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Construction History and Background

4.3 Laws and Actions for Diversity

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How comfortable do you feel on your knowledge of diversity laws?

to 5

Timing: 3 min.

ASK:

How many of you – on a scale of 1-5 (1: least confident, 5 feeling the most confident) feel comfortable in your knowledge of diversity laws? Don’t answer yet.

DO:

Model the activity for learners or do a practice run to check for understanding.

SAY:

Now I’m going to count down. Close your eyes. After the countdown, show your answer by raising your fingers. Ready? 3…2…1. .”

DO:

Make sure you note the answers and find the most common/popular answers. Having the learners’ eyes closed ensures everyone answers honestly. This should give you an idea of the level of prior knowledge.

DO:

Briefly explain activity results/most common numbers/fingers raised.

SAY:

Don’t worry, because that’s what we’re going to talk about today.

For facilitator’s knowledge:

The first activity is called “Fist to 5.” It’s an anonymous formative assessment using fingers raised to show how confident learners are about diversity laws. It’s usually best to have participants close their eyes.

Model the activity for learners.

Keep reminding learners not to show their fingers/responses before asking the question.

[ADVANCE SLIDE]

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By the end of this module, you will be able to:

Identify

Recognize

State

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Government Diversity Laws:

Historic and Recent

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Who is a diverse worker?

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Source: Types of Diversity in the Workplace - A GlobeSmart Guide

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Source: Types of Diversity in the Workplace - A GlobeSmart Guide

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Historic Laws

Equal Pay Act (1963)

Title VII: Civil Rights Act (1964)

Voting Rights Act (1965)

Age Discrimination Act (1967)

Timing: 5 min.

Sources: Federal Laws Protecting Diversity in the Workplace

Voting Rights Act of 1965 - Definition, Summary & Significance - HISTORY

Age Discrimination | U.S. Department of Labor

DO:

Slides are animated for each Act. Have learners see the visuals that correspond to each act.

SAY:

There are 4 foundational Acts you need to be aware of. These laws helped contribute to the recent changes to help protect your rights. Let’s go through them one at a time.

DO:

Click for the first visual/text.

SAY:

The Equal Pay Act of 1963 from “sex-based wage discrimination… [It] covers all forms of pay, including salary, overtime pay, bonuses, stock options, profit sharing, and more.” There have been changes to the Act in 2007, as it increased the amount of time an employee had to file discrimination charges beyond 180 days.

DO:

Click for the second visual/text.

SAY:

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate based on a person’s race, color, religion, natural origin, or sex. The Act was amended to include modern forms of discrimination, which you’ll see in the next slide.

DO:

Click for the second visual/text.

SAY:

The Voting Rights Act of 1965 protected African Americans at the local and state level from barriers to not being able to vote - even though it’s a constitutional right for everyone to be able to vote under the 15th Amendment of the Constitution. Unfortunately, current challenges today have challenged this act.

DO:

Click for the last visual/text.

SAY:

The Age Discrimination in Employment Act of 1967 (ADEA), protects employees 40 or older from hiring, conditions of employment, and firing. You will see a relevant change in the next slide to this Act.

[ADVANCE SLIDE]

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Recent Laws

Americans with Disabilities Act (1990, 2008)

End of Forced Arbitration

(2021)

Protection for Transgender Persons (2022)

Equal Employment Opportunity

Commission

( 2021)

Timing: 5 min.

Source: All information and quotations come from Federal Laws Protecting Diversity in the Workplace

DO:

Slides are animated for each Act. Have learners see the visuals that correspond to each act.

SAY:

These foundational Acts from the previous slide helped contribute to the recent changes shown here to protect your rights.

DO:

Click for the first visual/text.

SAY:

The Americans with Disabilities Act (ADA) made it illegal to discriminate against individuals with (mostly physical) disabilities. This Act was known as the world’s “first comprehensive declaration of equality for people with disabilities.” In 2008, the Act was amended to become ADAA (the ADA Amendments Act) to include the definition of disability as “(1) have a physical or mental impairment that substantially limits major life activities, (2) have a record of such an impairment, or (3) are regarded as having such an impairment.

DO:

Click for the second and third visuals/text.

SAY:

Title VII of the Civil Rights Act was expanded in recent years to include laws such as the
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
Basically, forced arbitration rarely favors employees, especially when it comes to claims of sexual assault and harassment. Victims can’t use the judicial process to hear their cases. This 2021 law protects victims and lets their rights be heard when it comes to sexual assault and harassment.

Another law that passed recently was the Protection for Transgender Persons (2022). This law “extends protections to individuals who are transgender in Employment. This is based on discrimination on the grounds of transgender status is a form of discrimination based on sex.”

DO:

Click for the last visual/text.

SAY:

You are probably very familiar with this if you’ve ever filled out a recent online application. The EEOC’s additions are usually found on the last page of a job application.
President Biden signed Executive Order 14035 in 2021 to advance diversity and inclusion in the workplace. The EEOC enforces the Order and federal laws to protect against discrimination in the workplace under diversity, equity, and inclusion. It also protects whistleblowers against retaliation.

Keep in mind, the Commission was formed more than 50 years after the Equal Pay Act.

[ADVANCE SLIDE]

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A Brief History of Diversity in the Workplace

Source: A Brief History of Diversity in the Workplace

Take a look at the infographic. What do you notice?

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Knowledge Check

What TWO types of discrimination from the Civil Rights Act have been updated or amended to further protect individual rights?

Based on a disability
Gender
Unequal pay
Individuals who have been sexually harassed

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B) Gender discrimination

Protection for Transgender Persons (2022)

D) Individuals who have been sexually harassed

End of Forced Arbitration (2021)

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Summary

You have rights.

Know them. Use them.

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How is the Construction Industry Working to Increase Diversity and Inclusion?

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Business Designations

NEED:

computers
headphones
Share slides with learners for quicker access?

Timing:

12 min. Total (2 min. to explain + 10 min. watching and discussing assigned video with group members)

Suggested timer

DO:

Divide learners into 3-6 groups, depending on the number of learners. Facilitator can choose to either assign them which video to watch or let groups choose so long as all 3 videos are watched.

SAY:

Each group will watch one video (all 3 videos range from 4-6 minutes each including MBE, WOSB, and a DOT example of a Disadvantaged Designation). Your job after watching it is to teach the class what the designation is called, how it helps, and which diverse group/s can benefit.

DO:

Set the timer for 10 min. immediately after directions.
Give handouts of Slide 16 so learners can see the questions and write the “answers.”

Facilitator should visit each group for questions/concerns.

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Business Designations: Teach Us!

What is the name of the designation?
How does it help?
Which diverse group/s can benefit from this designation?

Suggested timer

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Awareness

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Diversity in the Workplace Increases:

Collaboration

Job Search

Profitability

Team

Performance

33%

29% 17%

67%

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Awareness

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Knowledge Check

Diversity in the workplace _______ team performance. Choose only one answer.

increases
decreases

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Diversity in the workplace increases team performance by 17%

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Thoughts?

Share your thoughts on this section with one person seated near you.

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Summary

The construction industry is working to increase diversity and inclusion by:

Business designations
Awareness

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Mentorship Opportunities

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Why have a mentor?

To work with a role model

To learn and benefit from someone’s successes and failures

To hold you accountable

To give you both positive and “constructive” feedback

To increase your network and networking skills

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Impact of Having a Mentor:

Frank and Jesse

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How do you choose a mentor?

Inspiration

Trust

The “best fit”

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Knowledge Check

True or false?

A mentor must be at a senior executive level to be effective.

True

False

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False

Look for someone who inspires you - it doesn’t always have to be someone in a senior position.

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4.3 Summary

Now that you’ve taken this class, you should now be able to:

Identify historic and recent diversity laws

Recognize how the construction industry is working to increase diversity and inclusion

State the importance of mentorship opportunities

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Next…

4.5?: Know Your Rights: Respect?