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Workplace diversity is a people issue, focused on the differences and similarities that people bring to an organization. It is usually defined broadly to include dimensions beyond those specified legally in equal opportunity and affirmative action non-discrimination statutes. Diversity is often interpreted to include dimensions which influence the identities and perspectives that people bring, such as profession, education, parental status and geographic location.

As a concept, diversity is considered to be inclusive of everyone. In many ways, diversity initiatives complement non-discrimination compliance programs by creating the workplace environment and organizational culture for making differences work. Diversity is about learning from others who are not the same, about dignity and respect for all, and about creating workplace environments and practices that encourage learning from others and capture the advantage of diverse perspectives.

Advantages Of Diversity

Most companies recognize there are advantages to diversity in the workplace.  By integrating workers from culturally diverse backgrounds into their workforce companies become stronger.  However, many firms don’t understand the importance or challenges of workplace diversity. Diversity needs to be seen as an integral part of the business plan, essential to successful products and increased sales. This is especially true in today’s global marketplace, as companies interact with different cultures and clients.

Among the advantages of diversity in the workplace are: increased creativity, increased productivity, new attitudes, new language skills, global understanding, new processes, and new solutions to difficult problems.

1. Creativity increases when people with different ways of solving difficult problems work together towards a common solution. There is no one best answer to any question–the more ideas you can obtain from different people, the more likely you are to develop a workable answer. Other cultures can offer insightful alternatives you might not consider. This is a tremendous advantage of diversity in the workplace.

2. Productivity increases exponentially when people of all cultures pull together towards a single inspiring goal. Foreign executives are extremely successful in the North America corporate world because of globalization and internationalization. People from China and India benefit US firms with their quantitative skills. European citizens–Swiss, Germans, British, and French–do well here in high-level jobs.  Increased productivity is an obvious advantage of diversity in the workplace.

3. New attitudes are brought to the business table by people from diverse cultures. For instance, you may want to consider adopting the perspective other cultures have about time. Our culture believes that “time is money” and “getting to the bottom line” is paramount in business. However, in most other countries around the world “time is for building relationships” and an integral part of getting to know the other party you are considering doing business with before starting a transaction. How much of an advantage would workplace diversity be if you followed this practice more closely?

4. Language skills are obviously needed in today’s increasingly global economy–and diverse workers often have this proficiency. If a company needs specific knowledge or language skills, it may hire foreign nationals for help. In some markets, international job seekers have the advantage. For example, companies breaking into European, Asian or Latin American markets will need foreign expertise. High-tech firms in particular are expanding into countries abroad. We like to believe that English is “the language of the world.” While that may be true for business, our native tongue ranks second in the world behind Chinese and just slightly ahead of Hindustani. To truly build relationships with the other people of the world, we must speak their language. It is a tremendous advantage of workplace diversity if we enable people from other cultures can help us understand not just their words, but also the meaning behind what they are saying.

5. Understanding how North America fits into the world picture is crucial. By relating to people of all backgrounds, you gain a greater perspective on how different cultures operate and experience greater success in global business as a result.The average American believes that the U.S. accounts for about 25 percent of the world’s population. People from outside the US know the figure is actually less than five percent.

6. New processes can result when people with different ideas come together and collaborate. In today’s fast-moving world, there is no longer room for thinking, “We have always done things this way and cannot change.” You must bring multiple skills to the environment, think cross culturally, and adapt quickly to new situations. Those who meet these criteria are likely to do well, regardless of culture–even in tough economic times.

Workplace diversity can make companies more productive and profitable. They also bring differences that we must understand and embrace for those benefits to be realized.

Related articles

• A Forbes Study Finds Diversity & Inclusion are Good for Creativity and Innovation (alicia-arnold.com)
• Diversity = Productivity Redux (advertisingtobabyboomers.blogspot.com)

To simplify the inquiry process, the commission has developed a publication (in PDF) to provide current information about how human rights law impacts drug and alcohol dependencies in Alberta workplaces. Specifically, the purpose of the document is to:

• Clarify the Commission’s role in preventing discrimination against employees who have drug and alcohol dependencies
• Outline the situations in which an employee may have the basis to make a human rights complaint related to drug and alcohol dependencies in the workplace
• Provide information about when and individual may make a complaint about a potentially discriminatory drug and alcohol policy
• Provide information about the responsibilities of the employer and employee in the accommodation process
• Inform the public that the commission does not have jurisdiction to tell an employer when or whether they can require a drug or alcohol test
• Define the difference between recreational drug and alcohol use and drug and alcohol dependencies

Click to download the full publication (PDF)

“That will send the message that the provinces that do that — Alberta and others that aren’t reflective of these major cities — they will draw in the immigrants and then we’ll see more diversity besides Toronto, Montreal and Vancouver,” he said. —CTV

What do we mean by diversity? Being diverse is a concept tossed around in many areas of life and means different things to different people. (And I’m not talking about Kenny Jenkins. )

In the workplace, diversity needs to be seen as being about individual differences. However, it is important that our workplace discussions around the issue are based on a common understanding.

Some people define diversity as employment equity, in four common groups:

1. visible minorities
2. women in non-traditional roles
3. people with disabilities
4. aboriginal people.

Others see diversity as defined by protected grounds in Human Rights legislation:

• race or colour
• religion or creed
• sex (including pregnancy)
• sexual orientation
• marital status
• family status
• physical or mental disability
• national or ethnic origin
• ancestry or place of birth
• age
• dependence on drugs or alcohol
• etc.

This prohibited grounds list varies from province to province.

So what is the right answer? Workplace diversity can includes the many ways people are different.

When dealing with diversity-based conflict, it is easy to blame what looms large as differences between ourselves and others. Generally, it is the small differences between two people that is the source of conflict. By developing awareness of our own differences and the differences of others, we can develop understanding and work to reconcile instead of one burdened down by conflict.

Three thoughts for consideration:

1. Diversity is positive. We tend to see diversity issues as problematic, creating conflict, low morale, harassment and employee turnover. However, diversity creates benefits for individuals and organizations. When diversity is embraced, an organization can move forward with creativity.
2. Policy isn’t enough. You have likely implemented workplace-diversity or harassment policies to address the challenges of a diverse workplace. These policies tend to focus on the negative. Employers need to shift how the organization and employees perceive and work with each other.
3. Understand that we’re all different. We can no longer identify ourselves as members of a dominant group, seeing ourselves as the norm and others as different. We then think that others need to change so they fit in or become more like us.

We need to stop thinking our way of seeing the world is the only way. There can be other ways of thinking, doing and being.

From the press release announcing the launch:

The bilingual tool www.TOTB.ca is designed for employers, job seekers, employees, union representatives and anyone who supports the employment of persons with disabilities. Sections include practical checklists, the obligations of workplace parties, (policies, practices and facilities), success stories, and links to valuable resources.

“This website offers practical solutions to everyone involved in employing and accommodating persons with disabilities. I firmly believe that finding dignified, creative and flexible solutions to workplace accommodation should be embedded into employment processes -accommodation should not be barrier to employment,” says Dauna Jones-Simmonds, Chair, SES. “The goal is to provide the accommodations needed to allow people to do their jobs successfully.”

Click to read the news release – New Web Tool Promotes Employment for Persons with Disabilities.

Hat tip to Donna Seale.

“who has been practicing in Manitoba since 1995. In 2006, I founded my own consulting company, Donna M. Seale Consulting Services, which provides preventive legal advice, training and investigation services in the area of human rights law to public and private sector employers.”

It is always good to see a blog that comments on questions of law from a Canadian perspective. I’ve added her RSS feed to my Google Reader subscriptions.

In it you will find:

* an outline of the key legal principles that apply to return-to-work situations
* step-by-step procedures to guide your approach to case management
* a series of case studies demonstrating how you could deal with different hypothetical scenarios

While these guidelines will assist you in dealing with return-to-work situations, they are NOT to be taken as legal advice for individual cases, as each case has unique circumstances. You should consult with senior managers, legal advisors, or others in your organization for advice on resolving complex return-to-work cases.

This report is also available in .pdf format.

Canadian Human Rights Commission – A Guide for Managing the Return to Work

Employment Law – Unjust Dismissal – Punitive damages – Standards of Review – Availability of punitive damages for wrongful dismissal if employer’s conduct was discrimination or harassment that breached human rights legislation – Relevance of principles applicable to contracts for peace of mind to punitive damages in an employment law context – Whether a trial judge should conduct independent research other than as to matters of law and, if so, what procedures are required – Whether punitive damages award should be reduced on appeal without increasing compensatory damages; Whether discrimination and harassment should be a separate cause of action; Whether human rights legislation should be incorporated into individual employment contracts; Effect of proportionality on compensatory and punitive damage awards; Whether  overriding and palpable error standard of review should be integrated with  rationality standard of review.

The respondent was employed by the applicant.  He began to suffer from Chronic Fatigue Syndrome.  He received long term disability benefits but the benefits were cancelled and he returned to work.  He continued to experience intermittent absences.   The applicant advised the respondent to apply for a program that exempted employees from attendance-related discipline.  The respondent saw a company physician.  The employment relationship deteriorated.  The respondent retained counsel and his enrollment in the program offering exemption from discipline was cancelled.  The applicant demanded that the respondent see another company physician. The respondent requested more information on the purpose, methodology and parameters of the examination.  The applicant refused to provide further details and the respondent refused to meet the doctor.  The applicant terminated the respondent’s employment.  The respondent brought an action for wrongful dismissal.

I imagine it will be some time before this case is completely resolved.

Supreme Court of Canada – Decisions – Judgements to be Rendered in Leave Applications.

Connie Reeve of Blake, Cassels & Graydon LLP has written a article outlining employer obligations to disabled employees.

What are the practical and legal considerations in an employer’s obligation to accommodate people with disability to the point of undue hardship? Canadian human rights legislation prohibits employers from discriminating against individuals based on disability, which is broadly defined in the legislation to include physical and mental impairment.

Employers, however, frequently have questions about their obligation to accommodate people with disability, as the law has developed, “to the point of undue hardship.” It is important for employers to understand some practical considerations in dealing with disabled employees, the legal restrictions on terminating a disabled employee, and considerations for disabled employees in the context of a corporate transaction.

She outlines 6 practical considerations employers need to keep in mind when dealing with duty to accommodate.

1. Make sure you ask for and receive the information you need to evaluate any accommodation needs.
2. Don’t dismiss a disability because of lack of understanding.
3. Assess accommodation individually for each employee with a disability.
4. Assist in the application process for short or long-term disability insurance.
5. Review your attendance management program.
6. Accommodation includes a requirement to re-employ employees absent from work due to a disability if they can fulfil the essential duties of their pre-disability job with reasonable accommodation.

In addition, she looks at the termination of disabled employees and the responsibilities of a new employer in the case of a share transaction.

Read the entire article at Mondaq: Blake, Cassels & Graydon LLP – Canada – Employer Obligations To Disabled Employees