California's Supreme Court has issued a ruling that bars doctors from withholding medical care to gays and lesbians based on religious beliefs, holding that the state law that prohibits discrimination based on sexual orientation extends to the medical profession. The ruling was unanimous.
Source: The Associated Press, August 18, 2008
The Dangers of Diversity Training
Thinking about doing diversity training? Maybe you've heard it is a good idea to have experiential training that will make people more sensitive to the concerns and challenges of others who are different. Some trainers specialize in this type of training, which requires participants to express their most hidden and honest feelings, or perhaps to role play situations that may be discriminatory or harassing, so that they know how it feels. Do you think that sounds like a good idea? Maybe you had better think again.
Although such therapy/encounter group based training sessions can be very powerful for participants, there are real dangers involved with sponsoring this type of training in your workplace. Consider the case of Stender v. Lucky Stores. A diversity trainer had asked managers to express negative stereotypes about women as part of a class exercise. An HR staffer took notes. Later, when female employees sued Lucky Stores alleging lack of promotion opportunities for women, the court ordered the company to turn over the notes from that class as evidence of discriminatory attitudes and stereotyping of women. The plaintiffs won the case to the tune of many millions of dollars.
There are other problems with a therapeutic approach to training, as opposed to one that emphasizes appropriate workplace behavior. The former type of training is usually only effective for those who are already open to it-- so the training ends up preaching to the choir. Not surprisingly, many people are hostile to the idea that their basic beliefs and values are flawed and must be changed from the outside. Forcing them to participate in training that they feel is disrespectful to them will only harden those attitudes, not change them.
It is more effective to focus training on what you have the right to control in the workplace-- i.e., the behavior and actions of your employees, not their attitudes and beliefs. With very few exceptions, people have the right to believe anything they want as long as they behave appropriately in the workplace. This doesn't mean that anything goes. Quite the opposite. For example, it is important to note that speech is a behavior, even if it serves as an expression of a belief. Although citizens have fairly wide rights to free speech in their personal lives, the law has upheld significant limits on speech and expression in the workplace.
So what is the best way to approach diversity training? First, define exactly what will be covered. Diversity training is not the same as anti-harassment training. Second, make sure the trainer is well versed in the specifics of your work environment and can use examples from that profession to illustrate concepts (using a corporate office video to train firefighters is usually not effective, for example.) Third, make sure the classes are small enough to be interactive but large enough that no one feels singled out (18-25 people per session is ideal.) Fourth, make sure the training is done in an inclusive and respectful manner to everyone present. It is impossible to teach respect while treating people disrespectfully.
When diversity training meets the real needs of the participating group, and is done in an inclusive, informative, and non-threatening way, the results will be surprising. You might even have people tell you that they are eager for more.
Source: Business and Legal Reports, August 13, 2008
©
Linda F. Willing, 2008