12 Nonprofit World, Vol. 18, No. 3 for severalreasons: These trainingprogramshavefailed ment throughdiversitytraining. reduce discriminationandharass- Many organizationshavetriedto invite costlylawsuitsandpenalties. dermine productivityandquality, and D chance ofsucceeding. at upperlevels,aprogram hasno in theorganization,especially those Without commitmentfromeveryone receive top-management support. training. relationships afterafewhoursof ples andapplythemtointerpersonal ees canunderstandcomplexprinci- It’s unrealistictothinkthatemploy- entation, andvaluesinonesession. abilities, politics,religion,sexualori- ture, ethnicity, gender, race,age,dis- broad. Theyoftencoverhistory, cul- grams isthattheirapproachtoo BY JUDY ZHU&BRIANKLEINER Is thereabetterwaytopreventworkplacediscrimination? The Failure ofDiversityTraining Goals Aren’t Realistic Diversity trainingoftendoesn’t One problemwithdiversitypro- Aren’t onBoard Top Managers iscrimination andharass- unhappy workforce,un- ment areimportantnon- they cancreatean profit issuesbecause 1 LEGAL counsel differences doesn’t reduceworkplace understanding andvaluing human tion, andsexualharassment. claims forsex,race,agediscrimina- awarded toindividualsasaresultof claims anda38%increaseindollars 1994, therewasa34%increasein suits haveproliferated.From1990to than decreasing,discriminationlaw- short ofitspromisedresults.Rather than racism. against whitesisabiggerproblem to-one margin,thatdiscrimination found thatpeoplebelieve,byatwo- study byPrincetonSurveyAssociates nation hastakencenterstage.A1996 counterrevolution, reversediscrimi- change whitemen.Aspartofthis point ofdiversitytrainingisto people havecometobelievethatthe fires ofanationalbacklash.Many Increased Ratherthan A SetofActionSteps A NationalBacklash Diversity training’s focuson Diversity traininghasfallenfar Diversity traininghasfueledthe Lawsuits Have Decreased sNeeded Is sRaging Is 2 These illegalandcounter-productive part ofourorganizations’ cultures. our societyandthushavebecome behavior patternsdeeplyingrainedin the workplace.Theyresultfrom crimination andharassmentexistin www.danenet.org/snpo 6314 OdanaRoad,Suite1,Madison,WI53719•(608) 274-9777 Published bytheSocietyforNonprofitOrganizations WorldNonprofit •Volume 18,Number3 May/June 2000 I. STOP THEDENIAL Reverse discrimi- nation hastaken steps totake: agers cando.Herearethecorrective culture–something thatonlytopman- tion istochangetheorganization’s differences ispointless. set oftechniquestomanagethose affect employeeswithoutofferinga such asrace,creed,orlifestylemight information abouthowdifferences who believedifferently. Dispensing essary toworkeffectivelywiththose provided therelationshipskillsnec- discrimination. Thetraininghasn’t The firststepistoadmitthatdis- center stage. The waytoreducediscrimina- 2. Hold an Employee Orientation Program Rather than decreasing, discrimination Be sure all employees attend an orientation and education program lawsuits have proliferated. describing your organization’s dis- crimination policy. This program should specify what conduct is behaviors are acted out through 1. Create a Written Policy acceptable and what isn’t. It should refusal of employment, lack of pro- As a preventive measure, you clarify discipline measures to be applied to unacceptable behavior. motions, limited opportunities, sexu- need to adopt a clear, written anti- al intimidation, verbal slurs, negative discrimination and anti-harassment 3. Put a Complaint System in body language, discounting, devalu- policy. This policy should be part of Place ing, excluding, negative labeling, and your organization’s mission and violence. The law states that organi- A discrimination policy is of little vision statements, and it should be value without a way for people to zations aren’t legally responsible for posted in a prominent place. In this report unacceptable behavior. They what employees think or feel, but policy, do the following: should be able to make such reports they are liable for employee behavior both formally and informally. Be sure on the job.3 Therefore, organizations • Warn employees that discrimina- tion and harassment are illegal you have a clearly defined complaint must focus on behavior, not beliefs. procedure that protects both the per- under state and federal law. Changing a culture from within is son who complains and the person tricky. Thus, the best idea is to hire • Provide an anti-discrimina- who is accused. an employment-practice professional tion mission statement. This to conduct an audit of your organiza- statement should specify that dis- 4. Provide an Accountability Procedure tion. Such auditors can tell you if crimination and harassment are behavior in your workplace meets contrary to the policies set forth It is essential to investigate all legal requirements. They can also by the organization, that infrac- complaints promptly, thoroughly, and suggest ways to improve. It is helpful tions won’t be tolerated, and that consistently. A team of impartial investigators should be assigned to to conduct such audits at least once a unlawful behavior will result in interview the accuser, the accused, year, especially early in the change immediate discipline. process. and the witnesses. • Give examples of the types of Inappropriate behavior should be behavior prohibited. answered with swift, decisive action II. REMOVE THE which clearly shows that the behav- DIVERSITY LABEL • Reinforce the organization’s ior won’t be tolerated. Appropriate commitment. Emphasize that all discipline may include counseling. In Some experts recommend elimi- discrimination and harassment flagrant or repeat cases, it may be nating the use of the term “diversity” complaints will be investigated necessary to discharge the offender. in training programs.4 The term lacks promptly and thoroughly, and any- precision and has a negative connota- one found guilty will be disci- 5. Offer an Appeals Process tion to many people. It elicits divisive plined accordingly. Be sure to create an appeals reactions from workers who would process for those who are charged. • Spell out discipline proce- rather be treated as individuals than Also implement a reporting method dures. Make it clear exactly what labeled as part of a group. Thus, it’s so that employees know the results will happen to those who break better not to use such labels. of actions taken and how the charges the rules. Be sure the conse- have been resolved. quences relate directly to the mis- III. ESTABLISH A ZERO- conduct and aren’t left up to indi- IV. DEMONSTRATE YOUR TOLERANCE POLICY vidual interpretation or whim. COMMITMENT Your organization must commit • Describe audit procedures. The solution to reducing dis- to a plan that offers specific action Explain that regular audits of the crimination and harassment lies in steps. There are five important steps policy will be made by profession- redirecting the focus from diversity to this plan: al auditors. training to behavior modification. May • June 2000 • June May

13 14 Nonprofit World, Vol. 18, No. 3 Against Workplace Discriminationand criminators orharassers. consistent inpenalizingprovendis- every complaint,andbefirm ment throughprompthandlingof highly visible.Showyourcommit- to keepyourdiscriminationpolicy tory behavior. will bezerotolerancefordiscrimina- dards, andmakeitclearthatthere Establish no-nonsensebehaviorstan- 1 Verespej, M.,“ZeroTolerance-Movements Provide ongoingcommunication behavior, not Focus on beliefs. Footnotes ■ World, Culture toBuildProductivity,” Nonprofit World Don’t Let ItDestroyYour Organization,” World, Americans withDisabilitiesAct,” of DiversityTraining, crimination, Harassment,andtheFailure Termination Lawsuits, Preventing DiscriminationComplaintsand Legally–A PracticalBusinessGuideto 1997. Harassment,” period. million to$180duringthisfive-year 100,978 andawardsincreasedfrom$130 Database, suchclaimsrosefrom75,258to Lauer, Larry, “UsingYour Organization’s Conroy, Charles,“SexualHarassment: Brinckerhoff, Peter, “Nonprofits&the 4 3 2 Curry-Swan, L., Hemphill, H.andR.Haines, As reportedbythe1994National November-December 1993. March-April 1993. Selected References Industry Week, , March-April1992. Managing Equallyand 1997. 1990. Vol. 246,Jan.6, Nonprofit Nonprofit Dis- Resource Center(608-274-9777). the SocietyforNonprofitOrganizations’ December 1995. Surprises,” Against LawsuitsandOtherChilling Emperor’s NewClothes,OrHowtoProtect Leadership Series,Vol. I&II. March-April 1997. Employee Lawsuits,” Avenue, Fullerton,California92835-2463. tact theauthorsat551SantaBarbara State University, Fullerton.You maycon- human resourcemanagementatCalifornia Brian H.Kleiner, Ph.D.,isprofessorof working andstudyingintheUnitedStates. Beijing andhasadditionalexperience Judy ZhuisagraduateoftheUniversity These publicationsareavailablethrough Sills, Stephen&ScottH.Smith,“The Muehrcke, Jill,ed., Mahoney, John,“ProtectYourself Against Nonprofit World, Nonprofit World, Law &Taxation, November-