Brilliant Color

Generation Y: Lazy Workers or Rational Reaction to Changing Corporate Climate?

A couple of weeks ago 60 minutes ran a story on the impact of younger workers in the workplace.  The piece noted that younger workers have different expectations concerning their careers than older workers.  According to the story, gone are the days of working your way up through the ranks.  Younger workers are demanding changes in the terms of their employment and are less likely to remain loyal to an employer who does not grant them their requests.

While the story did accurately depict a change in attitudes among younger workers, it was off-base with regard to the causes.  The piece pointed to baby-boomer parenting tactics that encouraged self worth over hard work and results driven praise as the cause of changes in the attitudes of younger workers .  What the piece did not address was what role changes in employer behavior played in the change.  Over the past two decades, younger workers have watched as their parents were laid off or had their salaries cut at the whim of their employers.  This corporate behavior sent a powerful message to the children of the workers that there is no such thing as job security in today's workplace.

Simply put, the change in behavior is probably due at least in part to a recognition of the fact that the employer is going to make choices based on the bottom line.  If the employer can and will make decisions without regard to the impact on individual employees,isn't it rational for the employee to demand all it can and vote with their feet if the company does not oblige?

Confessions of A "Big" Firm Dropout: Why Women of Color are Dissatisfied in the Firm Environment

I ran across this Law.com article this morning that reports a study of job satisfaction among mid-level associates.  The article explained that a study of mid-level associates at law firms indicated that minority women were less satisfied with their firms than white men and men of color and were less likely to see a future with their current firms. 

Frankly, as a firm dropout, this study did not surprise me at all.  Earlier this year the ABA's Commission on Women in the Profession published its own study that came to largely the same conclusions.  From my perspective, the problems stem from partners' and coworkers' inability to see people as the individuals they are, rather than  stereotype based on physical characteristics.  For a woman of color, this inability can result in a double set of stereotypes that are hard to live down.

It is normal to notice the differences among us as long as we are sure we are noticing real differences and not presumptions based on misinformation and outmoded prejudices.  If firms want to increase the feeling of inclusion among their associates, they have to understand that diversity is about nuance and balance and actions speak louder than words.  It is simply not enough to publish policy statements about valuing diversity and recruit at minority job fairs.  Firms have to think about what they will do with the candidates once they become employees.  That means changing the firm's culture if necessary and confronting partners who refuse to get with the program.  If your firm is having a hard time retaining double minority employees, perhaps the firm needs to take a look at whether there are institutional barriers to success that linger rather than writing it off as just another bad hire.

Dr. Watson Presumes Too Much: Nobel Prize Winner Quoted making an Insensitive Statement

I stumbled across this article from the Times of London in which quotes James Watson, the scientist who discovered the double helix formation of DNA as saying that blacks are not as intelligent as people of other races. His comments were made when discussing his opinion for the prospects for change in Africa. He is quoted as saying that things were gloomy in the region because

"all our social policies are based on the fact that their intelligence is the same as ours – whereas all the testing says not really.”

Watson went on to say that: "His hope is that everyone is equal, but he counters that “people who have to deal with black employees find this not true”. He says that you should not discriminate on the basis of colour, because “there are many people of colour who are very talented, but don’t promote them when they haven’t succeeded at the lower level”. He writes that “there is no firm reason to anticipate that the intellectual capacities of peoples geographically separated in their evolution should prove to have evolved identically."

This is not the first time that Watson has made insensitive remarks. In the past, he has been raised the ire of women's groups for his comments about female scientists. It seems that Watson would counter that many of his comments have a basis in science in scientific research. One has to wonder if these statements were made in an effort to help sell his new book. If it isn't, this may just be an example of how seemingly intelligent people can be shockingly ignorant.

The Myth of the Color Blind Society: Why it is Important to See Our Differences

The United States is a nation filled with diversity.  Since the early settlers came to continent people of different "racial" and ethnic backgrounds have shared this country.  Yet despite over 400 years of experience dealing with people of diverse backgrounds, it seems we all still struggle when it comes to speaking openly about our differences.  Often when the conversations arise one participant or another will advance the notion that we should not see color.  While this idea is well intentioned, ignoring the differences among us does more harm than good.

Color-blindness is misguided because it minimizes the value of diversity.  Now when I speak about color-blindness I am not talking about the physical differences.  I am speaking of the cultural differences that have evolved because of the perception of physical differences.  It is not important that individuals look different.  What is important to recognize is the diversity that has developed among people. The problem with the notion of color-blindness  is that it presumes that in order for people to coexist they must be the same.  It is impossible and undesirable for people of different cultural backgrounds to be the same and that should not be the goal.

It may however, be uncomfortable at first for people to embrace the differences among us.  But in order to make progress, we must begin the process.   The reason we must recognize and embrace diversity is intuitive.  Imagine a painting with only one color.  Imagine a garden with only of flower. Imagine dinner with only meat.  All of those things are one dimensional.  What would make each of these examples better is the introduction of variation.  We embrace variation when it comes to art or gardening and food because it makes the experience richer.  The same holds true for cultural diversity.  The differences among us make our combined experiences richer and often more productive.

Although I am an advocate of diversity, I also believe it should be approached thoughtfully.  It is not enough to place people of different cultures together in a room and ask them to hold hands.  For companies considering diversity initiatives aimed at consumers and employees it is not enough to make a statement about a commitment to diversity.  I once worked for a firm that decided to recognize Black History Month.  The well-intentioned head of the firm sent out an e-mail announcing that we would recognize the month and directed each office to organize an event commemorating the month and report back.  I happened to be the only black person in my office, so my manager read the e-mail, walked into my office and asked what I wanted our office to do.  While the manager may have been well intentioned, the interaction made me extremely uncomfortable.  The interaction was uncomfortable because instead of embracing diversity it felt as though the firm was going through the motions of some sort of corporate reparations plan.  What they didn't understand was that retaining me had nothing to do with what the firm did for Black History Month.  What mattered was that they made an effort all year long to include me in the firm's culture and to respect and value how my background added value to the organization. 

Can I Ask You Something? - Cultural Questions In the Work Place

As America's workplaces becomes increasingly diverse, people of diverse backgrounds find themselves interacting more frequently.  With that frequent interaction, curiosity about cultural differences is inevitable.  It would seem that if we know more about each other's cultural norms we might be able to relate to each other more effectively.  But too often good intentions go terribly wrong and what was intended to be cultural exploration can lead to huge problems. While I make no claims to speak for all minorities in the workplace, I will suggest a few tips to minimize the potential for misunderstanding.

• Before asking any cultural questions, make sure that the person you are asking is comfortable with the subject matter.

Excelling in the workplace is about fitting in.  Some minorities may not feel comfortable talking about issues of race and ethnicity because it highlights an aspect about them that is different. Further, the person you ask may be uncomfortable speaking for an entire race of people or simply resent being burdened with satisfying your curiosity.

• Be very cautious when asking cultural questions around subordinates.

Asking these types of questions to subordinates can be dangerous because it could be used against you. If you later make a decision with respect to that employee that he or she perceives to be unfair, you may find that the question is included as evidence of racial insensitivity in an EEOC Charge.

• Be very cautious when asking cultural questions around superiors.

Asking this type of question of the wrong way could stymie your career whether you know it or not.  First, your superiors may question your judgment.  Second, if for some reason you are unable to ask the question in a culturally sensitive way, you may offend a people who have your future in your hands.

• Think about the question before you ask.

No matter how curious you may be, there are somethings that are better left unasked.  Ask yourself if this is something you really need to know for business reasons.  If it isn't business related, it may be better to ask a non-work friend.

• Phrase your questions appropriately.

Think about is how you want to convey the questions before you speak.  Do not mimic, mock or alter your speech or mannerisms in an effort to identify with the co-worker. If you cannot do this, you should tread lightly.

How to Sink Your Discrimination Case

Clients come in to my office all the time who have been treated unfairly by their employers.  Often they want to file a lawsuit to address this treatment but due to choices that they have made, there may be little or nothing that can be done legally.  There are several things you can do to sink your claim before it is ever filed.  Here are just a few that can be fatal.

• Failure to keep up with records.

In employment cases, the employer generally has all the cards.  Most employers have records of their employees that date back to the first time they submit an application or submit a resume.  As a result at the first sign of legal trouble, the employer and their attorneys will look for any reason to justify the decisions that have been made.  An employee who has a corresponding record that contains everything it received from the employer has a better chance of disputing inaccuracies in the employer's version of the events.

• Failure to report inappropriate conduct or comments  to the employer when they happen

Employees must provide their employers an opportunity to correct problem behavior in the work place.  The most obvious reason for this is that federal employment laws provide protection for employers who implement anti-discrimination/harassment policies. That protection effectively limit an employee's ability to recover certain types of damages when they have failed to report the improper behavior.  The second reason to report the improper conduct is that it adds credence to the employee's version of the events.  The simple truth is that in the employment context it is better to be proactive in terms of getting your version of the events out on the table first.  If you are wondering why, ask yourself who you would believe, the person with a clean record who complains about an event or the person who is two steps from termination who suddenly claims to be the victim of discrimination.

• Failure to report the conduct to the proper governmental authority

Failing to report harassing or discriminatory conduct to the appropriate state or federal authority is probably the most damaging mistake to potential employment claims.  Most employment discrimination claims require the employee to report discriminatory conduct to the EEOC or corresponding state entity within a relatively short period.  In many states, claims of discrimination must be reported within six months of the discriminatory conduct or they can never be raised as a basis for a lawsuit.  What's more, reporting the discriminatory conduct to the company has no effect on the deadline.

• Being dishonest with your attorney

In order to pursue a claim on your behalf, your attorney must have the whole truth.  Holding important information back during the initial interview can not only make it harder to evaluate your case at the outset, it can also create problems in your relationship with your attorney.  This is important because your attorney needs to know the good, the bad and the downright ugly at the beginning of the case in order to adequately represent you.  As an attorney, I would rather have you tell me that you were fired for tardiness or filed bankruptcy than have opposing counsel tell me.  More importantly, not all bad facts are fatal to your case, but the only way to know is by disclosing them to your attorney.