Don’t Let Increasing Discrimination Claims Derail Your Diversity Initiative

by Stacia Marie Jones

Director and Legal Counsel
Abercrombie & Fitch

Companies are increasingly adopting diversity initiatives and openly proclaiming their desire for more diversity in the workplace. This is excellent news to those of us responsible for diversity programs. At the same time, however, workplace discrimination claims by diverse individuals are on the rise. In 2010, the Equal Employment Opportunity Commission announced receipt of nearly 100,000 discrimination claims, the most received in the EEOC’s 45-year history.

Considering these phenomena together, some managers conclude that if diverse individuals are increasingly filing claims, then encouraging their presence in the workplace is also encouraging more lawsuits and every negative thing related to lawsuits. Whether this conclusion is based on imprudent fear or reality, it must be addressed in every diversity initiative so as not to derail the initiative.

“Managers must be encouraged to treat all employees consistently, in accordance with company policies, regardless of an employee’s protected status under discrimination laws.”

Indeed, there are not many things worse for burgeoning or mature diversity programs than managers who are crippled with anxiety over employing and then managing individuals whom they believe will cry discrimination. No manager wants to take employment action only to be called a bigot or be viewed as causing a lawsuit against the company.

To confront this fear, those of us who have responsibility to drive diversity initiatives must openly discuss it while providing our managers with the tools and support to feel comfortable managing a diverse workforce. The following actions are essential:

Train. Knowledge is power. Managers must be taught what constitutes unlawful discrimination and how to protect themselves and the company when taking employment action. Managers equipped with this knowledge will be more confident that they are doing what is right and will be less anxious about managing diverse individuals.

Require Consistency. Managers must be encouraged to treat all employees consistently, in accordance with company policies, regardless of an employee’s protected status under discrimination laws. Treating particular employees better because they are in a protected group could lead to any number of bad results. Furthermore, all employees, even those who are in the majority, are protected by the law. Thus, for example, giving a female more chances than a male for fear she will claim discrimination could lead to a male claiming reverse discrimination.

Support. Defending against employee complaints is part of running a business, and even good companies are sued. Managers should know that even when they do everything right, lawsuits may arise and if the managers did nothing unlawful the company will stand behind them 100 percent.

Remember, managers who are trained, supported and not taught to manage diverse employees differently will appreciate and embrace diversity, will not be sidetracked by news of increasing discrimination claims, and will allow the diversity initiative to thrive.

This article has been sponsored by:
Communicating Across Cultures