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DIVERSITY TRAINING

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Title: DIVERSITY TRAINING


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.

2
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.

3
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

4
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.

5
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.

6
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.

7
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.

8
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.

9
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.

10
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.

11
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.

12
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.

13
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.

14
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.

15
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.

16
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.

17
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.

18
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.  

19
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.

20
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.  

21
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.

22
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!

23
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.
  •  

24
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!
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