links for 2008-02-01

  • “It can be tricky sending business e-mails in a work force that encompasses diversity of race/ethnicity, gender, age, religion, disability and other cultural influences…four tips from national experts on sending business e-mails”
  • “Plenty of chief executives support candidates publicly and financially…It raises the question: Can working for a boss who supports a candidate benefit or hurt your career?”

Restoring, reaffirming, and reconciling legal rights and remedies under civil rights statutes.

by Race in the Workplace special correspondent Erica Mauter

Aka, the Civil Rights Act of 2008.

According to Jeffery Hirsch at Workplace Prof Blog, H.R.5129/S.2554 looks like an employee discrimination law wishlist.

He gives the Cliffs Notes version of the bill:

The Act would do the following:

  • eliminate the 1991 Civil Rights Act damage caps under Title VII and the Americans with Disabilities Act (ADA),
  • amend the Equal Pay Act (EPA) to allow the “bona fide factor other than sex” defense only if an employer shows that the factor was job-related was actually used and further legitimate business purposes,
  • adds compensatory and punitive damages to the Fair Labor Standards Act’s (FLSA) remedial framework (which includes the EPA),
  • amends the Federal Arbitration Act (FAA) to prohibit clauses requiring arbitration of federal constitution or statutory claims, unless parties knowingly and voluntarily consented after the dispute arises, or as part of a collective bargaining agreement,
  • allow winning plaintiffs to recover expert fees and expand the definition of prevailing party,
  • give the NLRB authority to award backpay to undocumented workers,
  • provide individuals the right to sue federally funded programs under Title VI, Title IX, the Rehabilitation Act, and the ADA,
  • require that ADEA disparate impact claims be analyzed the same as Title VII claims,
  • condition states’ receipts of federal funds on states’ waiver of sovereign immunity against individual claims for monetary damages under the Age Discrimination in Employment Act (ADEA), the FLSA, and Uniformed Services Employment and Reemployment Rights Act (USERRA).

So it basically addresses who else can sue who for what and for how much. Professor Hirsch then says:

I don’t imagine that it’ll go anywhere unless there is a President Clinton or Obama, but no doubt it will be campaign fodder until then.

Now isn’t that cynical? Except that he’s absolutely right.

Many of these measures just make sense. Especially in cases where the proposed legislation is calling a more fair, uniform application of an existing policy. But if it were all that easy to do and everyone were that on board with the concept, it would have been done already.

One would think with the copious amounts of discrimination and employment case law to draw from that crafting and enacting such an Act would be pretty straightforward. We’re all pretty clear on the idea that race-based discrimination is wrong. It’s not as if it’s a “moral” issue that we all have different opinions on and thus we keep on discriminating in the name of religious freedom, right? (Gay Marriage, I’m looking at you.)

It’s a shame that anyone would doubt we could pass a Civil Rights Act. Hopefully the tide is turning (pdf).

links for 2008-01-30

  • “English speakers seem to have many words that are innocuous on one side of the Atlantic but are offensive enough on the other side that they’ll go unmentioned here. “
  • “Next month, the U.S. Supreme Court will hear arguments in the race discrimination case to decide whether retaliation claims can continue to be brought under one of the country’s oldest federal civil rights laws — statute 1981 under the 1866 Civil Rights
  • “If your boss gives you a sincere compliment, give a sincere thanks in return and bask in the joy of doing good work. Don’t respond like a first-grader with “so what will you give me…”"

links for 2008-01-29

Why do some people discriminate against their own race?

by Carmen Van Kerckhove

We’re used to thinking of racial discrimination as something that occurs between people from different racial groups.

But is it possible for a person to engage in racial discrimination against a coworker of his own race? It’s not as common, but it can happen. I recently spoke to the restaurant industry trade publication QSR on this topic.

So, what would possibly cause a person to engage in same-race discrimination?

1. They buy into negative stereotypes about their own race

All of us have been inundated throughout our lives with racist stereotypes perpetuated by the media and other social institutions. It’s impossible not to have internalized some of these racist beliefs — even those about our own racial group.

But some folks have internalized these negative beliefs to a far greater degree than others, turning these beliefs into outright racial self-hatred. These people genuinely believe negative stereotypes about their own race, and this leads them to discriminate against those like themselves.

2. They think it’s a good career move

If you can’t beat’em, join’em, as the cliché goes. In a workplace where people of a certain racial group are already being discriminated against, joining in the discrimination could be seen by some as a way to climb the corporate ladder:

Van Kerckhove says some instigators might also see race-on-race harassment as a way to politically advance themselves in the company, but that racial discrimination—even if it’s inadvertent—has to be present initially.

“That could happen in a workplace where there already is racial discrimination,” Van Kerckhove says. “One group isn’t advancing where others are. In a case like that, even if they don’t believe anyone is inferior, they may treat others that way to advance their own cause.”

3. They want to distance themselves from the stereotype

Discriminating against people of their own race is a way to separate themselves; to prove to others that they’re “not one of those.”

Carmen Van Kerckhove, co-founder of New Demographic, a company that facilitates conversations about race in the workplace and at seminars, says another reason race-on-race harassment occurs is that “it’s a reaction against negative stereotypes of your own race.” This twisted logic dictates that if an employee separates himself from his own race—by disdaining it or criticizing it—he will prevent himself from being judged according to those stereotypes.

4. They are prejudiced against a specific ethnicity or class

What looks to others like same-race discrimination may actually have nothing to do with race at all. There are ethnic groups, for example, that distrust each other due to historically strained relationships. In other cases, the prejudice may be based on socio-economic factors:

In some racial groups, there is a pecking order, particularly among Hispanics who might condescend based on the length of time a person has been in the U.S., which is sometimes seen as a status symbol.

“If you don’t understand the language, all of this could be going on and you’re unaware of it,” Fernandez says. “If you don’t speak the language, you’ve got to have somebody who’s bilingual who can speak the language. You’ve got to make it crystal clear to them that our culture is not going to tolerate this classism, sexism, and racism. If the company sets up standards that there’s zero tolerance around that, they figure it out.”

links for 2008-01-28

  • “A department receives $1,000 for completing a tenure-track hire but $5,000 if it hires a minority candidate. I’m concerned that colleagues will make recommendations based on the financial reward rather than pursue the “best” candidate.”
  • “Lundy, 42, who is black, claims it’s really her vocal complaints regarding racism and sexism in the SSA office that’s getting her fired. She has filed numerous grievances with management…complaints to the Equal Employment Opportunity Commission”
  • “While there is, justifiably, great focus in our universities on racial and gender diversity, less discussed are the equally impactful challenges surrounding economic, political and religious diversity.”
  • On a recent racial discrimination lawsuit in which Lockheed Martin settled for $2.5 million: “It’s the largest monetary relief ever obtained by the EEOC for a single person in a race discrimination case”
  • “Surprisingly, there are still no laws in Utah against such discrimination for gays, lesbians, bisexual or transgendered people. After a state legislative meeting this morning, one group hopes that will all change.”

links for 2008-01-25

  • “Turner is the general contractor for the Royal Bank of Scotland site in Stamford, where at least three nooses, symbols of racial hatred, were found beginning in November.”
  • “after 10 years living as a transgender woman, Losco decided that dealing with the same kind of malice from her boss at the health-care facility where she worked, was just too much. “
  • “Most diversity training efforts at American companies are ineffective and even counterproductive in increasing the number of women and minorities in managerial positions, according to an analysis that turns decades of conventional wisdom”
  • “Here is a point-by-point rebuttal of the Washington Post article, followed by an examination of the author’s credentials” (registration required)

links for 2008-01-24

Employment vs Personal Expression

by Race in the Workplace special correspondent Erica Mauter

Your employer tells you you can no longer wear the facial piercing you’re sporting. My knee-jerk, perhaps idealistic, perhaps somewhat-indicative-of-my-age response is, “I would not want to work at a company where this is even an issue.” You can control that to some extent while you’re searching for a job by targeting companies where it won’t be an issue. But what if your current employer drops this on you and you had planned to stay a while?

DiversityInc asks if your piercing is worth your job.

“‘You have a generational issue and that’s a diversity issue… A lot of baby boomers, who horrified their parents with long hair, are horrified with the piercings of the younger generations. But an employer has a right to set a reasonable dress code that could include restrictions on hair, piercings, attire and a variety of things. There’s nothing unlawful about an employer saying, ‘We don’t want body piercings.’”

I understand how this policy makes sense in a role that requires contact with external customers. But if your exposure is mostly internal, how much should the company’s image and your representation thereof be a factor? Your work speaks for itself, right?

I’m going on 30, and I’m probably going to be looking for a job soon. I’ve had my eyebrow pierced for 10 years, so it’s not like it’s a product of my quarter-life crisis. I was considering getting rid of it because I’m “too old” but this unexpected job hunt might push me farther towards taking it out. It hasn’t been an issue at my current company, but I am an engineer and the somewhat conservative culture of engineering combined with the somewhat conservative culture of the Upper Midwest makes for folks in hiring positions who place a little more emphasis on that sort of thing.

So I’ll be asking my friendly neighborhood HR manager what her professional opinion is on that.

Speaking of HR…

“If an employee offers that they [have facial piercings] for a religious reason, then the manager should neither accept that reason at face value nor dismiss that reason at face value… Their reason may be valid, but the employer may have a counter interest, so the manager should report the claim to human resources.”

Nose? Eyebrow? Tongue? Labret? Are some facial piercings more okay than others? Is it about the location? The bling? What about earrings on guys? I imagine that, while of course the policy should be enforced uniformly, actual enforcement is somewhat at the discretion of one’s manager and HR.

The reason for a “no piercings” policy: No one has to decide what’s okay and what’s not.

links for 2008-01-23

  • “The initiative launched in 2001 when several organizations in the region were concerned that talent was leaving for places like Atlanta or Chicago. They sought to do more to keep minority professionals in town and rising into leadership positions.”
  • “A new survey of global senior executives finds that a majority of companies have either one or no minorities in their executive ranks, despite the fact that more than half the companies have official “diversity in the workplace” policies.”
  • “Last year, Marriott launched Sed de Saber, a program to help Spanish-speaking employees learn English. While 60 percent of Marriott’s workforce are minorities, 27 percent of its new managers hired in 2006 were minorities and 46 percent were women.”
  • “He said managers have to realize that what feels good to them in a workplace may not feel good to someone from another culture. Those managers should work harder to relate better to those employees for the good of the company”

links for 2008-01-18

  • “Asked about his thoughts on workplace diversity, he responded: ”I’m f—— color-blind. I’m interested in excellence.” Tribune should be a meritocracy, he said, ”If you are good, I’m going to keep you.””
  • “But charging obese workers more for health premiums is no simple task, notes Bellace. “Do you have regular weigh-ins? And who qualifies as obese?”
  • “in principle, I’m all for pro-family work policies…I really resent the fact that I have spent almost a third of my time here covering for her, while she rakes in that much more in income.”
  • “it is tempting to discuss the issue at work with those colleagues we’re accustomed to chatting with and hashing out so many things. Yet there are very good reasons why we shouldn’t.”
  • ” I find the best relationship building I do is face-to-face, over lunch. It’s more likely that I’ll have undivided attention, as well as a lot of time. Compare that to a superficial string of e-mails where it’s really hard to get the information an

3 sure-fire ways to alienate people of color at your meeting

by Carmen Van Kerckhove

The next time you plan a meeting — whether it’s an internal meeting or a full-blown conference — take a minute to think about how people of color will perceive your efforts.

It may not seem as if diversity plays much of a role in meeting-planning, but you’d be surprised. Check out Association Meetings magazine’s cover story this month, titled “Bias? What bias?”, in which the editor was kind enough to include some of my thoughts on the subject.

So, what are some things you should not do if you want to make people of color feel included at your meeting?

1. Create a discussion panel that is a veritable diversity ghetto

Another common way associations attempt to diversify their meetings is to include what Carmen Van Kerckhove, co-founder and president of New Demographic, an anti-racism training company in New York, calls “the panel of marginalized people.” This is a panel that features, for example, a black person, a Hispanic person, a young person, and a person with a physical disability put on display to discuss their issues as members of a specific group. Instead of creating “the ‘diversity ghetto,’ planners could include those issues in the main topics of the conference.”

You have no idea how many conference organizers have asked me to be on their diversity ghetto panel. And this doesn’t just happen at conferences where the organizers are mostly white — Asian-American conferences are often guilty of this too. Many a time I have found myself, The Half-White Asian, on a panel along with The Bisexual Asian and The Disabled Asian. Of course no one used those labels explicitly, but it’s what the audience was thinking as they looked at us.

2. Force the person of color to talk about race and nothing else

And include minorities among your mainstream topic speakers, she adds. “It’s more powerful if you have a panel of top executives that includes a person of color discussing a business issue, than it is to just plop that person of color up there to talk about their race.” The Association Forum of Chicagoland, Chicago, is very attuned to this, says vice president and COO Pamm Schroeder. But, she adds, it takes more work to find new, diverse voices than it does to just fall back on speakers you already know and have good evaluations for.

Organizations have a tendency to think of diversity as a thing that is wholly separate from the day-to-day matters of business. So instead of thinking “Joe has some great ideas about where our industry is headed, let’s make sure he speaks,” the meeting planner thinks: “Joe is black, let’s show some diversity by having him speak about what it’s like to be a black man in this industry.”

3. Don’t reach out to people of color because you assume that your industry “just isn’t that diverse”

…Another common misperception made by dominant-culture planners, says Van Kerckhove, happens when people look around at a meeting and, seeing that there are few people of color, assume that it’s because there are few people of color in the profession or interest group the meeting serves. In fact, it may be that “many of the people organizing the conferences haven’t stepped out of their comfort zone to do a more thorough search to find people who are different from the mainstream” of attendees, she says.

Just because there was little diversity at every other meeting you’ve been to doesn’t mean that there’s no diversity in the industry. It could be that people of color are turned off by the meetings and opt to stay home. It’s up you to create an environment that’s inclusive to all people.

links for 2008-01-17

Recommended Reading

by Race in the Workplace special correspondent Erica Mauter

Racism Easily Partners With Business, Personal, and Social Issues in the Workplace - The Black Factor
“Racism may be the catalyst that provokes an incident at work, but other business, personal or social needs may combine with racism to increase the magnitude of the event—and the scope of illegality… [M]any employers try to knowingly morph racist behavior and actions into personal/social issues between workers. That is how many companies will attempt to dilute allegations of racism.”

The Pitfalls, and Potential, of Corporate Social Networks - Baseline Magazine
“[E]mployees may be reluctant to expend the time and effort in keeping up a blog or community profile when they would be prevented from accessing the information if they leave the company… [K]nowledge workers that understand the value of social networking may be loath to use corporate social technologies, particularly when Internet-based services provide the same benefits without the loss of what they perceive to be their personal intellectual property.” (via Work-related Blogs and News)

Writing effective job postings - One Louder
Eight tips from the folks at TheLadders.com. Equally as useful for job seekers as for recruiters.

8 New Weapons to Fight the Talent Wars in ‘08 - Employment Digest
Another list aimed at recruiters with implications for job seekers.

Keep Job Desperation Under Control - Anita Bruzzese’s 45 Things
“The key to putting a positive spin on either being fired or laid off is to tell an interviewer that you used the time to pursue additional education, or that you used it as family time to reassess your life and carefully plan your future. By expressing these actions as real acts of courage — that it’s often difficult to look ahead but you did it — then you give the interviewer an impression of strength.”

The Career Investment of a Professional Association - Career Hub
“Don’t be afraid to think creatively about joining an association. There are some exceptional niche associations that address specialty areas within professions. And if you’re considering making a career leap, think about taking a small step in that direction by joining an association for that particular career. Associations have member resources such as listserves, newsletters, and networks which are great ways to learn about the possibilities and challenges facing you as you think about that potential new career choice.”

Obama’s victory in Iowa sheds light on today’s workplace - Brazen Careerist by Penelope Trunk
[I]n Iowa City… the students sat victorious at the Obama camp with 70% of the votes, while the caucuses for Edwards and Clinton were shouting over to the Kucinich supporters to abandon camp and come to them. This is a metaphor for the workplace. The young people have, effectively, shifted the balance of power to themselves, and the older people squabble between each other, as if their power structures still matter… The Clinton campaign assumed women would vote for women. But young people did not make this election about gender, they made it about age. They want change. They want a chance to do things differently, within the established structures of power.”

A Reader’s Open Letter to the EEOC - The Black Factor
“Employment discrimination is offensive, it is insulting, it is meant to categorize, to separate, to exclude. Discrimination makes it too easy for others to take symbolisms, words, and/or beliefs and make them conform to the biases of those in positions of power to discriminate. It is designed to make us all uncomfortable with each other.”

Maternal Profiling . . . - Workplace Prof Blog
Richard Bales rounds up some references on “employment discrimination against a woman who has, is believed to have now, or is expected to have in the future, children.”

what to do when you make a mistake at work - Ask a Manager
“This formula works because when someone makes a mistake, what a boss needs to do is make sure that the person understands the seriousness of it and knows how to avoid it in the future. If you take the initiative to cover those things yourself, then your boss doesn’t need to do it herself (and having your boss impress upon you how serious a mistake was tends to be much less pleasant than saying it yourself).”

Recommended Reading is a weekly feature where we link to some of our favorite workplace-related blog posts and articles. If you would like to suggest a link to Erica, please email [email protected]

The Corporate Divide Between Black and White Women

by guest contributor Latoya Peterson

“Are white women doing their part to support their black sisters in the fight for gender parity in corporate America?”

Damn, I thought to myself after turning the page, Pink isn’t playing.

Pink Magazine focuses on perspectives and resources for women in business. While I was underwhelmed with their offerings when the publication launched, they have won me back over the last few months with interesting features, timely articles, and an increased commitment to diversity in their pages.

But even I wasn’t expecting something of this caliber.

In their January/February 2008 issue, Carolyn M. Brown weighs in on the sticky subject of race relations in the workplace. Brown, the editor at large for Black Enterprise pulls no punches with her piece:

One look at the statistics (see “A Story in Numbers”) and the question emerges: Why haven’t black women made the same strides as white women if the issue is purely gender?

The harsh reality is that white women are afforded many of the same privileges as white males by being part of the majority class in the corporate arena, say high-ranking women of color. And many white women are shirking their responsibilities as sisters in the gender movement.

[…]

Michelle Johnson, director of supplier diversity for The Home Depot, agrees that white women, just as much as white men, are often in denial of race as a significant deciding factor at work. “White women don’t have parity with white men but they’re a rung above women of color on the ladder,” she says. “White men in corporate America look at white women and see their wives, mothers, grandmothers, sisters, aunts, daughters, nieces, and granddaughters.” In contrast, she says, many of the same men still see women of color as clerks. And even some of the white women secretly view black women as their support - “the hired help” - not equal partners striving for common ground with the men.

“White Lies” goes on to describe the rise of subtle race based discrimination and the assumptions that are made about the abilities of women of color - particularly the assumptions that are made when staffing a high profile or high visibility position.

The two sidebars included in the text are also packed full of useful information and shocking statistics. In the first sidebar, “A Story in Numbers,” it is revealed that of the top 500 corporations, there are only thirteen women CEOs. Of that number, two are Asian-American. The rest are white.

The second side bar (written by Denise Beckles, diversity education manager at Johnson and Johnson) provides actual steps to take to build diversity and inclusion in our workplaces. Beckles advises white women that “Inclusion requires interaction and connection. Tolerance does not. Go out of your way to be a mentor for a woman of color.” There is also advice provided for women of color: “Never assume white women are all alike; they, too, are unique individuals. Gain an understanding of why we need each other to survive.”

I really have to applaud Pink for using such direct language to tackle a divisive subject. (And I will be very interested to see next month’s reader mail.)

Perhaps other magazines would do well to follow the advice of Lillian Dukes, vice president of technical services for American Eagle Airlines:

An honest dialogue between white and black women may not always be rosy, Dukes suggests, but only by discussing and reshaping women’s deeply seated notions about one another can women of all races move forward. “This is not a recrimination,” Finley says, “but an opportunity for us all.”

Recommended Reading

by Race in the Workplace special correspondent Erica Mauter

Diversity Thoughts - Evil HR Lady
Evil HR Lady’s diversity training in a nutshell. Basically, be polite and be professional.

Does a Southern Alma Mater Limit Opportunities? - DiversityInc.com
The White Guy’s answer: “Even though it’s been some time since you graduated with your bachelor’s degree, you’re seeking a position in a field where your education résumé is critical: Your degree is hyper-regional and that is an issue in today’s environment. You may wish to pursue an executive degree at a Northeast-based college, but I would not suggest anything but a first-tier school regardless of its geography.” Readers respond to his answer and also chime in regarding HBCUs and all-women’s schools.

Lack of Delegation Can be Short-Sighted - Anita Bruzzese’s 45 Things
“[D]elegating is really on-the-job training, providing those in an organization a chance to stretch and grow. And if someone can’t delegate, then they’re actually hurting the business because it undermines trust and motivation among employees.”

Who cares about your job title - tell me what you DO! - Chief Happiness Officer
“[Y]our job title is never going to make you happy at work, but knowing what you do, may. Knowing your contribution, how you add value, how you make a difference - THAT can make you happy at work.”

Bad career advice: Do what you love - Brazen Careerist by Penelope Trunk
“[I]t’s preposterous that we need to get paid to do what we love because we do that stuff anyway… I am a writer, but I love sex more than I love writing. And I am not getting paid for sex. But I don’t sit up at night thinking, should I do writing or sex? Because career decisions are not decisions about ‘what do I love most?’ Career decisions are about what kind of life do I want to set up for myself?”

Danger signs when you’re interviewing for a job - Ask a Manager
Most revolve around poor communication from the potential new employer. Also, too much or too little turnover.

Will Your Accent Keep You From Getting Ahead? - DiversityInc.com
“[A]n employer may fire an employee or not hire a person because of an accent if effective oral communication in English is required to perform the job duties and the person’s accent interferes with their ability to communicate in English, including teaching, customer service and telemarketing.” … “‘I believe if we substitute ‘accent’ for ‘pronunciation,’ it wouldn’t be an emotionally charged topic.”‘

Recommended Reading is a weekly feature where we link to some of our favorite workplace-related blog posts and articles. If you would like to suggest a link to Erica, please email [email protected]

Recommended Reading

by Race in the Workplace special correspondent Erica Mauter

Party Liabilities - Portfolio.com
“While there are no statistics that measure how many lawsuits and complaints arise from holiday parties, lawyers say the numbers are increasing, along with the number of workplace-harassment and discrimination suits in general.”

Apparently religion doesn’t mean ethics - Leadership Turn
Reflecting on the 2007 National Business Ethics Survey, Miki Saxon concludes, “[T]he same people who identify themselves as Christians/religious and the ones who take the Bible literally are the same people who are either violating the ethical standards or not reporting the violators.”

Lovaglia’s Law and Open Office Plans - Bob Sutton
“Lovaglia’s Law: The more important the outcome of a decision, the more people will resist using evidence to make it…. [P]eople in open settings are found to be less satisfied, less productive, and experience more stress than people who work in closed offices… Yet, as Lovaglia’s Law predicts, many administrators and building designers seem to be have a hard time “hearing” such evidence and keep pushing for open office designs – they prefer to talk about selected anecdotes instead.”

Developing Your Adversity Muscle - On the Job
“Whether or not you caused a problem doesn’t matter as much as whether you’re willing to step up to the plate and try to deal with it. Making yourself a victim won’t help, but taking ownership and finding a solution will develop your ability to deal with adversity — and that’s something that bosses value.”

Changing the way we see disability - Workers Comp Insider
“[W]ithout an active recovery, depression and disability syndrome can often occur. For most people, income, identity and feelings of self-worth are tied to work and productivity. Today, most employers understand that helping injured workers get back to their normal lives, including work, is an important part of recovery.”

How to Resign Your Job - MarketingHeadhunter.com
“[Y]ou can expect the reference checking questions to be a regular kiss and tell. Therefore, it’s absolutely essential that you maintain the highest level of professionalism before, during, and after your resignation — because you will ALWAYS be expected to use your current employer as a reference.”

how to get hired if you’re under-qualified - Ask a Manager
“In your cover letter, acknowledge that you don’t have every qualification they’re looking for, and explain how you’ll make up for it… Acknowledging it is good because (a) it shows you paid attention to the ad — something most people don’t do — and indicates an attention to detail that hiring managers love to see and (b) it shows that you’re not one of those insanely overconfident candidates with no humility or sense of your own weaknesses.”

Dilbert Has a Tattoo: The Rise of Individuality at Work - Businesspundit
“[I]n exchange for the devotion to work, employees want their jobs and their workplace to match their sense of self… With choice, personal expression, and individual fulfillment at all-time high, companies are doing everything from revisiting their ban on tattoos… to adding the “expression of gender identity” - one’s inner sense of being male or female - to the list of things they won’t discriminate against…”

Recommended Reading is a weekly feature where we link to some of our favorite workplace-related blog posts and articles. If you would like to suggest a link to Erica, please email [email protected]

Recommended Reading

by Race in the Workplace special correspondent Erica Mauter

Fact Sheet on Employment Tests and Selection Procedures - The U.S. Equal Employment Opportunity Commission
“The fact sheet describes common types of employer administered tests and selection procedures used in the 21st century workplace, including cognitive tests, personality tests, medical examinations, credit checks, and criminal background checks. The document also focuses on ‘best practices’ for employers to follow when using employment tests and other screening devices, and cites recent EEOC enforcement actions. Discriminatory employment tests and selection procedures are prohibited by Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act — which are all enforced by the EEOC.” (via DCI Consulting’s OFCCP Blog)

Racial or Business Decision? - Evil HR Lady
“If you believe that their decisions involving race are having a detrimental effect on office morale or business results, then you need to be able to show that. Not through, ‘it’s not fair and it makes me angry,’ but through facts and figures.”

Beware the Professional Hispanic - Advertising Age’s The Big Tent
“Professional Hispanics are folks who are Hispanic and have chosen their ethnicity as their profession. They have no specific expertise in Hispanic Marketing (or even marketing per se, for that matter) but rather ride the ethnicity of their name to define and build their career… [W]hile Professional Hispanics ride their culture and ethnicity to career advancement, Hispanic Professionals leverage their efforts, experience and expertise.”

Workplace Prof Blog - The Impact on Employers and Employees of Taxation on Domestic Partner Benefits
“The lack of recognition for same-sex marriages is not only in violation of basic principles of equal protection, but it also leads to these absurd consequences for companies and citizens of this country in which ‘the taxation of domestic partner health care benefits sets up a two-tiered tax policy that costs many American families and their employers millions of dollars each year.’ The study above estimates that this system costs employers some $57 million per year in additional payroll taxes and costs unmarried couples some $178 million dollars in additional taxes per year.” [Williams Institute Study (pdf)]

Ethical Decisions and Business Gifts - On the Job
“Once you start to fudge on your ethics, once you put your personal integrity up for sale for season tickets to the Knicks or some other gift, then some day you’re going to realize that you’ve gone down an ethical abyss that may be hard to climb out of.”

How to Find More Black, Latino, Native American Executives - DiversityInc.com
“Providing a support network for blacks, Latinos and Native Americans pursuing business doctoral programs, The PhD Project puts them in front of the classroom at some of the nation’s top B-schools… It has slashed the average dropout rate for doctoral students from these groups from 35 percent to 7 percent.”

Five things people say about Christmas that drive me nuts - Brazen Careerist
“People want tolerance and diversity but they are not sure how to encourage it. There is a history of tolerance starting first in business, where the change makes economic sense: Think policies against discrimination toward women, and health insurance that includes gay partners. Tolerance and awareness in the workplace reliably trickle down to other areas of society. So do what you can at work, where you can argue that tolerance and diversity improve the bottom line, and you will affect change in society, where tolerance and diversity give deeper meaning to our lives.”

Creating Masculine Identities: Harassment and Bullying ‘Because of Sex’ by Ann McGinley - Social Science Research Network
From the article: “Workplaces are sites of construction of male gender identity. While there may be nothing wrong with constructing gender identity at work, masculinities research and the new bullying research demonstrate that men’s proving of masculinity in the workplace can be destructive to many men and to women. Title VII’s hostile work environment law provides a vehicle that, when interpreted properly, permits courts to conclude that severe or repeated harassing or bullying behavior, especially when performed by groups in sex segregated workplaces, discriminates against the target because of sex. Only if this behavior is eliminated from work will Title VII reach its promise of affording equal employment opportunity to both men and women.” (via Workplace Prof Blog)

Recommended Reading is a weekly feature where we link to some of our favorite workplace-related blog posts and articles. If you would like to suggest a link to Erica, please email [email protected]

Recommended Reading

by Race in the Workplace special correspondent Erica Mauter

What Do Aks and Wiff Say About You? - DiversityInc.com
“When I’m interviewing professional candidates for organization-critical, high-visibility positions, I expect those interactions to be dynamic and of the highest caliber (and that includes articulation and enunciation). Why, then, am I no longer surprised when an applicant I can tell to be black (by name, alma mater, associations listed on the résumé, or-believe it or not-voice/use-of-voice) says the dreaded ‘aks’ instead of ‘ask’? Or ‘wiff’ instead of ‘with’? … I usually find myself wanting to give these candidates some constructive feedback, to turn them on to the consequences of this foolish behavior of slaughtering the English language. These behaviors perpetuate stereotypes and fuel the undying flames of racism in ‘corporate America.’ I feel privileged holding open a door of opportunity for so many people, and I’m saddened when I have to block the entrance because so many people think it’s ‘cool’ or acceptable to sound stupid.” Also, reader feedback.

Learning From a Demotion - On the Job
“Let the boss know that you’re interested in focusing on the problems and fixing them. It could be the boss will tell you that it’s merely industry restructuring, and it’s happening throughout the company. In that case, you need to consider your future job security not only with your current employer, but within the industry.”

male and female bosses judged differently? - Ask a Manager
“If I have to be seen as either the bitch who gets things done or the pushover who doesn’t, I’ll take ‘bitch who gets things done.’ It’s infuriating that it has to be a choice, of course; I doubt many men are out there worrying that they’re seen as insufficiently sweet.”

Why don’t they fire her? - The Career Encouragement Blog
In response to “10 Reasons Bad Employees Don’t Get Fired”: “Managers cannot address every single problem at once. Their primary focus is always to grow the business in order to project the jobs of the majority. They will deal with problem employees as they have the impetus and time. Therefore there have ALWAYS been problem employees in every workplace, and there always will be in the future.”

Social workers, teachers and nurses: the new “it” careers for women? - Employee Evolution
“People are pursuing them because they are meaningful jobs, because they have a passion for helping people, and because they are rewarding. And honestly, what else can you ask for from a job? My questions now are, why are an overwhelmingly large percentage of women pursuing these paths? Are we going back to a society where men are expected to bring in the money, not because women are staying home, but because women are pursuing the truly rewarding and important careers? Or is my town just an anomaly?”

Subtle Ways to Help Avoid the Mommy-Track - The Juggle
The Juggle’s writers suggest keeping the baby talk and child-related discussions over the phone to a minimum and generally avoiding any indication of actually having children at home. Heated discussion in the comments.

Careers Give India’s Women New Independence - New York Times
“The changes are sharpest in the lives of women who have found a footing in the new economy and who are for the most part middle-class, college-educated professionals exploring jobs that simply did not exist a generation ago. High-technology workers and fashion designers, aerobics instructors and radio D.J.’s, these women in their 20s are living independently for the first time, far from their families. Many are deferring marriage for a year or two, maybe more, while they make money and live lives that most of their mothers could not have dreamed of. ” (via Workplace Prof Blog)

Surviving the First Week in a New Job - Employment Digest
“Your first week in a new job is prone to be the only time during which you can observe the working environment with true clarity and objectivity. Use this period before you’re fully integrated into the culture to observe your colleagues and the culture without emotional involvement or subjectivity.”

30 Interview Questions You Can’t Ask and 30 Sneaky, Legal Alternatives to Get the Same Info - HR World
This is about protecting yourself from a lawsuit. Many questions are easily re-worded. The suggested ways to ask these questions pointedly focus on a candidate’s ability to perform the job. It’s been my experience that interviewers will still infer and assume quite a bit. (via Gautam Ghosh)

Recommended Reading is a weekly feature where we link to some of our favorite workplace-related blog posts and articles. If you would like to suggest a link to Erica, please email [email protected]

Here it is: Carnival of Human Resources #21

by Carmen Van Kerckhove

Hi everyone, I’m happy to host the Carnival of HR for the second time here at Race in the Workplace. If you’re new to the blog, we’re all about exploring how race and racism influence our working lives. To catch you up, here are some of our most popular posts from 2007:

How to respond to a racist joke
Why you shouldn’t be colorblind
Diversity training doesn’t work. Here’s why.
If diversity training doesn’t work, why do companies do it?
What to do if you’re experiencing racial discrimination at work

The Carnival of Human Resources, published twice a month, is a collection of blog posts on topics related to human resources, business and training. This brainchild of Evil HR Lady aims to get more people blogging and/or reading about these topics, but it’s also a great way to get new readers for your blog.

The December 12th Carnival will be hosted by Wayne Turmel at The Cranky Middle Manager.

Without further ado, here we go!

Please, Lord, not another trademarked leadership concept
Blog: Wally Bock’s Three Star Leadership Blog
“I don’t like that everybody’s got to have some hook of a brand-like name for what they do. It seems to me that Peter Drucker managed to do a successful job of teaching us a few things without needing a fancy name for what he did.”

The “built environment” discrimination theory
Blog: WorkplaceHorizons.com
“The Randy Newman song “Short People” has found an echo in a new gender discrimination theory that has come into vogue in certain articles and in academic circles. Although the Newman song was considered to be satire, these theories are quite serious in claiming that gender discrimination can result from the physical work environment, frequently in the form of work environments designed for taller, and thus more-likely-male employees.”

Orthopedic Shoes Optional…
Blog: The Best Recruiters Have a Sense of Humor…
“An interesting topic was brought to my attention a few days ago by one of my readers…what agencies are out there recruiting for older candidates? I had to admit that I was stumped. ARE there any agencies out there for an older demographic? I wasn’t sure…and I said as much. I guess the upside of not having an answer is that it got me thinking about my approach to candidates in the “older demographic.”"

Are you a British Library or an “access all areas” leader?
Blog: The Engaging Brand
“Do we as leaders put blocks in the way to people learning…people developing? Do we give access to learning materials or is there a bureaucratic process that makes it difficult? Do we control the development process too much, after all many want to seek the development themselves…..we just need to give them the ability to do it”

Don’t Forget the Quiet Talent
Blog: MabelandHarry
“So often the people who get recognised are the ones who are louder, better at self promoting but often there is some real talent hidden away. Your role is to search for that talent and to let that talent shine. Learn from Emperor Claudius!”

Layoffs and Reductions in Force: Five Things every HR Generalist should know. Blog: Pennsylvania Employment Law Blog
“As credit related losses ripple through the financial and construction sectors, many organizations will be forced to consider job cuts. Selecting employees for lay off must be collaboration between managers and human resources. HR must be able to influence the process to reduce legal risks and assuage the anxiety of remaining employees”

Will You Please Sign Off on This?
Blog: Evil HR Lady
“Now, the HRBPs knew that there was someone like me to save their little rear ends, but they should have acted as if I wasn’t going to pay attention. They should have read carefully and asked questions before approving anything.”

Age discrimination lawsuits and plaintiffs’ victories continue to rise
Blog: Ohio Employer’s Law Blog
“All legal issues aside, the golden rule is the best risk management practice — employers should treat employees as they would want to be treated if in their shoes. Juries are comprised of many more employees than employers, and if those jurors feel that the plaintiff was treated the same way the jurors would want to be treated, the jury will be much less likely to punish the employer, and the dollars needed to resolve the case will be much lower, if needed at all.”

Munchausen at Work: HBR
Blog: KnowHR
“I’ve seen plenty of Munchausen at Work in my career. I think Professor Bennett is being conservative when he says it’s infrequent. After all, isn’t that what half of all meetings are about — some problem created so that someone can swoop down and fix it? It’d be interesting to call people on their Munchausen at Work-iness. It could be the new “Can I give you some feedback?”, only this time it would be, “Is this a real problem or is this Munchausen at Work?” That would stop the disrupters in their tracks.”

11/29 Additions:

Emotional Intelligence and Faces
Blog: SharpBrains
“…according to his research, feelings and facial expressions influence each other. This is, not only a sad person will naturally look sad, but a person who intentionally smiles will feel more content than a person who doesn’t.”

Incompetent people may have no idea
Blog: Ask a Manager
“A fascinating Cornell University study a few years ago found that people who are incompetent tend to dramatically overestimate their own competence, and people who truly are quite competent tend to underestimate their own performance.”