Chapter 2 : Equal OpportunityLaws 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 Cross-Cultural 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

• 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.

The U.S. is becoming more diverse

by the day:

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