Introduction Cultural Diversity is about differences that exist in the workplace. The dimensions that coincide with cultural diversity include Title VII of the Civil Rights Act of 1964, which states that no employee will be harassed or discriminated against on the basis of color, sex, race, age, national origin, religion, or disability (EEOC, 2010). This paper will demonstrate what happens when The Redwoods in Yosemite did not show that social and ethical responsibility and its existing compliance issues.
This vacation-rental company should also understand the functionalities of the Equal Employment Opportunity Commission and its role if a lawsuit is filed in court. Promoting social change occurs when understanding that the differences that arise in the workplace should be appropriately addressed preferably with the Human Resources department or they may end up as a lawsuit in court with the ending result costing $165,000 in compensation or more as presented in the real-life case presented in this paper.
Compliance Issue of Lawsuit Title VII of the Civil Rights Act of 1964, states that no employee will be harassed or discriminated against on the basis of color, sex, race, age, national origin, religion, or disability (EEOC, 2010). Resulting from this Act was a lawsuit filed in September, 2009 between the long-term seasonal Latino Housekeepers and a Non-Latino manager who defended the housekeepers against Wawona Property Management, Inc. who works under the name of The Redwoods in Yosemite, a vacation-home rental property.
The employees who were from Salvadoran and Mexican decent were harassed and demeaned due to their national origin, all because the operations manager did not like minorities. The non-Latino manager was retaliated against because he fought to do the right thing in preventing the bad behavior from the operations manager. The employees were disciplined for calling in sick due to a family emergency, while non-Latino employees were promoted even with poor work performances.
The operations manager also verbally abused the Latino staff and stated that “Mexicans had given [him] a headache and that he did not like people of color (EEOC, 2010). Functions of the Equal Employment Opportunity Commission The responsibility of the EEOC is to monitor and enforce “federal laws that make it illegal to discriminate against a job applicant” (EEOC, 2010). If employees are discriminated against in the workplace and the company fails to comply, the employee can file charges against the business. The filing process begins by contacting the Equal Employment Opportunity Commission.
This step could close the claim if a resolution is accepted between both parties. If the parties cannot agree to a resolution, then the EEOC will begin the investigation process that includes assigning a case number, speaking with both employee and the employer, and gathering information from potential witnesses. It is important to note that this process could go on for up to five years. The EEOC’s Role in the Lawsuit The EEOC filed a lawsuit against Wawona and was assigned case number: 1:09-CV-016903 LJO-SKO.
All parties entered into a three year consenting decree where The Redwoods of Yosemite would put controls in place to prevent discrimination, retaliation, and harassment by conducting regular diversity and anti-discrimination training to all employees regardless of whether they were English or Spanish-speaking. The company will also incorporate specialized training for the management staff to help them identify discriminatory and unlawful business practices and provide the necessary information in order to properly report and track violations while making each employee aware of the ramifications of discrimination, retaliation, and harassment.
Promoting Social Change Social change will take place one individual at a time. But, the only way this process can be successful is through educating the public of how the differences of others can actually have a positive impact on society as a whole. Identifying areas where we are similar and focusing on these points can help individuals and groups work better as a team because they are able to see common ground with others from different backgrounds. Focusing on similarities can also help encourage diversity by bringing people together by a common interest.
Diversity does not necessarily have to be a negative experience. Individuals and companies can use this as an avenue toward positive change and unity among communities and employees. Overall, focusing on similarities will result in more positive results and help people embrace diversity with an open mind. Implementation of Strategies The solutions necessary to prevent discrimination, harassment, and retaliation must incorporate strategies that help companies to stay on track with the rights and responsibilities and hiring practices that promote positive ethical behavior in today’s workforce.
For example, the Human Resources department must take the initiative to provide the proper training to employees to make sure the employee/manager does not put the company at risk by blatantly belittling or harassing employees due to their national origin and race or terminating employees because they chose to fight against that “conduct unbecoming in the workplace. ” Businesses should: •Conduct regular “best practices” training for employees with special training for the managers. •Notify managers through “Code of Ethics” of the ramifications of discriminatory practices. Review the current business practices to identify process improvements. Comparison of EEOC Press Release and the News Article The press release from the newsroom of the EEOC aligned well the news article of the Sierra Star. The Sierra Star article was almost word-for-word of the EEOC press release; however, there were in some cases more detailed information of the case along with providing the names of the plaintiffs. This comparison shows how the media investigated the story and stuck to the true facts without inserting opinions to draw out unnecessary emotions from the public.
Conclusion Legal, cultural, and ethical responsibilities are important drivers to the success of The Redwoods in Yosemite. This business has the responsibility to enhance the best practice policies when it comes to building diverse working relationships while learning from their mistakes or failures, hence preventing a legal dispute. It is so easy to judge those who look different or do things that are different, but we should remember that our differences are what make us unique.
Rather than judge, form, and act on misguided opinions, we should ask questions and learn about one another. Identifying these differences and using them as an advantage can aid businesses and individuals in embracing diversity and implementing it into the workforce and everyday life. Accepting differences and eliminating misconceptions can have a profound positive effect from a business perspective, but this will only prove successful if people are willing to have an open mind and accept change.
Possessing a diverse workforce not only prevents legal ramifications, but it can also strengthen corporate values and ethics. In addition, diversity can bring a fresh set of ideas and solutions to an issue. Ultimately, it will take time, communication, and an open mind to remove misconceptions, and by taking small steps toward respect and acceptance we can all learn to get along in a more diversified environment, less the expensive ramifications of a $165,000 lawsuit. Reference EEOC. 2010). The Redwoods in Yosemite to Pay $165,000 for Harassment and Discrimination Against Latinos. Retrieved on October 28, 2010, from https://egov. eeoc. gov//newsroom/release/10-20-10c. cfm Fahy, C. (2009). Social Class Diversity. Understanding and Managing Diversity: Readings, Cases, and Exercises. Prentice Hall by Pearson Education, Inc. Wilkinson, B. (2010). The Redwoods to Settle Discrimination Lawsuit. Retrieved on 10/28/2010 from www. sierrastar. com/2010/10/28/v-print