The study marks the first time in our country’s history that white births were in the minority (49.5 percent). View an interactive map of the population.

The data coincides with the Census Bureau’s projections for a rapid rise in population diversity over the next 40 years. By 2050, whites are expected to total 46 percent of the population, with Blacks (about 13 percent), Latinos (more than 30 percent), Asians/Pacific Islanders (approximately 9 percent) and American Indians (almost 1 percent) comprising the majority.

The demographic shift is a significant one that will affect diversity and inclusion in many sectors—corporate, political and educational. Watch the video below for more on these implications.

The talent in the workforce is changing dramatically, and many colleges and educational institutions are already experiencing the increasing diversity among students. The number of bachelor’s degrees obtained by Blacks and Latinos increased 32 percent over the last decade, according to the National Center for Education Statistics. In 2000, Blacks and Latinos accounted for 11 percent of the total 31,256,000 degrees received and 15 percent of the 41,289,000 degrees in 2010.

How This Impacts Your Business

• Diversity Recruitment: As the educated workforce becomes more racially diverse, it’s essential for companies to be able to hire and retain the best talent. Studies have shown that younger people, including straight, white men, want to work for companies that are known for their diversity and inclusion. Additionally, as our recent diversity web seminar on recruitment shows, on-boarding and engaging people from underrepresented groups is vital to ensuring their retention and promotion.
• Talent Development: If you aren’t representative of the population, the talent will leave or fail to maximize individual potential. No one wants to be the first “anything” in an organization; that’s why diversity and inclusion is so important. DiversityInc research from The DiversityInc Top 50 Companies for Diversity shows a direct correlation between formal cross-cultural mentoring and talent development of people in underrepresented groups. Watch our diversity web seminar on talent development for more insights.
• Market Share: A culturally competent workforce that is representative of the marketplace reaches customers and suppliers and increases market share. DiversityInc features many case studies of resource groups that have been able to help with market research and customer connections. For example, at our Innovation Fest! in February, Novartis Pharmaceuticals Corporation (No. 13 in the DiversityInc Top 50) discussed how it saved $1 million by using its seven ethnic resource groups to vet marketing campaigns. Watch our diversity web seminar on innovation for more unique solutions to leverage your diversity and inclusion.

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Diversity and inclusion cannot exclude anyone, an issue that has created great conflict in the Black church as the momentum for LGBT rights has increased.

Last week, after the announcement of President Obama’s historic endorsement of same-sex marriage, the Rev. Jesse Jackson led the public pronouncements for equality, calling this “a bold step in the right direction for equal protection under the law for all citizens” and saying he wished the president had also pushed for federal equality rights for LGBT people instead of leaving it up to the states.

Many other Black religious leaders are publicly agreeing, calling LGBT rights the current civil-rights battle. Two of these leaders are Rev. Delman Coates of Prince George’s County, Md., and Rev. Enoch Fuzz of Nashville, Tenn.

However, there remains a strong contingent of people in Black America who believe that same-sex marriage goes against their religious beliefs, including Pastor Jamal Bryant and Bishop Harry Jackson.

And there are others who are angered by the use of the term “civil rights.” Misperceptions abound; as one Black manager recently told us, “It’s not a civil-rights issue for them because they have a choice. I can’t change that I’m Black, but they don’t have to be gay.”

Black community support for same-sex marriages has increased, but not as rapidly as in the general population. Pew Center research shows that in 2001, 34 percent of whites and 32 percent of Blacks supported same-sex marriage. Today, 47 percent of whites and 39 percent of Blacks support it. And Black voters were instrumental in last week’s approval in North Carolina of a ballot measure outlawing same-sex marriage and restricting domestic-partner benefits.

How to Build Support for Diversity & Inclusion 

If your organization—or your church—isn’t supportive of equality for everyone, here are some tips garnered from the DiversityInc Top 50 on how to build an inclusive workplace.

• Require cultural-competence diversity training. Mandatory training that includes factual, educational information on LGBT groups is a must. People who are educated are less likely to make statements like the one above. Eighty-six percent of The 2012 DiversityInc Top 50 Companies for Diversity now require diversity training for their managers, compared with 78 percent five years ago. Sixty-eight percent require diversity training for their entire workforces, compared with 58 percent five years ago. Read DiversityInc’s LGBT Pride Facts & Figures, which you can use for educational purposes. For information on our diversity-training courses, click here.
• Use your resource groups to create more inclusive workplaces. Your LGBT resource group is a great start. Make sure its name includes the word “friends,” “allies” or “straight” so people who are not LGBT or are not out are comfortable joining. Ensure that members of this resource group are included in prominent roles in company events and publications, that they meet frequently with senior leaders, and that they set up company-wide educational programs. Read Our Analysis of the HRC’s Corporate Equality Index.
• Maintain a “no-tolerance for bigotry” policy for everyone. Core diversity-management values are essential to an organization, emanating from the very top. Those values must include an absolute adherence to diversity and inclusion for everyone, regardless of race, ethnicity, gender, religious background, disability and, especially, orientation. Read Diversity Management 101 and The Four Stages of Diversity Management.

–Barbara Frankel

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Diversity and inclusion cannot exist in a culture that allows bullying in any way. Bullying starts young–examples of bullying in schools with horrific results, especially suicides, are in the news every day. If bullies are left unchecked when they’re young, they grow up to be bullies in the workplace, which undermines diversity management’s impact.

Bullying in Schools

In all societies, people in underrepresented groups are the traditional victims of bullies. And it starts young. GLSEN (the Gay, Lesbian & Straight Education Network)’s National School Climate study has found that 61 percent of students feel unsafe at school because of their orientation, 39.9 percent because of gender identity, 16.4 percent because of religion, 9.8 percent because of gender, 7.6 percent because of race/ethnicity, and 5.3 percent because of disability.

The impact of school bullying was shown in the recent documentary “Bully.” The impact on youth, their families and the loss of potential talent is devastating.

For resources to stop bullying in schools, visit GLSEN, stopbullying.gov, National Crime Prevention Council, End to Cyber Bullying Organization and Lady Gaga’s recently launched Born This Way Foundation.

Workplace-Diversity Implications 

When bullies go unchecked, they grow up to be bullies. They may hide it during the job interview and rise to leadership roles.

But they will continue to target and bully people, most frequently those in underrepresented groups. And instead of fostering an atmosphere where people can bring their whole selves to work and foster innovation, your culture will become one where engagement and retention are seriously undermined.

What You Can Do 

A strong diversity and inclusion strategy will give you safeguards to find and address bullying in the workplace, but you must ensure these practices are available consistently across your organization. Read Diversity & Inclusion Means ‘You Can’t Afford to Be Dismissing People’s Ideas’ to learn how this CEO’s commitment to diversity and inclusion increased innovation at Ameren.

• Clearly State and Communicate Values: Mission statements and consistent values that are inclusive of every group must be visibly present on the website and in other prominent communications. Most importantly, they must come from the CEO and be supported by senior leaders. Read Ask the White Guy: Decision Making, Clarity of Values & What to Do When It Goes Horribly Wrong.
  
• Resource Groups: Your resource groups are your first and best line of defense. Well-developed groups, with the ability to regularly communicate with senior executives, including the CEO, can tell you what’s going on and help create culturally competent solutions.  Senior executives who sponsor groups outside of their own demographics often become more inclusive leaders. Watch Diversity Web Seminar: Resource Groups.
• Diversity Training: Mandatory diversity training that goes beyond compliance and addresses specific cultural-competence education is vital, especially for those who don’t “get” diversity and inclusion and may be bullies. It’s important to follow up and measure the success of training to make sure you have the right programs in place. Read Do White Men Really Need Diversity Outreach?
  
• Mentoring: Cross-cultural mentoring allows individuals to get to know people from underrepresented groups and to “walk in another person’s shoes.” The bidirectional aspect of mentoring, especially for white, male executives, can reduce bullying through cultural education. Read Cross-Cultural Mentoring: How IBM, E&Y & Kraft Increase Diversity in Management.
• Legal/HR Repercussions: If despite all your diversity-management efforts, instances of bullying occur, it is vital to address them quickly and severely. Understand what is legal and what is not, and work with your HR department to ensure nothing is being ignored. DiversityInc is holding a one-day workshop Sept. 13 on Managing Relationships Between HR & Diversity Departments, and bullying will be a major topic.

For more resources on diversity and inclusion awareness, go to DiversityInc.com/diversity-facts.

–Barbara Frankel

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Diversity and inclusion at Walmart (class action Phase 2). In early 2011, the U.S. Supreme Court rejected the massive Duke v. Walmart sex-discrimination nationwide class action because it was too large and had too many issues to fit within the class-action rules. The plaintiffs have now amended the complaint to focus only on 90,000 female Walmart employees in California. Duke v. Walmart (N.D. Cal., 2011). Get insight on this case in DiversityInc CEO Luke Visconti’s Ask the White Guy column.

Hostile employment environment cannot exist the moment employment ends. A moment can make a great difference. When a financial adviser submitted her resignation letter, a male manager applauded, grabbed her arm, pushed her out the building door and yelled, “Good riddance, b—-!” She sued for hostile-environment sexual harassment and constructive discharge. The court dismissed the case. There had been no sexually hostile environment prior to the resignation. There had been animosity between the manager and employee, but nothing to constitute sexual harassment. The resignation was triggered by a corporate territory reassignment that affected all advisors. Though the court found the manager’s conduct “reprehensible” and “unacceptable,” it was not actionable. It was impossible for the manager’s conduct to have “altered the employee’s terms or conditions of employment” when it occurred after she resigned. Overly v. Key Bank National Ass’n. (7th Cir., 2011). 

Read more sex-discrimination cases and rulings in Is Going Out for Drinks Sexual Harassment? and Lying About Disability, Covering Up Sexual Harassment & Other Legal Issues.

Age Discrimination: 

Reacting to rumors does not create constructive-discharge case. A 60-year-old hotel sales manager heard rumors that upper management wanted to get rid of her and “hire someone young and cute as sales manager.” In reaction, she submitted a resignation in order to avoid the stigma of being fired. She then sued for age discrimination and constructive discharge. The court found no valid cause of action. The employee had suffered no adverse actions. Constructive discharge requires one to have suffered terrible overt treatment. The employee had not waited to suffer any actions at all. Her preemptive quitting left her with no case, even if she was eventually replaced by a younger person. Fritzpatrick v. Raymond Mgt. Co. (N.D. Ill., 2011). 

Independent audit report overcomes case. A former school-district finance director sued and lost her discrimination case. After several financial improprieties surfaced, the district requested an audit. The auditor’s report found that the director’s department was “dysfunctional” and that she knowingly allowed irregular accounting procedures. The day after the report, the director filed a complaint alleging she was being mistreated because of her age, gender and Chinese national origin. She was fired soon thereafter. She sued, claiming the firing was because of her discrimination complaint and that she was replaced by a younger, white male. The court found that her “last-minute allegations” of discrimination were unconnected to the discharge. The independent auditor had already found ample nondiscriminatory evidence to warrant the discharge. Dellapina v. Tredyffrin/Easttown School Dist. (3rd Cir., 2011).

Disability Discrimination: 

Employers have the right to change duties with changing times and technology. No job is static and employees have no right to hold on to the job description or duties of their original hire. Due to incidents of fraud, Walmart changed its return process from a manual check-off by the greeter to a more complex hand-held scanning device. A greeter was unable to effectively use the new device because of a neurological disorder, which was now an essential function of the job. He requested and was denied the accommodation of going back to the old manual system. He then sued, claiming that he should be entitled to continue the duties he was hired to do and performed well. The court ruled that this argument was “a nonstarter.” The new technology significantly reduced fraud, and any employer may change duties and technology if it can show a valid business reason, in spite of the consequences this may have for some employees unable to make the transition. Walter v. Walmart Stores, Inc. (N.D. Ind., 2011). 

100% requirement is an automatic violation of the ADA. This case is in the “should have known” category. An employee took leave because of prostate surgery. He was cleared to return with restrictions on lifting and standing too long without the opportunity to sit. The company terminated him for being unable to perform 100 percent of the job. The employer should have known better. The ADA regulations and a long line of cases hold that a 100 percent return requirement is a “per se violation” of the law. The whole reasonable-accommodation concept is based on modifications because an employee may not be able to do 100 percent of the duties but can perform the essential functions. The employer should have engaged in the required interactive process to explore accommodations before making any decision. Nolan v. Arkansas (E.D. Pa., 2011). 

Safety evaluation is not a medical examination. The ADA has strict guidelines on medical evaluations. A FedEx employee challenged a field-evaluation safety assessment of hearing, which he failed. The court dismissed the case, finding it was not a medical exam under the ADA. There were no medical personnel involved. The hearing evaluation was done under actual workplace conditions, with a practical assessment of whether the person was able to be effectively safe. There was also a valid reason for the evaluation. The employee had several accidents, apparently because of failure to hear directions, including people yelling loudly that he was driving in the wrong lane. Margharita v. FedEx Express (E.D. NY, 2011).

Bob Gregg, a partner in Boardman & Clark LLP, shares his roundup of diversity-related legal issues. He can be reached at rgregg@boardmanlawfirm.com. For best practices to create inclusive workplaces that reduce discrimination based on sex, age and disability, visit DiversityIncBestPractices.com.

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