EEOC Continues to Oppose Mandatory Arbitration
Equal Employment Opportunity Commission Chairman Gilbert Casellas released a 17-page statement
restating the agency's opposition to the use of mandatory arbitration. Calling it "contrary to the
fundamental principles" of employment discrimination law, Casellas instructed agency investigators to
process discrimination charges even in cases in which the employee had agreed to abide by arbitration.
EEOC opposition to mandatory arbitration stems from the lack of transparency in the process which
"allows for little public accountability." According to the statement "the lack of public disclosure not only
weakens deterrence, but also prevents assessment of whether practices of individual employers are in need
of reform." The agency also is concerned that settlements through arbitration prevent the formulation of
civil rights law since no precedents are set.
Mosaics, Sept./Oct. 1997
Giving Feedback in a Diverse Environment
The first step in giving feedback is understanding the impact differences in age, gender, and culture can
have on how we communicate.
Miscommunication can occur when differences in background, values, communication styles, and
perceptions cause misunderstandings.
The following variables may illustrate why some of your feedback is adopted while others is not.
Avoidance of loss of face. Employees from some cultural backgrounds will interpret negative feedback as
a shameful event that causes a loss of face.
Emphasis on harmony. Employees preferring smooth interpersonal interactions often see feedback as
disruptive to harmony.
Respect for authority. Employees from hierarchical cultures or traditional upbringings may prefer
operating according to a clear "chain of command" and may feel that feedback is an order rather than
something to be discussed.
External focus of control. Some cultures place more emphasis on external factors such as fate and chance
when attributing the cause of success or failure.
Difficulty in separating self from performance. Some individuals see their performance as an inextricable
part of themselves, so a criticism of behavior is taken as a personal affront.
Emphasis on group over individual. Employees from more group-oriented cultures may find it awkward
and embarrassing to have their individual performance singled out for comment.
Previous discrimination. Individuals who have experienced discriminatory treatment may mistrust any
feedback given by a different group.
Eight Strategies for Giving Effective Feedback
Position the feedback as a benefit to the receiver. Feedback has a better chance of being used
positively when the receiver sees its benefit in relevant terms.
- Build a relationship first. Spend time building a connection with employees. Take a coffee break or
have lunch with employees. Not only will you get to understand your staff members better, but you will
build a foundation that you can rely on at feedback time.
- Use subtle communication. Less direct communication can avoid the hurt and loss of face often felt.
Make implicit rather than explicit statements ("The introduction and conclusion of this report are
excellent," rather than, "The body of the report needs work").
- Make observations about behaviors. The risk of defensiveness is lowered when the focus is on specific
behaviors rather than judgments about the person. "These smudges need to be cleaned off," rather than,
"Your work is sloppy."
- Use passive voice. Passive language can convey your message in a less confrontational manner. "The
reports were left unfinished," is a more face-saving way to deliver your message than, "You didn't finish
these reports."
- Be positive. Giving positive directions takes the sting out of what might feel like a reprimand and gives
the recipient a clearer idea of what to do. You might say, "Please follow the new format this time," rather
than, "Don't do it that way again."
- Make it low key. Because of the heightened sensitivity that often surround feedback interactions, make
the discussions as low key as possible. Speaking in a soft tone of voice and meeting privately are two ways
to avoid defensiveness.
- Communicate your respect. When people feel valued and accepted, they are less defensive and more
open to feedback. Tell people directly how much you value their contributions.
(Excerpt from authors Lee Gardenswartz and Anita Rowe.)
Managing Diversity, Sept. 1997
What's New in Books
Minority Recruiting: Building the Strategies and Relationships for Effective Diversity Recruiting by
William G. Shackelford is an informative guide for successful minority recruiting and recruiting
experienced minority candidates. Available from The Diversity Bookstore Catalog,
(206) 362-0336, $17.95.
Having It All /Having Enough: How to Create a Career/Family Balance That Works for You by
Deborah Lee, Ph.D. addresses the conflicts of parenting and work in the dual career family and offers ways
to negotiate change at work and build networks for support.The book offers practical steps for managing
internal conflicts associated "having it all" and interpersonal relations with one's partner. Available from
AMACOM Books, (800) 262-9699, $21.95.