UNCONSCIOUS BIAS: HOW TO RECOGNIZE ...

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UNCONSCIOUS BIAS: HOW TO RECOGNIZE GENERATIONAL AND CULTURAL DIFFERENCES Yvette Donosso, Utah Attorney General’s Office Litigation Division-Employment Section 2012 Summer Convention

I.

INTRODUCTION A. Definitions 1.

Bias: a. Webster’s online dictionary Noun: A partiality that prevent objective consideration of an issue or situation Synonyms: Prejudice, preconception Verb: Influence in an unfair way Synonyms: predetermine b. Black’s Law Dictionary (7th Ed.) Noun: Inclination; prejudice, i.e. juror bias, judicial bias.

2.

Generational: a. Webster’s online dictionary Noun: Of or relating to a generation. Generation: all the people living at the same time or of approximately the same age

3.

Cultural: a. Webster’s online dictionary Noun: Of or relating to culture Culture: Noun. 1. a particular society at a particular time and place, i.e. Mayan culture; 2. the tastes in art and manners that are favored by a social group; 3. all the knowledge and values shared by a society; 4. the attitudes and behavior that are characteristic of a particular social group or organization i.e. FBI culture.

II.

RACE STATISTICS: State and National A.

In 2010, ethnic minorities comprised 19.6% of Utah’s population.

B. From 2000-2010, Utah’s ethnic population increased by 64.8%.

C. By 2042, ethnic minorities will comprise 54% of the nation’s population. By 2050, 1 of 3 U.S. residents will be Hispanic.

D.

III.

Other interesting statistics: only 5% of the world speaks English as its first language. By 2020, 75% of the global workforce is predicted to be from Asia.

UTAH STATE BAR STATISTICS A.

Utah’s lawyers are young: majority are 37-49 years old.

B.

Although 19.6% of the State’s population is of ethnic dissent, only 6% of the Bar is of ethnic dissent.

C.

Currently, 25% of clients of Utah firms emphasize diversity initiatives.

D.

Currently 42% of Utah firms have a diversity policy.

IV.

Generational Bias A.

Why does it matter? Studies shown 47% have experienced it. ● Work Conflicts ● Recruiting and retention difficulties ● Inefficiency ● Time and money

B.

What are the generations? 1.

Traditionalists/The Silent Generation (ages 66 and older) ●Key Events: Great Depression, New Deal, WWII ●Value: Hard work, Formality ●Want: Respect, Recognition, Sacrifice ●Work mantra: Chain of Command (value hierarchy and seniority)

2.

Boomers (ages 48-65) ●Key Events: Civil Rights, Vietnam, Kennedys, ERA ●Value: Loyalty, Hard Work, Accomplishment ●Want: Good colleagues, Autonomy, Giving Back, Recognition ●Work Mantra: Change of Command (challenge status quo)

3.

Generation X (ages 30-47) ●Key Events: Watergate, MTV, Aids, Iran-Contra, Desert Storm ●Value: Work-life balance, Autonomy, ●Want: Freedom, Recognition, Personal Fulfillment ●Work mantra: Self Command (value competence, not seniority)

4.

Generation Y/Millenials (ages 18-29) ●Key Events: 9/11, Katrina, War in Iraq ●Value: Innovation and change ●Want: Flexible hours, Advancement, Recognition, Challenge ●Work motto: Don’t command, collaborate Most ethnically diverse generation to date T-ball Generation (everyone gets a trophy)/Divorce Internet, cell phones, Ipods, FB, Twitter, reality TV

C.

Understanding the Generations 1. Core Values: family, love, integrity. 2. Core Wants:

V.

a.

Respect: defined differently. Older employees define respect as “giving my opinion the weight I believe they deserve.” Younger employees define it as “listen to what I have to say.”

b.

Trustworthy Leaders. Generations define the same.

c.

Stability—individuals from all generations uncomfortable with change.

d.

Loyalty. Younger generations not as loyal.

e.

Opportunity. All want to learn and gain training to perform well.

CULTURAL DIFFERENCES A.

B.

Culture encompasses more than ethnicity and race. 1.

Core Personality

2.

Internal Dimensions: age, gender, race, sexual orientation, ethnicity, physical ability

3.

External Dimensions: Geographic location, Income, Personal habits, Recreational habits, Religion, Educational background, Work experience, Appearance, Marital Status, Parental Status

4.

Organizational Dimensions: Functional Level, Work content, Division, seniority, Work Location, Management Status

Aspects of Culture 1.

Sense of Self and Space: Europeans and South Americans customarily greet associates by kissing them on both cheeks, instead of shaking hands. Americans prefer arms-length distance, other cultures 12 or fewer inches.

2.

Time: In U.S. times is linear and punctuality is valued (“Time means money.”) In the Middle East and Latin America, time is

elastic and relative. It customary to arrive half an hour late, in Germany this would be extremely rude. Also, Asian countries are past-oriented; Latin American countries are present oriented; and Western Europe and the U.S. are future oriented. 3.

Context: a. Low Context cultures—Canada, U.S., Australia, New Zealand, and most of Europe require little or no explanation of orders and requests. b. High Context cultures—Eastern countries (Asia) and South America require and expect more explanation about orders. Ritual is also involved—thus age, gender and rank are important issues in the formality. c.

4.

5.

6.

7.

Proverbs: 1.

America: “Squeaky wheel gets the grease.”

2.

China: “Empty cart makes noise.”

3.

Japan: “The protruding nail gets hammered down.”

Appearance: a.

American culture: dress for success, wide range

b.

Other cultures: seen as sign of position, wealth or religion

Family: a.

America culture: focus on self and nuclear family

b.

Other cultures: Extended family, age given status/respect

Mental processes a.

America culture: linear, logical, problem-solving

b.

Other cultures: lateral, holistic, accepting of life’s challenges

Impact of Relationships

a. In Eastern and high-context cultures, relations involve long-time family ties or direct referrals from close friends. Business deals are often based on family ties, class and status. Western cultures believe everyone deserves an equal opportunity; judgments are based on “the best deal.” 8.

9.

Cues: a.

Western cultures, word “yes” means agreement. Eastern cultures “yes” means party understands the message, not necessarily that he agrees with it. In India, shaking head in a horizontal direction means “yes.”

b.

Handshake in some countries is as iron-clad as a written contract.

c.

In Western Europe, the sign on the thumb and forefinger forming an “O” means everything is ok. In Japan it means “now we may talk money.”

d.

In some Eastern countries, a period of silence during negotiations signifies displeasure with the proposal.

e.

Eastern cultures prefer saving face and avoiding disrespectful responses to frankness.

f.

Western cultures, a smile means friendliness. Eastern cultures it can signal embarrassment or humiliation.

Why does it matter? If not addressed properly ● Lower productivity ● Miscommunication ● Conflict ● Stereotyping ● No Teamwork

10.

How Do We Manage Diversity a. Practice Fairness: assume the best adapt to individual context b. Promote Respect: open communication, verbal and non-verbal

c. Promote Recruitment and Retention: different modes of training and learning 11.

To Achieve and Sustain Diversity May Require a Paradigm Shift “CEO commitment is the most critical factor in diversity success.” -Diversity, Inc. magazine A. Leadership must understand that a diverse workforce will embody different perspectives and approaches to work, and must truly value variety of opinion and insight. B. Leadership must recognize both the opportunities and challenges that diversity brings to the organization. C. The organizational culture must create an expectation of high standards of performance for everyone. D. The organizational culture must stimulate personal development. E.

The organizational culture must encourage openness.

F.

The organizational culture must make workers feel valued.

G. The organization must have a well-articulated and widely understood mission. H. The organization must have a relatively egalitarian, nonbureaucratic structure.