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Terms in this set (5)

Diversity in the Workforce Professor Stafford
Model of Diversity - Marilyn Loden Two Fold: the inner is what you cannot control and the outer is what you have influence on Two Dimensions of Diversity Primary and Secondary
Diversity Model - Anita Rowe and Lee Gardenswartz
Anita Rowe and Lee Gardenswartz
Primary and secondary dimensions are articulated and two more dimensions are added

In the center they add personality
On the periphery they add organizational membership

What is the definition of Diversity Management? ( Text)

Definition of Diversity Management
An organizational commitment and systemic approach that moves beyond compliance with legal requirements and statements that simply express that the organizations claim to value diversity

" My way is better than your way. "

" My country is superior to yours"


" Everyone is like me"


What is this demonstrating? The diversity bias

Diversity Bias
Assumptions of Superiority
- I'm better than you
My county is better than yours

Assumptions of Correctness
My way is the right way
This is the way it should be

Assumptions of Universality
We're all the same
Everybody is like me


Where on the paradigm are the following companies?


I refuse to even follow the law. If I want to hire only men I will.

???

I would like to hire and use the diversity talent I have to give us an opportunity to seek
and win over new customers in different countries.

??

Understanding Leadership Based Organizational Paradigms for Managing Diversity
The Resistance Paradigm

Based on the rejection and evasion of diversity and diversity initiatives
Understanding Leadership Based Organizational Paradigms for Managing Diversity
The Discrimination and Fairness Paradigm

Based on accommodating the legal responsibilities of diversity, specifically in terms of federal mandates.


Understanding Leadership Based Organizational Paradigms for Managing Diversity
The Access and Legitimacy Paradigm

Based on bottom line reasons for incorporating diversity; hiring specific diverse employees to market to their specific markets is a competitive business advantage
Understanding Leadership Based Organizational Paradigms for Managing Diversity
The Integration and Learning Paradigm

This paradigm reflects characteristics of both the discrimination and fairness paradigm and the access and legitimacy paradigm but goes beyond them by embracing the business case for diversity

What items would you include to actually create a business case
for Diversity?

Understanding the Business Case for Diversity
Those who argue for the business case will state that organizations will realize
Cost Savings
Winning the competition for talent
Driving business growth

How can you assess the Business case for Diversity? ( i.e. How would you measure?)

Assessing the Business Case for Diversity
Productivity
Measuring the results
Diverse employees and diverse markets
Diversity training and added value
Support of Diversity initiatives by diverse
employees

Demographic Diversity
In the United States, there is a linear relationship between racial and ethnic diversity and better financial performance: for every 10 percent increase in racial and ethnic diversity on the senior-executive team, earnings before interest and taxes (EBIT) rise 0.8 percent.


Racial and ethnic diversity has a stronger impact on financial performance in the United States than gender diversity, perhaps because earlier efforts to increase women's representation in the top levels of business have already yielded positive results.

In the United Kingdom, greater gender diversity on the senior-executive team corresponded to the highest performance uplift in our data set: for every 10 percent increase in gender diversity, EBIT rose by 3.5 percent.


The unequal performance of companies in the same industry and the same country implies that diversity is a competitive differentiator shifting market share toward more diverse companies.

Demographic Diversity
In this research, which rests on a nationally representative survey of 1,800 professionals, 40 case studies, and numerous focus groups and interviews, we scrutinized two kinds of diversity: inherent and acquired.

Inherent diversity involves traits you are born with, such as gender, ethnicity, and sexual orientation.

Acquired diversity involves traits you gain from experience: Working in another country can help you appreciate cultural differences, for example, while selling to female consumers can give you gender smarts.

We refer to companies whose leaders exhibit at least three inherent and three acquired diversity traits as having two-dimensional diversity.

Demographic Diversity
Employees of firms with 2-D diversity are 45% likelier to report a growth in market share over the previous year and 70% likelier to report that the firm captured a new market.
Most respondents, however—78%—work at companies that lack 2-D diversity in leadership. Without diverse leadership:

Women are 20% less likely than straight white men to win endorsement for their ideas

People of color are 24% less likely; and LGBTs are 21% less likely.

This costs their companies crucial market opportunities, because inherently diverse contributors understand the unmet needs in under-leveraged markets.

We've found that when at least one member of a team has traits in common with the end user, the entire team better understands that user. A team with a member who shares a client's ethnicity is 152% likelier than another team to understand that client.

Demographics Diversity

How does this impact the workforce?

The way we work

The things we value

How HR attracts and retains talent


Born between 1946 and 1964 Below are several common characteristics of the Baby Boomer generation

Work-Centric: Baby Boomers are extremely hardworking and motivated by position, perks and prestige. Baby Boomers relish long work weeks and define themselves by their professional accomplishments. Sine they sacrificed a great deal to get where they are in their career, this workaholic generation believes that Generation Y should pay their dues and conform to a culture of overwork. Baby Boomers may criticize younger generations for a lack of work ethic and commitment to the workplace.

Independent: Baby Boomers are confident, independent and self-reliant. This generation grew up in an era of reform and believe they can change the world. They questioned established authority systems and challenged the status quo.

Goal-Oriented: With increased educational and financial opportunities than previous generations, Baby Boomers are achievement-oriented, dedicated and career-focused. They welcome exciting, challenging projects and strive to make a difference.

Competitive: Since Baby Boomers equate work and position with self-worth, they are quite competitive in the workplace. They are clever, resourceful and strive to win. Boomers believe in hierarchal structure and rankism and may have a hard time adjusting to workplace flexibility trends. They believe in "face time" at the office and may fault younger generations for working remotely.


Generation X encompasses the 44 to 50 million Americans born between 1965 and 1980. Members of Generation X are largely in their 30's and early 40's. On the whole, they are more ethnically diverse and better educated than the Baby Boomers. Over 60% of Generation X attended college

Individualistic: Generation X came of age in an era of two-income families, rising divorce rates and a faltering economy. Women were joining the workforce in large numbers, spawning an age of "latch-key" children. As a result, Generation X is independent, resourceful and self-sufficient. In the workplace, Generation X values freedom and responsibility. Many in this generation display a casual disdain for authority and structured work hours. They dislike being micro-managed and embrace a hands-off management philosophy.

Technologically Adept: The Generation X mentality reflects a shift from a manufacturing economy to a service economy. The first generation to grow up with computers, technology is woven into their lives.

Flexible: Many Gen Xers lived through tough economic times in the 1980s and saw their workaholic parents lose hard-earned positions. Thus, Generation X is less committed to one employer and more willing to change jobs to get ahead than previous generations. They adapt well to change and are tolerant of alternative lifestyles.

Value Work/Life Balance: Unlike previous generations members of Generation X work to live rather than live to work. They appreciate fun in the workplace and espouse a work hard/play hard mentality. Generation X managers often incorporate humor and games into work activities


Born in the mid-1980's these Gen Y professionals are in their 20s and just entering the workplace

Tech-Savvy: Generation Y grew up with technology and rely on it to perform their jobs better. Generation Y is plugged-in 24 hours a day, 7 days a week. This generation prefers to communicate through e-mail and text messaging rather than face-to-face contact and prefers webinars and online technology to traditional lecture-based presentations.

Family-Centric: The fast-track has lost much of its appeal for Generation Y who is willing to trade high pay for flexible schedules and a better work/life balance.

Achievement-Oriented: Nurtured and pampered by parents Generation Y is confident, ambitious and achievement-oriented. They have high expectations of their employers, seek out new challenges and are not afraid to question authority. Generation Y wants meaningful work and a solid learning curve.

Team-Oriented: As children, Generation Y participated in team sports, play groups and other group activities. They value teamwork and seek the input and affirmation of others..

Attention-Craving: Generation Y craves attention in the forms of feedback and guidance. They appreciate being kept in the loop and seek frequent praise and reassurance.


If you were asked how your firm could be managing diversity more effectively what would you tell them to look for? ( what framework might you use?)



Three Levels of Change

Structural Interventions

Cultural Interventions

Behavioral Interventions


Three levels of Organizational Change

Structural Interventions
Focus on formal systems that guide and control the work : retention practices, recruitment practices, integration of women , minorities into executive positions.

Examples include inclusive recruitment strategies, metrics, retention strategies, etc.


Three levels of Change

Cultural Interventions
Basic assumptions, values, beliefs, and ideologies that define an organization' s view of itself and environment

Examples: leadership commitment, effective communication, clarity about how diversity fits in strategy, diversity training, external relationships, etc.


Three levels of Change

Behavioral Interventions
Seeks changes in behavior, attitudes, and perceptions within and between individuals and work groups that support or hinder the goals of diversity.

Examples: Comprehensive Diversity training, creation of employee resource groups and mentoring programs.


What other components / factors could you take into account to consider whether an organization is managing Diversity effectively?



Clear Organizational Communication

CEO Diversity statement
Definition of Diversity
General diversity statement
Statement of diversity strategy
Web site communications


Long Term Retention Strategies
Diversity training
Mentoring program
Work/life balance
Domestic partner benefits

Inclusive Recruitment Practices
Web highlights diversity
Diverse recruiters
Diverse interview panels
Public statement on diversity recruiting


Authentic Leadership Commitment
Moral and financial commitment
CEO personal involvement
Diverse board of directors
Diversity council
Executive Diversity positions

Incorporating Diversity into Main Work of the Organization
Extensive use of Employee Resource Groups
Positioning of diverse employees in decision making and policy making roles


Diversity management metrics

Initiatives linked to outcomes
Measure diversity ROI
Diversity practices evaluated
Deliverables clearly articulated


Expensive External Relationships
Supplier diversity program
Community outreach
Philanthropic contributions


Diversity Management Metrics

Hubbard's Diversity ROI Analysis Model

Develop Initial Analysis and Planning
Collect and Analyze Data
Isolate Diversity's Contribution
Convert the contribution to Money
Calculate Costs and Benefits
Report Data
Track


Develop Initial Analysis and Planning

Create a 'Scorecard' - Tie this directly to the identification of business problems or opportunities related to the organizations key business strategy

What questions does a company want to answer and what objectives do they have in mind, for the particular Diversity initiative in question?



Collect and Analyze Data

Collect hard and soft data around

Follow up surveys, interviews, focus groups, shorter term pilot project assignments, actions plans and performance contracts


Isolate Diversity's Contribution

You can use

Control Groups
Trend Lines
Forecasting Model
Participant estimates
Supervisor of participant estimates
Senior management estimates
Expert estimates
Customer inpurs

Article
You have a Chief Diversity Office, but is your Workplace Inclusive?

Takeaways?


Key Points

White Americans and White men, in this study, tended to believe that the mere presence of diversity councils, a head position and targeted mentoring programs and affinity groups created an impression of fairness .

A research study from Catalyst( 2015) clearly portrayed that those employees who felt included in the workplace were more likely to suggest new ideas and be more productive

Felt included when their leaders empowered them to develop their skills, held direct reports accountable, sought different opinions and stuck to their principles in tough times.

Employees can look at performance standards, transparency, etc. when it comes to promotions, assignments, reviews.

Ongoing commitment to the top; personal investment in being an inclusive leader, support for diversity initiatives.




Historical Perspective of EEO Legislation
What was going on at the time that this major piece of legislation was passed?
Historical Perspective of EEO Legislation
Equal Employment Opportunity (EEO)
The treatment of individuals in all aspects of employment—hiring, promotion, training, etc.—in a fair and nonbiased manner.
Changing National Values
Economic Disparity

Title VII prohibits employment discrimination in hiring, compensation, and terms, conditions, or privileges of employment based on Race, Color, Religion, Sex or National Origin


Major EEO Laws
Title VII of the Civil Rights Act of 1964, CRA 1991
Age Discrimination in Employment (ADEA) 1967
Americans with Disabilities Act (ADA) of 1990
Family and Medical leave Act of 1993 COVERS 16 WEEKS

Civil Rights act of 1964--came out of the civil rights movement, provide

Why was it so important to protect people on the basis of age?


Major Laws Affecting EEOC
Major Law Affecting EEOC
Government Regulation of EEOC
Protected Classes
Individuals of a minority race, women, older people, and those with disabilities who are covered by federal laws on equal employment opportunity

Age Discrimination Actions
Excluding older workers from important work activities.
Making negative changes in the performance evaluations of older employees.
Denying older employees job-related education, career development, or promotional opportunities.
Selecting younger job applicants over older, better-qualified candidates.
Pressuring older employees into taking early retirement.
Reducing the job duties and responsibilities of older employees.
Terminating older employees through downsizing.


What is Sexual Harassment? How do we define or recognize it?
Sexual Harassment
Sexual Harassment (under Title VII)
Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment
An employer is considered guilty of sexual harassment when:
The employer knew or should have known about the unlawful conduct and failed to remedy it or to take corrective action.
The employer allows nonemployees (customers or salespeople) to sexually harass employees.
Sexual Harassment
Quid Pro Quo Harassment
Occurs when "submission to or rejection of sexual conduct is used as a basis for employment decisions."
Involves a tangible or economic consequence, such as a demotion or loss of pay.
Sexual Harassment (cont'd)
Hostile Environment
Occurs when unwelcome sexual conduct "has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment."
Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute sexual harassment when an employee finds them offensive.
Courts use a "reasonable person" test for hostile environment.

Is it Sexual Harassment?

Key Factors Considered by the Courts

* Nature and severity of conduct
* Frequency of conduct
* Impact on victim ("reasonable person" standard)
* Target of conduct (e.g., were comments directed at the person, or did he/she overhear it?)
* Other relevant factors (e.g., has the conduct been reported on prior occasions?)


Forms of Employment Discrimination? What are the two types?

Forms of Discrimination
Adverse Impact
The rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with a nonprotected class.
Possibly the unintentional result of an innocent act, yet the outcome is still discriminatory.
Restricted Policy (Disparate Treatment)
An employer's intentional unequal treatment or evaluation by different standards of protected-class members.

Video of New Haven CT Firefighter's Discrimination Lawsuit


Was this group a protected class?

Was this disparate or adverse impact? Why?

What is their claim?



How do you know whether adverse impact has occurred?
Determining Discrimination
Adverse Rejection Rate, or Four-Fifths Rule
Rule of thumb followed by the EEOC in determining adverse impact for use in enforcement proceedings.
According to the Uniform Guidelines, a selection program has an adverse impact when the selection rate for any racial, ethnic, or sex class is less than four-fifths (or 80 percent) of the rate of the class with the highest selection rate.
The four-fifths rule is not a legal definition of discrimination, rather it is used to monitor severe discrimination practices.
Determining Discrimination
McDonnell Douglas Test
To establish a prima facie case of discrimination in hiring:
The person must be a member of a protected class.
The person must have applied for a job for which he or she was qualified.
The person must have been rejected, despite being qualified.
After rejection, the employer continued to seek other applicants with similar qualifications.
The burden of proof now shifts to the employer to prove that the action taken against the individual was not discriminatory.

Four-fifths Rule
A practice has adverse impact if the hiring rate of a protected class is less than 80% of the hiring rate of a majority group.

Is there any regulation which allows businesses to legally 'discriminate' ?
Exemptions From Antidiscrimination Regulations
Bona Fide Occupational Qualification (BFOQ)
Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job.
Business Necessity
Work-related practice that is necessary to the safe and efficient operation of an organization.
Americans with Disabilities Act (1990)
The law forbidding employment discrimination against people with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation.

What Is a "Disability"?
The Americans With Disabilities Act (ADA) defines a disability as:
?
What Is a "Disability"?
The Americans With Disabilities Act (ADA) defines a disability as:
A physical or mental impairment that substantially limits one or more of the major life activities.
A record of such impairment.
Being regarded as having such an impairment.
What Is a "Disability"? (cont'd)
The ADA does not cover:
Homosexuality or bisexuality
Gender-identity disorders not resulting from physical impairment or other sexual-behavior disorders
Compulsive gambling, kleptomania, or pyromania
Psychoactive substance-use disorders resulting from current illegal use of drugs
Current illegal use of drugs
Infectious or communicable diseases of public health significance (applied to food-handling jobs only and excluding AIDS)
Reasonable Accommodation A modification or adjustment to a job or work environment that enables a qualified individual with a disability to have an equal employment opportunity
Exemptions From Antidiscrimination Regulations
Bona Fide Occupational Qualification (BFOQ)
Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job.
Business Necessity
Work-related practice that is necessary to the safe and efficient operation of an organization.


Executive Order 11246 (Affirmative Action)
Diversity Management: Affirmative Action Issues
Affirmative Action
Policy that goes beyond equal employment opportunity by requiring organizations to comply with the law and correct past discriminatory practices by increasing the numbers of minorities and women in specific positions
Reverse Discrimination
The act of giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering discrimination

Managing Diversity: Affirmative Action
Challenges to Affirmative Action (AA):
AA has not improved protected groups employment.
Individuals hired under AA feel prejudged as inferior performers, and are often viewed as "tokens."
AA programs have failed in assimilating protected classes into the workforce.
Preferences shown toward one protected class may create conflicts between other minority groups.

What makes an exemplary leader in managing Diversity?

Authentic Leadership Commitment
Moral and financial commitment
CEO personal involvement
Diverse board of directors
Diversity council
Executive Diversity positions

What makes an organization exemplary in diversity management ? Take a look at what IBM started way back... in 1995
Constructive Disruption

Pillars of Change

Demonstrate Leadership Support

Engage Employees as Partners
Link Diversity Goals to Business Goals

Integrate Diversity with Management Practices




Engage Employees are Partners

They always promoted equal opportunity
The use of task forces was a major cultural shift
IBM didn't really encourage employees to organize previously
The partnerships between the groups and management worked because of three elements:
Mutual Expectations, mutual influence and trust


Initial Charge to the Task Committees

What is necessary for your constituency to feel welcome and valued at IBM

What can the corporation do in partnership with our group, to maximize your constituency's productivity?

What can the corporation do to influence your constituent 's buying decisions, so IBM is seen as a preferred solution provider?

Which external organizations should IBM form relationships with to better understand the needs of your constituency?

Which paradigm Were they Operating in?



Link Diversity Goals to Business Goals

it's not a philanthropic endeavor, it's good business

IBM changed paradigms using these task forces...


Constructive Disruption

Had a long practice of being blind to differences and gathering demographic information only to ensure that hiring and promotion decision didn't favor any particular group.

Kicked off and created 8 task force committees, each focused on a different group, such as Asians, Gays, Women..etc.

Goal was to uncover and understand differences between the groups and find ways to appeal to a broader set of employees and customers.

Remember this was 1995...


Demonstrate Leadership Support

Executives espoused beliefs are frequently at odds with their behavior

Diversity goals/ strategies usually don't lay out specific behaviors or educate executives and managers on what they need to do differently

IBM threw them right in, but with support . They lead the committees, partnering with the chief diversity officer, who provides counsel


How do we figure out if they are indeed diverse?

Where do we look for external validation? What do they use for measures?

Diversity Inc.
More than 1,800 companies participated in the 2016 survey. There is no fee to participate and every company is assessed on its performance against all competitors. They assess performance based on four areas of diversity management:
Talent Pipeline: workforce breakdown, recruitment, diameter of existing talent, structures
Equitable Talent Development: employee resource groups, mentoring, philanthropy, movement, fairness
CEO/Leadership Commitment: accountability for results, personal communications, visibility
Supplier Diversity: spend with companies owned by people from underrepresented groups, accountability, support
http://www.diversityinc.com/the-diversityinc-top-50-companies-for-diversity-2016/


Let's debrief on the Discussion Board

Is Fairfield an "exemplary" institution in regards to integrating diversity?



In your team Discuss....

What did you learn about yourself?

What surprised you the most?

What group affiliations are mentioned the most ?

How does your self identity influence your experiences in organizational settings?


MBTI Instrument - Myers Briggs

What is this all about and how does it relate to Diversity?
( ie. Hint: Where does it below on the wheel?)
Civil Rights act of 1964--came out of the civil rights movement, provide

Why was it so important to protect people on the basis of age?



Quiz
Incorporating diversity into the primary work of the organization includes the following
Ensuring women and minorities are in decision making and policy roles and employee resource groups are created and developed

The ADA of 1967 applies only to worker age __ and over
40 years
Without __ strategies, an organization's inclusive recruitment plan will most likely not be successful, as turnover may occur. ___ is an example of this strategy
Long term retention, flex time
The __ paradigm emphasizes bottom line reasons for incorporating diversity, such as gaining access to diverse differentiated customer segments
Access and legitimacy paradigm
The __ level of organizational change is __ which concerns the values, beliefs, assumptions, and ideologies that define an organization's view of itself, its effectiveness and its environment
Second and cultural
According to research we discussed in class white Americans believe that
Where the presence of diversity committee, fairness policy and CDE role indicate that discrimination is not prevalent in an organization
The Diversity wheel, created by Marilyn loden presents diversity as having both an inner and outer circle. This represents___
Primary factors not in control of the individual and secondary environment controllables
Both religion and sexual orientation and protected classes on a federal level, in Title VII
false
When XYZ corporation was accused of blatantly discriminating against women in the ___ paradigm for managing diversity
Resistance paradigm
The BFOQ (Bona Fide Occupational Qualifications) rule means that an employer can exclude applicants in a protected, if the company has demonstrated they are in compliance with Affirmative action plans, and they believe it is necessary for their business performance
False

Strong business necessity is needed
Get rid of AA
As part od an integrated approach to diversity management authentic leadership commitment includes some of the following
Financial commitment, CEO personal involvement, and a diverse board of directors
With the passage of __, the US Congress intended to eliminate both employment discrimination as well as the broader economic and social effects of discrimination
Title 7
The business case for diversity suggests that by embracing the value of diversity and diversity management an organization will
Create a competitive advantage for an organization, as well as lower costs
If a retail store has a strong image and dress policy, they may look to hire only applicants for positions that fit that certain image (fit, young, etc) regardless of effect on protected classes
false
The __ links investment in organizational diversity initiative to improvements in productivity and profitability
Business case for diversity
Part two of class
Religion and Spirituality in the Workplace
The law
Religious Discrimination
Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.
Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion.

Religious Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Religious Discrimination & Harassment
It is illegal to harass a person because of his or her religion.
Harassment can include, for example, offensive remarks about a person's religious beliefs or practices. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.


What is "Religion" ? *

Although courts generally resolve doubts about particular beliefs in favor of finding that they are religious, beliefs are not protected merely because they are strongly held.

Rather, religion typically concerns "ultimate ideas" about "life, purpose, and death." Social, political, or economic philosophies, as well as mere personal preferences, are not "religious" beliefs protected by Title VII.

Religious observances or practices include, for example, attending worship services, praying, wearing religious garb or symbols, displaying religious objects, adhering to certain dietary rules, proselytizing or other forms of religious expression, or refraining from certain activities. Whether a practice is religious depends on the employee's motivation. The same practice might be engaged in by one person for religious reasons and by another person for purely secular reasons (e.g., dietary restrictions, tattoos, etc.).

* EEOC source and Border Source


Question: I am a member of a small church outside of town. We live together on an old farm, rising early in the morning for prayer and chores and gathering in the evening for prayer and Bible study. Some of us were formerly affiliated with the local Protestant church, but we found that we believed in a more rigorous integration of our religious beliefs with our daily lives. Our founder leads us in interpreting the Bible and living in accordance with its teachings.

I have worked for several years at a hardware store in town, but the store owner fired me last week, after learning about my church affiliation. He said I belong to a "cult" and that he wouldn't support us by paying me wages any longer. Can he fire me just because my religious beliefs are not traditional?


Not all sincere, strongly held moral views are religious though.


For example, a vegetarian may believe passionately that eating animals is immoral and unethical, or unhealthy. However, without some notion of a divine command or higher purpose to eschew meat, this would not be a religious belief.

Undue Financial Hardship

This is often the central issue in litigation because a religious accommodation claim typically arises directly from a conflict between the individual's exercise of religion and a job requirement.

The EEOC explains correctly that an "undue hardship" has been defined by the courts as one that presents "more than de minimis" cost or burden on the operation of the employer's business, including higher-than-ordinary administrative costs or safety or security concerns.


Moreover, the EEOC acknowledges that in this context, "undue hardship" is not the same as the higher "undue burden" standard associated with an employer refusing a reasonable accommodation under the Americans with Disabilities Act.


The undue hardship can be shown if accommodating the employee's religious practices requires .....

more than ordinary administrative costs, diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, impairs workplace safety, causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work, or if the proposed accommodation conflicts with another law or regulation.

The Accommodation requested

Typically, the accommodation sought by an employee in a religious dress or grooming practice case is for the employer simply to lift or relax the job requirement for the impacted employee.

The employer's grooming or dress requirements frequently exist for business reasons, and sometimes for safety, security, or health-related reasons, but in other instances those requirements are designed to maintain and promote professionalism or a particular corporate image.


Some of the examples contained in the guidance reflect a balancing between the employer's business interests and the individual's interest in religious expression that is generally consistent with the courts' application of the "undue hardship" test:

In a restaurant, an employer normally requires employees to have short hair. According to the EEOC, the employer may be required to exempt from that requirement an employee who for religious reasons maintains long hair, so long as the employee keeps his hair "in a ponytail or held up neatly with a clip" or under a hairnet.

A surgical instrument manufacturer with a hygiene rule for employees involved in the process of sterilizing instruments requires employees to be clean shaven. A Sikh employee refuses to shave his beard, but the employer offers to allow him to wear two face masks instead of shaving his beard; he refuses the offer and files an EEOC charge. According to the EEOC, the employer would prevail because it offered a reasonable accommodation.



The EEOC describes a hypothetical retailer that requires sales personnel to wear only clothing sold in its stores and no headgear, so they will look like the clothing models in the company's catalogues.

The retailer does not hire an applicant who it understands wears a headscarf for religious reasons.

According to the EEOC, the retailer must make an exception for the applicant "in the absence of employer evidence of undue hardship."

In Cloutier v. Costco Wholesale Corp., however, the First Circuit Court of Appeals affirmed summary judgment for a retail employer who refused to permit an employee to wear piercings required by her religious beliefs, finding that the employer had demonstrated undue hardship: "Even if Cloutier did not personally receive any complaints about her appearance, her facial jewelry influenced Costco's public image and, in Costco's calculation, detracted from its professionalism."

Again, the EEOC's guidance appears to be at odds with appellate decisions on point.


The EEOC also explains that discriminatory customer preferences and fear of customer reaction to a particular religion or religious practice is not an undue hardship, even if customers or clients are made uncomfortable to the point of no longer patronizing the business.


The EEOC guidance also makes clear that the practice of "back rooming" employees—that is, permitting them to dress as they wish, but requiring that they keep out of sight of customers—constitutes workplace segregation, which is also a violation of Title VII.


The EEOC explains as well that "proselytizing or other forms of religious expression" are also religious practices that employers may be obligated to reasonably accommodate.


Employers, however, have a separate obligation under Title VII to prevent religious harassment—including offensive remarks or mistreatment motivated by an employee's religious dress or grooming—if the employer is aware of such conduct or should have been aware of it.


Sometimes these two obligations place an employer in a difficult situation. In one recent case, an employer successfully defended against a claim that it failed to reasonably accommodate the plaintiff's religious practices when it prevented her from distributing religious pamphlets to other employees. The employer, the court observed, "was not required to accommodate [the plaintiff's] religion by permitting her to distribute pamphlets offensive to other employees."5


Christianity

Main Beliefs
Follow the teachings of Jesus Christ, who is believed to be the Son of God. God sent his son to earth to save humans from sin.
God is made of The Holy Trinity: The Father, The Son and The Holy Spirit/Ghost.
God created the universe.
God created man in his own image.
Values/Teachings
Four Gospels describe Jesus's values of love and forgiveness.
Holy Days
Christmas: celebrated on December 25. Celebrates Jesus's birth.
Lent: the 40 days between Ash Wednesday to Easter. .
Good Friday: commemorates the crucifixion.
Easter: Celebrates the resurrection of Jesus.
Rituals/Practices
Eucharist: ritual reenacting the Last Supper with Jesus's 12 disciples, where bread and wine/water symbolize the blood and body of Christ (the interpretation of the Eucharist varies between the various Christian faiths). Also referred to as Holy Communion, Mass or the Lord's Supper.
Important Symbols
The Cross: predates Christianity, symbolizing universality with the four cardinal directions of north, east, west and south. Within Christianity, the cross represents the death of Christ and the sacrifice he made to save humanity from sin.






Worldwide population: 2 billion
Branches
Roman Catholicism (1.1 billion)
Eastern Orthodox (est. 150-350 million)
Pentecostals (105 million)



Judaism

Main Beliefs
Believe in a single God, traditionally known by the sacred, unutterable name YHWH.
Values/Teachings
Judaism includes commandments to give to charity and eat "proper" by eating kosher food.

Holy Days
The Sabbath, or Jewish holy day.
Rosh Hashanah: Jewish New Year.
Yom Kippur: Jewish Day of Atonement when fasting and prayer take place.
Pesach: Commemorates when Moses led the Jews out of captivity in Egypt.
Shavuot: Jewish harvest festival
Hanukkah ("festival of lights"): celebrates Jewish victory over rulers of Syria in 170 BCE.
Rituals/Practices
8 days after birth, heath permitting, Jewish boys are circumcised.
The Bar Mitzvah ceremony, undertaken by boys at 13 and girls at 12, welcomes them to the community as adults.
Important Symbols
The Menorah: A candelabra that holds eight branches, one for each day of Hanukkah.
The Shofar: a ram's horn that is blown during Rosh Hashanah
Worldwide population: 14 million
Branches
Hasidism (4.5 million)
Orthodox Judaism (3 million)
Reform Judaism (1.1 million)



Islam

Main Beliefs
One God, Allah.
God's messenger is Muhammad, the prophet to whom the sacred teachings of Allah—compiled in the Qur'an—were revealed to.
The word "Islam" means, literally: "to be in peace." Muslims more commonly translate Islam as "peace through submission to God."
Values/Teachings
The seeking and imparting of knowledge.
God is considered both the creator and lawgiver.
Text(s)
The Qur'an
Muslim sacred text
Divided into 114 suras (chapters)
The Hadith
A collection of scholarly writings that date to the time of Muhammad that instruct Muslims on how to live a virtuous life. Considered a complement to the Qur'an.
Holy Days
Ramadan: a month of fasting that falls in the ninth month of the Islamic calendar.
Id al-Fitr: a three-day festival that occurs at the end of Ramadan, celebrating the end of the fasting month with a special community prayer.
Mawlid an-Nabi: celebrates the birth of the prophet Muhammad.
Rituals/Practice
The shahadah: the declaration to one's devotion to Islam. Once the shahadah is uttered in sincerity, he/she is considered a Muslim.
Sawm: fasting ritual that takes place during Ramadan.
The Hajj: The sacred pilgrimage that Muslims take once in their lives to Mecca, in Saudi Arabia. The Hajj takes place during the 12th month of the Islamic calendar.
Important Symbols
The Star and Crescent: symbolizing Allah's presence in the world as constant and never changing. This symbol is often found on flags and on the dome of mosques, always pointing toward Mecca.
Name of place of worship: Mosque

Worldwide population: 1.3 billion
Branches
Sunni (1 billion)
Shi'i, also Shi'ah (180 million)
Sufism (9 million)



Hinduism

Main Beliefs
Brahman: the absolute reality. It is thought that the concept of Brahman cannot be described. The part of humans that is Brahman is the soul.
Brahman is manifested through various deities. Some of these Gods and Goddesses include:
Brahma: The Creator
Vishnu: The Preserver
Shiva: The Destroyer
Ganesh: The Remover of Obstacles
The concept of samsara: the continuous cycle of birth and rebirth that is dictated by the law of karma.
Values/Teachings
The ethics of Hinduism are based on Karma, the moral law of cause and effect, and on Dharma, the concept of the correct moral path each person must follow.

Holy Days/Festivals
Diwali: Five-day "festival of lights."
Holi: Celebrates spring harvest and the coming New Year.
Rituals/Practices
Puja (worship): offerings made inside a temple that include a series of rituals and prayers.
The five paths of yoga: Karma, Jnana, Bhakti, Mantra and
Raja.
Important Symbols
The Aum (Om): A sacred syllable that is said at the beginning of prayers and mantras.
The Sacred Cow: a symbol of the bounty of the earth; it is prohibited to slaughter cows or eat beef.
Name of place of worship: Mandir (Hindu Temple))
Worldwide population: 900 million
Branches
Vaisnavites (500 million)
Saivites (200 million)
Satya Sai Baba Society (10 million


Buddhism

Main Beliefs
Buddha is not a God, but rather a historical person by the name of Gautama Siddhartha, who was born in 566 BC The Buddha gained enlightenment by relinquishing worldly objects and followed an ascetic path in search for life's truths. The Buddha did this by meditating and once enlightened, he began to spread his story to the outside world.
Enlightenment, or nirvana, is the goal of Buddhists. Nirvana is reached through the concept of karma—the law that a person's actions dictate the process of death and rebirth (known as samsara) into the next life.
Values/Teachings
The Four Noble Truths:
The fact of suffering/all life is suffering
The cause of suffering (desire)
The fact that there is a way out of suffering
The way itself (The Noble Eightfold Path)
The Noble Eightfold Path:

Holy Days
Holy days vary enormously between countries and branches of Buddhism. Though the days vary, all celebrate the birth of the Buddha.
Rituals/Practices
Meditation
One step within the Eightfold Path, Practiced regularly to free the self from suffering
Meditation types and styles vary between different branches of Buddhism.
Important Symbols
Images of the seated Buddha are common throughout the various branches of Buddhism.
The Footprint: symbolizes Buddha's path toward enlightenment
The Wheel of Law: usually shown with 8 spokes, representing the Eightfold Path.
Worldwide population: 360 million
Branches
Theravada Buddhism (100 million)
Mahayana Buddhism (250 million)
Pure Land Buddhism (20 million)
Tibetan and Tantric Buddhism (6 million)
Zen Buddhism (5 million)



Sikhism

Main Beliefs
One God, known as Sat Guru "The True Teacher"
Sikhs follow human Gurus (teachers)
Values/Teachings
The corner stone of Nanaks teachings where equality and the three basic tenants are:
Naam Japo: constant meditation upon God's name
Kirt Karo: engage and be honest, and non exploitative labor
Wand Chakko: share your earnings out of love and compassion for others
Holy Days
Many Sikh festivals and holidays coincide with Hindu traditions. For example, Sikhs also celebrate Diwali, the festival of lights, and the Holi, which to Sikhs is known as the Hola Mohalla.
Rituals/Practices
Singing hymns from Guru Granth Sahib at a local Gurdwara.
Important Symbols
The Khanda: Symbol of Sikhism that is made of three parts: in the center is a two-edged sword, representing freedom and justice; on each side of the sword are a pair of curved swords, representing worldly concerns and religious concerns; and finally the circle that surrounds the double-edged sword represents unity.
The Five symbolic "Ks" are worn by Sikhs at all times:
Kangha: comb
Kesh: unshorn hair
Kara: steel bracelet
Kirpan: a short sword
Kaccha: sacred garments worn under clothing
Worldwide population: 23 million


Daoism

Main Beliefs
Lao Zi is the founder of Daoism (or Taoism), who was a philosopher and author of the Dao De Jing.
Founding ideas of Daoism include
The two primal forces of yin and yang
The vital energy or life force known as qi.
The Dao, or the way, is the eternal unfaltering principle that underpins the universe. By following the Dao, believers can expect a long and healthy life, and the possibility of joining the immortals in heaven.
The overriding principle of the Daoism is "wu-wei," the concept of non- interference, or going with the flow.
Values/Teachings
The way of the Dao, the religion of following nature's path, of seeking immortality and of combating the forces of evil spirits.
The role of Daoism is to establish a relationship between the community and the spiritual world.
Text(s)
The Dao De Jing, meaning "The virtue of the way," is a key text of Daoism.
Holy Days/Festivals
The jiao ceremony: held near the winter solstice and commemorates the masculine (yang) force.
New Year Festival: it is traditional at this time to clean house and to settle all old debts.
Rituals/Practices
T'ai chi: a practice that helps the energy qi to flow freely through the body.
Meditation and offerings at temples.
Pilgrimages to sacred mountains such as Tai Shan in Eastern China.
Important Symbols
The Yin-Yang symbol: represents two opposite halves that make up the whole of the universe. Yin represents the female elements and is associated with cold and dark. Yang is the masculine force, associated with heat and light.
The ox symbolizes the start of the year, hard work and Lao Zi's peasant roots.
Name of place of worship: Temples
Worldwide population: 20 million


Tom's of Maine Case Study


Background - Important facts of case

Various stakeholders and their shared and conflicting interests

Considerations of ethical and spiritual and the bottom line

Potential difficulties opportunities created by connecting spirituality and business


Question: "What is the difference between religion and spirituality?" Religion can be defined as "belief in God or gods to be worshipped, usually expressed in conduct and ritual" or "any specific system of belief, worship, etc., often involving a code of ethics."


Spirituality can be defined as "the quality or fact of being spiritual, non-physical" or "predominantly spiritual character as shown in thought, life, etc.; spiritual tendency or tone." To put it briefly, religion is a set of beliefs and rituals that claim to get a person in a right relationship with God, and spirituality is a focus on spiritual things and the spiritual world instead of physical/earthly things.

Leading a Multi-Generational Workplace

For the first time in history, four generations are working side by side. Although different values, experiences, styles, and activities may sometimes create misunderstandings and frustrations, organizations that choose to develop leadership across the generations will gain a competitive edge.

In the short term, 70 million Baby Boomers will retire. Generation X, an age group with different values and priorities than Boomers, will assume leadership positions.

The second half of the Millennials (referred to as Generation Z) will join the earlier Millennials (Generation Y) and enter the workplace.

These shifts will arguably create the largest demographic shift in the modern day workforce.


Each of the four generations (Baby Boomers, Generation X, Generation Y and Generation Z) has distinct attitudes about work, work-life integration, rewards and preferred work styles.

Additionally, each generation has distinct skillsets regarding knowledge transfer, technology, communications, and the ability to work effectively in teams.

Assimilating the generations into the workforce of today is a critical part of any strong business plan.


The good news is that despite the differences in the generations, there are many similarities in what employees are looking for - let's look at some critical ones.


First and foremost is competent leaders
Each generation expects their leaders to know what they are doing in terms of both technical and people skills. They demand honesty and transparency

Developing leadership capacity across generations will keep organizations attractive to new talent.
Today, according to research, one in four Generation Y workers is in a management role, and most feel unprepared to lead.

Second, each person is looking for meaningful work
Every worker wants to be part of a successful, high-performing organization. What this work looks like differs across generations.
While more senior workers are happy to work on a long-term project and in an individual contributor role, younger workers are more focused on purpose-driven work, collaborative project teams and on quick success.

Next, everyone wants to be recognized for his or her contributions
The nature of the reward or recognition may change from generation to generation, but the principle remains the same. Our survey work in organizations shows again and again that this is an area of concern for workers

These employees require different rewards and recognition system, and a manager who is actively engaged and approaches them as their coach.


Performance management continues to be an issue for leaders
Workers cannot be engaged if they don't know how they are doing. While the timing and content of the feedback may differ from group to group, feedback is critical. Yet the way feedback is received across the generations is different.

Research points to the fact that the Millennial Generation requires more frequent feedback as well as more explicit goals and expectations.

On the heels of "helicopter parenting" and education rubrics, younger workers require leaders to use coaching and teaching as part of their performance management system.

Finally, leaders need to be mindful of work-life integration
Each person has a different need to balance the time they spend at work and their personal time. Some work to live; others live to work


In order for those organizations to ready themselves to
manage through the "youth bubble," we suggest considering the
following factors:

Knowledge Management
Opportunities exist to manage knowledge through the generational shift

Historical knowledge and systems thinking may be dismissed by younger generations looking for the quick answer rather than working toward solving the problem on their own.

Their instinct is to pursue speed over accuracy. Harnessing the power of the younger workers who have also spent the majority of their formative years working in groups rather than individually can help organizations

Recruitment and Retention
Millennials have the resources and initiative to make positive changes where they see the need but may not have the experience necessary to know what it takes to persevere.

While working for the same employer for a long period was a point of pride to the Baby Boomers and a matter of necessity to Generation X, Millennials will likely see themselves as functional experts who use their technical skills to become internal consultants, fix a problem and then move on.


Age


Does society need to rethink the traditional notion of retirement?


What strategies can managers implement in an effort to effectively manage their older employees?

Can employing older workers provide a competitive advantage?


First and foremost is competent leaders
Each generation expects their leaders to know what they are doing in terms of both technical and people skills. They demand honesty and transparency

Developing leadership capacity across generations will keep organizations attractive to new talent.
Today, according to research, one in four Generation Y workers is in a management role, and most feel unprepared to lead.

Second, each person is looking for meaningful work
Every worker wants to be part of a successful, high-performing organization. What this work looks like differs across generations.
While more senior workers are happy to work on a long-term project and in an individual contributor role, younger workers are more focused on purpose-driven work, collaborative project teams and on quick success.

Next, everyone wants to be recognized for his or her contributions
The nature of the reward or recognition may change from generation to generation, but the principle remains the same. Our survey work in organizations shows again and again that this is an area of concern for workers

These employees require different rewards and recognition system, and a manager who is actively engaged and approaches them as their coach.



Important History - Laws passed

1920 The 19th Amendment to the US Constitution is ratified. It declares that the vote shall not be denied on the account of sex.

1963 Equal pay Act

1964 Title VII Civil Rights Act passed

1978 Pregnancy Discrimination Act

1997 Elaborating on Title 9 of the Educational Amendments

What the EEOC says.....................


Sex-Based Discrimination
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex.
Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.

Sex Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Sex Discrimination Harassment
It is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.


Research Report - Harris Interactive survey group and Center for Work life and Catalyst Group

Study included ( 2005 and updated in 2008 )
Nationally representative group of highly qualified women - defined as those holding either a graduate or high honors undergraduate degree. Two age groups - older 41 - 55 and younger 28-40. Study group of approximately 3000

What does the research tell us about the experience of women at work?

Key Findings

Many women leave
Off ramping is a widespread phenomenon. A substantial number 37%, of highly qualified women off ramp -leave voluntarily for a period of time

Across sectors, off ramping is often triggered by family responsibilities.

Women in business, banking of finance weigh their decision to off ramp differently than do those in other careers.

A husband or partner reacts with anxiety or ambivalence.


Others take the scenic route

58% of professional women describe their careers as non linear.

Flexile work arrangements are greatly prized.

Women encounter stigma in accessing FWAs.
There are penalties for taking time out.

On average woman off ramps for 2.2 years

Experience a severe and escalating penalty for time
Out. On average lose 18% earning power.

In banking and finance 28%



Reentry is challenging

Vast majority of women want to be back at work. Not all of them succeed.

93% currently off ramped want to get back to work, yet many ( fewer then 74%) succeed in obtaining jobs
( and only 40% of those jobs are full time.)

Most powerful factors centers on $$.

Only 5% of those who on ramp want to go back to the company they used to work for. ( NONE went back
In banking and finance sectors)
Ambition is downsized.

Woman find it difficult to claim or sustain ambition.

Woman much less likely than male peers to describe themselves as ambitious( although young, highly qualified do)



On-rampers are hungry for help.

On-rampers feel that a variety of company sponsored initiatives would make for more successful on ramping experiences.

Eager for help in retraining, re tooling and learning new skills.

Desire help in dealing with the time crunch in their lives. 89% want access to reduced hours

80% want flexible arrangements that allow them to take time out without quitting their careers.


Solutions exist to reverse the brain drain.

Creating reduced hour jobs

Providing flexibility

Removing stigma of FWA

Not burning bridges for off ramping woman

Mentors

The Augusta National Gulf Club Case Study

The U.S. Supreme Court underscored a private club's freedoms of expression and association in a 2000 case, Boy Scouts v. Dale, which upheld the Scouts' dismissal of a gay assistant scoutmaster.

Forcing a private club to admit someone who may interfere with its "expressive activity" impairs a private club's First Amendment rights, the Supreme Court held. Lower courts have also upheld the Boy Scouts' denial of girls into the group. As for Augusta, the club also used to bar blacks from membership, until 1990.

The Augusta National Gulf Club Case Study

For those wondering how Augusta's no-women membership policy can be legal, the answer lies in its status as a private club.

Civil rights laws that prohibit discrimination in employment and public accommodations generally do not apply to private clubs, which enjoy a freedom to associate with members of their own choosing.

The Augusta National Gulf Club Case Study

The U.S. Supreme Court underscored a private club's freedoms of expression and association in a 2000 case, Boy Scouts v. Dale, which upheld the Scouts' dismissal of a gay assistant scoutmaster.

Forcing a private club to admit someone who may interfere with its "expressive activity" impairs a private club's First Amendment rights, the Supreme Court held. Lower courts have also upheld the Boy Scouts' denial of girls into the group. As for Augusta, the club also used to bar blacks from membership, until 1990.

Appearance and Weight Inclusion Issues in the Workforce


The Law

There is no federal law protecting overweight or obese individuals.

However, there is a state law in Michigan, and in a few towns in California, District of Columbia and Wisconsin

There are no laws protecting appearance


Weight law
When obesity is not a disability, there is no federal legal protection against discrimination
Some jurisdictions provide legal protection, including:
Michigan, District of Columbia, and San Francisco

Appearance standards are set to:
Project a particular corporate image
Create a favorable working environment
Limit distractions caused by outrageous, provocative, or inappropriate dress

They are legal under most circumstances, but there are certain important exceptions
For protected characteristics


Point of Law
Generally under federal law, employers can discriminate on the basis of appearance
except

For characteristics such as sex and age that are protected

When appearance standards conflict with religious beliefs

When the standards negatively affect women or racial/ethnic minorities.


Exception to this is BFOQ


Bona fide occupational qualification
Allows employers to legally discriminate in terms of certain protected characteristics if the characteristics are "reasonably necessary to the normal operation of that particular business"
Diversity Model - Anita Rowe and Lee Gardenswartz
Model of Diversity - Marilyn Loden

In the workplace, "the magnitude of bias against fat people far exceeds that for age or race or any other measure."
(Smith, 2001)

Physical attractiveness has marketplace advantages
Hiring
Performance ratings
Promotion
Long-term salary growth

Weight and wages are related to each other, and both are tied to gender, race, age, and social class.

Weight
Standards
Cultural and medical
Weight laws
Obesity and disability
Medicare


Let's start with the law.
What is protected and under what law(s)?

1963 Equal Pay Act

1964 Civil Rights Act

In employment matters cannot discriminate on the basis of race, color, national origin....




What is the difference between race, national origin, color and ethnicity?

The traditional definition of race and ethnicity is related to biological and sociological factors respectively. Race refers to a person's physical characteristics, such as bone structure and skin, hair, or eye color. Ethnicity, however, refers to cultural factors, including nationality, regional culture, ancestry, and language.

EXAMPLE

Caucasians are found in many countries around the world. So while a Caucasian person in the United States may share certain racial characteristics with a Caucasian person from France, the two people have different ethnic backgrounds — one American, the other French. They will likely speak different languages most of the time, have different traditions, and may even have different beliefs that have been heavily influenced by their local cultures


What is Race?

As a protected class it is defined in accordance with the following categories as determined by the US Government.

Caucasian/White
Asian
African American/Black
Pacific Islander/native Hawaiian
American Indian/Alaskan Native



EXAMPLE
Caucasians are found in many countries around the world. So while a Caucasian person in the United States may share certain racial characteristics with a Caucasian person from France, the two people have different ethnic backgrounds — one American, the other French.


They will likely speak different languages most of the time, have different traditions, and may even have different beliefs that have been heavily influenced by their local cultures


What is Race?

As a protected class it is defined in accordance with the following categories as determined by the US Government.

This category includes blacks, whites, persons of Latino or Asian origin or descent, and indigenous Americans (Eskimos, Native Hawaiians, Native Americans).
Wait a minute - can I sue for race discrimination if I am white?

Racial Discrimination against a person could be based on
several factors including

Physical Characteristics- associated with race; facial features, color,
Culture- person's name, dress and grooming, accent..etc.
Association with someone of particular race

Reverse Race discrimination


How do we define Color as a protected class?


The law does not define 'color' but it is interpreted to mean pigmentation, complexion, or skin shade or tone.

Color discrimination may occur based on lightness, darkness, or other color characteristic of the person.

Not the same as race, although there is overlap.

Color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity.


National origin is a protected class and is defined as a person's country of birth, ancestry, ethnicity or culture.

Cannot discriminate based on place of origin or ancestors, or because individual has the physical, cultural or linguistic
characteristics of a national origin group.


National origin is a protected class and is defined as a person's country of birth, ancestry, ethnicity or culture.

National origin discrimination involves treating people (applicants or employees) unfavorably because they are

-from a particular country or part of the world, because of ethnicity or accent

-because they appear to be of a certain ethnic background (even if they are not)

National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin.




Mike Jeffries was hired by Lesli