Tag Archives: diversity training consultants

The Perfect Storm… Discrimination, Retaliation, Lawsuit, Settlement

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The Perfect Storm… Discrimination, Retaliation, Lawsuit, Settlement

The Perfect Storm… Discrimination, Retaliation, Lawsuit, Settlement

 

A discrimination law suit is much like a perfect storm… it can come from all four directions, and wreck an entire organization

Let me tell you a story.

Imagine an older staff member has been passed over for a position.  While the organization might have its genuine rationale for choosing the younger candidate, our colleague over 40 is still dismayed.  Perhaps the younger candidate has more direct experience, or more education.  Nonetheless, your older staff member takes issue with being passed over.  He then files an internal complaint that specifically invokes Title VII legislation by stating he feels he was passed over because of his age.

The organization is now at a cross roads.  Whether the complaint is valid or not, our over forty colleague has invoked Title VII protections.  Here is the forecast of the perfect storm.    The organization can get mad, and immediately take a defensive posture, claiming there is no way that age discrimination exists,  simply because there are policies against it.   Nonetheless, the organization conducts an investigation and interviews a number of people.  Once the investigation is complete, the complainant is transferred to another department because his manager doesn’t want to deal with a complainer.

The perfect storm still brews as every single person who participated in that investigation is also protected by Title VII.  The transferred colleague now has a clear retaliation charge; because he was transferred after he made a complaint.  If he views the transfer as a downgrade or unfair change, this age discrimination case now morphs into a retaliation charge.  Further, if the participants in the investigation face adverse employment actions, demotions, transfers, even uncustomary poor performance evaluations, they too will have retaliation charges.  As an organization can see, ill feelings about being passed over have quickly mushroomed into retaliation complaints which can cost easily $75,000 a piece to defend.

While the original complaint of age discrimination might not have yielded a finding in favor of the complaint, if the complaint is mishandled,  the subsequent retaliation charges can embroil an organization for years.   Patricia Berkly LLC helps organizations anticipate these problems and guides managers through sticky situations which can land the organization in court. The recent book Unequal Opportunity, offers details about these types of cases, and  suggests solutions for managers.  Visit www.diversitytrainingconsultants.com for more details.

Death by Association, Cultural Diversity Training Activities

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Death by Association, Cultural Diversity Training Activities

Death by Association, Cultural Diversity Training Activities

Death by Association, Cultural Diversity Training Activities

Cultural diversity training activities would keep managers and staff apprised of a recent trend in discrimination.  Cultural diversity training activities would remind staff that decisions made by association to a protected class are also actionable under Title VII.  For example,  cultural diversity training activities should educate staff that refusing to hire a woman because of perceived conflicts she might have taking care of her disabled husband is a violation of Title VII.  Cultural diversity training activities would educate staff that penalizing the care giver of a pregnant partner or child is a problem.

Cultural diversity training activities are meant to assist managers from making unlawful assumptions about staff who are associated with family who are protected under Title VII.  Cultural diversity training activities would educate staff that the most frequent occurrence happens in a mixed marriage situation. The white staff member who is penalized for a having a spouse or partner of a different race, or multi racial children should also know through cultural diversity training activities that they are protected if a boss discriminates against them because of the association. Cultural diversity training activities are critical for both the employee and the manager. Cultural diversity training activities should educate beyond social engineering; cultural diversity training activities should include EEO rules updates.

Managers can benefit from cultural diversity training activities. Regular cultural diversity training activities keep an organization up to date regarding discrimination by association.  Other topics of cultural diversity training activities would highlight the baby boomers and the rise in age discrimination. Cultural diversity training activities will update staff on the trends in women holding a majority of American jobs.  Cultural diversity training activities are a necessary part of conducting business and these same cultural diversity training activities are indispensible as cultural diversity training activities which support EEO rules training are critical in keeping organizations safe from discrimination complaints.

Diversity Training Programs in Companies and EEO Rules Updates

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Diversity Training Programs in Companies and EEO Rules
updates

 

Diversity Training Programs in Companies and EEO Rules
updates

 

Diversity Training Programs in Companies and EEO Rules
updates

 

Diversity training programs in companies which include EEO
rules training would keep employers up to date on changing EEO rules. Since the
beginning of 2011, there have been five major cases decided at the Supreme
Court level which could be the subject of diversity training programs in
companies . Diversity training programs in companies should update staff on
changes in retaliation definition and the legality of oral complaints.  For example, diversity training programs in
companies would inform management that even an oral complain carries legal
merit. Diversity training programs in companies would also show that “zone of
interest” and common injury in class received major attention in decision. Diversity
training programs in companies can review the Wal-mart case and the American
Stainless case as critical points in rules education.  In short, diversity training programs in
companies are necessary to keep staff and managers up to date on rules changes.
Though many US leaders find that diversity is not a major concern, diversity
training programs in companies would show that workplace discrimination cases
are at an all time high.

 

Diversity training programs in companies need not be dry and
boring. Diversity training programs in companies should be informative and engaging.  Further, diversity training programs in
companies should be up to date and applicable to the client.  For example, diversity training programs in
companies could address age discrimination for organizations with multi-
generational staff.  Diversity training programs
in companies should review the nuances of gender discrimination for a staff
that has such gender diversity.  While many
might think they don’t have the time for diversity training programs in companies
these very diversity training programs in companies can save an organization hundreds
of thousands of dollars.

 

Diversity training programs in companies can also be
supported with up to date texts, such as Unequal Opportunity, a book written
by Patricia Berkly LLC president, Leah Hollis.
The book provides managers with the insight of complainant behavior. As a
result, diversity training programs in companies can rely on this resource to
help organization anticipate problem and minimize the threat.

Discrimination: Some Unusual Cases

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Diversity Training Consultants

 

Diversity Training Consultants Patricia Berkly

 

Diversity Training Consultants Patricia Berkly: Discrimination

 

Diversity training consultants should be prepared to deal with the other side of discrimination.  Diversity training consultants should know that women can be just as sexist as men.  Diversity training consultants should realize blacks can be just as prejudiced as whites. Diversity training consultants are best prepared when realizing human nature drives discrimination. When someone is in power and in the position to harass and discriminate, regardless of race or gender, they still break the law.  Diversity training consultants should be aware of the dynamics of bias and prejudice that manifest in all people.  Diversity training consultants should not rule out the possibility of off color comments from any group.

For example, Dr Hollis, one of the diversity training consultants for Patricia Berkly LLC, recently advised a white staff member who was the target of racism and disability discrimination at a predominantly black organization.  In this case, the diversity training consultants should recognize that the staff was denied promotions and funding for her special population; this treatment certainly smacks of disparate treatment. Diversity training consultants, who are trained to understand the basic human nature of bias, can prepare accordingly. Diversity training consultants then are a resource for all, not just the traditional targets of discrimination.

In terms of bullying, diversity training consultants should learn that often women are some of the biggest perpetrators.  Diversity training consultants should not assume that bullies only come in one shape or size.  Instead, diversity training consultants should be prepared and inclusive in their preparation and presentation.  Diversity training consultants have a responsibility to all participants; and diversity training consultants should recognize their own bias and plan for methods to work through such to better serve all in attendance.

Leah Hollis, Founder and President of Patricia Berkly LLC interview women across all demographics.  In turn, the book, Unequal Opportunity, has become a resource for diversity training consultants to consider the issue of race, age, pregnancy, and gender discrimination. Diversity training consultants can use this book as a resource. Diversity training consultants can also refer HR representative to this information to help them avoid discrimination lawsuits.  Diversity training consultants can find the book on amazon.com or barnesandnoble.com.  Diversity training consultants should remain objective and prepared to address the concerns of the entire audience.

Costly Remarks

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Diversity Training Consultants

 

Diversity Training Consultants Patricia Berkly LLC

 

Diversity Training Consultants Patricia Berkly LLC: The Milliren Case

 

Diversity training consultants who inform institutions of EEOC rules updates should coach participants regarding hostile environment. Diversity training consultants can help organizations avoid the complaints and court procedures can stem from constant off color remarks.  Recently, the EEOC has filed a case in regard to Kim Milliren who claims that she faced discrimination during a management training program at Schwan’s Home Service.  Diversity training consultants could have helped the company realize that constant remarks and emails about her gender could result in a formal complaint.  Further, diversity training consultants would also help organizations realize that once Milliren complained, retaliation should become a concern. Diversity training consultants can be valuable assets, and a fraction of the cost of defending a case in court.

Diversity training consultants also should consider another aspect of this case, the performance.  Diversity training consultants who offer EEO rules training should inform managers to document everything regarding to performance. Diversity training consultants who focus on the EEO laws can guide organizations through critical procedures in diversity management.  With the proper documents, diversity training consultants would help this organization keep proper files on all employees to defend the charge that the Milliren’s poor performance was occurring after her complaint, thus making it retaliation.

Diversity training consultants who provide proper support find themselves as an invaluable asset.  Diversity training consultants can provide services that not only support an environment and inclusion, but also assist management is proper diversity management.  Diversity training consultants who assist with diversity management be a proactive solution to managers who need to stay updated on the EEO rules and avoid the costly distractions generated by discrimination law suits.

There are other critical points in the Milliren case that diversity training consultants should consider in working with EEO rules training.  There are questions about the statue of limitations, which in this case was 300 days. Diversity training consultants can also review Milliren’s charge of systemic sexism.  Lastly, diversity training consultants would inform all parties that there are no winners.  As this case was just filed July 2011, diversity training consultants can also work with managers during the months or even years that this case grinds on.  Often if one person is complaining, several others might feel the discrimination at the hands of the same manager.  There is always work for the diversity training consultants.