Diversity Chat

Diversity Chat for the Week of July 30th, 2006

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(This may take a few minutes, but it's well worth the wait!)

Welcome to Diversity Chat for the week of July 30th, 2006! This week, Tony Wade and I look at a new report that shows women aren't making much progress breaking through the glass ceiling - discuss the reasons why real, live sexual harassment training tends to preferable to the on-line variety - examine the controversial comments on race this week by former Colorado Governor Dick Lamb - and have a remembrance of one of the most remarkable African American military heroes of all time.

Plus, we go "Out or About" this week to a seminar on intergenerational communication and teamwork in the workplace. And we'll hear from the nominee to be the U.S. Department of Agriculture's Assistant Secretary for Civil Rights, Margo McKay.

First though, here are some of the week's top stories in equal opportunity, human relations and diversity:

A new study by the non-profit group Catalyst finds female representation at the highest corporate levels isn't progressing much. The 2005 Catalyst Census of Women Corporate Officers and Top Earners found Fortune 500 companies had an average of only 3.6 female corporate officers out of an average of 21.8 corporate officers per company. And more than half the Fortune 500 had fewer than three women corporate officers. Only eight companies in the Fortune 500 were led by a woman CEO in 2005 - and none of those companies were among the Fortune 100. The study also found women held only 6.4 percent of top earner positions among Fortune 500 companies - and fully 75 percent of Fortune 500 companies reported no women as top earners.

Franz Bakery - the largest family-owned bakery west of the Mississippi - this week settled a sexual harassment and race discrimination lawsuit filed by the U.S. Equal Opportunity Commission on behalf of four female employees. The decision to settle came after a federal judge ruled the company did indeed sexually harass and discriminate on the basis of race against the employees.

An attorney for the EEOC called the case "egregious" - and said it involved a foreman who sexually and racially harassed the women for "many years with impunity." The EEOC attorney also said the case represents the "abject failure" of Franz Bakery "to take seriously its responsibilities under the law." The EEOC settled its lawsuit on behalf of the four women - three white and one African American - through a consent decree that gives the EEOC monitoring power over Franz Bakery for three years and court enforcement if necessary.

A federal judge in Atlanta this week approved a 5.5-million dollar settlement in an age discrimination suit filed by 462 former employees of Sprint. The workers claimed Sprint fired them in favor of younger workers. Sprint didn't admit guilt under the terms of the settlement. A similar case involving over 17-hundred former Sprint employees is still pending in the U.S. District Court of Kansas City, Kansas.

The New York Post this week said ESPN fired baseball analyst Harold Reynolds following an accusation of sexual harassment. The former Seattle Mariner - who spent 11 years on ESPN's "Baseball Tonight" - says the accusation is "a total misunderstanding." ESPN won't comment on Reynolds' dismissal.

An adjunct professor at the Austin Peay College of Arts and Sciences in Tennessee is refusing to take an on-line sexual harassment quiz. James Summerville - who also happens to be the president of the Tennessee Association of Scholars - says he finds the on-line sexual harassment training to be "an assault on individual dignity" that has nothing to do with his ability to teach literature.

Tennessee law requires sexual harassment training. Austin Peay meets that requirement by providing it on-line. A school official says Summerville's refusal to take the on-line sexual harassment quiz will result in a notation in his record - but no other disciplinary action.

A federal appeals court in Cincinnati found Christoper Vickers wasn't the victim of gender discrimination - even though fellow co-workers questioned his sexuality and masculinity after he befriended a gay doctor at the medical facility at which they both worked. In a 2-1 decision - the court found the harassment related to Vickers' sexuality - not gender - and therefore wasn't covered by Title VII of the Civil Rights Act.

Former Colorado Governor Dick Lamm is defending comments he made last week suggesting African Americans and Latinos lack the drive and ambition of Asians and Jews. Lamm says America is "overdue for a candid dialog on race and ethnicity."

But Colorado's Ken Salazar - one of two Latino's in the U.S. Senate - said Friday Lamm's remarks are belittling, wrong and when he "takes this paintbrush and brushes me with the characterization, I resent that characterization." Both Lamm and Salazar are Democrats. Lamm has been an outspoken supporter of a drive to keep undocumented immigrants from receiving state services in Colorado.

Homeland Security Secretary Michael Chertoff said this week his Department is increasing the number of criminal prosecutions it's bringing against employers who hire undocumented workers. And Chertoff also announced a voluntary program for employers aimed at preventing them from hiring such workers.

Under the voluntary Homeland Security program - employers would use the federal Basic Pilot system to verify worker Social Security numbers - order annual audits of employee I-9 forms by an external auditing firm or a trained employee not involved in the I-9 process - and Create a protocol for responding to so-called "no-match" letters received from the Social Security Administration.

The City Council of Avon Park, Florida this week voted down a proposed ordinance that would have levied a thousand dollar fine against any individual or business that knowingly employed - rented to - or provided services to an illegal immigrant.

But the issue may not be dead. Avon Park Mayor Thomas Macklin - reportedly the driving force behind the proposed ordinance - has vowed to keep the pressing the issue.

The Baptist Press reports there are now 41 current or former Navy chaplains involved in five separate lawsuits against the Navy alleging religious discrimination. The chaplains claim they were discriminated against because they come from non-liturgical denominations that favor less scripted religious ceremonies.

And finally, Carl Brashear, the groundbreaking African American Navy diver who inspired the film, "Men of Honor," died this week at age 75. Brashear was the first African American deep sea diver. And after an accident in 1966 left him an amputee - he became the first sailor so injured to return to full active duty as a diver. Brashear also became the Navy's first African American Master Diver. In a 2002 interview, Brashear said, "It's not a sin to be knocked down. It's a sin to stay down."

Diversity Chat for the Week of July 23rd, 2006

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(This week's edition is a little bigger than usual, but as always, well worth listening to!)

Welcome to a special edition of Diversity Chat for the week of July 23rd, 2006! Tony Wade and I break down two historic events this week - renewal of the Voting Rights Act of 1965 and President Bush's first-ever address to the NAACP as Chief Executive. First though, here are some of the week's top stories in human relations, equal opportunity and diversity.

As mentioned at the outset - President Bush this week addressed the NAACP annual convention in Washington D.C. for the first time in his presidency, a fact he noted at the outset of his half-hour speech.

In his remarks, the President touched on the nation's history of slavery and racial discrimination, and the ongoing efforts of civil rights leaders to overcome that legacy of bigotry. But President Bush also used his speech as an opportunity to promote what he calls his "Ownership Agenda," the No Child Left Behind Act, the Medicare prescription drug benefit, and his administration's efforts to fight HIV in Africa and America. And the President also urged the Senate to renew the voting rights act of 1965.

The Senate did so on a unanimous vote a few hours later. The measure now heads to President Bush for his signature.

The man who once said race discrimination in America no longer exists, White House press secretary Tony Snow, claimed this week the income gap between whites and African Americans is shrinking. But an analysis by www.thinkprogress.com shows while Snow's claim was true during the Clinton administration, it hasn't been true during the Bush administration. According to U.S. Census Bureau data, during the Clinton administration, the average income of African Americans grew more quickly than did the average income of whites. The reverse has been true during the Bush administration.

And the Seattle Post Intelligencer is condemning President Bush for his apparent sexual harassment of German Chancellor Angela Merkl during the recent G-8 summit in St. Petersburg, Russia. President Bush, captured by a Russian TV camera, gives Chancellor Merkl a quick, uninvited neck massage while she's talking to the Italian prime minister. Merkl looks surprised and unhappy. The United Nations guidance on sexual harassment specifically mentions unwanted neck rubs.

To view video of the impromptu Presidential neck massage, click here:

Meanwhile, Toyota may be trying to settle a $210 million dollar sexual harassment suit filed by an assistant to the former CEO of Toyota's North American division. Toyota has already twice delayed responding to the suit in court. Current Toyota North America President Jim Press says there's an "ongoing dialog" about the case, but won't confirm whether or not a settlement is in the offing.

Lots of news on racial violence in America this week, starting with the sentencing of Nicholas "Fat Nick" Minucci to 15 years in prison for a racially motivated baseball bat attack against an African American man in Howard Beach, New York. Minucci admitted he hurled racial slurs while he beat Albert Moore, but insisted at his sentencing he's not a racist.

In Boston, a judge ruled David Spaulding III's attack on two African American teenagers in November of 2002 wasn't racially motivated, even though Spaulding was convicted of the assault itself.

And in Louisville, Kentucky, racial tensions have been stirred as a white man accused of dragging an African American to death has been released on his own recognizance pending trial. Community activists say its evidence of a justice system in Louisville that's stacked in favor of whites, and against African Americans.

And a new study by the Rand Corporation finds no evidence of racial bias in the decisions of federal prosecutors to seek the death penalty. The study finds the nature of the crime itself, not the race of the accused, is a better indicator of whether federal prosecutors will seek the death penalty.

Nation of Islam Leader Louis Farrakhan traveled to the Navajo Nation this week to meet with Navajo President Joe Shirley, Jr. and the Navajo Tribal Council. Shirley says Farrakhan suggested the visit. The Navajo Nation has planned a series of marches to draw attention to discrimination against American Indians in towns bordering the Navajo Nation. That move comes as a young Navajo man was shot by police in Farmington, New Mexico earlier this year in a Wal-Mart parking lot.

And finally, some good news...

The WNBA this week again received top marks from the University of Central Florida's Institute for Diversity and Ethics in Sport. The WNBA got an A grade in both gender and race diversity, the third time it's done so. The WNBA is the only pro sports league with a female president.

Diversity Chat for the Week of July 16th, 2006

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Welcome to Diversity Chat for the week of July 16th, 2006! This week, Tony Wade and I talk about the politics of immigration - and why a new poll showing big differences in perceptions of economic opportunities between whites and minorities should surprise no one. And we go "Out or About" this week to an update on Labor and Employment Law.

Plus, in our interview segment, we'll hear from Veronica Flores, Account Manager for RL Public Relations in Century City, California - about the massive buying power of Latinos in America - and why she's a strong supporter of immigration reform that recognizes the economic and social contributions of undocumented U.S. residents. 

First though, here are some of the week's top stories in human relations, equal opportunity and diversity:

The House Thursday overwhelmingly approved extending key provisions of the Voting Rights Act of 1965. The 390 to 33 vote wasn't close. Those opposed included southern Republicans - and some from the interior West. The Voting Right Acts extension now moves to the Senate - which is expected to pass the measure before the November mid-term elections.

The NAACP's 97th Annual Convention is underway in Washington D.C. Top Democratic leaders - including House Minority Leader Nancy Pelosi and Senate Minority Leader Harry Reid are slated to address the event. President Bush has been invited to speak - but isn't expected to take the NAACP up on its offer.

Meanwhile - White House chief political adviser Karl Rove did speak this week at the National Conference of La Raza's annual convention in Los Angeles. Among other things - Rove said all immigrants are "real Americans" - and that the sometimes bitter debate over immigration has "clouded" the views of some Americans.

But Democratic National Committee Chairman Howard Dean says Rove "is the one person most responsible for the anti-immigrant platform being adopted by congressional Republicans around the country."

The immigration debate is heating up on the state and local level. The city of Hazleton, Pennsylvania this week adopted the nation's most restrictive anti-immigrant ordinances in the country. The new ordinances have divided the community - where Latinos have grown to become 30 percent of the population.

Hazelton isn't alone in taking an anti-immigrant stance. In Florida, the communities of Avon Park and Palm Bay will soon vote on similar ordinances - as will the city of Escondido, California.

Meanwhile - a special session of the Colorado legislature this week approved 11 separate anti-immigration bills. Among the highest profile of the measures - a ban on non-emergency state services to adults who fail to prove they are in the country legally. Supporters of the ban - including many Democrats - brag that it's the toughest in the nation.

A group called grassfire.org has erected dozens of anti-immigration billboards in cities with large immigrant populations since May. The signs say "Stop the Invasion" and in smaller letters "Secure Our Borders." A spokesman for grassfire.org says the billboards are intended to evoke an emotional reaction among opponents to immigration and immigrants alike.

A new poll by the Pew Hispanic Center shows 54 percent of Latinos believe discrimination against them has increased since Congress began debating immigration reform. But an overwhelming majority of Latinos - 75 percent - also say the political climate created by the debate will lead to increased turnout among Latinos this November.

Who Latinos will vote for is another question. 42 percent of native-born Latinos favor Democrats. But 40 percent say there's no difference between Democrats and Republicans.

A recent Gallup poll underscores the different economic realities perceived by whites and minorities in the United States. According to the Gallup poll - a majority of whites think whites and racial minorities have equal job opportunities. But only about one in six African Americans and one in three Latinos agree.

African Americans and Latinos also express more worry than whites about meeting their family's expenses. And African Americans tend to believe the U.S. is divided into the "haves" and "have-nots" more than do whites - and also believe they fall more often into the "have-not" group than do whites.

There were two more court defeats for supporters of same-sex marriage Friday. The Eight Circuit Court of Appeals overturned a lower court ruling that had struck down Nebraska's constitutional amendment prohibiting same-sex marriage.

And in Nashville, Tennessee, Friday, the state Supreme Court tossed out a challenge to a proposed constitutional amendment banning same-sex marriage. That ruling means the issue will go to Tennessee voters this November.

The children of baby boomers and Gen-X'ers - people born between 1978 and 2000 - are increasingly entering the job market. But unlike previous generations - they aren't afraid to hop jobs until they find just the right fit. That can be costly for employers. And according to an article this week in the Los Angeles Times - that's causing some companies to re-vamp their retention and training practices for so-called Gen-Y employees.

If you're a company with any employees in California - be prepared to provide sexual harassment training to the employee and his or her supervisor - even if that supervisor isn't in California. California's Fair Employment and House Commission last month issued new guidance on the state's mandatory sexual harassment training law - which applies to any company with more than 50 employees. Under the new guidelines - the training requirement applies even if only one of the employees actually works in California.

Two years ago - Morgan Stanley settled a sex-discrimination complaint involving more than 300 current and former female employees for 54-million dollars. But many say the case hasn't done much to promote equity between men and women on Wall Street. A 2005 report authored in part by the Securities Industry Association found women on Wall Street make up 87 percent of assistants - but only 19 percent of brokers and 29 percent of senior-level management.

Racial violence erupted again this week at the Los Angeles County jail complex between African American and Latino inmates. 40 inmates were injured in two separate brawls that involved over 15-hundred inmates at two different facilities. Two inmates have died so far this year as a result of racial violence in the Los Angeles County jail system.

Last month - Coast Guard Academy Cadet Webster Smith - an African American - was found guilty of extorting sexual favors from a female classmate and four other charges. Now - one of the first African American graduates of the Coast Guard Academy - federal judge London Steverson - says Webster's conviction is an example of rampant racial discrimination at the academy.

Meanwhile - one of the first women to graduate from the Coast Guard Academy is now its new commandant of cadets. And this week - Captain Judith Keene vowed she would take a tough stance against sexual violence following Webster's court-martial. At Webster's trial - several cadets testified such issues were not taken seriously by the Coast Guard Academy - which has the highest percentage of female cadets - 30 percent - of any of the U.S. Military Service Academies.

And finally...

Sony has pulled billboards in the Netherlands for its new white portable PlayStation device. The billboards depicted a white female model aggressively grasping the face of a young African American man. Many viewed the ads as blatantly racist. Sony has apologized.

Diversity Chat for the Week of July 9th, 2006

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Welcome to Diversity Chat for the week of July 9th, 2006! Tony Wade is under the weather this week, so I'm on the hot seat for news analysis. And it's "About" this week on "Out or About" - as we learn why work engagement is becoming an increasingly important issue for organizations, and what they can do about it.

Plus, in our interview segment this week, we talk to world-renowned compensation expert Dr. Bob Greene about the challenges HR professionals face in designing compensation systems that don't discriminate.

First though, here are some of the week's top stories in human relations, equal opportunity and diversity:

Advocates of gay marriage suffered legal defeats in two different state courts Thursday. In New York, the state Supreme Court ruled New York's constitution doesn't give gays the right to marry. And in Georgia, the state Supreme Court upheld a voter-approved amendment to the state constitution banning same-sex marriages.

Lambda Legal - an organization that works to provide legal protections for gays - called the rulings the lowest point for the legal rights of gays since 2003 - when the Massachusetts Supreme Court ruled gay marriages legal in that state. And that Massachusetts law may be challenged. In a special joint session this Wednesday - state legislators plan to consider a constitutional amendment ending the provision allowing gay marriage in Massachusetts.

Members of Congress adjourned for the July 4th recess without voting to extend the Voting Rights Act of 1965 - or its renewable temporary 25-year provisions aimed at preventing states from coming up with creative new ways to disenfranchise minorities.

Renewing the Voting Rights Act enjoys broad bi-partisan support and had been expected to pass this year without controversy. But a group of Southern Republicans have blocked action. They complain  the temporary provisions are no longer needed. Civil rights groups - and most other lawmakers - say they are.

It's unusual for Congress to hold hearings on bills that have already passed - but that's just what happened this past week - as both House and Senate committees held field hearings on immigration reform legislation. Given the vast differences in the House and Senate versions of the measure - the move may not be surprising. The House immigration bill takes an enforcement-only approach. The Senate version would create a guest worker program and provide a pathway to citizenship for undocumented workers.

The House held three field hearings in the past week - all aimed at building public support for their get-tough approach to immigration. More field hearings are scheduled for later this month and in August. Democratic lawmakers point out both the Senate and House are controlled by Republicans. They say instead of holding field hearings on already-passed legislation - the GOP should work on reconciling the bills.

The Southern Poverty Law Center says racist hate groups have been successful in efforts to increase the numbers of their members accepted by the U.S. Armed Forces since the Iraq war began. In a report issued Friday - the SPLC says the Pentagon is violating its zero-tolerance policy against racist hate groups and calls on Defense Secretary Donald Rumsfeld to enforce the policy - first put in place in 1996.

A Pentagon spokesman calls the issues surfaced by the report "serious" - but says military officials see no increasing trend in the infiltration of the military by extremists. 

The U.S. Equal Opportunity Commission says the number of discrimination and reprisal complaints filed by federal government employees and applicants fell 5.3 percent in fiscal year 2005 from the prior year - to just over 18-thousand. The EEOC also says the average time it took to conduct a complaint investigation fell from 280 days in 2004 to 237 days in 2005. And the average time it took to close a complaint declined from 469 to 411 days.

In FY 2005 - federal agencies closed nearly 23-thousand EEO complaints. Of those - nearly half were closed on the merits of the case. And of those 11-thousand-plus cases - discrimination was confirmed in less than 350 of them.

The National Journal reports NAACP President Bruce Gordon has been privately reaching out to the Bush Administration in an effort to boost the group's non-partisan credentials in Washington D.C. And NAACP Chairman Julian Bond personally invited President Bush to speak to this month's NAACP convention when the two met at a Washington D.C. dinner recently.

Delaware Democrat Joe Biden - meanwhile - is thinking about a run for the Presidency in 2008. But the notoriously loquacious U.S. Senator may need a refresher course in avoiding stereotypes if he hopes to be successful.

After a recent appearance on a C-SPAN show, but while the cameras and sound were still rolling, Biden bragged about his support among Delaware's Indian-American community. Biden said, and this is a quote, "I've had a great relationship. In Delaware, the largest growth in population is Indian-Americans moving from India. You cannot go to a 7-Eleven or a Dunkin' Donuts unless you have a slight Indian accent. I'm not joking." Biden says he was just trying to point out the growth of the Indian-American middle class in Delaware.

Religion still remains an important factor among many voters in their Presidential selections - especially if the candidate would happen to be Mormon or Muslim. A survey conducted by Bloomberg and the Los Angles Times this week found 54 percent of those polled would not vote for a Muslim Presidential candidate. 37 percent said they wouldn't vote for a Mormon.

The Allies liberated the last Nazi death camps over 61-years ago - but Holocaust survivors remain.  And as they get older - they increasingly need financial help. While Holocaust restitution has been paid to some survivors from the German government and other sources - many survivors have received very modest awards - or no help at all.

25 percent of the estimated 120-thousand Holocaust survivors in the United States have incomes below the federal poverty line - compared with only five percent of other Jews older than 55. That's according to a 2003 study cited by the Los Angles times.

Simona Price has had trouble sleeping since finding racial slurs and death threats scrawled on the door and nearby walls of her Edwardsville, Missouri apartment. The 33 year-old African-American nurse has two teenage daughters. She's lived in the St. Louis suburb for 10 years without a prior incident - but now fears for herself and her daughters' safety. Police are investigating.

Dave Bane - the owner of a temporary employment service in Richmond, Indiana - says allegations he had a process in place to systematically discriminate against African American job applicants are untrue. Bane says the allegations are the efforts of disgruntled employees to retaliate against him.

But the Richmond Human Rights Commission disagrees. Last month - the Commission found probable cause that Bane had discriminated against African American job applicants - intimidated and harassed employees - and destroyed evidence once an investigation began.

The owner of a Chicago-area carwash has settled a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission for 125-thousand dollars. The settlement will be split by five male employees of Glenview Car Wash - who said a male manager groped them - followed them into the bathroom - and offered them money for sex. An EEOC attorney said the company tried to characterize the manager's behavior as horseplay.

And finally...

Al Lammers - a legally blind man from Omaha, Nebraska - hasn't let the absence of sight keep him from golfing. And last month - Lammers hit his first hole in one on the 9th hole of the Wild Horse Golf Club in Gothenburg, Nebraska. Lammers calls the shot that landed in the hole - "the sweetest 8-iron I ever have hit in my entire life."