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- Challenges for HR
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The culture decides the way employees interact at their workplace. A healthy
culture encourages the employees to stay motivated and loyal towards the
management.
The culture of the workplace also goes a long way in promoting healthy
competition at the workplace. Employees try their level best to perform better
than their fellow workers and earn recognition and appreciation of the
superiors. It is the culture of the workplace, which actually motivates the
employees to perform.
Every organization must have set guidelines for the employees to work
accordingly. The culture of an organization represents certain predefined
policies, which guide the employees and give them a sense of direction at the
workplace. Every individual is clear about his roles and responsibilities in the
organization and know how to accomplish the tasks ahead of the deadlines.
No two organizations can have the same work culture. It is the culture of an
organization, which makes it distinct from others. The work culture goes a
long way in creating the brand image of the organization. The work culture
The organization culture brings all the employees on a common platform. The
employees must be treated equally and no one should feel neglected or left out
at the workplace. It is essential for the employees to adjust well in the
organization culture for them to deliver their level best.
The work culture unites the employees who are otherwise from different
backgrounds, families and have varied attitudes and mentalities. The culture
gives the employees a sense of unity at the workplace.
Certain organizations follow a culture where all the employees irrespective of their
designations have to step into the office on time. Such a culture encourages the
employees to be punctual which eventually benefits them in the long run. It is the
culture of the organization, which makes the individuals a successful professional.
Every employee is clear with his roles and responsibilities and strives hard to
accomplish the tasks within the desired time frame as per the set guidelines.
Implementation of policies is never a problem in organizations where people
follow a set culture. The new employees also try their level best to understand
the work culture and make the organization a better place to work.
It is the culture of the organization, which extracts the best out of each team
member. In a culture where management is very particular about the reporting
system, the employees however busy they are would send their reports by end
of the day. No one has to force anyone to work. The culture develops a habit in
the individuals, which makes them successful at the workplace.
Sexual Harassment
If you require employees to dress in a sexual or revealing way, you may be accused of
harassing these employees -- or encouraging others (customers, for example) to harass
them. Although courts differ on what constitutes harassment in this context, requiring
employees to dress in a provocative way -- such as requiring women to wear short
skirts or men to wear tight T-shirts -- is asking for trouble. If you think such a dress
code is necessary for your business, consult with an attorney before imposing it.
(Learn more in Nolo's article Preventing Sexual Harassment in the Workplace.)
Sex Discrimination
Some employers impose different standards of dress and grooming on female and
male employees. For example, an employer might allow women to wear their hair
long, but require men to wear theirs short. Similarly, an employer might prohibit men
from wearing makeup while requiring women to do so.
Generally speaking, these sorts of differentiations are okay. Employers run into
trouble, however, if their dress and grooming code isn't based on social norms, differs
greatly between men and women, or imposes a greater burden on one gender than the
other.
EXAMPLE
Darlene Jespersen worked as a bartender at Harrah's Casino. The casino had a dress
and grooming policy that, among other things, required women to wear makeup and
prohibited men from doing so. Jespersen, who never wore makeup at work or at
home, objected to the policy, and eventually had to quit when she wouldn't comply.
She sued the casino, claiming that the grooming policy was discriminatory. The court
disagreed, saying that the code did not place a heavier burden on women than on men,
nor did it sexually stereotype women. Instead, the code required male and female
employees to maintain a similar professional look and was therefore legal. Jespersen
v. Harrah's Operating Co., Inc., 444 F.3d 1104 (9th Cir. 2006).
Race Discrimination
No employer would intentionally impose different dress or grooming standards on
different races -- this would be obvious and blatant discrimination -- but you might
impose a standard that has an unintentional discriminatory impact. For example,
requiring all men to be clean-shaven can have a negative impact on African American
men, some of whom have a physical sensitivity to shaving. Such a requirement is
discriminatory.
Religious Discrimination
Some religions impose certain dress and grooming requirements on their members.
For example, some Native Americans are not allowed to cut their hair; some Muslims
must wear beards and certain garments. If your company's grooming or dress policies
force people to violate their religious beliefs, you are opening yourself up to claims of
religious discrimination.
EXAMPLE
Edward Rangel is a member of a religious sect that requires him to wear religious
inscriptions in the form of tattoos. Members of the sect believe that the tattoos
symbolize a follower's dedication and servitude to the creator and that it is a sin to
intentionally conceal them. Rangel was a server at a Red Robin restaurant, which had
a rule against visible tattoos. Rangel worked at the restaurant for about six months
without any complaints from customers, managers, or coworkers, but when a new
manager arrived, he ordered Rangel to cover the tattoos. When Rangel refused,
explaining his religious reasons, the manager fired him. Rangel brought his case to the
Equal Employment Opportunity Commission (EEOC, the federal agency that enforces
antidiscrimination laws), which filed a religious discrimination lawsuit against the
chain. Although the chain defended its policy by stating that it wanted its servers to
have an "all-American look," it eventually settled the case for $150,000.
This does not mean that you must abandon all of your dress and grooming rules
because of an employee's religious beliefs. If your policy is rooted in a valid business
purpose that cannot be changed to accommodate a religious need, you might be okay.
For example, certain types of garments may not be safe to wear when operating
machinery, and certain hairstyles may be unhealthy in a food service context if
employees refuse to wear hair nets or beard nets.
If an employee challenges a dress or grooming policy on religious grounds, be as
accommodating as possible. But if you can't reach a compromise that works for you
and the employee, consult with an attorney.
Disability Discrimination
Employers may require employees with disabilities to comply with the same dress
requirements as other employees. For example, if you require formal attire of all your
employees, it is legal to require the same of your employees who have disabilities.
Sometimes, however, an employee's disability makes it impossible to comply with the
dress code. If an employee asks you to modify your dress code because of a disability,
you must accommodate that request if possible.
EXAMPLE
John is paralyzed from the waist down and must use a wheelchair. His employer has a
dress code that requires all employees to wear a uniform. John's disability makes it
impossible for him to manipulate the zippers and the snaps on the uniform. In
addition, the shape of the uniform makes sitting in the chair uncomfortable. John
brings these issues to the attention of his employer, who finds a tailor to make a
special uniform for John that uses Velcro instead of zippers and that is cut in such a
way that it no longer bunches up in the chair. The employer can require John to wear
the new uniform, and John is happy to do so.
When Employees Complain About Dress Codes
In the end, common sense and respect for your employees are your best guides in
creating a dress code. Strive to treat your employees similarly, and consider carefully
any requests from employees to adjust your dress code according to their needs. If
you and the employee can't reach a suitable agreement, consult with an attorney. To
locate an employment law attorney in your area, visit Nolo's Lawyer Directory, where
you can view information about each lawyer's experience, education, fees, and,
perhaps most importantly, the lawyer's general philosophy of practicing law. By using
Nolo's directory you can narrow down candidates before calling them for a phone or
face-to-face interview.
by: Amy DelPo, Attorney
or sex discrimination claimsand cost businesses $6.4 million in 2007. Much of this
bias is driven not by bigotry but by ignorance. According to a Public Agenda/Pew
study, only 28% of U.S. respondents profess to have a good understanding of
Evangelical Christianity; that number drops to 17% for Judaism and only 7% for
Islam. Thus, in light of a recent Pew Forums U.S. Religious Landscape Survey
(2008), in which 83% of Americans self identified as religious, SHRMs findings
show that the workplace mirrors U.S. society. Forty-two percent of respondents
indicate some degree of religiosity in their work culture as created by organizational
leaders, and 89% report religious/ spiritual diversity among its employees. There is
also a high level of cooperation (98%) among employees of different religious groups,
indicating that employees may be personally invested in creating a work environment
that is welcoming to people of manyor nobeliefs or simply that religious
differences may not be a factor in employee interactions. Paying attention to religious
diversity is also good for the bottom line. It is no coincidence that employee morale
emerged as the factor most affected by companies granting religious accommodations.
Morale is intrinsically tied to other areas of concern to HR: recruitment, retention,
satisfaction, productivity and employee loyalty. Although there are countless ways
religion becomes a workplace issue, attention to some key areas will help pave the
way for a smoother relationship between religious needs and the workplace. Yet the
report shows that employers still have work to do in the following critical areas:
It is also critical to note that this survey reflects the perspective of HR professionals,
not employees themselves. An analysis of both Tanenbaums 1999 Religious Bias in
the Workplace survey of employees and Tanenbaum and SHRMs 2001 survey on
religion in the workplace revealed significant gaps in employer and employee
perceptions of religious bias and discrimination in the workplace, and absent data on
employee perceptions, there is no reason to assume that the gap has decreased.
Companies can begin to address these issues by weaving religious diversity initiatives
into their current policies, training curricula and corporate culture. Recommendations
include:
Offer holiday swapping or floating holiday policies to make it easier for nonChristian employees to take time off to celebrate the holidays that are
meaningful to them.
Provide training and information on religious diversity and inclusivity both at
the manager level and in orientation and employee trainings to help all
employees understand how they can take steps to create a more inclusive
environment at work.
Develop a formal policy on religion that is distinct from a general diversity
policy in order to show employees that their religious beliefs are respected.
The mere inclusion of religion in a list of protected classes in the boiler plate