Chapter 2 : Equal Opportunity Laws and Diversity • • • • • • Equal Opportunity in the Workplace Diversity & Inclusion Equal Employment Opportunity Laws EEO Laws & the Hiring Process Negligent Hiring Equal Opportunity in the Workplace: What Supervisors Need to Know • Diversity • Why Does Cultural Diversity Matter? Chapter 2 EQUAL OPPORTUNITY LAWS & DIVERSITY • Developing Cross-Cultural Interaction • How to Increase Personal Awareness • How to Recognize & Practice CrossCultural Interaction • The Value of Cultural Diversity • Managing Cultural Diversity in the Workplace • Establishing a Diversity & Inclusion Program • Managing Diversity Issues Positively Equal Opportunity in the Workplace • The Equal Employment Opportunity Commission (EEOC): – Established in 1978 – Responsible for leading & coordinating the efforts of federal departments & agencies to enforce all laws relating to equal employment opportunity without regard to race, color, religion, sex, national origin, age, or handicap. Culture: Our values, the way we speak, behave, think, dress, religious beliefs, the music we like, our interactions, & the food we eat. Failure to understand these diversities can result in tension, poor performance & morale, & higher rates of turnover. The Equal Opportunity & Diversity Office provides: • Education & training the public about equal opportunity & diversity. • Advocacy for diversity. • Support for companies’ initiatives toward equal opportunity & diversity. • Consultation on best strategies for Equal Opportunity & Diversity recruitment. • Conflict mediation & resolution. • Monitoring employers’ equity & affirmative action goals. • Reviewing compliance with state & federal regulations. • Processing & resolving complaints. Inclusion • To include everyone regardless of gender, marital status, race, national origin, religion, age, disability, sexual orientation, weight & looks. Equal Employment Opportunity Laws • Equal Pay Act of 1963 • Civil Rights Act of 1964, Title VII • Age Discrimination in Employment Act of 1967 • The Pregnancy Discrimination Act of 1978 • The Immigration Reform & Control Act • The Americans with Disabilities Act (ADA) • The Family & Medical Leave Act of 1993 EEO Laws & the Hiring Process • Job requirements or qualifications (i.e. those regarding education & work experience) must be relevant to the job, nondiscriminatory, & predictive of job performance. • Any type of pre-employment test must be valid, reliable, & relevant to the job. Interviewing • There are several inappropriate questions to be avoided when interviewing, such as: – How many children do you have? – What country do your parents come from? – What is your native language? Diversity • • • • • • • • • Culture Ethnic Group Race Religion Language Age Gender Physical Abilities Sexual Orientation The U.S. is becoming more diverse by the day: • By 2020 almost 1 in 3 Americans will have African, Asian, Latino, or Native American ancestry. • By 2050 almost 1 in 2! • Foodservice industries employ more Hispanics & African Americans than other industries. Promote Inclusion • Partnering with minority-owned firms demonstrates a commitment to inclusion & creates jobs in the communities that support our businesses as patrons. Why Does Cultural Diversity Matter? • When a group or segment is excluded or oppressed, all of us are denied. • For businesses & communities to thrive, each of us needs to be aware & sensitive to all members of the community. Developing Cross Cultural Interaction 1. Increase personal awareness. 2. Recognize & practice cross- cultural interaction skills. 3. Maintain awareness, knowledge, & skills. How to Increase Personal Awareness • Be careful about being culture bound: believing that your culture & value system are the best, the one & only. • Learn various facts about other cultures. • You can learn about other cultures in various ways: reading, attending cultural fairs/festivals, & interacting with individuals from other cultures. Recognize & Practice Cross-Cultural Interaction • 3 problem areas to overcome include: – The tendency not to listen carefully or pay attention to what others are saying. – Speaking or addressing others in ways that alienate them or make them feel uncomfortable. – Using or falling back on inappropriate stereotypes to communicate with people from other cultures. Recognize & Practice Cross-Cultural Interaction • To be an effective supervisor in a culturally diverse workforce, you must be able to: – Recognize the different ways that people communicate. – Be sensitive to your own employees’ cultural values. – Adapt accordingly. Some Examples of Cultural Differences • • • • • • Body Language Personal Space Eye Contact Facial Expressions Speech Being Direct in Conversation The Value of Cultural Diversity • Supervisors & managers who are not able to handle diversity in the workforce are a liability. • Poor supervision can cost companies dearly in the following ways: – – – – – Discrimination lawsuits Litigation time & money Legal fees /settlements High employee turnover rates Negative community image Leading Cultural Diversity in the Workplace • Recognize, respect, & capitalize on the different backgrounds in our society in terms of race, ethnicity, gender, & sexual orientation. • Diversity, or sensitivity, training is now commonplace in the corporate world. Establishing a Diversity & Inclusion Program • Develop a mission statement that includes diversity & inclusion. • Develop goals for diversity & inclusion for each key operating area. • Develop objectives/strategies to show how the goals will be met. • Develop measurements to monitor progress towards the goals. • Monitor progress toward goal accomplishment. Leading Diversity Issues Positively • Get to know your employees. • Treat them equitably but not uniformly. • Watch for signs of harassment. • Foster a work climate of mutual respect. • Encourage & recognize diversity. Gender Issues • Make sure you do not show favoritism. • Show the same amount of respect for both genders. • Know the companies sexual harassment policies, & take misconduct seriously. Cultural Issues • Learn some of the language used by your employees (how to address them, common phrases, avoid slang). • Give meaningful & culture appropriate rewards. • If employees have trouble with English be careful when speaking to them: – Check to make sure they understand you. – Speaking a little slower might help- but do not speak too slow or too loud, this does not! • Be cautious about interpretations & the use of gestures. Religious Issues Be consistent in allowing time off for religious reasons. Age Issues • Treat both young & older employees with respect. • Make them equally a part of the team. • Younger workers want to have fun while doing worthwhile work, listen to them & let them participate. • Don’t have higher expectations of older adults than their peers. • Don’t patronize. Physically &/or Mentally Challenged Issues • A differently-abled employee is a whole person with likes, dislikes, hobbies, etc. & encourage co-workers to treat them as such. • Speak directly to the differently-abled employee. • The hiring of handicapped workers has a positive effect on the economy. • Disabled workers are good for the community & for employers. • The hospitality industry has a responsibility to provide job opportunities for all. • Employees with disabilities are just as productive as other employees. • Even with great cross-cultural interaction skills, you will occasionally do something that offends an employee. – When this happens, do the commonsense thing: • Apologize sincerely! © 2010 John Wiley & Sons, Inc