EDG 6305 Legal Guide by Roman Rocha https://padlet.com/rrocha61/dkg19xditfgui5gh Module 7 - Roman Rocha en-us 2023-07-15 20:50:09 UTC 2023-07-18 01:36:06 UTC hello@padlet.com Slide 1: Professional Perspective / Audience / Topic rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645622337 My name is Roman Rocha and I plan to be a Human Resources professional once I have obtained my degree. The targeted audience would be the workers in an organization since the goal is to build diversity and inclusion dynamics in which people of all backgrounds can feel respected and learn to work effectively together. I chose this topic because I feel it is invaluable for employers to incorporate diversity management since this organizational process helps foster cohesiveness in the workplace. This practice can help prevent discrimination while enabling all employees to maximize their full potential and bolster company goals and/or objectives.]]> 2023-07-15 22:27:01 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645622337 Slide 2: Practical Summary rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645622842 Citation: Kotkin, M. J. (2008). Diversity and discrimination: A look at complex bias. Wm. & Mary L. Rev., 50, 1439.

Workplace Diversity is important because it helps create an environment that is respectable, reduces potential conflict, and helps build an organization's reputation. For instance, upper management must be able to understand concerns that may arise in the office while building organizational processes that create a diverse and inclusive environment. Additionally, they also have a responsibility to partner with their staff by creating activities that help diversify their office. As a result, these actions help influence the employees to follow the same concepts while also making them more effective with client needs. Therefore, learning about workplace diversity is an essential part of educational law within an organizational environment. As a secondary law resource indicated, "From 154 published discrimination cases in 2001, there were 275 claims, with 65 single-claim cases and 89 multiple-claims" (Kotkin, 2009). Although these numbers are approximately a decade old, these incidents still linger in our social system. With that, it is necessary to ensure that both employers and/or employees learn the traits of equity inclusion so we can prevent unacceptable and/or unlawful acts. Especially, if the organization does not have measures in place to avoid unethical standards, it can lead to legal action. Specifically, negligence and/or liability issues, such as a breach of contract for not protecting their employees from discrimination, can cause a hostile working environment and low morale in the work place.  
]]> 2023-07-15 22:32:40 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645622842 Slide 3: Professional Association The Society for Human Resources Management (SHRM) rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645666209 Link: https://www.shrm.org/hr-today/trends-and-forecasting/research-and-surveys/documents/tfaw%20the%20journey%20to%20equity%20and%20inclusion.pdf

Citation: The Journey to Equity and Inclusion - SHRM. (n.d.). https://www.shrm.org/hr-today/trends-and-forecasting/research-and-surveys/documents/tfaw%20the%20journey%20to%20equity%20and%20inclusion.pdf 

When reviewing the enclosed SHRM report, I was able to retrieve workplace discriminatory statistics that indicated the struggles we continue to have. In fact, it encapsulated that, "a full 30 percent of white workers report that their workplace actively discourages the discussion of racial justice issues at work, while nearly half of Black workers (45%) say the same (The Journey to Equity and Inclusion Report, n.d.). In a wider lens view, the workplace culture lacks training and is not abiding by ethical standards to help improve equity. Therefore, these issues will continue to persist and cause a gap in inclusive change.]]> 2023-07-16 04:19:58 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645666209 Slide 4: Current News Article rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645843631 Link: https://www.nytimes.com/2021/02/24/business/media/new-york-times-workplace-diversity.html

Citation: Robertson, K. (2021, February 24). New York Times calls for workplace changes in Diversity report. The New York Times. https://www.nytimes.com/2021/02/24/business/media/new-york-times-workplace-diversity.html 

In this 2021 article, The New York Times references struggles with workplace diversity. Specifically, it stated that "our current culture and systems are not enabling our workforce to thrive and do its best. This is true across many types of differences: race, gender identity, sexual orientation, ability, socioeconomic background, ideological viewpoints, and more" (Robertson, 2021). Additionally, this article provides many examples of unfair treatment, and unsettling experiences for many in this organization. In the end, upper management declared a plan to revamp their diversity processes and create an environment that reflects their mission and the company they want to be (Robertson, 2021). ]]> 2023-07-16 20:11:58 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645843631 Slide 5: Periodic News rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645846192 Link: https://www.cnbc.com/2020/08/21/apple-google-and-others-are-struggling-with-diversity.html

Citation: Evans, D. (2020, September 4). Tech companies have made big promises, and small gains, for diversity and inclusion. CNBC. https://www.cnbc.com/2020/08/21/apple-google-and-others-are-struggling-with-diversity.html 

This periodical showed diversity and inclusion issues within the technological companies. For instance, the article indicated that "according to the available data from 10 major U.S. tech companies gathered between 2014 and 2019, the percentage of women in these workforces increased less than 2%. The reports that specified gender and race said most of these women were White" (Evans, 2020). Overall, the report continues to provide more statistics on how there are extreme gender and sex inequalities that occur within this workplace environment. This continues to prove my case that training can increase competence of these negative pitfalls that occur.]]> 2023-07-16 20:29:28 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645846192 Slide 6: First Source of Law rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645852543 Law: 47 U.S. Code § 554

Reference List Citation for the Original Law: Equal Employment Opportunity, 47 U.S. Code § 554

Source of Law: United States Constitution

Synopsis: No person shall be prejudiced by their employee due to race, color, religion, national origin, age, or sex. For instance, the two periodicals both had employers that were enacting gender discrimination (i.e., displayed acts such as prejudice and bias). Therefore, they are violating the terms of this specific law ((c) 1-5) which holds them responsible for failing to create a positive environment while also ensuring the compliance of operational processes such as diversity in a workplace.

URL: https://www.law.cornell.edu/uscode/text/47/554


]]> 2023-07-16 21:12:55 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645852543 Slide 7: Second Source of Law rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645854623 Law: 42 U.S. Code § 200e 

Reference List Citation for the Original Law: Unlawful Employment Practices, 42 U.S. Code § 200e

Source of Law: United States Constitution

Synopsis: This law indicates that it is unlawful for employers to follow practices that discriminate against an employee based on stereotypes and assumptions about a person due to someone’s race, color, religion, sex, and origin.  For example, just because someone may have come from another culture and/or country, this should not exempt them from receiving the same treatment as anyone else that resides in the workplace. Additionally, employers cannot deny an employee of benefits or promotions because of discriminatory behavior. Therefore, this law is implemented to ensure employers/employees become more self-aware of potential blind spots that may occur in a workplace environment.

URL: https://www.law.cornell.edu/uscode/text/42/2000e-2#:~:text=It%20shall%20be%20an%20unlawful%20employment%20practice%20for%20an%20employment,basis%20of%20his%20race%2C%20color%2C

]]> 2023-07-16 21:26:22 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645854623 Slide 8: Third Source of Law rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645856116 Law: McLane Co. v. Equal Employment Opportunity Commission (2017) 

Reference List Citation for the Original Law: McLane Company Inc. v. Equal Employment Opportunity Commission, 581 US (2017)

Source of Law: Judicial Law

Synopsis: This case involved sex discrimination (EEOC violation while in the workplace). Specifically, the McLane Company fired a woman after she returned from medical leave and failed to pass her strength test three times. This clearly violates the woman's Title VII rights (prohibits employer discrimination based on sex). Whether she just returned from maternity leave or from being sick, an individual must be given the opportunity to recuperate from the previous condition. Therefore, through the judicial process, a subpoena was filed by EEOC to obtain information as to adequate grounds for firing the employee; however, the company declined to provide the content. This triggered an enforcement action and later the court judgment indicated an abuse of discretion and remanded the case.

URL: https://www.oyez.org/cases/2016/15-1248]]> 2023-07-16 21:36:51 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645856116 Slide 9: Fourth Source of Law rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645860296 Law: Title VII, Civil Rights Act of 1964 (EEOC)

Reference List Citation for the Original Law: Civil Rights Act of 1964, Title VII, Section 703 (2 July 1964). 

Source of Law: 14th Amendment to the U.S. Constitution

Synopsis: Title VII of the Civil Rights Act of 1964 was created to safeguard individuals from an employer that attempts to discriminate against them based on their race, gender, sex, religion, and national origin. However, section 703 provides in-depth guidance on employer practices, agency practices, labor organization practices, and training programs (to name a few). All of which I have been indicating is important for organizations to follow to ensure employees/employers are aware of their rights as well as illegal acts of discrimination. For instance, it is illegal to not hire an individual due to their race, make inappropriate comments about someone's socioeconomic status, and not promote someone due to their sexual orientation. Therefore, this section details the appropriate actions that should occur in the hope to create a positive and diverse environment.

URL: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=L.%2088%2D352)%20(,Rights%20Act%20of%201991%20(Pub.

]]> 2023-07-16 22:08:59 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645860296 Slide 10: Policy or Rule from Institution rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645898304 Organizational Policy: Shannon Medical Center Hospital Policy 8310-19

Reference List Citation for the Original Law: Nondiscrimination on the Basis of Handicap in Programs or Activities receiving Federal Financial Assistance, 45 C.F.R. § 84

Source of Law: Administrative Law

Synopsis: This nondiscrimination policy applies to patients, visitors, physicians, and staff. Some examples that may occur in my organization are refraining from providing care to a client that is of a different race, or sex orientation. Another example that is a common pitfall within medical institutions is discriminatory behavior toward those who are socioeconomically unstable (homeless or low-income).  

In addition to protecting employees under Title VII of the Civil Rights Act of 1964, I will note that this policy memo also discusses that Shannon Medical Center will use diligent efforts to ensure the facilities and all of its programs and activities are reasonably accessible to and useable by disabled persons, including, but not limited to, persons who are hearing or vision impaired, or who have other sensory impairments.

URL: https://www.law.cornell.edu/cfr/text/45/part-84



]]> 2023-07-17 00:15:30 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645898304 Slide 11: Ethical Principle rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645925858 Link: https://www.shrm.org/about-shrm/pages/code-of-ethics.aspx

Citation: SHRM. (2018, May 3). Code of ethics. SHRM. https://urldefense.com/v3/__https://www.shrm.org/about-shrm/pages/code-of-ethics.aspx__;!!KGfBWX4!tOkTJapIrvkPaQPJzmbo0n_838UVNo1kvwVM44DflrnG9zQGtf9CAE-M6sKfhuQhomTVa2ViBo3OzhqH7lZ6MjYW$

According to the Society for Human Resource Management (SHRM) model, I found within the code of ethics an item that references core principles for organizations to abide by. In general, it indicates that organizations must promote fairness and justice with guidelines that illustrate employers must treat people with dignity, respect, and compassion to foster a trusting work environment free of harassment, intimidation, and unlawful discrimination (SHRM, 2018). With that, this ethical principle is a stepping stone to ensuring employers practice positive diversity concepts that can maximize human potential. I truly believe that all organizations must possess a meaningful code of ethics in order to establish ethical standards that can lead personnel and cultivate a professional environment and a successful business. In the end, if this can occur, we can see a decrease in discrimination incidents.]]> 2023-07-17 00:45:48 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2645925858 Slide 12: Non-Law Source rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2646031825 Link: https://www.ceridian.com/blog/support-diversity-and-inclusion-in-the-workplace

Citation: McClendon, D. (n.d.). How to promote diversity, equity, and inclusion in the Workplace. Global HCM software. https://www.ceridian.com/blog/support-diversity-and-inclusion-in-the-workplace 

A source I was able to identify is from Ceridian Dayforce. This organization has branched out to be more than just an HR software company. In fact, the blog I have attached provides a large guide with numerous diverse and inclusive materials. Such as workforce management, talent management, and other HR activities (McClendon, n.d.). This group has a goal to help bring HR innovation to organizations across the continent. Additionally, this blog includes a video hyperlink that covers how to help recognize bias in the workplace and how to create  a more inclusive environment.]]> 2023-07-17 02:31:30 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2646031825 Slide 13: Bulleted List of Recommendations / Best Practices for Compliance rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2646034574 Overall, I hope I have stressed how vital ethical standards such as workplace diversity are for an organization. Without appropriate measures in place, there is a risk of discrimination, a hostile work environment, and liability issues. Therefore, I hope the periodical articles, code of ethics, laws, and other material helped provide an understanding of what discriminatory actions look like. Additionally, I hope it enabled you to try and find value in the differences of others, create a positive culture, and be aware of the laws that prohibit these unlawful acts. 

In the end, I feel that the best practices and/or recommendations I would provide for establishing a positive environment and being legally compliant are:
1.) Engage in more diverse and inclusive training (quarterly versus annually).
2.) Create a mentorship program that promotes diversity. You would have senior leaders assigned to younger employees, providing them with wisdom incorporating diverse practices.
3.) Complete a policy analysis of all discriminatory documentation to ensure all measures are up-to-date.
4.) Strategize and revamp organizational processes that help cultivate diverse interaction with each employee.
5.) Review and evaluate all promotional and hiring processes to ensure all individuals have an opportunity to be recognized for raises or employment.
6.) Create bi-monthly Likert scale surveys to monitor the pulse of employee satisfaction in regard to discriminatory issues in the workplace.
7.) Establish guidelines that make leaders accountable for employees following ethical standards in the office. This prevents compliance from bottle necking.]]> 2023-07-17 02:34:17 UTC https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2646034574 References: rrocha61 https://padlet.com/rrocha61/dkg19xditfgui5gh/wish/2646036611 Evans, D. (2020, September 4). Tech companies have made big promises, and small gains, for diversity and inclusion. CNBC. https://www.cnbc.com/2020/08/21/apple-google-and-others-are-struggling-with-diversity.html

Kotkin, M. J. (2008). Diversity and Discrimination: A look at complex bias. Wm. & Mary L. Rev., 50, 1439.

Robertson, K. (2021, February 24). New York Times calls for workplace changes in Diversity report. The New York Times. https://www.nytimes.com/2021/02/24/business/media/new-york-times-workplace-diversity.html

SHRM. (2018, May 3). Code of Ethics. SHRM. https://urldefense.com/v3/__https://www.shrm.org/about-shrm/pages/code-of-ethics.aspx__;!!KGfBWX4!tOkTJapIrvkPaQPJzmbo0n_838UVNo1kvwVM44DflrnG9zQGtf9CAE-M6sKfhuQhomTVa2ViBo3OzhqH7lZ6MjYW$

The Journey to Equity and Inclusion - SHRM. (n.d.). https://www.shrm.org/hr-today/trends-and-forecasting/research-and- surveys/documents/tfaw%20the%20journey%20to%20equity%20and%20inclusion.pdf 


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