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4/00/ © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations Why Is Talking About Diversity Important?
4/00/ © 2000 Business & Legal Reports, Inc. Goals Understand what diversity is Understand what diversity isn’t Know why it is important to talk about diversity Find out about the legal requirements that drive diversity Recognize who can commit harassment and who can experience it Know when an employer is liable Understand the important part your company policy plays
4/00/ © 2000 Business & Legal Reports, Inc. What Is Diversity? Recognition Appreciation and Appropriate response to individual differences in the workplace
4/00/ © 2000 Business & Legal Reports, Inc. What Isn’t Diversity? Affirmative Action Sensitivity training or awareness Total assimilation
4/00/ © 2000 Business & Legal Reports, Inc. Why Is Talking About Diversity Important? The “changing face” of the nation Overcoming socialization The impact on the bottom line Legal regulations and ramifications Company policy objectives
4/00/ © 2000 Business & Legal Reports, Inc. Why Is Talking About Diversity Important? (cont.) The “changing face” of the nation – U.S. census statistics – Reflections and issues in the American workforce
4/00/ © 2000 Business & Legal Reports, Inc. Why Is Talking About Diversity Important? (cont.) Overcoming socialization Talk and think about diversity
4/00/ © 2000 Business & Legal Reports, Inc. Why Is Talking About Diversity Important? (cont.) The impact on the bottom line Listening and reacting to the market Employee morale
4/00/ © 2000 Business & Legal Reports, Inc. Why Is Talking About Diversity Important? (cont.) Legal regulation Jeopardizing the bottom line – EEOC complaints are on the rise – EEOC record settlements
4/00/ © 2000 Business & Legal Reports, Inc. Why Is Talking About Diversity Important? (cont.) Company policy objectives – Our commitment to dignity and respect in the workplace – Building morale – Improving the bottom line
4/00/ © 2000 Business & Legal Reports, Inc. The Legal Requirements That Drive Diversity Equal Employment Opportunity Laws – Title VII – The Age Discrimination in Employment Act (ADEA) – The Americans with Disabilities Act (ADA)
4/00/ © 2000 Business & Legal Reports, Inc. The Legal Requirements That Drive Diversity (cont.) Additional prohibitions against harassment – The Equal Pay Act – Harassment can be based on more than sex – Hostile work environment
4/00/ © 2000 Business & Legal Reports, Inc. Who Can Commit Harassment? Supervisors Subordinates Co-workers Clients/customers
4/00/ © 2000 Business & Legal Reports, Inc. Who Can Experience Harassment? Direct targets Bystanders/witnesses
4/00/ © 2000 Business & Legal Reports, Inc. When Is an Employer Liable? Supervisors versus Non-supervisors
4/00/ © 2000 Business & Legal Reports, Inc. What Isn’t Harassment? The “reasonable person” Single, stray remarks Teasing
4/00/ © 2000 Business & Legal Reports, Inc. Company Policy Objectives Provide a uniform statement of expectations Promote an open-door policy Protect employee rights Promote compliance and prevention = A respectful and dignified work environment
4/00/ © 2000 Business & Legal Reports, Inc. Summary “Do You Think These Bolts Might Be Extra?”
4/00/ © 2000 Business & Legal Reports, Inc. Quiz 1. Diversity can encompass less obvious, individual differences. True or False 2. The goal of diversity is to erase individual differences from our minds, workplace, or society. True or False 3. List three ways diversity can impact the bottom line: 4. A bona fide occupational qualification (BFOQ) means: 5. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals age 40 and over. True or False
4/00/ © 2000 Business & Legal Reports, Inc. Quiz (cont.) 6. A hostile work environment doesn’t include such things as cartoons and threats. True or False 7. Only someone who works internally can commit harassment against an employee. True or False 8. Someone who witnesses harassment may be protected by the law. True or False
4/00/ © 2000 Business & Legal Reports, Inc. Quiz (cont.) 9. List two tangible employment actions that a supervisor may take against an harassed employee that will make the employer automatically liable: 10.Occasional teasing that is not severe or pervasive generally is not considered harassment. True or False
4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers 1. True. Diversity can encompass individual differences, such as social style, political beliefs, and mode of dress. 2. False. Diversity is not total assimilation. Its goal is to enhance individual differences so that respect and dignity in the workplace are achieved. 3. By improving employee morale, by developing and servicing your organization’s products for a diverse marketplace, and by avoiding costly lawsuits.
4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers (cont.) 4. A bona fide occupational qualification means that a particular characteristic (religion, sex, or national origin) is absolutely necessary in order to perform the job. 5. True. The Age Discrimination in Employment Act of 1967 generally prohibits employers with 20 or more employees from discrimination in employment based on age. Individuals age 40 and over are protected by the ADEA. 6. False. A hostile work environment may in fact include cartoons and threats.
4/00/ © 2000 Business & Legal Reports, Inc. Quiz Answers (cont.) 7. False. A client or customer of an employer can also commit harassment against the employer’s employees. 8. True. Witnesses of unlawful acts of harassment may also be victims of harassment. 9. Tangible employment actions include: denial of employment or promotion, a reassignment with significantly different responsibilities, and a demotion. 10.True. Occasional teasing generally will not result in a finding of unlawful harassment.
Diversity Legal Basics for Supervisors
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