Category Archives: cultural diversity training

How to avoid being target of discrimination…

companies who offer diversity training, cultural diversity training, Discrimination, Diversity Training

How to avoid being target of discrimination…

How to avoid being target of discrimination…

How to avoid being target of discrimination…

 

 

Even if an organization is located in an “at-will state”, it still must comply with Federal Title VII of the Civil Rights Act.

The EEOC has reported again an all time high in the number of complaints with 99,922 complaints reported in 2010, up over 7,000 complaints from 2009.  “Retaliation” now leads the complain area, surpassing “race” as the most common complaint.

The recession has certainly had an impact on the record number of complaints.  In the past, dissatisfied or poorly treated workers would find other employment. In a sluggish economy, people stay in bad situations longer, and find themselves the target of potentially discriminatory practices.  Further, employees are more educated about the laws and are more likely to exercise their rights in a fiscally challenging environment.  After being fired, and with meager job prospected, terminated employees are more likely to sue than to simply walk away from a situation where he or she experienced a tangible loss.

Retaliation is the largest complaint area, yet one of the easiest to avoid.  Once an employee complains about his or civil rights, he or she should not face adverse employment action.

In short, retaliation is when an employee complains, and something bad happens to them.  

Retaliation is not just about being fired; it can include other employment actions such as demotion, transfer, or a change in shift.

Employers who have regular training can avoid falling into a snare of the changing EEOC rules.  As the breadth of retaliation has changed in 2010 and the fact that ORAL complaints are now viable, organizations needs to keep managers and supervisors compliant with the EEOC rules to avoid costly lawsuits.

Here are a few steps you can take:

1.      Review HR policies regularly to insure these policies comply with most recent legislation,
2.      Invest in a regular training calendar.  Training is far cheaper than the cost to defend a law suit,
3.      Keep in mind that diversity training is nice, but it application to EEOC policy is critical,
4.      Take ALL complaints seriously and include HR BEFORE changes in employment status for those who complained.

For more information, visit Leah Hollis, the President and Founder of Patricia Berkly LLC a diversity training and consulting group. Dr. Hollis has conducted several lectures and assisted clients with this issue.  Her group is atwww.diversitytrainingconsultants.com.

The recent book Unequal Opportunity, offers details about discrimination and harassment cases, and suggests solutions for managers.  Visitwww.diversitytrainingconsultants.com for more details.
Contact: Patricia Berkly LLC for training solutions that can help your organization.

 

NYU and the EEOC…. How could this Happen?

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NYU and the EEOC…. How could this Happen?

NYU and the EEOC…. How could this Happen?

NYU and the EEOC…. How could this Happen?

I grew up respecting these great institutions of higher learning…. They were these lofty institutions of amazing knowledge and justice.  So how can this happen?  NYU, one of the largest and most prestigious universities in the nation is subject to a $210,000 settlement for allowing a racially hostile environment.  Further, keep in mind, this is only the cost to settle; attorney’s fees and productivity lost to defend this case is certainly another six figure dollar amount. We thought the days of overt racism were over; however, an African employee was subject to such an environment being called ‘monkey’ and ‘gorilla’ as reported by the EEOC.  But isn’t NYU the paragon of diversity, nestled in lower Manhattan amongst a cross section of diversity rarely duplicated in other areas?

This type of thing happens not because the institution is a bad place, but because a few untrained and unchecked people allow this toxic and discriminatory behavior to fester.  In short, untrained staff put a fine institution in jeopardy and has exposed the institution to fees and costs possibly over $500,000. As ignorance is not an excuse for the law, the lack of proper Title VII and EEO rules training doesn’t absolve an organization from discrimination lawsuits.  How could NYU or any organization minimize its risk?

Proper rules training is essential. This year the Supreme Court has altered the definition of retaliation to include immediate family.  Further, oral complaints are now deemed reasonable vehicles for lodging a discrimination complaint.  Other Title VII issues include how caregivers are treated, along with the proliferation of age discrimination cases as baby boomers move through their careers.

Just as an organization stays up to date on the latest software, communications, and security, organizations also need to secure its staff with proper rules training.  These federal guidelines can only help employers if employers make a point to stay up to date on the rules.  While NYU might have deep pockets and/ or insurance to pay for these damages, and might even have such a strong reputation to withstand this bad press, other organizations may not be as resilient in a recession.  Part time EEO staff, offices which are only partially dedicated to training and fielding complaints, leaves organizations exposed to this type of risk.  In light of that, the time and energy to regularly train staff can keep an organization out of the EEOC press room, and focused on the business at hand.  Just a higher education trains it students, the same emphasis needs to be placed on educating its staff for the betterment of a good organization.

Data Or Common Sense?

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Cultural Diversity Training

 

Impacts Of Cultural Diversity Training

 

Impacts Of Cultural Diversity Training: Patricia Berkly LLC

 

Many of us invest in cultural diversity training as it is the “right thing” to do.  However, so many other decisions are data driven; shouldn’t cultural diversity training also be a data driven decision?  Patricia Berkly LLC has developed a 72 point risk assessment to inform cultural diversity training and EEOC rules education for organizations. Cultural diversity training based on the risk assessment will guide our trainers to focus on gender issues, race issues or other issues which threaten compliance with Title VII.  Cultural diversity training can help stem high turnover, or inform a bully of the litigious risk of being unfair.   The risk assessment also reflects on the cost of defending a lawsuit, and determines the focus of cultural diversity training. Cultural diversity training, when based on analysis can save a company hundreds of thousands of dollars and foster an environment of innovation.

 

Cultural diversity training can help create an inclusive environment, an environment in which people thrive instead of spending company time looking for another job.  Cultural diversity training when based on data driven analysis, can address the specific needs of a company, beyond just feeling good about hosting cultural diversity training.

 

Patricia Berkly’s 72 point risk assessment is a comprehensive assessment which analyzes four sectors of the workplace.  Cultural diversity training which reflects staff behavior can be proactive.  Cultural diversity training which recognizes the psychology of management also protects an organization. Lastly, cultural diversity training which considers the legal cost of being sued and the cost of turnover can be a data driven preventative measure.  In turn, cultural diversity training may be a single session, or cultural diversity training can be a calendar of sessions to truly educate all staff.  In any case, cultural diversity can be based on data; consequently, cultural diversity training is a vital part of any organization’s productive trajectory.

 

Disparate Treatment

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Cultural Diversity Training

 

Cultural Diversity Training Programs In Companies

 

Cultural Diversity Training Programs In Companies By Patricia Berkly LLC

 

The EEOC reported disparate treatment as a major problem in hiring, which violates the 1964 Civil Rights Act. As a result, the EEOC is considering requiring cultural diversity training for companies. Patricia Berkly LLC offers cultural diversity training compliant to EEOC rules and assists companies in staying compliant. As the EEOC states, denying opportunity for one cuts off opportunity for many (EEOC 2011). Cultural diversity training helps organizations in developing hiring strategies and creating inclusive and bias free environments. Not only is it good business, cultural diversity training minimizes risk for discrimination complaints. Cultural diversity training also minimizes the risk of a company being drawn in the court to defend discriminatory behavior.

 

Many companies believe they don’t need consultants for diversity management and cultural diversity training. However, the recent EEOC lawsuits filed against Lens Crafters, Rent-A-Center, Abercrombie & Fitch confirm the need for cultural diversity training in large companies. The charges of sexual harassment and religious discrimination will cost them over six figures to defend, not including the cost of bad publicity. With litigation costs soaring, the cost of cultural diversity training is minimal compared to legal fees, turn over and lost clientele. Cultural diversity training works with the standard operating process of any company. As company culture changes with personnel, companies better serve themselves to keep cultural diversity training as a staple to staff updates. The hours spent in cultural diversity training can relieve the company of years spent defending a case.

Conversation On Human Trafficking

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Cultural Diversity Training

 

Cultural Diversity Training By Patricia Berkly LLC

 

Cultural Diversity Training By Patricia Berkly LLC: Human Trafficking

 
The EEOC recently filed several suits against organizations engaging in human trafficking. Good cultural diversity training can update employers so they don’t have this problem. Engaging and informative cultural diversity training can help stop trafficking. Cultural diversity training helps managers consider company practices. Cultural diversity training would encourage organizations to look at how they treat their foreign workers. While it would seem cultural diversity training should not be needed to help employers remember to protect basic human rights, that is not always the way in the real world

Cultural diversity training and an interactive policy review is a powerful tool to help organizations stay compliant with Title VII. Cultural diversity training is not as simple as “a point and click” away from compliance in passive online training programs. Cultural diversity training can show how cutting corners with people’s lives and rights, can lead to an organization into court.

Cultural diversity training reminds organizations that even the foreign born have a right to complain about their civil rights in America. In this recession where companies may be quick to save a buck with cheaper labor, companies still need to consider cultural diversity training as the cost of business to avoid costly lawsuits. Cultural diversity training would remind employers not to confiscate the passports of foreign born employees. Cultural diversity training would reflect on the conditions, and work environment of workers. Cultural diversity training would engage managers and help them develop strategies to protect the organization. Even foreign employees who work on American soil are protected. In 2006, 52 males recruited from India were awarded $1.2 million for the mistreatment they received from John Pickle Co. Cultural diversity training would demonstrate protected classes based background, race, ethnicity, gender and religion have a right to pursue their civil rights, if they were not born in America.