The American workplace is changing. There are more women, minorities, immigrants, nonimmigrant contract workers, non-English-speaking or limited-English-speaking workers, and older workers in the workforce today. Those employees have different needs, expectations, and skills that present many challenges for management.

You must not ignore those differences. Ignoring them simply leads to confusion, conflicts, and eventually discrimination or harassment complaints. But how can you communicate with, coordinate, and manage such a diverse group? The following suggestions may help you get started on a workplace diversity program.

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With Americans living longer, they are also working longer, making older workers an invaluable part of any company. They bring wisdom, knowledge, and experience to many aspects of business. They can become mentors for younger and less experienced workers. But there are certain changes that occur to both the body and mind of every individual as they age, which can affect safety in the workplace if an employer is unaware of them and does not take steps to keep aging workers safe.

The first members of the “baby boomer” generation have entered their sixth decade — the eldest in a generation that comprises the most significant portion of the U.S. labor force today. According to the Bureau of Labor Statistics, almost a quarter of all 65- to 74-year-olds are active in the workforce, representing the highest percentage of workers in this age group since 1970. As older adults return to work after re-tirement, whether due to financial need or the desire to continue working, health and safety professionals must address this population’s needs.

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By Terence H. McGuire

Recently, a federal district court in New York ruled that a worker retained to perform public relations and other promotional services for a clothing manufacturer could proceed to trial on claims under the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) that he was fired because he was perceived to be homosexual. Interestingly, the worker contends that (1) he isn’t homosexual, (2) he lived and worked in California for most of the time he was engaged by the company, including when his services were terminated, and (3) he operates his own public relations corporation. The manufacturer claims that he was an independent contractor rather than an employee.

This case underscores the importance of being cognizant that the NYCHRL and NYSHRL prohibit discrimination based on both real and perceived sexual orientation and that the New York laws may permit even “out-of-state” employees to file lawsuits. Finally, if you intend to create independent contractor business relationships rather than employment relationships, you must consider the factors the courts use to determine which type of relationship exists.

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By Saul C. Glazer

Wal-Mart Stores, Inc., has agreed to pay $11.7 million in back wages and compensatory damages, its share of employer taxes, and up to $250,000 in administration fees and will furnish other relief, including jobs, to settle a sex discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The settlement illustrates the substantial risks employers face with respect to claims of systemic discriminatory practices.

Facts

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