Diversity programs in the workplace can provide not only a better working atmosphere for employees, but also protect the employer from costly and sometimes lengthy discrimination and harassment lawsuits.
“Diversity awareness is important not only to manage a work force but also to tap into increasingly diverse customer segments,” said Charles Kirwan, an attorney at Charles Kirwan & Associates in Providence. “Diversity awareness promotes morale, attracts the largest applicant pool, and reminds employees and corporate planners alike that affirmative action today means reaching out to tap into the opportunities and resources presented by Rhode Island’s increasingly diverse population.”
Claims of sex and race discrimination are on the rise nationally – in 2002 there were 29,910 race-based claims made, the highest number of claims since 1995, according to the U.S. Equal Employment Opportunity Commission. Last year, there were more than 25,000 cases of sex-based discrimination and the number has been steadily increasing.
Rhode Island's Market Has Changed. Developers, Builders, Investors and Sellers Must Change With It.
By Emilio DiSpirito IV License Partner | Engel & Völkers Oceanside Leader | The DiSpirito…
Learn More
Even if a case doesn’t go to court, there’s often still a lot of money at stake in litigation, the commission said. The settlement amount for race-discrimination cases has almost doubled in the last six years, from $41.8 million in 1997 to $8.1 million last year. Sexual-discrimination settlements are even more costly – the settlement amount reached $94.7 million in 2002, according to the EEOC.
For companies large and small, having a diversity program in place is a protection and a necessity, although some Rhode Island companies act negatively toward the idea of having one, Kirwan said.
“In Rhode Island, it’s kind of a defensive thing,” said Kirwan. “Discrimination is alive and well, but most places are too small” to have a program in place. Larger employers most likely have programs in place, but it is a necessity, under the law, for a company with more than 50 people to have an anti-harassment policy in place. Diversity is another issue.
“A diversity program – that’s a smart way to look at it,” Kirwan said of anti-discrimination and anti-harassment programs. “(Look at it like) it’s avoiding claims and a hostile work environment and it’s a proactive thing. Most Rhode Island companies are sensitive to the fact that you need a good anti-harassment program, and that increasingly they’re dealing with a Spanish-speaking or Asian clientele.”
A recent amendment to the Rhode Island Fair Employment Practice Act mandates that, in regard to harassment at work, a company is required to provide an explanation of the outcome of any formal investigation of a harassment complaint that is filed, Kirwan said.
Under that same law, if an employer receives notice of a complaint, investigates and takes action to rectify the situation immediately, that the employer is not liable for the actions on which the complaint is based, he said. Having a diversity program in the workplace would see that these steps are taken, relieving the company of any liability that could result in a lawsuit.
The state has a 3-year-old diversity program – the Human Resources, Outreach, and Diversity Office – which operates within the department of administration in the state’s Human Resources Division, and looks at systematic changes within the state’s employment system, according to Beverly Dwyer, human resources program administrator.
“We had a business case to do it, because we expect, within the next five years, to lose one-third of the state’s work force,” Dwyer said. While the state will not refill all of those positions, those that are refilled will “be done so with diversity in mind. It increases the quality of the work force and the effectiveness of the government with the public.”
The diversity office works with all of the state departments and divisions to establish their own tailored diversity program, Dwyer said. The program, she said, has helped state employees meet the needs of the changing work force, as well as their own.
“They’re seeing fairer and more equitable opportunities,” she said of the state workers. Employers from private companies have also sought the state’s help in developing their own programs, Dwyer said.
“It makes us more competitive as employers,” she added. “It strengthens our management principles and makes us the very best we can be. There is a heightened awareness of what diversity is to each individual, each division and to the state. It’s also improving communication strategies – it’s generated a lot of new ideas” on how to educate the public and businesses on these programs.
“It’s only good business – it motivates people, it attracts good business and it allows you to compete for a more diverse client base,” Kirwan said of diversity programs. “The most important thing is achieving effective communication and making it clear that discrimination is illegal, counter-productive and disruptive. There also needs to be a proper reporting program.”
CVS has a diversity mission, according to spokesman Todd Andrews, which includes diversity councils, diversity awareness, training and skills-building sessions, as well as educational events. The company also has a director of ethnic marketing to ensure the company is serving all of its customers where they live.
“It enables us to know and serve our customers better and increase satisfaction and increase our customer base,” Andrews said. “It’s the right thing to do. We do business in (33) states. We can’t afford not to do it. America is a diverse country, and in order to serve our customers, we need to appreciate diversity, and embrace it.”
The main focus of any company’s diversity program should be treating everyone fairly and equally, Kirwan said, and it needs to be visible, even if it’s only written as a policy on an office wall.
“Everybody has to understand that discrimination is not acceptable.”
For the complete current issue, visit our subscription Web site, or call (401) 273-2201, ext. 227 or 234.
