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What is Diversity in the Workplace?

A Message from Our Director, Gwen Hopkins

Here at U Empowerment, we firmly believe that all people deserve equal rights when it comes to work opportunity. Read on to view our director’s message below about the numerous benefits of workplace diversity.

Workplace Diversity

Diversity in the workplace is an important issue today. This is especially true considering the current trend of globalization, where employers venture out abroad for expansion purposes. With workplace diversity in mind, the employers’ mission is to have a balanced workforce; a state that is achieved by hiring qualified employees from different nationalities and backgrounds.

More importantly, workplace diversity means employing people without discrimination on the basis of gender, age, or ethnic and racial background. Due to the fact that we live in a world that promotes globalization, diversity in the workplace has become a concept that is accepted and applied more than ever.

Empowerment references the determination in yourself. Remember, perception is reality! By promoting diversity, we can improve workplace training and minimize workplace harassment, disputes, and discrimination.

Benefits of a Diverse Workforce

Contrary to long-held notions, a diverse workforce actually offers a number of benefits. It is widely believed that by utilizing a diverse workforce, an employer would be in a better position to understand the demographics of its customers. As a result, the employer is able to serve their clients better, enabling it to thrive in its specific industry.

In addition, an employer that supports diversity in the workplace is better able to achieve high levels of employee satisfaction and address retention issues. An important part of workplace diversity is how an employer makes use of its varied workforce, which is called inclusion. If the employer has a diverse workforce yet does not take advantage of the wide range of experience within the organization, then it could not enjoy the advantages offered by background diversity.

Diversity issues change with time. Implementation of diversity is, more often than not, limited to the EO office and or the human resources department.

Difference Between Superficial and Deep Level Diversity

Diversity could either be superficial or deep level. Superficial diversity refers to differences in gender, race, and nationality. Deep level diversity refers to differences brought about by knowledge and cultural values. It is often noted that in an employer setting, increased interaction among a diverse workforce lessens the significance of superficial diversity and increases the importance of deep level as the team learns how to function as a unit.

According to studies, in deep level diversity, the informational diversity or the differences in knowledge contribute positive results to positive performance, while value diversity or differences in cultural views could lead to negative results.

In a group setting, however, members tend to discuss what they have in common rather than their differences. In order to encourage sharing of unique knowledge, it is important to let the group know who has knowledge on certain things. Also, instead of group information sharing, debates should be encouraged so as to allow members to challenge the ideas of other members. Processing deep information this way could lead to positive results.

Learning to accept the diversity and uniqueness of each employee will in turn generate feelings of trust and respect that could further lead to more productivity among employees, higher morale in the workplace, and less conflicts and the time involved in resolving them. Diversity is a fact of life, and learning to utilize it effectively is among the best ways to advance global economic balance.

Information on (Hostile Work Environment/ Harassment)

The law doesn't try to fix all of the struggles that happen in the workplace, but a hostile work environment is one that the law protects against. However, a hostile work environment isn't just one that's hard to work in. The law defines it much more narrowly. The general legal definition for a hostile work environment is one that is so hostile that the worker fears going to work. Federal code and case law describes the atmosphere as being "offensive, intimidating, or oppressive." Oftentimes, it develops because the employer wants the employee to do something and the employee refuses to do it because of his legal rights.

In United States labor law, a hostile work environment exists when one's behavior within a workplace creates an environment that is difficult for another person to work in. Common complaints also include sexual harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language or off-color jokes. Small issues, annoyances, and isolated incidents typically are not considered to be illegal. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.

A hostile work environment may also be created when management acts in a manner designed to make an employee quit in retaliation for some action. For example, if an employee reported safety violations at work, was injured, attempted to join a union, or reported regulatory violations by management, and management's response was to harass and pressure the employee to quit. Employers have tried to force employees to quit by imposing unwarranted discipline, reducing hours, cutting wages, or transferring the complaining employee to a distant work location.

The United States Supreme Court stated in Oncale v. Sundowner Offshore Services, Inc. that Title VII is "not a general civility code." Thus, federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual's employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive.

Where a hostile environment is alleged, the legality of behaviors must be determined on a case by case basis. In the workplace, such a claim focuses on the working conditions that must be endured by the victim as a condition of employment, rather than on tangible job changes. To establish whether the situation is actionable the "totality of circumstances" must be weighed with an eye to determining "that the harassment affected a term, condition, or privilege of employment in that it was sufficiently severe or pervasive to alter the condition of the victim's employment and create an abusive working environment". To rise to the level of hostile environment, the behavior must be frequent, severe and pervasive. It is not enough that a single such incident, or a few isolated incidents, have occurred, or that only one employee engages in such conduct (unless that employee is in a supervisory capacity).

To establish a Prima facie case for hostile work environment and sexual harassment, the alleged victim must prove the following five elements:

He or she suffered intentional, unwanted discrimination because of his or her sex.

The harassment was severe or pervasive.

The harassment negatively affected the terms, conditions or privileges of his or her work environment.

The harassment would detrimentally affect a reasonable person of the same sex.

Management knew about the harassment, or should have known, and did nothing to stop it.

Information on what we at U Empowerment can provide as some of facts for Employers for training;

Employers can prevent and eliminate such hostile environment harassment by maintaining and diligently enforcing a policy against such harassment. If an employer maintains and publicizes its anti-harassment policy, and if a victim of harassment fails to utilize the policy to attempt to correct the problem, an employer may be able to defend such a claim successfully. As in most situations, it is clear that preventing such behavior from occurring in the first place is the best defense against hostile environment harassment claims.

The Persuasive side of this issue relates to three essential principles of crisis prevention and response:

Perception IS reality.

Policy that doesn’t include training, monitoring and enforcement is often a starting point for crises.

Every employee is a representative for the organization, whether you want them to be or not.

I myself, have worked as an Equal Employment Office Director for the Department of Defense (DoD) with countless agencies/organizations whose leadership and legal counsel were convinced that they were in compliance with all labor and employment laws.

But, in some cases, their employees didn’t agree. Some of those employees sued them or filed EEOC complaints — and regardless of the eventual legal outcome, damage was done.

Many of those employees gossiped — to each other, to customers, to people in the outside community. All causing damage to the agencies/organization’s reputation.

A comprehensive vulnerability audit of any organization should involve EEO, Labor Laws and legal review of all existing human resources policies. First for legal compliance. Then from a “reality check” viewpoint, asking questions such as:

Do our employees actually understand the policy?

If we think they do, how do we know that (hint: if the answer is “because they signed a form saying they’d read the policy,” you should consider a more valid test of reality)?

Do our employees think that we “walk our talk” regarding creating a friendly, versus hostile, environment?

Do we know how our employees describe the work environment, or other HR-related matters, when they go home?

Teamwork between HR professionals, legal counsel who understand the above can help prevent or at least minimize damage from many of the crises that relate to employment matters.

Reasonable Accommodations (Physical/Mental disability)

Procedures Governing of Reasonable Accommodations for Employees and Applicants with Disabilities

These Procedures also implement Executive Order 13164 (July 26, 2000), which instructs Federal agencies, to "establish effective written procedures for processing requests for reasonable accommodation by employees and applicants with disabilities."

The Rehabilitation Act of 1973, as amended, (29 U.S.C. § 701 et seq.) and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) . These Procedures are intended to provide guidance for the implementation of the Rehabilitation Act. Failure to adhere strictly to the steps outlined within this document shall not be construed as a violation of employee rights or administrative procedures.

Consistent with its obligations under the Rehabilitation Act, and ADA will provide reasonable accommodations for:

Individuals with disabilities who apply for employment;

Ensure employees with disabilities to perform the essential functions of their jobs; and

Employees with disabilities to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.

The employer’s policy is to provide a reasonable accommodation that meets both the applicant's or employee's needs that does not place an undue hardship on to the employee/applicant.

Explanations of Key Terms Used in These Procedures

Note: This section is intended to provide, so far as possible, a "plain English" explanation of relevant legal terms that are defined in the Rehabilitation Act (29 U.S.C. § 705) and the Americans with Disabilities Act (42 U.S.C. § 12111). This section is not intended to change the meanings assigned to these statutory terms. Persons seeking further explanation of these terms should consult the Equal Employment Opportunity Commission's "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630.

Disability — A disability is a mental or physical condition that substantially limits a person from engaging in at least one major life activity that has central importance to most people's daily lives, such as walking, seeing, or breathing.

Qualified Individual with a Disability - A person who has a disability is a qualified individual with a disability if he or she is able to perform the essential functions of his or her job with or without a reasonable accommodation.

Reasonable Accommodation — An accommodation is a change in the employer work rules, facilities, or conditions which enable a qualified individual with a disability to apply for a job, perform the essential functions of a job, or enjoy equal access to the benefits and privileges of employment. An accommodation is reasonable if it is effective in producing the desired result, and balances the needs of the applicant or employee and the employer.

Undue Hardship — If a specific accommodation causes undue hardship, the Employer does not have to provide that particular accommodation. Determination of undue hardship is always made on a case-by-case basis, considering factors that include the nature and cost of the reasonable accommodation and the impact of the reasonable accommodation on the employer operations.

Interactive Process — An interactive process is a flexible process through which the employer and the employee or applicant with a disability, discuss the request for accommodation in a good faith effort to identify the employee's or applicant's precise limitations and reasonable accommodations.

Essential Functions — Essential functions are the fundamental job duties of the employment position the employee with a disability holds or the applicant with a disability seeks. A function can be essential if, among other things, the position exists specifically to perform that function, there are a limited number of other employees who could perform the function if it were assigned to them, or the function is specialized and the incumbent is hired based on his or her ability to perform it.

Extenuating Circumstances — Extenuating circumstances are factors that could not reasonably have been anticipated or avoided in advance of the request for accommodation. When extenuating circumstances are present, the time for processing a request for reasonable accommodation and providing the necessary accommodation will be extended as reasonably necessary.

Examples of extenuating circumstances may include: waiting to receive medical documentation from a third party; or waiting for adaptive equipment to assist the employee; or unforeseen circumstances caused by a delay in the mail system.

Responsibilities of Participants in the Reasonable Accommodation Process

The immediate supervisor of an employee who requests an accommodation shall be responsible for:

Participating in the interactive process when the employee requests a reasonable accommodation;

Consulting with the employer’s appropriate officials in determining:

Whether the requestor is a qualified individual with a disability;

Whether to grant, deny, or provide an alternative to the requested accommodation; and

Whether, in the case of a denial, the requested accommodation poses an undue hardship.

Rendering final decisions on accommodation requests; and

Documenting requests for accommodation and the action taken.

Even in the absence of receiving a written request, the supervisor should acknowledge and begin to act on an oral request for reasonable accommodation within a timely matter normally no more than (30) business days.

List of Bases that are Prohibited employment policies/practices required for Title VII Civil Rights Act of 1964 filing an Equal Employment Office Commission (EEOC) or Local Fair Employment Practice Act (FEPA).

(Applicant or employee) race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), and disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The law forbids discrimination in every aspect of employment.

List of examples of workplace issues employee/applicant) would like to have resolved the most;

  • Recruitment
  • Application & Hiring
  • Background Checks
  • Job Referrals
  • Job Assignments & Promotions
  • Pay and Benefits
  • Discipline & Discharge
  • Employment References
  • Reasonable Accommodation & Disability
  • Reasonable Accommodation & Religion
  • Training & Apprenticeship Programs
  • Harassment
  • Terms & Conditions of Employment
  • Pre-Employment Inquiries
  • Dress Code
  • Constructive Discharge/Forced To Resign
  • Terminations
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