Harassment.
The United States Supreme
Court recently ruled that sexual harassment is not limited to male vs. female
or female vs. male. Same sex harassment is now considered a part of Title
VII of the Civil Rights Act.
• Vicarious Liability.
An employer is responsible for the acts of its
supervisors. Employers should be encouraged to prevent harassment and
employees should be encouraged to avoid or limit the harm from
harassment.
• Public Awareness.
– We have all picked up a newspaper and read about a lawsuit based on
sexual harassment. .
– Movies such as "Disclosure", E.E.O.C. sponsored commercials,
Attorney Advertisements, the Navy Tailhook Convention, and most
recently President Clintons' involvement with Paula Jones and Monica
Lewenski.
DIVERSITY TRAINING
Race Discrimination
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All forms of racial discrimination in employment, including intentional
discrimination and different treatment based on race, as well as discrimination
based on a facially neutral policy which has an adverse impact on a certain race,
racial harassment and discharge claims are covered under Title VII of the Civil
Rights Act of 1964 and 1991.
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An example of disparate impact would be a company that will not hire anyone
unless they have a college degree regardless of the job duties. It would be
extremely easy to prove that not all jobs require a college degree and minorities
do not possess a college degree at a rate comparable to the general
population. Therefore the policy has a disparate impact upon a protected group.
DIVERSITY TRAINING
Race Discrimination
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Racial Harassment takes place when one employee, one manager or more
stereotype an individual due to their race and begin making racial jokes,
racial slurs, drawing cartoons.
– Although the person telling the joke, tells it because its funny and
doesn't mean anything by it, it could still be considered racial
harassment and can not be tolerated.
– With the diversity we have in the workforce today - stereotyping does
not work and can not be tolerated.
DIVERSITY TRAINING
Harassment
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Harassment on the job is discrimination that violates Title VII of the Civil
Rights Act of 1964. Harassment is not limited to sexual harassment.
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Harassment can include race, age, gender, sexual orientation, religion,
physical disability, mental disability and National Origin, jokes, cartoons,
derogatory comments, posters, etc..
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Harassment is defined as any such conduct that has the purpose or effect
of unreasonably interfering with an individuals work or performance creating
an intimidating, hostile or offensive work environment.
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Until recently the main focus was on sexual harassment. However, in light
of recent U.S. Supreme Court Opinions, harassment is harassment and will
not be tolerated.
DIVERSITY TRAINING
Age Discrimination
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The Age Discrimination in Employment Act (ADEA), with several notable
exceptions, prohibits employment decisions made on the basis of age.
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The law protects employees over 40 years old.
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To be covered, employers must have 20 or more employees. As with gender and
race discrimination, the Equal Employment Opportunity Commission (EEOC) will
handle and pursue claims of age discrimination under the ADEA.
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For the most part, claims made under the ADEA assert discriminatory treatment,
that is, the employer purposefully took adverse employment action against the
claimant because of his or her age.
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It is less likely that an employee could succeed on a claim that a policy or
practice of the employer has a "disparate impact" on employees over 40; a
more indirect theory of discrimination.
DIVERSITY TRAINING
Age Discrimination
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As the workforce continues to dwindle down to record setting numbers, the
need for workers will require employers to go where most have not typically
gone - the older workers.
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Managers and fellow employees must understand the value of experience
this class or worker brings to the table and take advantage of it. Employers
must understand that this class of employee brings their own specific needs
to the table needs they may not be accustomed to meeting. Needs such as
time off to care for infirm or sick spouses and parents as well as for
employees' own health problems.
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Traditionally, American business has not focused on teaching new skills to
employees during their working careers. This presents problems when the
supply of new workers is dwindling.
DIVERSITY TRAINING
Disability Discrimination
• The ADA prohibits employment
decisions made on the basis of
disability.
• To be covered, employers must have
15 or more employees. As with
gender, race and age discrimination,
the Equal Employment Opportunity
Commission (EEOC) will handle and
pursue claims of age discrimination
under the ADA.
DIVERSITY TRAINING
Disability Discrimination
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The federal regulations pertaining to the ADA explain that disability means
an individual:
– With a physical or mental impairment that substantially limits one or
more of the major life activities of such individual
– With a record of such impairment.
– Being regarded as having such impairment.
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Part of any diversity management program must include a reasonable
accommodation policy outlining what the employer considers to be a
reasonable accommodation and what the employer considers to be an
undue hardship in regards to employment of individuals defined above.
DIVERSITY TRAINING
When a Claim is Made
Management Responsibility
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Posted Policy The Company must have a posted policy.
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Employee Training. All new and existing employees should be required to
review the company policy on harassment and discrimination.
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Investigation. The Company should investigate all claims of harassment or
discrimination. This investigation may include the use of outside professionals
in an effort to ensure a thorough and fair investigation is conducted.
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Action. The Company should take appropriate disciplinary action against all
persons who are found to be taking part in actions that would
constitute harassment or discrimination of an employee of the company.
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Protecting the Victim. The Company must make all reasonable attempts to
ensure the investigation of all claims are handled in a confidential manner. The
Company must ensure that the victim of harassment is not retaliated against in
any form or fashion. Employees taking part in retaliatory actions should be
terminated immediately.
DIVERSITY TRAINING
Employee Responsibility
• Notification.
In the event an employee feels he/she is a
victim of harassment or discrimination they must notify the company
immediately. This notification may be to the appropriate
management personnel or if available, an employee hotline.
• Cooperation.
All employees must cooperate with the company
investigator. Failure to do so will lead to disciplinary action up to and
including termination of employment.
DIVERSITY TRAINING
What Do We Do Now?
• Every successful program of diversity management starts with
an open and frank critical review of the practices and attitudes in
the workplace. The employer and employees should look at
similarities and differences among employees whose careers
have been successful, whose careers have unsuccessful, and
those who, despite successful careers, have left the
organization.
• The employer should be particularly sensitive to and identify any
policy or practice that may be undermining its ability to attract
and retain skilled workers and to encourage employees to
perform to their full potential.
• Employers and Managers should also root out "unwritten" rules,
especially those based on managers' preferences' for working
with people they know.
DIVERSITY TRAINING
What Do We Do Now?
• All employees and managers must make sure that they are
operating from the same concept of managing diversity, and not
confusing it with concepts that have negative overtones for some,
such as affirmative action.
• Managing diversity may require changing fundamental assumptions
in the corporate culture.
• For example, the concept of the workforce as a family may not be
viable where women, minorities, or other newcomers to the
workplace are not already part of the family but instead end up
feeling like intruders, particularly if they bring change to the ways of
the family.
DIVERSITY TRAINING
Enhance Communication
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Failure of meaningful dialogue between employees and management
and among employees (especially those of different backgrounds) is a
serious barrier to successful diversity management.
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The solution to this problem is to understand differences in how people
communicate and what the most effective mode is for communicating
with individual employees.
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Effective communication also requires clear and
consistent statements by the employer of each
employee's responsibilities, the performance
standards by which the employee is judged, and
all written (and unwritten) work rules.
DIVERSITY TRAINING
Enhance Communication
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Managers are encouraged to utilize the Employee Hotline in the event they
have questions on how to handle various sensitive employment issues.
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The employee hotline is not just available to employees to make complaints,
the employee hotline is available for managers as
a tool to assist them in dealing appropriately with
day to day employment related issues.
DIVERSITY TRAINING
Increased Awareness
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Successful diversity management requires recognition of cultural and
other differences and efforts to accommodate those differences without
affecting performance.
The employer should avoid two common pitfalls:
– First, although the employer recognizes differences, it should not
manage employees on the basis of those differences. Instead, it
should use that awareness to emphasize the values and
characteristics shared by everyone in the organization.
– Second, the employer should consider differences between
individuals, not generalized differences between persons of a
particular background.
Stereotyping is making generalized assumptions about characteristics of
a cultural group and attributing them to all individuals belonging to the
group.
Stereotyping is counterproductive because it is inaccurate and prevents
differentiated thinking about individuals.
The employer must adopt action-oriented programs that assist
individuals in overcoming barriers to their advancement.
DIVERSITY TRAINING
Enhanced Management Skills
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Managing diversity does not require managers to develop a new set of
management practices.
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To be effective, managers must use traditional good management
techniques with more skill. Managers need to have a better sense of their
personal management style and how others react to it.
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Employees must become familiar with a managers personal style or people
skills and learn how to communicate back to the manager, as in all
relationships, it's a two way street!
DIVERSITY TRAINING
Emphasize Quality to Promote Teamwork
Among Diverse Groups
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Commitment to quality can be the basis for successfully evaluating and
motivating a diverse workforce. In a diverse workforce, where the
employer needs to emphasize similarities rather than differences, the
quality goal can be a significant source of unity.
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Employers can use the total quality approach to reduce subjective
criteria in the evaluation process that can work against diversity.
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The role of middle and line level managers in promoting diversity is just
beginning to be seriously scrutinized. The task of the manager is to
enable employees to reach their full potential and achieve the business
objectives. The empowerment model effectively compliments a total
quality program, because it makes all employees responsible for
contributing to the quality objective.
DIVERSITY TRAINING
Emphasize Quality to Promote Teamwork
Among Diverse Groups
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The workforce today is very diversified.
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Communication is extremely important.
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The Golden Rule of treat others as you would want to be treated
does not always apply, what may be acceptable to you, may not
be acceptable to someone else. A couple of better rules to follow
would be the ones that we learned when we first started school.
Keep your hands to yourself!
If you can't say anything nice, don't say anything at all!