By MICHAEL D. LEE
Special to HR.BLR.com

Every year there are 75,000 to 80,000 discrimination charges are filed with the Equal Employment Opportunity Commission (EEOC) against companies in the United States. To minimize the risk of being sued for discrimination, companies must closely examine their cultures and assess if their environments are conducive to prejudiced behavior.

Here are some danger signs to look for:

• People of color segregate themselves at meetings and during lunch. Segregation is a clear sign that workers of different cultures are not comfortable relating to one another at your company. How much cooperation and teamwork do you think is taking place in this kind of atmosphere? Liability for discrimination complaints in a segregated environment is much higher than at places where there is more cultural integration.
• There are no open discussions about culture in the workplace. Not talking about culture is one of the surest ways to guarantee discrimination complaints. Cultural differences can easily create tensions and misunderstandings if not dealt with quickly. Open discussion about differences among people is essential.
• Diversity training programs are not held on an annual basis. Companies that hold annual diversity training programs reduce the number of discrimination complaints and demonstrate a stronger intent to comply with equal employment laws, studies reveal. Effective diversity-training programs help workers appreciate, rather than fear, differences among people, explore the benefits of cultural diversity, and provide tools for bridging differences in the workplace.
• The company does not understand the benefits of culturally diverse workers. Multicultural people bring different ideas, skills, and modes of thinking to companies that need to compete in a fast-moving, global economy. Harnessing these differences is one of the biggest challenges for organizations today. Language skills, negotiating experience, and unique viewpoints are just some of the benefits that culturally diverse employees bring to the workplace.
• The company does not understand the challenges of a culturally diverse workforce. While there are benefits to having a culturally diverse workforce, there are challenges as well. Some of the difficulties include cross-cultural communications, differences in learning style, individualistic versus collaborative cultures, stereotyping and prejudice, and culturally influenced perceptions. Companies that provide cross-cultural training, exercises, and dialogues are taking positive steps to address these challenges.
• The number of managers is not culturally proportionate to the workforce they supervise. For example, let's say a company has three white male managers who supervise a group of workers that is predominately Hispanic, Asian, and female. This is usually the result of not developing management talent from within the company. It's easy to see how this situation can, and often does, lead to discrimination complaints.
• Cultural differences are not celebrated regularly. Many companies just try to treat all workers the same and ignore cultural differences. Progressive organizations celebrate diversity with periodic sharing of ethnic foods, history, and culture, often provided by the workers themselves. Holding monthly luncheons featuring different ethnic foods is a common way to make employees aware of the benefits of cultural diversity in America, but it is only a start. People from diverse cultures can share much more than food. It's important for your company's managers to help workers see past surface differences to recognize shared similarities.
• Communications are not provided in a multi-modal format. To effectively engage all types of communication styles, utilize written memos, charts and graphs, face-to-face conversations, e-mail, and voice mail.
• Training is not provided in a multi-modal format. Again, people prefer to assimilate information differently. To effectively teach across cultures, training must be provided in ways that reach all the different learning styles. Lectures, online training, activities, role-playing, simulations, and reading are some effective methods.
• There is no employee thoroughly familiar with EEOC charges and procedures. By law, discrimination complaints must be handled in a very specific way to protect the rights of the employee. Make sure you have someone on staff who is trained in EEOC policies and procedures. If the important first step in the complaint-handling process is not followed, there won't be the foundation for an effective defense.
• The company does not know how to resolve EEOC complaints. There are more ways to resolve complaints than just expensive lawsuits; negotiated settlements and mediation are two efficient alternatives. By being aware of alternative-dispute-resolution methods, you can save your organization untold amounts of time and money.
• The company is unaware of what discriminatory practices are prohibited by law. Are you discriminating without even knowing it? Many companies are. Many of the questions on preprinted job applications violate federal law. Others are breaking the law in their job advertisements, recruitment methods, and testing procedures by inadvertently favoring or disfavoring certain groups. Lack of awareness about the legal system will not be an effective defense in a court of law.
• The company is not aware of all protected classes of individuals. There are a number classes of workers protected by law from discrimination based on race, color, religion, sex, national origin, disability, age, or sexual orientation. You must be aware that not just culturally diverse workers can file discrimination suits. Treat everyone with the utmost dignity and respect, and make sure your employees do the same.

• Michael D. Lee, MBA is a diversity consultant and author who speaks nationally on cultural diversity issues. He can be reached by e-mail at seminars@netvista.net