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Conflict Management E-Newsletter
April 2003 #39
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Contents:
1. Articles
2. EEOC Launches New Mediation Pilot Program
3. Hotline For Arab American, Muslim Discrimination Complaints
4. Training Announcements
5. Culture Matters Workbook
6. Refusing To Carry Out Discriminatory Order Protected
7. Quotes
8. New Book: Peacetalk 101
9. Tools for Tolerance in the Workplace
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Visit http://www.mediate.com/johnford to learn more about
workplace conflict prevention, management and resolution.
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1. Articles
About Rules: Between Don't Ask-Don't Tell and Zero Tolerance
R. D. Benjamin
The heart of mediation and facilitation practice is about where
to draw lines, and when to 'hold' or 'fold' in the stringency of
rule formulation and application. Managing that tension takes place
in the terrain between principled adherence to 'zero tolerance'
and the necessary pragmatism of 'don't ask, don't tell'.
It is not an easy place to be. At one extreme, is the murkiness
of no rules where little is clear, and at the other
extreme, the risk of unwarranted optimism that rules will make
all things clear. Not surprisingly, there are no clear rules,
only choices.
Organizational Conflict Management- What's a System?
John Ford
While conflict may be a constant, paradigms to explain conflict
in organizations have changed. Systems thinking or chaos theory is
the latest paradigm that has been used to understand
organizational conflict. The demise of the mechanistic worldview
allows us to contemplate how organizations deal
with conflict through a fresh set of lenses.
Alternatives to ADA Mediation: An Organizational Ombuds Perspective
Marsha Wagner
In my own experience as an organizational ombudsperson an
impartial, independent, confidential, off-the-record resource for
conflict resolution --I have often noticed the frequency with which
illness, injury or disability is a factor in workplace disputes.
Though there can be no dispute about the value of formal mediation of
ADA workplace conflicts, in some situations there are other forms of
conciliation or informal resolution that may be more appropriate.
Tips for Dealing with Emotion in Mediation
Eileen Barker
You don't have to be a mediator to know that emotional issues lie at
the heart of conflict. Seasoned mediator, Eileen Barker provides
practical suggestions to deal with the emotional dimension of
conflict.
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2. EEOC Launches New Mediation Pilot Program
Cari M. Dominguez, Chair of the U.S. Equal Employment Opportunity
Commission (EEOC), announced the implementation of a voluntary
mediation pilot program in which private sector discrimination
charges filed with the EEOC will be referred back to a participating
employer's internal dispute resolution program, as appropriate.
Under the new "referral back" mediation pilot, which will be carried
out at the district office level, employers that have internal
dispute resolution programs that meet specific criteria may
participate in the pilot.
Under the EEOC pilot, an individual who has filed a discrimination
charge against a participating employer may elect to have his or her
charge held in suspense for a period not to exceed 60 days in order
to provide the charging party and the employer an opportunity to
resolve the dispute using the employer's existing dispute resolution
program.
If the dispute is resolved through the employer-provided program, the
charge will be closed pursuant to the Commission's procedures
governing withdrawal and settlement of charges. If the dispute is not
resolved, the Commission will recommence its processing of the
charge.
In accordance with the provisions of the new pilot, the EEOC will
refer charges back to those employer-provided internal ADR program
mechanisms that meet the following criteria:
*Participation by its employees is voluntary;
*The employer has an established program;
*The program has clearly written procedures;
*It is free to the employee;
*The program addresses all claims and relief under EEOC-enforced
statutes; and
*Settlements obtained must be in writing and enforceable in court.
Chair Dominguez stressed that selection of an employer to participate
in the pilot program does not constitute an endorsement or approval
by the EEOC of an employer's internal dispute resolution program. In
selecting an employer for the pilot, the Commission is simply
acknowledging that the employer's internal program is the type of
program that the EEOC is interested in evaluating, she said.
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3. Hotline For Arab American, Muslim Discrimination Complaints Open
The U.S. Commission on Civil Rights is publicizing its toll-free
hotline for discrimination against Arab and South Asian Americans,
people of the Muslim faith, and those perceived to be from these
communities.
Instituted after the September 11 attacks, the hotline received
hundreds of calls reporting incidents of harassment and
discrimination.
"Republishing the hot line now is a proactive measure to discourage
intolerance and prejudice," said Commission Chairperson Mary Frances
Berry. "War or a heightened terrorist alert does not justify the
compromising of any person's civil rights or civil liberties. No one
should be a target simply because they are, or appear to be, a member
of an ethnic or religious population."
Those who believe they have experienced discrimination may call
1-800-552-6843 or e-mail referrals@usccr.gov to report their
complaint.
As a fact-finding body, the Commission will keep a database of all
calls and refer those requiring action to appropriate federal
agencies, including the Department of Justice and the Equal
Employment Opportunity Commission.
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4. Training Announcements
4.1 Lay Theory Aside - The Art of Reflective Practice
Teleclass with Barbara Ashley Phillips,
Monday, May 26, 2003 at 11:30 AM Eastern: 55 minutes, $39.00.
Sticking with the observed phenomena -- what is actually happening --
offers great insight to those who are willing to suspend theory.
Theory serves as a filter on perception and is far from the only
one that stands between us and real seeing. Learn the art of opening
yourself to what is present, laying aside theories of practice,
of role, of purpose - everything. Do this for the sake of the most
full and complete perception and intuition of which you are capable.
Then, from there, move forward with deepening respect for what the
participants are bearing. This will automatically reduce tendencies
to personalize and grow your capacity for compassion.
4.2 Preventing Violence in the Workplace
PeopleWise, a division of LexisNexis Risk Solution Group, and
Littler Mendelson, the nation's largest labor and employment law
firm, have teamed to develop a seminar entitled, Preventing Violence
in the Workplace.
The cost of the seminar is FREE.
Enroll online at
The Preventing Violence in the Workplace seminar will focus on
helping participants develop a comprehensive plan to prevent
workplace violence with an emphasis on implementing effective
pre-employment screening procedures. During this two-hour
training program participants will:
* Explore the causes and ramifications of workplace violence.
* Learn how to identify potential acts of violence.
* Discuss effective prevention options.
* Develop a comprehensive pre-hiring plan.
Seminars are from 9 a.m. to 11 a.m. (A continental breakfast will
be served at 8:30 a.m.) Choose the date and location of your choice:
March 6 -- Los Angeles, CA
March 12 -- Charlotte, NC
March 27 -- Detroit, MI
April 10 -- New York, NY
April 30 -- Chicago, IL
May 14 -- San Francisco, CA
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5. Culture Matters Workbook
Culture Matter's, Peace Corps' cross-cultural training workbook,
was developed to train new Peace Corps Volunteers to enter new
cultures with understanding and respect. While this Web-based
version of Culture Matters is written as if addressed to a new
Volunteer, we think teachers and students can easily adapt the
language and activities to strengthen cultural understanding
in their classrooms.
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6. Refusing To Carry Out Discriminatory Order Protected
A California appeals court says that an employer violates the Fair
Employment and Housing Act (FEHA) when it penalizes a lower level
manager for refusing to carry out a discriminatory order.
Elysa Yanowitz was a regional sales manager for L'Oreal USA, Inc.
(L'Oreal). She was instructed by her boss, Wiswall, to replace a
dark-skinned female salesperson who was not "good looking enough"
with someone "hot." Wiswall discovered on a return visit to the
store that Yanowitz had not carried out his order.
Passing by a young, attractive blond girl, he said,
"God damn it, get me one that looks like that."
Despite repeated inquiries from Wiswall, Yanowitz refused to follow
the order. While she repeatedly requested Wiswall to justify
terminating the employee, who was a top performer,
she did not complain to the Human Resources Department or
to Wiswall that the order was discriminatory.
Over the following months, Wiswall engaged in an apparent
campaign to fire Yanowitz, a satisfactory employee for more
than 15 years. As Yanowitz became increasingly aware of this
campaign,
she went out on a disability leave due to stress,
never returned to work, and was ultimately replaced. She filed
a FEHA claim alleging that she had suffered retaliation for
refusing to follow Wiswall's order.
The appeals court agreed with L'Oreal that physical appearance
is not a protected class, but said that a male executive's order
to dismiss a female employee because he found her physically
unattractive while not setting similar requirements for male
employees is sex discrimination. Yanowitz's failure to follow
what she believed to be a discriminatory order was a protected
activity for which she suffered unlawful retaliation.
The court concluded that Wiswall's campaign to terminate Yanowitz
was an adverse employment action because it would deter employees
from engaging in protected activities. There was
sufficient connection between his conduct and Yanowitz'
protected activity to support a FEHA violation.
Yanowitz v. L'Oreal USA, Inc. (Cal. App. 1st Dist., March 7,2003) No.
A095474.
Source: California Chamber of Commerce
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7. Quotes
"I hope . . . that Mankind will at length, as they call themselves
reasonable Creatures, have reason and sense enough to settle their
differences without cutting throats: For in my Opinion there never
was a good war or a bad peace."
Benjamin Franklin
"If we have no peace, it is because we have forgotten that we belong
to each other."
Mother Teresa
"Peace cannot be achieved through violence, it can only be attained
through understanding."
Ralph Waldo Emerson
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8. Peacetalk 101
By Suzette Haden Elgin
Henry is an ordinary man with a hard row to hoe, so disgusted with
the state of the world and the state of humankind that he sees no way
out except the most desperate measures. But then things that are not
at all ordinary start happening to him -- as a stranger who seems to
be only a homeless man lazily riding the bus all day shows him, one
small mysterious step at a time, that he has another choice."
"What is this book, exactly? It is science fiction? Religious
fiction? Something else?"
For me, the book "wears two hats." On the one hand, it's
straightforward religious science fiction (although the absence of
spaceships and aliens will make it possible for people who don't
usually read science fiction to read it and enjoy it). On the other
hand, it's a way of putting my Gentle Art of Verbal Self-Defense
system into a narrative shape for the first time.
Both functions are important to me. Very strictly speaking, Peacetalk
101 is an extended parable, with a set of small parables embedded in
a larger one.
"Why did you make the book so violent?"
This question comes up over and over again, and it always surprises
me. One of the reasons that I chose to self-publish the book was that
the editors my agent sent it to kept saying, "We'd like to publish
it, but you'd have to tone down the violence," and I wasn't willing
to make that change.
This perception that the book is violent baffles me, because not one
single violent act takes place in the main narrative of Peacetalk
101. There are some bits of violence in the embedded parables
-- the fate of the obnoxious turtle, for example -- but they're
barely mentioned. The main character thinks about a violent
act and makes plans for it -- but the description of that thinking
and planning includes no "explicit" violence. There's none of the
guts and gore that can be found in the majority of novels written for
today's adults. If I ever had a chance to teach a class about the
book, I would explore this issue with my students as fully as I
could, because I'm at a loss to explain it.
"Are we supposed to take the twelve "rules" seriously? I mean,
did you just make them up for the story, or do you think they have
some kind of real-world function?"
I mean the rules absolutely seriously; for me, they're real-world
rules. But I was careful to present them in such a manner that they
wouldn't get in the way of a reader who doesn't find them
interesting. You can certainly read them as if I'd just made them
up for the story, if that's your preference.
"Your hero is desperate, and prepared to do desperate things.
But he doesn't seem to me to be up against anything that would
drive him that far. Why didn't you have something really
terrible happen to him, to make his behavior more believable?"
Strange as it may seem, it isn't usually great catastrophes that
drive people to desperation. Most people, faced with a personal
disaster, seem to rise to the occasion; they're able to
find a kind of inner strength that makes it possible for them to
deal with the event. What wears people down and makes
them desperate is the constant drip-drip-drip of a thousand
little daily hassles happening over and over and over again
with seemingly no hope that they'll ever stop.
"What is Joe? You don't ever explain that. Is he just an
unusually wise homeless person, or an angel, or an Alien in
disguise, or what?"
I think that's a question that readers should be allowed to
answer for themselves. For me to answer it would take away a
number of interpretations that might be useful to readers and
would create an "official" interpretation; if I'd wanted to
do that, I wouldn't have written the book as a parable.
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9. Tools for Tolerance in the Workplace
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10. Feedback and Subscriptions welcome
If you have any suggestions, tips, or other comments,
send an e-mail to johnford@mediate.com.
New subscriptions are welcome. Forward this to a
friend or colleague.
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