Introduction Pg 1 Welcome to Diversity and Discrimination for Employees. to Learn How to Navigate This Course, Select the Next B

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Introduction

Pg 1 Welcome to Diversity and Discrimination for Employees.

To learn how to navigate this course, select the Next button now.

Pg 2 The buttons at the bottom of your screen will help you navigate this course. Use the Back and Next buttons to go backward or forward through each lesson. As you go through the course, you will always find the Table of Contents in the drop-down menu along the top of the screen. Run your mouse over the list of lessons at the top of the screen and you will see these drop-down menus. Your first time through the course, you can look at the contents in these drop-down menus, but you will not be able to skip ahead. After you go through the course once, you can use the Table of Contents to skip around and review for the exam.

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Pg 3 You can control each page's audio using the Play/Pause button at the bottom of the screen. The Audio On/Off button allows you to disable audio for the course.

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Pg 4 The Resources button appears when additional learning tools like printable documents or web links are provided.

Select the Resources button at the bottom of the page now to visit J. J. Keller’s website. The site will open in a new browser window and will not interfere with your movement through this course. If the site does not open, you may have a pop-up blocker enabled. We’ll talk more about disabling pop-up blockers on the next slide. Simply close the new browser window to return to the course.

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Pg 6 Parts of this course feature video. The Video Player controls are detailed in the image on the screen.

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Pg 7 Check out the Course Highlights document for an overview of the interactive activities you'll find in this course. Download Course Highlights by selecting the Resources button on this page.

Pg 8 When you select Next, you will begin the Pretest for this course. Your score will be reported to you, but will not be recorded. There are 15 questions in this pretest.

Pg 10 This course will help you navigate the complexities of working in an increasingly diverse workforce. You’ll learn what diversity in the workplace means, and the benefits and challenges of having a diverse workforce. You’ll also learn how discrimination happens in the workplace, what circumstances can lead to a charge of discrimination and which classes of employees find protection under the law.

Pg 11 When you hear the word “diversity,” you probably think about affirmative action policies and laws like the Civil Rights Act. You may recall high-profile news stories about lawsuits involving race or sex discrimination.

You may also think that workplace diversity doesn’t apply to you. Only lawyers and human resource professionals need to deal with diversity issues, right?

The truth is that diversity affects everyone in the workplace.

Pg 12 Most people think of race and gender when they consider diversity issues, but the word “diversity” applies to much more than a person’s skin color or gender.

Workplace diversity refers to all the characteristics, perspectives, abilities and experiences—both similarities and differences—that people bring to an organization.

And that means that every workplace is a diverse workplace.

Pg 13 A diverse workforce can lead to intolerant attitudes, harassment and employment discrimination. Treating people unfairly based on race, religion, gender, ethnic or national origin, age, physical capabilities or any other attributes that make us different, is discrimination. Certain types of discrimination are prohibited by federal and state laws. These laws are intended to address workplace conflicts and ensure fair treatment and equality in employment practices.

As a member of a diverse workplace, you have both rights and responsibilities for addressing conflicts and encouraging a workplace culture that embraces everyone’s experiences and perspectives. You and your co- workers deserve a work environment of tolerance and respect—a place where you all can be productive.

Diversity in the Workplace

Pg 2 Think about all the ways that you are both similar to and different from your co-workers. Some similarities and differences might be obvious, but many others may not be so visible. You can probably identify:

Similar and different physical traits, or shared experiences and interests that you’ve learned about your co-workers from interacting with them.

Pg 3 Some obvious similarities and differences may include race and ethnic heritage, age, gender; but they may also include less over things like social or economic class, cultural heritage, language, religious or spiritual beliefs, education, sexual orientation, skills, physical and mental abilities, public assistance status and even work styles.

When you think about it, your workplace is a pretty diverse place, isn’t it?

Pg 5 Diversity, however, is not about categorizing all the people in an organization by a particular trait, such as skin color or gender; nor is not about singling out a particular characteristic to define each person in a workplace.

You, and everyone you work with, have many characteristics that define who you are, it’s true, but it is this complex combination of different characteristics – and not necessarily the ones that you would think of or that are readily visible – that determines how you perform workplace tasks, approach problems and interact with others.

And that’s why diversity is created by all of the characteristics that contribute to the ways in which each person thinks and acts in the workplace.

Pg 6 Diversity builds the best, most talented workforce possible—one that mirrors the people we serve. That—along with preventing discrimination—is what accepting and valuing diversity is all about.

Pg 8 The great diversity that exists in today’s workforce presents advantages and opportunities for both employers and employees. A diverse workforce offers a variety of skills and perspectives for problem-solving and can open minds to new possibilities and experiences. When each individual contributes to the workplace, everyone’s morale and motivation are improved, which increases productivity. A new employee in your department may have a lot to learn about your company, but he or she could offer new ideas for dealing with a problem or handling the workload.

Furthermore, one of your co-workers who speaks a language other than English may be better able to communicate with customers who also speak that language. For this reason, diverse organizations may also be able to serve and keep international customers. Multi-lingual departments (such as sales, marketing and customer service) may have more first-hand understanding of the needs of a larger market than those where only one language is spoken.

Pg 9 Because the market is changing, success in today’s economy requires employees to think in different ways, and to adapt to a variety of new and changing conditions. Accordingly, workplaces that are becoming more diverse to address this change are the ones that will continue to thrive.

Studies have shown that a diverse workplace:

• Is more profitable,

• Is more productive,

• Has lower absenteeism and turnover,

• Sees a decrease in complaints and litigation, and

• Enjoys an improved public image.

Pg 10 A workplace that embraces diversity has a culture of inclusion. The Society for Human Resource Management defines inclusion as:

"The extent to which each person in an organization feels welcomed, respected, supported and valued as a team member."

Inclusion differs from acceptance because it is an active approach in which individuals welcome and interact with one another. Acceptance, on the other hand, is:

"Passive acknowledgement and categorization of differences."

By becoming more aware of diversity issues in your workplace, you can help to create a culture of inclusion that values every employee.

Pg 13 Just as a diverse workplace can improve morale and create a business advantage, it can also present challenges and the potential for conflict. An increase in diversity may cause growing pains in the form of discrimination or harassment.

Anti-discrimination laws address some of the conflicts that develop due to diversity issues. But the laws cannot address all the diversity conflicts that might occur in a workplace. Therefore, becoming aware of real and potential diversity issues in your workplace may help you prevent discrimination conflicts and complaints.

Pg 14 Help create a culture of inclusion in your workplace by exhibiting behaviors that show you value diversity, and refrain from behavior that demeans others. Inappropriate behavior can include:

• Offensive jokes, slurs or name calling;

• Unwanted physical contact or touching;

• Physical assaults, threats or intimidation;

• Ridicule or mockery, as well as insults or put-downs;

• Offensive objects or pictures; and

• Interference with work performance.

Pg 15 Avoid making comments about other workers based on their appearance or the way they speak. Keep an open mind about the different talents, abilities and perspectives offered by all of your co-workers. You may find that someone has a great solution you hadn’t thought of to a problem that’s been dogging your department.

Make a conscious effort to use gender-neutral language, such as “postal worker” instead of “mailman,” “firefighter” instead of “fireman,” and “flight attendant” instead of “stewardess.”

Be on the alert for harassing behavior in others, and don’t go along with others who engage in that kind of behavior. Report any harassing behavior to your supervisor or human resources department. It’s possible that someone else complained, and the company will want to know who else may be affected.

Pg 17 The video on the next page depicts a scene in which a group of employees discuss a coworker who is not present. As you watch the video, be prepared to answer a follow-up question.

Select Next to continue.

Discrimination

Pg 2 Both federal and state laws address issues of workplace discrimination. Your workplace probably has policies that prohibit discrimination and harassment. But do you really know what discrimination means?

In a legal sense, discrimination is any "adverse action" taken against an employee or applicant on the basis of that person belonging to a "protected class."

Select Next to look more closely at what these definitions mean.

Pg 3 An "adverse action" includes things like a refusal to hire or promote someone. It can also include offensive comments or jokes made by co- workers.

"Protected classes" include characteristics such as age, gender, religion, national origin, race, disability and even pregnancy. For example, if a supervisor refuses to promote someone because "he looks Middle Eastern," or employees make sexually suggestive comments to a female co-worker, their actions are directed at a protected class and are discriminatory.

Pg 5 Workplace discrimination is largely addressed by Equal Employment Opportunity Commission (EEOC) laws. The laws are intended to ensure fair treatment and equality in employment practices. They provide legal remedies for people in protected classes who have experienced employment discrimination. The laws are enforced primarily, but not exclusively, by the EEOC. You can learn more about the EEOC by visiting their website at eeoc.gov/.

Pg 6 Anti-discrimination laws apply in cases of discrimination toward peers as well as subordinates and superiors. They apply to pre-employment hiring practices as well as policies and practices for existing employees in most workplaces with at least 15 employees (20 employees in the case of age discrimination).

The EEOC has established a list of prohibited practices to help workplaces avoid discrimination issues. These prohibited practices provide guidelines for workplace behavior. Behavior that you might consider discrimination may or may not be illegal, depending on circumstances. For instance, a single offensive joke doesn’t usually break the law, but a pattern of offensive behavior can be unlawful. Some behaviors, like swearing, may be offensive—but they aren’t always discriminatory.

Pg 8 Harassment is the most common form of discrimination between co- workers. Harassment can include any unwelcome verbal or physical conduct. It can range from mildly annoying comments to threats of violence or assault. A single verbal statement can be harassment if it’s a threat, but most minor, offhand comments are not unlawful harassment unless they’re part of a pattern of behavior. Conduct that doesn’t alter the conditions of the victim’s employment is generally not considered unlawful.

However, a person’s reaction can affect whether offensive behavior is unlawful. The same comment may have different effects on different people. For example, some people may laugh at a tasteless joke about a handicapped person, but the same joke may be offensive to a mother with a disabled child.

Whether an action is illegal or not, every employee has the right to a workplace free from discrimination.

Pg 10 Generally, discrimination takes one of two forms:

• A hostile work environment, which usually involves a pattern of offensive or unwanted behavior from one or more co-workers; or

• Employment actions, like a refusal to hire or promote on the basis of a protected class, or "quid pro quo" harassment.

Select Next to learn more about hostile work environment and "quid pro quo" harassment.

Pg 11 A hostile work environment is typically created by co-workers, while employment actions are generally taken by someone in a position of authority. The term "quid pro quo" means "this for that" in Latin. A typical example would be a supervisor offering a promotion in exchange for sexual favors.

A hostile work environment typically involves a pattern of behavior; a single incident usually isn’t unlawful unless the conduct is severe enough to interfere with the affected person’s employment. However, an employment action (like a refusal to hire) has an immediate effect on employment. Even a single decision by a supervisor can break the law.

Pg 14 To determine whether a hostile work environment exists, questions revolve around the nature and extent of the offensive behavior.

The nature of the behavior considers the target of the behavior. To be considered unlawful, the offensive conduct must be regarding a protected class. Otherwise, it may be rude or uncouth, but it’s not discrimination. For example, the law doesn’t prohibit employees from making fun of a coworker for being left-handed, or for owning a cat, because these aren’t protected characteristics.

The extent of the behavior considers the level of disruption. To be unlawful, the conduct must be severe enough and frequent enough to disrupt a reasonable person’s work. This often raises the question of “how much is too much.”

Pg 15 There's a difference between offensive behavior and workplace banter. You may exchange friendly jokes and jibes with your co-workers, and this usually isn't a problem if no one gets offended.

However, workplace banter can be a problem if it's directed at someone in a protected class. Have you ever heard jokes in your workplace—or even told them yourself—about older workers "slowing down" or "needing an afternoon nap"? These comments may seem harmless, but they could lead to a charge of age discrimination. The fact that such jokes were allowed could provide merit for the claim if the jokes created a hostile work environment—even if your co-worker laughed at the jokes.

If this doesn’t seem to make much sense, consider how you might feel if you were in your co-worker’s shoes. You might laugh along at the jokes to hide your discomfort. You might be reluctant to complain about a few jokes because you worry about how your supervisor will react, whether other workers will find out who "squealed," or whether the complaint will "get someone in trouble." All of this over small-minded jokes: wasted time, lost productivity, hurt feelings, uncomfortable discussions with management and last but not least, a possible lawsuit...

Pg 16 Unlike situations involving a hostile work environment, employment actions don’t need to show a pattern of behavior because the behavior causes an immediate effect on employment. In many cases, the discrimination may not be intentional. However, the fact that a policy or behavior was not meant to discriminate is not a defense against a claim.

Unlawful employment actions can be directed at a particular person or class, or they can indirectly affect people in a protected group. Unlawful employment actions can also include discrimination based on association with someone in a protected class. An example might be a refusal to hire someone who has a disabled child on the assumption that the employee would require additional leave to care for the child.

Pg 17 Assumptions and stereotypes about people in a protected class cannot be a factor in an employment action. For example, a company cannot refuse to hire a minority based on the assumption that the turnover rate is higher among minorities,

Or refuse to hire a female based on the assumption that women may require pregnancy leave. Employees and applicants must be considered based on individual capacities, not on characteristics generally attributed to a protected class.

Cases where a protected class was considered along with legitimate factors are known as "mixed motive" cases. Consider the example of a male employee who is promoted instead of a female employee, even though both have the same qualifications and seniority. This isn’t automatically discriminatory, but if the man was promoted because it was believed that a woman "wouldn’t be aggressive enough" for this position, then gender was a factor in the decision. The fact that the male was also qualified is not a defense.

Pg 18 Retaliation is a common problem after a discrimination complaint has been made. Retaliation is an action against an individual for complaining of discrimination, helping with an investigation (like giving a witness statement), or opposing discriminatory practices. Any action that might deter a reasonable person from opposing discrimination could be considered retaliation.

Retaliation can include harassment, practical jokes, or any other offensive conduct taken to "get back" at the person who complained. Fear of retaliation is the most common reason that employees fail to report harassment.

Pg 19 If a company follows a policy that has not been uniformly applied in the past, it could be considered retaliation. For example, if one employee is fired for misconduct but other employees who engaged in the misconduct were only given a written warning, the unequal application of the policy may appear to be retaliation.

Even changes within an employee's responsibilities can be retaliation. In other words, if another employee might look at the situation and think, "I don’t want that to happen to me," the action could be unlawful.

Pg 21 Refusing to hire someone based on race, gender, or other protected characteristics is against the law. Yet, during 2010, the EEOC received 99,922 complaints of discrimination against private employers.

Most claims filed with the EEOC involve direct discrimination, such as "I was fired because I’m Hispanic," or "I wasn’t hired because I’m female." Generally, a workplace policy or hiring practice must be based on business necessity, which means it is necessary for an organization to achieve its objectives and to operate safely and effectively. For example, a modeling agency will likely have a legitimate business purpose to hire only men for a job that requires them to model men’s clothing. Many other organizations would have a difficult time proving a business necessity to always hire men over women.

A policy that unintentionally discriminates can also result in charges and liability. Unintentional discrimination is something that appears neutral, but is still damaging to employees in a protected class. For example, physical requirements that might tend to screen out females would be discriminatory unless the workplace could show a business necessity for the requirements.

Pg 23 The EEOC requires that a complaint of discrimination be filed within 180 days of the alleged discriminatory act. When a complaint is filed, the EEOC tries to resolve the dispute through mediation. If mediation doesn’t work, the EEOC may decide to litigate, or the affected person may file a private lawsuit.

Pg 24 An investigation of a claim considers why the company took the action. Employees and applicants must be considered based on individual capacities, not on general characteristics or assumptions. If the company action was taken on the grounds of a person’s protected class, it probably broke the law. However, if there was a legitimate reason behind the action, it might not have broken the law.

A discriminatory motive doesn’t need to be the sole reason—it only needs to be a motivating factor. The law provides exemptions for bona fide occupational qualifications, and for seniority or merit systems.

Pg 25 Whether handled internally or through an EEOC complaint, a charge of discrimination can result in extensive legal fees—not to mention a great deal of stress and lost productivity for everyone involved. Stopping offensive behaviors before the conduct violates the law is the best approach for everyone.

How the Laws Apply

Pg 2 Federal and state laws don’t generally require preferential treatment for those in protected classes. They are anti-discrimination laws, not Affirmative Action requirements. These laws prohibit discrimination on the basis of a protected characteristic in any aspect of employment, including:

• Hiring, firing and recruiting;

• Transfer, promotion, layoff, or recall;

• Compensation, benefits and use of company facilities;

• Training and apprenticeship programs;

• Retirement plans and disability leave; or

Other terms and conditions of employment.

Pg 3 Most of the laws apply to all private employers, state and local governments, educational institutions, private and public employment agencies, and labor organizations that employ 15 or more individuals. Some exceptions apply for particular laws and employers. Under the EEOC laws, your company must post a notice of employee rights.

The notice must be accessible to persons with disabilities that affect their ability to read the posting. Many states also require employers to display a poster that lists the additional state protections and contact information for the state agency.

Pg 4 The Age Discrimination in Employment Act (ADEA) protects employees and applicants who are 40 years of age or older from age-based discrimination. This includes any condition of employment, like hiring, promotion, compensation, benefits, job assignments and training. For example, job notices or advertisements can’t include age preferences or limitations.

Pg 5 The videos on the next two pages depict a scene in which two supervisors discuss the possibility of the layoff of an employee, Arnie. Use your knowledge of diversity and discrimination to determine whether or not the layoff would be in violation of your rights as an employee.

Select Next to continue.

Pg 8 Employers are not prohibited from considering the experience, performance and demonstrated abilities of employees and applicants. For example, if considering reasonable factors like these reveals that an employee under 40 is more qualified than an employee over 40, no age discrimination would occur if an employer hired or promoted the younger applicant or employee. The law would prohibit the employer from rejecting the older employee solely based on age.

Pg 9 The Americans with Disabilities Act (ADA) provides protections for employees with disabilities. The ADA is different from most other discrimination laws because it requires reasonable accommodations for qualifying individuals. A disability is a physical or mental impairment that substantially limits one or more major life activities. An individual is protected under ADA if he or she has an impairment, has a record of such an impairment (such as a history of cancer), or is regarded as having an impairment.

Pg 10 An employer cannot discriminate on the basis of pregnancy, childbirth, or related medical conditions. Pregnant women must be treated in the same manner as other applicants or employees with similar abilities or limitations, and a pregnant woman can’t be turned down for employment because of her pregnancy.

In addition, pregnant employees must be permitted to work as long as they’re able to perform their jobs, and the job must be held open for the same length of time jobs are held for employees on sick or disability leave.

Pg 11 Gender (sex) discrimination means treating an employee or applicant less favorably because of his or her gender. The law prohibits both intentional discrimination and job policies that tend to exclude individuals on the basis of gender. For example, reducing benefits to female employees because they might require more leave due to pregnancy would be sex-based discrimination.

Sex-based discrimination is the second most-frequently made claim to the EEOC. Race-based discrimination is the most-frequently made claim to the EEOC. (Select Next to explore Race-based discrimination in greater detail.)

Pg 12 An employer cannot discriminate against an employee or applicant, regardless of citizenship status, because of his or her racial group or perceived racial group, race-linked characteristics (like hair texture, color, or facial features), national origin, accent, or because of marriage to or association with someone of a particular race, color, or national origin.

Pg 13 An employer cannot discriminate against individuals because of their religion, including moral or ethical beliefs that are sincerely held with the strength of traditional religious views. The fact that no religious group follows such beliefs will not determine whether it’s a religious belief.

An employer must accommodate an employee’s sincerely held religious beliefs or practices unless doing so would impose an undue hardship. Employees can’t be forced to participate, or be kept from participating, in a religious activity as a condition of employment.

Pg 14 The video on the next page depicts an employee asking a supervisor for time off for religious observations. After watching the segment, you will need to answer one follow-up question.

Select Next to continue.

Pg 16 The Equal Pay Act states that men and women must receive equal pay and benefits when they:

• Are employed in the same establishment;

• Perform jobs requiring equal skill, effort and responsibility; and

• Perform under similar working conditions.

Any wage difference between men and women must be justified. Possession of a skill that isn’t needed or used for the job doesn’t qualify.

Pg 18 Workers’ compensation laws differ from state to state, but all have provisions that prohibit retaliation against employees who file workers’ compensation claims. However, the laws generally don’t include job protections. Employees who file workers’ comp claims do not have to be returned to their former jobs. An employee who files an injury claim does not have any greater rights to continued employment than any other worker.

Pg 19 The Family and Medical Leave Act (FMLA) offers up to 12 weeks of job- protected leave for employees with serious health conditions, including pregnancy. The FMLA is an entitlement, not a voluntary benefit, so your company must comply with the law.

However, an employee on FMLA leave can be fired or disciplined for non FMLA-related reasons while on leave as long as the employee is treated like any other employee.

Pg 20 The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides reemployment rights for five years for any employee who is absent from work while on military duty.

Your company must re-employ that person at the same seniority, pay and benefits levels that he or she would have attained if that person had not been absent. Employers also cannot discriminate against employees who intend to join one of the uniformed services, such as by denying the employee a promotion.

Pg 21 The National Labor Relations Act (NLRA) prohibits union and non-union employers from refusing to hire someone suspected of being a union organizer or affiliated with a union. It is also illegal to discriminate against employees for participating in union activities (including organizing efforts), to retaliate against employees for exercising their union rights (such as filing a grievance or a charge of unfair labor practices against the company they work for), or to take harsher disciplinary action against an employee because of involvement in unionizing.

Pg 22 A "whistleblower" is someone who reports actions within the company that he or she believes to be illegal or improper. Whistleblowing activities may include reporting to management, to a board of directors, or to a government agency. Any employee who reports an employer for any violation of law is likely protected by some "whistleblower" protection statute or rule of law.

Pg 23 The most common protections offered by states that are beyond the scope of the federal laws include discrimination based on sexual orientation, marital status, military discharge and criminal or arrest records.

For example, under some state laws, an employer can’t refuse to hire someone based on sexual orientation, refuse to promote a married employee because it is believed that an unmarried employee is better able to handle the travel demands of a position or use arrest or conviction information in employment decisions.

Pg 24 State laws regarding arrest and conviction records also follow the "business necessity" standard. An employer generally can’t use arrest or conviction information in employment decisions unless there’s a relationship to the job; for example, employers would not be required to hire someone convicted of embezzlement as an accountant.

Conclusion

Pg 2 Diversity can strengthen and improve an organization by offering different viewpoints, new methods, fresh approaches and a broadened awareness of different cultures. Since customers have become more diverse, employees who can understand and serve them can help make organizations more successful.

Both companies and their employees have a role to play in promoting an inclusive workplace environment - one that is comfortable for and welcoming of people from different backgrounds. This includes following the laws that prohibit discrimination.

Pg 3 Certain types of discrimination are prohibited by federal and state laws to address workplace conflicts and ensure fair treatment and equality in employment practices.

Anti-discrimination laws have a lot of complex details, but many of the same provisions apply to all protected classes. In short, an employer can’t take an employment action against an employee or applicant, or harass an employee or applicant, on the basis of a protected class. This applies to all terms and conditions of employment. Violations may occur when employees either don’t understand why their actions are wrong, or in certain cases of intentional discrimination, simply don’t care. Preventing discrimination may involve the recognition and willingness to report unwelcome conduct.

But offensive behavior of any kind, even if it isn’t based on a protected characteristic, should not be tolerated.

Pg 4 You should now have knowledge of the following:

• What diversity is,

• The benefits and challenges of diversity in the workplace,

• How to recognize sexual harassment, understanding the ways people can and do disciminate/alienate people in protected classes,

• The EEOC and filing complaints,

• Federal and State provisions against discrimination, and

• The many types of protected classes and various forms discrimination can take.

If you need a little more review, select the Resource button for the short compilation, "Diversity and Discrimination."

Pg 5 Now that you've covered everything in the course, it's time to review for the exam. To help you prepare for the exam, you can now move back and forth within the course. Use the drop-down menus at the top of the screen, or the Back and Next buttons at the bottom.

The review questions will also help you review main concepts covered on the exam. Select Next to download the review questions.

Pg 6 The review questions will open in a separate window. Keep this original window open. That way when you don't know an answer, you can go back into the course and find it. Once you've finished the review questions and have finished studying, continue on to take the exam.

To begin the review questions, select Resources.

Pg 7 Now it’s time to take the final exam. This exam includes 15 questions. If you close the exam before finishing, your answers will not be saved for later.

You will have three chances to take the final exam. Your highest score will be recorded.

To begin the exam, select Next.

Pg 9 Congratulations! You have completed this course.