Name: Diversity and Inclusion
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Question 1

Is a breast feeding mother that needs to pump at work a protected class?

Accepted Answer

Yes. Breast feeding moms are now protected at work.

Question 2

In the skits in section 5 where the women expresses her uncomfortableness with sharing a restroom what was the issue? I assume those who identify with a gender that doesn't match their biological gender are also feeling uncomfortable leading to the policy in the skit. I'm confused how one's discomfort trumps another persons.

Accepted Answer

Yes, you're right that everyone's comfort (or discomfort) on these issues is important.
That particular scene was intended to call out the person's lack of diplomacy on a very sensitive topic. She's entitled to feel discomfort and awkwardness, but given the sensitive situation, she should ideally be a bit more tentative in her comments before she knows her colleague's feelings on the matter.

Question 3

Why are the rights and comfort level of a woman who "identifies as a man" using the men's room more important than the rights and comfort level of a moral, heterosexual man? Why is this course requiring people with firmly held religious convictions to acquiesce to the latest cultural standards in order to show a completion of this course?

Accepted Answer

The issue is less about promoting cultural standards and more about focusing on how people raise and/or discuss the workplace issues they're not comfortable with.
If we understand that people have strong opinions on all sides of an issue -- then it helps everyone be more respectful when bringing up that issue -- regardless of where they stand on the issue.

Question 4

Hello. I have a question. I'm as Asian American woman. There are often situations where I'm mistaken or called by another person's name and it always happens to be another Asian woman. I find this offensive and irritating but don't often say anything. What is your take on this? Thanks.

Accepted Answer

You may want to suggest to senior leadership or the HR business partner that a diversity and respect issue exists when Caucasian employees seem to struggle remembering the names of their Asian co-workers.
It's ultimately a workplace culture and respect issue and it's likely your senior leadership would like to address it if they knew about the issue.

Question 5

Who's Side Are You On, Anyway?" seems to be about talent exploitation or not recognizing achievement, rather than sexual harassment issues. If evaluating the latter, the evaluation would merit a yellow. Or are we evaluating the overall "exploitive" aspect, which rates orange or even red? Unsure.

Accepted Answer

That scene and questions are intended to show workplace bias with some amount of unhealthy workplace conduct based on the older male partner's comments about women at the Rosewood Hotel. I believe that scene reflects "orange" conduct because it's about to trigger a large lawsuit from the younger woman.
One objective of this material is to show people what unhealthy situations look like before they explode into claims and lawsuits. If people see when a situation turns "orange" -- they're in a good position to course correct and get back on a good track before experiencing a big blow up.
Hope that helps.

Question 6

Hi, I have a question. What if I am an employee who has a political viewpoint that differs from those around me, and I constantly hear that viewpoint openly mocked, derided and denigrated by colleagues in the workplace within my earshot? This atmosphere can make it difficult to work effectively and has a decidedly hostile feel to me -- over my legally protected right to hold whatever political views I wish. What are my possible recourses?

Accepted Answer

Thanks for your question and so sorry you're experiencing a difficult situation. People should not be mocking or deriding co-workers based on their political views.
Even if it's not harassment, you may want to let your co-workers know that you'd appreciate if they didn't comment on your political views and that discussing politics in the workplace is the easiest way to trigger employee conflict.

Question 7

The module states that the only medical conditions subject to harassment claims are a diagnosis of cancer and a genetic characteristic. Can other medical conditions (heart condition, retinitis pigmentosa, etc.) be covered under disability?

Accepted Answer

Yes. Those other conditions are covered under disability.

Question 8

Why is age only a protected characteristic for people over 40. Are people under 40 not subject to discrimination based on their age?

Accepted Answer

Most state and federal lawmakers have protected age once people are 40+ because discrimination against that demographic causes the most costly harm to society in terms of lost wages and inability to find new work, etc.

Question 9

Are companies able to get around having a third gender neutral bathroom by claiming undue
hardship? If not, then is my current company in an orange state for not offering that option?

Accepted Answer

Right now, there is no state or federal law requiring employers to create gender neutral bathrooms. Several states require employers to allow people to use the bathroom reflecting their gender identity but that doesn't mean employers have to create a specific facility.
Having said that, the creation of gender neutral bathrooms is gaining critical mass and there is bound to be a tipping point in the next 4-5 years where it becomes ubiquitous.
Providing gender neutral bathrooms is following the pattern of other workforce developments (using email, PTO instead of vacation time, 401K) that take a while to reach a tipping point.

Question 10

Is sexual orientation and gender identity not a federally protected class yet!?

Accepted Answer

Unfortunately, the U.S. federal government does not yet protect sexual orientation or gender identity.
Here are the personal characteristics that the federal government does protect:
https://www.eeoc.gov/employees/charge.cfm

Question 11

Is it legal for a company to enforce a strict facial hair policy? Reason for asking is because it is more burdensome for men than woman which would make it not legal wouldn't it?

Accepted Answer

It is legal and acceptable to enforce a facial hair policy as long as it supports legitimate business needs. The amount of extra work for men v. women would most likely be considered nominal and acceptable if it furthers a good business objective.

Question 12

Are members of known hate groups protected? Can I be disciplined for pointing them out (though not disrespecting them in any other way than pointing out that association). As a white man, am I allowed to talk about or acknowledge white privilege?

Accepted Answer

An association with a "hate group" would not be legally protected.
But if you talk about "white privilege" -- that is referencing a protected characteristic (race).
So discussing "white privilege" in the workplace is "orange" conduct and could quickly trigger some negative reactions from your co-workers.

Question 13

I am >60 years old, more qualified, better credentials and vastly more experienced than a much younger person holding the identical position, who is paid almost 25% more than I am. clients in the other persons facility come to me for help, claiming my counter part cannot get anything done, which I find as humiliating. is this age discrimination?

Accepted Answer

Sorry for your work situation.
Providing an assessment of whether a situation is or is not discrimination or harassment involves a detailed analysis of the entire situation, including interviews with relevant witnesses. So it's impossible to provide an opinion in this format.
However, if you feel like you're experiencing age discrimination, you should describe the situation and the duties you believe to be comparable but which have a pay differential between you and the younger co-worker.
Without labeling the conduct, ask for help (from the HR team or senior managers) in evaluating the equity of the situation and/or modifying the situation if warranted.
Hope that helps.

Question 14

What do you do when you feel that the management appears to be and function as a "men's club" and you as a woman manager do not feel that the environment is actually inclusive

Accepted Answer

If you don't feel included in your organization, you may want to suggest team activities in order to support (generally) closer relationships and strengthened teamwork in the organization. If you make the suggestion, people will understand that you feel the need for more connection with co-workers and ideally they respond positively.
Additionally, you may want to make this suggestion straight to the Talent Management and/or HR team as inclusion is one of their areas of responsibility.

Question 15

In the "Black Live Matter" video - would a White employee be in violation of discrimination conduct if he/she had written on the board "White Lives matter" ... and would the court outcome have been the same if a black person crossed out the word White and wrote "ALL" ?
Similarly, what would be the HR outcome be if someone wrote on a whiteboard " Jesus is Lord" or any other religious slogan that was not derogatory of any faith. Would that be considered a violation on someone else's religious beliefs and discriminatory in any way ?

Accepted Answer

Thanks for your feedback. Let's start with acknowledging the premise that I think you're hinting at -- which is that this type of personal speech is best left out of the workplace.
And yes, that's true.
BUT - if someone brings it into the workplace, then a co-worker should not compound the problem by their own personal speech - and speech that is bound to make a more vulnerable demographic (typically less than 10% of the workforce) feel even more vulnerable and alienated.
These issues are not just one person versus another - they are macro issues that influence and change the comfort level of an entire workforce.
What should the white worker have done? Erase the board and/or call HR.
Hope that provides some perspective.

Question 16

Hello Experts! Got a question for you- Gender Identity is defined as "male, female, or a combination of both..." and as per my understanding, gender identity was a definition of man, woman, both, neither etc. as gender identity does not necessarily reflect sexual characteristics ie. male or female. Just curious as we differentiate between gender vs. sex and if these are government definitions or definitions from some other source. Thanks!

Accepted Answer

Yes, gender identity is about gender -- not sex.
Here's a California regulatory definition of gender identity: https://govt.westlaw.com/calregs/Document/I07F551825AFB4DF398EFF390A6B1C60C?viewType=FullText&originationContext=documenttoc&transitionType=StatuteNavigator&contextData=(sc.Default)
Hope that helps clarify!

Question 17

Is it legal for employer to not hire potential employees based on their VISA condition?
E.g: Company not hiring EAD work permit employees and hiring only green card or US Citizens

Accepted Answer

Yes, employers can make employment decisions based on someone's right to work as evidenced by a VISA or green card.

Question 18

If I speak my native language with my peers who also understand my native language, as English is not my primary language, why should be asked to speak English because they don't understand? This seems to go against some level of cultural acceptance of different makes and models of people.

Accepted Answer

Certainly, anyone should be allowed to speak in their primary language when speaking to co-workers and in business appropriate situations.
However, it's also a gesture of respect to at least "check-in" with co-workers who only speak English to ensure they feel included and comfortable.

Question 19

I have a question. What happens when a person that identifies as another gender and wishes to be address as that desired gender and I refuse due to religious, moral, and ethical beliefs and values?

Accepted Answer

Thanks for your question, which seems to be: which issue controls? your religious beliefs and values or respect for your coworker and their wishes?
And respecting your co-workers is probably also a part of your personal values; so it's a tricky situation.
The anchor for guiding personal behavior in the workplace should be what is required for everyone to feel respected; you don't need to agree with their choices or lifestyle values but you do need to show courtesy and respect that would be appropriate for any colleague.

Question 20

So a major complaint I have and will continue to have (aside from all the people asking why they have to respect the rights of transgender people like myself) is why ageism can only apply to people 40 and over? Most of the time I hear someone complaining out loud about someone elses age, they're decrying millennials for being entitled or lazy, and it's near constant. Can we expand that definition?

Accepted Answer

So ageism is definitely a workplace conflict and yes, it applies to people of all ages and is problematic for people of all ages.
However, it starts to become a societal problem when older people (as determined by our legislators at the federal and state level) are displaced and they have a harder time finding new employment. The societal result is an increased burden on taxpayers to support the social services that then support displaced, older workers.
That's why older workers are prioritized differently than younger workers in terms of legal protections.

Question 21

Sometimes people may be open and make self deprecating jokes about their own protected characteristic. How do we ideally address this? Do we allow people to continue to do so or encourage them to stop as it may embolden others outside of their protected characteristic to make similar jokes that may fall into harassment?

Accepted Answer

Ideally, we all shortcut situations where people are making fun of their own protected traits. Even if they are being self deprecating -- the comments may make other people feel uncomfortable and it does open the door for other people to make comments about protected traits. So as diplomatically as possible, it's best to veer the conversation back onto a more professional track.

Question 22

Are you allowed to ask which pronoun a person prefers? I would think this would be fine to ask.

Accepted Answer

Exactly. As long as people are respectful and polite -- asking for direction about what a person prefers is fine.

Question 23

I am Native American and often remarks are found subjectively offensive but in a society where people generally do not understand Native cultures and where stereotypes, offensive language and mascots are commonplace, others would not find objectively offensive. There are plenty of reasonable people in a diverse workplace who would not object to commonplace societal words, behaviors, and religious/cultural disrespect towards Native peoples. How do you reconcile?

Accepted Answer

Thanks for sharing your experience and insight.
Certainly the lack of understanding of Native American culture and spirituality can unknowingly exacerbate disrespectful and rude behavior. In those situations, it's up to you to educate and gently point out why some comments or behavior would be rude to many Native Americans (yourself included). If the comments are conveyed in a non-adversarial way, people will generally appreciate the information as no one wants to offend colleagues.

Question 24

Nearly all the partners in my area are indian. They sometimes switch to, I believe their native language, and I don't know what they're saying. I'm not sure how to be acknowledged without being alienated.

Accepted Answer

Thanks for sharing your concern. Differences in language are a common source of alienation.
One way to address it is to ask your colleagues to "humor you" and give you a quick description of what they're discussing since it makes you feel awkward when you're left out of the conversation.
That way, you're not asking them to speak a different language, but you are letting them know you're feeling excluded. Hope that's helpful.

Question 25

What if you cannot truthfully tell the difference of what sex they are or what they are self-identifying as? Been there (away from work thank goodness)...so I avoided them like the plague for fear I would get it wrong. Can't do that in the workplace if you need to work with them, so how do pose the question to clarify correctly? Please be specific with your answer.

Accepted Answer

Thanks for your question. I think you ask a manager or HR partner first.
Otherwise, you can say:
So, do you prefer they/their as your pronoun of choice? That will prompt them to tell you how they prefer to be addressed.

Question 26

In the Black Lives Matter video, should they not have written it on the blackboard at work at all? It seems provoking and could be construed that some do not matter. It is a sensitive issue in the world today, so I would think that it should be approached like religion and politics - don't do it unless one on one and gauging the conversation and body language. No?

Accepted Answer

This is indeed a difficult topic, which is bound to trigger conflict if brought into the workplace.
It's certainly safer to avoid bringing societal issues into the workplace - bat that's not always possible and particularly after a momentous event. So if and when someone does express their societal views, it's up to their co-workers to be sensitive and inclusive rather than escalate a conflict by debating a point. And if someone feels the need to disagree with their co-worker, they can simply say "I have different views on the topic" or something along those lines and then drop the subject.

Question 27

At a company meeting I was asked how old I was, is this considered discrimination if there was no malicious or ill intent?

Accepted Answer

TAsking someone's age is pretty common (if thoughtless). If the question is posed by a peer and not a manager, it's typically harmless.
If the question is posed by a manager, a gentle reminder that age is not the relevant question. The relevant question is: how relevant and valuable is a person to their team? OR -- you can gently respond -- Sorry -- that question is orange on the Workplace Color Spectrum! (and leave it at that).

Question 28

I am a new manager, only 30 workdays into my new role. Several long term tenured employees have used false information against me to resist my new position. I have forwarded this to my manager and HR, including specific documentation to support my concerns, all to no avail. What else can I do?

Accepted Answer

Hello -
Sorry to hear about your experience!
If you haven't received a response and it's been at least a week, then you may want to send your written concern, detailing examples, to a more senior leader and describe your concern as a concern about the type of workplace culture at the organization.
As a new employee, you would have hoped to experience a warm welcome and inclusion to the team. Instead, you experienced gamesmanship and divisive behaviors that are not healthy or productive.
Hope that provides some guidance.

Question 29

I overheard some offensive language used to describe a coworker during an after-hours outing from another coworker. The word used was derogatory and I've been on the fence about reporting this situation to HR since it did happen after work. It hasn't sat well with me since that day, but I'm not sure if this is a legitimate claim to send to HR.

Accepted Answer

When talking with coworkers -- people should be respectful and polite -- not derogatory. And that standard remains consistent regardless of where the conversation takes place.
If you feel comfortable addressing the speaker yourself -- that would be helpful. You could just let that person know their derogatory comments about a co-worker were yellow (or orange depending on what they said) - and it brings down the workplace.
If you don't feel comfortable - ask an HR partner to communicate the message for you and frame the concern in terms of a culture issue. You'd like to work in a healthy workplace culture and overhearing a co-worker make derogatory comments about another co-worker is really negative.

Question 30

What if my employer wished me a merry xmas after several years when I tell him I don't celebrate xmas and have said I will cover xmas? I am Jewish

Accepted Answer

Unfortunately, this is pretty common.
At the next religious holiday - let your manager know that you're celebrating Passover (4/19) before the person can wish you happy easter (4/21). Depending on your comfort with the person -- you may want to wish the manager happy passover that thursday - 4/18.
Most mistaken holiday wishes stem from a person not stopping to focus on the other person and believing everyone shares their same experience and perspective. It's not great, but it's human.

Question 31

Expressions of sexual orientation are offensive to my religious and creedal upbringing. What do I do if I am offended.

Accepted Answer

It seems to me that expressions of sexual orientation would involve personal statements and if you're offended, you can simply say that you prefer to skip personal conversation and keep comments focused on business.

Question 32

If you ask for a day off for a religious reason and you are told your request is denied. Is that protected?

Accepted Answer

yes, it should be.
Let your HR partner or leadership know that you were requesting the day off for a religious accommodation so the manager can be coached.

Question 33

Hello. What is the official guidance that you would provide to someone who has deeply held religious beliefs about some of these protected categories? When the HR guidance and religion clash, which wins?

Accepted Answer

Such a good question - thank you for raising it!
So, there really shouldn't be a conflict between HR policies and religious values BECAUSE these protections apply to non- business conduct/language that reference personal characteristics. Religion doesn't trigger someone to be rude and non-business like to a colleague. If you focus on business matters, then conflicts should not arise.

Question 34

Many of us are friends outside of work (including managers and their direct reports) and often people will host people at their homes or organize a trip together somewhere. While not meant to be exclusive, this can make those who are not invited feel left out, and can cause unconscious bias in managers who have a better personal relationship with one direct report over another. At the same time, having friends in the workplace is one of the best indicators of long term employee happiness and retention. How should we handle this as managers?

Accepted Answer

Fostering strong relationships at work is a key indicator of a strong team. Having said that, when you're a manager and inviting people from your team to an outing -- it gets a bit more difficult for the reasons you pointed out. If excluding one person out of a few who are invited - that's negative and can cause damage. At a minimum, a short conversation is required to explain the personal connections. Even with that, it's probably best to invite someone who's not a strong personal connection so you have a chance to foster a relationship - and so the person does not feel excluded.

Question 35

What recommendations do you have to strengthen a team and ensure well rounded demographics and opinions when you live in a region that is not ethnically diverse? Are there ways we can expand our personal views?

Accepted Answer

Super question - thank you!
There are many forms of diversity -- learning styles; communication styles; age, gender, etc.
A helpful exercise that would strengthen the team is to request members to map out how they may have differences that could be challenging for others to navigate, but then identify how best to navigate those differences.
Just the practice of identifying and navigating differences helps build the flexibility needed when there are more diverse segments in the workforce.

Question 36

There was a question asked "the girl said Dan was like...". The asker was wondering why the comment was not red. The answer from Phyllis Cheng speaks to ONE bad remark". With multiple response from the "girls" referencing Dan's age on one conversation and inability to relate to the "culture" in the office....wouldn't that move the scenario to red? Protected classification? Not to mention the hostile work environment? The culture" seems to be purposely excluding Dan from the culture".

Accepted Answer

Thanks for sharing your concern! There's a difference between an illegal situation (red) versus a poor work culture (yellow and orange). In the Dan/ageism situation -- that's more a culture issue than an illegal issue.

Question 37

Related to social media and engagement with associates, there is a tremendous amount of pressure for managers to identify and acclimate with a younger workforce as it plays a large role in their workplace satisfaction. What is the safer measure...to not interact at all with associates in social media? To only interact with non-direct reports... or those at your peer level?

Accepted Answer

This is a judgment call, but I prefer NOT to engage in social media with any work colleagues (direct reports or not). I think it confuses the work relationship by taking the 24/7 workplace concept to a whole new level. But ultimately, that's a judgement call.
More broadly, spending time over lunch or walk n' talks with your work colleagues and asking them questions about themselves is a tried and true way of fostering a rapport and connection. People generally appreciate when someone focuses on them and is interested in getting to know them and they'll respond in kind.

Question 38

There are protected classes: race, gender, religion, and even age. However, political affiliation is not. Thus you have to endure inappropriate, divisive and rude political commentary, true?

Accepted Answer

Yes, unfortunately, that is true. I believe there is only one state that protects political beliefs, but most states do not and the federal government does not.
Talking politics at work is "yellow" as it can quickly become frustrating and divisive. So when you hear it ... go ahead and call out the commentary as kind of "yellow" to redirect the conversation.

Question 39

I am an African American woman who occasionally wears different hairstyles- weave and braids are common. I was recently asked how I got my hair to grow so fast. I find that to be culturally insensitive and it made me very uncomfortable. Where does this issue stand?

Accepted Answer

Thank you for surfacing this issue! People are often clueless -- they mean well but don't think through their comments and how their actions may impact another person.
So the comment you describe is a situation where the person is kind of putting their foot in their mouth -- unknowingly.
How about this? What if in response you said something like -- "I think you should look up weaves and braids and get back to me with what you find out." Say it in a nice way -- not in an adversarial way. Hopefully the person takes the step of learning something new and shows you they cared to learn.

Question 40

if you are not sure of someone's gender, how do you ask without causing an issue?

Accepted Answer

That's a difficult one. Best to wait and ask an HR person or someone who knows.

Question 41

I'm unlcear about why the Black Lives matter scenario was rated as yellow on the spectrum rather than deep orange or red. Would you mind explaining the reasoning behind that?

Accepted Answer

Thanks for your question. I believe it was rated yellow/orange?
And the reasoning is that the person who wrote all lives matter -- on its face -that statement applies to all races and it doesn't single out a race - which is what's required for unlawful harassment. And even if you consider the statement to be racial rather than general - one instance would typically be "orange" as it's not sufficiently severe or pervasive to be "red" and illegal.

Question 42

If an individual decides to dress and act as the opposite sex so much that they are allowed into the opposite sex's bathroom. Then, they decide that is not their preference at all and proceed to used their prescribed bathroom. In this day to day scenario, wouldn't the act of changing designated bathrooms be considered offensive?

Accepted Answer

Certainly having people change which restroom they're using can be unsettling for co-workers. And people can reasonably assess the person's authenticity when changing their preference.
Notwithstanding those considerations, it's a very sensitive time for people when they're exploring their gender identity and it would be ideal if people could balance their own concerns and situational discomfort with compassion for the person who may be struggling with their gender identity.

Question 43

I would like to use a hypothetical situation: a particular person's religious belief holds that a particular day is important to their worship. Their availability is affected due to this and is a particular day that is also a day that the company tends to do quite a bit of their business. Could the company require one to work on the days in which they worship or not allow them into a particular position due to their religious belief and practice?

Accepted Answer

Thanks for your hypothetical. Hate to answer like a lawyer but the short answer is: it depends.
So a business can insist on requirements for a job or a role based on its business needs. And if there's a particular day that is historically a big business day -- then yes, a company can make attendance that day a mandatory requirement for a particular role - even if it conflicts with someone's day of worship.
However, there may be reasonable accommodations for attendance that day depending on the role's job requirements. For example, maybe a partial day could meet business needs. So it really depends on a close examination of the business needs.
Hope that helps.

Question 44

Is it harassment for coworkers and clients to ask what your religion is or assume you’re Muslim for example because of the way you dress or cover your hair?

Accepted Answer

The answer is - "it depends."
One curious question from a co-worker about your culture or religion is not harassment, but could be insensitive and have the effect of making people feel excluded or different.
In that situation, telling the person that questions about your religion or culture is a bit "orange" should deter those types of questions in the future.

Question 45

If sex is a protected characteristic, does this include the right to sex-segregated facilities for the purpose of private bodily functions? Can a female (by sex) employee complain about a male-bodied (by sex) person who expresses themselves as female (by gender) utilizing these segregated spaces?

Accepted Answer

The question of restrooms is very sensitive and employers are balancing the needs of all parties. The rules on this issue, as well as our societal norms, are still evolving. In the meantime, employers are encouraged to build and/or arrange for private, unisex restrooms - in addition to group restrooms - so there are more options for everyone.

Question 46

Isn't this chart regarding age groups and their work styles discriminatory?

Accepted Answer

I understand your concerns and yes, identifying common characteristics of groups can be more harmful than positive if used to make employment decisions about people in a particular group. However, in the context of the diversity diagram, the intent is to help build people's empathy and patience skills to better interact and work with people who are different than them.

Question 47

What's the difference between sex and gender? I always thought sex was the role you play in terms of reproduction and gender was something that languages other than English have. So like sex is Intersex/Female/Male and gender is Neuter/Feminine/Masculine and probably some others but in none of the languages I'm familiar with. What's the difference between transsexual and transgender?

Accepted Answer

Generally, sex refers to the biological differences between people while gender refers to
someone's concept of themselves and how that impacts their role in society.
Transsexual and transgender refer to people who feel they've been assigned the wrong sex and/or gender at birth.

Question 48

why are snowflakes so sensitive about everything? I feel like I cant talk to anyone or I might offend them.

Accepted Answer

Our culture is in the middle of changing norms and sensitivities (generally) and there are also generational differences. The best practice is to show that you want to be respectful towards everyone.

Question 49

Regarding diversity --and this may be my personal bias--would a diverse hiring practice be hiring new employees from the same company who all had previous personal relationships--it may send a subtle message to veteran employees groups that they do not belong in the company, and that people like them are unable to be successful or promoted

Accepted Answer

Diversity, broadly applied, would pertain to every characteristic, including former employment experiences. So it could definitely be a challenge when several people on a team have all worked together before and have a similar, shared experience. In that situation, everyone on the team needs to deliberately reach out to form connections and foster relationships with everyone to avoid having an "in group" and an "out group" dynamic. The "in group"/"out group" dynamic undermines team performance as well as being negative for those in the "out group.

Question 50

what does intersex mean?

Accepted Answer

Intersex people are born with some biological characteristics that are considered “female” and others that are considered “male.”. ... Sometimes an intersex person is assigned a female or male sex at birth through surgery, if external genitals are not obviously male or female.

Question 51

This is not so much a question but a feedback. The section on Black Lives Matter is very broad and limited. How do you facilitate a safe environment to speak about such topics? What are employers doing for their employees who are in the line of work or live it everyday. The trauma and conflict carried on their shoulder just to be met with a different face of it at work. Just as those dealing with immigration issues. Is this compassion met in a healthy work environment?

Accepted Answer

Thanks for your thoughts and feedback on our Black Lives Matter scene and the discussion around that scene.
It seems to me you're asking if and how employers are facilitating the most tricky social issues of our day . . .
If so, I think it's fair to say that most employers are struggling with whether they should address these issues, and if so, how?
At Emtrain, we believe it's important to acknowledge these tricky issues and facilitate a productive discussion to share ideas and perspectives. Often, there's not one "right" answer or perspective... it's more a matter of understanding all the nuances of a situation.

Question 52

When speaking in the workplace, do we have a right of free speech?"

Accepted Answer

And that answer is probably best phrased as: yes -- there's a right to free speech in the workplace; but the employer has the right to impose consequences for speech or actions that trigger conflict, disrespect, toxicity, undermine the workplace culture, etc.
Ultimately, the employer is responsible for the workplace culture and as the responsible party -- also has the right to impose parameters on employee speech and actions.

Question 53

If a person is hired without disclosing that he/she is gender fluid and then interacts with clients and the public while conspicuously cross-dressed (say, a man in a dress), does the employer have the right to insist on a particular wardrobe?

Accepted Answer

So, the employer can insist on a certain wardrobe that is directly tied to business needs or goals. And while that rule provides a fair amount of flexibility in determining what is justified by business needs -- it doesn't allow for rules or restrictions where there doesn't seem an obvious business anchor and instead the rule appears directly related to a bias against a protected characteristic like gender identity.

Question 54

At the end of the Black Lives Matter session, the questions posed was how a co-worker can relate their feeling on the subject. In my opinion, this not a good question. Such issues are personal and should be kept out of the workplace (unless directly affected in the workplace) as it is not professional and may/can lead the company into areas that are non-work related but impacting productivity (either positively or more likely, negatively). Things such as this should not even have been broached in the first place.
Second question stated that:
Our constitutional right of free speech is limited by our obligation to foster a work environment that is respectful, supportive, and inclusive.
What legal standing did that come from? Was there a federal case that the US supreme court made such a decision? As far as I know, freedom of speech is not curtailed by the workplace.

Accepted Answer

Thanks for your comments and feedback. As for the freedom of speech, I agree that the question could be better worded. Everyone has the freedom of speech, but also subject to the consequences of their speech and actions when the speech/actions conflicts with the employer's values.
Regarding the scene on Black Lives Matter -- there's really a split in opinion on this topic. Many employers share your perspective and want to keep work distinct and separate from private life. However, our social norms are changing and younger demographics are increasingly bringing their "whole selves" to work, which means less distinction between your work persona and your private persona. So employers are increasingly having to address and navigate these social issues -- whether they want to or not. An easy illustration is the Google Manifesto where Google had to address the private, social beliefs of one employee.
If employers cannot control and mandate a "work-only" environment - it's more strategic and effective to address these social issues proactively rather than allowing them to blow up and then reacting to the blow up. But of course this theory may only be applicable to some organizations, depending on the workforce demographics.

Question 55

In case of Akhil's prayer break , The videos seems to suggest that prayer breaks are OK. Not all employees get prayer break. Foundation of mutual respect is everybody works same hours / efforts and gets same benefits from business they work for. Somehow I think this video is is suggesting to lay low even if person is spending time in prayer breaks. May be management should make is clear that person gets paid during prayer time. How is this ethical and moral to ignore time spent in prayers?

Accepted Answer

Thanks for your comment.
Time spent for religious accommodation is generally legally protected and a component of the workplace culture even if prayer breaks only apply to a subset of the employee population.

Question 56

...What would be the best course for a manager that walks into a room that has Black Lives Matter on the board. Should it be erased?

Accepted Answer

It's probably worth a team discussion on your question – these are not easy answers – but erasing a social message on a company whiteboard is preferable to modifying it and creating a "responsive message." One is more neutral than the other.

Question 57

what does "intersex" mean?

Accepted Answer

Here's a definition of intersex:
https://www.plannedparenthood.org/learn/sexual-orientation-gender/gender-gender-identity/whats-intersex

Question 58

If I read the Hostile Work Env. criteria correctly, it seems to indicate that a white person with no other protected characteristics could not report a Hostile Work Environment. Is that correct?

Accepted Answer

Is the white person experiencing actions because of their race? If so, then they are legally protected from racially motivated actions just like everyone else from different backgrounds. Hope that helps clarify.

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