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Legal Basics for Supervisors

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1 Legal Basics for Supervisors
Diversity Legal Basics for Supervisors Slide Show Notes As the American workforce reflects an increasingly diverse population, organizations like ours must effectively manage diversity in order to attract and retain high-quality employees and create a more cooperative, creative, productive work environment. To get the most from employees of diverse backgrounds, you must demonstrate and encourage respect for all employees’ abilities and perspectives. Today you will learn how to engage a diverse workforce, promote our diversity policy, and avoid workplace discrimination and harassment based on diversity.

2 Legal Overview Although there are no laws or regulations mandating workplace diversity programs, there are numerous fair employment laws that prohibit employment discrimination and harassment. The Equal Employment Opportunity (EEO) laws essentially serve as gatekeepers, the gateway to diversity in the workplace. Specifically, these laws operate to prevent employers from implementing or maintaining hiring and other employment practices that may block diversity from the workplace “door.”

3 Relevant federal EEO laws include:
Title VII of the Civil Rights Act of 1964 generally prohibits employers with 15 or more employees from committing discrimination in employment on the basis of an individual’s race, color, religion, sex, or national origin, unless it is a bona fide occupational qualification (BFOQ), meaning a particular characteristic (religion, sex, or national origin) is absolutely necessary in order to perform the job (e.g., an actor must be male in order to play a male lead character in a movie). Title VII also prohibits using selection practices that have a disproportionate and negative impact on a group of individuals because of race, color, religion, sex, or national origin.

4 Relevant federal EEO laws include:
The Age Discrimination in Employment Act of 1967 generally prohibits employers with 20 or more employees from discrimination in employment based on age, unless age is a BFOQ. Individuals that are aged 40 and over are protected by this law.

5 Relevant federal EEO laws include:
The Americans with Disabilities Act of 1990 generally prohibits employers with 15 or more employees from discrimination in employment based on disability. You must reasonably accommodate any otherwise qualified and disabled person, unless an undue hardship can be demonstrated. Undue hardship generally means that a reasonable accommodation would require significant difficulty or expense in light of the employer’s financial resources, size, and/or location of operations, etc.

6 Relevant federal EEO laws include:
The Rehabilitation Act of 1973 prohibits the federal government from discriminating against qualified and disabled individuals in employment. The Equal Pay Act of 1963 generally prohibits you from using or implementing discriminatory pay practices on the basis of gender.

7 Session Objectives Identify how we are diverse
Understand the challenges and opportunities of workplace diversity Avoid legal problems Slide Show Notes The objective of this training session is to help you encourage and support diversity in our organization. At the end of the training session you will be able to: Identify how we are diverse Understand the challenges and opportunities of workplace diversity Avoid legal problems Follow company policy At the end of this session, you’ll take a short quiz to test your understanding.

8 Session Outline What workplace diversity means
How it impacts our organization Discrimination and diversity Myths and realities about diversity Ways to make diversity work Slide Show Notes We’ll discuss: What workplace diversity means How it impacts our organization and our employees Discrimination and harassment issues associated with diversity Our company’s diversity policy Myths and realities about diversity Ways to make diversity work Feel free to ask questions during the presentation if anything is unclear or needs further explanation.

9 Facts About Diversity Today’s American workforce The workforce in 2020
Slide Show Notes Let’s begin by looking at some interesting statistics and projections concerning workplace diversity. We’ll begin by focusing on the American workforce as it is now. Figures from the most recent U.S. census show that almost a third of the workforce is currently made up of minorities, more than 10% is made up of people aged 55 or over, and almost half is made up of women. That’s quite a diversity. The Census Bureau estimates that in 2020 minorities will make up over 40% of the workforce, and older workers will account for a larger percentage. By 2050, the U.S. Bureau of Labor Statistics projects that minorities will approach 50% of the American workforce, and the number of workers age 55 and older will jump to almost 20%.

10 Facts About Diversity We’ll begin by focusing on the American workforce as it is now. Figures from the most recent U.S. census show that almost a third of the workforce is currently made up of minorities, more than 10% is made up of people aged 55 or over, and almost half is made up of women. That’s quite a diversity. Slide Show Notes Let’s begin by looking at some interesting statistics and projections concerning workplace diversity. We’ll begin by focusing on the American workforce as it is now. Figures from the most recent U.S. census show that almost a third of the workforce is currently made up of minorities, more than 10% is made up of people aged 55 or over, and almost half is made up of women. That’s quite a diversity. The Census Bureau estimates that in 2020 minorities will make up over 40% of the workforce, and older workers will account for a larger percentage. By 2050, the U.S. Bureau of Labor Statistics projects that minorities will approach 50% of the American workforce, and the number of workers age 55 and older will jump to almost 20%.

11 Facts About Diversity By 2050, the U.S. Bureau of Labor Statistics projects that minorities will approach 50% of the American workforce, and the number of workers age 55 and older will jump to almost 20%. Slide Show Notes Let’s begin by looking at some interesting statistics and projections concerning workplace diversity. We’ll begin by focusing on the American workforce as it is now. Figures from the most recent U.S. census show that almost a third of the workforce is currently made up of minorities, more than 10% is made up of people aged 55 or over, and almost half is made up of women. That’s quite a diversity. The Census Bureau estimates that in 2020 minorities will make up over 40% of the workforce, and older workers will account for a larger percentage. By 2050, the U.S. Bureau of Labor Statistics projects that minorities will approach 50% of the American workforce, and the number of workers age 55 and older will jump to almost 20%.

12 Facts About Diversity As the American workforce reflects an increasingly diverse population, organizations like ours must effectively manage diversity in order to attract and retain high-quality employees and create a more cooperative, creative, productive work environment. To get the most from employees of diverse backgrounds, you must demonstrate and encourage respect for all employees’ abilities and perspectives. Slide Show Notes Let’s begin by looking at some interesting statistics and projections concerning workplace diversity. We’ll begin by focusing on the American workforce as it is now. Figures from the most recent U.S. census show that almost a third of the workforce is currently made up of minorities, more than 10% is made up of people aged 55 or over, and almost half is made up of women. That’s quite a diversity. The Census Bureau estimates that in 2020 minorities will make up over 40% of the workforce, and older workers will account for a larger percentage. By 2050, the U.S. Bureau of Labor Statistics projects that minorities will approach 50% of the American workforce, and the number of workers age 55 and older will jump to almost 20%.

13 How Are We Diverse? Race Gender Age Education Cultural background
Physical abilities Slide Show Notes We are diverse in many ways. Race is the common identifier when talking about minorities, but even people of the same race can be very different from one another. Gender is also often referred to with diversity, but again, not all men nor all women are alike. Age is an ever-shifting demographic. As long as employees stay in the workforce, they will eventually hit every age demographic. Education needs to be weighed with experience on the job. Cultural background includes holiday celebrations, languages spoken in the home or by older relatives, and interactions between young people and elders. Physical abilities and disabilities include obvious talents or impairments as well as hidden talents or learning disabilities. Lead a discussion about overcoming reactions to superficial differences in a diverse workforce—for example, styles of dress, accents, etc. Ask trainees for examples of such differences with their own employees. Encourage them to explain what they expected, based on those differences, and what they learned once they got to know the individuals. Discuss the need to avoid making assumptions about people based on how they look or sound so that you can make the most of their talents and abilities.

14 We are diverse in many ways.
Race is the common identifier when talking about minorities, but even people of the same race can be very different from one another. Gender is also often referred to with diversity, but again, not all men nor all women are alike. Age is an ever-shifting demographic. As long as employees stay in the workforce, they will eventually hit every age demographic. Education needs to be weighed with experience on the job. Cultural background includes holiday celebrations, languages spoken in the home or by older relatives, and interactions between young people and elders. Physical abilities and disabilities include obvious talents or impairments as well as hidden talents or learning disabilities.

15 Your Diversity History
Parents Teachers Peers Media Slide Show Notes We all have our own diversity histories based on our past experience and upbringing. Parents are the number one influence on children. What messages did your parents send directly or indirectly about people who are different? Teachers, whether in school, at church, in clubs, in the gym, or on the playing field, also influence the way kids think during their formative years. Peers become more and more of an influence as kids grow into their teen years. What messages did you receive from your “crowd”? Media continue to influence us all our lives no matter if it’s newspapers and magazines, radio, television, movies, or advertisements. Share your own diversity history with trainees. Talk about what messages you received about people who are different and from whom you received those messages. Ask trainees to comment and share their own histories.

16 Your Diversity History
We all have our own diversity histories based on our past experience and upbringing. Parents are the number one influence on children. What messages did your parents send directly or indirectly about people who are different? Teachers, whether in school, at church, in clubs, in the gym, or on the playing field, also influence the way kids think during their formative years. Peers become more and more of an influence as kids grow into their teen years. What messages did you receive from your “crowd”? Media continue to influence us all our lives, no matter if it’s newspapers and magazines, radio, television, movies, or advertisements.

17 Challenges Getting used to differences Coordinating work styles
Learning to communicate Developing flexibility Adapting to change Slide Show Notes Diversity in the workforce presents several challenges. Employees need to be able to get used to interacting and working with people who behave or work differently from them or from what they’re used to. The first step is to encourage them to realize that different is a neutral term. It doesn’t mean better or worse—it just means different. Once differences are accepted, it’s a matter of coordinating working styles. This task requires constant and effective communication. Learning to communicate across cultural and language differences is a big challenge for everyone. Teach positive communication skills and encourage employees to be open to new ideas. To be productive in a diverse environment, employees need to be flexible and willing to try different, perhaps unfamiliar, approaches. Being able to adapt to change is another challenge that diversity presents. Everyone needs to keep an open mind on the job and look at every change as a chance to do the job better. Ask trainees to discuss how workforce diversity is impacting their work groups. Ask for examples of challenging situations in which growing diversity has caused tension and problems. For example, teams that failed to meet goals or experienced conflict and dissension because diverse members viewed differences as barriers, rather than as opportunities.

18 Challenges Diversity in the workforce presents several challenges.
Employees need to be able to get used to interacting and working with people who behave or work differently from them or from what they’re used to. The first step is to encourage them to realize that different is a neutral term. It doesn’t mean better or worse—it just means different. Once differences are accepted, it’s a matter of coordinating working styles. This task requires constant and effective communication. Learning to communicate across cultural and language differences is a big challenge for everyone. Teach positive communication skills and encourage employees to be open to new ideas.

19 Challenges To be productive in a diverse environment, employees need to be flexible and willing to try different, perhaps unfamiliar, approaches. Being able to adapt to change is another challenge that diversity presents. Everyone needs to keep an open mind on the job and look at every change as a chance to do the job better.

20 Opportunities Attracts and keeps quality employees
Increases employee morale Maximizes productivity Reduces costly discrimination suits Improves decision-making Raises company profile Slide Show Notes Along with challenges, diversity offers numerous opportunities. Creating a welcoming and diverse workplace where all employees feel empowered and supported in their career goals is the best way to attract quality employees—and the best way to keep them. A diverse workplace also benefits the bottom line by enhancing employee morale. When employees feel and see that diversity is appreciated and promoted in the workplace, they generally feel better about their jobs and their employers, consequently driving productivity, sales, and service standards upward. A smoothly functioning diverse workforce maximizes productivity, as everyone contributes to the best of his or her abilities. Accepting and encouraging diversity avoids discrimination and the costly lawsuits that might accompany it. We’ll talk more about that in a few minutes. The saying goes that there is great wisdom in the counsel of many. This is true in the business world as much as anywhere. Having a variety of opinions improves the decision-making process because issues are considered from many different angles. Gaining a reputation as a fair and equitable place to work will raise our company’s profile in the business community—and the marketplace.

21 Opportunities Along with challenges, diversity offers numerous opportunities. Creating a welcoming and diverse workplace where all employees feel empowered and supported in their career goals is the best way to attract quality employees—and the best way to keep them. Slide Show Notes Along with challenges, diversity offers numerous opportunities. Creating a welcoming and diverse workplace where all employees feel empowered and supported in their career goals is the best way to attract quality employees—and the best way to keep them. A diverse workplace also benefits the bottom line by enhancing employee morale. When employees feel and see that diversity is appreciated and promoted in the workplace, they generally feel better about their jobs and their employers, consequently driving productivity, sales, and service standards upward. A smoothly functioning diverse workforce maximizes productivity, as everyone contributes to the best of his or her abilities. Accepting and encouraging diversity avoids discrimination and the costly lawsuits that might accompany it. We’ll talk more about that in a few minutes. The saying goes that there is great wisdom in the counsel of many. This is true in the business world as much as anywhere. Having a variety of opinions improves the decision-making process because issues are considered from many different angles. Gaining a reputation as a fair and equitable place to work will raise our company’s profile in the business community—and the marketplace.

22 Opportunities A diverse workplace also benefits the bottom line by enhancing employee morale. When employees feel and see that diversity is appreciated and promoted in the workplace, they generally feel better about their jobs and their employers, consequently driving productivity and service standards upward. Slide Show Notes Along with challenges, diversity offers numerous opportunities. Creating a welcoming and diverse workplace where all employees feel empowered and supported in their career goals is the best way to attract quality employees—and the best way to keep them. A diverse workplace also benefits the bottom line by enhancing employee morale. When employees feel and see that diversity is appreciated and promoted in the workplace, they generally feel better about their jobs and their employers, consequently driving productivity, sales, and service standards upward. A smoothly functioning diverse workforce maximizes productivity, as everyone contributes to the best of his or her abilities. Accepting and encouraging diversity avoids discrimination and the costly lawsuits that might accompany it. We’ll talk more about that in a few minutes. The saying goes that there is great wisdom in the counsel of many. This is true in the business world as much as anywhere. Having a variety of opinions improves the decision-making process because issues are considered from many different angles. Gaining a reputation as a fair and equitable place to work will raise our company’s profile in the business community—and the marketplace.

23 Opportunities A smoothly functioning diverse workforce maximizes productivity, as everyone contributes to the best of his or her abilities. Accepting and encouraging diversity avoids discrimination and the costly lawsuits that might accompany it. We’ll talk more about that in a few minutes. Slide Show Notes Along with challenges, diversity offers numerous opportunities. Creating a welcoming and diverse workplace where all employees feel empowered and supported in their career goals is the best way to attract quality employees—and the best way to keep them. A diverse workplace also benefits the bottom line by enhancing employee morale. When employees feel and see that diversity is appreciated and promoted in the workplace, they generally feel better about their jobs and their employers, consequently driving productivity, sales, and service standards upward. A smoothly functioning diverse workforce maximizes productivity, as everyone contributes to the best of his or her abilities. Accepting and encouraging diversity avoids discrimination and the costly lawsuits that might accompany it. We’ll talk more about that in a few minutes. The saying goes that there is great wisdom in the counsel of many. This is true in the business world as much as anywhere. Having a variety of opinions improves the decision-making process because issues are considered from many different angles. Gaining a reputation as a fair and equitable place to work will raise our company’s profile in the business community—and the marketplace.

24 Opportunities The saying goes that there is great wisdom in the counsel of many. This is true in the business world as much as anywhere. Having a variety of opinions improves the decision-making process because issues are considered from many different angles. Gaining a reputation as a fair and equitable place to work will raise MVAC’s profile in the business community.

25 Discrimination and Diversity
Unequal opportunity in employment decisions: Recruitment, hiring, and firing Pay and benefits Promotions, transfers, layoffs Training and apprenticeships Retirement plans and disability leave Slide Show Notes What is discrimination in the context of a diverse workplace? It is illegal to discriminate in any aspect of employment, including: Recruitment, hiring, and firing Pay and benefits Promotions, transfers, and layoffs Training and apprenticeships Retirement plans and disability leave

26 Discrimination and Diversity
What is discrimination in the context of a diverse workplace? It is illegal to discriminate in any aspect of employment, including: Recruitment, hiring, and firing Pay and benefits Promotions, transfers, and layoffs Training and apprenticeships Retirement plans and disability leave

27 Harassment and Diversity
Slurs or “jokes” Segregation from others Stereotyping Unwelcome sexual advances Derogatory comments regarding a co-worker’s culture or religion Slide Show Notes What is harassment in the context of a diverse workplace? Harassment includes slurs or “jokes, ” offensive comments, or other verbal or physical conduct based on an employee’s race, national origin, religion, sex, or age. Such harassment is illegal if it creates an intimidating, hostile, or offensive work environment, or interferes with a person’s work performance. Segregating employees of a certain race, color, national origin, religion, sex, or age from other employees or from the public is unlawful. Stereotyping employees’ abilities, traits, and aptitudes on the basis of these characteristics is also prohibited. Doing so may result in excluding minorities from certain types of jobs. Unwanted and unwelcome sexual advances or sexual contact, or requests for sexual favors are all forms of sexual harassment. All aspects of religious or cultural practices and observances are protected. Sincerely held moral and ethical beliefs of a “religious” nature are also covered. The person does not have to be a member of a recognized religion, religious group, or organization.

28 Harassment and Diversity
What is harassment in the context of a diverse workplace? Harassment includes slurs or “jokes, ” offensive comments, or other verbal or physical conduct based on an employee’s race, national origin, religion, sex, or age. Such harassment is illegal if it creates an intimidating, hostile, or offensive work environment, or interferes with a person’s work performance. Segregating employees of a certain race, color, national origin, religion, sex, or age from other employees or from the public is unlawful.

29 Harassment and Diversity
Stereotyping employees’ abilities, traits, and aptitudes on the basis of these characteristics is also prohibited. Doing so may result in excluding minorities from certain types of jobs. Unwanted and unwelcome sexual advances or sexual contact, or requests for sexual favors are all forms of sexual harassment. All aspects of religious or cultural practices and observances are protected. Sincerely held moral and ethical beliefs of a “religious” nature are also covered. The person does not have to be a member of a recognized religion, religious group, or organization.

30 Who’s Diverse? Tiger Woods Jennifer Lopez Russell Crowe
Barbra Streisand Condoleeza Rice Michael J. Fox Slide Show Notes Who’s diverse? We all are, really. Think about these famous people, for instance. Tiger Woods—Asian, black, male, 20-something, golfer Jennifer Lopez—Hispanic, female, 30-something singer/actor Russell Crowe—White, male, Australian, over the age of 40, actor Barbra Streisand—White, female, Jewish, over the age of 40, singer and actor Condoleeza Rice—Black, female, over the age of 40, professor and politician Michael J. Fox—White, male, has Parkinson’s disease, over the age of 40, actor and advocate Ask trainees to name some other famous people who have been in the news, sports, or entertainment reports lately. Discuss how these people represent diversity.

31 Who’s Diverse? Who’s diverse? We all are, really. Think about these famous people, for instance. Tiger Woods—Asian, black, male, 20-something, golfer Jennifer Lopez—Hispanic, female, 30-something singer/actor Russell Crowe—White, male, Australian, over the age of 40, actor Barbra Streisand—White, female, Jewish, over the age of 40, singer and actor Condoleeza Rice—Black, female, over the age of 40, professor and politician Michael J. Fox—White, male, has Parkinson’s disease, over the age of 40, actor and advocate

32 Myth or Reality? There is one best-qualified person for each job
People of the same minority group naturally get along better with one another than with those of different groups Diversity programs benefit only minorities Slide Show Notes Here are some classic myths about diversity. It is a myth that there is one best-qualified person for every job. People bring different skills and talents to work, and there may be several candidates with the right combination to perform the job well. People of a minority group do not necessarily relate to one another better than they relate to people of a majority group. Diversity exists within every group regardless of skin color, gender, or age. Diversity programs do include white males. These programs are intended to treat everyone in the workplace fairly and equally. Ask trainees to suggest some other myths about diversity.

33 Myth or Reality? Here are some classic myths about diversity.
There is one best-qualified person for each job. It is a myth that there is one best-qualified person for every job. People bring different skills and talents to work, and there may be several candidates with the right combination to perform the job well. People of the same minority group naturally get along better with one another than with those of different groups People of a minority group do not necessarily relate to one another better than they relate to people of a majority group. Diversity exists within every group regardless of skin color, gender, or age. Diversity programs benefit only minorities Diversity programs do include white males. These programs are intended to treat everyone in the workplace fairly and equally.

34 Making Diversity Work Let’s conclude our session on diversity by discussing several specific steps we can take to maximize the benefits of our diverse workforce. Learn the names of your co-workers and others with whom you conduct business. Use them frequently when you work together to give a personal touch that shows you recognize everyone’s individuality. When time permits, show interest in your co-workers beyond the job at hand. Ask about cultural celebrations or traditions.

35 Making Diversity Work Never assume stereotypes about specific groups of people. You wouldn’t appreciate co-workers assuming something about you. Use discussion guidelines at meetings to keep on topic and avoid potentially exclusive behavior that keeps minorities out of the discussion. Avoid personal comments of a derogatory nature. Supervisors need to deal with any personal attacks they witness or have reported to them immediately.

36 Making Diversity Work When you must discuss controversial issues in the workplace, approach the topic in a general way; don’t relate it to particular individuals. Make sure you and all employees treat males and females equally and give them equal opportunities. Avoid sexist comments to either gender. Slide Show Notes When you must discuss controversial issues in the workplace, approach the topic in a general way; don’t relate it to particular individuals. Make sure you and all employees treat males and females equally and give them equal opportunities. Avoid sexist comments to either gender. Don’t assume the identity or racial affiliation of any individual. Don’t look at skin tone or hair type to categorize people. Don’t categorize at all! Learn acceptable terms when working with people who are different from you. “People with disabilities,” for example, instead of “handicapped.”

37 Making Diversity Work Don’t assume the identity or racial affiliation of any individual. Don’t look at skin tone or hair type to categorize people. Don’t categorize at all! Learn acceptable terms when working with people who are different from you. “People with disabilities,” for example, instead of “handicapped.” Slide Show Notes When you must discuss controversial issues in the workplace, approach the topic in a general way; don’t relate it to particular individuals. Make sure you and all employees treat males and females equally and give them equal opportunities. Avoid sexist comments to either gender. Don’t assume the identity or racial affiliation of any individual. Don’t look at skin tone or hair type to categorize people. Don’t categorize at all! Learn acceptable terms when working with people who are different from you. “People with disabilities,” for example, instead of “handicapped.”

38 Making Diversity Work Use the variety of experience among co-workers
Respect differences Look at co-workers’ abilities—not their disabilities Don’t go along with insensitive comments Think inclusive—not exclusive Slide Show Notes Take advantage the variety of experience among your co-workers. Respect differences—any differences. Look at co-workers’ abilities, not their disabilities. Don’t go along with insensitive comments. Speak up. Finally, think inclusive—never exclusive.

39 Making Diversity Work (cont.)
Take advantage the variety of experience among your co-workers. Respect differences—any differences. Look at co-workers’ abilities, not their disabilities. Don’t go along with insensitive comments. Speak up. Finally, think inclusive—never exclusive. Slide Show Notes Take advantage the variety of experience among your co-workers. Respect differences—any differences. Look at co-workers’ abilities, not their disabilities. Don’t go along with insensitive comments. Speak up. Finally, think inclusive—never exclusive.

40 Key Points to Remember Diversity recognizes and respects differences
It encourages new ideas and perspectives It promotes fairness and allows everyone to contribute to goals and to share in success It attracts and retains high-quality employees Slide Show Notes These are the main points you should take away from this training session. Diversity recognizes and respects differences. It encourages new ideas and perspectives. It promotes fairness and allows everyone to contribute to goals and to share in success. It attracts and retains high-quality employees. Do you have any questions about diversity in the workplace? Give trainees the quiz, if appropriate. Now it’s time for the quiz.

41 Quiz Click HERE to proceed to the quiz for this training. Your answers will be ed to MVAC and a record of this training will be placed in your personnel file.


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