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Disability

DEIA is not dead – Inspiration from the SHRM Inclusion Conference

After the U.S. Supreme Court decision revoked affirmative action in June of 2023, media jumped on the story and seemed to amplify the demise of diversity, equity, and inclusion efforts. Where better to get an understanding of where we really are with these initiatives than a human resources conference devoted to inclusion? I was privileged to attend such an event – the SHRM Inclusion conference in October.

The conference used to be called The Diversity Conference, but with both the browning and greying of America and recognition that there is diversity in much of the population already (if not in every organization), the focus has shifted from a need for diversity to one of being inclusive. Conference topics included pay equity, racism, LGBTQIA+ issues, ADHD, the need to respect cognitive diversity, and for greater empathy, and more.

Given my recent first experience with Covid-19 and not yet up to travelling, I was thrilled to be able to attend virtually. Right from my sign-up with the conference, I recognized an organization that was living its values and designing for inclusivity. A hybrid event takes more planning, coordination, and management to pull off. Doing so means many more people can attend. Inclusivity and accessibility in action.

I want to highlight three conversations that shine a positive light on the future of DEI.

 

Two black men on white chairs. Johnny has short black hair and is wearing a dark suit jacket, white shirt and beige pants. Erec is wearing a dark shirt and beige pants.
Screenshot: Johnny C. Taylor, Jr. and Professor Erec Smith

1. Rethinking DEI in a Divided Era

with Johnny C. Taylor, Jr. and Professor Erec Smith

In the preamble to his discussion with Professor Erec Smith, SHRM CEO Johnny C. Taylor, Jr commented on the affirmative action decision. While U.S. Supreme Court Justice Sotomayor called it “an attempt to put lipstick on a pig”, Johnny sees the fact that the Supreme Court decision included “no prohibition of considering an applicant’s discussion of how race affected his or her life” as a lone point of optimism amid an otherwise negative decision.
Johnny and Erec discussed the need to rethink DEI in an era where polarization is rampant. This divisiveness is exemplified by the fact that 50% of sophomores do not want to room with people of different political opinions and their perception of disagreement as an attack.

Erec invited us to look for adaptive rather than only technical solutions. Example: a car has been damaged in an accident. The technical solution is to fix the damaged car. The adaptive solution is to stop the alcoholic from drinking which is what lead to the accident.

Patience is required to seek such remedies and look for nuance. Erec suggests that “a mind that can’t grasp nuance can’t grasp reality.” He encourages learning how to talk with each other about these issues, to value discourse and then to learn how to work together. It sounds simple, doesn’t it? Truth is, most of us have not been taught how.

 

Screenshot: SHRM panel of Women leaders – Melonie Parker – Google, Marissa Andrada – Krispy Kreme, and Gloria Goins – Cisco, with moderator Jim Link – SHRM

2. Turning Divisiveness into Inclusiveness – Focusing on Civility and Honesty in Converation

with Melonie Parker (VP and Chief Diversity Officer, Google), Gloria Goins – Chief Diversity, Equity and Inclusion Officer, Cisco, and Marissa Andrada – Culture Master and Kindness Catalyst, Board Director, Krispy Kreme in a panel with SHRM’s Jim Link.

Screenshot: Marissa Andrada at SHRM Inclusion 2023

Marissa Andrada talked about co-creating desired behaviours with employees. She suggested that you can tell when your DEI initiatives are working because they start to spread organically. An example is Starbucks’ baristas recognizing they wanted to start treating each other in the caring way they were treating customers, with “green apron” behaviours.

Screenshot: Gloria Goins at SHRM Inclusion 2023

Gloria Goins spoke about having such strong value alignment with your organization that you decide to “promote yourself” to customer if alignment is lacking. That line got a chuckle.

We hear a lot of talk about the need for empathy. Jim invites Marissa to expand on a quote she is known for saying: “Civility is an outcome of empathy”. Marissa invites us to step up from the golden rule – to treat others as you would like to be treated, to the platinum rule – to treat them as they wish to be treated.

Screenshot: Melonie Parker at SHRM Inclusion 2023

Melonie Parker shared her strategy for interacting with people who are no longer listening. She just stops talking and when she finally gets a chance to speak, asks them if there is anything else they want to share in a very calm way. “Until they get everything out…they’re not listening to you.”

She acknowledges “Who I am managing in that moment is myself.” Melonie adds that this does not work in social media where conversations may be better muted. It’s also the reason why Melonie says that at Google, you are not able to ask an anonymous question.

Marissa talks about having grace, especially in tough situations where people are “coming at you”.

Gloria refers to courageous conversations this way: “It is telling Gloria the truth the way Gloria needs to hear it. It’s not passive-aggressive. It’s not ignoring the issue. It is empathy. It is respectful. It is purposeful… It is implicitly inclusive because you’re centering who I am. Where it gets crunchy and difficult is we don’t like discomfort.

“We need to lean into the resistance that discomfort brings us.
“In order for you to have inclusion innovation, you have to have a mechanism to deal with creative abrasion, aka conflict.
“It’s making sure we have the right muscles and the right mechanisms to manage, to channel, to optimize, to direct the conflict points on purpose.”

Beyond the need for crucial conversations, Gloria highlights the costs of exclusion boldly stating that “we are literally physically and physiologically killing each other.”
Exclusion has serious negative health consequences, and when one person is hurt, the consequences spread to their ecosystem.

It is a societal business imperative because we are killing one another. And so it becomes incumbent upon all of us. …it is on us to take that mandate.“

Melonie then suggests we also need standard codes of conduct to guide our responses. As an admin in a Facebook group of about four thousand members, I have seen an increase in incivility and fully agree. The rules we create give us something to point to that participants are aware and will benefit from being reminded of.

Gloria later shares that “how we treat others is not a reflection of the way they are, it’s a reflection of who we are.”

 

 

U.S. Government Panel from the Chief Diversity Officer Council – Constance Mayer, Charles (Chuck) Barber, Alysia Hacket, and moderator Dr. Janice Underwood

3. The Commitment for DEIA in the Workplace, Post the Affirmative Action Decision

with panelists Alysia Hacket – Chief Diversity Equity Officer, U.S. Department of Labor, Charles Barber – Chief Diversity and Inclusion Office, National Science Foundation. Constance Mayer – Acting Chief of Diversity, U.S. Department of State, and moderated by Dr. Janice Underwood, Director of the Office of Diversity, Equity, Inclusion, and Accessibility (ODEIA) at the Office of Personnel Management (OPM) for the Biden-Harris administration.

The first invitation was to recognize the importance the government has placed on DEI & A and download Executive Order 14035. The government is the largest employer in the United States with 2.1 million civilian employees and another 2.3 million in the military community. Panelists are members of the U.S. Chief Diversity Officer Council.
They invited connections on LinkedIn and to reach out to ODEIA@OPM.gov.

I heard a commitment to “mirror the people we serve” from Alysia and from Connie an affirmation that the U.S. State Department does not reflect the makeup of the country.

When relaying the challenges that DEI efforts are bringing in poor talent, Dr. Underwood stated, “We are not trying to hire unqualified people. We are trying to increase accessibility.”

 

Screenshot of a part of a DEIA report showing the percentage of each race within each department.
Sample DEIA Report

The U.S. State Department was the first to conduct a workforce demographic report. Alysia shared how important it was to disaggregate the data to really understand it. Also, to look at the whole hiring cycle, not just recruiting, right through to performance appraisal and reward systems. She shared the OPM DEI Strategic Plan and the ONE Virginia DEI Strategic Plan to help organizations. Here is an example of the ONE Virginia Plan for Higher Education. Virginia was the first in the nation to have a statewide strategic plan for DE & I.

When Chuck hears advocacy for a meritocracy, he points out that meritocracy doesn’t take into account that we all have different starting lines in life or the bias in talent management systems. He suggests we must look at keystone behaviours and processes that contribute to under-representation, inequities and degraded belonging.

Alysia reminds us that the most senior commitment is a must. “This position must report to the top of your organization. DEI has no lane. We belong in every part of the organization.”

In the face of political initiatives that challenge the work such as eliminating Connie’s position and reducing her salary to $ 1, they will just rebrand because the work matters, has positive impacts, and helps the bureau.

Dr. Underwood shared Equal Employment Opportunity Commission Chair Charlotte Burrows’ comments after the affirmative action decision that “DEIA for the federal workforce or the workforce writ large remains lawful, permissible, and these are best and promising practices.”

Comments in the chat for this breakout session were that it ought to have been a main session where everyone could have heard this positive and deeply encouraging message to keep the conversations and actions going.

I have had and look forward to the privilege of interviewing other speakers from the conference. Check out the Happy Space Podcast for a compelling conversation with veteran advocate and author Michael Bach – episode 35 dropping on December 5th. Stayed tuned for discussions with Maria Ross, author of “The Empathy Edge”, and Seramount Director Katie Mooney. And while you’re there, check out the many other episodes exploring inclusivity.

Check out the SHRM Inclusion 2o24 conference happening in Denver, Colorado and virtually from November 4-7, 2024.

Filed Under: Disability, Inclusivity

Hold that door….! Opportunities to Improve Accessibility are Closer Than You Think

half open service elevator door

Have you ever thought about how long an elevator’s doors ought to stay open? I have thought about this several times over the past few years and just wrote a long overdue email to property management in my condo.

Beyond the uncluttered views of this lakeside condo, I chose to move here for single-floor living and easy-to-access amenities (if visiting, you can pick up dinner, wine, and chocolate right downstairs!) because I was afraid of how multiple sclerosis (MS) might rear its head. Having had four attacks in as many years, the last one inviting me to walk with a 15-year old baby-stroller for support (the stroller came with cargo space and I was happier to look liked I’d misplaced a child more than that I needed a walker 🤔), I had definitely noticed that the elevator doors closed very quickly but never thought to do anything about it.

That was until I came to know a fellow resident who experiences MS more severely than I do. My friend – let’s call her Jean, rolls in a wheelchair or scooter. Several months ago, we chatted about the challenge she faced because of the quick-closing elevator doors. I decided that I would write to our board to request they be slowed down. Since then, I have noted many times when I would have benefitted from extra time.  Any time I have heavy shopping bags, or new planters for the patio that I have to set down while I’m waiting for the elevator, I need more time to be able to pick them up and get to the available car. I have also spoken with a few residents who agreed that it would be helpful.

Today, I decided to start investigating what we are dealing with and what, if anything is legislated.

First, I timed the door:
a) 2.4 seconds to open
b) 2.5 seconds fully open
c) 2.8 seconds to close

Then, I measured the distance from the elevator call button in my hallway to the furthest elevator. Over 12 feet (3.66 m).

Have a look at just how quick it is…

I started to investigate regulations that should inform what we do. I keep hearing about accessibility legislation so didn’t think it would be very difficult.

Not so fast.

Yes, we have the UN Convention on the Rights of Persons with Disabilities, established in 2006 and as of today, adopted by 183 nations, one of which is Canada.

But what do we have in my country of Canada, my province of Ontario, and my city of Toronto to help guide us? After all, jurisdiction matters if you want to look to legislation as a lever. From a building code perspective, the provinces determine what we must do for safety but touch lightly on accessibility. One recent change, for example, is that sensors must not only detect what is between the doors, they must detect an approaching object. I could find no mention of door opening time. The Accessibility for Ontarians with Disabilities Act is slowly building standards to which organizations with over 50 people must adhere. Accessibility, it seems, is left to the cities to guide and these guidelines vary. In a condo, you are at the mercy of the condo board.

Here’s some of what I found:

The U.S. Americans with Disabilities Act standards of 2010 state that elevator doors must be open for a minimum of 5 seconds. It offers a formula to augment that duration based on the distance one would need to travel to reach the door after pressing a call button. In this case, 8 seconds would be warranted. Brock University and the City of London (Ontario) stipulate 8 seconds without regard to distance.

The City of Toronto’s 2021 Accessibility Design Guidelines have simpler guidance: “Have a minimum period of 5 seconds before the doors start to close if it is a hall call, and 3 seconds if it is a car call.” The hall call assumes that 2 seconds will enable you to cover whatever the distance is to the elevator. It also does not clarify if this is from the start of the doors opening or from the doors being fully open.

I’m curious to see what action will be taken. Torontonians are known for being impatient and often in a rush so I expect that there will be some resistance to making a shift. In fact, the city worker I spoke to suggested the sensors should take care of it because they would sense a body or wheelchair in the way of the doors. So not good enough! Why should someone have to sense doors closing on them as a matter of course?

Many changes have been made to improve accessibility that benefit far more than folks in wheelchairs. Take the curb cuts I talked about with Peter Shankman in episode 19 of the Happy Space Podcast, for example.

I invite you to notice what is inaccessible in your world and consider what small steps you might take to open the world up a little for those who face barriers.

I’ll keep you posted on what the board says by updating this post when I have an answer and also by sharing it in my monthly missive, “the museletter”. Sign up here to stay in the know.

In the meantime, go be an ally. We will all benefit.

 

 

Filed Under: Advocate, Comfort, Design, Disability, Inclusivity, Movement, Productivity, Technology

How Can a Watermark Be a Human Rights Matter?

It seems like such a small thing, but a watermark did indeed become a human rights matter.

Allow me to explain. I’ll share the short version first and then the detailed journey which I realize some of you may perceive as “banging my head against a wall”. I am definitely tenacious. When I think something matters – especially to more than just me – I don’t give up. Unfortunately, I think much advocacy work can feel this way. I find committing to staying curious helps. Read on to find out what I have learned.

 

Quick overview:

• The reading material in a course I paid for contained intrusive watermarks throughout making it difficult for me to read. I’m a highly sensitive person with a low threshold for visual sensory input.
• Despite 19% of the class wanting the watermark removed, the course creator deemed it an “unreasonable accommodation”. The greater concern was the perceived business risk of intellectual property theft.
• Disability rights organizations in the home country of the course creator stated that the unwillingness to provide an accommodation, in this case, is discriminatory and a human rights matter. They deemed that access should be made available to those with sensory impairments. This was backed up by a US lawyer looking through the Americans with Disabilities Act (ADA).
• I share this story in hopes that leaders and creators will see that providing accommodations to those in need is more than a moral and business imperative; it is a legal requirement.

 

The details:

I signed up for an online course about a subject that as a highly sensitive person, I was very interested in. In fact, I anticipated finding such value in the learning that I had been sharing about it with my community and was keen to share it with the world in the book I am researching and writing.

The night before the course was to start, I accessed the reading material online and was stopped in my tracks.

As a productivity coach and professional organizer, I often coached my clients to recognize speed bumps – internal resistance that gets in the way – and roadblocks – external challenges which make it difficult to continue. I found myself face to face with a roadblock: eight lines of watermarks slashed each page. The watermarks included both the company name and my email address…which includes my name.

I mocked up a sample document to show you what the materials looked like. Please know that I would never dream of sharing a document that looks like this:

a page of text with several watermarks running diagonally throughout the page

I couldn’t read the pages. For me, it was like trying to have a conversation with two people speaking to me – at the same time. My brain shuts down. I stop being able to process information as my brain constantly shifts from one person to the other. I know that I’m not alone…

Image: screengrab from The Kelly Clarkson Show on Youtube

Have a listen to Ted Lasso actor Hannah Waddingham chat with Kelly Clarkson about how they both detest the “in-ear doo-da” – she is talking about earpieces that let you hear a producer while you are performing. You’ll find this part of their conversation at 8:47. The struggle is real.

Feeling: Frustrated 😣

 

Strategy One: Ask for help

“Help!” I titled the email I wrote to the course creator. “While l understand the need to protect intellectual property….it is far too visually distracting for me.”

The creator and a team member looked at the documents and acknowledged “yeah… it’s very busy”. I learned that course materials are stored in a “data room” (through Digify) which restricts access and tracks views as well as printed copies. Working with this tech solution, they were able to reduce the number of watermarks to one much larger image across the page that looked like this:

a page of text with a one large watermark running through it diagnally

Unfortunately, this still didn’t work for me.

I was told nothing more could be done and assured that my “learning, insights, and community gained will make up for it.” Hmmm. ⛽💡
Feeling: Invalidated. 😑

 

Strategy 2: Ask for a private conversation

I decided to ask for a meeting to discuss this challenge in the context of inclusivity around learning. I wanted to explore the conflicting goals of IP protection (which I understand as a patent and trademark owner myself), and visually sensitive people being able to comprehend subject matter in their learning modality of choice. I prefer visual information.
I offered suggestions to simply have the copyright information at the bottom of the document along with the student’s email address. (On their website, Digify suggests students will “think twice” before sharing documents if their email address is in the watermark. I take this to mean that shame is a deterrent.) Another idea was to gain explicit agreement from participants, in writing, to not share materials.

I looked at the protections provided and the possibility of workarounds*, and feel that some of the Digify services seem to be more of a hindrance to legitimate students than a deterrent to thieves. That is to say, to those determined to misappropriate information, they would be “speed bumps” and not “roadblocks”. I thought there had to be other equally effective ways to deter the sharing of this work.
Feeling: You don’t trust me. ☹

The creator said they would consider what to do.
Feeling: 🙄 Optimistic

The next day in class, each of two cohorts was polled to find out if participants were bothered by the watermark and if they would like something done about it. Results were shared.
81% of students did not find it a problem, however, 19% of students did.

Dr. Elaine Aron, who pioneered the research into the trait of high sensitivity in the mid-to-late 90s suggests that about 20% of people have the temperament. Based on this, the happy face in the Happy Space® Podcast logo is set at 19% tilt. Great, I thought. This will surely mean the watermark is changed.
Feeling: Buoyant 🙂

Nope. I was wrong. We were told that “the watermark does not bother the majority of participants and the majority don’t want us to change it.” Despite almost 1 in 5 wanting the watermark adjusted, they decided to keep it as is.

I was then offered a 50% refund if I chose to leave the course.
Feeling: Dismissed. 🤨 And stunned. 😮 And curious. 🤔
How is inclusivity about “the majority”?!

And still, optimistic. 🤞🏼

So, I stayed.

 

Strategy 3: Raise with the group

A few days later in class, we were speaking about personal needs with respect to sensitivity and I brought up my challenge in class along with noting the fact that I was not alone.
The next day, I was told that I must “drop the watermark issue or leave the course”. I was told that “Removing the watermark is not a reasonable accommodation and poses a business risk for us.”
Feeling: Dismayed. 😟

And still, I stayed.

 

Strategy 4: Get curious

I committed to staying curious. I had begun to research Diversity, Equity and Inclusion (DEI) in their country to understand the context within which they were operating. Perhaps awareness and action around inclusivity were lagging, I thought.

Disability rights groups pointed me to a White Paper published in their country which referred to the United Nations Convention on the Rights of Persons with Disabilities. I learned that my sensitivity to visual input can be considered a sensory impairment which is considered a disability. As such, I should therefore receive “reasonable accommodation”.

Here is the specific language:

Impairment is a perceived or actual feature in the person’s body or functioning that may result in limitation or loss of activity or restricted participation of the person in society with a consequential difference of physiological and/or psychological experience of life.

5 Impairments:
• Physical
• Sensory
• Intellectual
• Psychosocial (mental removed)
• Neurological impairments (added)

In their country, “Reasonable Accommodation refers to necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden”.

I searched the Ontario Human Rights Commission and found: “In the context of employment, the Supreme Court of Canada has described the goals and purposes of accommodation:
… the goal of accommodation is to ensure that an employee who is able to work can do so. In practice, this means that the employer must accommodate the employee in a way that, while not causing the employer undue hardship, will ensure that the employee can work. The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship.

So guidelines are similar in both of our countries.

I continued to ask questions in the next couple of classes. Unfortunately, this was perceived negatively and I was told to no longer participate in the live component of the class…with no option for discussion.
Feeling: Surprised and incensed. 😤

 

Strategy 6: Persist

This matter has wide-reaching implications. So, I kept digging.
To further understand if my request was indeed a reasonable accommodation, I reached out to labour and employment lawyer US lawyer Stuart Silverman who found it an interesting question.

Here are the comments he shared with me via email after analyzing the situation under the Americans with Disabilities Act (ADA):

1) what is described is a disability under the meaning of the law.
2) the request for a RA [Reasonable Accommodation] was a reasonable one..presenting the course material without the distraction of the watermark..if there are other ways of presenting the same or similar material that could be done too.
3) the company was willing to remove the watermark if over 50% requested…that shows that the watermark protection is not significant to the company. But the law does not look to whether a majority is affected. If an applicant who is a person with deafness applies for a job and needs an RA, the fact that most people do not need an RA for deafness is not the issue. It is whether this one needs.

Feeling: Validated. 🙂

 

Strategy 7: Share without shaming

You’re reading this post – and thank you so much for reading this far – because I think it is important to continue to invite mindset shifts and compassionate action without shame. This is why I have not shared the name of the course. In fact, I think some of the work of the course creator has value, however, I cannot share it until the moral conflict described here is resolved.

What does this mean for highly sensitive people?

It means being okay with referring to sensitivities as an impairment. I find this challenging conceptually because I deeply value the strengths of the trait but am willing to do so if it means receiving appropriate accommodations. Not everyone will be okay with this.
It means we have legal rights to back us when raising our voices.
It means we deserve to be taken care of.

 

What does this mean for organizations?

It means digging deeper and moving past initial reactions to examine if that position is reasonable given human rights legislation.
It means being creative and adapting as necessary to be more inclusive.
It means making an exception that could take some extra time and effort.
It means taking compassionate action. Actions speak louder than words.

 

What am I hoping for?

We are all on learning journeys and open to new thinking in different ways. I hold hope for the following:

1. I hope that the course creator, team, and my classmates will read this and reflect on what happened – the action and inaction, and what might be done to do better.

2. I hope this can serve as a case study sharing the challenge of raising one’s voice for reasonable treatment.

3. I hope that the need for persistence in achieving accommodations will disappear as more minds open with and act with true compassion.

 

I would love to hear your thoughts…

How would you have felt? What would you have done?

Email me to let me know at clare@clarekumar.com

or comment on a social media post sharing this blog post.  You can find me @clarekumar on LinkedIn, Instagram, Twitter, and on Facebook. I would love to hear what you think.

*Workarounds would be time-consuming but entirely possible through free software such as watermark-removing apps and “printing to PDF” in order to save documents electronically.

******
I explore the intersection of productivity & inclusivity through speaking, coaching, and hosting the Happy Space Podcast. Hot talks at the moment are
“Understanding & Embracing Neurodiversity” and “Leadership Skills for a Hybrid World”. If I can be of help please book time to chat with me.

Filed Under: Advocate, Awareness, Disability, HSP - Highly Sensitive Person, Inclusivity, Leadership Tagged With: discrimination, high sensitivity, inclusivity, visual sensitivity, watermark

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Clare Kumar helps organizations create “neurological safety” so more people can live, work, learn, and play with ease.

Proudly autistic with a side order of ADHD, Clare’s lived experience and work with many neurodivergent clients as a productivity coach for two decades compels to respect that #ProductivityIsPersonal.

If we want the best from customers and employees alike, it’s time to create more hospitable containers protecting the most sensitive. Discuss collaborating with Clare.

From the Blog

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What is “Neurological Safety” and why do we need it?

DEIA is not dead – Inspiration from the SHRM Inclusion Conference

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