Diversity – From Why To How Workshop 2

1. Diversity – From Why To HowWorkshop 2 Ewan Keen - DLA

2. Objectives • Steps needed to create a diverse workforce • Create environment accommodating difference • Maintain a culture of mutual respect • Assess impending law impacting on diversity

3. Warning About Content • Aim is to reflect reality • Workshop contains hard-hitting examples • 'Colourful' language • Parts of the body described graphically • All examples are real – they've happened • No intention to offend anyone present

4. Managing Change

5. Developing A Strategy • Why develop a strategy? • Core process • Where are we now? • Where do we want to be? • How do we get there? – the plan • How do we know when we have arrived?

6. Core Components Of A Strategy • An audit • Establishing a business case • Setting out the strategy • Policy review and development • Communication and training • Monitoring and maintenance

7. The Audit – Part 1 • Policies and procedures • Company image • Training programmes • Integration into business • Line managers’ knowledge

8. The Audit – Part 2 • Effectiveness of communication • Testing the climate • Workforce/client profile • Monitoring mechanisms • Benchmarking against best practice

9. Business Case • Establishing the case • Reputation/Perception • Relationships with People • Results/Performance • Leadership and ownership • Integrating into mainstream business

10. Developing A Strategy • Mission • Objectives to be achieved • Critical success factors • Action plan • Key HR/business impact areas • Core areas - tasks, deliverables, timescales

11. Policy Development • Purpose, principles and procedures • Communication • Policies required – audit driven • Minimum policy framework for diversity • Beyond employees

12. Communication • Communication is critical • Explain the business case • Values and vision • What's in it for me? • Definition of diversity + explain the process • Maintain open communications

13. Training – Core Principles • Your values • Your policies • Your procedures • Understanding and complying with the law • Acceptable behaviour – respect for people • Why diversity is important to the organisation

14. Training – The Process - Part 1 • Critical in achieving understanding • Based on training needs analysis • Types of programme required by population • Clear aim and learning objectives • Business based

15. Training – The Process - Part 2 • Pilot before roll-out • Validate the learning – short and long term • Incorporate into induction • Incorporate into core skills set

16. Monitoring • You need to measure to manage • Statistical data • Diversity audit + staff attitude surveys • Customer satisfaction surveys • Act on the results – don't sit on them • Communication of progress

17. Key Points • Diversity is a continuous process • It takes time to achieve results • You will make mistakes – learn - don't blame • Make diversity a core part of the business • "Walk the talk"

18. Accommodating Religious Practices DLA

19. Proof Of Religion Or Belief • No requirement for proof of religion • Potential for exploitation • Core or sect beliefs? • Refer to definition in the RB Regs • Use guidance from court judgments to date

20. Cultural Awareness • Analyse the workforce • Analyse your work catchment area • Internet – 2001 Census figures • Religion and ethnic breakdown

21. Top 5 London East Area

22. Reasonable Accommodation • Problems stem from lack of knowledge • Awareness of culture and practices needed • Reasonable accommodation is the key • Indirect discrimination is a danger • Accommodation - where to the draw the line • Objective justification – proportionate to need

23. Key Accommodation Issues • Dress codes • Religious observance • Religious leave • Recruitment and job applications • Social interaction, e.g. events

24. Dress – Cultural Issues • Khalsa Sikhs - the 5 K's • Islam - Qur'an - code of modesty • Hindu - the Tilaka - vermilion • Rastafarians - "dreadlocks" - Lion of Judah

25. Dress - Accommodation • Modified clothing/equipment • Adapting dress codes • Providing beard bags or snoods • Specially designed corporate outfits – saris • Conflict with H&S requirements – adaptation?

26. Religious Observance • Muslims - Salat - prayer ritual • Congregational Salat on Fridays • Jewish – Sabbath – no work • Hindu - bereavement - 13 day mourning period • Muslim - bereavement - burial ASAP

27. Observance Accommodation • Adjusting working hours • Work lunch time – leave early • Allowing time off to be made up • Swapping of hours • Providing a prayer or quiet room • Adjusting bereavement policies

28. Religious Leave • Numerous religious holidays, e.g. Eid – Islam • Use part of annual leave • Swap days off or make time up • Work public holidays • Clear procedures – discuss each year • Flexibility and compromise is the key

29. Recruitment • Do not make enquiries as to … • religious affiliation, worship or customs • Be flexible over interview dates/times • Some may not shake hands • Some may not make eye contact • Dress may be different to expectations

30. Social Interaction - Issues • Muslims regard pork as unholy . • Muslims – other meat must be 'Halal' • Ramadan - abstain between dawn and sunset • Jews - pork - unclean under Mosaic Law • Hinduism - the cow sacred - do not eat beef • Muslims and Sikhs - no alcohol

31. Social - Accommodation • Asking about dietary requirements • Arranging for kosher or Halal food • Food packs for Muslims during Ramadan • Considering no alcohol at events • Non- alcohol kept away from alcohol

32. Social Interaction – Other Issues • Modesty – lowering the gaze • Being alone with the opposite sex • Private sanitary/changing facilities • The caste system

33. What Would You Do? A devout Catholic works in a shop opposite an abortion clinic. She tells her manager she has taken a special vow to protect the unborn foetus. She wants to wear a badge at work which has a picture of a foetus with the words "Protect the unborn at all costs". The shop's dress code states "The only badge that may be worn is the employee's name badge".

34. What Would You Do? A training course consists entirely of team tasks that sometimes involve physical contact between males and females. The new course is a compulsory part of junior management assessment to test 'leadership' skills. Without 'passing' this course there is no path to senior management.A successful female Muslim manager states that she cannot attend as her religion does not permit such physical contact.

35. What Would You Do? An employer provides all employees with an entitlement to a day's paid holiday on each of the nationally recognised public holidays, which includes Christmas Day. If non-Christian employees want time off for a religious festival, they can take time out of their additional annual holiday entitlement. A Muslim raises a grievance on the basis that it is unfair that Christian employees can observe their religious festivals without having to use their holiday entitlement.

36. Implementing A Diversity Model

37. Diversity Model • Culture of inclusion – difference welcomed • Valuing positive benefits of individuality • Mutual respect • Eradicating discrimination • Work life balance provided for • Including employees in decision making

38. Making It Happen • Top level commitment - walk the talk • Communicate values • Install a code of conduct • Range of relevant policies in place • Zero tolerance to discrimination

39. Making It Happen • Try to accommodate unique needs • Train regularly • Evaluate performance against diversity model • Make diversity a performance measure • Weave diversity throughout the organisation

40. Harassment

41. Harassment – Most Cases • SDA, RRA, DDA, SO / RB Regs have definition • Unwanted conduct • Purpose or effect • Violating dignity • Hostile, intimidating, humiliating environment • Reasonableness test where no intent

42. Other Definitions • Rejection of or submission to harassment • “Sex-based harassment” • unwelcome conduct purely related to the sex of the victim • “Sexual harassment” • unwanted conduct which is sexual in nature, i.e. verbal, non-verbal or physical conduct of sexual nature

43. Married, Civil Partners Colour & Nationality • No definition of harassment in SDA or RRA • Nevertheless, regarded as direct discrimination • Less favourable treatment • Resulting in a 'detriment' • 'Detriment' means placed at a disadvantage • Detriment includes injury to feelings

44. Harassment – Direct Discrimination • Case law definition • Unwanted and unwelcome conduct • Resulting in …… • Intimidating, hostile or humiliating environment • Detriment could be failure to appoint • Detriment could also be offensive remark

45. Further Guidance – All Cases • Has to be imposed – "didn't want it or ask for it" • One incident is enough • Individual test applies • But 'reasonable' person test in some cases • Silence is not acceptance

46. A New Challenge • Death of common courtesy? • Political correctness • Multi-cultural society • Changing roles • Litigious society • Risk management

47. Types Of Harassment • Sex • Sexual orientation • Marital or family status • Gender reassignment • Race, colour, nationality, ethnic/national origin • Religion or belief

48. Types Of Harassment • Disability • Age • Union membership • Employment status

49. Types Of Harassment • Criminal record • Health • Physical characteristics • Anyone perceived as ‘different’ at risk

50. Verbal & Written Forms • Crude language • Offensive jokes • Suggestive remarks • Innuendoes - double meaning • Lewd comments • Wolf-whistles