Essay on "Supporting a Diversity Program"

Essay 4 pages (1443 words) Sources: 1+

[EXCERPT] . . . .

Given the fact that there seems to be systematic discrimination in the case that was presented, there is evidence that there is intentional or disparate treatment of minorities. Still, early identification of adverse impact in disparate treatment cases is critical and "disparate treatment" claims require proof that an employer had a "discriminatory intent or motive" for taking a job-related action (Schenk & Mendoza, 2015).

If the individual could provide concrete evidence of these practices, then it is likely that they would stand a better chance at receiving the attention of the EEOC given that the discrimination is overt. However, the individual should seek the counsel of a legal professional in these matters to ensure they have the required evidence to pursue their case before putting their job on the line. It is likely that if they could not clearly establish their position beyond a reasonable doubt, the organization would likely defend that while there may be disparate impacts, or unintentional discrimination, present in the organization, which will likely be met with a smaller fine than the intentional form of discrimination and possibly the implementation of a diversity policy and training program. Therefore, it is recommended that the individual in the case actively pursue their rights, albeit in a cautious manner that is well documented.

Best Practices for Diversity

Researchers have recognized that the performance benefits of diversity include the fact that diverse organizations are more likely to tackle complex tasks with stronger creative, problem-solving, and decision-making requirements (Pieterse, Knippenberg, & Dierendonck, 2013).
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Furthermore, other research supports these findings and indicate that teams and organizations whose members are heterogeneous in meaningful ways, for example, in skill set, education, work experiences, perspectives on a problem, cultural orientation, and so forth, have a higher potential for innovation than teams whose members are homogeneous (Nelson, 2014). Therefore, it is not only beneficial to an organization to meet the regulatory requirements that they are expected to maintain, but their organizational performance can also improve in many different ways from being more inclusive.

Despite these advantages, many organizations have found that it can be difficult to implement policies and training programs to address diversity issues. For example, one review covering over thirty years of data from over eight hundred of the some of the larger U.S. workplaces found that the kind of standardized diversity training programs were actually counterproductive and these firms actually saw a significant decrease in the number of women in management (Vedantam, 2008). However, there have been some effective best practices identified as well. One example that has been well researched and consistently identified as one of the critical success factors has been the support of top management in creating a culture of diversity (Rynes & Rosen, 2005). If the organization's leadership truly support a commitment to increasing diversity, then the policies enacted have a much better chance at success.

Works Cited

Berman, M. (2015, November 17). Americans see a lot of discrimination against people who are Muslim, black or gay. Retrieved from The Washington Post: https://www.washingtonpost.com/news/post-nation/wp/2015/11/17/americans-see-a-lot-of-discrimination-against-people-who-are-muslim-black-or-gay/

EEOC. (2009). Laws Enforced by EEOC. Retrieved from U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/laws/statutes/

EEOC. (2014, October 22). Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit. Retrieved from EEOC: http://www.eeoc.gov/eeoc/newsroom/release/10-22-14b.cfm

Nelson, B. (2014). The Data on Diversity. Communications on the ACM, 86-95.

Pieterse, A., Knippenberg, D., & Dierendonck, D. (2013). Cultural Diversity and Team Performance: The Role of Team Member Goal Orientation. Academy of Management Journal, 762-804.

Rynes, S., & Rosen, B. (2005). A Field Survey of Factors Affecting the Adoption and Percieved Success of Diversity Training. Personel Psychology, 48-56.

Schenk, E., & Mendoza, R. (2015, November). Handling Cases Brought by the EEOC. Retrieved from The American Bar: http://www.americanbar.org/content/dam/aba/events/labor_law/2015/november/annual/papers/110.authcheckdam.pdf

U.S. Deparment of State. (N.d.). Sexual Harassment Policy. Retrieved from U.S. Department of State: http://www.state.gov/s/ocr/c14800.htm

Vedantam, S. (2008, January 20). Most Diversity Training Ineffective, Study Finds. Retrieved from Washington Post: http://www.nctq.org/nctq/research/1201712586210.pdf READ MORE

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