DIVERSITY TRAINING

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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.

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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.

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DIVERSITY TRAINING

• The Law Requires Employers and Employees to
  Effectively Manage Diversity
• 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
• Sexual Harassment
• Race Discrimination
• Harassment
• Age Discrimination
• Disability Discrimination

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DIVERSITY TRAINING
SEXUAL HARASSMENT

• 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. 
• 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.

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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.

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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.

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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.

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DIVERSITY TRAINING

• Race Discrimination
• 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.
• 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.

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DIVERSITY TRAINING

• Race Discrimination
• 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.

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DIVERSITY TRAINING

• Harassment
• Harassment on the job is discrimination that
  violates Title VII of the Civil Rights Act of
  1964.  Harassment is not limited to sexual
  harassment. 
• Harassment can include race, age, gender, sexual
  orientation, religion, physical disability,
  mental disability and National Origin, jokes,
  cartoons, derogatory comments, posters, etc.. 
• 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. 
• 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.

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DIVERSITY TRAINING

• Age Discrimination
• The Age Discrimination in Employment Act (ADEA),
  with several notable exceptions, prohibits
  employment decisions made on the basis of age.
• The law protects employees over 40 years old.
• 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.
• 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.
• 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.

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DIVERSITY TRAINING

• Age Discrimination
• 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. 
• 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.
• 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.

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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.

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DIVERSITY TRAINING

• Disability Discrimination
• 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.
• 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.

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DIVERSITY TRAINING

• When a Claim is Made
• Management Responsibility
• Posted Policy   The Company must have a posted 
  policy.
• Employee Training.  All new and existing
  employees should be required to review the
  company policy on harassment and discrimination.
• 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.
• 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.
• 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.

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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.

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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.

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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.  

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DIVERSITY TRAINING

• Enhance Communication
• Failure of meaningful dialogue between employees
  and management and among employees (especially
  those of different backgrounds) is a serious
  barrier to successful diversity management.
• 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.
• 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.

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DIVERSITY TRAINING

• Enhance Communication
• Managers are encouraged to utilize the Employee
  Hotline in the event they have questions on how
  to handle various sensitive employment issues. 
• 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.  

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DIVERSITY TRAINING

• Increased Awareness
• 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.

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DIVERSITY TRAINING

• Enhanced Management Skills
• Managing diversity does not require managers to
  develop a new set of management practices.
• 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. 
• 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!

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DIVERSITY TRAINING

• Emphasize Quality to Promote Teamwork Among
  Diverse Groups
• 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.
• Employers can use the total quality approach to
  reduce subjective criteria in the evaluation
  process that can work against diversity.
• 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.
•  

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DIVERSITY TRAINING

• Emphasize Quality to Promote Teamwork Among
  Diverse Groups
• The workforce today is very diversified.
• Communication is extremely important. 
• 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!