Diversity Works! 2007 Summit Issue

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DiversityWorks! October 2007 features30 Sempra Energy Takes

Unique Focus On Diversit

34 What Kind of DiversityTraining Really Works?

36 Diversity Me, DiversityYou

38 Is Diversity EducationDiverse Enough?

40 Cultural Audits... WhichProcess Is Right For YourOrganization?

42 Collusion of Confusion:Men and Women

UnknowinglyPerpetuating Stereotypes

44 Coaching White MaleLeaders as Diversity &Inclusion Champions

46 The Impact of NonverbalCommunication onCorporate Diversity

50 Intellectual Property

Protection For SmallBusiness Entreprenuers

4 Publishers Desk6 Editor-in-Chiefs Desk7 Summit Program58 Diversity Partners

departments

CREDITS

President/CEO - Cecil H. SteppePublisher - Maurice D. WilsonEditor-in-Chief - Pamela S. PerkinsManaging Editor - Sheri L. WilliamsResearch & Development Manager - NJ MitchellLayout & Design - Graphics by DesignPhotographer - Mike NorrisCover Design - Graphics by DesignCover Design Concept - Maurice WilsonProgram Book Design (p.7-28) - Carroll EristheeContributing Writers - P.S. Perkins, Gregg Ward,Walter S. Stevens, Diana Pastora Carson, Dennard

Clendenin, William G. Shackelford, David Tulin,

Leslie Jenness

Diversity Works! is an initiative of the Urban League of San Diego County designed to build bridges between communities of color and corporations. TheDiversity Works! Magazine is a quarterly publication complied by the Business & Workforce Development Department of the Urban League of San DiegoCounty. For information on editorial submissions, or display advertising, please call 619-266-6244 or email: [email protected]

About the Urban League of San Diego CountyThe Urban League of San Diego County is a nonprofit, nonpartisan, civil rights and community-based movement that serves over 10,000 people annually,by providing direct services, research and policy advocacy to help individuals and communities reach their fullest potential. Primarily working withAfrican-American and other emerging ethnic communities, its network of professional staff is working to close equality gaps for people at all economiclevels and stages of life, and giving citizens a chance to give back as volunteers. ULSDC is a 501c(3) Non-Profit Agency Established in 1953

Mailing Address: 720 Gateway Center Drive, San Diego, CA 92102 / Ph: 619-263-3110 / Fax: 619-263-3660 / www.ulsdc.org

An affilliate of the National Urban League.


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Diversity Does Work!Welcome to the Fall Edition of the Diversity Works!Magazine - Diversity Summit Edition.

We are very pleased to present this edition of

Diversity Works! in conjunction with the Diversity

Summit - A long-awaited event we have been anticipat-

ing for over three years.

It was three years ago that we formed the DiversityAdvisory Council, a group of San Diego-Based profes-

sionals and companies interested in promoting diversity

and making a difference in our city/county. These are

passionate individuals who operate independently as

diversity promoters carrying unique messages and per-

spectives about diversity. When we met for the first time,

you could feel their energy, passion and desire to make a

difference it was instant love at first sight. We formed a

bond that is as strong today as it was three years ago.

The first task of the council was to provide awareness

training to local employers in the form of Monthly

Employer Diversity Networking Luncheons designed

to build relationships and discover our local resources.

As each council member presented their diversity case

to local employers and community members, it was

obvious that we had some of the best talent in the busi-ness right here in our backyard. It was also apparent

that these were committed individuals who truly

believed in their work and had a vision of equality and

inclusion at all levels in our society. Some of their pre-

sentations were so powerful that many in attendance

came to tears.

The second task introduced the Presidents Award for

Diversity which was initiated in October, 2005 at our

Annual Equal Opportunity Awards Dinner. Under the

I am particularly proud of the great work in plan-ning for the Summit by this year's Diversity

Advisory Council. they put in many long hours planning, meeting, reviewing and preparing forwhat I believe will be a great event. This is anexcellent group of people worthy of yourcontinued support, admiration and respect

from the publishers desk

4 Diversity Summit Issue


5/60DiversityWorks! 5

leadership of our Council Chair Sheron Maxwell, we pre-

sented the Presidents Award for Diversity to three outstand-

ing companies: Small Category San Diego Regional Airport

Authority, Medium Category Starbucks Coffee Company

and Large Category Sempra Energy. The focus of the

awards is to recognize the efforts of local companies and

reward them publicly for their efforts. Over the years we dis-

covered that implementing diversity in an organization takes

commitment, dedication, vision, support, sacrifice and

courage. To become a best practice company takes a lot of

planning, practice and patience. We salute all of the nomi-

nees and commend this years winners.

The third task was to implement Annual Diversity

Summits whereby we could bring local and national profes-

sionals together to acknowledge the years accomplish-

ments, review best cases, discuss new trends and celebrate

our unity. We chose October since it is National Diversity

Awareness Month. More specifically it is intended to:

ensure that our sponsors and attendees gain the knowl-

edge, tools, leadership skills, and extensive recognition for

their participation by:

Sharing best practices in achieving diversity in a

competitive market

Equipping employers with essential tools to attract,

promote, and retain a diverse workforce

Reevaluate the strengths of diversity through partici-pation in a number of interactive sessions

Visualize a common goal for the region through dia-

logue

Engage participants in stimulating discussions regard-

ing the impact of globalization on diversity

Added together the above spells SERVE, which is a key

ingredient found in all of the Council Members as well as

the other diversity professionals. To make Diversity Work!

you must have passion, commitment and compassion youmust be willing to SERVE.

Much of the above work could not have been done with-

out the support and encouragement of many people, too

many to list here. However, I want to make two special

acknowledgements, because if it were not for their support,

much of the above could not have been realized.

First, it is with a heavy heart that I acknowledge the loss of

Barbara E. Webb who passed in September. She was my right

hand and the rock of the Urban League. She was the founder

of our Annual Career Fair which remains the largest and best

attended event of its kind in the region. A 20-year Urban

Leaguer, Barbara epitomized the principals of which diversi-

ty is based upon honor, courage and commitment. One of

the most dedicated individuals I have ever met; she com-

manded the love and respect of all who contacted her. I will

truly miss her.

Second, I want to thank my mentor, advisor and friend,

Mr. Cecil H. Steppe: a true gentleman, patron, believer in

people and man of God who will be leaving the League as

President and CEO after six-plus years. I am truly proud to

have been given the opportunity to work with him and value

the lessons I have learned. During his tenure Ive had so

many epiphanies and ah-ha moments which changed me

forever. We shared many laughs, felt a lot of pain and accom-

plished much. He made many sacrifices for the community

and the League is a better place because of him and we owe

him a huge debt.

Finally, I am particularly proud of the great work in plan-

ning for the Summit by this year's Diversity Advisory

Council. Under the helm of Chair Person Sheron Maxwell,

the Summit planning process was handled pro-actively, effi-

ciently, and with much grace. Sherons support of the

Diversity Council has been invaluable and selfless. Pleaseknow the entire committee has put in many long hours plan-

ning, meeting, reviewing and preparing for what I believe

will be a great event. This is an excellent group of people

worthy of your continued support, admiration and respect.

We are also grateful to this year's title sponsor, Sempra

Energy, who has shown tremendous support for the Summit

and in the work of the Diversity Advisory Council.

Particularly I want to acknowledge Carolyn Hollins, a truly

elegant, articulate and honorable woman. She has one of the

sharpest minds Ive ever encountered and Ive learned a lotfrom her thank you Carolyn!

I wish you a great Summit.

Maurice Wilson, VP/Publisher

=


6/606 Diversity Summit Issue

P S P erkins

Welcome to the fall edition of Diversity Works!

Magazine. This special edition is dedicated to the

First Annual Diversity Summit, Best Practices inDiversity and Inclusion: Ensuring Success in the Global

Market sponsored by the Urban League of San Diego

County. As a member of the Urban League Diversity

Council, it has been a privilege to witness and participate in

the creative inception and incredible synergy of this impor-

tant conference! In addition, October is nationally recognized

as Diversity Month, so we are proud to present articles, part-

ners and visionaries dedicated to the mission of diversity

and inclusion throughout the global marketplace.

I recently participated in a Sand Ceremony at the wedding

of my brother Tony and his lovely wife, Tresa. They asked ifI would pen a few words to commemorate the ceremony. I

was honored but admitted that I had never heard of or seen

the Sand Ceremony. I decided to see what I could find on the

internet and I was surprised to find a variety of sources and

variations. The primary purpose of the practice is to high-

light the coming together of the couples lives and their two

families exemplified by the blending of the different colored

sand. The ceremony includes family members from both

sides blending the sand into a bottle. It culminates with the

married couple adding their sand to the same bot-

tle as a keep-sake for all times. It is a beautifulmessage of love, loyalty and commitment.

When thinking about my communiqu this

Diversity month, I was reminded of this ceremony

and its poignant message of unity and dedication.

I thought about the level of my commitment to the

principles I hold valuable. And I questioned our

country's commitment to the ideals of inclusion

and equality.

We hold these truths to be self-evident that

ALL men are created equal

I thought about the Jena 6 and the continuing legacy ofracism plaguing the next generation of our young. I thought

about burgeoning prison systems disproportionately filled

with black and brown people while comprising only 13 per-

cent of the U.S. population. I remembered the recent media

disgrace of Imus, Kramer and Isaiah Washington bringing to

the forefront just how far we have not come. I remembered

the refugee label assigned to the victims of Katrina in their

own homeland. I prayed for the families here and abroad

devastated by the Iraq war.

During the 21st century, we have moved into a global mar-

ketplace that requires we see through a global lens when doingbusiness, building relationships and leaving a healthier planet

for our children. Are we up to the challenge? How can we set

an example of inclusion for the world when our own backyard

is so plagued by problems of ethnocentrism and bigotry?

The 1st Annual Diversity Summit presents the Best in

Diversity Practices designed to move those dedicated few to

the frontline of solutions capable of bringing us all to the

table of ingenuity and decision-making. Like the blending of

the sands, unique in color and individuality but brilliantly

combined for the right mix of beauty, distinc-

tion and design - we must purposefullydesign institutions that are distinctive in their

ability to bring together the beauty of the

diversity that is uniquely this great land

called the UNITED States of America.

The Sands of Time

PS Perkins

from the editor-in-chiefs desk ..


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oses

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Companies are finding it harder and harder to fill critical jobs

these days. Without a consistent and diverse talent pool,

companies can fall short of their growth objectives. Thats

why diversity is a key part of Sempra Energys success formula.

With 14,000 employees worldwide, San Diego-based Sempra

Energy has been able to recruit, develop and retain top-notch talent.

As a result, the company has received national recognition for its

efforts from Fortune, BusinessWeek and DiversityInc. magazines.

To successfully compete on a global scale, we must be inclu-

sive, says Donald E. Felsinger, chairman and chief executive offi-

cer of Sempra Energy. Diversity is a core value at Sempra Energy

and it is reflected in our workforce, which includes over 50 percent

women and minorities, our supplier diversity program-continually

ranked as one of the best in the nation-and our Office of Diversity,

which is uncommon in most corporations.

Felsinger says that by having a dedication to diversity, the com-

pany is able to create a resource pool of creativity and skill that is

varied and unique in its abilities.

This makes Sempra Energy not only successful, but also a great

place to work, he said.

The Sempra Energy companies develop power and natural gas

infrastructure, operate regulated utilities and provide energy-related

products and services. By diversifying its businesses and seeking

long-term solutions to challenges, Sempra Energy demonstrates that

well-managed, responsible corporations can succeed, even in tough

business environments.

Sempra Energys Office of Corporate Diversity Affairs manages

workplace diversity at the company. This special department suc-

cessfully creates an environment in which employees of all races

and ethnic backgrounds are valued and can use their unique per-

spectives to contribute to the business goals of the company, Sempra

Energy officials said.

We go beyond diversity practices as they relate to age, race, sexu-

al orientation and gender, says Shawn Farrar, director of diversi-

ty affairs for Sempra Energy. Our employees innovative ideas,

Sempra Energy Takes Unique Focus On Diversity

Sempra Energy has been recognized with the following awards:

Fortune Magazines 2007 Americas Most Admired Companies list

The BusinesssWeek 50, ranking 21st on the magazines 2007 list of tperformers

DiversityInc magazine's 2007 Top 50 Companies for Diversity

ranking second in supplier diversity, and 29th for overall diversity

Council for Supplier Diversity's 2007 Corporation of the Year

Hispanic Business magazine's 2006 Top 50 Companies for Hispanic

ranking fifth

Disabled Veterans Business Enterprise Network's 2006 Corporati

of the Year

Minority Corporate Counsel Association's Employer of Choice,

Western Region

2006 Odyssey Award from the Asian Business Association for

supplier-diversity efforts to help develop and expand many Asian-own

businesses (Southern California Gas Co.)

California Public Utilities Commissioner Timothy Simon, California Utility Diversity Council Board Member Peter Ramirez and

Sempra Energy Executive Vice President Jessie Knight Jr. attend Sempra Energy's Diversity Champions luncheon

California Public Utilities Commissioner Timothy Simon (center) stands with some of the 140 Sempra Energy Employees

recognized for their outstanding efforts at the Diversity Champions luncheon.



31/60

creative problem-solving and enhanced productivity are the result of

our diverse workforce.

Supplier Diversity

Developing a network of suppliers to meet Sempra Energys high

standards also is an important part of the companys strategy. A

dedicated Diverse Business Enterprises Strategy Team enables the

company and its affiliates to use diverse suppliers who meet these

standards. The team conducts outreach programs and mentors

minority-, woman- and service-disabled-veteran-owned businesses,

helping Sempra Energy spark innovation and provide customers

with the best products and services at competitive prices.

As a corporate strategy, this has brought great benefits to Sempra

Energy companies. In 2006, almost one-quarter of total purchases

were made with women-, minority-, service disabled-, and veteran-

owned businesses - or a record $250 million in spending.

Sempra Energy annually honors its employees whose contribu-

tions are vital to helping the company achieve supplier- and employ-

ee-diversity goals. At this years event event, the company

announced enhanced diversity goals for the coming year.

The new plan sets a goal of 30 percent of annual procurement of

goods and services with diverse suppliers by 2015, substantially

exceeding the current requirement of 21.5 percent by the California

Public Utilities Commission (CPUC). Additionally, the company pro-poses to contribute 1 percent of their pretax operating income to char-

itable contributions, with 60 percent of those dollars invested in under-

served communities by 2011, and as much as 65 percent by 2015.

During the awards lunch, San Diego Gas & Electric (SDG&E)

and Southern California Gas Company, Sempra Energys two regu-

lated utilities, announced they will become the first California utili-

ties to donate $200,000 as seed money to fund the California Aspire

Achieve Lead Pipeline Project. The project is aimed at encouraging

children from underserved communities to seek careers in law, finan-

cial services and information technology. The project is focused on

closing the achievement gap among California students and prepar-

ing them for professional careers within the utility industry.

Our long-standing philosophy that our diverse suppliers mustprovide high-quality goods and services at competitive prices adds

great value to our business, says Debra L. Reed, president and

chief executive officer of Southern California Gas Co. and SDG&E.

With the support and dedication from employees at every level of

the company, weve been successful in expanding supplier diversi-

ty in many areas, including traditionally challenging areas such as

construction services, legal and professional services.

CPUC Commissioner Timothy Simon attended the Diversity

Champions awards and congratulated Sempra Energy for its efforts.

Sempra Energy and its utilities, SDG&E and SoCalGas, are

leaders in the area of diversity and serve as a model for other utili-

ties in California and across the U.S, said Simon.

Jessie Knight Jr., executive vice president of external affairs forSempra Energy, also spoke during the event and congratulated the

group.

We believe that having employees and suppliers that reflect the

communities we serve is not only the right thing to do, but its a

smart business strategy that makes us a stronger competitor and

more in tune with our customers, said Knight.

Sempra Energy in the Community:

Sempra Energy also is a major supporter of the Urban League

among other organizations. Knight will be the opening speaker at

the first Urban League of San Diego County Diversity Summit in

San Diego, of which Sempra Energy is the title sponsor. The com-

pany is also hosting a reception immediately following the close of

the event on October 12 at Market Creek Plaza, located in the

Diamond District area of San Diego at the corner of Market and

Euclid avenues.

This is an exciting event to be a part of, said Knight. Those

that attend this two-day conference will receive important informa-

tion about diversity in todays global market.

Sempra Energy is committed to supporting the communities

where it does business. The company recently awarded 13 students

from Baja California scholarships to San Diego State Universitys

International Business Leadership Program. With projects in Baja

California, Sempra Energy saw this innovative program as a way to

support and possibly recruit Baja Californias future business lead-

ers as they pursue business opportunities in their local communities

Employees are encouraged to give back to the communities

where they work and live through personal contributions and volun-

teer hours. Because the company makes giving back a priority they

have been able to attract, develop and retain some of the best peo-

ple in the energy industry.

The company actively supports its employees involvement in the

community through a variety of programs. Through the 2006

Matching Gifts program, the company matched employee contribu-

tions to nearly 400 organizations. Through their Volunteer Incentiveprogram, nearly 1,000 employees generously contributed their time

to more than 500 charities.

Sempra Energys own Energy for Life program encourages

employees to live safe and healthy lifestyles by educating them with

at-work health and wellness programs that motivate them to make

positive behavior changes and focus on disease and injury preven-

tion. The company also offers professional development classes

that teach a foreign language or encourage employees to pursue

career-development skills.

Sempra Energy employees created a non-profit giving program

called Energy for Others. It is run by employees and is designed

to provide an opportunity through which employees can donate to

charitable organizations. The Energy for Others program empow-ers employees to get involved and take leadership positions within

this organization, and other organizations where they are committed

to making a difference.

For more information on Sempra Energy visit www.sempra.com.

About Sempra Energy Companies:

Sempra Energy is the parent company of the following six companies.

San Diego Gas & Electric is a public utility supplying natural gas and ele

tric service to the San Diego region since 1881 and serves over 3 million cu

tomers from Orange County to the Mexican border.

Southern California Gas Co has delivered clean, safe and reliable natural g

to its customers for nearly 140 years. It's the nation's largest natural gas d

tribution utility service close to 20 million customers.

Sempra Generation develops, owns and operates power plants serving whosale electricity markets in North America. These natural gas-powered pla

are among the cleanest and most advanced in the western United States. T

company also develops renewable-energy-generation projects.

Sempra LNG develops, builds and operates liquefied natural gas receivi

terminals in North America. The company's two receipt terminals under co

struction and one in development will have the capacity to process a total

5.5 billion cubic feet per day of natural gas.

Sempra Pipelines & Storage acquires, builds and operates natural g

pipelines and storage facilities in Latin America and the United States. T

company and its affiliates operate and/or own 500 miles of pipelines.

Sempra Commodities is a marketing and trading company with financial ri

management expertise that serves customers in natural gas, power, petroleu

base metals and other energy products.

DiversityWorks! 31


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What Kind ofDiversity

Training ReallyWorks?

By Gregg Ward, CMC



There are all kinds of diversity training methods out there:

lectures, slideshows, videos, interactive games, online

learning, role-play, group hugs, you name it. So how the

heck do you know which ones are any good and which ones will

be right for your company?

You could rely on the recommendations of professional organ-

izations like SHRM (the Society of Human Resource

Management) or big money diversity consulting/training organi-

zations. But I would argue that they will strongly recommend

their own in-house programs, rather than what will really make a

difference in your companys training room. (A quick disclaimer -

I too am biased because Im a trainer who specializes in using live,

professional theater as a diversity training tool. Im convinced

this methodology is the most powerful and effective methodology

available - bar none.)

But, if we were to set some standards for corporate diversity

training, what would they be? Here are Ten Expectations of a

Good Diversity Training Program:

1. The Business Case: Any good diversity training program has

got to make the business case for why diversity is good for

the company. There are plenty of programs out there that talk

about diversity from the moral and politically correct point of

view; far fewer make a solid business case for how diversity is

directly linked to the bottom line.

2. Diversity Defined Broadly: If a diversity training program is

still focusing on race and gender differences - although these

are very important - then it is out of date. Diversity includes all

kinds of uniqueness and differences, not just race and gender.

3. Powerful Impact: The program must touch the participant in a

deep way. Diversity is a highly loaded topic and people

come to it with all sorts of biases and pre-conceptions. A

good diversity program will challenge participants assump-

tions and biases and cause them to be introspective. The way

to do this is to get through someones intellect and into their

heart, where they really live. If you can touch them there, you

can generate a dialogue which can be extremely powerful.

4. Blame Free: The program must not blame straight white men for

all the evils of the world. White guys walk into diversity train-

ing ready to be attacked and may be very defensive. A gooddiversity program will put diversity into perspective and help

them see that they are not the enemy and that they too are just

as diverse and play a role in valuing and leveraging diversity.

5. Occasionally Humorous: Obviously, diversity is a serious,

loaded subject. Some diversity programs - especially those

relating to affirmative action and quotas, etc - can be so seri-

ous and suffocating the participants just shut down and tune

out. A good facilitator/trainer will be able to use humor to

lighten the mood occasionally and do it so that no one i

offended.

6. Realistic. Everyone hates a training program that is divorce

from reality; like the diversity program that avoids any dis

cussion of the likelihood that 95 percent of the members o

the Board of Directors of your company are straight, whit

males. You cant do diversity training without stating wha

is so in your organization. If you try, people will dismiss

as irrelevant and a waste of time and money. If leadershi

doesnt want you to talk about certain touchy subjects i

your diversity training; you might as well just cancel the train

ing and save your money.

7. Sparks An Ongoing Dialogue. Diversity training is not an en

unto itself, a box to be checked off once its done. Instead,

should be a beginning of a powerful internal dialogue withi

your company and lead everyone toward new perspectives

actions and initiatives. I believe the study and practice o

diversity management goes on throughout ones life an

career - it never ends.8. Suits the Audience and Raises the Bar. A diversity trainin

program for a seasoned group of HR professionals shoul

look and feel radically different than one for line employee

in a warehouse. The program should not be dumbed down

but instead should lift its audience up to new levels of aware

ness about the issue.

9. Engages the Audience. We are all saturated with images from

the TV every day. Any diversity program of value will con

sist of more than a lecture by an expert. It will be engagin

on many levels of learning; it will be interactive, allowing th

audience to participate, ask questions, engage in activities an

discussion; it will leave room for dissent and debate.

10. Leaves You In A Different Place. Perhaps most important

ly, when they come out of a diversity program, your audienc

should be in a different place in terms of attitude and under

standing of diversity. If not, youve wasted your time an

money.

Gregg Ward, CMC is the acknowl-

edged national expert in the use of

live, professional theater, interactivefacilitation and experiential learning

as diversity training tools. His clients

include Bristol-Myers Squibb, Kraft

Foods and Qualcomm. He is also the

author of the best-selling business

bookBad Behavior, People Problems

& Sticky Situations: a toolbook for

managers.



During the interview process, it is important that you, the

prospective employee, impress your interviewer. It is

important that you answer questions and exude

confidence. Sometimes as we are being interviewed, we fail to

realize that we get a chance to ask questions of the company.

Especially, as it relates to diversity.

When its your turn, you can indicate how important diversity

is to you. What percentage of women and people of color make up

the company? Of that percentage, how many are in middle and

upper management? What is the company policy, as it relates to rec-

ognizing and celebrating cultural differences? What community

ties does the company maintain?

These are legitimate questions that can be asked and are not out

of line. It is especially germane when the company is projecting

the image of celebrating and appreciating diversity. So, dont be

shy, ask the question(s).

As a potential employee of a company, it seems as if the onus

as it relates to diversity is always on you the new employee. They

expect you to conduct yourself in a manner that is free of any

racial or sexual harassment. They give you a handbook clearly

spelling out the companys position and in many instances has a

mission statement as it relates to diversity.

During the interview process, they ask you all kinds of ques-

tions as it relates to your education, experience, and what moti-

vates you. They seldom ask you about issues of diversity. They

seldom ask about your experiences as it relates to diversity. There is

an automatic assumption that youre on board. Perhaps you

chaired a committee on diversity or are experienced in conducting

workshops/seminars. That is valuable information.

Given how important diversity is in the Global Marketplace,

should they not be asked to convince you of how committed they

are to diversity? How many plaques or certificates are on the

walls? What kind of art work is displayed in the halls and rooms?

Do you ever hear different languages being spoken? How diverse

is the office that you will be working in? How many racial and

sexual harassment cases have been filed and litigated? How many

workshops have been conducted in the past twelve months

addressing diversity issues?

These are tough, intense questions, but dont forget you are

being asked tough questions. Your answers will greatly influence

the decision to hire you. Remember you can also make a choice as

to whether or not this is a company that you want to work for.

Dennard Clendenin, Dennard Clendenin & Associates

Dennard Clendenin

has been a diversity

consultant for over

two decades. His

client list includes,

Disney World,

McDonalds, Sears,

the national Security

Agency, and many

educational institu-

tions, non profit, and

public entities across

the United States.

Diversity Me, Diversity YouDennard Clendenin, Dennard Clendenin & Associates


37/60



Weve heard it from the mouths of our own children,

Youre such a retard! Thats so lame! Are you deaf,

or what? All these expressions formed in a past

when people with disabilities were viewed as objects of pity, void

of any value. However, even in a transforming society, we stillhear these phrases spoken without any understanding of the origin

or the devastating impact of perpetuating these images in our

modern culture.

Weve come a long way with diversity education. Ask any third

grader about Dr. Martin Luther King, Jr. or Cesar Chavez and you

will probably get the complete story behind each mans sacrifice

and impact on our society. Beginning in elementary school, our

students learn about the many nationalities, religions, and cultures

that make up our countrys patchwork quilt. They learn the history

of how each one has contributed to this countrys experience, this

countrys development as a uniquely unified entity. They under-

stand the immorality of slavery and racism as well as many forms

of discrimination. Yet we have neglected to educate our children

about the largest minority group in the United States: People who

experience disability.

Who was Ed Roberts? He was a man who, due to discrimination

based on his physical disabilities, had to fight to receive a public

education. He ultimately became Californias Director of the

Department of Rehabilitation, and he is now hailed as the Father

of Disability Rights. Who is I. King Jordan? He was the first Deaf

president of Gallaudet University, a university for Deaf people.

Until a widely publicized student protest brought Jordan to thepresidency, Gallaudet had been led exclusively by hearing presi-

dents for over one hundred years. These individuals compare to the

countless heroes who

created an apprecia-

tion for diversity

among Americans.

They represent a civil

rights movement long

ignored by main-

stream historians.

Students not only

need to know about

these men and many

other disabled

American heroes, but

they also need to get

to know the people

Is Diversity Education Diverse Enough?

Diana Pastora Carson, M.Ed.,Ability Awareness in Action



they see each day who experience disability. Why?

Disability isnt what happens when someone is born with legs

that dont walk, or a brain that functions differently than most, or

ears that dont hear. Disability happens when a persons communi-

ty does not allow for equal opportunities. For instance, a person

who uses a wheelchair is not disabled by the need to use a wheel-

chair. However, they become disabled by obstacles in the commu-

nity such as curbs, steps, heavy doors, narrow aisles in department

stores, and inaccessible parking and restrooms, to name a few. A

person with an intellectual or psychiatric disability may not neces-

sarily be disabled by their minds abilities as much as they are dis-

abled by inadequate and non-dignifying educational and vocational

opportunities, educational and social segregation, and other attitudi-

nal barriers to life quality. A person who is Deaf isnt necessarily

disabled by his or her deafness. However, a person who is Deaf

becomes disabled when there is no closed captioning provided on

television, no assistive technology to allow access for telephone

use, or when others in their community havent learned to value andspeak their language. And of course, disabling occurs when insen-

sitive language and dehumanizing stereotypes are perpetuated in the

media and in general. Disability is a result of societal ignorance,

attitudes and discrimination.

Children need to understand that their attitudes, their words,

and their actions can either make a positive difference or a nega-

tive difference in the lives of their neighbors who experience dis-

ability. We need to learn that it is okay to be different and that

there are many different ways to be different. All of those differ-

ences are worthy of respect and appreciation.

By educating children about disability from a perspective of

diversity appreciation, we powerfully replace the inherited atti-

tudes of fear and pity which have been reinforced by the media.

By regularly exposing children to dignifying encounters with

classmates and community members who experience disability

they become more connected members of society and actively

promote ability appreciation themselves. Not only does this con-

sciousness bring about empowerment for today, but also for a

future when many of us will join the most inclusive of all minor-

ity groups: People who experience disability.

Given our current culture, it is wise to proactively include abil-

ity awareness as a component of diversity education, both for chil-

dren and for adults. If we want our children to grow up and be

enlightened citizens who appreciate their connections to their

diverse communities, then we must teach them to appreciate the

experiences of others. If we, as adults, want to make a differencefor today, then we must expand our definition of diversity to

include not only the physical, intellectual, psychiatric, and senso-

ry differences of our fellow humans, but also to include the histor-

ical and current cultural experiences of people who have disabili-

ties. We then, can pass this awareness on to our children and our

communities. It is when we begin to understand our role in dis-

abling others that we can truly begin to empower us all.

Beginning in elementary school, our students learnabout the many nationalities, religions, and cultures that

make up our country's patchwork quilt.


40/60

Your organization has decided to have a cultural audit con-

ducted. However, as you begin to talk with vendors, you

learn that the term cultural audit has vastly different

meanings for different people. Where one vendor offers to

administer an off-the-shelf employee survey, another tells you that

only a customized survey should be used. Still another says a sur-

vey alone is insufficient. They insist that it be supplemented by

focus groups and other activities.You also learn that the cost of having a cultural audit conducted

can range from tens of thousands of dollars to several hundred

thousand dollars. With such great variance in services and cost, it

is difficult to determine what process would be best for your organ-

ization.

To make the decision making process easier, organizations

should: 1) develop a clear understanding of the differences

between the various cultural audit processes; 2) develop clear

objectives for their audit; and 3) match their objectives to the

appropriate cultural audit process.

Different Objectives Require Different Processes

Cultural audits can be divided into three levels: employee satisfac-

tion surveys, general cultural audits and detailed cultural audits.

Level 1 - Employee Satisfaction Survey

An employee satisfaction survey is the most basic of the

cultural audit processes. It entails administering a standard or

customized survey to the employees of the organization.

Depending on the process employed, it may be administered

to all employees, a randomly selected group of employees or

a self-selected group. Surveys range in cost from $15K to

$45K.

The employee survey is a process that takes the "temperature"

or "pulse" of the organization. Surveys are used to develop

an understanding of employee attitudes and perceptions about

the organization. Also, they are useful tools to gauge employ-

ee reactions to recent changes in the organization or its busi-ness.

The survey has several advantages over other audit process-

es. First, it is generally the least expensive way to assess an

organization. Second, it can engage every employee in the

assessment process -- thus increasing awareness and buy-in.

Third, the length of time required to complete a survey (from

survey administration to reporting results) can be as short as

a few months. Finally, the survey is a great benchmarking

tool. It provides a "snapshot" of the organization that can be

compared to future snapshots taken at designated intervals.

The survey process also has its limitations. Survey instru-

ments are designed to assess a fixed set of issues. However

there may be other issues impacting employees in an organi-

zation that are not included on the survey instrument and thus

may go undetected. Also, the survey can identify employee

perceptions about the organization but, does not allow the

organization to inquire about why groups hold fast to those

perceptions.

Cultural Audits... Which Process Is

Right For Your Organization?William G. Shackelford



41/60

Level 2 - General Cultural AuditThe general cultural audit addresses many of the shortcom-

ings of the employee survey process by combining the survey

with: 1) a review of organizational policies, procedures,

workforce studies, and organizational demographics; and 2)

focus groups that explore the perceptions identified by the

survey.

In a general cultural audit, discussions are held during the sur-

vey design and/or customization phase to identify the major

demographic groups within the organization (e.g., race, gen-

der, age, job classification/function) that may have differing

perceptions of the issues explored through the audit. This

demographic data is collected when the employees complete

the survey. Then, the survey data is analyzed by demograph-

ic group -- thus making it possible to measure differences in

perceptions between groups.

After the survey data is collected and analyzed, focus groups

are conducted for each of the major demographic groups.

Differences in perceptions are explored through a series of

carefully developed questions. Factors contributing to the

perceptions are identified and documented. All of the data

collected during the various steps of the cultural audit are ana-lyzed together to develop findings and recommendations for

the final report.

The general cultural audit provides a more detailed analysis

of the organization than the employee survey process.

However, it also requires more commitment (time and

money) by the organization. The typical general cultural

audit takes about 6-12 months to complete at costs ranging

from $50K to $150K.

Level 3 - Detailed Cultural Audit

The detailed cultural audit is the most comprehensive of the

audit processes. It includes all of the activities contained in

the general cultural audit plus, a much more in-depth assess-

ment of the policies, procedures, workplace demographics,

management practices, and culture of the organization.

A detailed cultural audit is generally conducted in response to

pressing legal questions about employee issues in the work-

place. For example, it may be conducted:

To gather data to defend the organization against a

discrimination or bias lawsuit; To document fair and equitable treatment of all employees --

especially in a union or merit employment environment; or

During a merger or major re-organization to provide the data

required to properly restructure the organization.

The detailed cultural audit team generally includes experienced

labor relations lawyers or senior human resources managers

with expertise in assessing employee-related policies, proce-

dures and systems of complex organizations. Because of the

unique expertise required of the team and the depth of the

review, the detailed cultural audit is time consuming and fairly

expensive. The typical detailed audit takes 12 months or more

to complete -- at costs ranging from $150K to $500K or more.

Selecting the Right Process

When selecting between the employee satisfaction survey, gener-

al cultural audit and the detailed cultural audit, organizations

should choose the process that provides the depth of data required

to address the objectives of their audit. Therefore, the most obvi-

ous first step in selecting a process is to develop clear objectives.

When the objectives are clear, the right process to achieve the

objectives usually becomes clear as well. When developing the

objectives, make sure there is broad input from key stakeholders

in the organization. Most organizations report that more involve-ment up front leads to more buy-in at the end

Conclusion

The cultural audit is a very powerful tool in the battle to create an

organizational culture that serves all employees fairly. If it has

been more than a year since your organization conducted its last

audit, its time to start planning the next audit.

About the Author

Mr. William G. Shackelford is

president of IEC Enterprises,

Inc., a multicultural human

resources consulting and

training firm located in

Decatur, Georgia. For more

information on this topic, Mr.

Shackelford can be reached at

wshackelford@iecenterpris-

es.com or at his web site

www.iecenterprises.com.

Cultural audits can be divided into three levels:employee satisfaction surveys, general cultural audits

and detailed cultural audits.

DiversityWorks! 41


42/60

Problem: RADICAL SOCIAL SHIFT BACKWARDS!

When will we start practicing what we speak? Men andwomen talk about equity, wanting to be partners with equal

power, but what we do is consistently perpetuate stereotypes

about one another without even knowing we are doing so. I call

this "collusion of confusion" i.e. men and women unknowingly

perpetuating stereotypes, without malice/without intent just sim-

ple unconsciousness.

Women and Men have both believed that if we give people

enough education then everything will be OK and we can all live

in harmony and peace with greater understanding and respect.

not truein fact it is getting worse and if we dont consciously

change what is coming out of our mouths and landing in print and

in the air waves, there will never be equity/harmony/respect in the

USA culture for all people (men and women). It is pretty scary

because there is a radical shift backwards---look at the tremen-

dous increase in numbers of sexual harassment from kindergarten

to old age, continuous use in the media of masculine terminology,

women moving into positions of authority and power and going

along, physical abuse and the need for more shelters for abused

women.

Solution: Begin to talk our walk.by changing our language

to match the culture we desiremedia pay attentionreaders

help them pay attentionmen and women pay attentionmedia

help them pay attention. It is quite amazingwhen I founded the

National Association of Gender Diversity Training 13 years ago to

help improve issues around gender in the workplace, I calledtogether several people that were interested in being on the com-

pany advisory committee. The committee was comprised of peo-

ple that were extremely interested in furthering equity for all men

and women in the workplace.

One member of the committee was an articulate business

woman and college professor, well educated, etc. and also wife of

a medical doctor. The committee met several times and worked on

formulating the objectives and goals of the Association. On this

special day, we were having a meeting to wrap up our plans, and

this woman announced that she had invited her husband to attend

to just observe and share his perspective. I was delighted because

it was my objective to get more men involved - we had only one

man on our committee at that time. So, here we are meeting, talk-ing, planning, generating ideas, etc. and in walks the husband (30

minutes late). The change in the wife was astounding; she imme-

diately stopped her own dialogue turned to him and introduced

him as DOCTOR. We were all talking on first name basis before

he arrived, no titles, even though several of us had doctorate

degrees. We lost the woman; she had zoned out. She turned her

entire body towards him and away from the rest of the committee

asked him questions and never went back to her original proposal

that she was in the midst of presenting before he walked in and

she kept calling him Doctor! In your next workplace meetings,

watch how many times women and some men will immediately

give power over to the men in the group without them even ask-

ing for it.

Here is another backward movement. Two weeks ago, I had a

business lunch meeting at a restaurant that caters to the 20 to 40

age group. On each table they place cards with quotes from

whomever. The one by my plate was:

"A woman in love will do almost anything for a man, except

give up the desire to improve him" Nathaniel Brandon

In this case it was the restaurant management perpetuating stereo-

types. Who owns this restaurant I wondered? Whether a man or a

woman, it doesnt matter. It is perpetuating stereotypes.

Heres another example: There was an Arizona Republic article

about a well-known legislator in Arizona for 46 years, Polly

Rosenbaum. She is 102, sharp, outspoken, and knows her stuffThe article about her was fascinating and written in a question

answer approach. As I said, it was great until the question," What

can people learn from history?" Her answer was, "Theres an old

saying Wise men who refuse to take part in government suffer the

penalty of living under unwise men. I think the one-man; one-

vote ruling took away politics from the people." She referred to

men and not to women, perpetuating male as the term for all peo-

ple. What can I say?

A female minister drawing an analogy as to how we all need

to take turns heading committees, used the analogy of geese fly-

ing in a "V" formation and how the goose at the head creates a

Collusion of Confusion: Men and WomenUnknowingly Perpetuating Stereotypes


??


43/60

draft so the other geese do not have to exert so much energy.

Every now and then, the head goose changed positions and moved

back into the "V" to rest and be carried along. It was a great anal-

ogy but she lost me because all of the geese were he the head

goose he. the other goose, he moved up. are all geese he? I

thought you had to have him and her to make little geese! I could

be wrong.

There are hundreds of examples every day in media of all kinds

- magazines, newspapers, TV, radio, etc. that continue to refer tothe world and to who is making decisions as He, in text and pic-

tures. Did you know women play golf? You would not know that

if you were to only look at the ads for golf equipment and cours-

es; all you see are men and boys. How about baseball ads? Same

story. President Bush declared to win the war on terrorism we

need more man power. Excuse me; lots of women are out there

too. Are women manpower? Not in my book! They are people

with power.

In a recent report on the fires up north in Showlow, Arizona, the

fire fighters were referred to as firemen. There were women fire

fighters as well. My Microsoft spell check tells me firemen is

wrong; this is a beginning. It says to use firefightersthank you

Bill Gates!

Does it matter? Yes, it does matter; because what we say cre-

ates pictures in the mind and those pictures create our

culturethe culture does not create the pictures. Until we change

the language, gender equity (I did not say equality, I said equity)

will never occur. We are just kidding ourselves if we think this is

getting better There is more sexual harassment in the workplace,

spousal abuse (mainly women), more sexual harassment in grade

school from kindergarten up than we have ever seen. Why?

Because we talk one story and perpetuate another story. We need

to get our mouths in alignment with the beliefs in our heads.

Look what we did with hurricanes. For years all hurricanes

were named feminine names generally associated with women

then there was an up-roar great enough that a conscious change

was made. Now we have male and female hurricanestrue equi-

ty for all.

Simple solution to this problem:

1. Make a conscious effort in your own speech to use words

inclusive of both women and men and quit using pronouns

when it is not necessarythe goose moved up in line not the

goose he/she moved up in line

2. Media pay attentionwhen you edit become conscious of

what picture you are creatingremembering that language

creates culture!

Language Creates Cultures

Cultures do not create Language -

Change the languageChange the

culture.

Leslie Jenness

President & Founder,

National Gender Institute

www.gendertraining.com

[email protected]



To help me frame my perhaps unique approach as a whiteman

who is engaged in diversity executive coaching of leaders,

more than 80 percent of whom have been white men, here

are four actual experiences and some relevant lessons I've picked up

in the vineyards of Diversity consulting and coaching:

1. More than 10 years ago, when I was riding up the company

elevator with my business client's white male executive spon-

sor of my upcoming Diversity Leadership program, another

white man who was his close associate, got on before our stop

to the boardroom, and not realizing that I was the facilitator of

the program, he was about to attend, confided to his friend, "I

can't believe that with our heavy load of really important busi-ness priorities, we are about to waste our valuable time on this

P.C. junk!" My host's awkward and unsuccessful attempts to

subtly alert his friend to my true identity were thankfully inter-

rupted by our arrival at the 10th floor. (You can imagine how

shocked the man was a few minutes later when he saw me

walk into the boardroom and be introduced as the leader for

that day's program!)

2. A day after I completed some quite positive diversity consulting

work with leaders of a west coast biotech firm, I prepared for

the start of my day-long diversity training workshop for the

company's sales leaders. The Senior VP of HR met with me just

before the program was set to begin and confided, "David," he

hesitated, "some of us were concerned about how resistant oursales folks would be to having to sit in on a program with the

word 'diversity' in it, so we took the liberty of changing the

wording of the workbook's title page of your workbook from

'diversity skills' to 'objectivity skills." When I had completed

that day's session, a number of the predominantly white male

participants asked me why the front page did not have the word

"diversity" in it although the other pages had headers with the

original title. "I bet they (HR) thought we'd get all upset if you

titled it for what it was. What are we, children?"

3. I was brought in to coach a general manager of a chain of

stores. After I met with her to listen, learn, guide and then

mutually agree on a coaching strategy, I returned to my hotel

with a message to call back the executive who had originallycomplained about this manager's performance and attitude.

"Look David," he firmly stated, "I don't give this coaching

thing with her any real shot at success, but I guess we ought

to try it and see." I probed him a bit about his perception and

some of the issues that needed to be dealt with, and he fin-

ished by saying, "I bet 80-20 this won't work, but give it your

best shot." I then heard myself say to him, "Mr. , if you want

me to coach her and support positive change in her perform-

ance, I cannot do that until you are ready to say to me that IF

she does develop and demonstrate the kind of change that you

just described you have little hope in seeing, you will be open-

minded and honest enough to recognize that change and support

her success. If you cannot make that commitment to be support-

ive, then you are wasting your money, deceiving her, and poten-

tially causing greater performance problems down the road with

whoever might replace her."

4. A New York City-based manufacturing company executive

who accompanied me to South Carolina, warned me that my

diversity program in that plant would be much more difficult

than those I've conducted for corporate headquarters in the

northeast area of the country. "You know, you've got to be

careful here. You see that big old foreman over there," as he

subtly pointed to a burly white man in his late 50's. He's a

good example of the problems you're gonna find here - Angryabout having to be here probably a bad educationstuck in

his waysyou know, raised in the sticks of South Carolina

with all the racism that goes along with that, and get this his

name is actually Bubba!

During the 2nd day of that program Bubba spoke up. Some of the

other supervisors seemed nervous - as though he would somehow

make some "politically incorrect" remarks. "When I was a young

kid around here," he started, "many of us white kids were friends

with some Black kids until our folks decided we were getting too

chummy and tried to separate us. Well, me and this colored kid, I

mean Black kid Jack, were real good friends and loved to go fish-

ing and hiking together. I guess we were around 10 years old whenhe and I set out for the nearby quarry to find some cool rocks. As

the day was getting on, we started to pack up our stuff before it

got dark, and Jack said he'd be right back after he collected just a

few more of those special stones he loved to collect. In but a few

seconds I heard a scream, looked up, and just caught a glimpse of

Jack as he fell and hit the bottom of the quarry. I ran to him - he

was gasping for air, mumbling and crying. I said, 'Don't worry

Jack, you'll be OK I'll take care of you and you'll get patched

up as good as new.' I picked him up in my arms and carried him

I guess he was in and out of being conscious to the nearby hos-

pital. As I carried him inside to the emergency room they stopped

me and said that they don't take none of "them" here you

know they used the 'N' word. They told me to take him to the'N' hospital just a few miles down the road. They helped lift Jack

back into my arms as he continued to groan, and I was sent back

down the road with me again carrying Jack as I kept trying to calm

him. My arms were almost numb by the time I got him to the

"Black Hospital," and when the nurses took him from me, they

looked at me and said, 'He's gone, son. He must've died in your

arms on the way here'."

Yes - Some white men are and have been scared, resistant or

uncomfortable about diversity, not unlike my elevator friends

Some well meaning leaders and colleagues think that white men

Coaching White Male Leaders asDiversity & Inclusion Champions

By David Tulin, Principal Global Lead Management Consulting

Continued on p. 54


45/60

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46/60

N

onverbal Communication within the corporate culture is

often overlooked and/or undervalued in its impact upon the

health of the organization. Communication Practitioners

often cite that Nonverbal Communication accounts for as much as

93 percent of an individuals believability. This 93

percent can be broken down into 55 percent visual and 38 percent

vocal (not to be confused with verbal). In other words, the old

saying actions speak louder than words is just as true today as

when it was coined centuries ago. Lets take a closer look at the

impact this area of communication has on the organizational culture.

What is Nonverbal Communication? As a Communication

Practitioner, I define nonverbal communication as the unspoken

messages transmitted and received that we are aware of and those

we are not aware of. Yes, there are times we intentionally trans-mit messages such as when we dress for a certain occasion and

there are times when we are not aware of messages we send as

when we exhibit a nervous body tic like fidgeting. Often times

when we think of Nonverbal Communication (NVC), we immedi-

ately focus on body language or facial expressions. And whereas

NVC does include these elements, they are only a small part of a

vast area of behavioral study. One of the first things we must be

aware of is that NVC is culturally bound. This means that as

language symbols differ from culture to culture, so do nonverbal

symbols differ from culture to culture.

Our NVC language is often the biggest cultural barrier. As a

result, even though the corporate environment may include work-

ers that attempt to speak the same verbal language, many are def-

initely not speaking the same nonverbal language. As many

diverse cultures attempt to acculturate to the Eurocentric language

patterns of the organization, they DO NOT acculturate to the non-

verbal language patterns of the organization UNLESS advised or

forced to do so. Often this coercion takes place as a result of some

infringement that can no longer be tolerated by the dominant cul-

ture co-workers. I bring up the dominant culture here because it is

the entity that determines what the acceptable patterns of NVC

within the organization are just as it does the verbal patterns of the

organization.Now lets take a look at some of the areas of NVC that affect

the organizational communication environment. The following

NVC issues often create a substantial amount of miscommunica-

tion and misunderstanding between cultures. NVC includes are-

nas such as: silence, appearance, space, time, touching, gestures

facial expressions, smell, paralanguage and rituals. These arenas

of NVC communication greatly impact issues of negotiation, con-

flict, boss/worker expectation, deadlines, promotion and EVERY

area of organizational progress. So in other words, the culturally

Did You HearWhat I think I

Said? ...The Impact of Nonverbal Communication on Corporate Diversity

P.S. Perkins, Founder & CEO, Human Communication Institute, LLC



47/60

bound nonverbal communication of each employee is added to the

mix of all organizational interaction. An individual may think they

are saying or transmitting one message and the message is being

received by the listener in a totally different way. Or they may not

be trying to transmit any specific message but their nonverbal man-

ner is being interpreted in a certain way that impacts the co-worker

relationship and context. Just think about how much miscommuni-

cation exists between people of the same culture, then add to the

mix differing world views and NVC patterns of communicating.

Yes, it is a lot to absorb into the organzational culture!

Lets examine a few NVC arenas in an effort to understand just

how great its impact is on the organizational setting. First, we will

examine paralanguage. Paralanguage can be defined as how you

say what you say; the noise surrounding your words. It includes

variables such as tone, pacing, accent, dialect, emphasis, stress

and so on. These tend to be regional and ethnic markers identify-

ing where a person is raised. However, many cultures have tran-

scended these basic areas of identity to include measurements

such as: class, education, intelligence and viability. Yes, we often

label people by how they sound. An example of this might be

how the Southern accent often carries with it a stereotype of

slow or dim witted. We see this

in the television spoofs such as

the Dukes of Hazard, Hee Haw,

and other caricatures of Southern

identity. We never tend to hear

southern accents on National

News Broadcasts. We generally

must tune into the BBC to hear

any accent other than the GeneralAmerican accent. Understand

how different this must be for

individuals that live in much more

globally aware countries.

Some individuals immediately

distinguish between Black and

White culture vocal patterns when

determining an individuals worth

to the situation. I have an acquain-

tance who is an African American

female professional that recently

experienced a very traumatic dis-

missal from a post she held for

well over eight years in spite of

glowing appraisals and awards

she received during her tenure.

She shared with me and others

who were surprised by her situa-

tion, that several of her European

American colleagues stated that

she scared them with what they deemed abrasive communica-

tion patterns. They particularly cited her vocal aggression and

excessive use of gestures during communication exchange. There

were of course other variables used to substantiate her dismissal but

the aforementioned factors were included in the determination.

It is a substantiated fact that African Americans tend to be more

nonverbally expressive in their paralanguage and kinesics (body lan-

guage). It is interesting how this issue surfaces in many areas of col-

lective behavior such as sports and politics. Just think of how many

rules and regulations are mandated by the NBA and NFL in their

attempt to curtail what is often considered inappropriate behavior

or apparel based mainly on the cultural contributions of African

Americans. Notice the attention given to political activist Al

Sharptons manner of speaking and cultural hairstyle. Remember

how Howard Dean lost the Democratic presidential nomination

when he was caught acting un-presidential while on the campaign

trail? This is only one variable of NVC import impacting the work-

place; just think of the infusion of multiple variables.

We experience this same phenomenon when distinguishing male

and female voices and the fact that male voices and their speaking

patterns are most often equated with power and dominance. So who

DiversityWorks! 47



is more likely to be promoted and given positions of authority?

Time or chronemics is another NVC arena that impacts the

organizational culture. Think about the vast amount of attention

paid to meetings, deadlines, schedules, and other mandates of

worker time and bottom-line results. Remember that NVC is cul-

turally bound. U.S. American culture is extremely time conscious.

We are futuristic in our focus on time and consistently looking to

the future as a measurement of security and attainment. Thisdrives our economy and our global relationships. We expect the

world to adhere to and follow our rush towards technological and

scientific achievement. Everything and I mean EVERYTHING is

done according to a schedule, the clock. We punish individuals

who do not adhere to the perceived prescription of time. When we

travel and do business, we often find it hard to deal with the slow

pace at which negotiations take place or the lack of punctuality

exhibited by others not on our schedule. We can look at structured

time in two ways: activity driven (monochronic) and relationship

driven (polychronic). This is a very basic way to explain a com-

plex social behavior. The United States and most of the technolog-

ically developed countries operate on monochronic time.

Everything is based on the importance of the activity. The meet-

ing starts promptly at ___. The deadline is hard and fast. We live

our lives by the clock. As a result, we experience a highly stressed

culture. Many of our dis-eases are the result of stress bought on by

mandates on our time. Cultures that are polychronic tend to base

their lives on harmony of relationships and to nature as witnessed

in Native American cultures. We travel south of the border or to

Spain and experience a siesta in the middle of the working day.

We visit the Caribbean and are encouraged to slow down - no

problem man.

I remember growing up and being aware of the cultural mark-er of CP Time - Colored Peoples Time. As I became knowledge-

able about time as a NVC code, this cultural assignment began

to take shape. After slavery, people of African descent in the U.S.

became the victims of negative caricatures and stereotypes. One

of these caricatures was Step & Fetchit. These distortions were

built on the stereotype that Black people were slow and lazy.

They required consistent oversight in order to get things done in a

timely and proficient manner. Hmm Could coming from poly-

chronic cultures and being forced into monochronic patterns have

anything to do with the clashing between the two ideologies con-

cerning relationship to self, others and nature? As cited earlier

there are many cultures that have a more polychronic perception

of time. I will never forget listening to a sportcasters commen-

tary on a talented young Dominican athlete who was recruited to

play minor league baseball here in the U.S. He sang his praises

concerning his skills and accolades while in the Dominican

Republic. Unfortunately, the young player could not seem to cutthe mustard here in the U.S. His behavior was unprofessional

and he lacked discipline. Why? Well according to the commen-

tator, he just could not seem to get to practice ON TIME! It

appeared his family obligations kept getting in the way. Hmm

What about the impact appearance has on the organizational

dynamic? We have young workers in urban apparel. Devout

Islamic women wearing head to floor coverings for modesty. We

experience young women intermingling social and business wear.

Many businesses establish dress codes to deal with the cultural

variations, but this is not always easy to adjust as in the case of cul-

tural/religious mandates. Lastly, ponder the impact on space when

adjusting to accommodate the worker experiencing disability. How

about trying to create ergonomically correct office space?

The organizational culture thrives positively or negatively

based on the Communication environment and its ability to move

the company forward in its mission. And yes, while the mission

should be the connecting factor of the organizational culture, but

it is important to remember that we all bring ourselves to the table

Hopefully, this brief insight into the realm of Nonverbal

Communication will assist you in determining the type of training

tools you want to incorporate into your Orientation, Professional

Development and Educational Training Programs. We can all

learn how to get along, but first we must acknowledge that our dif-ferences exist and instead of mandating that everyone become

yellow pencils or assimilate, lets move towards Organizational

Acculturation (reference fall 2006 article) and understand the

behaviors that make us unique and similar. I hope you understood

what I think I said! Otherwise, theres always the future of robot-

ics, but you did see Will Smith inI, Robotdidnt you? Scary!

We are futuristic in our focus on time and consistently looking to

the future as a measurement of security and attainment. This drivesour economy and our global relationships.

PS Perkins


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2007

Fallinto

Jazz



I. Introduction

Most minority business entrepreneurs own and operatesmall businesses. However, some minority small busi-ness entrepreneurs are unaware of the need to protecttheir intellectual property assets in the same manner asother assets used in their businesses.

II. Definition of Intellectual Property

Intellectual property is a creation of the mind. For

example, intellectual property may be any useful, newand nonobvious apparatus, process, article of manufac-ture, chemical composition, product design or biologi-cal plant. These forms of intellectual property are pro-tected by the patent law. In addition, useful, new andnonobvious improvements to existing apparatus,processes, articles of manufacture, chemical composi-tions, product designs and plants are also protected bythe patent law. Patent law permits the owner of thepatent to exclude all others from making, using, offer-ing for sale, selling or importing what is patented.

Intellectual property may also be books, magazine articles,music and other works of authorship. These forms of intel-lectual property are protected by copyright law. Copyrightlaw protects the owner of the copyrighted work withrespect to unauthorized copying of the copyrighted work

by others.

Furthermore, intellectual property may be a product name,product color, company logo, or other identifier of thesource of a product or service. These forms of intellectualproperty are protected by trademark law. Trademark law

protects the owner of the trademark with respect to unau-thorized commercial use of the trademark, or a confusinglysimilar trademark, by others.

Yet another form of intellectual property pertains to tradesecrets. A trade secret is any confidential formula, patternprocess, device, information, or compilation of informationthat is used in one's business and that gives the businessowner an advantage over competitors who do not know or

use the trade secret. Trade secret law allows the owner of thetrade secret to take action against anyone who steals the tradesecret.

III. Identifying Intellectual Property Assets: The

Intellectual Property Audit

An intellectual property audit is a process by which anintellectual property attorney identifies intellectuaproperty assets owned or licensed by a business andassesses potential infringement liability to which the

business may be exposed. The audit also examines pro-

cedures for perfecting intellectual property rights andidentifies improvements to those procedures.

Identifying strengths and weaknesses of intellectuaproperty assets and potential infringement risks canenhance the financial health of the business.

IV. Intellectual Property Assets

A. Patents:If patent protection is desired, a "patentability search"

Dr. Walter S. Stevens practices intellectualproperty law in San Diego, California.

INTELLECTUALPROPERTY PROTECTION FOR SMALL

BUSINESSE N T R E P R E N E U R S


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should be performed to determine whether or not theinvention is new and nonobvious, so as to qualify forpatent protection. The search should be performedeither by an intellectual property attorney or a profes-sional search firm that specializes in patentabilitysearches.

Also, under U.S. patent law, an inventor has one year tofile a patent application after the first public disclosure,

public use, offer for sale or sale of a product embody-ing the invention. An inventor who does not file forpatent protection within this one year window maylose all rights to obtain patent protection covering theinvention.

Total costs to obtain and maintain patent protection can bea significant investment for the small business entrepre-

neur. Nonetheless, a patent creates a barrier to marketentry by competitors and may well be worth the cost.Therefore, a patent can serve as a useful tool to protect mar-ket share or create a dominant position in the marketplace

because a patent acts as a "monopoly." Also, a patent can bea useful tool for raising venture capital because the finan-cial risk to the venture capitalist is reduced due to the mar-ket "monopoly" the patent provides. In addition, banks

may be willing to lend credit using intellectual property ascollateral.

B. Copyrights:

Copyright law protects a creator of an "original work"of authorship from unauthorized copying of the origi-nal work of authorship. Examples of copyrightableworks include books, magazine articles, newsletters,marketing materials, engineering drawings, music, pic-tures, Internet web pages, etc.

A copyright to an original work of authorship is auto-

matically perfected the instant the work is written onpaper, saved on computer disk, completed as a sculp-ture, completed as music recorded on tape, etc.Although a copyright notice on the work is not requiredin order to give the work copyright protection, a propercopyright notice nonetheless obtains legal advantagesduring litigation. A proper copyright notice allowable

by statute is the word "Copyright" followed by the yearof first publication of the work and then the name of theowner of the work. For example, a hypothetical copy-right notice might read as follows: "Copyright 2007 JohnDoe". Other acceptable forms of copyright notice are

provided in the copyright statute.

Moreover, the words "All Rights Reserved", such as in"Copyright 2007 John Doe. All Rights Reserved", are nolonger required for works first published in the UnitedStates and practically all foreign countries. However,due to the intricacies of various treaties with foreigngovernments, the few countries where the words "AllRights Reserved" are still required are Honduras,

Bolivia and Nicaragua for works published in thosecountries.

C. Trademarks:

Trademarks may be in the form of distinctive packag-ing, color combinations, product designs, sounds andother indicia of the source of goods or servicesTrademark rights prevent others from using a mark

that is the same or confusingly similar.

A service mark is the same as a trademark except that itdistinguishes the source of a service rather than a prod-uct. The terminology "trademark" or "mark" is common-ly used to refer both to trademarks and service marks.Trademarks which are used in interstate or foreign com-merce may be registered with the U.S. Patent and

Trademark Office. Trademarks may also be registered inindividual states if the trademark is predominately usedwithin the state. However, many trademarks and serv-ice marks are not registered either federally or at thestate level.

Before the small business entrepreneur decides to use amark to distinguish his goods or services, he shouldfirst perform a trademark search to see if the exact orconfusingly similar mark is being used by another busi-ness or individual. However, because searching forregistered and unregistered marks can be complicated

and time consuming, the small business entrepreneurmay want to engage the services of an intellectual prop-erty attorney or commercial search firm to perform thetrademark search.

D. Trade Secrets:

Trade secrets are also referred to as "confidential infor-mation." In this regard, trade secret law protects theowner of the trade secret with respect to theft of thetrade secret. Trade secrets are not protected by patent,trademark or copyright law. Rather, trade secrets areonly protected by trade secret law. Trade secret protec-

This article provides small business entrepreneurs with helpful

suggestions for protecting their intellectual property assets whilesimultaneously shielding their businesses from liability due to ...

DiversityWorks! 51



tion lasts forever, as long as the information is keptsecret. With regard to maintaining secrecy, a tradesecret should be kept under lock and key or otherwisekept from public scrutiny. However, a competitor is notprevented from independently obtaining, such as byreverse engineering, and using the secret information.

Examples of trade secrets include customer lists, product

pricing, marketing strategies, unpublished company profitand loss statements, manufacturing processes, an inventionfor which a patent application has not been filed, and chem-ical formulae.

However, what should a small business entrepreneur do if

he or she needs to disclose the trade secret to others in orderto obtain venture capital or sales? In this case, he or she canask the other party to sign a confidential disclosure agree-ment (CDA), also known as a nondisclosure agreement,confidential information agreement or secrecy agreement.Under the CDA, the parties agree not to disclose informa-tion covered by the CDA. In fact, the CDA may state thatthe existence of the CDA itself cannot be disclosed.

V. Infringement of Intellectual Property Rights

A. Patent Infringement:

The small business entrepreneur can avoid infringinganother's patent by asking an intellectual property attor-ney to perform a "clearance" study as early as possible,such as during the product development stage. Thepurpose of the clearance study would be to discoverissued patents that cover the product the business plansto market. Early identification of a patent issued toanother and that covers the business' product may pro-vide an opportunity to design-around the patent andavoid infringement. If it is not feasible to design-aroundthe patent, then a clearance study might alert the busi-ness owner as to whom to approach for a license.

B. Copyright Infringement:The small business entrepreneur should seek permis-sion to copy a copyrighted work before copying thework. If it is not clear from the copyright notice (if thereis one) as to whom sho

Diversity Works! 2007 Summit Issue

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