Translator: Denise RQ Reviewer: Ilse S. Úziel When I was about 8 or 9 years old, I had what turned out to be a defining moment. For some reason - still unclear to me more than 55 years later - as she was sitting down, I pulled the chair out from under my classmate Rosetta.
I was immediately sorry that I did it. She fell on a hip on the floor, everybody laughed. I was horrified.
And in my moment of shame, I realized that it was entirely possible to have an idea of who you are and what you are about, and do something totally at odds with it. If 8 or 9 year olds had mission statements that talked about what their life was like and what they would do to make decisions, mine would have been that I would have been nice, I would have been kind, I would have treated everybody equally. And none of that was reflected in what I did with Rosetta that day.
I have come to think of these as Rosetta moments. (Laughter) With the kinds of stuff that I do professionally, I have an interest in mission statements as they relate to issues of employment, workplace, discrimination, diversity, and inclusion. With Laura Pincus Hartman I coauthored the leading text in employment law for business in the country, that actually established the discipline, about 21 years ago.
With Linda Harrison I coauthored the only textbook in legal, ethical, and regulatory business, "Environment of business" that totally incorporates diversity in every chapter, because that's how it occurs in life. Both [published by] McGraw-Hill. The reason I do that, and the reason I engage in the kind of activities I do, the research, the writing, the advocacy, the seminars, the presentations, the workshops, all of it, all of it is about trying to make it, so that people understand more about diversity, and that they can avoid unnecessary workplace liability for violations of Title VII of the 1964 Civil Rights Act.
As you know, that Act prohibits discrimination in the workplace on the basis of race, color, religion, gender, national origin, age, disabilities, genetics, and even to some extent, sexual orientation and gender identity. When these claims arise on the workplace, I need to tell you it drives me crazy. Because they are so avoidable.
Incredibly avoidable. And several years ago, I came up with the idea of practical diversity. It's a way of training employees, and the whole attempt is to take it from the theory that may be in somebody's mission statement somewhere in a drawer, to actually practicing it by acting it, and if you do it correctly - It's not hard to do, as you'll see in a few minutes - it can inform every single workplace decision you make, that could potentially result in liability, and you can avoid it.
One of the things I had to, - but before I do that - let me just say to you that you recognize practical diversity, even if you haven't heard the term yet. You know what it's missing. Last month there was a case involving a trucking company in Denver.
The trucking company had a 15 million dollar judgment against it for race discrimination. 2015, race discrimination, 15 million dollars. I don't know of a workplace that can afford to take that kind of hit, for a totally unnecessary activity.
They segregated their employees by race, they only allowed white employees to be able to work on bonus double paydays, managerial employees called black employees the N word, they allowed white employees to do it too, and when a white employee tried to help, he was terminated. The court said that they had discriminated in every aspect of employment. That's very unusual.
They said they highly regarded their diverse workplace, and that they treated all of their employees with the kind of respect and dignity they themselves would want. Clearly there was a disconnect between their theory of diversity, and how they acted it. The decisions that were made were absolutely avoidable.
I haven't said a thing to you that made you think: "Oh, there's no way they cannot do that. " It was avoidable. 15 million dollars later they're dealing with this.
One of the things that you probably wonder about when you deal with something like this, is, and believe me, after thousands of cases and talking to thousands of employees, managers, supervisors, business owners, students over the years, I've come to understand that what we tend to think of as the reason why people engage in activities like that, is not always quite what we think it is. Most of us think if people engaging in stuff like that that it tends to be because they are racist, or sexist, or homophobic. Maybe not so much.
When my daughter Jennifer, two weeks after she turned 4 we moved from Washington DC, where she was born; to Jacksonville, Florida. One of the first orders of business was to find a doctor. We were sitting in an examining room waiting for the doctor to come in, and when the doctor came in he had to immediately go back out to get something that he forgot.
So Jennifer said, "Who was that? " I said it was the doctor. She said: "No, I mean the person who just came in the room.
" I said: "Honey, it was the doctor. " She said: "But it couldn't be the doctor. " I said, "Why?
" and she said, "Because he was white. " It's OK to laugh, I was as horrified as you are, because we had never had a conversation, I assure you, that said that only black people could be doctors. (Laughter) What I quickly realized was that Jennifer had grown up in DC which until then was called 'chocolate city' because it had over 60% of black population.
Jennifer had never seen a white doctor. So the message she took away from that was that doctors had to be black. That may sound ridiculous to you, but we all walk around with those things in our head.
And it starts as soon as we come out, and they put us in a pink blanket or blue blanket, to send the message that we are a girl or a boy. What I did not tell you about that Rosetta story is that the reason that I did what I did to Rosetta in particular, to the extent you think about it when you are 8 or 9 years old, is because I had gotten a very distinct message from my friends at school, that Rosetta was poor and it was OK to do that to her. Did anybody ever tell me you can treat poor people that way?
No. But I got a very distinctive message because of things that were going on and the way she was treated, in the very limited interactions that we had as kids. So we think we grow up, we think that this things are no longer an issue by the time we get to the workplace, and it's still there.
It's amazing what's still there, and part of practical diversity and acting it is discovering what that is, and being able to do what you can about it. So, I'm in a workplace one day doing a workshop on diversity, and part of what we are doing is cultural introductions. So we break up into small groups, we talk about these messages that we've received and they're about race, gender, a whole list of things.
Then we get back together, and we talked about what we discovered. We got back together, a guy gets up as a volunteer, he's white, and I ask him what his messages were about race growing up, and he told me he had none. As like "I don't know what planet you are from, but you will have some race stuff," so like, "Are you sure?
" (Laughter) He said "No, I didn't have any messages about race while growing up, of course we didn't allow black people to live in our town, so I didn't have any messages. " (Laughter) Everybody in the room did exactly what you did, including him, and then his face got really serious and he said: "You know, I feel awful, I'm about to retire. and I've hurt so many black people over the course of my career and I feel really bad about it because of something in my head that I didn't even know was there.
" So the message is real and they're still there when you are in the workplace. But how can you deal with them if you don't know that they are there? So I came up with this idea of practical diversity to deal with this.
I want to be clear that you understand that this is not some pie in the sky, let's all hold hands and sing Kumbaya kind of scheme. I'm a lawyer, I teach law in the College of Business, I don't teach sociology, I don't teach theology, I teach law. Being in the College of Business means I am all about the bottom-line.
I want to help you save money by not having to spend 15 million dollars for a really stupid mistake that was totally avoidable. And the other thing I need to tell you is that I know that it works. I've seen it over the years, I've been doing it for ages.
This morning before I left home, I had an e-mail from an old student of mine who said: "I hope you remember me, it hasn't been that long, but I wanted to write to tell you that your employment law course that I took serves me everyday because what you taught us ends up preventing me," - he was in a family of business so he really cared about the money - from discriminatory acts at least three times a week. " So this is really serious stuff. But it's so simple that you are going to say, "OK, she's trippin'.
" (Laughter) I'm not. Tried-and-true it really does work. Three things to it.
Three principles that I'm going to leave you with, and they are things you can start doing right this minute as you sit in your seat. And it's amazing what they can do. The first thing: figure out what your messages are that may have a problem in the workplace and deal with them.
Two: stop being so judgmental. 'Different from' does not necessarily mean 'less than. ' You don't get to hand pick your coworkers.
Three: do what your parents told you to do. Use the golden rule. Treat other people as you would like to be treated.
Be kind, be respectful, be compassionate. You think those things don't have something to do with being on a workplace? Try getting up everyday and go into a workplace without them.
I'm sure that's how the people in the trucking company felt. Part of what happens when you do these things is that you become much more aware of your actions and you realize, - and this is going to trip you out when I'll say this - it truly is all about love, it's all about love and the way you treat people. We're talking about millions of dollars of claims that could've been avoided because of somebody respecting another person and who they were.
Not assuming that just because they were different from them they were less than. So, I'm in a workplace, I'm getting ready to take to the stage, it's a big auditorium, graduating like in a movie or something. I start down the steps, crowded full of employees.
I start down the steps and somebody stands up in the room and says very aggressively and loudly: "I hope you're not going to tell me to love those homosexuals because my Bible tells me that a man laying with another man, as with a woman, is an abomination. I think it's disgusting, and I'm not going to do it. " Well, since I had not even said a word yet (Laughter) the first order of business was: "Well, good morning to you, too.
" And then I said to him: "I've contracted with your employer to come here today to talk to you about some things, that are of a very serious nature for your employer, he's worried because of the potential for liability. So I'm going to do what I was contracted to do, and if you have a problem with what we discuss by the end of the day, you need to talk to your employer about it. Two, let me be clear from the beginning that this is America.
You get to like anybody you want to, no matter what it is, I'll defend your right to do it. What you don't have a right to do is to use those thoughts and translate them into action that then gets your employer in trouble and they have to pay for. That you don't have a right to do.
Three, given your argument, you are going to have to expand that group son. Because it's all going to be sin under your estimation. Let's add in the liars, the fornicators, the adulterers, the drunks, the people that covet their neighbors' wives, add them all in there, and then, maybe it'll be a credible argument.
Fourth, you're hired. You're here to do a job. I'm sort of worried about why you are spending so much time thinking about the sex lives of your coworkers.
" (Laughter) What's that about? (Laughter) They laughed just like you did, and he visibly relaxed. To the surprise of everybody in the room, he said: "I've never thought about it like that before.
That makes perfect sense. " "Well, thank you for that. " And he sat down.
(Laughter) So it works, I promise you, if you figure out what your messages are, stop being so judgmental, use the golden rule, you will end up having far fewer workplace discrimination claims, and far fewer Rosetta moments. Like Notorious B. I.
G said (Laughter) - you didn't expect me to say that, did you? - (Laughter) "Now you know, OK? If you didn't know, now you know.
" (Laughter) That's my story and I'm sticking to it. Thank you.
