Chapter One: Valuing Diversity R The wise are as rare as eagles that fly high in the sky. Bantu proverb Managing Workplace Diversity I Chapter One: Valuing Diversity VALUING DIVERSITY Chapter Objectives After reading this chapter, you should be able to: know how to value diversity. understand what it takes to manage change. explain how the right or wrong attitude affects managing change. clarify what it means to embrace diversity. see the connection between interrogating my thinking and valuing diversity identify the three approaches to diversity. describe what is required for cultural competence. Managing Workplace Diversity I Chapter One: Valuing Diversity Introduction What is Diversity? Organizations use definitions of diversity that are almost as diverse as the subject itself, but what is clear is that the central theme of 'valuing everyone as individuals - as employees, customers, and clients' extends dwersity beyond what is legislated. Business exists in competitive and changing markets, which means that all employees must make significant contributions to business success and add value in every conceivable manner, but everyone is different, so organizations will need to be able to harness individual workers' unique differences and convert them into competitive advantage.1 When studying organizational phenomena, many researchers state that employers implicitly assume that employees within an organization are homogeneous. Diversity researchers reject this assumption. Their work focuses on questions that arise when the workforce is acknowledged as a heterogeneous mix of people with different backgrounds, experiences, values, and Identities.2 A challenge of this type puts a premium on value systems that are inclusive, fair and ethical. We know from the essential charactenshcs of the psychological contract that employees expect their employers to value who they are.3 This is why effectwe workplace diversity is so important to enhancing business performance and, as research evidence shows, is correlated w.th good people management.4 According to the change agenda, Managing Dwerslty: Linking Theory and Practice to Business Performance Conference foreword by Dlanah Worman: Managing Workplace Diversity } Chapter One: Valuing Diversity In the global market place of the twenty-first century, the pace of change /n business practice /s considered faster than ever before. Organizations are striving to keep one step ahead of competitors to gain and sustain market share and to appease the increasingly voracious appetites of customers regarding products and serwce dehvery. Against this fluid background, the challenge organizations face /s to be able to respond to change/n ways that assure survival.5 Whtle change is a constant factor tn today's workplace, many of us perceive change to be burdensome. This tndtcates that there can be reststance to change which could result in a resistance to dwersity efforts. Hanaging Change How well are you at managing change? To determme the reply, let's start by answering the following questtons: 1. If someone challenges your behaviors or beliefs, do you find yourself justifying, defending or ratlonahzlng as a response? 2. Do you find yourself frustrated when you have to change your routtne, change your plans, or change something as simple as your work route due to a detour7 3. Do you find that you are still deahng with the same problems you had 3, 6 or 9 months ago? 4. When confronted with a challenge regarding your character or work ethics do you find yourself giving excuses for why you are the way you are? 5. Do you find yourself complaining a lot about life, your job, your relattonshtps or other significant areas in your Itfe? If you answered, "yes" to at least three out of the five questions, you may have some tssues wtth managtng change. Yet, if hfe is about growth then change is a natural part of the hfe cycle. But, so many people are reststant to change. Why? Because change often takes us out of our comfort zone. Managing Workplace Diversity I Chapter One: Valuing Diversity Yet, as we start this discussion of workplace diversity you may find that you need to change your thoughts about others and/or open your mind to beliefs unlike your own. Part of managing change is being teachable where you are able to listen (not tune out, not argue with, not think of an answer before the person finishes speaking) to what others have to say. Listening does not require you to take the person's advice, but you must be able to respect what they have to say. If you are teachable, you will even ponder over what they have to say before making a judgment. Being teachable also means that you realize that you have room for improvement (no matter the ag or status) and you can, therefore, be more open to what others have to say. Having an open mind is imperative to being able to deal with change.6 We must also understand that while having an open mind is an important ingredient to managing change, being cautious of what we put in our mind affects how we act toward change. We all know that our minds are power centers--the area where we store our thoughts, ideas, imaginings, and decisions. But, how does this power center control our behavior? Read the following quote: Watch your thoughts; they become words. Watch your words; they become actions. Watch your actions; they become habits. Watch your habits; they become character. Watch your character; it becomes your destiny. Frank Outlaw7 If we really want to make a change that will affect who we are then it must start with the images, beliefs, values etc.., that are a part of our thoughts. We must keep our minds open and be aware of our thoughts; just these two aspects alone can help us to make continual improvement in our character. While you may think that you are done improving your character, none of us are perfect and therefore we can all stand to make some changes. Managing diversity may require you to open your mind and challenge your ways of thinking.8 This can be done by first looking at our attitude toward change which can ultimately affect our ability to embrace diversity. Managin8 Workplace Diversity I Chapter One: Valuing Diversity Managing Change through our Attitudes As we begin this journey of learning how to address workplace diversity, we will address a key ingredient that will determine how we adjust to change or difference-that is, our atbtude. Your attitude is often one of the first things about your character that people will notice. So, what really is your attitude? It is the way m which we respond to our circumstances. According to the American Heritage Dictionary "attitude" is a state of mind or feeling with regard to some matter.9 When choosing to deal with change or your circumstances you can respond negatwely or positively or just simply shift into neutral. By shifting into neutral you may be choosing to ignore the sttuation, but how long will this be an effective response to change7 You could also respond negatively to change by complaining, being sarcastic or even experiencing intense anger. But, does ths type of response really make the circumstance go away? Since none of us are perfect and don't always respond appropriately, we may find that our first response is a negative one. But if we can open our minds, reflect on the incident then maybe we can find a positive way to respond to the change. Even m the worst of conditions, if you look hard enough you can often find some positive way to view change. But is it really this simple7 Understanding why we respond to change unfavorably (that is with a negative attitude) goes a long way toward hawng a favorable response. Fear is often the most cited reason for people being unfavorable about change. Fear of the unknown, fear of a new way of thinking or doing and fear of failure are all fears that people experience when facing change,l But, fear is not the only reason people have a negabve atbtude toward change. Insecurity is another. When a person's self-worth or what they thought made them who they are is being shaken, lost or questioned, change may not be welcomed.I! We all have our comfort zones and when those are threatened we can often become uncomfortable. But, you cannot move ahead by holding on. You have to let go and understand that you will experience some discomfort. But this discomfort does not have to control you. As you adapt to something new by having a positive attitude, you then give yourself the chance to feel the exhilaration surrounding this new experience.12 Controlling our attitude is even more possible when we examine our various levels of thought. Researchers suggest that to bnng order to the Managing Workplace Diversity I Chapter One: Valuing Diversity r i potentially chaotic landscape of the mtnd, it helps to thtnk posttively.]3 Posittve thinking, the highest level of thmking breeds peace, love and creativity, and encourages harmony and happiness.]4 Having positive thoughts may seem idealistic, but it ts not as difficult to achteve as one might think. If we can first concentrate on and find the positives in ourselves, then maybe we can do this for others and for uncomfortable circumstances. To that end, I ask you to do the following exercise before movmg forward in the chapter. ,, Positive Thinking Exercise Take three to five minutes to complete the exercise. Please be honest and time yourself. List ten POSITIVE internal attributes (things that would define your character) about yourself such as "caring." Now list ten POSITIVE external attributes (things that make you physically attractive such as you have beautiful eyes). Please do not get ANY assistance (do not ask your spouse, partner, friends or family), all twenty answers must come from you alone. Ten Posihve Internal Characteristics About Me: 1. 2. 3. 4. 5. 6. 7. 8. 9 10. Ten Posltwe External Characteristics About Me: 1. 2. 3. 4 5. 6 7 8 9. 10. Managing Workplace Diversity I Chapter One: Valuing Diversity Now that you have completed this Positive Thinking exercise, was it easy or difficult? If you answered easy, were you able to come up with 20 answers or at least 16 in total? If yes, I applaud you. This is excellent and generally means that you have a great self-image. Hopefully, if you feel this positive about yourself you should be able to see positive attributes in others as well as have a positive attitude toward change. According to psychologists, those who have healthy self- esteem feel less threatened by change and can therefore extend their positive thoughts to these difficult situations. \\ If you answered difficult, then maybe now is the time to ask others about your internal and external positive characteristics so that you can complete your list and add these positive thoughts to how you view yourself. Finding this exercise difficult could mean several things. For one, you may confuse being self- assured with being conceited and therefore have not allowed yourself to think these positive thoughts about yourself. Remember, thinking positively about ourselves does not indicate that we overvalue ourselves and have heads that can't fit into doors, it just means that we value who we are. Additionally, if you found this exercise difficult it could mean that you need to work on valuing who you are. How can you expect others to value what you don't? How can you look for the positives in difficult circumstances when you can't do this for yourself? Unfortunately for many reasons, some of us have not built a healthy self-esteem based on realistic characteristics of self. Instead, we have a false sense of security because we don't value who we really are. If we can elevate our thoughts to positive from negative (especially our thoughts of self), then we should better be able to elevate how we respond to change. If we can be positive and allow creativity to permeate our attitudes then maybe we can have an open mind. With an open mind, positive attitude, and positive self-worth we can begin to see change as positive. This should go a long way toward starting the process of embracing diversity. Acceptance of Self No matter how different we may feel from others or how much we may have been bullied or how much ego others think we have--there is great benefit in knowing the positive characteristics associated with "who" we are. A positive self-worth leads to acceptance of self or as some would call self-esteem. Though related, selfacceptance is not the same as self-esteem. Managing Workplace Diversity I Chapter One: Valuing Diversity Self-esteem refers specifically to how valuable, or worthwhile, we see ourselves; whereas self-acceptance alludes to a far more global affirmation of self. When we're self-accepting, we're able to embrace all facets of ourselves--not just the positive, more "esteem-able" parts. This means that despite what others may find valuable, others views do not impact how we feel about ourselves because we know our good points and not so great aspects but we accept it all. My mother-inm law had a saying ....... you must take the good with the bad. It won't be all good and it won't be all bad. If we can do this for ourselves, accept all that makes us who we are--then shouldn't it be easter for us to accept both the positive and negative aspects of change as well as accept others and everything that makes them "who" they are7 \\ How to Value Diversity Do all beliefs deserve respect? Table 1: Read the following statements below and indicate which ones you agree with and why. 1. I believe that anyone has the right to believe anything they want to about anything at all - but I don't beheve they have the right to force others to agree wath them or be upset if others disagree with them. (Agree or Disagree) 2. What happens in your own head is your own business - it is when it comes out of your mouth and influences your actions that it starts to become relevant to anyone else. (Agree or Disagree) 3. You don't have to agree with what someone says. It's not about liking the other person's opinion. It's about realizing people don't always see eye to eye and accepting that reality whether you like it or not. (Agree or Disagree) 4. Some beliefs are simply not respectable. (Agree or Disagree) Managing Workplace Diversity I Chapter One: Valuing Diversity 5. There is no reason we should judge someone just because they believe in something that we don't or act in ways that we do not. No matter where they come from and what they think, we should be treating everyone with an equal amount of respect. (Agree or Disagree) Not all of the statements above (if agreed to) follow the premtse of the textbook. The premise of this book is that we are all entitled to our beliefs, lifestyle, way of dress, etc. especially since this Is the land of the free. But, does this mean that we will agree with the viewpoint and choices of others? Probably not. It is acceptable to disagree with another's viewpoint, the dwerse views of this text or your workplace views on diversity. However, whether you dtsagree with dtfference or dwerstty is not the issue, the issue is having the abtlity to respect another person's right to behave and believe as they choose. But, how far do you take this7 Does thts mean we support a serial rapist and this person's rights to act as they choose? Of course not. The laws of the land and ethical workplace expectations are the gutdes that help us to determine what rights others have that we should respect. It is important to note that it is not our opinion that determtnes where these boundaries of acceptable and unacceptable fall. As laws change, as people gam more civil rights, as viewpoints in society provide more equality this all requires us to have an open enough mlndset that even if we don't agree wtth these changes or cwll hberttes provided in the United States, we can respect the right that others have to them. Embracing Diversity People can be categorized in many ways, such as by gender, race, reltgton, ethntcity, sex, language, income, age, abthty or sexual onentatton. Unfortunately, these categories are sometimes used to label people unfairly or to saddle them wtth stereotypes. Stereotypes are generalized assumpttons concerning the traits or characteristics of all members of a parttcular group. They are frequently (although not always) negatwe and incorrect n appllcatton. But, Manasin8 Workplace Diversity I Chapter One: Valuta8 Diversity rather a stereotype is positive or negative it is wrong because no one fact applies to all in a group. Ironically, stereotypes discourage closer contact, preventing the perpetrator from discovering what the individual victims of these stereotypes are really hke.15 Stereotypes often form the basis of prejudice, a premature judgment about a group or a member of that group made without sufficient knowledge or thought.]6 We can also develop preJudices towards a whole group based on a single emotional experience with one person. Prejudice demonstrates an unfair bias that does not allow for individual differences, good or bad. It violates the standards of reason, justice, and tolerance. \\ Many of today's prejudices have their roots in thousands of years of human history, such as the institution of slavery in America, the slaughter of European Jews by Christians en route to the Holy Land during the Crusades, and numerous religious wars between Catholics and Protestants. Other biases can be based on media portrayal, personal experiences and influences. A number of sociologists attribute prejudice to modern social problems, Including urban decay and overcrowding, unemployment, and competition between groups.]7 Research suggests that people of lower (but not the lowest) SOClO-economic status or who have lost status are more prejudiced because they seek scapegoats to blame for their misfortune.]8 Backlashes against minority groups are therefore more likely during periods of severe economic downturn and increased unemployment.19 Many of us recognize our own irrational preJudices (they may concern places, foods, Ideas, etc., as well as people) and work to overcome them. In contrast, bigots are those persons who obstinately cling to their preJudices, displaying a degrading attitude towards others to whom they feel superior. Various groups have been and continue to be the victims of bigotry, Including racial, ethnic and religious groups, women, persons with disabilities, transgendered individuals, gays and lesbians amongst others. We are intolerant if we reJect or dislike people because they are different, e.g., of a different religion, different soclo-economlc status, or have a dfferent set of values. When comparing different vs. normal In the United States culture, this has largely been based on white, heterosexual, able-bodied males, the norm against which to judge others. But, as we look around our jobs, our school systems and our communities at large, we wdl find more women, people of color, disabled, homosexuals/gay & lesbians and others that don't fit the Managing Workplace Diversity I Chapter One: Valuing Diversity above norm. It therefore becomes increasingly necessary that our environments acknowledge a different norm that is representative of all groups. Not only must the current norm based upon the dominant culture be altered, but so must our approach to embracing diversity. If not, this can lead to workplace discrimination which refers to the treatment or consideration of, or making a distinction in favor of or against, a person or based on the group, class, or category to which that person belong. It Js much more accurate to judge people on individual merit that may require thinking outside of the box. To think outside of the box of societal norms, let's start with the following myth: MYTH: AMERICA IS A HELTING POT While it may seem easier to have all cultures assJmdate-that is, melt into the dominant culture, this is not a realistic or fair expectation. According to Holly Atkins in the December 2001 article: An American 'tossed salad' Js the appropriate clich she Indicates, the melting pot Is no more.2 Today, many people from diverse backgrounds may blend together but never lose their cultural identity. Therefore, it makes more sense to change our mlndset to the following theory: FACT: AHERICA IS A TOSSED SALAD We are all different (some of us could be cucumbers, some tomatoes, some cheese, etc ) one is not better than the other. But, just like each ingredient looks different and adds a different flavor to the salad, so can a diverse workplace produce a greater product if managed effectively. The race thing about the tossed salad is that as each item Is added it never loses ts identity or flavor. As we begin to value diversity we should not expect those culturally or ethnically different from us to lose their identity or culture--they should not melt into the pot. Assimilation is not the goal in learning to value diversity but rather the goal is to learn to have an inclusive workplace where every person is valued for who they are.21 Once we see that difference is not good or bad, it is just different then we can begin to understand that a salad with just lettuce would seem bland next to a salad with lettuce, cucumbers, tomatoes, olives etc. Requiring everyone to be just alike would cause America to be "bland." You know what they say: diversity adds spice to life. With diversity comes different types of music, food, customs, thought patterns, dress, etc.., and each of these enriches the U.S. culture and workplace. Managing Workplace Diversity I Chapter One: Valuing Diversity Despite this enrichment, some groups or individuals may find it more beneficial to assimilate rather than to hold onto their unique identity. This is when cabbage may want to change to lettuce. The lettuce may even welcome this assimilation but then we must remember that assimilation is not an overnight process. It usually takes two or more generations for the members of a new group to become sufficiently absorbed into the life of a community so much so that they lose their separate identity.22 This assimilation can be easier and sometimes desirable when those groups assimilating are easily accepted into the group norm and are considered a valuable entity. However, some ethnic groups--mainly those of dark skin colors--never achieve total assimilation. If we are in agreement with the tossed salad theory, total assimilation should no longer even be the expectation. But even still, those of dark skin have had a harder time due to the prejudices that society has exhibited towards people of color. The truth of the matter is where there are obvious differences due to skin color, accents, weight, height many in the U.S. society have more in common than they realize. This common ground supports the notion that while managing workplace diversity may not be simple; it is to the benefit of many. Learning to embrace diversity rather than have others try to fit into the norm or melt into the pot should be the goal of organizations. But, even though we could all stand to benefit from the tossed salad theory the workplace is not yet without prejudices that could easily turn to discrimination. Let's give a warning here, as some of you may be thinking, "Prejudices aren't an issue in today's world, I'm not prejudice." People concerned about and committed to improving inter-group relations must guard against such cliches as'. "I'm not prejudice." Even as you think about the tossed salad theory, I am sure that everyone can think of one item going into that salad that they don't care for due to one reason or another. But, if this does not fit you maybe you find that you like one item on the salad better than others, therefore you have a bias toward one ingredient. Just the same, people can be in general prejudiced for or against other people. However, there are many laws against discriminatory behaviors, but there are none against prejudicial attitudes. However, the good news is if we can learn prejudices we can most certainly unlearn them. This begins with simple concepts and thought, such as viewing the world/workplace as a tossed salad where working together is the order of business. We must also know that of those who maintain their Managin8 Workplace Diversity I Chapter One: Valuin8 Diversity difference, no matter how different, we should not judge this person, hold prejudtces against them but accept who they are. But, we can't get to this step tf we don't fully recognize our preJudices or negatwe ways of thinking about difference. Once we recognize that we do have preconceptions toward others only then can we start to change our biased thoughts to unbiased thoughts. IlZtP.zLOlatina Our Thinkinq How often do we interrogate our thinking? Do we question why we feel the manner in which we do? Is our thinking justified? Is It because of one or a few negative experiences? Wdl my thinking about difference or a particular cultural group negatively impact my work experiences with this group? The following checklist of \\ questions can help us to recognize when we are falling into restrictive patterns of reasoning and to push ourselves beyond these common "traps" (taken from Gentile, M. C. (1995), Ways of Thinking about andacross Difference): What are my thoughts regarding my rights? TRAPS ESCAPE (a better way of thinkinf) Do I believe I have absolute rights without responslbd,ty? Does my thinking reflect a fearfulness or insecurity about inadvertently "gLvlng away" my rights? Does my thinking reflect a security in my own idenbty and an openness to new deas that is born of the awareness that my =denbty Is multiple and dynamic, and that change does not necessarily mean loss? Am I focused only on presemng my own privileges, rather than also understanding my appropriate and necessary responslblhbes to the larger community I inhabit? Am I trying to understand the different costs and benefits associated with differing identities and poslbons in that community, including my own? How do I define myself through my thinking? TRAPS ESCAPE Do I define myself by the ways in which I am different from others, or in terms of "the ways I am not" (i.e., not ignorant, not guilty, not a failure, not weak)' Do I define myself more complexly, recognizing the differing and even conflicting aspects of my own multiple ldenbbes7 Can I admit that I have things m common with the people I most admire as well as with those of whom I am most crlbcal? Managing Workplace Diversity I Chapter One: Valuing Diversity What is my thinking towards individuals that do not belong to my cultural group? TRAP ESCAPE Do I define people by their group identities or associated stereotypes? Do I see feminine men and think they are "gayT" Do I see tall hooded black men and get scared? Do I see White men and assume they do not value others outside their cultural group? I see people as distinct Indwlduals completely free of any group identity determination. Instead of seeing a stereotype, I do not link the mdwtdual to any group but instead take the time to get to know the individual. Do I understand that people can belong to a cultural group without identifying with the stereotypes or dominant characteristics of that group and yet still be a member of that group? What are my "comfort zones" when confronted with differing viewpoints? TRAPS ESCAPES Am I more interested In being "raght" than in learnlng Am I open to, or even appreciative of, Do I present my point of view Jn a way that discourages negative feedback and questioning? Do I embrace dlsconflrming data and mulbple perspectives as an opportumty for learnlng the potential to change one's mind, to see things in a new way7 What is my thinking when X stand to lose "something"? TRAP ESCAPE Do I approach any attempt to improve conditions for some, from a defenswe stance of "as long as it doesn't affect Am I willing to redefine the terms of cost and benefit? Am I wllhng to consider that some aspects of myself may benefit from a choice that costs other aspects of myself? me . . ." ? Managing Workplace Diversity I Chapter One: Valuing Diversity How we think has the capacity to impact our actions. While valuing diversity may seem like a simple concept in theory, it can be at times more difficult to practice. In the workplace, where individuals may have negative thinking or perspectives (as we are all human) tt becomes necessary to understand that there are approaches to diversity that can assist us manage this complexity better. There are three established diversity approaches that can assist us in embracing diversity. Three Approaches to Diversity The rest of the text is broken down based on the three approaches to addressing workplace diversity. In order to embrace diversity and make equal opportunity a reality it is often necessary to understand and utilize all three approaches to diversity in the workplace. The following table explains (in very simple terms) the differences between the three approaches, using reformation from the following source: Beyond Race and Gender: Unleashing the Power of Your Total Work Force by Managing Diversity, author Thomas Roosevelt (1992).23 Table 2: Three Approaches to Diversity Valuing Affirmative Action Differences Emphasis here is on accepting, respecting and understanding differences. Emphasis is on achieving equahty of opportunity. Seeking to include those who were formerly excluded. Corrects recruitment, hlnng, training and promobon tactics that have caused systematized discrimination. Managing Diversity Emphass is on building specific skdls and creating pohcles that get the best from all employees. Necessary for any cultural change and can be ethnically Goals are outlined for achieving a multlcultural workplace. It can be legally driven if a company is in prior violation of driven. discrimination or seeks a government contract. It is often voluntary. Creation of policies that are effective for all employees often tied to rewards and Managing Workplace Diversity I Chapter One: Valuing Diversity In order to determine what approach to use for a given situation, it is necessary to review the factors that are taking place at your organlzabon. Some companies will need to use all three approaches in a comprehensive diversity plan, while other organizations may have addressed certain issues and may need to use only one of the above approaches.23 But no matter which approach is utilized, it is important for managers to understand what ks going on in their workplace and what changes will need to take place in order to address the issue(s) effectively. We begin this discussion of the three approaches with Valuing Differences (Affirmative Action and Managing Diversity will be discussed later in the text) because it is my belief that it ks hard to manage what we don't value. It is very easy to mistreat those things and people that we don't value. Some people mistreat animals simply because they don't value their existence--this person's thinking is negative toward animals and comes out through their actions toward them. This same mindset can extend to individuals. Anthony Carnevale and Susan Carol Stone, authors of The American Mosaic, have emphasized that valuing dwerslty revolves "recogmzmg that other people's standards and values are as vahd as one's own," and note that for most organizabons, valuing diversity requires nothing less than cultural transformation.24 This is an extraordinary task, for tt requires people--especially those of the dominant culture--to let go of their assumptions about the unwersal nghtness of their own values and customary ways of doing things and to become receptive to other cultures.25 Valuing diversity requires respecting, understanding and accepting differences. It does not mean however that you must agree with the difference. But, if you choose to dfsagree, you must still show respect, and seek to understand and accept difference. Respecting diversity starts by first expanding our cultural knowledge of "American history" to the point where It becomes inclusive of all groups that have contributed to our great society. Without this knowledge, it Js easy to beheve the negabve media portrayals and news accounts that plague certain groups of people. It is also easy to believe that Jf I did not learn about these groups' contributions to society dunng my early education then would it be safe to assume "they" provided very httle contribubon. But, history is written by the victor. They can tell the story from their perspective, with only their contributions and m the way that makes them look the best. When history is only presented by the wctor, they have the choice to put their own story on a pedestal and make others seem inferior or absent by simply just not Including their stories or contributions. Managing Workplace Diversity I Chapter One: Valuing Diversity Therefore, without cultural knowledge it becomes easy to believe that only the heroes you learned about contributed to this great country called the United States. Without cultural knowledge, it becomes easy to believe the stereotypes and myths that can often be passed down from one generation to the next--as you may have little to no positive facts to go against these negative viewpoints. Lack of cultural knowledge can also result in a lack of value where we don't treat those who are different with the respect they deserve. It can also lead to a false sense of self if you identify with the "victor" group who has presented their story in a misleading manner. This does not level the playing field and can keep the viewpoint that some are superior while others are inferior due to a lack of knowledge of these cultures. Ultimately, this lack of cultural knowledge can serve to justify inappropriate behavior toward difference which all too often can lead to discrimination In the workplace. Before, we delve into cultural knowl&dge let's get a better definition of what it is and how it and other components contribute to cultural competency. Cultural Knowledge Familiarization with selected cultural characteristics, history, values, belief systems, and behaviors of the members of another ethnic group (Adams, 1995).26 Cultural Awareness Means developing sensitivity and understanding of another ethnic group. This usually involves internal changes in terms of attitudes and values. Awareness and sensitivity also refer to the qualities of openness and flexibility that people develop in relation to others. Cultural awareness must be supplemented with cultural knowledge (Adams, 1995).27 Cultural Sensitivity Is knowing that cultural differences as well as similarities exist, without assigning values, i.e. better or worse, right or wrong, to those cultural differences (National Maternal and Child Health Center on Cultural Competency, 1997).28 I Cultural knowledqe + cultural awareness + cultural sensitivity = Cultural Competence I Cultural Competence Is the set of congruent behaviors, attitudes, and policies that come together in a system, agency or among professionals. It enables that system, agency, orthose professionals to work effectwely in cross-cultural situations (Cross, Bazron, Dennis, & Isaacs, 1989).29 Managing Workplace Diversity I Chapter One: Valuing Diversity Why is Cultural Competence Important? Because without it the following can occur: 1. Lack of knowledge - resulting in an inability to recognize differences. 2. Self-protection/denial - leading to an attitude that these differences are not significant, or that our common humanity transcends our differences. 3. Fear of the unknown or the new - because it is challenging and perhaps intimidating to get to understand something that is new, that does not fit into one's world view. 4. Feeling of pressure due to time constraints - which can lead to feeling rushed and unab4e to look in depth at an individual's needs. Self-awareness is argued to be one of the most important elements in developing effective collaboration with culturally different individuals and communities. It is this commonsense approach that begins the process of understanding how our own perspectives impact how we relate to others. These vital ingredients (cultural knowledge, cultural awareness and cultural sensitivity) are not only paramount to an organization's cultural competence but to our individual cultural competence as they expand our self-awareness. Cultural self-awareness becomes the bridge to learning about other cultures. It seems very difficult to be truly sensitive to another culture until one is sensitive to his/her own culture and the impact that cultural customs, beliefs, values, and behaviors have on our development. A professional's impression of another's functioning style may be influenced by his/her own, sometimes unexamined assumptions. Assumptions are those things we take for granted or accept as truth w;thout proof. Achieving cultural competence means that we may have to step outside our own framework. It may be difficult to see strength in Individual or collective behaviors that reflect different assumptions. At first, It may appear that another person's deficit may be a weakness, when tn fact it may be the strength in their culture. Concluding Thoughts In ths chapter we introduce the term diversity and how achieving workplace diversity has a lot to do with our ability to manage change, be open-minded and think positively about ourselves, circumstances and others. Workplace dtverslty is to be embraced not just regulated by the government through laws. Diversity is Managing Workplace Diversity I Chapter One: Valuing Diversity best managed by understanding the three approaches to diversity and incorporating those aspects needed in organizattons. It is the premise of this text that diversity must first be valued by individuals which comes through cultural knowledge and it is only then that the other two approaches of workplace diversity can best be utilized in organizations. Embracing diversity and all it entails starts with the individual. But, when it comes to dealing with diversity we cannot ignore discrimination and prejudices as... "Prejudice/s a burden that confuses the past, threatens the future and renders the present inaccessible"3 Dr. Maya Angelou Managing Workplace Diversity I Chapter One: Valuing Diversity Chapter Two: Civil Rights Laws m "Being an American is about having the right to be who you are. Sometimes that doesn't happen." -- Herb Ritts Managing Workplace Diverstty I :, , , ,,,Chapter CIVIL RIGHTS LAWS Chapter Objectives \\ After reading this chapter, you should be able to' , know what equal employment laws are and how the EEOC works to enforce them. understand the civil rights laws. know who the protected classes are. understand who the age discrimination laws protect. explain how the workforce can protect the rights of protected classes. clarify what it means to abide by Title VII of the Civil Rights Act of 1964 in the workplace, Managing Workplace Diversity I Civil Rights Laws I Levels of the Law When It comes to the law there are various levels of the law that apply to discrimination. Title VII of the QvJl Rights Act of 1964 provides federal protection to individuals from discrimination and these laws apply to the entire country. Along with the federal law, there are state laws that cover each state and provide protection from discrimination. Each state has the right to include protected classes not covered by the federal laws. For instance, there are currently many states that protect individuals from dlscnmtnation on the basis of sexual orientation. Lastly, there are local laws that govern particular districts. There are many local laws that protect against discrimination on the basis of both sexual orientation and gender identity, two entities that are currently not covered by federal dtscnmlnaton laws. Equal Employment Laws Say We Should Value Diversity The foundation for Equal Employment Opportunity (EEO) Laws can be traced back to the U.S. Constitution. However, significant progress in shaping current laws was made between 1941 and 1991. Executive Orders barring discrimination, passage of the Title VII of the Civil Rtghts Act of 1964 and the Equal Employment Act of 1972 are often cited as the cornerstones for ehmtnatmg employment discriminatton on the federal level. The above laws are enforced by the Equal Employment Opportunity Commission (EEOC). The Commission Is composed of five Commissioners and a General Counsel appointed by the U.S. President and confirmed by the Senate. Commtsstoners are appointed for five-year staggered terms; the General Counsel's term is four years.1 The President designates a Chatr and a Vice-Chatr and the Chatr Is the chief executive officer of the Commtssion.2 The Commission has authority to estabhsh equal employment pohcy and to approve htigation. The General Counsel is responstble for conducting httgatton. The EEOC carries out its enforcement, education and technical assistance activities through 50 field offices servtng every part of the nation. The EEOC is an Independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964.3 In addition, the EEOC enforces the following federal statutes prohibiting employment dlscnmlnatton, including: the Age Discrimination in Employment Act of 1967, Title I of the Americans with Disablhttes Act of 1990, and the Equal Pay Act of 1963.4 The descnpttons following provide a brief summary of these laws. Managing Workplace Diversity I Civil Rights Laws --T----- W EEO Laws Source: EEO Laws and Regulations found at http://www.eeolaw.org/law.html5 Title VII of the Civil Rights Act of 1964 Prohibits employment discrimination because of race, color, sex, national origin, and religion. Prohibits retahatlon for opposing discrimination, filing a complaint, or part,clpating In a related proceeding. Aqe Discrimination in Employment Act of 1967 Prohibits employment discrimlnabon because of age against persons age 40 and older. Prohibits retaliation for opposing age discrimination, filing a complaint, or participating in a related proceeding. This law was amended by the Older Workers Benefit Protection Act which sets minimum criteria that must be satisfied before a wawer of any ADEA right is considered a "knowing and voluntary" waiver. Americans With Disabilities Act of 1990, Titles I and V Prohibits employment discrimination because of: mental and physical disablhtles that substantially limit a major life activity; or having a record of a disability; or being regarded as having a disability. Requires reasonable accommodation of mental and physical disabilities. Equal Pay Act of 1963 Prohibits wage differentials based on sex for jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions in the same establishment ("equal pay for equal work"). Managing Workplace Diversity I Civil Rights Laws The following information: Title VII of the Civil Rights Act of 1964 is reprinted with permission from the U.S. Equal Employment Opportunity Commission and clearly explains what constitutes discrimination according to the previous discussed laws. Title VII of the Civil Riahts Act of 1964*6 Race & Color Discrimination As this Act relates to racial/ethnm groups (White/Caucasian, Black/Afrman American, Astan American, H0spanm/Latino and Native Amerman), it is unlawful to discriminate against any employee or applicant for employment because of his/her race or color in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. It also prohibits discrimination on the basis of an immutable characteristic associated with race, such as skin color, hair texture, or certain facial features. Even though not all members of the race share the same charactenstm, there would still be a violation of Title VII based on the previous elements. Title VII also prohiNts employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII proh0blts both intentional discrimination and neutral job policies that disproportionately exclude minorities and that are not job related. Equal Employment opportumty cannot be demed because of mamage to or association with an indwldual of a different race; membership in or association with ethnm based orgamzatlons or groups; or attendance/partmlpatlon In schools or places of worship generally associated with certain minority groups. Title VII also proNNts discrimination on the basis of a condition, whmh predominantly affects one race, unless the practme is job related and consistent with business necessity. Furthermore, harassment on the basis of race and/or color such as ethnm slurs, racial "jokes," offensive or derogatory comments, or other verbal or physmal conduct based on an indwldual's race or color constitutes unlawful harassment ff the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the indlwdual's work performance. Title VII also states that when you isolate employees on the basis of race or color from other employees or from customer contact this Is a violation. It also prohiNts assigning mostly people of color to predominantly minority estabhshments or geographic areas. It Is also illegal to exclude minorities from certain positions or to group or categorize Managing Workplace Diversity I Civil Rights Laws employees or jobs so that minorities generally hold certain jobs. Coding applications/resumes to designate an applicant's race, by either an employer or employment agency, constitutes evidence of discrimination where mlnonttes are excluded from employment or from certain positions. As it relates to color dtscnminatton ths dtscnmmatton while categorized with race is slightly different. This slowly emerging form of workplace dtscnmination is based on color or skin tone. The unlawful conduct is predicated not on a person's specific race or nationality, but on the shade of his or her skin, often involving disputes between people of the same race and among mdwiduats who act on cultural biases based on whether a person's skin tone is lighter or darker. Vice-Chair Naomt Earp of the Equal Employment Opportunity Commtssion told a meeting of the American Bar Association that "colorlsm" represents a potential emerging trend in workplace discrimination claims. Color claims over the past year have risen from 1,400 in fiscal year 2002 to 1,555 in fiscal year 2003, Ms. Earp reported. She noted the increase may signal a trend attributable, in part, to the changing demographics of the American workplace, as more claims of colorism are included along wtth charges of race discnmtnatlon - the most prevalent charge year after year -- under Title VII of the 1964 Ciwl RtghtsAct. Complaints of color dtscnmtnation go both ways, although more complaints are brought by mdwtduals with darker skin than those wtth hghter skin. Ms. Earp reported the majority of charges alleging color discrimination were brought tn the EEOC dtstnct offices m the cities of New York, Boston, Mlamt, Chicago, and Houston. She observed that color dtscrimtnation is inherent in some cultures, such as in India, Paktstan, and South America. As the United States becomes more culturally and ethnically dwerse, awareness of colorism issues grow tn importance, Ms. Earp emphastzed. Sktn tone btas is not unique among people of color; whites also can equate darker skin with a "negatwe cultural stereotype." Yet, there is a great deal of uncertatnty over whether dtscnmtnatton based on skin tone ts even illegal, although the EEOC clearly takes the position it is. In August, 2003, the EEOC's Atlanta district office announced a $40,000 settlement tn a "black on black" dtscrimtnatton case against a franchisee of a large restaurant chain. The plalnttff was a dark sktnned male waiter at the restaurant in Georgia when a light skinned black man began working as the general manager. The manager almost tmmediately began harassing the platntlff, conttnuously Manasin8 Workplace Diversity I Civil Rishts Laws making offensive and embarrassing comments about the dark color of his skin, the EEOC said in its complaint. Co-workers and some customers witnessed the harassment, the EEOC said. Despite the plaintiff's protests, the harassment continued, and the plaintiff eventually threatened to call corporate headquarters. Shortly thereafter, he received the first of four written reprimands for "minor" offenses, EEOC said, followed by his firing. Although the plaintiff did call the restaurant chain's hotline to complain about his treatment before being terminated, allegedly he got no response to his call. Beyond the monetary settlement in which the employer admitted no wrongdoing, the restaurant agreed to proviae anti-discrimination training to its employees and to report any complaints at its Georgia restaurants directly to the EEOC. The restaurant also added a written policy prohibiting discrimination based on color. Shortly after the restaurant case settlement, a federal judge in New York ruled that an African American employee (who was fired after a darker skinned supervisor allegedly branded her a white "wannabe,") can pursue a race discrimination law suit against her employer. However, despite these and other cases in recent years, claims of color discrimination still represent a very small amount of total employment complaints. The EEOC received 1,382 charges of color bias in 2002, representing just 2% of all agency claims. Back in 1987, the EEOC received only 459 complaints of color discrimination. By 1999, color bias charges were up to 1,304, and they have held steady ever since. Although the most typical scenario of color discrimination involves lighter skinned African Americans discriminating against darker skinned African Americans, color bias cases also have been brought within other groups, including Native Americans and Arabs. National Origin Discrimination No one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Equal employment cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic groups, attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group. Managing Workplace Diversity I Civil Rights Laws A rule requiring employees to speak only English at all times on the job may volate Title VII, unless an employer shows it is necessary for conducting business, if an employer believes the Enghsh-only rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule. Any negative employment decision based on breaking the English-only rule will be considered evidence of discrimination if the employer did not tell employees of the rule. Furthermore, an employer must show a legitimate nondiscriminatory reason for the denial of employment opportunity because of an individual's accent or manner of speaking. Inveshgatlons will focus on the qualifications of the person and whether his or her accent or manner of speaking had a detrimental effect on job performance. Requiring employees or applicants to be fluent in English may violate Title VII if the rule is adopted to exclude individuals of a particular national origin and is not related to job performance. In addition, an ethnic slur or other verbal or physical conduct because of an individual's nationality constitute harassment if they create an intumidatlng, hostile or offensive working environment that unreasonably interferes with work performance or negatwely affects an individual's employment opportunities. Title VII also covers immigration-related practices that may be discriminatory. The Immigration Reform and Control Act of 1986 (IRCA) requires employers to prove all employees hired after November 6, 1986, are legally authorized to work in the United States. IRCA also prohibits discrimination based on national origin or citizenship. An employer who singles out individuals of a particular national origin or Jndwlduals who appear to be foreign to provide employment verification may have violated both IRCA and Title VII. Employers who impose citizenship requirements or give preference to U.S. citizens in hiring or employment opportunibes may have wolated IRCA, unless these are legal or contractual requirements for particular jobs. Employers also may have violated Title VII if a requirement or preference has the purpose or effect of discriminating against individuals of a particular national origin. Sex Discrimination Sex discrimination ts discrimination based on the birth sex of male or female. Therefore, protection is provided to being born and identifying with your birth sex. As modern society has made clear and you will read further in the text, women have the ability to perform with equal skill and success in every endeavor engaged in by men -- including employment, athlebcs, academics and polibcs. Yet Managing Workplace Diversity I Civil Rights Laws discrimination on the basis of sex used against women has a long history in the United States, and its enduring effects still function to keep women's salaries lower and opportunities fewer in the employment realm. Although less common, men too can be subjected to unlawful sex discrimination. No matter what form sexual discrimination takes -- unequal pay, discriminatory job standards, or failure to promote -- federal law prohibits discrimination on the basis of sex. But what about protections for those people, who don't identify with their birth sex, are they too protected under sex discrimination? The appropriate term for this is gender identity. Gender identity is when you don't identify with your birth sex and as of the writing of this text gender identity is not a federally protected class like race and sex. However, the Equal Employment Oppounity Commission (EEOC) takes the position that it will entertain charges of discrimination asserting gender ident'ty discrimination and retaliation claims on the basis that such complaints are cognizable under the sex discrimination prohibition of Title VII of the Civil Rights Act of 1964. Relying on the Supreme Court's decision in Price Waterhouse v. Hopkins (1989), the EEOC has reasoned that the term "sex" in Title VII encompasses both the biological differences between men and women, and gender. Thus, Title VII's prohibition on sex discrimination also proscribes gender discrRmlnation or sex stereotyping, which can be defined as any time an employer treats an employee differently for failing to conform to any gender-based expectattons. For instance, in Veretto v. U.S. Postal Service (2011), the charging party alleged that a coworker contmuously made derogatory remarks about his sexual orientation and attacked him after learning that he intended to marry his male partner. The Postal Service ("the Agency") dismissed the complaint on the ground that sexual orientation discrimination is not prohibited by Title VII. However, this dectsion was reversed, ruling that the EEOC has jurisdiction under a sexual stereotyping theory to investigate whether the claim has merit. The EEOC found that the charging party had sufficiently alleged a plausible sex stereotyping case where the coworker's attack was motivated by the sexual stereotyping that a man should marry a woman. The EEOC will also consider discrimination against an individual because that person is transgender (a term referring to when one's gender and sex are not always or ever equivalent and often used as a referrant to the person themselves) due to sex which is in violation of Title VII. This is also known as gender identity discrimination. In addition, lesbian, gay, and bisexual individuals may bring sex dlscriminabon claims. These may include, for example, allegations of sexual harassment or other kinds of sex discrimination, such as adverse actions taken because of the person's non-conformance with sex-stereotypes. Title VII's broad prohlblbons against sex discrimination specifically cover: Managing Workplace Diversity I CIvd Rights Laws . Sexual Harassment which includes practices ranging from direct requests for sexual favors to workplace conditions that, create a hostile environment for persons of either gender. Pregnancy Based Discrimination which includes pregnancy, childbirth, and related medical conditions and must be treated in the same way as other temporary illnesses or conditions. Sexual Harassment There are basically two requirements for sexual harassment to be prevalent, unwelcome conduct and incident's of a sexual nature. Unwelcome Conduct This conduct is unsolicited meaning the victim has done nothing to recite it and the victim views the conduct as undesirable or offensive. By undesirable, the courts have declared that there is a clear distinction between conduct that is voluntary and that which is unwelcome. A central inquiry of Investigations should be whether the alleged harassing activity was unwelcome rather than involuntary and how the parties should have known that. A party may voluntarily be involved in sexual acts even though they don't want to be, solely out of fear of losing their job. This would be an example of unwelcome behavior. Sexual Nature Some common examples of sexually harassing conduct that's of a sexual nature are: o o o o o Sexual propositions Comments on the sexual areas of a body Dirty pictures or jokes of nude or sexually suggestive individuals Sexually oriented cartoons Other physical or verbal conduct The requtrement can also be fulfilled through nonsexual verbal and physical behavior caused by the gender of the mdwidual being harassed. An example of this is In the case of Hall v. Leus Construction Company (1993), here three female plaintiffs were subjected to conduct designed to make their work life difficult and to let them know that women were not welcome on the job site. A few of these acts were as follows: the men involved in the suit urinated in the gas tank of one of the plaintiffs car, they had locked the door of the restroom at the job site and had refused to stop on the road so the plaintiff could go to the Manasing Workplace Diversity I Civd Rights Laws bathroom letting a dangerous condition persist in the plaintiff's truck untd a male employee needed to stop to use the restroom. While these acts were not sexual comments or nude displays, they were stdl sexual m nature because they were based upon the sex of the victim. When someone has a potential sexual harassment case, there are two ways to make the claim: 1) Quid Pro Quo 2) Hostile Environment Quid Pro Quo This claim requires showing of unwelcome actiyity of a sexual nature un exchange for tangible job benefits ("this for that") or it is also the loss of tangible job benefits owing to the rejection of such activity. This is fundamentally, an abuse of supervisory power. To establish quid pro quo sexual harassment It is necessary to prove: 1. The person was a member of a protected class (group named in a law as protected from discrimination.) Some protected classes include race, gender, age and religion. 2. The person was subjected to unwelcome harassment. 3. The harassment was based on sex. 4. The person's reaction to the harassment affected tangible aspects of her or his compensation, terms, conditions, or pnvdeges of employment. Hostde Environment This claim requires showing of frequent, nontnvlal acts of a sexual nature that have created the effect of a hostile, offensive or intimidating working atmosphere. No money damages are required to be shown. To prove this, it is necessary to show the following: 1. The harassment was unwelcome. 2. The harassment was based on membership m a protected class. 3. The harassment was sufficiently severe or pervasive to create an abusive working environment. Managing Workplace Diversity I Civil Rights Laws 4. The employer had actual knowledge or constructive knowledge of the environment but took no prompt and remedial action. The Supreme Court has set two conditions as the standard for evaluating whether or not a working environment is"hostile": 1. A reasonable person* would find the environment hostile or abusive. 2. The victim subjectively perceives the environment to be abusive. *In its decision on hostile environment sexual harassment cases, the Supreme Court has not directly addressed the question of whose viewpoint should be used in assessing the work environment. The Court has not ruled that decisions should be made from the perspective of the victim or the accused. Instead, they have the used the reasonable person viewpoint. Men & Sexual Harassment According to Julie Crane, a California Attorney at Law, more men are suing for sexual harassment. Based on cases taken to trial there have been situations where male employees cite sexual harassment because their male co-workers use vulgar language constantly, make lewd jokes and sometimes teasingly grab at their genitals. While this may sound like the kind of horseplay that goes on in a typical high school locker room, as a manager be assured that you can not just chose to ignore it. This employee who is the victim of this behavior could (as some have done) file a claim for sexual harassment with the Equal Employment Opportunity Commission (EEOC), and if he is as successful as the claimants in one recent case, he could receive a settlement of $500,000. The EEOC in the year 2000 stated that men filed 13.5 percent of all the sexual harassment claims, twice as many as they filed in 1992. The majority of these charges involve harassment by other men. Pregnancy Discrimination The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. It states that women affected by pregnancy or related conditions Managing Workplace Diversity I Civil Rights Laws must be treated in the same manner as other applicants or employees with similar abilities or limitations. An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she Is able to perform the major functions of her job. An employer cannot refuse to hire her because of its prejudices against pregnant workers or the preJudices of co-workers, clients or customers. An employer may not also single out pregnancy related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. In addition, pregnant employees must be permitted to work as long as they are able to perform their jobs. Employers must hold open a job for the same length of time for a pregnancy related absence as jobs are held open for employees on sick or disability leave. Religious Discrimination Title VII prohibits employers from discriminating against individuals because of their religion In hiring, firing, and other terms and conditions of employment. The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless to do so would create an undue hardship upon the employer. Flexible scheduling, voluntary substitutions or swaps, job reassignments and lateral transfer are examples of accommodating an employee's religious beliefs. Employers cannot schedule examinations or other selection activities in conflict with a current or prospective employee's religious needs, inquire about an applicant's future availability at certain times, maintain a restrictive dress code, or refuse to allow observance of a Sabbath or religious holiday, unless the employer can prove that not doing so would cause an undue hardship. An employer can claim undue hardship when accommodating an employee's rehglous practices if allowing such practices requires more than ordinary administrative costs. Undue hardship also may be shown if changing a bona fide seniority system to accommodate one employee's religious practices denies another employee the job or shift preference guaranteed by the seniority system. An employee whose religious practices prohibit payment of union dues to a labor organization cannot be required to pay the dues, but may pay an equal Managing Workplace Diversity I Civil Rights Laws sum to a charitable organization. Mandatory "new age" training programs, designed to improve employee motwatJon, cooperation or producbvity through meditation, yoga, biofeedback or other practices, may conflict with the nondiscriminatory provisions of Title VII. Employers must accommodate any employee who gwes notice that these programs are inconsistent with the employee's religious beliefs, whether or not the employer believes there is a religious basis for the employee's objection, As you have seen Title VII guarantees protection against discrimination in employment on the basis of race and ethmcity, color, religion, sex and national origin. It then was later amended to include dlsabdity. When the first civd rights bill to follow the U.S. cwd war was debated in Congress, it was criticized for granting "special rights" to AffiX:an Amer