U.S. workers tend to be more sensitive to DEI issues than their non-U.S. counterparts. What should an employer with U.S. and non-U.S. workforces do about this?

Non-U.S. workforces such as those in Asia or Latin America often have to interact with their colleagues or customers or partners in the United States. Indeed, non-U.S. employees of multinational companies are in frequent cross-border contact with their American counterparts – either via Zoom, telephone calls, emails, or in-person meetings.

These cross-cultural contacts can be risky because sensitivities on certain issues can differ dramatically between America and other countries. Diversity, Equity & Inclusion or DEI is now a prominent aspect in many workplaces in the United States. As a result, there are heightened sensitivities among American workers about the rights of women, LGBTQ+ communities, minority ethnicities and other groups.

Therefore, it is essential that non-U.S. workers understand these U.S. sensitivities and do not intentionally or unintentionally insult or offend their American colleagues. Not only does this lead to hurt feelings and low morale in your global workforce, it can lead to real legal risk in the United States.

Even a comment from a non-U.S. worker that their American colleague finds discriminatory can result in an internal complaint, or even end up in a discrimination or harassment complaint that is filed before a U.S. government agency or court, or be uncovered during discovery in litigation.

Some of these instances that lead to this type of risk are sadly familiar to many of us. For example, an APAC worker at an American company was overheard asking his colleague if the American manager who was on the Zoom call was “a gay,” raising the risk of a sexual orientation-based discrimination or harassment claim in the United States.

As another example, an APAC worker, whose country has a retirement age for private sector workers, may express to their American colleagues that older workers should retire, raising the risk of an age discrimination claim.

As yet another example, a Brazilian worker who visits the U.S. office for the first time may try to greet his American colleagues with a hug and a kiss (on the cheek), which may be customary in Brazil but can make the U.S. workers – especially female workers – uncomfortable, and lead to sex harassment claims.

As yet another example, a U.S. worker felt their Eastern-European colleagues were reluctant to use their preferred “they” pronoun. It was unclear, however, whether such behavior was intentional, or simply attributable to the non-U.S. workers’ weaker command of English as their non-native language. But this situation could nonetheless raise the risk of a discrimination or harassment claim based on gender identity.

So, training non-U.S. workforces on DEI sensitivities in the U.S. is essential. And that’s why we at Littler have put together a training taskforce of Littler attorneys who were raised outside the U.S., but who have practiced law in the U.S. and therefore understand these U.S.-based DEI sensitivities and how they play an increasing role in discrimination and harassment claims. We train our clients’ non-U.S. workforces on how to deal with the differing workplace sensitivities of their American colleagues, clients, and partners. And we are here to help you deal with this cross-cultural employment challenge.