David Barmak, Esq.
On May 25, 2020, in the midst of the COVID-19 pandemic, people across the nation and around the world were horrified at seeing the video showing the cruel death of George Floyd at the hands of a Minneapolis police officer while other officers stood by and did not intervene.
Some background research indicates that the offending officer and Floyd knew each other to some extent prior to the incident. They had at times worked overlapping shifts as security guards for a local nightclub. However, the former owner of the nightclub was unsure about how well they knew each other.
Was this act of violence a result of an individual’s racial bias and the abuse of his power and position as a police officer to act on that bias; or, does it strip the veil that covers a systemic racial bias that can be found throughout our country? If that is the case, all people have a responsibility to address incidents and bring about change. This raises the question—where is a good place to begin?
Initially, we can begin to move forward by acknowledging the tragedy of Mr. Floyd’s death, work to understand the threats and inequities that many people face, and extend empathy to those who are vulnerable and feel invisible.
While race and color are key parts of who we are, the life experiences we have had impact how we process events like the ones we are seeing today. All people face the challenge of realizing they have unconscious and implicit biases. The Equal Employment Opportunity Commission (EEOC) is concerned when these biases become what it calls “systemic discrimination” and produce an adverse impact in the workplace.
Unconscious biases are prejudices people have, but for which they may be unaware. They can be based on a variety of factors: weight, height, skin color, gender, and shyness vs. outgoing, marital and/or parental status, disability, accent/language issues, and education level. If you can name it, there is probably an unconscious bias for it.
Numerous studies since the 1980s confirm that people harbor unconscious bias—even when they explicitly believe that prejudice and discrimination are wrong. Unconscious bias permeates the workplace at all levels and can obstruct diversity, recruiting, and retention efforts; and, albeit unknowingly, shape an organization’s culture. Unconscious bias can affect talent and performance reviews and determine who gets hired or promoted.
Where does bias come from?
Scientists tell us that bias is found in the region of the brain associated with fear and threat. Stereotyping, which is a form of bias, is associated with the temporal and frontal lobes. The left temporal lobe stores general information about people and objects. The frontal cortex is associated with forming impressions of others, as well as empathy and reasoning. People mentally group and categorize things to help make sense of the world. Bias occurs when those categories are tagged with labels like “good” and “bad” and are applied to entire groups. If a person has a bad experience with someone they have categorized as belonging to a certain group, they will often associate that entire group with the bad experience, and a bias is formed.
Examples of Biases – A few of the known unconscious biases that directly affect the workplace include the following:
Affinity bias: The tendency to like people who are like ourselves.
Halo effect: The tendency to think everything about a person is good because you like that person.
Perception bias: The tendency to form stereotypes and assumptions about certain groups that make it impossible to have an objective judgement about members of those groups.
Confirmation bias: The tendency for people to seek information that confirms pre-existing beliefs or assumptions.
Group think: When people try too hard to fit into a particular group by mimicking others or holding back thoughts and opinions.
Microaggression is a comment or action that negatively targets a marginalized group of people. However intentional or accidental it may be, it is a form of discrimination. People may mean no harm toward the person or group that a micro-aggressive comment or action is directed against, and it may be that the person does not even realize that they are making a micro-aggressive comment or action.
Microaggressions may be expressed verbally, behaviorally, or in a combination of both forms. A verbal microaggression is a comment or question that is hurtful or stigmatizing to a certain marginalized group of people, i.e., “You’re so smart for a woman.” A behavioral microaggression occurs when an individual behaves in a way that is hurtful or discriminatory to a certain group of people. This can have a very detrimental effect in the workplace.
Here are some examples of micro-aggressive statements that should be carefully avoided:
- When are you going to have children? You’re not getting any younger.
- At least you don’t look old.
- I’m surprised you speak English so well!
- Where are you really from?
- I’m not even going to try to pronounce your name.
- At least we know you’re not a terrorist!
- How’s the weather up there?
- If that’s what you people want, then I guess we can work with you.
Situations like the recent death of George Floyd bring to the surface the pain of centuries of racial wounds for those with exposure to racial trauma or who feel linked to it by common characteristics such as skin color, national origin, and more. Racial trauma has the following outcomes: depression, anxiety, hypervigilance, PTSD, insomnia, and physical problems. People who are on the receiving end of bias or who are sensitized to it may react in ways that others consider overactions.
Acknowledging that everyone has unconscious biases is an important and integral first step in creating a culture of diversity in the workplace, and every member in leadership needs to identify their own biases and begin a process of overcoming them.
Communicating with respect is another way to help prevent discrimination and harassment. No one should feel belittled by supervisors or co-workers. No one has the right to belittle or demean others. And no one should be discriminated against by others.
Whenever staff approach a supervisor requesting accommodation of a sensitive issue, the following are some do’s and don’ts to keep in mind:
- Don’t say, “You should be thinking of your residents, not your personal issues!” Work together to see how the request can be reasonably accommodated.
- Don’t say, “I understand how you feel.” If you have not experienced bias in the area the person presents to you, such as racial bias, you can’t understand.
- Do say, “I’ve never experienced that, so I don’t quite understand. But I do understand frustration. It makes sense why you feel this way.” Validate what the person is saying or asking for and work with him/her to make reasonable accommodation for everyone.
- Don’t minimize the person or his/her feelings. The issue is important to the person or he/she would not have brought it to you.
Things to be Aware of that May Result in Discrimination
Different cultures – some individuals are biased against specific groups of people
Male vs female issues – disputes may occur over performing equal work or over pregnancy and parenting needs
Transgender or same-sex lifestyles – alternate lifestyles may result in negative behaviors by some
Generation gaps – multiple age groups working together can result in some individuals being excluded or targeted
Disabilities – those with mental or physical disabilities may be targeted by insensitive coworkers
Speaking little or no English – language barriers create separation from the total group and clustering of those who do not speak much English
Some actions people frequently display that should provide a red flag warning of possible discrimination or bias:
- Unwillingness to help certain races of individuals when they request something.
- Refusing to accommodate persons with different lifestyles.
- Ignoring some individuals when they speak.
- Speaking rudely to some people based on their differences.
- Displaying disparaging body language, tone of voice, or remarks toward those who are of different races, lifestyle choices, religions, and more.
Who is Responsible for Creating and Ensuring Cultural Diversity in the Workplace?
The answer is everyone. Each person must demonstrate a commitment to maintaining a culture that supports diversity where everyone is treated respectfully. Since inappropriate or discriminatory behavior negatively impacts the culture of caring that needs to be provided, such behavior cannot be tolerated.
Only by having members work together as a team, can a workplace environment ensure that every employee, resident, and family member is treated as we all want to be treated – with dignity and respect.
