LEGAL counsel The Failure of Diversity Training Is there a better way to prevent workplace discrimination? BY JUDY ZHU & BRIAN KLEINER iscrimination and harass- A National Backlash ment are important non- Is Raging profit issues because Reverse discrimi- they can create an Diversity training has fueled the nation has taken unhappy workforce, un- fires of a national backlash. Many Ddermine productivity and quality, and people have come to believe that the center stage. invite costly lawsuits and penalties. point of diversity training is to Many organizations have tried to change white men. As part of this reduce discrimination and harass- counterrevolution, reverse discrimi- discrimination. The training hasn’t ment through diversity training. nation has taken center stage. A 1996 provided the relationship skills nec- These training programs have failed study by Princeton Survey Associates essary to work effectively with those for several reasons: found that people believe, by a two- who believe differently. Dispensing to-one margin, that discrimination information about how differences Goals Aren’t Realistic against whites is a bigger problem such as race, creed, or lifestyle might than racism. affect employees without offering a One problem with diversity pro- set of techniques to manage those grams is that their approach is too Lawsuits Have differences is pointless. broad. They often cover history, cul- The way to reduce discrimina- ture, ethnicity, gender, race, age, dis- Increased Rather than tion is to change the organization’s abilities, politics, religion, sexual ori- Decreased culture–something that only top man- entation, and values in one session. Diversity training has fallen far agers can do. Here are the corrective It’s unrealistic to think that employ- short of its promised results. Rather steps to take: ees can understand complex princi- than decreasing, discrimination law- ples and apply them to interpersonal suits have proliferated. From 1990 to I. STOP THE DENIAL relationships after a few hours of 1994, there was a 34% increase in training. claims and a 38% increase in dollars The first step is to admit that dis- awarded to individuals as a result of crimination and harassment exist in Top Managers claims for sex, race, age discrimina- the workplace. They result from Aren’t on Board tion, and sexual harassment.2 behavior patterns deeply ingrained in Diversity training often doesn’t our society and thus have become receive top-management support. A Set of Action Steps part of our organizations’ cultures. Without commitment from everyone Is Needed These illegal and counter-productive in the organization, especially those Diversity training’s focus on Nonprofit World • Volume 18, Number 3 May/June 2000 at upper levels, a program has no understanding and valuing human Published by the Society for Nonprofit Organizations chance of succeeding.1 6314 Odana Road, Suite 1, Madison, WI 53719 • (608) 274-9777 differences doesn’t reduce workplace www.danenet.org/snpo Nonprofit World, Vol. 18, No. 3 Vol. World, Nonprofit 12 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 Harassment,” Industry Week, Vol. 246, Jan. 6, Mahoney, John, “Protect Yourself Against 1997. Employee Lawsuits,” Nonprofit World, Focus on 2As reported by the 1994 National March-April 1997. Database, such claims rose from 75,258 to Muehrcke, Jill, ed., Law & Taxation, behavior, not 100,978 and awards increased from $130 Leadership Series, Vol. I & II. million to $180 million during this five-year Sills, Stephen & Scott H. Smith, “The beliefs. period. Emperor’s New Clothes, Or How to Protect 3Curry-Swan, L., Managing Equally and Against Lawsuits and Other Chilling Legally–A Practical Business Guide to Surprises,” Nonprofit World, November- Establish no-nonsense behavior stan- Preventing Discrimination Complaints and December 1995. dards, and make it clear that there Termination Lawsuits, 1990. will be zero tolerance for discrimina- 4Hemphill, H. and R. Haines, Dis- These publications are available through tory behavior. crimination, Harassment, and the Failure the Society for Nonprofit Organizations’ Resource Center (608-274-9777). Provide ongoing communication of Diversity Training, 1997. to keep your discrimination policy highly visible. Show your commit- Selected References ment through prompt handling of Brinckerhoff, Peter, “Nonprofits & the Judy Zhu is a graduate of the University of every complaint, and be firm and Americans with Disabilities Act,” Nonprofit Beijing and has additional experience World, March-April 1993. consistent in penalizing proven dis- working and studying in the United States. criminators or harassers. ■ Conroy, Charles, “Sexual Harassment: Don’t Let It Destroy Your Organization,” Brian H. Kleiner, Ph.D., is professor of Nonprofit World, March-April 1992. human resource management at California Footnotes Lauer, Larry, “Using Your Organization’s State University, Fullerton. You may con- 1Verespej, M., “Zero Tolerance-Movements Culture to Build Productivity,” Nonprofit tact the authors at 551 Santa Barbara Against Workplace Discrimination and World, November-December 1993. Avenue, Fullerton, California 92835-2463. Nonprofit World, Vol. 18, No. 3 Vol. World, Nonprofit 14.