Dive Brief:
- An article at Insidecounsel.com poses the idea that the workplace could become a new diversity battleground, with some risky results for HR.
- Autthor Tim Garrett, a member at Bass, Berry & Sims in Nashville, Tenn., says wise employers know the workplace contains differing “constituencies” and are challenged with balancing the needs/rights of these constituencies.
- As the workforce continues to grow and diversify, it would appear that the workplace has become the frontline of America’s cultural war.
Dive Insight:
Garrett, in the first of a three-part series, asks how can a leader manage the emerging cultural issues with appropriate balance and sensitivity to the values that appear to conflict.
Part one deals with unlawful harassment, which remains a growing issue in workplaces, Garrett writes. Unlawful harassment incorporates more than sexual harassment, as religious harassment can also form the basis for a claim. Thus, for private employers, are the “battle lines drawn” in the culture wars over same-sex marriage? Title VII protects employees against religious discrimination and thus includes protection against religious harassment.
Title VII also protects against sexual discrimination, and, according to the EEOC, now includes protection against sexual harassment based on sexual orientation and transgender status, according to Garrett. And, of course, there has been much debate about whether same-sex marriage is consistent with biblical and other religions’ beliefs, Garrett writes.
HR executives looking for a detailed series on how to better manage the impending culture wars in the workplace should check out Garrett's article, which sets up a scenario on harassment and then offers some general advice.
