11.3 Respecting the Rights of All
The goal with workplace diversity is that all members can work cohesively together. With the knowledge of legislation that has been passed, respecting the rights of all in the workplace is a common approach to organizations. However, within the workplace, there is an adjustment or a caveat that acts as a check-and-balance on the side of the organization, referred to as reasonable accommodation. Reasonable accommodation means that the employer must make a wholesome attempt to allow for differences amongst the workforce[16]. Another way it can be viewed is making accommodations in the workforce based on proven need or acceptable measures (i.e. a form, in some instances). The United Nations in their Convention on the Rights of Persons with Disabilities describes reasonable accommodation as:
“[N]ecessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”[17]
There are some areas where accommodation and reasonable accommodation can be found and used within an organizational setting. Some challenges within the workplace can be remedied by reasonable accommodation and the legislation passed.
People with Disabilities
There are several laws within the United States regarding disability access and protecting against discrimination. Here are five important federal laws that protect individuals with disabilities from discrimination in employment and the job application process:
- Americans with Disabilities Act
- Rehabilitation Act
- Workforce Innovation and Opportunity Act
- Vietnam Era Veterans’ Readjustment Assistance Act
- Civil Service Reform Act
The information below is from the Office of Disability Employment Policy under the US Department of Labor [17]:
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees equal opportunities for individuals with disabilities in employment, transportation, public accommodations, state and local government services, and telecommunications. Two sections of the ADA relate to employment:
Title I: Employment prohibits covered employers from discriminating against people with disabilities in all employment-related activities, including hiring, pay, benefits, firing and promotions. Covered employers include private businesses, educational institutions, employment agencies, labor organizations, and state and local government entities with 15 or more employees.[17].
The Rehabilitation Act authorizes funding for various disability-related purposes and activities, including state vocational rehabilitation (VR) programs, independent living programs, training and research, and the work of the National Council on Disability. It also includes three sections that prohibit discrimination against individuals with disabilities by specific types of employers: federal agencies, employers/businesses contracting with federal agencies and programs receiving federal financial assistance.
Section 501 of the Rehabilitation Act prohibits federal employers from discriminating against qualified individuals with disabilities and requires them to take affirmative action to employ and advance in employment qualified individuals with disabilities[17].
The Workforce Innovation and Opportunity Act (WIOA) consolidates federal job training and employment programs, including employment and training services for adults, dislocated workers, and youth and Wagner-Peyser employment services administered by the Department of Labor (DOL); and adult education and literacy programs and Vocational Rehabilitation programs for individuals with disabilities administered by the Department of Education (DoED). WIOA’s Section 188 prohibits discrimination against individuals with disabilities who apply for, participate in or are employees of any program or organization that receives federal financial assistance under WIOA or that provides programs/activities as part of the One-Stop system[17].
The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requires employers that have federal contracts or subcontracts entered into before December 1, 2003 of $25,000 or more and/or federal contracts or subcontracts entered into on or after December 1, 2003 of $100,000 or more to provide equal employment opportunities for certain veterans with disabilities. VEVRAA’s Section 4212 specifically prohibits discrimination against covered veterans with disabilities in the full range of employment activities[17].
The Civil Service Reform Act (CSRA), which covers most federal agencies, contains several rules designed to promote fairness in federal personnel actions and prohibit discrimination against applicants and employees with disabilities[17].
People with Diverse Religious Practices
In this modern and global workforce, leaders and managers meet different religions and beliefs within an organization. This relates to the holidays an organization, state, or society observe. The US Federal Government recognizes 10 holidays. However, several things can affect when you observe your holidays such as your alternative work schedule (if you work one) and if you work full time or part-time. There are also special rules for state and local holidays for employees who work outside the Washington DC metropolitan area. The Federal Holidays are[18]:
- New Year’s Day January 1
- Martin Luther King’s Birthday 3rd Monday in January
- Washington’s Birthday 3rd Monday in February
- Memorial Day last Monday in May
- Juneteenth National Independence Day June 19
- Independence Day July 4
- Labor Day 1st Monday in September
- Columbus Day 2nd Monday in October
- Veterans’ Day November 11
- Thanksgiving Day 4th Thursday in November
- Christmas Day December 25
- Please note that this is a list of federal holidays and states may differ from this list. Please note that the State of Washington does not observe Columbus day.
This list outlines the general holidays such as Christmas, but what about other days of observance such as Ramadan and Eid al-Fitr for the Muslim faith; Passover, Rosh Hashanah, and Chanukah for people of Jewish faith; or Kawanzaa for members of the African Diaspora. Easter Monday is an observed holiday in Canada, but only in a few provinces and territories, and what about holidays and traditions practiced by the indigenous peoples? Leaders actions in exercising reasonable accommodation are paramount. Although their positions in an organization may not change the laws regarding holidays for time off, they can be instrumental in acknowledging and accepting adjustments to the rules. Allowing organizational amendments for different traditions can be done by allowing a couple hours away from work to worship, extend dress and uniform requirements, provide prayer and meditation rooms, and be accommodating to dietary issues[19]. These actions provide leaders with the ability to effectively manage diversity and accommodate all different faiths within an organization.
People with a Different Race, Gender, and Ability
The United States has laws and guidance to protect against discrimination. The information below is from the US Trade Commission [20} Some of these major laws to protect people include [20]:
Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin. Title VII protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment. See EEOC guidance on race/color, religion, sex, sexual harassment, pregnancy, and national origin discrimination [20].
Equal Pay Act of 1963. The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination in the payment of wages or benefits, who perform substantially equal work in the same establishment. See EEOC guidance on equal pay and compensation discrimination [20].
Age Discrimination in Employment Act of 1967. The Age Discrimination in Employment Act (ADEA), as amended, protects persons 40 years of age or older from age-based employment discrimination. The Older Workers Benefit Protection Act amends several sections of the ADEA and establishes conditions for a waiver of ADEA protections. See EEOC guidance on age discrimination [20].
Rehabilitation Act of 1973. Sections 501 and 505 of the Rehabilitation Act, as amended, protects employees and job applicants from employment discrimination based on disability. This law covers qualified employees and job applicants with disabilities. It also requires Federal agencies to make reasonable accommodation of any known disabilities unless such accommodation would cause an undue hardship. See EEOC guidance on disability discrimination [20].
The Civil Rights Act of 1991. The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve Federal civil rights laws and provide for the recovery of compensatory damages in Federal sector cases of intentional employment discrimination [20].
How do do leaders manage all of this? It is important for them to really know their organizational members, and be reasonable with requests. If someone would like to be called a different name, or alternate name, in substitution of her or his given name, that can be seen as reasonable. However, some instances may not be seen this way, and a civil discussion and consensus must be reached. There are many goals within an organization that need to be achieved by all members, and it is best to resolve any conflicts based on race, sex, and gender efficiently and effectively for both parties to return to a cohesive unit. If issues cannot be resolved, consulting the code of ethics and the Anti Discrimination Laws might need to occur [20].
Discrimination
Under the Lawes enforced by the U.S. Equal Employment Opportunity Commission (E.E.O.C.) it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit [35].
A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. EEOC offices can be found by calling the EEOC at 1-800-669-4000, or by going to the EEOC’s Field Office List and Jurisdiction Map and selecting an office [34].
With all of these practices in place, there are still stories of discrimination in the workplace. Disability discrimination, race discrimination, sexual discrimination, and gender discrimination are still encountered, even in this modern era. Organizations can experience such issues. In the 21st century, discrimination has been lowered, compared to recent decades, but how can leaders effectively prepare themselves to be proactive in eliminating discrimination? These are some steps to help notice and proactively remedy discrimination in the workplace:
- Know the signs – Be proactive in knowing the signs of discrimination in the workplace. Even if they may seem harmless, intervene and take appropriate action.
- Consult the organization’s code of ethics – Refer to the code of ethics for an organization, and understand how a discriminatory act hurts the individual and the mission, vision and values set out for that organization.
- Engage in civil discourse – If different parties are involved, engage them to discuss the issue, and mediate the circumstances in a calm and civil manner.
- Use expert power (but only when needed) – Within a civil discourse, it is better to use active listening over anything else, but do intervene when a situation calls for the use of expertise to guide a conclusion.
- Consult a human rights’ commission – Either municipal, province/state, or federal, if a situation needs to be delegated to a human rights’ commission, do not avoid it: take action. Ideally, it is better to avoid getting to this point, but if it is necessary, it can protect leaders and the organization in the long run.
- Always follow up on issues of discrimination – Even after the event has passed, and in some cases, tempers cooled, it is always best to have a follow-up on the situation to ensure measures that were implemented are working, and members are pleased with the results. If they are still not pleased, it may be necessary to consult again and engage in more discourse. By actively following up on issues, this shows members, on both sides of the discussion, that you care about the issue, and want to effectively manage an agreeable conclusion.
In employment legislation, the employer must make a wholesome attempt to allow for differences amongst the workforce
