Category Archives: Diversity Training

YOU’RE FIRED! But wait, my life isn’t a reality TV show….

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 YOU’RE FIRED! But wait, my life isn’t a reality TV show….

YOU’RE FIRED! But wait, my life isn’t a reality TV show….

YOU’RE FIRED! But wait, my life isn’t a reality TV show….

By Dr Leah Hollis, author of Unequal Opportunity: Fired without cause? Filing with the EEOC…

Raquel had been a rising star in her company since her initial point of hire four years previous.  She had landed major clients, bonuses, and was recognized regionally and nationally for her work.  Despite the recession, Raquel’s life was laden with hard work and well deserved pay.  She had made the necessary sacrifices by delaying marriage, relocating three times, while reaping the financial rewards.  Raquel was at the height of her earning power.  Her performance record was so solid, no wonder she didn’t flinch when her boss retired. So of course, the new boss, Jacob would value her as a longstanding member of his team, even though she was passed over for his position.  Or so she thought.

All teams go through the aches and pains of adjusting to a new leader.  Raquel felt the tension between Jacob and the rest of the team was no different. Everyone was adjusting to his new communication protocols, and reporting expectations.  Therefore, when Raquel walked in to her weekly meeting with him, with the Director of Human Resources present, she could only anticipate a conference about one of her direct reports.  The meeting was short… not sweet…

“You’re fired….” Jacob blurted out.  “We are going in another direction. Budget cuts.”

Raquel was stunned.  Clearly this was a joke. She had earned letters of commendation the last three quarters straight.  Her slack jawed pause allowed Jacob to continue…

“You can have the next two hours to clean out your desk. We already cut off your internet service.  It’s 3 pm now. You should be out by 5 pm…”

Raquel had nothing to say…what was this some reality show?  When will the commentator come out…? Candid Camera… You’ve been PUNKED… something?!?

The HR Director did and said nothing.  Jacob got up and went to the window. “You have two hours…”

Raquel’s mind was spinning.  She just built an addition on her house with a second mortgage.  Sure she could call headhunters, but she couldn’t move.  Budget cuts?  But they just hired two staff member last week… Budget cuts?

***

Raquel’s story unfortunately is played out every day in this recession.  What Raquel’s manager and many other managers don’t realize is that Raquel and other jilted employees feel betrayed and start looking for ways to be heard. At this point, they have nothing to lose by pursuing a lawsuit. More than ever, employees know the federal discrimination laws, and know where to file a complaint either with the EEOC or an attorney.  Employees who are well educated or advanced in their careers are more likely to file a complaint. Because they command higher salaries,  possible damages and back pay rewards are lucrative.

What should employees do while on the job or after termination? Leah Hollis, President of Patricia Berkly LLC and author of Unequal Opportunity, Fired without cause? Filing with the EEOC offers several strategies for those considering filing a discrimination lawsuit.

While Raquel was still on the job, hopefully she took basic steps to document her performance by:

  • Keeping all records notes, letters, and emails that discussed her personal performance.  Organizations have a responsibility to keep staff updated about job performance expectations.
  • Keeping a copy of these performance records AT HOME. Similar to Raquel’s case, the
  • Internet, intranet, and computer access is often the first thing an employer shuts down. However, employees don’t have a right to proprietary information, only information on their performance.
  • Professionally confirming the boss’s expectations and objectives in writing shortly after meetings. If an employee has questions, or believes expectations are unfair, she should calmly and logically express these concerns when the expectations are established. Don’t wait for months down the road when unreasonable expectations can’t be achieved.
    • Reading the employee handbook, no matter how boring.  Know the rules that the employer is playing by. They are responsible for adhering to their own policies as well.

 

Raquel was terminated. Being fired is like being punched at recess by the school bully. Most people don’t see it coming, and feel knocked to their feet in front of the world.   Despite her emotional state, she took a deep breath, regrouped and considered her options:

  • Raquel did some soul searching.   Perhaps this was divine intervention.  Was this an opportunity for another career path or to follow other interests?
  • But, on the other hand, those copious notes regarding her job performance were worth their weight in gold as she considered a wrongful termination complaint. Her notes revealed a pattern of gender discrimination since her last boss retired. First of all, she was more qualified than Jacob.

Once Raquel assessed the situation and decided to pursue legal action with a formal complaint, she had two options:

  • A). To seek the EEOC/and state human relations commission to file a complaint. This option cost Raquel nothing.  They conduct the investigation and require the employer to explain why there was a termination.  The complaint must BE CLEAR.  Do you believe you were fired because of your gender, your race, your age (if over 40)?  You must be explicit with this claim and provide documentation of reoccurring instances where your membership in a protected class (gender, race, age, religion, background, pregnancy) was a compelling element in your termination. If the EEOC doesn’t resolve the matter in a year, the terminated employee will often receive a right to sue letter, and can proceed to option B.  At this point, seek an employee attorney since many will take the case on contingency.
  • B). Seek an employment attorney. Whether the employee comes straight to this option OR waits to get the right to sue letter from the EEOC, the complaining employee still needs to have her ducks in a row. The duration of the average lawsuit is 22 months, but in some cases, carries on much longer.  With a strong case, stay with it because it can provide vindication.

After 26 months of exchanging paper work, conciliation meetings and then mediation, Raquel had proven a clear case of gender discrimination. With the assistance of an attorney, she was awarded a year and half back pay, less attorney’s fees.  During the course of the case, Jacob faced two other gender discrimination complaints and resigned from his post before Raquel’s settlement was final.

In 2010, the EEOC reported close to 100,000 new discrimination cases.  Every day, about 550 small businesses are tagged with discrimination lawsuits.

Have you or some one you know experienced discrimination or unfair treatment at work (based on age, race, gender, religion or national origin)? We would like to hear your story.

For more detailed information on this topic and how people have handled various types of workplace discrimination, visit our website at www.diversitytrainingconsultants.com or check out Unequal Opportunity: Fired without cause, Filing with the EEOC on Barnes and Noble.com.

Definition of Bullying

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Definition of Bullying

Definition of bullying

Definition of bullying

 

Definition of Bullying in the workplace includes: harassing, belittling, insulting behavior, especially if enduring such becomes a condition of maintaining a job.

What is the definition of bullying as it applies to the workplace?  The definition of bullying includes harassment, discrimination, belittling and insulting comments… constantly. The definition of bullying is similar to the definition of harassment.  However, the definition of bullying includes ALL people, regardless of race, class or gender.  The definition of bullying also relates to a pervasive behavior, often at the hands of the boss or supervisor.  The definition of bullying should be considered by leadership.  Once the definition of bullying is taken serious, then quarterly training and support for supervisors can eradicate behavior under the definition of bullying.

The definition of bullying should also include the cost of bullying. The definition of bullying should be something that human resources managers along with supervisors.  The definition of bullying should be something the executives consider.  Once the definition of bullying is understood, and the effects of bullying are understood, those who understand the definition of bullying understand that it costs organizations millions of dollars to harbor a bully.  The definition of bullying can lead to health problems; the definition of bullying can create a toxic work environment.  The definition of bullying and those behaviors that comprise the definition of bullying erode an organization and undermine productivity. Those who understand the definition of bullying also understand that the effects of bullying of similar to the stress of those who are subject to sexual harassment.

What is Diversity?

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What is Diversity?

 

What is Diversity?

 

What is Diversity?

Many ask what is diversity is while our organizations are ever changing and facing shifting demands in clientele and resources.  The answer to what is diversity can be found in the very people we hire and serve.  Diversity is a mixture of people, and all of these people are needed to foster an inclusive environment for both internal and external client.  What is diversity?  Consider the changing demographics as over 15 states have a “minority majority” demonstrating that diversity is here to stay. In answering the question what is diversity, organizations should also guard against the type of tension by not honoring the different people on staff. In answering the question what is diversity, organizations should have policies which address religious, racial and gender differences.  In addition, when answering the question, what is diversity, consider the backgrounds within status.  People can generate incivility within class; women harassing women, racial minorities harassing other racial minorities.  By addressing the question what is diversity, leadership styles can address these differences to avoid bullying and create a healthy workplace.

 

What is diversity?

As the community is shifting to being minority /majority by 2040 or sooner, what is diversity is answered by, a good business strategy.  As evident by the commercials featuring more women and racial minorities, our society and resources controlled by these populations show that answering the question, what is diversity, is key to constant evolution.  One way to address the question, what is diversity, is to have proper training, workshops, and assessments of the organizational culture. In addressing the question, what is diversity, organizations can conduct exit interviews, devise safe zones for complaints, and continuously train managers in the best strategies to engage employees. What is diversity is a question that is continuously asked; yet an organization that can answer the question, what is diversity, for its own establishment, is creating a healthy workplace. Reflect on your own organization; what is diversity.  And in answering the question, what is diversity, what is the organization doing to maintain that diversity?

Diversity management at McDonalds?

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Diversity management at McDonalds?

Diversity management at McDonalds?

Diversity management at McDonalds?

 

Some were saddened to read that diversity management might have been lacking at McDonalds here in greater Philadelphia.  Diversity management could have helped McDonalds avoid a very costly workplace bullying case. Lacking diversity management led to a $90,000 settlement for a young man who was bullied at work. Diversity management would have trained the supervisor and staff not to harass this young man with cognitive challenges. Diversity management is not just about developing cultural sensitivity; diversity management would continuously train staff.  An organization like McDonalds is particularly vulnerable when a diversity management plan is not in place.  Staff attrition is high at such jobs, but a diversity management plan can help keep that staff compliant.

Often organizations believe they don’t have time for diversity management. However, consider what happens in the absence of diversity management.  Diversity management could have helped the organization avoid costly legal fees.  Diversity management would have helped this McDonalds avoid a time consuming discovery process.  Diversity management is priceless; diversity management keeps organization compliant with changing trends in hiring, recruitment and retraining.  Diversity management can keep manager educated to avoid Title VII complaints.  Without proper diversity management, organizations expose themselves to staff problems. Diversity management is a necessary cost of doing business… just like any other training.

What is diversity?

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What is diversity?

What is diversity?

What is diversity?

 

According to the US Census, our community is evolving to be a “minority majority” country.  In several states, minority children are actually in the majority under the age of fifteen.  So just what is diversity?  Diversity is beyond a black and white race issue. Then what is diversity?  It is beyond a man versus woman issue?  What is diversity again?  Diversity is about understanding the different background and experiences of people and embracing those differences? What is diversity? It describes a group of people, whether they are in the same race, gender age or background, but understanding they are all unique individuals. What is diversity? It is the fabric of our schools, communities, and workplaces. What is diversity? It is ubiquitous and constant.

What is diversity management?  Diversity management moves beyond the tolerance that we discussed in the 1990s. Diversity management includes a leader’s understanding of what motivates people from different classes, races, regions, ages and experiences.  What is diversity?  From a leadership point of view, it is also the clear knowledge of Title VII, FMLA, and ADA rules that help a manager not only answer the question “what is diversity” but make decisions properly informed by federal laws.  When a staff member asks “what is diversity” and why is it important, a leader can recognize that diversity is at the root of innovation. What is diversity?  It is the germ of diverse ideas and solutions which emerge from a diverse workforce.  When companies engage different demographics and ages, knowing the answer to “what is diversity” can lead the way to opening a new market share, and creating diverse revenue stream.

So when you think, “What is diversity,” it is the current trajectory of our population.  In regard to business, when we think, “What is diversity,” it is at the root of problem solving and innovation.   What is diversity?  The answer changes in every community.  But the answer to “what is diversity” lies in our ability to embrace difference and respect the civil right of each other. What is diversity?  It is just good business.