Strength in Numbers: Reporting Discrimination

The Diversio Team
Diversio
Published in
3 min readNov 19, 2020
“Fire department culture must change”, Drexel Education

Self-reporting is definitely not spoken about enough. Many organizations have realized the importance of it, while some are still unaware of the enormous impact it generates.

The act of self-reporting is defined by participants voluntarily providing information for surveys and questionnaires about their personal feelings, opinions, attitudes, and so on. Under the backdrop of an organization, this means that employees volunteer information about their experiences and feelings regarding various aspects of said organization.

One key realm under which self-reporting should be highly encouraged is diversity and inclusion (D&I). Organizations are searching for vast amounts of information to form their judgments, often specifically from employees who have strong feelings or experiences.

WHY SELF-REPORTING IS CRITICAL

By self-reporting and adopting the best practices for encouraging it, it will create a more dynamic and data-driven culture within firms striving to be inclusive, transformative, and even high-performing.

The best opportunity for a solution: The first step in solving a problem is recognizing there is one. Logically, this is sound. In any situation, reporting instances of discrimination and any other form of negative treatment is critical for two reasons. First, it helps address the problem immediately, which has a significantly better chance of going your way and creating a positive change. Secondly, it facilitates the adoption of other practices and policies by setting a firm-wide precedent.

Trailblazer: If you are at a firm that does not encourage self-reporting or lacks an arena for doing so, people will generally feel that their potential claims will not be worthwhile. They will be implicitly influenced to keep their problems to themselves and this will only lead to a domino effect. However, if there is a trailblazer who takes the correct steps and proactively self-reports, it will transform the culture of the organization. According to a whitepaper released by Spot — an artificial intelligence tool where people can anonymously report abuse — 79% of interviewed participants had witnessed workplace harassment. 77% of them never reported it to HR.

Legal protection: Often, incidents of discrimination and harassment can turn into litigation. Fox v. Leland Volunteer Fire/Rescue Department is a clear example of this. Sara Fox was treated unfairly and discriminated against by her subordinates and superiors because she was a female in a position of power. After several failed attempts to speak with her superiors, she mentioned that she had consulted with her attorney about filing a legal complaint. Three days later, she was fired.

Yet, the trial court agreed to dismiss all of her claims. On appeal, the Court of Appeals only partially reversed the judgment, dismissing all of her claims except one: retaliation causes of action.

Why was that particular claim not thrown out? She can demonstrate that she had made internal complaints and her bosses took retaliatory action against her by discharging her. So, even if the overarching discrimination case was thrown out, her claim for retaliation stood.

BEST PRACTICES FOR ENCOURAGING SELF-REPORTING

The following are some best practices to adopt as an organization to encourage self-reporting and reduce any associated stigma:

  1. Provide a reliable and confidential avenue for submitting complaints or concerns
  2. Write and distribute new policies to the entire firm, including anti-retaliation measures
  3. Train managers and employees on workplace ethics
  4. Develop an independent task force to respond to allegations and investigate them immediately
  5. Communicate with the person who reported to ensure trust and demonstrate a serious inquiry
  6. Safeguard against workplace gossip and disinformation by only releasing established facts to the workplace

ONE KEY DIVERSIO RECCOMENDATION TO CONSIDER

Consider hiring an independent ombudsman as a means for employees or managers to confidentially report harassment or discrimination without fear of retaliation. This cultivates a safe space for individuals to self-report and enables a firm-wide culture of holding individuals accountable.

CONCLUSION

Overall, the encouragement of self-reporting is vital for the underlying sustainability of any organization. By providing the best opportunity for a long-term solution, a supportive culture, and legal protection, among others, this mindset will help drive positive change.

While the fear of retaliation and ostracization is valid, it can be addressed. Strength in numbers and each other mitigates any fears associated with honesty.

To learn more about how you can make your workplace more inclusive, visit our website: www.diversio.com

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