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From Chapter 5: Conventional Wisdom
What is the conventional legal wisdom for preventing workplace discrimination? Have you ever been frustrated by what your lawyer advises on a specific problem? In a highly unscientific sampling, we visited over 50 employment law firms’ websites to see if a conventional wisdom emerged. It did. The following is the conventional wisdom we extracted for minimizing workplace diversity conflicts.
• Review sexual harassment and anti-retaliation policy frequently.
• Base employment decisions on job requirements.
• Develop “programs” to deal with cultural diversity issues.
• “Educate” all supervisors and “make them accountable” for compliance with the employer’s sexual harassment and anti-retaliation policy.
• “Train and sensitize” supervisors and managers.
• “Train and sensitize” employees.
• Establish “culturally sensitive procedures” for receiving and processing “diversity” questions and problems.
• Establish and enforce “clear and safe avenues” of reporting violations or complaints.
• Develop a “risk management program” for EEO claims.
• Develop procedures for “handling” litigation.
• Obtain a signed receipt when distributing the harassment policy.
• Redistribute periodically (at least annually) the harassment policy and obtain updated receipts.
• “Instruct” appropriate managers on the “guidelines” for conducting investigations of harassment complaints.
• “Incorporate” the harassment policy into new employee orientation.
• Document efforts to prevent and correct harassment and any employee’s “failure to take advantage” of the opportunities provided by the employer.
Does this conventional wisdom make you feel more confident about your ability to understand, analyze, and address these complex issues? Do you sleep better now that you have the collective wisdom of over 50 legal websites? Obviously, these gems, while legally correct, do not offer any practical guidance for getting beyond compliance and turning sex, politics, and religion into assets.