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Arusha Gordon

Promoting Tolerance and Preventing Discrimination. Arusha Gordon. agordon@lawyerscommittee.org. Dariely Rodriguez. drodriguez@lawyerscommittee.org. DISCLAIMER.

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Arusha Gordon

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  1. Promoting Tolerance and Preventing Discrimination Arusha Gordon agordon@lawyerscommittee.org Dariely Rodriguez drodriguez@lawyerscommittee.org

  2. DISCLAIMER This presentation does not provide legal advice but rather provides general legal information. No attorney-client relationship is created by using any information in the presentation. You should consult and retain an attorney if you need legal advice specific to your situation.

  3. WHO WE ARE Our Mission Economic Justice Project Stop Hate Project The Economic Justice Project (EJP) seeks to address persisting inequality and high poverty rates faced by African American and other minority communities. EJP also brings litigation seeking to lift the employment barriers faced by individuals with criminal histories who are seeking to reintegrate into their communities. • To secure equal justice for all through the rule of law, targeting in particular the inequities confronting African Americans and other racial and ethnic minorities.  The Stop Hate Project seeks to strengthen the capacity of community leaders, law enforcement, and organizations around the country to combat hate by connecting these groups with established legal and social services resources.

  4. HATE CRIMES ON THE RISE Most hate crimes go unreported; reporting is voluntary. Surge in hate crimes nationally in recent years; increase in hateful language and attitudes towards marginalized groups, including immigrants, people of color, LGBTQand religious groups. Workplaces and businesses reflect the national climate. 5 % increase from 2015 10% increase from 2014

  5. HATE CRIME LOCATIONS Number of Incidents Within the United States

  6. LEGAL OVERVIEW • Federal, state, and local laws prohibit discrimination, including harassment, based on certain characteristics or protected categories such as race, sex, pregnancy, religion, national origin, disability, age, and citizenship status. At the federal level, employment anti-discrimination laws apply to employers engaged in interstate commerce with more than 15 employees. *The threshold may be lower at the state or local levels.

  7. LEGAL OVERVIEW • Federal, state, and local laws also prohibit discrimination, in in public accommodations on the basis of protected categories such as race, sexual orientation, religion, and national origin.

  8. WHAT OBLIGATIONS DO YOU HAVE? • Businesses have an obligation to provide a work environment that is free from discrimination and harassment • Businesses also have an obligation to treat customers equally and fairly. • Eliminating harassment begins with treating people with respect. • Discrimination and harassment have negative impacts in the workplace and on employee morale. • Discrimination or harassment against customers is bad for business!

  9. WHO CAN PERPETRATE HARASSMENT? Perpetrator w/no relationship Perpetrator with no legitimate relationship to the business (protestor/ political demonstration). 3. Worker-on-Worker Internal problems between co-workers; usually manifests as verbal or physical conduct on the basis of someone’s protected category. 2. Customer/Client External individual who has relationship to the business (harassing employees, refusing to work with specific individuals)

  10. WORKPLACE POLICIES & PROCEDURES Prevention: Intended to prevent harassment and discrimination against employees and customers. Investigation: Ensure that prompt, fair and thorough investigations of complaints are conducted and that appropriate action has been taken when individuals engage in harassing and discriminatory behavior. Retaliation: Ensure that employees who make complaints are not retaliated against, which is illegal.

  11. WORKPLACE HARASSMENT R ECOGNIZE 1. Harassment can be overt or subtle. It can manifest itself physically, verbally, and non-verbally (written, visual). 2. It’s motivated by bias, prejudice, or personal hatred toward the actual or perceived characteristics of a victim, including race, color, national origin, religion, disability, sexual orientation, gender, or gender identity.

  12. WORKPLACE HARASSMENT R ESPOND to Complaints 1. Take all complaints seriously 2. Investigate 3. Take appropriate action, if necessary

  13. WORKPLACE HARASSMENT P REVENT 1. Cultural sensitivity; be aware of how cultural dynamics (including ‘identity’ based on religion, sex, race, ethnicity, gender identity, sexual orientation, disability etc.) inform one’s reactions 2. Be mindful of your own biases

  14. HYPOTHETICALS External Individual w/Business Relationship A client is refusing to work with an employee based on a protected category.

  15. HYPOTHETICALS External Individual w/o Business Relationship A white supremacist gathering is being held in your community. What should your business do? Close? Remain open? Express your views publicly?

  16. HATE GROUP SYMBOLS It is Important to be able to recognize graffiti or other markings which might indicate bias motivation.

  17. MOBILIZING AGAINST HATE… • Organize community service projects that take the attention away from a hate rally, etc. and re-focus it on a positive community value. • Support local community organizations - visit local mosques to learn about communities that are targeted and see what services they provide. • Make and display inclusive and welcoming messages, or signs that announce a portion of proceeds will go to XYZ community organization. • * Given the nature of hate motivated violence, it might be particularly helpful to identify resources serving that person’s social identity group(s) (e.g., a therapist who specializes on LGBTQ+ issues).

  18. MOBILIZING AGAINST HATE… • Letters to the editor/op-ed using your voice as a business leader (“Hate is bad for business”) • Host a know your rights workshop, bystander intervention training, or community round table on hate • Fundraise for repairs/security equipment for organizations or residents that have property vandalized. • Help seek legal assistance • Support minority owned businesses in their communities that may be targeted for hate.

  19. HYPOTHETICALS Worker-on-Worker Some of your employees are having a heated argument about politics. How do you respond?

  20. HARASSMENT BY CUSTOMER This recent incident occurred when a customer threatened to call ICE because restaurant staff were speaking Spanish. The customer, an attorney who owns his own firm, has been kicked out of his office space and is facing potential disbarment. If this were your business, how would you handle this customer?

  21. RESOURCES • Society for Human Resource Management (SHRM) • American Bar Association (ABA) • Crisis Prevention Institute (CPI)

  22. THANK YOU! .

  23. QUESTIONS?

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