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Any company that aspires to preserve balance within its ranks, especially in the contemporary era of globalization, must incorporate cultural variety. The effectiveness of a global entity’s operations, which involve affiliations with and business transactions with several nations, depends on their understanding of cultural variances. As a result, it is crucial for these businesses to provide training to increase staff members’ knowledge of the value of respecting and appreciating other people’s cultural customs and to enhance their capacity to work in an environment with a broad population of employees. However, diversity training is often a very controversial topic with its opponents claiming that it leads to unethical reeducation and affirmation of biases whereas it may also raise various legal issues, which will be addressed in this paper alongside an examination of the possibility of standardized training and suggestions for improvement.
Legal implications in the creation of a diversity course
Organizations with a culturally diverse workforce usually enjoy higher productivity and innovation than their less diverse competitors do, which is attributable to the abundance of creativity and the variety of perspectives inherent in such a workforce (Hewlett, Marshall, & Sherbin, 2013). Entities seeking to operate globally often invest in training a diverse staff to serve as a representation of their targeted customer base and thus enjoy more business and higher profits because of the perception of inclusivity and the consequent appeal to a broader customer base (Armache, 2012). Hence, in such entities, diversity training is critical to assisting a workforce drawn from a variety of backgrounds to respect and understand each other’s differences since this enables collaboration and the achievement of organizational objectives.
Diversity training programs often seek to identify the defining characteristics and typical beliefs of individuals from a variety of cultural backgrounds, which are then communicated to individuals from other cultures. Before launching a cultural diversity-training program, it is imperative for an entity to conduct thorough research, especially concerning the applicable legislation. This measure enables these entities to keep themselves conversant with of the existent legal framework thus ensuring easy compliance with all required provisions.
Training employees on cultural diversity may help the entity to avoid hefty penalties and litigation costs resulting from lawsuits associated with discriminatory practices. Organizations that lack diversity training programs often suffer from poor diversity management, which usually proves to be very costly in the long run. When an employee opines that the organization he works for is violating Equal Employment Opportunity Commission guidelines, he or she may file a complaint with the commission, which then serves as a mediator. Many organizations often choose to settle such allegations out of court, but if a settlement cannot be agreed on, the commission may institute legal proceedings on the complainant’s behalf or issue a right-to-sue letter in the employee’s favor. If an entity chooses to settle, it often has to incur a severe financial burden as exemplified by Coca-Cola, which settled a racial discrimination claim against African-Americans employees for over $190 million (Lovel, 2003). However, even when the organization does not opt for a settlement, it will have to incur significant legal fees to defend the claim in court in addition to any penalties imposed if it loses the case and the loss of reputation occasioned by such allegations and a public trial.
However, when an organization has an efficient cultural awareness training program in place, it can avert such legal pitfalls. This is because its employees are made aware of what may or may not constitute discrimination and how to avoid it. Whereas the training alone may not be enough to alter a person’s mindset and beliefs, it can help to make employees more tolerant of differences thus reducing the probability of occurrence of discriminatory behavior and the associated legal actions.
Laws and regulations to consider
When establishing a cultural training course, an organization must keep in mind various statutes and regulations relating to discrimination since those legislations determine the contents of the training course. Because of the changing demographics of the contemporary workplace, discrimination is today one of the most critical concerns, and as such, there is a broad spectrum of statutes that seek to address cultural issues either directly or indirectly. The legal framework covering workplace discrimination and cultural concerns encompasses state law, federal law, and organizational policy.
The specific federal anti-discrimination statutes, which may affect cultural diversity training, include the Civil Rights Act Title VII, which came into operation in 1964 alongside the 1991 Civil Rights Act, which prohibits any workplace discrimination as well as harassment on the grounds of an individual’s nationality, color, religion, sex, and race (TrainingToday, 2016). Another relevant piece of legislation is the Immigration Reform and Control Act, which clarifies issues related to the recruitment of undocumented immigrants. Another such law is the National Labor Relations Act, which is a foundational labor law statute addressing the basic rights of people employed in the private sector. Executive Order 11246, which seeks to limit discriminatory practices among government contractors, is another critical law that the trainers should consider (TrainingToday, 2016). Training programs must also consider the Older Workers Benefits Protection Act, which protects older employees from illegal discrimination in the workplace because of their age. Finally, it is also imperative to address the relevant provisions of the Americans with Disabilities Act (ADA) whose purpose is to safeguard individuals living with mental and physical impairments from discrimination in a variety of areas including employment.
When developing training programs and conducting the actual training on areas related to these laws, employers should primarily focus on promotion, recruitment, dismissal, performance review, time off, and compensation since these are the activities most prone to discrimination concerns (TrainingToday, 2016). Training programs should ensure that they educate both supervisors and employees on the classes of individuals who enjoy protection under those laws as well as the specific practices that may lead to violations of the organizational policies and legislation relating to discrimination (TrainingToday, 2016). Additionally, the training program must address the establishment and maintenance of a culturally competent work environment that is devoid of hostility to individuals falling under the protected groups.
Effect of employee demographic diversity on discussions of cultural diversity
Diversity is a term used to describe the ways in which people differ from or are similar to one another. A description of diversity may thus encompass any trait that varies in a specified work unit for example race, tenure or gender. (Fisher, 2004) Whereas diversity may manifest itself with regard to a broad range of characteristics, demographic diversity confines itself to the discussion of observable and stable characteristics such as age, religion, and race. These characteristics typically have a substantial impact on organizational behavior and thus on the debate over issues like cultural diversity.
When an organization has a high degree of demographic diversity in terms of age, cultural diversity may be somewhat challenging to discuss. This situation arises because the workforce will comprise of individuals belonging to different generations, for example, the Baby Boomers and the millennial generation. The members of these generations have different attitudes towards diversity issues, which affects their perception of the discussion (Chatman, Polzer, Barsade, & Neale, 1998). For example, a more significant proportion of the Baby Boomer generation is of Caucasian origin as compared to the millennial generation, which has a more diverse racial composition (Frey, 2016). Hence, because of this, the Baby Boomer generation potentially has a lesser likelihood of being agreeable with and accepting of other cultures since they have less experience with dealing with people from cultural backgrounds foreign to theirs. This outlook is in sharp contrast to that of the majority of the millennial generation who are likely to be very open to other cultures because they have interacted with a variety of cultures for most of their lives (Chatman, Polzer, Barsade, & Neale, 1998). Consequently, this may affect the workplace discussion of cultural diversity because the numerically dominant group is likely to influence the general perception of diversity issues in that workplace and thus influence the effectiveness of cultural training
The demographic diversity of an organization may also affect the conversations on cultural diversity by determining the cultural issues to be deliberated. Different demographic groups prioritize various cultural issues and hence the inadequate representation of some demographic groups may mean that cultural topics pertinent to them remain unaddressed (Lee, 2008). For example, where an organization is primarily male-dominated, it is unlikely that cultural diversity conversations will seek to address cultural concerns relating to work-life balance since these mainly affect women who have little representation in such a workplace and thus lack someone to present that as an agenda for deliberation (Ferris, 2004). Similarly, an organization whose demographic composition entails a low number of Asian employees would be unlikely to address cultural issues related to stereotyping and limited employee development since there would be nobody to push the issue (Lee, 2008). Consequently, the cultural issues discussed in a workplace are directly reflective of the organization’s demographic composition and an entity seeking to introduce effective cultural training must first ensure it is as demographically diverse as possible.
Ethical implications to consider
When instituting a cultural diversity-training program, it is imperative for an organization to consider a variety of ethical issues chief among which is the risk of inadvertently stereotyping employees. A stereotype refers to a generalization made about a particular group of people, which may or may not be founded in truth. For example, there is often an assumption that men have a higher likelihood of being assertive whereas women are more likely to value relationships. Another persistent stereotype is that individuals of African-American descent have a poor work ethic (Wingfield, 2015). Since diversity training exercises often allow people to express themselves, they provide a platform for individuals to present such stereotypes based on their experiences thus inadvertently reinforcing them even in people who may not have personal experiences. This reinforcement then leads to inaccurate and unfair decision-making because people will rely on the stereotype to make a decision on an individual without examining whether the stereotype holds true for that person. Consequently, it is imperative for the entity to consider whether the adverse ethical outcomes of the training outweigh its positive side.
Another crucial ethical implication of diversity training is the potential emergence of religious conflicts. Culturally diverse workforces typically have members drawn from different religious backgrounds, which may open the door for conflict (Jones, King, Nelson, Geller, & Bowes-Sperry, 2013). For example, diversity training emphasizes on embracing differences and working together with others regardless of their sexual orientation. However, strong adherents of religions that advocate strict heterosexuality may fail to reconcile the diversity teachings with their personal, religion-based beliefs thus causing conflict. In such situations, it is imperative for the managers to emphasize that respecting others at work is paramount and supersedes one’s personal beliefs.
Standardization of diversity training
Many global organizations often seek to employ standardized diversity training programs in a bid to save on costs and streamline their training activities. However, this one-size-fits-all approach to diversity training for global entities is a flawed approach because it fails to recognize that approaches to training methods differ from one culture to another thus leading to the ineffectiveness of training due to backlash from trainees who do not relate to the approaches employed (Chebium, 2015). For example, in the Western world, interactive methods of training are preferred with trainees favoring an engagement with their tutors. However, such an approach is inefficient in a place like Japan where a more structured, classroom-based training approach is preferred (Chebium, 2015). However, where an organization employs the use of multi-national teams, it is imperative to conduct joint training sessions, which allow the participants to interact and thus experience each other’s cultures firsthand thus ensuring good relations during the actual teamwork. In such situations, electronic media are the best techniques to use in training with an example being video conferencing, which permits both live interactions and saves time and money usually incurred in flying people out to participate in physical training sessions.
Recommendations for training course implementation
In implementing a diversity training course, an organization should pursue a five-step process beginning with the identification of a strategic goal and the determination of the components required to bring it to fruition (Santana, 2010). An example of such an objective is to increase the number of minority individuals in the workplace, which can be achieved through observation of the present situation, the determination of the needed tools and behaviors, and the methods of motivating internal performance. The second step is the isolation of behaviors, skills, and knowledge necessary to ensure the target group’s performance (Santana, 2010). Next, the organization should search for or build the training program, which will ensure that the knowledge and training imparted is specific to the entity’s needs and not general. The fourth step is the identification of effectiveness testing methods, which are important because they indicate the success or otherwise of the initiative. The final step is the provision of diversity training coupled with testing for success (Santana, 2010). The feedback obtained from the testing process can then be used in the improvement of the training program.
Conclusively, it is evident that cultural diversity training is a fundamental component of any organization and even more so for one seeking to operate globally. Diversity training enables an organization to avoid litigation costs associated with non-compliance with anti-discrimination practices while enjoying the creativity and innovation associated with a diverse workforce. However, an entity must consider several factors when instituting a diversity training program and these factors range from ethical concerns about reinforcing stereotypes to its demographic diversity. While designing its cultural training program, the entity must resist the urge to implement a standardized curriculum since this is mostly ineffective but must instead adopt the five-stage approach to ensure the achievement of its training goals.
References
Armache, J. (2012). Diversity in the Workplace: Benefits and Challenges. Journal of International Diversity, 2012(1), 59–75.
Chatman, J. A., Polzer, J. T., Barsade, S. G., & Neale, M. A. (1998). Being different yet feeling similar: The influence of demographic composition and organizational culture on work processes and outcomes. Administrative Science Quarterly, 43, 749–780.
Chebium, R. (2015, January 7). How to Create an Effective Cross-Cultural Training Program. Retrieved November 23, 2017, from Society for Human Resource Management: https://www.shrm.org/hr-today/news/hr-magazine/pages/010215-cross-cultural-training.aspx
Ferris, M. (2004). What everyone said couldn’t be done: Create a global women’s strategy for IBM. The Diversity Factor, 12(4), 37–42.
Fisher, A. (2004). How you can do better on diversity. Fortune, 150(10), p. 60.
Frey, W. H. (2016, June 28). Diversity defines the millennial generation. Retrieved November 22, 2017, from Brookings: https://www.brookings.edu/blog/the-avenue/2016/06/28/diversity-defines-the-millennial-generation/
Hewlett, S. A., Marshall, M., & Sherbin, L. (2013, December). How Diversity Can Drive Innovation. Retrieved November 21, 2017, from Harvard Business Review: https://hbr.org/2013/12/how-diversity-can-drive-innovation
Jones, K. P., King, E. B., Nelson, J., Geller, D. S., & Bowes-Sperry, L. (2013). Beyond the Business Case: An Ethical Perspective of Diversity Training. Human Resource Management, 52(1), 55-74. doi:10.1002/hrm.21517
Lee, A. M. (2008, March). The Power of Many: Diversity’s Competitive Advantage. Incentive, 182(3), pp. 16–21.
Lovel, J. (2003, May 5). Race discrimination suit targets Coke bottler CCE. Retrieved November 23, 2017, from Atlanta Business Chronicle: https://www.bizjournals.com/atlanta/stories/2003/05/05/story1.html
Santana, J. (2010, July 27). Does Diversity Training Work? Retrieved November 23, 2017, from Prism: http://www.prismdiversity.com/news/does-diversity-training-work.html
TrainingToday. (2016). Developing a Training Plan for Legal Compliance. Retrieved November 22, 2017, from TrainingToday: http://trainingtoday.blr.com/article/developing-a-training-plan-for-legal-compliance/
Wingfield, A. H. (2015, October 14). Being Black—but Not Too Black—in the Workplace. Retrieved November 23, 2017, from The Atlantic: https://www.theatlantic.com/business/archive/2015/10/being-black-work/409990/
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