Diversity in the Courts:

A Guide for Assessment and Training

Denise Glover

Federal Judicial Center

March 1995

This Federal Judicial Center publication was undertaken in furtherance of the Center’s statutory

mission to develop and conduct education programs for judicial branch employees. The views

expressed are those of the author and not necessarily those of the Federal Judicial Center.

iii

CONTENTS

About This Guide vii

Acknowledgments ix

Section 1: Introduction 1

Purpose of This Guide 2

How to Use This Guide 2

What Does It Mean to Manage Diversity? 4

Why Have Diversity Training? 6

Section 2: Assessing Readiness and Needs for Diversity Training 9

Part 1: Assessing Readiness for Diversity Training 9

Building Management Support 10

Why Assess Needs for Diversity Programs? 11

Needs Assessment Methods 12

Reporting Needs Assessment Findings 15

Part 2: Needs Assessment Guidelines and Forms 15

Ensuring Confidentiality 15

Response Rate 16

Analysis of Results 17

Cover Letter 17

Optional Personal Data Form 17

Optional Add-On Survey for Managers 18

Sample Cover Letter for a Diversity Needs Assessment Survey 19

Sample Needs Assessment Survey of Diversity-Related Problems 20

Sample Optional Personal Data Form 30

Sample Optional Add-On Survey for Managers 33

Interviewing Guidelines 36
iv

Sample Protocol for Structured Interviews for All Staff 37

Focus Group Guidelines 41

Sample Focus Group Protocol 42

Section 3: Designing the Program 43

Planning the Training: Establishing a Diversity Education Planning

Committee 43

General Program Guidelines 45

Diversity Training Pointers 45

Diversity Training Pitfalls 46

Training Formats 46

Goals of Diversity Training 48

Curriculum Components for an Introductory Diversity Training

Program for All Staff 49

Sample Content for a Introductory One-Day Program for All Staff 50

Sample Content for a Half-Day Program for Managers 57

Next Steps: What to Do After an Introductory One-Day Program 61

Organizational Strategies for Implementing Diversity Initiatives 62

Introduction to Case Studies 72

Design of Case Studies 72

Guidelines for Using the Case Studies 72

List of Case Studies 73

Case Studies 74

Section 4: Finding and Working with Outside Experts on Diversity 99

Finding and Selecting Diversity Experts 99

Conducting Preliminary Interviews and Reference Checks 99

Conducting the Final Interviews 101

Designing the Training Program 102

Center Assistance for Using a Diversity Expert 103

Final Do’s and Don’ts for Working with Diversity Experts 104
v

Section 5: Promoting the Program 105

Proposal to Management 105

Building Staff Support 106

Section 6: Evaluating the Program 107

Know What Is Being Evaluated 107

Individual Evaluation Form 108

Group Evaluation Form 109

Follow-Up Evaluation 110

Sample Individual Evaluation Form for a Diversity Program 111

Sample Group Evaluation Form for a Diversity Program 115

Section 7: Annotated List of Diversity Resources 117

Articles 117

Books and Reports 121

Education and Training Resources 123

Newsletters and Booklets 127

Videotapes 128

Other Resources 132

Bibliography 132

Games 133

Glossary of Major Terms 137

Appendix A: National and Court-Specific Demographic Data 139

Appendix B: Comparison of Needs Assessment Methods 145

vii

ABOUT THIS GUIDE

Several events led the Federal Judicial Center to prepare this guide to assist courts in

planning education and training programs on diversity. One was the Judicial

Conference’s September 1992 resolution encouraging the courts to sponsor education

programs about the presence of bias based on race, ethnicity, gender, age, and disability

in the courts and its effects. Even before the Conference resolution, however, the Center’s

education programs were responding to court personnel’s demands for help on how to

manage a diverse workplace. That topic had been prominent in the professional

management literature at least since the 1987 publication of Workforce 2000: Work and

Workers in the 21st Century, a report prepared for the Department of Labor.

Advice and reaction from court managers and staff have substantially improved this

guide. Court training specialists who had coordinated diversity programs identified

specific types of information and materials they would have found useful as they planned

their programs. Also, the Center assembled an advisory committee of court personnel

who represented a cross section of the court family by type of court (appellate, district,

bankruptcy), position (e.g., managers and non-managers), and geographic location. In

addition, committee members represented a mix of cultural backgrounds. A few people

who are not employed by the courts but have either worked with court personnel or

served as content experts were also on the advisory committee.

Center staff members, identified in the Acknowledgments, also contributed their

expertise to this guide; section 2 benefited greatly from the data collection chapters in

Studying the Role of Gender in the Federal Courts: A Research Guide, prepared by the

Center’s Research Division.

Finally, the Western District of Texas and the Alexandria Bankruptcy Divisional

Office for the Eastern District of Virginia pilot tested this guide during local training

sessions. Comments and reaction from personnel in those courts were helpful in

indicating additional changes to enhance the guide’s use as an assessment and planning

tool.

ix

ACKNOWLEDGMENTS

Diversity Advisory Committee Members

Clarence Bibby, Jr. Geraldine Crockett, Clerk

Bibby and Associates, Inc. U.S. District Court for the

Austin, Texas Northern District of Indiana

South Bend, Indiana

Michael Gans, Clerk Dee Howard, Probation Officer

U.S. Court of Appeals for the Eighth Circuit U.S. Probation Office

St. Louis, Missouri Austin, Texas

Margo Lazarri Dan Lopez, Operations Manager

Deputy Chief Probation Officer U.S. District Court

Central District of California Western District of Texas

Long Beach, California San Antonio, Texas

Renee Mitchell, Court Training Specialist Margie Pesante, Probation Officer

U.S. Bankruptcy Court Eastern District of New York

Alexandria, Virginia Brooklyn, New York

Diane Sakal-Gutierrez, EAP Counselor Leroy Wadlington, Deputy-in-Charge

San Francisco, California U.S. District Court

Oxford, Mississippi

Esther Yazzie, Court Interpreter

U.S. District Court

District of New Mexico

Albuquerque, New Mexico

In addition to the advisory committee members, the following people commented on

sections of the guide, provided information, facilitated the pilot testing, or otherwise

helped with the guide’s development: Clerks Michael D. Webb of the U.S. Bankruptcy

Court, Southern District of Ohio, and Bob Wiley of the U.S. Bankruptcy Court, Eastern
x

District of Virginia; Chief Probation Officer H. H. Whitehall of the Western District of

Texas; and Myra Howze Shiplett, Assistant Director, Office of Human Resources and

Statistics, Administrative Office of the U.S. Courts.

A special thanks is extended to Cynthia Harrison, Molly Treadway Johnson, Michael

Miller (student intern), Joy Richardson, Judy Roberts, Angela Stewart, Donna Stienstra,

Fran Toler, and Russell Wheeler of the Federal Judicial Center.
1

1

INTRODUCTION

Many units in the appellate, district, and bankruptcy courts have conducted or are

planning to launch diversity education and training programs for their employees. The

objectives of these programs will vary because of the circumstances and dynamics of

each court. The common goal, however, is to create a work environment in which the

court draws on employees’ unique culture, professional and personal experiences, and

skills to try to ensure that all employees have the opportunity to contribute to the mission

and objectives of the court.

Several developments have encouraged courts to conduct diversity training. First,

since 1966, the Judicial Conference of the United States has endorsed a national policy of

equal employment opportunity. In its March 1980 session, the Judicial Conference

approved a model affirmative action plan (Report of the Proceedings of the Judicial

Conference of the United States [JCUS Reports], March 1980, p. 5) and in its September

1986 session, adopted revisions to the Model Affirmative Action Plan and Discrimination

Complaint Procedures (JCUS Reports, Sept. 1986, p. 57). Courts are required to adopt the

model plan or their own plan, which the circuit council must approve. This initiative laid

a solid foundation for current diversity efforts.

Second, Workforce 2000: Work and Workers in the 21st Century, a study conducted

by the Hudson Institute in 1987, forecast the demographic composition of the work force

in 2000 and discussed the implications of this new work force for employers. These

findings indicate that the work force will be more heterogeneous by race, ethnicity,

gender, age, physical ability, religion, language, and educational background. Managers

need to understand how this mix will present both opportunities and challenges to the

courts, whose users and work force are becoming increasingly diverse.

Third, the Judicial Conference in its September 1992 session adopted a resolution

encouraging all circuits to sponsor education programs for judges, attorneys, support

personnel, and all others within the judicial branch to sensitize them to effects of bias

based on race, ethnicity, gender, age, and disability (JCUS Reports, Sept. 1992, p. 64).

Fourth, in March 1993, the Judicial Conference adopted a resolution encouraging

circuit judicial councils to conduct studies of gender bias in their circuits (JCUS Reports,

March 1993, p. 28). Circuits are in different stages of studying the effects of gender, race,

and religion on courtroom interactions and court operations. The need for education and

training has become apparent as a result of these studies.
2 Diversity in the Courts: An FJC Guide

This section describes the purpose of this guide and how it should be used, provides a

working definition of diversity, and assesses the benefits of diversity training. Appendix

A presents national and court demographic data and their implications for the courts.

Purpose of This Guide

This guide can assist court training specialists and court managers in using locally

available resources to coordinate, develop, and implement effective training and

education programs for court personnel. This guide addresses a range of challenges posed

by diversity training: sensitivity of the subject matter, a plethora of diversity experts who

may or may not be qualified to design and facilitate appropriate training, and the

proliferation of literature, philosophies, and approaches to diversity training. This guide

can help court managers and court training specialists avoid common problems in

planning and implementing diversity training programs, and maximize the effectiveness

of the programs.

In addition, this guide provides assistance in planning and designing the program, in

terms of both process and content; finding and working with diversity experts; building

support for and promoting the program; and evaluating the program. An annotated list of

relevant articles, books, training materials, and videotapes, and a glossary of terms are

also provided.

The specific topics covered by this guide were selected after surveying court units

that had conducted diversity training programs. These court units were asked about the

kind of materials that would have been most useful when they were planning their

programs.

How to Use This Guide

This guide is directed to all court units: those that have already made a firm commitment

to plan and implement diversity training, and those that have not yet decided to conduct

diversity training programs. Court units that have conducted an initial training program

may find this guide useful for planning follow-up training programs and activities. This

guide is directed toward planning education programs for non-judicial court personnel,

although many of the general program guidelines will also be useful in planning

programs for judges.

Keep in mind the following guidelines:

• This guide can help managers and court training specialists determine if they want

to develop and conduct diversity training programs. It will answer such questions

as: What is work-force diversity? Why is it important to conduct training if our

court personnel are not visibly or obviously diverse? How do we determine the
Diversity in the Courts: An FJC Guide 3

educational needs of our staff in this area? What are the benefits and challenges of

developing and conducting diversity training programs? How much and what type

of planning is involved?

• Court managers and court training specialists who have decided to plan a training

program should use this guide as a primary resource throughout the planning and

implementation process—that is, for determining the focus, content, and format of

the training program, and for deciding whether to call on outside experts.

• Courts will probably need some outside assistance in designing and administering

a needs assessment instrument and in designing a program based on the findings

of the needs assessment. Section 4 provides advice on outside experts who may be

available to the courts and suggestions on how to secure assistance. Often a

private contractor will be the preferred expert, a consultant either in private

practice or on a nearby college or university faculty. Consultants vary in their

skills and costs. In any event, the more you know about assessing needs and

designing a program, the more effective (in terms of results and costs) will be the

outside assistance that you retain.

• All books and articles referenced in this guide are listed in the resource list in

section 7.

• As used in this guide, the term clients refers to defendants and offenders, and the

term court users refers to litigants, attorneys, and those called to the court, such as

witnesses and jurors.

• Specific sections or components of this guide can be used separately, but you

should review an entire section before deciding to use a particular exercise, case

study, instrument, or portion of a section.

The following is the recommended sequence of steps for program planning:

1. Read the introduction to the guide (section 1).

2. Assess readiness for training (section 2).

3. Organize a diversity education planning committee (section 3).

4. Build management support and review needs assessment methods with the

committee (section 2).

5. Find and work with an outside expert (section 4).

6. Decide on the needs assessment method or methods (section 2).

7. Design the training program, including identifying its goals and objectives

(section 3 and the resource list in section 7).

8. Promote the program (section 5).

9. Implement the program (sections 3 and 4).
4 Diversity in the Courts: An FJC Guide

10. Evaluate the program (section 6).

Allow at least three months from planning to implementation. It is a good idea at

various points in the process to assess whether to proceed to the next steps. For example,

once organized, a diversity education planning committee may suggest that the court

training specialist overestimated the unit’s readiness for diversity training. Or after

completing a formal needs assessment, the committee, the training specialist, and the

managers may conclude that they overestimated the unit’s need for training. Developing a

diversity training program should be a constant process of using available information to

decide the best way to meet the basic goal of successful diversity management.

What Does It Mean to Manage Diversity?

Diversity is perhaps one of the most misunderstood concepts in common use. Programs

to promote diversity are broader than equal employment opportunity (EEO) programs or

affirmation action programs (see chart on page 5). These latter efforts were designed to

prohibit discrimination against “protected classes”—a legal term referring generally to

discrete groups found to be historic victims of discrimination in all conditions of

employment—and to ensure the fair and active recruitment, retention, and promotion of

such people as minorities, the disabled, and persons over 40. Although EEO programs

can help create a workplace environment that embraces diversity and alleviates employee

concerns about discriminatory practices, they are not the same as diversity programs (see

“From Affirmative Action to Affirming Diversity,” by R. Roosevelt Thomas, Jr.).

R. Roosevelt Thomas, Jr., an early advocate of diversity initiatives and founder of

the Managing Diversity Institute, describes diversity as the “collective mix of similarities

and differences wherever you might find them.” This mix presents both opportunities and

challenges for managers and other staff. On the one hand, each person brings a unique set

of values, experiences, skills, talents, work styles, and interests to the court. If their

talents are used effectively, employees can contribute to the efficiency of the court. To

maximize productivity, courts need a 100% contribution from each person. On the other

hand, this mixture of people—who may look different, and may have different

professional and personal experiences, values, and priorities—may adversely affect

productivity if their unique perspectives and skills are not respected and used.
Diversity in the Courts: An FJC Guide 5

Affirmative Action, Valuing Differences, and Managing Diversity Compared

Affirmative Action Valuing Differences Managing Diversity

Quantitative: Emphasizes

achieving equality of

opportunity in the work

environment through the

changing of organizational

demographics. Monitored

by statistical reports and

analysis.

Qualitative: Emphasizes the

appreciation of differences and

creating an environment in

which everyone feels valued

and accepted. Monitored by

organizational surveys focused

on attitudes and perceptions.

Behavioral: Emphasizes the

building of specific skills and

creating policies which get the

best from every employee.

Monitored by progress toward

achieving goals and

objectives.

Legally driven: Written

plans and statistical goals for

specific groups are utilized.

Reports are mandated by

EEO laws and consent

decrees.

Ethically driven: Moral and

ethical imperatives drive this

culture change.

Strategically driven:

Behaviors and policies are

seen as contributing to

organizational goals and

objectives, such as profit and

productivity, and are tied to

rewards and results.

Remedial: Specific target

groups benefit as past

wrongs are remedied.

Idealistic: Everyone benefits.

Everyone feels valued and

accepted in an inclusive

environment.

Pragmatic: The organization

benefits; morale, profit, and

productivity increase.

Opens doors in the

organization: Affects hiring

and promotion decisions.

Opens attitudes, minds, and

the culture: Affects attitudes of

employees.

Opens the system: Affects

managerial practices and

policies.

Resistance due to perceived

limits to autonomy in

decision making and

perceived fears of reverse

discrimination.

Resistance due to fear of

change, discomfort with

differences, and desire for

return to the “good old days.”

Resistance due to denial of

demographic realities, the

need for alternative

approaches, and/or benefits

associated with change; and

the difficulty in learning new

skills, altering existing

systems, and/or finding time

to work toward synergistic

solutions.

Source: Gardenswartz, Lee, and Rowe, Anita. Managing Diversity: A Complete Desk Reference and

Planning Guide. Homewood, Ill.: Business One Irwin, 1993. Reprinted with permission. This chart is

keyed to private-sector organizations but is applicable to public-sector organizations, including courts.
6 Diversity in the Courts: An FJC Guide

What specifically are “differences?” Employees can differ on many important

dimensions, from such permanent characteristics as race and gender to such changeable

conditions as skills, educational level, parental status, and income. The important point is

that at any particular time, any organization’s employees will present a rich mixture of

backgrounds and characteristics, and the differences among employees go well beyond

differences that are obvious at first glance.

What does it mean to manage diversity? Managing diversity is defined as managing

an organization’s culture and systems by drawing on individual differences to try to

ensure that each employee is given the opportunity to fully contribute his or her talents

and skills to the mission and success of the organization.

What does this definition mean in practical terms? It means that organizations need to

periodically reevaluate how they conduct their business in order to create an environment

that works for everyone. As the labor force continues to change, managing diversity will

become even more important to the courts. (See Appendix A, which shows changes in

work-force demographics.)

Why Have Diversity Training?

A well-designed diversity training program can be an important element of managing an

organization. The following are some of its potential contributions:

• Employees become more motivated if they see the organization making sincere

efforts to value their uniqueness and tap into the full range of skills and

experiences they bring to the courts.

• Conflict can be managed more effectively, which means more time can be spent

on accomplishing tasks and achieving goals.

• Employee morale improves once people respect one another’s perspectives and

understand their differences and similarities.

• Employees become more loyal to the organization once they have an opportunity

to contribute to the organization and participate in achieving its goals.

• Work teams become more successful when team members contribute their unique

talents to the team effort.

• The criterion for success becomes performance rather than other factors or

characteristics that are not directly related to performance.

• Retention and absenteeism may decline, which means less time and money are

spent on retraining, recruitment, and grievance procedures; employees are more

motivated to come to work in an environment that supports their development.
Diversity in the Courts: An FJC Guide 7

• Communication becomes more effective when information sharing is encouraged;

communication barriers that are perceived differences or lack of acceptance break

down.

• More problems are resolved when everyone is more receptive to different ideas

and alternative solutions.

• Managers become more effective as they become more performance-based in their

relationship with, and evaluation of, employees. They also may be more willing to

listen to ideas from all employees and to reevaluate basic assumptions in other

operations, such as work teams, communication, and decision-making and

problem-solving processes.

[List adapted from LaMountain, Dianne, and Abramms, Bob. The Trainer’s Workshop on Cultural

Diversity.]

Education programs are only one of several ways to address diversity concerns in the

courts. Diversity initiatives should not be limited to educational efforts. Even the most

well-planned diversity program cannot result in real change if enlightened managers and

employees return to a work environment that does not support their new behaviors.

However, education programs on managing diversity can be structured to help managers

assess and change policies and practices, so that the organizational culture promotes

diversity efforts.

Managing diversity in the courts is important because the judiciary should serve as a

positive example by hiring a work force that reflects the diverse public and clients served,

promoting fair employment practices, respecting all employees, and managing effectively

the diversity already represented among court personnel.

9

2

ASSESSING READINESS AND NEEDS FOR DIVERSITY TRAINING

This section will assist court managers and training specialists, and any diversity experts

with whom they work, in understanding some key assessment methods for diversity

training: surveys, interviews, and focus groups.

Part 1 of this section discusses the following:

• how to assess diversity training readiness and build management support;

• reasons for assessing needs for diversity training; and

• three assessment methods (a chart outlining the advantages and disadvantages of

each method is presented in Appendix B).

Part 2 introduces the sample survey procedures and includes:

• the Sample Needs Assessment Survey of Diversity-Related Problems; and

• sample interview and focus group guidelines and protocols.

It is essential that needs assessments be open, fair, and honest, and that those planning the

training be willing to accept the results. The results may suggest problems that no one

had anticipated, or that problems are more serious than anticipated. Conversely, they may

suggest that problems are not as extensive as some had thought.

Part 1: Assessing Readiness for Diversity Training

Before conducting the needs assessment and designing the program, court training

specialists and managers should assess their court’s readiness for diversity training and

should seek to build the proper level of management support. Here are several questions

to think about before planning an education program:

• Does the court or court unit have adequate management support for a

diversity program? A successful diversity training program requires a

commitment of time, energy, money, and resources, especially from upper-level

management. Some mid-level managers and work leaders championing diversity

initiatives within their teams or work groups are no substitute for managerial

support. Managerial support includes verbal and behavioral commitment, from

kicking off training programs or participating in the planning process to giving
10 Diversity in the Courts: An FJC Guide

financial support and showing a willingness to review and change organizational

policies, practices, and procedures.

• Does the court staff have realistic expectations for diversity training? Before

conducting the needs assessment, managers must be open to where the data might

lead them. Be candid with the staff about what they can expect as a result of the

needs assessment and the training.

• Are you willing and ready to develop a training environment that encourages

employees to openly discuss diversity issues? Diversity training is rarely “feel

good” training. It requires employees to confront some of their basic values and

assumptions. Education programs do not create conflicts, but they may bring

conflicts or hostility to the surface. If conflicts cannot surface in the training

program, they will probably surface in unhealthy and less constructive ways. Try

to focus on the opportunities and challenges presented by a diverse workplace.

• Are you willing to plan for diversity as a long-term process of change? No

organizational change occurs overnight. Staff may be even more resistant to

diversity training during times of downsizing. Plan creative follow-up activities,

both formal and informal, to promote diversity goals and initiatives. Education

programs are one strategy to promote organizational changes.

Building Management Support

Upper-level management should be involved in the planning process. They can make

valuable contributions and their support is essential. Managers should demonstrate their

interest and involvement in the following ways:

• The diversity training planning process should include senior managers. At

least one unit executive or senior manager should be a member of the diversity

education planning committee (see section 3). Senior managers should receive

status or progress reports on the needs assessment process and methods, selection

of a consultant, and other planning decisions if they do not choose to be directly

involved in the diversity training committee. They should have a chance to review

the needs assessment instrument used so that they can provide feedback on

methods, questions, and so forth. The process must take into account their

expectations for the program and must reflect the objectives they believe are

important.

• Managers should want to understand what diversity is and why it can be

important for the organization. Section 7 of this guide includes a description of

articles and videos that busy managers will find helpful as introductions to

diversity training.
Diversity in the Courts: An FJC Guide 11

• Managers should have a legitimate interest in specific benefits from diversity

training. They have a right to ask: Will this help my unit function better? Can we

afford the time to do this? Diversity training must be a part of other management

efforts to increase productivity, including team building, conflict resolution,

quality improvements, coaching, and mentoring.

Above all, it is important that the court’s judges and top managers not be surprised by

a diversity training effort. If they learn about it from rumors or stray bits of information,

they will be understandably suspicious.

Why Assess Needs for Diversity Programs?

Court managers may sense that there are diversity-related issues in their courts that can be

addressed through education programs, such as help in dealing with bias or in using the

diversity among court staff to promote productivity and improve working conditions.

However, to design a concrete program, court managers need more than a general sense

of the situation. For example, management may believe that black deputy clerks feel that

their low salary is their most serious problem, but those clerks may in fact believe that the

biggest hindrance to their effectiveness is a lack of training opportunities or lack of a

forum for participating in decisions that affect their work environment.

If court managers build a training program based on unexamined assumptions, they

may address problems that do not exist and may fail to identify problems that do exist.

The purpose of assessing needs for training is to gain a fuller and more detailed

understanding of a court’s needs. Managers can combine information gained from needs

assessments with their own experience and perceptions to structure a training program.

The following are other important reasons for assessing needs before designing programs:

• It is difficult for court managers to assess the need for diversity training, and to

persuade judges and staff of their assessment’s validity, without court-specific

data. In the absence of these data, how do court managers or court training

specialists respond to the comment, “We have no diversity-related issues or

problems in our court, so there is no need for training”? The description of an

isolated incident or two is usually not sufficient to convince staff and judges that

training is needed; often these incidents are viewed as aberrations, which they

may be.

• The needs assessment process sends a clear message to all employees that

diversity concerns are important. Also, the process actively engages court

employees in planning a diversity training program and therefore encourages their

support.

• Each court unit has its own culture, which is determined by location, court size,

management style of the senior staff, and differing characteristics and
12 Diversity in the Courts: An FJC Guide

combinations of characteristics among the staff. Given this range of differences,

diversity-related issues vary substantially among court units. Court managers

cannot assume that diversity-related problems in another court exist in their court.

Finally, needs for diversity training programs can be of different types. For example,

an analysis of hiring and promotion data may reveal that persons with certain

characteristics are in fact being hired less, promoted less, or fired more than others. On

the other hand, an analysis of employees’ perceptions may reveal that some employees do

not believe that others are being hired, fired, or promoted at different rates. Both types of

information—what is occurring and perceptions of what is occurring—are important in

assessing the needs for diversity training and in structuring a response to those needs.

Needs Assessment Methods

Once court managers decide to undertake a systematic diversity education needs

assessment, they should consider using a social scientist to conduct the assessment. A

social scientist can do the following:

• provide expertise in constructing questions or protocols and in interpreting results;

• help ensure confidentiality and objectivity; and

• help ensure that at least one person can devote adequate time to the process.

Even if court training specialists and court managers do not conduct the needs

assessment, they should understand the basics of each step in the process, help identify

appropriate topics, and coordinate the logistics. In some cases, the personnel officer or

another trained employee outside the court (e.g., an Employee Assistance Program

counselor) may be able to facilitate focus groups, or conduct interviews, or do both. (See

section 4 regarding financial assistance for hiring a social scientist.)

The various needs assessment methods can be used to collect data from court

personnel (in an oral or written format; from an individual or group of employees

simultaneously) to identify whether specific diversity-related problems exist, whether

court personnel perceive they exist, and how court employees experience or observe these

problems in their day-to-day interactions with their peers, supervisors, and the public or

clients. The following are factors to consider when choosing a specific method or

methods:

• the breadth, depth, and nature of the questions that need to be asked or problems

that need to be identified. (Do court managers want to assess problems among

court employees only or take a broader approach and assess problems among

court employees as well as between court employees and clients or court users?

Should questions address issues related to race, ethnicity, and gender alone, or

should they cover broader issues and if so, which ones?);
Diversity in the Courts: An FJC Guide 13

• the size of the staff (e.g., it would be time-consuming and costly to interview each

member of a staff of more than fifty people);

• the expertise available, and time and financial constraints (e.g., interviews also

require the use of a trained interviewer from outside the court); and

• staff preferences for individual or group input (e.g., questionnaires allow staff to

provide input individually and may ensure a greater sense of confidentiality than

focus groups do).

USING EXISTING RECORDS

Before designing questionnaires or interview protocols, courts should learn what they can

from existing records. For example, if court managers believe there may be problems in

recruiting, hiring, promotion, and dismissals, they might seek relevant information in

appropriate personnel records and then compare those data with available data from other

court units and with demographic information about the work force in the court’s region.

Having this information may help in the design of questionnaires or interviews that are

used to identify problems as perceived by court employees. After analyzing questionnaire

or interview data, court managers can also get supplementary information as necessary

from existing records.

Similarly, court policies and procedures (including, but not limited to, the court’s

EEO plan, its leave policies, and work schedules) can be reviewed in order to provide a

description of how the court units think they are managing diversity. Because a policy as

stated may differ from what actually happens, questionnaires and interviews, as described

in the next section, can then probe how policy is implemented and how it is perceived to

be implemented.

The important point is to have a clear purpose when beginning any data collection

effort. There is little purpose, for example, in reviewing exit interview reports without

identifying how the information may reveal a need that a diversity training program can

meet.

QUESTIONNAIRES

Questionnaires have several advantages over the other needs assessment methods in that

data can be collected from almost everyone in the organization relatively inexpensively.

Ensuring the proper wording of the questions is more complicated and technical than

it may appear, and expert advice is particularly valuable. An initial decision in

questionnaire preparation is whether to use closed-ended questions, which ask

respondents to select one answer from a predetermined list, or open-ended questions,

which ask respondents to write the answer themselves.
14 Diversity in the Courts: An FJC Guide

Responses to closed-ended questions are usually collected in frequencies (i.e., a

compilation of the number and percentage of respondents selecting each response to a

question). Narrative or open-ended responses are generally collected verbatim and then

grouped together according to the subjects they address. Although the analysis of large

numbers of questionnaires may require special skills and computer programming, many

court units are small enough to allow manual tabulation or tabulation by available

software packages. If an outside expert is used, he or she should have computer skills and

access to computer services appropriate for the level of analysis (see section 4 in this

guide).

A survey expert should be aware of the importance of response rates and ways to

increase them. However, a few courts may opt to use the questionnaire without the

benefit of an expert. A sample questionnaire with explanations of its components is in

part 2 of this section. For a more thorough discussion of questionnaires, see Chapter 8 of

Studying the Role of Gender in the Federal Courts: A Research Guide.

INTERVIEWS

One-on-one interviewing is an opportunity to explore issues in greater depth than

questionnaires provide, since the interviewer can follow up a participant response with

additional questions. Because interviews are very time intensive and therefore usually can

only be conducted with a small percentage of staff, the findings can be generalized to the

entire staff only with special safeguards designed by a survey expert.

Interviews can be unstructured, consisting of a series of open-ended questions;

structured, involving a set of close-ended questions; or a combination of structured and

unstructured. The goals of your needs assessment will determine which categories of

employees to interview (e.g., one person from each job category; all managers or

supervisors; all men, all women, a mix of men and women; all new employees; all people

of color).

The following are other issues to consider:

• Don’t form the interview pool from volunteers.

• Use a standardized interview protocol to encourage consistency across interviews

(see the sample protocol in part 2 of this section).

• Keep questions simple and phrase them objectively.

For a more thorough discussion of interviews, refer to Chapter 9 of Studying the Role

of Gender in the Federal Courts: A Research Guide.
Diversity in the Courts: An FJC Guide 15

FOCUS GROUPS

In a focus group, an interviewer uses a topical guide or protocol to lead six to ten people

in a one-hour to two-hour discussion on a limited number of topics. The goal of focus

groups is to encourage participants to tell their “stories” in their own words. Information

collected from focus groups is qualitative and anecdotal and should not be used to draw

overall conclusions about the incidence of diversity-related problems in the court. The

advantages and disadvantages of focus groups are listed in the chart in Appendix B and in

Chapter 6 of Studying the Role of Gender in the Federal Courts: A Research Guide.

Reporting Needs Assessment Findings

The needs assessment findings should be provided in a report to senior court managers

and, depending on circumstances, to the chief judge or all judges for their approval. The

report will also go to the diversity education planning committee (see section 3) and court

employees. Court employees will be anxious to learn about the results of the needs

assessment, and managers should decide how and when the findings should be shared

with court employees.

Part 2: Needs Assessment Guidelines and Forms

The Federal Judicial Center designed the Sample Needs Assessment Survey of DiversityRelated Problems (see page 20) in response to requests from many court managers for

questionnaires to help them assess employees’ perceptions of diversity-related problems

in their courts. Most courts that undertake a diversity program will want to assess

employees’ perceptions of diversity-related problems so that they understand the barriers

that employees believe are limiting them from being fully productive and effective.

Managers may want to add or delete questions to adapt the survey to their court’s

individual needs.

Ensuring Confidentiality

To receive honest answers and a sufficient number of responses to reach sound

conclusions about conditions in the court, the court must ensure confidentiality of

responses. If employees fear a manager or someone else will find out how they answered

the questionnaire, they may choose not to respond or their answers may not be candid.

Various steps taken by training specialists will assure employees that their answers will

be kept confidential:

• Send the questionnaire directly to employees, rather than through their

supervisors.
16 Diversity in the Courts: An FJC Guide

• Provide the questionnaire in electronic form, so that employees can complete it on

their computers, print it, and send it.

• Keep to a minimum the number of people who will see the completed

questionnaires (i.e., only those analyzing the responses), and choose individuals

who are trustworthy.

• If possible, arrange for a person outside the court to receive the questionnaires,

compile and analyze the responses, and report the results of the analysis to the

court without managers or other employees ever seeing the completed

questionnaires. If possible, provide a metered, preaddressed envelope with each

questionnaire so that employees can return the completed questionnaires directly

to the outside expert or consultant.

• If funds are not available to hire someone, seek other types of assistance. For

example, a social scientist from a local university may be willing to arrange to

have a graduate student compile survey responses for college credit.

• If outside assistance cannot be obtained, select a trustworthy court employee with

appropriate skills to analyze the responses. Provide a box in a neutral location

where questionnaires can be picked up (i.e., the box should not be maintained in

an office).

Response Rate

A high response rate to a questionnaire is necessary to ensure reliable results that can be

generalized beyond the group of people who completed the questionnaire. There are

various rules of thumb about how high a response rate is necessary to allow confidence in

the results, but generally a 50% rate may be adequate if the individuals who did respond

are, based on a statistical analysis, representative of the entire staff and not different (e.g.,

by job title, gender, race, age, marital status) from those who did not respond.

There are several ways to enhance the response rate:

• Use a well-designed questionnaire with carefully worded questions.

• Ensure confidentiality.

• Follow up with those who have not returned the questionnaire.

To facilitate follow-up, some researchers assign a code number to each questionnaire.

Information about the code number associated with each questionnaire should be

maintained on a separate list and seen and used only by the person who is administering

the questionnaire. The assigned number is recorded in an unobtrusive place on the

instrument (e.g., in the bottom right-hand corner of the last page, or in a corner on the

opposite side of the last page). After the deadline for submitting completed

questionnaires, the person administering the questionnaire should send a follow-up letter
Diversity in the Courts: An FJC Guide 17

to recipients who have not responded asking them to please do so by a specific date. A

third follow-up may not be necessary but should be considered if the response rate is still

low.

Another option, especially if the number of employees surveyed is small, is to not use

code numbers on the questionnaire and to send a follow-up letter to all recipients. The

follow-up letter to all recipients should include a sentence similar to: “If you have already

returned your questionnaire, we thank you for your prompt response. If not, we hope you

will return it by (date).”

Analysis of Results

Analyzing the results of questionnaire data, like constructing the questions themselves,

can be more complicated than it first appears. It is especially important to be alert for

inferences that may appear plausible at first glance but that are called into question by

more exacting analysis. Chapters 4 and 11 of Studying the Role of Gender in the Federal

Courts: A Research Guide provide guidance on how to avoid mistakes in the overall

approach to analysis of quantitative data, and particular problems to be avoided.

Cover Letter

A sample cover letter for the needs assessment survey is provided on page 19. Managers

can adapt the cover letter to their needs, but should include the following important

elements:

• the survey’s purpose;

• the purpose of the training program;

• why it is important for each person to complete the questionnaire;

• if the questionnaires are coded, a statement that questionnaires are coded merely

to facilitate follow-up with nonrespondents and that code numbers will not

compromise respondents’ anonymity or confidentiality;

• the name of a person respondents can contact if they have questions; and

• the date the completed questionnaire should be returned.

Optional Personal Data Form

The survey includes an optional personal data form (see page 30). If it is used, stress that

it is completely optional. According to sound equal employment opportunity policy,

managers should not force employees to answer questions like these. While the responses

to the entire questionnaire should be voluntary, it is especially important that these

questions be voluntary because they are clearly intrusive.
18 Diversity in the Courts: An FJC Guide

The issue of trust is a major consideration in using the optional personal data form.

As the note preceding the form explains, the purpose of collecting these data is merely to

compare patterns of responses for various groups of employees. For example, someone

designing a diversity education program for a particular court unit might find it useful to

know that a majority of the male employees with small children find it problematic not to

have flexible working hours and locations, just as female employees with small children

do.

There are several advantages to using the data form. The responses can help ensure

that the training program and learning strategies address specific perceptions and

experiences of particular groups. Those designing the training will know the areas of

concern for the staff as a whole and for different types of staff; those areas can be

structured into the training. If the form is excluded, such data will be unavailable and the

training program, as well as subsequent strategies, may be less effective.

The data collected on the form can document the range of diversity characteristics

among staff and thus help employees understand that diversity is not restricted to race,

ethnicity, gender, and physical ability. If individuals define themselves as diverse on

nonvisible dimensions, they may begin to understand how the range of differences affect

perceptions, values, and behavior. Employees may feel more confident knowing that a

majority of people in their organization feel that they are different or unique and that they

share some common or parallel experiences and values. The data collected on the form

may help dispel the “we versus them” mentality that exists in some organizations.

There are also disadvantages to using the data form. The form may alienate some staff

members, especially if there are already tensions in the office. People different from the

majority may be highly suspicious of how the data on this form will be used, based in

part on prior negative experiences. In other words, the use of the form in certain work

environments may create more problems than it solves. Employees may respond

dishonestly if they find questions too intrusive, or if they mistrust the promise of

confidentiality.

Optional Add-On Survey for Managers

An optional add-on survey for managers can be attached to the questionnaire (see page

33). This survey seeks data on diversity-related problems that managers are most likely to

encounter and experience. It also seeks information about managers’ self-perceptions of

their responsibilities, so confidentiality of these responses is important too, especially in

small courts. Education programs could be structured to address managers’ perceptions of

management-specific issues.

The add-on survey is supplemental to the main questionnaire; therefore, managers

should complete either the main questionnaire only or the main questionnaire and the

optional add-on survey.
Diversity in the Courts: An FJC Guide 19

Sample Cover Letter for a Diversity Needs Assessment Survey

Dear Court Employee:

The court is developing a training program for (indicate if training is for all court

employees or just managers or line staff, and for the entire district or a particular court

unit, etc.) that will recognize the diversity of our work force and help improve

opportunities for all of us to contribute to the work of the court. The program will be held

on (date) at (time) in (location).

So that we can design a program that will meet the specific needs of (court unit), we

are asking all employees to complete the attached needs assessment survey. The

completed surveys will be sent directly to (name of recipient), who will compile and

analyze the results and help design the training program with the assistance of a

committee of court employees.

It should take forty-five minutes to an hour to complete the questionnaire. Your

response is critical; we need to understand the perceptions, experiences, and observations

of all staff in order to design activities and exercises for the training program that address

staff priorities. Only (name of recipient) will see the individual responses. (We have

placed a code number on each questionnaire merely to facilitate follow-up with those

who do not respond.)

Please return the completed questionnaire by (date; usually about three weeks from

the date questionnaires are distributed) in the enclosed self-addressed envelope. If you

have questions about the questionnaire or about the diversity training program, please see

(contact person in the court; usually the court training specialist).

Thank you for your cooperation.

Sincerely,

(name and title of the person 

sending this letter, usually the

court training specialist)

Enclosure
20 Diversity in the Courts: An FJC Guide

Sample Needs Assessment Survey of Diversity-Related Problems

This first set of questions asks for your perceptions of the nature and magnitude of

problems, if any, related to the diversity of your court unit. For the purpose of this survey,

diversity is described as differences in characteristics, such as race, ethnicity, age, gender,

language, sexual orientation, and physical ability, or combinations of these

characteristics.

Please indicate the extent to which you believe each of the following items is a

problem in your court unit by checking one response for each item.

1

Not at all a

problem

2

A small

problem

3

A moderate

problem

4

A large

problem

5

A grave

problem

6

No

opinion

1. Insufficient diversity in the

staff overall.

[ ] [ ] [ ] [ ] [ ] [ ]

2. Insufficient diversity in the

staff above CPS level 26

(or the JSP-10 level).

[ ] [ ] [ ] [ ] [ ] [ ]

3. Inadequate language skills

of employees.

[ ] [ ] [ ] [ ] [ ] [ ]

4. Employees’ resistance to

working with people

different from themselves.

[ ] [ ] [ ] [ ] [ ] [ ]

5. Slurs, jokes, or negative

comments by staff about

people based on such

characteristics as race and

gender.

[ ] [ ] [ ] [ ] [ ] [ ]

6. Unwanted verbal or

physical sexual advances

or harassment by

employees against other

employees.

[ ] [ ] [ ] [ ] [ ] [ ]
Diversity in the Courts: An FJC Guide 21

1

Not at all a

problem

2

A small

problem

3

A moderate

problem

4

A large

problem

5

A grave

problem

6

No

opinion

7. Unwanted verbal or

physical sexual advances

or harassment by

attorneys, litigants, and

other court users against

employees.

[ ] [ ] [ ] [ ] [ ] [ ]

8. Employees’ poor treatment

of court users who are

different from themselves.

[ ] [ ] [ ] [ ] [ ] [ ]

9. Inappropriate comments

by employees about other

employees’ physical

appearance or clothing.

[ ] [ ] [ ] [ ] [ ] [ ]

10. Inappropriate comments

by attorneys, litigants, and

other court users about

employees’ physical

appearance or clothing.

[ ] [ ] [ ] [ ] [ ] [ ]

11. Discrimination in hiring,

promotions, or other

conditions of employment.

[ ] [ ] [ ] [ ] [ ] [ ]

12. Employees’ fear of reprisal

if problems of bias or

discrimination are brought

forward.

[ ] [ ] [ ] [ ] [ ] [ ]

13. Difficulty recruiting or

retaining employees who

are different from the

majority.

[ ] [ ] [ ] [ ] [ ] [ ]
22 Diversity in the Courts: An FJC Guide

1

Not at all a

problem

2

A small

problem

3

A moderate

problem

4

A large

problem

5

A grave

problem

6

No

opinion

14. Productivity problems due

to employees not working

together well because of

differences in race, gender,

ethnicity, etc.

[ ] [ ] [ ] [ ] [ ] [ ]

15. Failure of employees to

appreciate individuals for

their unique contributions

to the organization.

[ ] [ ] [ ] [ ] [ ] [ ]

16. Exclusionary employee

cliques based on such

characteristics as race,

language, and gender.

[ ] [ ] [ ] [ ] [ ] [ ]

17. Barriers in promotion for

employees who are

different from the

majority.

[ ] [ ] [ ] [ ] [ ] [ ]

18. Employees’ inadequate or

poor skills in

communicating with other

employees and court users

from diverse backgrounds.

[ ] [ ] [ ] [ ] [ ] [ ]

19. My uncertainty about

appropriate terminology or

labels to use when

referring to or talking with

individuals from

backgrounds different

from mine.

[ ] [ ] [ ] [ ] [ ] [ ]

20. Frustrations and irritations

for me resulting from

cultural differences among

staff.

[ ] [ ] [ ] [ ] [ ] [ ]
Diversity in the Courts: An FJC Guide 23

1

Not at all a

problem

2

A small

problem

3

A moderate

problem

4

A large

problem

5

A grave

problem

6

No

opinion

21. Little opportunity for midlevel and lower-level

employees to participate in

appropriate organizational

decision-making or

problem-solving processes.

[ ] [ ] [ ] [ ] [ ] [ ]

22. Little opportunity for

individuals from diverse

backgrounds to participate

in appropriate decisionmaking and problemsolving processes.

[ ] [ ] [ ] [ ] [ ] [ ]

23. For each of the following dimensions of diversity, please indicate whether or not that dimension:

(1) affects your day-to-day interactions with fellow staff, supervisors, court users, or clients, and

(2) affects the opportunities (for hiring, promotion, training, etc.) that people in your court unit receive.

For each dimension, circle one response in column 1 and one response in column 2.

Dimension

1

Affects day-to-day interactions?

2

Affects opportunities people receive?

a. Race Yes No Yes No

b. Ethnicity Yes No Yes No

c. Gender Yes No Yes No

d. Religious affiliation Yes No Yes No

e. Sexual orientation Yes No Yes No

f. Age Yes No Yes No

g. Disability Yes No Yes No

h. Language (e.g.,

accents, regionalisms)

Yes No Yes No

i. Parental status Yes No Yes No
24 Diversity in the Courts: An FJC Guide

Dimension

1

Affects day-to-day interactions?

2

Affects opportunities people receive?

j. Marital status Yes No Yes No

k. Salary level Yes No Yes No

l. Education Yes No Yes No

If you circled yes for any dimensions above, please give examples of the kinds of effects you have seen or

experienced.

a. Race ______________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

b. Ethnicity ___________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

c. Gender ____________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

d. Religious affiliation __________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

e. Sexual orientation ___________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________
Diversity in the Courts: An FJC Guide 25

f. Age _______________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

g. Disability __________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

h. Language (e.g., accents, regionalisms) ___________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

i. Parental status ______________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

j. Marital status _______________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

k. Salary level ________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

l. Education __________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________
26 Diversity in the Courts: An FJC Guide

The next set of questions relate to your perceptions of diversity-related policies in your

court unit and whether they are practiced. For the purposes of this survey, a policy is a

written rule. A practice is usually not written, but there is an understanding that a

particular procedure or set of procedures have been adopted, used, and accepted by your

court unit. Please check the one response that best describes whether a policy or practice,

or both exist in your court unit for each of the following items.

1

Policy only

2

Practice only

3

Policy and

practice

4

 Neither policy nor

practice exists

24. Flexible work schedules to

accommodate elder-care or

child-care needs of the staff.

[ ] [ ] [ ] [ ]

25. Flexible work locations. [ ] [ ] [ ] [ ]

26. Fair or adequate leave for childbirth. [ ] [ ] [ ] [ ]

27. Fair or adequate leave for adoption. [ ] [ ] [ ] [ ]

28. Equal employment opportunity. [ ] [ ] [ ] [ ]

29. Managing diversity. [ ] [ ] [ ] [ ]

30. Staff performance system (to set

standards; monitor, evaluate, and

encourage good employee

performance; and identify areas for

development).

[ ] [ ] [ ] [ ]

31. Managerial performance system (to

allow employees to assess

performance of supervisors and

managers, and to identify areas for

development).

[ ] [ ] [ ] [ ]

32. Dealing with sexual harassment. [ ] [ ] [ ] [ ]

33. Continuing education or staff

development.

[ ] [ ] [ ] [ ]

34. Physical access for people with

disabilities.

[ ] [ ] [ ] [ ]
Diversity in the Courts: An FJC Guide 27

35. Are there any other diversity-related problems or concerns you have that were not addressed above? If

so, please describe them below.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

These last few questions concern the type of diversity training, if any, you believe is

needed in your court unit. Diversity training can enhance your understanding and

knowledge about the diversity of the work force and those who are different from you in

race, gender, age, ethnicity, sexual orientation, religion, physical ability, educational

level, parental or marital status, and so forth. Diversity training also teaches skills for

assessing how individual behavior and organizational policies and practices can affect

opportunities for staff to contribute to the organization’s mission.

36. In what areas do you think diversity training is needed in your court unit? Please check each area in

which you think training is important. Please check l if you think no training is needed in your court

unit.

a. ________ General training in awareness of the changing work force and its implications for the

courts, the purpose and relevance of diversity training to the courts, how diversity

training differs from equal employment opportunity and affirmative action programs,

and what it means to “value or manage differences.”

b. ________ Training about the nature and impact of individual values, stereotyping, assumptions.

c. ________ Skills training in communication, conflict management, team building, problem

solving, decision making, total quality management, or managing change.

d. ________ Training that explores the impact of staff diversity on alternative work schedules and

locations, and job sharing and how these various options affect the work environment.

e. ________ Training on equal employment opportunity policy and related policies as they apply to

the judiciary.

f. ________ Training on grievance procedures for court employees.

g. ________ Training on the nature of sexual harassment and gender discrimination.
28 Diversity in the Courts: An FJC Guide

h. ________ Training on the nature of racial discrimination.

i. ________ Training on how to deal with “backlash” (i.e., resentment of the attention given to

diversity issues).

j. ________ Other training (please describe). ___________________________________________

_________________________________________________________________________________

k. ________ A combination of the above (please specify). _________________________________

_________________________________________________________________________________

l. ________ No training is needed in this court unit.

37. Would you prefer separate training sessions for supervisors and non-supervisory staff, training for all

employees simultaneously, or a combination? Please check one. If you check c, please explain the

combination you would prefer. If you have no preference or don’t know, please check d.

a. _______ Separate training sessions for supervisors and non-supervisory staff.

b. _______ Combine supervisors and non-supervisors in the same training sessions.

c. _______ Combination of the above (please explain). __________________________________

_________________________________________________________________

_________________________________________________________________

d. _______ Don’t know; no preference.

38. Are you a supervisor or non-supervisory staff member? Please check one.

a. _______ supervisor

b. _______ non-supervisory staff
Diversity in the Courts: An FJC Guide 29

39. Are there any other issues of concern to you that are related to office interactions or policies regarding

race, gender, sexual orientation, ethnicity, religion, age, physical ability, and so forth? If so, please

describe them below.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

40. Are there positive and constructive office interactions and experiences among diverse staff members

in your court unit that you would like to describe? If so, please describe them below. Also, please

describe the strategies and methods, if any, that have been used to create such a positive work

environment. If not, leave this question blank.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________
30 Diversity in the Courts: An FJC Guide

Sample Optional Personal Data Form

This optional, confidential form will help determine whether the court’s problems, if any,

primarily affect particular groups of employees, such as non-supervisors or specific

minority groups. With this information, those designing the program can determine how

best to structure the training and which specific concerns should be addressed through

training.

You are not required to complete any of the questions on this form.

The purpose of the questions is to gather information helpful in designing the training

program. If you do choose to complete this form, your responses will not be seen by

anyone but (name of recipient). That person will prepare a summary of the information

based on all returned questionnaires, for use in designing the program.

If you choose to answer the following questions, please place a check on the line next

to the appropriate response or fill in the requested information.

1. Position title ________________________________________________________________________

2. Court division

a. ________ Appellate Clerk’s Office

b. ________ District Clerk’s Office

c. ________ Bankruptcy Clerk’s Office

d. ________ Probation Office or Pretrial Services Office (circle one or both)

e. ________ Other (please specify) _____________________________________________________

3. Age

a. ________ under 21

b. ________ 21–29

c. ________ 30–39

d. ________ 40–50

e. ________ over 50
Diversity in the Courts: An FJC Guide 31

4. Number of years employed by this court

a. ________ under 3

b. ________ 4–8

c. ________ 9–13

d. ________ 14–18

e. ________ 19–23

f. ________ 24–29

g. ________ over 29

5. Race/Ethnicity

a. ________ African American

b. ________ Hispanic/Latino-American

c. ________ Asian/Pacific Islander

d. ________ Native American

e. ________ Caucasian

f. ________ Other (please specify) ____________________________________________________

6. Religious affiliation if any

a. ________ Christianity

b. ________ Judaism

c. ________ Islam

d. ________ Other (please specify) ____________________________________________________

7. Parental status: Do any persons under the age of 18 live with you in your home? (Please include stepchildren, foster children, and relatives, as well as biological children.)

a. ________ No (Go to question 8.)

b. ________ Yes

Number of such persons in your home __________________________________________________

Please list their ages ________________________________________________________________
32 Diversity in the Courts: An FJC Guide

8. Marital status

a. _______ Single

b. _______ Married

c. _______ Divorced

d. _______ Widowed

e. _______ Have significant other (check only if living with)

9. Gender

a. _______ Male

b. _______ Female

10. Would you describe yourself as having physical or mental disabilities that may affect your work?

a. _______ Yes

b. _______ No

Please return this completed questionnaire in the pre-addressed envelope to (name and

address of recipient).
Diversity in the Courts: An FJC Guide 33

Sample Optional Add-On Survey for Managers

This set of questions for managers is provided to collect data on diversity-related

problems that managers are most likely to encounter or experience. For the purposes of

this survey, managers are defined as employees who must complete performance

appraisals for at least one staff member. Please note that managers should complete either

the main questionnaire only, or the main questionnaire and the optional add-on survey.

1. Please indicate the extent to which you believe each of the following items is a problem in your office

by checking one response for each item.

1

Not at all

a problem

2

A small

problem

3

A moderate

problem

4

A large

problem

5

A grave

problem

6

No

opinion

a. Increase in equal employment

opportunity complaints about

discrimination in hiring,

promotions, or other conditions

of employment in the last five

years.

[ ] [ ] [ ] [ ] [ ] [ ]

b. Increase in employee

grievances in the last five

years.

[ ] [ ] [ ] [ ] [ ] [ ]

c. Lack of structure or standard

organizational procedures for

involvement of staff in

appropriate decision-making

and problem-solving processes.

[ ] [ ] [ ] [ ] [ ] [ ]

d. Difficulty motivating a

particular group of employees.

[ ] [ ] [ ] [ ] [ ] [ ]

e. Difficulty resolving problems

with clients, employees, or

court users who are different

from you.

[ ] [ ] [ ] [ ] [ ] [ ]
34 Diversity in the Courts: An FJC Guide

1

Not at all

a problem

2

A small

problem

3

A moderate

problem

4

A large

problem

5

A grave

problem

6

No

opinion

f. Lack of a systematic method

for tracking employee

turnover and reasons for

turnover.

[ ] [ ] [ ] [ ] [ ] [ ]

g. Lack of participation by

diverse staff in informal workrelated activities that lead to

professional development.

[ ] [ ] [ ] [ ] [ ] [ ]

2. For each of the following statements, please indicate whether you agree or disagree.

Agree Disagree

a. A certified court interpreter should be available to translate for

defendants and witnesses who speak no English or for whom

English is a second language.

[ ] [ ]

b. Managers should be evaluated, in part, on whether they recruit,

hire, train, and develop diverse employees.

[ ] [ ]

c. There is little opportunity or flexibility in this court for staff to

choose different ways to be rewarded and recognized (e.g., public

vs. private recognition, monetary rewards vs. administrative

leave).

[ ] [ ]

d. I lack adequate skills in communicating with employees, clients,

and court users from diverse backgrounds.

[ ] [ ]

e. I am uncertain about appropriate terminology or labels to use

when referring to or talking with individuals from backgrounds

different from mine.

[ ] [ ]

f. There is little opportunity for the diverse members of the staff to

participate in training and development opportunities.

[ ] [ ]

g. There is little opportunity for mid-level and lower-level staff to

participate in training and development opportunities.

[ ] [ ]
Diversity in the Courts: An FJC Guide 35

3. Do you have any other comments about diversity-related issues you encounter as a manager? If so,

please write them below.

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

Please return this completed questionnaire in the pre-addressed envelope to (name and

address of recipient).
36 Diversity in the Courts: An FJC Guide

Interviewing Guidelines

The following are some guidelines to help those who conduct employee interviews as

part of the needs assessment.

1. The interviewer begins by introducing himself or herself to the respondent,

explaining the purpose of the interview and the training, explaining how the

respondent was selected, and reassuring the respondent that all efforts will be

made to keep the interview confidential.

2. If the interview will be taped, the interviewer asks the respondent for permission

to tape-record the interview and explains why taping is important.

3. The interviewer follows written questions like those in the protocol on the next

page, but is flexible enough to follow up with other questions not included in the

protocol. The interviewer also takes detailed notes on these spontaneous

comments.

4. Once the interview is over, the interviewer thanks the respondent and explains

that he or she might be contacted to clarify answers or respond to additional

questions.
Diversity in the Courts: An FJC Guide 37

Sample Protocol for Structured Interviews for All Staff

The following twelve questions are designed to be illustrative in scope and format. These

sample questions are not intended to be used as the sole questions for an interview.

1. Do you feel that some or all of the staff resist working with people different from themselves?

[ ] 1 Yes

[ ] 2 No

[If yes, continue to Question 2; if no, skip to Question 3.]

2. Do you feel that this staff resistance is based upon differences in: [Interviewer should read each

characteristic separately and check if a yes or no response.]

a. Race?

[ ] 1 Yes

[ ] 2 No

b. Gender?

[ ] 1 Yes

[ ] 2 No

c. Ethnicity?

[ ] 1 Yes

[ ] 2 No

d. Educational level?

[ ] 1 Yes

[ ] 2 No

e. Rank in organization?

[ ] 1 Yes

[ ] 2 No
38 Diversity in the Courts: An FJC Guide

f. Age?

[ ] 1 Yes

[ ] 2 No

g. Sexual orientation?

[ ] 1 Yes

[ ] 2 No

h. Other dimensions? (please describe)___________________________________________________

i. Combinations of the above dimensions? (please indicate letters) ____________________________

3. In the past year, have you heard a court employee make a slur, joke, or negative comment about people

different from himself or herself?

[ ] 1 Yes

[ ] 2 No

a. If so, about how often have you heard these comments in the past year?

_____ times

b. Do these comments come from only one or two people, or from several?

[ ] 1 One or two people

[ ] 2 Several people (Interviewer asks for an estimate of the number of people) _____________

c. What differences are the comments based on? (e.g., gender, age, ethnicity, race)

__________________________________________________________________

4. In the past year, has a court employee made unwelcome comments to you about your physical

appearance?

[ ] 1 Yes

[ ] 2 No

5. In the past year, has a court employee made unwelcome sexual advances toward you?

[ ] 1 Yes

[ ] 2 No
Diversity in the Courts: An FJC Guide 39

6. In the past year, has a judge made unwelcome comments to you about your physical appearance?

[ ] 1 Yes

[ ] 2 No

7. In the past year, has a judge made unwelcome sexual advances toward you?

[ ] 1 Yes

[ ] 2 No

8. In the past year, has an attorney, litigant, or other court user made unwelcome comments to you about

your physical appearance?

[ ] 1 Yes

[ ] 2 No

9. In the past year, has an attorney, litigant, or other court user made unwelcome sexual advances toward

you?

[ ] 1 Yes

[ ] 2 No

[Interviewer says, “Now I’d like to ask a few questions about the personnel policies in your office.”]

10. Does your office have flexible work schedules to accommodate the elder-care or child-care needs of

the staff?

[ ] 1 Yes

[ ] 2 No

[ ] 3 Don’t know

[If yes, continue to Question 11; if no or don’t know, skip to Question 12.]

11. How are these work schedules working out in practice?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________
40 Diversity in the Courts: An FJC Guide

12. Do you think your leave policy for childbirth is fair as written? as practiced?

[ ] 1 Yes, the policy is fair as written and as practiced.

[ ] 2 No, the policy is not fair as written or as practiced.

[ ] 3 The policy is fair as written but not as practiced.

[ ] 4 The policy is fair as practiced but not as written.

[ ] 5 Don’t know about such a policy.
Diversity in the Courts: An FJC Guide 41

Focus Group Guidelines

Focus groups will not be used as often as other methods. Those who elect to use them

should keep the following points in mind.

• Focus groups should be held in a neutral, private, quiet, convenient location

arranged by the court and moderator.

• If the consultant cannot conduct all the focus groups, he or she should be asked to

prepare guidelines for moderators. The moderators should be given written

discussion guidelines that describe the purpose of the focus group and how the

sessions should be structured.

• The moderator should arrange for audiotaping equipment and extra blank

audiotapes.

• The moderator should begin by introducing himself or herself and the note-taking

assistant, and explaining “ground rules” (e.g., only one person should speak at a

time, and participants should direct their comments to each other as well as to the

moderator).

• The moderator should explain the purpose of audiotaping equipment and assure

participants that names will not be associated with any comments when tapes are

transcribed.

• The moderator should follow the guidelines in Chapter 6 of Studying the Role of

Gender in the Federal Courts: A Research Guide by Molly Treadway Johnson.
42 Diversity in the Courts: An FJC Guide

Sample Focus Group Protocol

Focus group protocols should include six to ten basic questions with follow-up questions

ranked in order of priority (e.g., questions that raise issues that will generate the most

discussion or are of the greatest interest based on information collected in a survey,

during one-on-one interviews, or through less formal methods should be asked first). The

following are sample questions.

(General open question for non-supervisory staff)

1. Is your office environment generally a positive one for everyone regardless of

their positions, physical characteristics, or other differences?

(Follow-up questions)

2. In what ways is the environment less positive for certain groups of employees?

Are certain groups of employees treated differently? How are they treated

differently? (e.g., Are they given similar promotional or training opportunities, or

new job assignments? Are they included in informal networking activities?)

(General open question for court managers)

3. Do you have any difficulty motivating specific groups of employees, such as

female employees, older employees, or Latino employees?

(Follow-up questions)

4. In what ways have you had difficulty motivating these groups? What motivation

techniques have you used? How have they not worked with specific groups?

(General open question for court managers)

5. Do you feel that the employees in your office adequately reflect the diversity in

the labor force within your region?

(Follow-up questions)

6. How do you usually recruit and hire new staff? Where do you advertise? Who

participates in the interviewing process? Who monitors the applicant pool to

ensure that members of protected classes are included? What are your monitoring

procedures?
43

3

DESIGNING THE PROGRAM

This section will help court managers and training specialists design a program through a

specific planning process. The first part of this section is a description of the diversity

education planning committee, including its composition, structure, and tasks. The

second part describes program pointers and pitfalls for court managers and committees to

consider before designing a training program. The next part on program formats will help

managers recognize a sound program design, and the final part presents sample curricula

outlines for two types of education programs: one program for general staff and a

separate program for managers. Following a description of suggested follow-up activities

and programs are sample exercises and court-specific case studies.

Courts are ready to implement the guidelines in this section if they

• have made a firm commitment to diversity training;

• are willing to devote time, energy, and resources to the effort; and

• believe in the importance of creating a diversity program.

Planning the Training: Establishing a Diversity Education Planning

Committee

Diversity training, perhaps more than any other education program, should be planned by

a group of diverse court employees, rather than by one or two people, for several reasons.

First, the input of diverse staff with different experiences, expertise, and positions in the

court helps ensure that a broad range of concerns and issues are identified. Second, by

participating in the process and learning about the topic, court employees will become

educated about diversity issues and committed to dealing with them. Third, the use of the

committee structure helps spread the work among five or six individuals, which decreases

the amount of time one person must devote to this effort.

Videotapes annotated in section 7 can be used by planning committee members to

learn more about diversity. For example, Dynamics of Diversity, produced by American

Media; A Winning Balance, produced by BNA Communications; and A Tale of “O,”

produced by Goodmeasure, Inc., are three educational videotapes that can be used for this

purpose.

The following are common questions about the structure and composition of the

diversity education planning committee.
44 Diversity in the Courts: An FJC Guide

1. When should the planning process begin?

Organize a planning committee at least three months before the training is to be

implemented. Committee members and court staff will need this time to educate

themselves about the topic, assess needs for training, and build management and staff

support.

2. How many people should be on the committee?

This depends, in part, on the size of the staff and whether the court has a full-time

court training specialist. The committee should be large enough to include staff members

from different job categories, but small enough to be productive—from about four to

eight committee members is ideal.

3. Who should be on the committee?

Ask for volunteers, but make it clear that not everyone who wants to be on the

committee will be selected. Make the selection criteria clear: The committee should have

representation from several major job categories (professional and administrative support

staff). It is critical that the committee include a senior-level manager and a mid-level

manager. Also consider including a staff person who is skeptical about the program but

open-minded. He or she can represent the perspectives of other staff who may be

skeptical. The committee should also be diverse; it should represent people of color,

women, staff who are married, and staff who are single, staff who have children, and staff

who do not have children. The committee should not be limited to people of color or

women, or staff may perceive diversity as merely a program for select groups.

4. Should there be a chair or facilitator of the committee?

The committee needs at least one or two persons—chair or co-chairs, facilitator or cofacilitators—to oversee and coordinate the process, to make sure the committee’s tasks

are clear and completed on schedule, and to communicate the committee’s progress and

direction to the clerk, chief probation officer, or chief pretrial services officer. If two

people get the assignment, one of them should be a court training specialist.

5. What are the committee’s tasks?

Whatever committee tasks the committee members identify under the direction of the

facilitator or co-facilitators, those tasks must be clear from the beginning. Possible

committee tasks include discussing with senior management the planning process for

diversity training; deciding the needs assessment methods to use; deciding whether to use

outside experts and if so, how to select them; discussing methods of building

management and staff support; preparing staff for the training; consulting with the

outside expert on program design, implementation, and evaluation; and identifying

follow-up strategies. If the committee has more than ten members, facilitators may
Diversity in the Courts: An FJC Guide 45

organize subcommittees to work on specific tasks and to report to the committee as a

whole. Subcommittees might also include a few people not on the committee, but this

should be discussed with committee members.

6. Should committee members be involved in the training program?

Committee members, as appropriate, may serve as small-group facilitators for the

diversity exercises, role-plays, or case studies that are used in the training program. They

may also help introduce some of the exercises.

7. Should the committee disband after the training program has been

implemented and evaluated?

The committee’s work might end with the training program, but the members should

be involved in any discussions about next steps. For example, any committees formed for

follow-up activities and initiatives should include one or two members of the diversity

education planning committee for continuity.

General Program Guidelines

As the diversity education planning committee is educating itself about its job it should

also begin envisioning the type of overall program that should be delivered. The

following pointers and pitfalls provide some general program guidelines.

Diversity Training Pointers

• If the committee chooses to use outside consultants, select committed,

experienced experts (see section 4 on finding and working with outside experts).

• Use structured learning activities that are planned with input from participants, or

committee members, or both.

• Focus on the 95% of participants who are willing to learn and are open to the new

experiences and ideas that are introduced by the training, rather than the 5% of

participants who are fearful, suspicious, or cynical.

• Create an environment in which participants are assured confidentiality.

• Acknowledge the present situation and aim for the future. There is no need to

dwell on past injustices or prejudices, although some historical orientation to the

development of diversity as a management issue may be necessary.

• Incorporate diversity issues and concerns into other appropriate training programs

(see the information on training formats in this section).
46 Diversity in the Courts: An FJC Guide

• Use every opportunity to incorporate diversity perspectives into all court

operations.

Diversity Training Pitfalls

• Avoid programs that are dominated by lecture; present interactive and experiential

programs.

• Avoid preachy presentations; focus on self-assessment, reflection, and awareness.

• Do not have sessions that are exclusively conducted by women and people of

color. Using two experts from different backgrounds and with different

characteristics (obvious and not so obvious) illustrates diversity, but always be

sensitive to the diversity of the participants.

• Avoid programs that seek to change attitudes and opinions rather than seek to

change behaviors.

• Do not rely on training that focuses only on building awareness and does not

emphasize building skills in such areas as communication, conflict resolution, and

team building.

• Do not hire content experts who design exercises and case studies without input

from committee members or other court employees.

• Do not design a curriculum without conducting a needs assessment.

[Diversity training pointers and pitfalls adapted from Karp, H. B., and Sutton, Nancy. “Where Diversity

Training Goes Wrong.” Training 7 (July 1993): 30–34; and Zimmerman, Gordon. “One More Time: How

Do We Teach Gender Fairness?” National Association of State Judicial Educators News 7 (Fall 1992): 1,

10).]

Training Formats

The training format is another consideration for the diversity education planning

committee when planning diversity training programs. The training format addresses the

following:

• how the program is implemented (i.e., as a single-focus program devoted entirely

to the topic of diversity, or as a module or topic incorporated into another

program);

• the duration of the program;

• the skill level of the participants (i.e., beginning, intermediate, or advanced level);

• the type of audience (i.e., supervisors, non-supervisors, or both); and
Diversity in the Courts: An FJC Guide 47

• the class size.

The best training format for a particular court depends on the needs assessment

results, resources available, commitment of management to diversity initiatives, and size

of the staff. The following comments about training formats are based on the experiences

of diversity training experts and court training specialists who have already planned

diversity training programs.

• How the program is implemented. Single-focus programs are often necessary,

especially as diversity training is introduced to all staff, but such programs are not

sufficient. Incorporating diversity issues into other training programs illustrates

that diversity initiatives are not an ancillary, isolated effort. Several courts are

incorporating diversity initiatives into programs on interviewing skills,

recruitment and selection of new employees, orientation of new employees,

communication, problem solving, team building, conflict resolution, performance

management and review, coaching and development of employees, and

motivation of employees.

• Duration of the program. Education programs less than four hours in length

usually cannot adequately cover the issues and provide time for feedback and

discussion. Two-hour or three-hour sessions incorporated into a larger program

may be effective if more extensive diversity training (i.e., four to eight hours) has

already been conducted, or if a more substantive and longer follow-up program is

already on the training calendar. Managers, court training specialists, and training

committees can plan specific follow-up programs, activities, and other initiatives

so that the diversity training does not begin and end with one program.

• Level of training. If diversity training is being conducted for the first time,

introductory training is necessary. Follow-up programs should take participants to

another level, teach new skills, address specific problems or concerns uncovered

in the needs assessment, and provide opportunities for organizational action

planning.

• Type of audience. Whether supervisors and staff should attend the same training

sessions depends on the level of training (i.e., whether it is an initial or follow-up

training session), the level of trust among the supervisors and non-supervisors,

and the duration of the program. Unless there is a high level of trust between

managers and staff, courts should plan separate sessions to allow both groups to

identify specific issues in an environment that assures confidentiality. Senior-level

managers need to learn about the concerns of all employees in an environment

that is conducive to their listening. The aggregate data from the needs assessment

will be enlightening to managers and will help the diversity education planning

committee decide on ways to structure the training according to audience type.
48 Diversity in the Courts: An FJC Guide

• Class size. Programs that include more than forty participants are not as effective

as those that include fewer than forty participants. Participants need sufficient

time to discuss issues in small groups, with partners, and with the entire group,

and to process exercises and activities.

Goals of Diversity Training

Once you have assessed your court’s readiness for diversity training (see beginning of

section 2), have the support of senior managers, have established the diversity education

planning committee, and have reviewed the results of the needs assessment, you are ready

to think about the program design. There are several general goals for training programs,

and there are specific components that should be incorporated into an introductory

diversity training program. Understanding the various goals and components will assist

the committee in the planning process and help the committee provide feedback to the

outside expert working with the court, if any. Most program goals can be summarized as

follows:

• To promote factual awareness. A program can disseminate basic information

about diversity. The program can include background information on the work

force in the year 2000, court demographics, and specific demographics of the

work force in the area, as well as discussions about how assumptions and

stereotypes about different groups are formed.

• To identify and change particular behaviors. A program can identify specific

strategies for determining what is acceptable and unacceptable behavior and

language. For example, a program can focus on skills to enhance communication

among people from different cultures, conflict resolution skills, interviewing skills

and guidelines, or the use of appropriate labels.

• To explore personal attitudes and prejudices. A program can explore deeper

issues of personal prejudice and stereotyping. An outside expert is especially

valuable in accomplishing this goal; seek an experienced and well-qualified

diversity consultant who can manage this training with sensitivity and objectivity.

• To analyze the organizational culture. A program can examine the

organizational culture; its reward, recognition, and motivational systems; its

communication, problem-solving, and decision-making processes; its recruitment,

selection, interviewing, coaching, and mentoring processes; and how performance

management systems support or undermine success in a diverse work

environment.

Training programs that incorporate all of these goals are more effective than those

that focus on only one or two goals. It requires flexibility and a mastery of both content
Diversity in the Courts: An FJC Guide 49

and group dynamics to be able to successfully incorporate all these goals into a training

program. Also, adequate time must be allotted if all goals will be included. Depending on

the needs of the court, a one-day program and then a two-day follow-up seminar might be

necessary.

[For further information, see Payne, Tamara, and Mobley, Michael. “Diversity Training.”]

Curriculum Components for an Introductory Diversity Training Program for

All Staff

Diversity education programs should address the specific needs of the court identified in

the needs assessment. The needs assessment results will determine which areas to

emphasize, which topics require more time, and the scope and type of learning activities

to use. However, there are some basic components that should be covered in introductory

diversity training programs for all courts.
50 Diversity in the Courts: An FJC Guide

Sample Content for a Introductory One-Day Program for All Staff

The following program can be used for all staff, in either separate programs for

supervisors and non-supervisors or one combined program. The following outlines, case

studies, and exercises are intended to suggest basic topics to be covered, but they are not

prescriptive. Each court’s own needs assessment data should be used to identify specific

topics for that court’s program. The consultant can modify or add exercises or learning

activities to meet the objectives. Programs can include the following objectives:

• Define “managing diversity” (both individual and organizational dimensions) and

how it relates to, but differs from, equal employment opportunity and affirmative

action (refer to chart in section 1).

• Identify the opportunities and challenges presented by diverse court employees

and the clients and court users that the court serves.

• Describe how and in what ways diversity affects the operations of the court.

• Describe strategies for recognizing and managing personal prejudice.

• Identify and describe individual and organizational strategies that create an

environment in which all employees have the opportunity to contribute to the

effectiveness of the court.

Content Outline for an Introductory Program for All Staff

I. Introduction (Time: 30 minutes)

A. State the objective of the Introduction: to establish an atmosphere of trust,

identify participants’ personal goals for the workshop, and provide an

opportunity for participants to assess their current level of diversity awareness.

B. Identify participants’ anxieties about diversity training and one primary

objective participants would like to accomplish in the training session.

C. Identify ground rules and ask participants to agree to them: confidentiality,

honesty of responses, and respect for opinions and perspectives different from

their own.

D. Have participants take the Sample Diversity Awareness Quiz (Exercise 1 at the

end of this section).

E. Review the Sample Diversity Awareness Quiz with participants.

F. Suggested activity: Write on a flip chart participants’ objectives, which should

be addressed and referred to during the session.
Diversity in the Courts: An FJC Guide 51

II. Definition of diversity and its dimensions (individual and organizational

dimensions) (Time: 60–80 minutes)

A. State the objective of Part II: to define diversity, its various dimensions, and the

specific ways in which it affects the workplace.

B. Ask participants to define diversity and assess their understanding of the

concept.

C. Discuss R. Roosevelt Thomas’s definition of diversity (see page 4) and the

range of dimensions of diversity, and compare them with participants’

definitions and understanding; discuss why people generally tend to focus on

race, ethnicity, and gender.

D. Identify organizational diversity within the court (e.g., younger employees and

older employees; those with higher education and those without it; professional

staff and administrative support staff; employees who have court experience and

those who do not; supervisors and non-supervisors).

E. Identify the differences between diversity, equal employment opportunity, and

affirmative action and how these concepts relate to each other (for a comparison

of affirmative action, valuing differences, and managing diversity, see chart in

section 1).

F. Suggested activities: Write on a flip chart participants’ definitions of diversity

and the organizational dimensions before giving participants a complete list.

Participants can discuss these dimensions in one large group or in small groups.

Have participants complete the Diversity Defined exercise (Exercise 2) at the

end of this section.

III. Factors that contribute to the changing work force, clients, and the public (Time:

15–20 minutes)

A. State the objective of Part III: to provide participants with some background and

contextual information about why diversity issues are being addressed now.

(This section is to be presented by a unit executive or court training specialist.)

B. Discuss the background: changes in the court work force; your court’s EEO

plan, the Judicial Conference’s recommendations, and circuit task forces

established to study effects of race, ethnicity, age, gender, and disability. Solicit

participant responses to specific examples of factors affecting the court’s

interest in managing diversity:

1. increasing federalization of crimes; move from “white-collar” to “bluecollar” crimes;
52 Diversity in the Courts: An FJC Guide

2. increasing diversity of clients, attorneys, and court users (i.e., pro se

litigants);

3. increase in minority and women deputy clerks and U.S. probation officers;

4. increase in families in which both parents work and an increase in singleparent families and its affect on work and home life; and

5. new workers on the fast track.

C. Identify other factors affecting the court’s interest in managing diversity.

D. Explain the purpose of diversity training:

1. to help employees and managers effectively deal with the mixture of

backgrounds and characteristics of employees, clients, and court users; and

2. to enhance productivity.

IV. Opportunities and challenges presented by diversity (Time: 60 minutes)

A. State the objective of Part IV: to assist participants in understanding how

diversity can increase productivity and how it presents challenges to the court.

B. Ask participants to identify opportunities and challenges presented by workforce diversity.

C. Solicit responses to the following questions:

1. How can diversity enhance the operations of the courts? Possible responses

are effects on productivity; use of the skills, talents, expertise, experiences,

and perspectives of a heterogeneous group of people who serve a

heterogeneous population; creative problem solving and decision making if

the talents and skills of all employees are used.

2. What challenges does diversity present to the courts? Possible answers are

managing individuals with different cultural backgrounds, expectations,

motivations, experiences, educational levels, communication styles, and

lifestyles; handling conflicts arising from diversity issues; recruiting

creatively and ensuring that selection, promotion, and assignments are not

biased or discriminatory; fostering open communication around issues of

diversity; creating systems in which all employees have an opportunity to

contribute to the organization.

D. Review the purpose of training: to maximize opportunities and provide skills to

address challenges.
Diversity in the Courts: An FJC Guide 53

E. Suggested activities: Have participants discuss the following experiences in

small groups. If participants include supervisors and non-supervisors, you might

want to divide them into supervisor and non-supervisor groups, and have

participants report responses to the large group.

• First, ask participants to share an experience in which the obvious or not so

obvious differences between themselves and a co-worker, or between two

other co-workers, or between themselves and a friend were valuable assets

for a project or task. What made the project or task successful?

• Second, ask participants to share an experience in which the obvious or not

so obvious differences between themselves and a co-worker, between two

other co-workers, or between themselves and a friend were obstacles for

completing a project or task. What made this experience different from the

one they presented above?

• Discuss Case Study 1 or Case Study 2.

V. Individual and organizational similarities and differences (Time: 45 minutes)

A. State the objective of Part V: to provide participants with an opportunity to

reflect on and identify similarities they have with co-workers, such as common

personal goals and workplace goals, while recognizing and respecting

differences.

B. Discuss what all human beings have in common regardless of race, gender,

geographic location, place of birth, language, age, education, physical ability,

sexual orientation, income, and values: the need for respect and to feel valued,

recognized, and rewarded; the need to communicate and have productive work

relationships; the need for support; the need to contribute. Explain that the ways

in which individuals express these common needs may differ.

C. Discuss workplace similarities. For example, ask participants if they share a

common organizational vision, values, and goals.

D. Discuss the implications of this mix of commonalties and differences for the

ways in which we work together.

1. Ask participants, how does this mix affect office interactions, morale, issues

of respect, motivation, and productivity?

2. Ask participants, how does this mix affect work schedules? (e.g.,

compressed time, flex time, comp time, job sharing, and locations; balancing

organizational and personal values and priorities; balancing home and work

life)
54 Diversity in the Courts: An FJC Guide

3. Ask participants, especially managers, how does this mix affect office

operations? (e.g, hiring, promotions, coaching, training, mentoring,

performance reviews, motivation, communication mechanisms and styles,

and reward and recognition systems)

E. Suggested activity: Discuss Case Study 3 or Case Study 4, or ask participants to

discuss the following two questions in small groups and then report their

responses. What are the basic needs, interests, and goals you share with other

employees in your court? What are some obstacles to achieving your common

goals? (individual and organizational)

VI. Effects of differences in personal values, experiences, and stereotyping in the

workplace (Time: 90 minutes)

A. State the objective of Part VI: to help participants identify stereotypes as one of

the major obstacles to achieving goals, to recognize one another’s strengths and

capabilities, and to treat one another fairly and respectfully.

B. Show A Winning Balance or A Tale of “O” and discuss the following questions:

1. What are stereotypes? (see Glossary of Major Terms for a working

definition of stereotypes). Conceptualize stereotypes through the iceberg

model. The model states that one can only see 20% of the iceberg; the other

80% is underneath the surface. Thus, if we focus only on the 20% of a

person we see, we miss 80% of the person.

2. How are stereotypes formed? Discuss the compact disc model: A compact

disc records our life experiences that emanate from parents, teachers,

neighbors, friends, media (print and electronic), significant others, school,

and religious teachings. Experiences may be negative or positive, or

negative and positive (e.g., some people have never had a personal or

professional relationship with a Native American, a gay man or woman, or a

person with disabilities; therefore, they rely on the experiences of others or

the media). Compact disc recordings of these experiences continue to play

back in our minds even with the addition of new recordings.

3. Discuss the effects of stereotyping on the person being stereotyped (to be

identified by the participants through suggested activities).

a. Stereotyping limits opportunities and expectations; it can result in people

anticipating or predicting performance or behavior without real

experience.
Diversity in the Courts: An FJC Guide 55

b. Stereotyping can result in people ignoring the individual differences and

uniqueness we all have and the fact that people grow and change over

time.

c. The disadvantage of stereotyping is that the person doing the

stereotyping cannot learn about what motivates people because he or she

is not tuned in to each person’s abilities, uniqueness, talents, and skills.

C. Explain how to overcome stereotyping.

1. Get to know people as individuals.

2. Ask someone from a different culture and background whom you trust, and

who trusts you, to help you ask the right questions about your differences

and similarities.

3. Discuss how you can be a change agent by responding to slurs, jokes, or

stereotyping.

4. Ask participants and faculty to identify other strategies and models for

overcoming stereotyping.

D. Suggested activities:

• Depending on time and needs, have participants complete the Cross-Cultural

Personal Biography (Exercise 3) and discuss it with them. Ask participants

to share an experience in which they felt they or a friend or a co-worker was

stereotyped, and to describe how they felt and what, if anything, they did

about it.

• Discuss Case Study 9 or Case Study 11.

VII. Practicing diversity initiatives in the workplace on an individual level (Time: 30

minutes)

A. State the objective of Part VII: to help participants identify actions to be taken to

create and sustain a workplace environment which promotes diversity.

B. Ask participants how they can practice positive diversity efforts in their

organization.

C. Ask participants what skills and information they need to help them promote

diversity.

1. For example, ask participants if they are confused about what are the most

appropriate labels to use when identifying a particular group. If they are

confused, provide the following guidelines:

• Ask the people in the group for their preferred term.
56 Diversity in the Courts: An FJC Guide

• Pay attention to how people refer to themselves or their own group (a

feminist organization, the Latino Employee Support Group, or the

Association for the Asian Pacific League, for example).

• Remember that all group members will not necessarily have the same

preference.

• Realize that just as fashions change, so do the terms used to describe

groups.

• Understand that terms used within a group may not be acceptable when

used by an outsider. The epithets used in joking banter and teasing may

be reserved for members only.

D. Suggested activity: Discuss Case Study 9, or Case Study 11, or both.

VIII. Practicing diversity initiatives in the workplace on an organizational level (Time: 

60 minutes)

A. State the objective of Part VIII: to help the court identify actions to create and

sustain a workplace environment which promotes diversity.

B. Ask participants, do our policies, procedures, and practices need to change if we

are to create an environment in which everyone can contribute? If so, which

ones and how do they need to change?

C. Ask participants, what skills and information are needed to help us identify

which policies, procedures, and practices need to change?

D. Suggested activity: Have participants anonymously complete the form Action

Planning for Managing Diversity in the Courts (Exercise 4). All participants

should fill in both sections of the form. The court training specialist then

compiles the information on actions to be taken organizationally and shares it

with unit executives in preparation for additional training (see IV under course

for managers) and follow-up activities and initiatives.
Diversity in the Courts: An FJC Guide 57

Sample Content for a Half-Day Program for Managers

After all staff have participated in an introductory program, a separate program should be

offered for managers. The introductory program provides an overview of diversity issues,

terminology, and concepts and helps participants understand how diversity affects the

work force in concrete and specific ways.

The suggested program outline for managers assumes that they have completed the

introductory program. The program for managers helps managers assess ways in which

specific court operations and systems support or hinder diversity management. It answers

the questions: how can we collect data and information to determine if our organizational

culture supports diversity efforts, and how do we begin to develop a diversity plan? The

advantage of participating in this type of self-assessment is that when appropriate action

is taken, the entire organization and all of its employees benefit.

Exercises appear at the end of this section. Diversity programs should concentrate on

specific issues or situations identified through the needs assessment process.

Content Outline for a Program for Managers

I. Introduction (Time: 30 minutes)

A. State the objective of Part I: to review why it is important to effectively deal

with diversity in the courts.

B. Ask participants to identify their expectations for the training session.

C. Engage participants in a discussion of factors contributing to the changing work

force and the public it serves. Quickly review the introduction in the content

outline in the program for all staff.

D. Review the definition of diversity (individual and organizational) (see II in the

introductory program outline for all staff).

II. Determine the specific diversity-related needs or problems that exist in an

increasingly diverse work environment (Time: 90 minutes)

A. State the objective of Part II: to assist managers in identifying ways to assess

operations.

B. Assess the court’s strengths and weaknesses with respect to diversity initiatives;

focus on process (how to assess diversity-related problems) and content (what

specific operations should be assessed).
58 Diversity in the Courts: An FJC Guide

1. Discuss ways to identify perceived issues or problems (e.g., surveys, focus

groups, one-on-one interviews, task forces) and which court users should be

queried. It is important for managers to collect data, not to operate on

assumptions.

Suggested activity: Have participants organize into small groups to think of

ways to identify perceived diversity-related problems or issues; give them a

few examples.

2. Identify the types of interactions that should be assessed:

a. interactions or operations in the office;

b. operations in the “field,” especially between U.S. probation and pretrial

services officers and their clients; and

c. courtroom interactions.

C. Based on needs assessment results, identify the specific operations or systems

that should be reviewed. (There is no need to discuss all ten points that follow;

participants may identify other operations or systems.)

1. Mission, goals, values, and vision statements (e.g., Does your office have

them? Does everyone know about them, and are they committed to them?

Were they created by all employees or only senior managers? When were

they last revised?)

2. Recruitment, hiring, interviewing, and the selection process (e.g., Are all

positions posted? How is hiring monitored for adherence to the EEO plan?

Who participates in interviews? What sources are used for recruitment?)

Suggested activity: Discuss Case Study 5, Case Study 6, or Case Study 7.

3. Orientation of new employees, training, job assignments, and promotions

(e.g., Are training opportunities fair for all staff at all levels? How are job

assignments determined?)

Suggested activity: Have participants complete and discuss Norms: The

Unwritten Rules of This Organization (see Exercise 5).

4. Staff development

Suggested activity: Show and discuss the videotape The Power of Diversity:

Creating Success for Business and People—Career Development (Tape 2 in

the series).

5. Communication mechanisms, including information-sharing, decisionmaking, and problem-solving processes (e.g., Do processes—both formal
Diversity in the Courts: An FJC Guide 59

and informal—allow for easy and flexible communication by employees at

all levels of the organization?)

6. Performance evaluation and review (e.g., How often is performance

evaluated? Is the evaluation based on clear performance criteria or

objectives identified by employee and supervisor? Are career expectations

and opportunities for growth clearly understood and articulated? Is there an

opportunity for supervisors to receive feedback on their performance from

their employees?)

Suggested activity: Show and discuss the videotape The Power of Diversity:

Creating Success for Business and People —Performance Appraisal (Tape

3 in the series).

7. Rewards and recognition systems (e.g., Are they flexible enough to

accommodate individuals who prefer private recognition over public

recognition? Can employees choose to take annual leave or flexible work

schedules for a reward rather than just monetary compensation?)

8. Work schedules and locations (e.g., Are they flexible to accommodate staff

needs yet ensure office coverage? Is there any flexibility in work locations

for telecommuting?)

Suggested activities: Show and discuss the videotape The Power of

Diversity: Creating Success for Business and People—Balance of

Work/Family Issues (Tape 3 in the series), or discuss Case Study 4.

9. Policies—EEO Plan, maternity and adoption policy, policy against sexual

harassment, diversity policy, grievance procedures, conflict resolution

policies and procedures (e.g., How are they practiced? Does everyone know

about them?)

Suggested activity: Discuss Case Study 10.

10. Other operations and interactions—subtle and overt.

Suggested activity: Have managers identify other interactions they should

know about. Show and discuss the videotape The Power of Diversity:

Creating Success for Business and People—Sexual Harassment and Gender

Discrimination and Disabilities: Hiring and Promotion (Tape 1 in the

series).
60 Diversity in the Courts: An FJC Guide

III. Assessing problems with clients and court users and courtroom-related problems

(Time: 60 minutes)

A. State the objective of Part III: to help managers identify and assess diversityrelated problems between court personnel and clients or court users.

B. Discuss and identify diversity-related issues with clients or court users and in

the courtroom.

C. Suggested activities: Discuss Case Study 8 or Case Study 11.

IV. Methods for addressing diversity-related problems or improving the work

environment (Time: 90 minutes)

A. State the objective of Part IV: to provide managers with a model plan that can

be used to develop diversity (resource: Ann Morrison, The New Leaders).

B. Discuss methods for identifying and addressing diversity problems in the

organization:

1. Strengthen top management’s commitment to diversity, provide resources to

support diversity initiatives, provide incentives to continue promoting

diversity, and so forth.

2. Identify solutions to problems that are consistent with the organization’s

overall goals.

3. Analyze solutions to problems identified in II.C.

4. Identify ways to sustain interest and commitment and strengthen diversity

efforts.

C. Suggested activity: Using the top part of Exercise 4 (Actions to be taken

organizationally), ask participants to (1) choose a barrier or problem that is a

high priority, (2) describe how they would confirm that the barrier chosen was

appropriate, (3) identify possible causes for the problem, (4) identify additional

barriers, (5) discuss possible actions or approaches to addressing problems, and

(6) describe how management can support the actions. Try to make discussion

groups as diverse as possible, or make some groups heterogeneous and other

groups homogenous and ask participants to report on their responses and the

group dynamics that unfolded as they completed the exercise. For example, did

the heterogeneous groups come up with more creative causes and solutions? Did

the heterogeneous groups encounter more problems in listening to one another?
Diversity in the Courts: An FJC Guide 61

Next Steps: What to Do After an Introductory One-Day Program

Following an introductory training program for managers and non-managers, the

diversity education planning committee can plan follow-up initiatives and activities for

all staff. It is critical for the committee to draw upon the needs assessment results and the

evaluation forms from the training program, and to talk to senior court managers to

identify the next steps. Follow-up programs can be conducted on the following topics:

• the court’s EEO plan and grievance procedures, the Family and Medical Leave

Act, and other policies;

• gender communication;

• sexual harassment and/or gender fairness;

• cross-cultural communication;

• bias in hiring, the interview process, promotions, work assignments, and training

opportunities; and

• employee coaching and mentoring.

Other topics presented in follow-up training activities and initiatives should

incorporate diversity sessions into court unit or district-wide meetings or retreats.

Diversity issues and perspectives can be incorporated into specific skills training

workshops on such topics as

• communication styles and skills;

• decision making;

• problem solving;

• managing employee relations;

• negotiation skills;

• recruitment, selection, and interviewing processes;

• performance reviews;

• team-based management;

• total quality service;

• process improvement;

• effective supervision;

• managing change;

• conflict resolution; and

• ethics in the workplace.
62 Diversity in the Courts: An FJC Guide

(The Court Education Division has programs on many of these topics. Contact Denise

Glover, phone: (202) 273-4122.)

The resource list in section 7 contains specific materials that will assist court units in

identifying training resources.

Remember that follow-up activities can be informal gatherings that provide

employees with opportunities to understand other cultures. The following are some

examples:

• ethnic food fairs or picnics with information on various foods and recipes;

• brown bag discussions of current events (court-related and more general);

• presentations about trips to foreign countries;

• presentations or discussions about different cultures by court employees from

those cultures;

• celebrations of the culture and history of various racial and ethnic groups (one day

could be set aside every three to four months);

• book discussion or film discussion groups on various subjects related to diversity

issues; and

• in-house cultural exhibits or film festivals, or after-work tours of cultural exhibits.

Organizational Strategies for Implementing Diversity Initiatives

To maximize the effectiveness of diversity training as a long-term initiative, the

organizational structure and culture of the court may need to change. Any organizational

changes should be based on a systematic study or assessment of any problems in the

court’s operations or processes that may impede diversity efforts.

Some organizations are using a variety of mechanisms to assess diversity-related

problems. Some are developing strategic plans that include diversity initiatives. Others

are reviewing their mission, values, vision, and goals to ensure that they include diversity

components. Still others are reviewing their policies (e.g., their EEO plan and grievance

procedures, sexual harassment policy, diversity policy), procedures (written and verbal),

and processes (e.g., recruitment, selection, and interviewing; communication and

problem-solving processes) to make sure they are understandable, fair, and inclusive.

Regardless of where a court begins its review of its structure and culture, all

employees from all levels of the court (e.g., professional and administrative support)

should have an opportunity for active input into the process. Whether courts choose to

form task forces, advisory or planning committees, or work groups, each group should be

diverse in composition and draw on the unique contributions and backgrounds of all

members of the court staff. These groups should report directly to the unit executive.
Diversity in the Courts: An FJC Guide 63

Also, senior court managers will want to include strategies for assessing managers’

accountability and commitment to, and support for, diversity efforts.

For additional guidance and ideas, the following authors, whose works are annotated

in section 7, are highly recommended: Clay Carr; David Jamieson and Julie O’Mara;

Marilyn Loden and Judy Rosener; and especially Ann Morrison.
64 Diversity in the Courts: An FJC Guide

Exercise 1

Work Force 2000

Sample Diversity Awareness Quiz

Review these questions about work-force and court demographics and the answers on the

next page. They might surprise you.

1. ________ By the year 2000 (a) two out of every six, (b) three out of every six, or (c)

four out of every six work-force entrants will be women.

2. ________ Of top executives in American companies, (a) 5%, (b) 10%, or (c) 15% are

women.

3. ________ Of the 20,000 full-time staff members in the federal courts, almost (a)

30%, (b) 50%, or (c) 70% are women.

4. Approximately _____% of full-time staff members in the federal courts are people of

color.

5. ________ By the year 2030, the number of senior citizens will be (a) almost equal to,

(b) less than, or (c) more than the number of teens in the United States.

6. ________ By 2015, the second most practiced religion in the United States will be

_____________________________________________________________________.

7. Sexual harassment cost the federal government $ _____ million in turnover from May

1978 to May 1980.

8. Of new entrants to the work force over the next thirteen years, _____% will be white

men.

9. By the year 2050, the average U.S. resident will trace his or her descendants to which

four regions in the world? _______________________________________________

10. _______ Of 43 million disabled Americans who are of working age, (a) one-half,

(b) one-third, or (c) one-fifth are in the work force.

11. _______ Of the African American women who work for the courts, (a) 25%,

(b) 15%, or (c) 50% are employed in the clerical category.

12. _______ Women own (a) 7%, (b) 15%, or (c) 30% of all U.S. businesses.
Diversity in the Courts: An FJC Guide 65

Work Force 2000

Sample Diversity Awareness Quiz

Solutions

1. c

2. a

3. c

4. 25%

5. a

6. Islam will be the second most practiced religion in the United States; Christianity will

be first; Judaism will be third.

7. $189 million

8. 32%

9. Asia, South America, Latin America, Africa

10. c

11. c

12. b

[Data drawn from Johnston, William B., and Packer, Arnold E. Workforce 2000: Work and Workers for the

21st Century. Indianapolis, Ind.: The Hudson Institute, 1987 (Prepared for the U.S. Department of Labor);

Office of Equal Employment Opportunity, Administrative Office of the U.S. Courts.]
66 Diversity in the Courts: An FJC Guide

Exercise 2

Diversity Defined

Time

• 15 minutes

Objective

• To develop a group understanding of the term “diversity”

Method

1. Diversity means different things to different people. This exercise will enable

participants to understand what diversity means to us as a group and to build some

common language and perceptions about what can be an abstract term.

2. Standing at a flip chart, ask the group, “What are some characteristics of people

that come to mind when you hear the term ‘diversity’?”

3. Record the responses on a flip chart. If the group becomes stymied, suggest a term

or probe for suggestions. The completed list will most likely include terms

covering a variety of characteristics, such as age, physical ability, ethnicity, skills,

national origin, and economic status.

Discussion Points

• Diversity includes many characteristics and need not center exclusively on race or

gender.

• We may define ourselves as belonging to several groups.

• Diversity may also include perspectives, ideas, and practices based on one’s

unique background and set of experiences. People from similar backgrounds may

see things similarly because of a shared set of experiences, but other influences

may negate those experiences. It is unlikely that two people will have exactly the

same set of experiences from which to draw.

• Rather than thinking of people in a “box” that defines who they are, think of them

as being shaped by a set of influences.

[Adapted from Dickerson-Jones, Terri. 50 Activities for Managing Cultural Diversity. Amherst, Mass.:

Human Resources Development Press, 1993.]
Diversity in the Courts: An FJC Guide 67

Exercise 3

Cross-Cultural Personal Biography

Objectives

• To allow participants to identify their experiences with people different from

themselves.

• To allow participants to see that many of their experiences are similar to those of

others.

• To begin to establish the foundation for participants’ understanding of how

stereotypes begin.

Method

1. Ask participants to complete the Cross-Cultural Personal Biography. Give them

brief explanations: “Across the top of the columns are listed periods in or

experiences from your life (‘significant relationships’ is for marriage or living

together relationships; ‘business/real estate’ is for when you have made major

purchases of a car, real estate, appliances, and so forth; if you have not been in the

military or college, leave those columns blank). Down the left-hand side is a

listing of different groups of people.” (Explain the term “National”: Asian

American is someone born and raised in the United States; Asian National is

someone born elsewhere who has emigrated to the United States).

“In each square of the page put one of the following symbols: + if you had a

positive experience with a member of the group listed in the left-hand column; - if

you had a negative experience; +/- if your experience was a mix of positive and

negative; or 0 if you had no personal experiences with any members of this group

or you cannot remember them.

Give participants ten minutes to complete the form. Watch them—if they

finish earlier, continue earlier. If a few people are still working on the form in ten

minutes, however, proceed with the exercise, because they can finish it later.

2. Divide participants into groups of three to four and ask them to discuss what they

wrote on their forms—what it could tell them and how the forms of others in their

group are similar to or different from their own. Allow ten minutes for smallgroup discussion.

3. In the larger group, ask people what observations they had in their small groups.

[Adapted by Professor Lamar Cyprian Rowe.]
Exercise 3

Cross-Cultural Personal Biography

Your cultural group:_____________________________________________________________________

Family/Pre-school

K-6 Middle

School

HighSchool

College Military Work Significant

Relationships

Neighborhood Social Reli

Asian AmericanAsian NationalBlack AmericanBlack NationalDisabledHispanic AmericanHispanic NationalJewishLesbian/GayNative AmericanWhite AmericanWhite NationalOtherOther

+ positive experience - negative experience +/- mixed experience 0 no experience
Exercise 4

Action Planning for Managing Diversity in the Courts

Actions to Be Taken Organizationally

Barrier/problem Recommended action What we can do to support 

1.2.3.

Actions to Be Taken Individually

Barrier/problem Recommended action What I can do to support th

1.2.3.
70 Diversity in the Courts: An FJC Guide

Exercise 5

Norms: The Unwritten Rules of This Organization

Dress

What is the organizational uniform? How do people dress? Who wears suits? At what

level are jackets required? Do women wear pants?

Men Women

Senior management

Middle management

Supervisors

First-line staff

Other

Communicating and Addressing

How are people addressed? (First name, title, etc.) How are people contacted? (Phone

call, memo, appointment)

Men Women

Senior management

Middle management

Supervisors

First-line staff

Other
Diversity in the Courts: An FJC Guide 71

Employee Gatherings and Interacting

Who interacts? Who convenes the meeting? Who facilitates it? Who is invited? Who

participates? Is promptness valued?

Format Participants

(Time, Place, Length) (and Their Roles)

Meetings

Breaks

Lunch

After work

The following are suggestions for using Norms: The Unwritten Rules of This

Organization.

Objective:

• To help potential managers learn the unwritten rules of behavior in the court.

Intended Audience:

• Mentors, coaches, or supervisors working with potential promotees or new

employees so that they can teach them the organization’s unwritten rules.

Processing the Activity:

• One-on-one discussion between mentor or coach and employee or promotee.

Points for Discussion:

• Whatever is on the worksheet and whatever other norms the mentor or supervisor

suggests are important.

Caveats and Considerations:

• It is possible for a trainer to design and use a seminar format to determine what

the norms are so that all mentors or supervisors in a given organization teach and

reinforce the same norms.

[Adapted from Gardenswartz, Lee, and Rowe, Anita. Managing Diversity: A Complete Desk Reference and

Planning Guide. Homewood, Ill.: Business One Irwin, 1993.]
72 Diversity in the Courts: An FJC Guide

Introduction to Case Studies

These case studies are designed to (1) enhance participants’ knowledge of work-related

diversity situations and the implications of these situations for productivity, work quality,

and morale; (2) give participants practice in thinking through and recognizing the various

diversity issues and exploring approaches to handling them in the court; (3) help

participants understand the positions of all characters represented in the case studies; and

(4) encourage participants’ open and honest discussion of court-specific diversity issues.

Design of Case Studies

These case studies were drafted initially by court employees to reflect a wide range of

real issues and situations in the courts. The case studies vary in diversity dimensions and

situations; court environment, type, and location; and interactions and job titles or

positions of main characters.

Guidelines for Using the Case Studies

1. Select the case study or case studies that are best suited to your training

objectives, course content, and court situation. Specific case studies are suggested

in the sample program outlines presented earlier in this section.

2. Review case studies with the diversity education planning committee and others

planning the program to determine if you want to use all or some of the suggested

discussion questions or add new questions. Determine if court-specific

terminology, situations, or nuances in some case studies need further explanation.

3. Discuss possible responses to discussion questions with those planning the

program. The point is not simply to have participants agree that prejudicial

attitudes and behaviors are bad, but to encourage them to move beyond the

conflicts depicted in the case studies in order to deal with them. Although the case

studies describe people’s biased behavior or lack of knowledge, awareness, or

experience in dealing with different groups, the conflicts depicted are rarely

totally one-sided. The case studies should encourage an open discussion and

exchange of different perspectives on the issues in light of training objectives and

program content.

4. During the training program, divide participants into groups of six to ten. Ask

each group to select one or more facilitators or reporters to report to the entire

group on the responses to the discussion questions. Two groups can be assigned to

the same case study and the two groups’ answers compared, or each group can

discuss a different case study.
Diversity in the Courts: An FJC Guide 73

5. Reporters or facilitators of small groups should be prepared to discuss the content

of the case studies and, if time allows, the dynamics of the group process. The

following are some process questions to consider:

• How did the small group decide who would serve as the facilitator or reporter?

• Was everyone encouraged to participate in the group discussion? Did the

group hear all opinions, including unpopular ones?

• Did participants hear and listen to the perspectives of the women, racial and

ethnic minorities, older or younger participants, support staff as well as

professional staff? Were these perspectives valued?

• Were responses and perspectives on issues clarified or better understood when

someone in the group directly identified with a character in the case study?

6. For each case study, assume that the court has adopted the Judicial Conference of

the United States Model EEO Plan or one substantially similar to it.

List of Case Studies

The following case studies are presented in this section:

• Case Study 1: Balancing Religious Obligations and Workplace Needs

• Case Study 2: Managing People with Disabilities

• Case Study 3: Gender Roles

• Case Study 4: Balancing Work and Home Life

• Case Study 5: The Selection Process and Gender Issues

• Case Study 6: Gender and the Job Interview

• Case Study 7: Gender and Race in Promotion Decisions

• Case Study 8: Relations Between Court Employees and Court Users

• Case Study 9: Stereotyping in the Workplace

• Case Study 10: Relations Between Co-workers

• Case Study 11: Evaluating Clients

• Case Study 12: Gay Issues in the Workplace
74 Diversity in the Courts: An FJC Guide

Case Study 1

 Balancing Religious Obligations and Workplace Needs

Joe was hired as a deputy clerk in the Mountain View division of the U.S. district

court over a year ago. Shortly after he was hired, his supervisor, Felicia, determined he

needed to improve his writing skills in order to perform his job adequately. Felicia shared

literature and course information with Joe and encouraged him to take an appropriate

writing course to enhance his skills. Felicia explained to him, “Joe, it’s really important

that you get your writing up to par. Please try to find a course that would be appropriate,

and let me see the course description. The court may even be willing to pay part of your

tuition.”

It is time for Joe’s six-month performance review; his writing skills have not

improved and he still has not taken a course. Felicia asks Joe at the performance

interview, “Have you been actively looking outside the office for a good writing course?”

Joe responds, “I tried but I couldn’t find one because they’re all located too far from my

home. Besides, I bought a home study course with videos and workbooks, and I think my

writing is getting better.” Felicia responds, “I wish I could agree with you, but I don’t see

much change, and I’m tired of getting all the pressure from my bosses about it.”

At this point, Felicia realizes she must take care of the situation. After a few weeks,

she finds what she believes is the perfect course; it is close to Joe’s home and offered

right after work. Felicia asks Joe to stop by her office so that she can share this

information with him. He looks over the course information and tells her he will not be

able to take the course because it is scheduled the same nights as his church meeting.

Frustrated, Felicia insists, “Look, Joe, you really have to work something out or think

about looking for employment elsewhere.” Joe responds, “Look, Felicia, you have no

good reason to make it difficult for me to exercise my religion. I have my rights.” Joe

leaves the office angry, goes straight to Delores, Felicia’s manager, and complains that

Felicia is insensitive to his religious obligations. Knowing Joe’s writing deficiency,

Delores supports Felicia’s position. She thinks that Joe is overly sensitive and rigid about

his religious obligations.

As a supervisor with the court for more than twelve years, Felicia feels she has had

her share of employees with bad attitudes. Felicia feared that there would be problems

with Joe as soon as he told her about his religious background and beliefs. When she

asked Joe to be on the birthday committee, he became agitated and replied in a raised

voice, “I don’t celebrate birthdays or participate in any other celebrations. And I don’t

want anyone to celebrate my birthday either!”

After Joe’s outburst, Felicia thought to herself: “This is great. Now he thinks I’m on

his case about his religion, which is going to make it even harder to get his writing

improved. Joe always seems to have an excuse for his errors, and he didn’t even move the
Diversity in the Courts: An FJC Guide 75

literature that I put on his desk.” Felicia feels she has always been able to get positive

responses when she has tried to help employees. Joe, however, seems different to her. He

does not seem to have a sense of office loyalty, and it appears to her that he is always

throwing his religious beliefs around, as if he was the only one with beliefs and

obligations.

Joe sees things differently. Every place he has ever worked, he has felt that his

supervisors have given him a hard time because of his religious convictions. He told

himself that once Felicia found out about his religious faith there would be trouble.

Despite what Felicia says, Joe knows he took the initiative to look for the course they

wanted him to take. He believes he has worked hard, and he feels his writing skills have

improved. He thinks Felicia doesn’t like him because of his religious beliefs and would

like to see him leave so that she no longer has to deal with him. Joe thinks, “I feel like an

outsider because I do not participate in their office parties. They simply do not understand

how important it is for me to follow the dictates of my faith.”

Suggested Discussion Questions

1. What is the problem here from Felicia’s perspective and from Joe’s perspective? Do

they understand each other’s perspective on the problem? If not, what makes you

think they don’t understand?

2. What is the best way for Felicia to meet her obligation as a manager to help Joe

contribute his best to the court? Should Joe be expected to compromise his

convictions to adapt to the workplace? Is Felicia expecting Joe to do that?

3. What could Delores, Felicia’s manager, do to help in this situation?

4. What are some immediate and long-range approaches for management and employees

to deal with balancing religious obligations and meeting workplace requirements?
76 Diversity in the Courts: An FJC Guide

Case Study 2

Managing People with Disabilities

Tim supervises a unit of six deputies in the clerk’s office. One of the deputies, Sally,

lost her left leg to cancer several years ago. Her health since then has been poor, as she

also suffers from an arthritis condition. Sally has been cheerful and upbeat through all of

her troubles and always tries to do her best. When she is in the office, she is one of Tim’s

best employees.

The work performed by the deputy clerks involves some filing and lifting. Tim has

helped Sally move some of the heavy files. “After all,” says Tim, “it’s obviously hard for

her to do this work, and I’d help anybody in her situation.” Tim has also been extremely

lenient with Sally’s leave. If she needs a couple of hours to go to the doctor, he often just

lets her go without requiring a leave slip. “Since Sally is always in leave trouble and no

longer qualifies for leave sharing, she tries to work late to make it up. You just ought to

be grateful you don’t have her problems,” Tim tells the other members of the unit when

they ask about Sally’s hours.

During a week when Sally was absent because of illness, Tim did much of Sally’s

work. While the other members of the unit were grateful they didn’t have to do her work,

this was the last straw for Dave, a deputy clerk. Dave thinks that Tim is wrapped around

Sally’s little finger. On Monday of the next week, Dave confronts Tim at the soda

machine and tells him that he is being unfair by favoring Sally. Later that day, Sally,

sensing her co-workers’ unhappiness with the situation, decides to talk to Tim about it. “I

know you think you’re being helpful, but it’s alienating my co-workers. I’m beginning to

feel that I’m not being allowed to do all of the work I’m capable of doing,” Sally explains

to Tim. In her mind, Tim’s presumptions about people with disabilities are causing him to

think that she can’t handle her job. She is grateful for his concern, but she is angry too.

Suggested Discussion Questions

1. How should Tim handle both of these confrontations? Is Sally justified? Is Dave

justified? Are they both justified? Why or why not?

2. Is Tim really doing the right thing by doing Sally’s work? What specific things does

he do for her? Are his responses always appropriate? Can you have good intentions

and still do the wrong thing? Who defines what is right or wrong in this situation—

the employee or the manager?
Diversity in the Courts: An FJC Guide 77

3. If you as a manager did the same thing for a staff person in a situation like Sally’s,

would other staff who are not in that situation have a right to complain? Why or why

not?

4. What specific resources might Tim use to help him deal with this situation?

5. Would your responses to the above questions be different if Sally were a man? Would

your responses be different if Sally were an older employee, rather than an employee

with disabilities?
78 Diversity in the Courts: An FJC Guide

Case Study 3

Gender Roles

Mary has been a court reporter in the district court for three years. This Monday

morning she rushes into the courtroom and hurriedly begins to set up her equipment a few

minutes before court begins. Lucius, Mary’s co-worker and a courtroom deputy clerk

who has been with the court for twenty-five years, watches as Mary races against the

clock before the security officer opens court. As Mary fumbles with her equipment, she

hurriedly explains to Lucius, “I forgot that I signed up to drop some cookies by the school

for my daughter’s party, and I got caught in traffic.” Lucius responds rather impatiently,

“I don’t see what dropping off cookies has to do with running an efficient court.”

Mary tries to dismiss his comments—she has heard them many times before—as she

continues organizing her equipment. Daniel, an African American law clerk from

Harvard, overhears the conversation between Mary and Lucius, who are both white. He

approaches them to introduce himself. As he is about to return to the judge’s chambers

Daniel comments, “I have a special appreciation for court reporters who can maintain a

family life given the demands of their work.” Lucius shakes his head as he says to Daniel

and Mary, “All we need are women’s libber sympathizers. Pretty soon they’ll be pushing

for a day-care center for employees instead of worrying about how to make the court run

efficiently.”

Suggested Discussion Questions

1. How would you characterize the interactions between Mary and Lucius, and among

Daniel, Mary, and Lucius? Should Mary have responded differently to Lucius? Given

the fact that he is a co-worker, not a supervisor, what options does she have for

dealing with him?

2. Why do you think Daniel came to Mary’s defense when Lucius made his comments

to her?

3. Discuss Lucius’s comment to Daniel and Mary about a day-care center in the court. Is

accommodating the child-care needs of court employees at odds with running a court

efficiently? Why or why not?

4. Should Lucius’s comments to Mary and Daniel be dealt with at all? If so, what role

should and could Daniel play, if any? Is this a situation to be resolved by Mary,

Daniel, and Lucius, or should a supervisor or the judge be brought in?
Diversity in the Courts: An FJC Guide 79

5. Describe the differences between attitudes and behaviors as they relate to prejudice in

the workplace. How can we effectively deal with prejudicial behavior? What is the

role of the supervisor or manager in handling such situations?
80 Diversity in the Courts: An FJC Guide

Case Study 4

Balancing Work and Home Life

Bill is a courtroom deputy assigned to Judge Monitor. He has been with the clerk’s

office for seven years and was promoted to the courtroom deputy position two years ago.

When Renee, the clerk, interviewed him for this position, she carefully explained the

hours for the job. She said, “There are many days when court is in session that you will

be required to work beyond the eight-hour day. Do you have any obligations that will

prevent you from keeping this kind of schedule?” Bill replied, “No, I should be able to

handle this schedule.”

Bill is married and has four-year-old twin girls. Bill’s wife, Maggie, is employed fulltime as an account executive for a local television station. This fall, Maggie has gone

back to college to earn an M.B.A. Since Maggie is employed full-time, she must pursue

her studies at night and is currently attending classes three nights a week. As a result of

Maggie’s schedule, Bill is required to pick up his daughters on the nights his wife attends

class. He must pick them up by 6 p.m. at the day-care center.

Judge Monitor is an aggressive young bankruptcy judge who firmly believes that

court time and bench hours are indicative of a judge’s productivity. He rates among the

top in case dispositions in the district. Judge Monitor generally holds court in the evening

and expects his courtroom deputy to be available when he is on the bench.

Renee has been the bankruptcy clerk for almost four years. Although she has no

children, she empathizes with families who must balance work and home responsibilities.

Instead of requiring Bill to make other arrangements for picking up his children, Renee

chooses to find a relief courtroom deputy to fill in for Bill on the nights he must pick up

his daughters. As an incentive, she has offered comp time for the relief courtroom deputy

for the hours he or she must work in Bill’s place. Other courtroom deputies are told that

working late goes with the job.

Other employees have found out about the special arrangements designed for Bill and

the relief courtroom deputy and have become resentful because comp time in the office

has never been allowed. Although these employees have never asked for comp time in

order to meet their children’s school schedules and day-care hours, they would greatly

benefit from such a schedule and feel it is only fair that comp time be offered to

everyone.

Suggested Discussion Questions

1. Should Renee require Bill to meet Judge Monitor’s schedule according to the

requirements of the duties of the courtroom deputy position? If so, what are the
Diversity in the Courts: An FJC Guide 81

consequences to Bill if he is forced to meet these requirements? If not, is it fair to the

other employees?

2. If a relief courtroom deputy is allowed to earn comp time when filling in for Bill,

should the court adopt a policy for the entire office? Should the court adopt a policy

just for employees with child-care problems? Why or why not?

3. If such a policy were drafted, what would it look like? Should the policy apply to all

employees regardless of position and responsibility in the court? Who should be

involved in drafting such a policy? Why?

4. Would your responses to Questions 1–3 be different if Renee were a male clerk?

What if Bill were a female courtroom deputy who wanted to go back to school? Why,

if at all, would you alter your responses?
82 Diversity in the Courts: An FJC Guide

Case Study 5

The Selection Process and Gender Issues

Janis, the chief deputy district clerk, is interviewing Molly for the position of deputyin-charge (DIC) of the Slippery Ice divisional office, a one-person office. The division is

approximately three hours from the main office and handles district court functions. The

position that is to be filled is supervised by the U.S. district court.

The caseload of the division is high for a court of its size. Although there are no

resident judges in the division, judges from both the district and bankruptcy courts travel

frequently to the division for hearings and trials. During these periods, there is a great

deal for the DIC to do. The incumbent, David, is retiring in a month. He has been a model

employee. He has extensive knowledge of both district and bankruptcy proceedings and,

more important, is extremely reliable. No matter what the weather or state of his health,

David is always in his office.

During the interview, Janis discovers that Molly lives on a farm approximately sixtyfive miles away from the divisional office and has a family—a husband, a two-year-old

daughter, and a one-year-old son. Janis also learns that Molly has been in the work force

for eight years and has an excellent attendance record. In the interview, Janis inquires,

“Molly, do you anticipate that you will have any problems getting to work on time every

day? You live a ways from the courthouse, and I know your kids are small.” Janis further

notes that during the winter there are many snow and ice storms and, therefore, she

wonders if Molly will be able to drive to the courthouse. Molly quickly replies, “I have a

good child-care situation, and I am comfortable and experienced in driving in all kinds of

inclement weather.”

The clerk of court has been delegating more and more responsibility to Janis. Janis

has worked very hard to gain his trust and wants to do an excellent job. In fact, the clerk

told her that he trusted her to select the best possible candidate for the position. Janis is

concerned that if she hires the wrong person, the clerk will lose confidence in her

judgment and stop delegating to her the more substantive tasks.

Molly has worked in a legal setting for more than eight years and has supervised a

number of people. She is very organized and can handle multiple tasks well. She has

received praise in every job she has held and is extremely reliable. In fact, during the last

eight years, she has taken only five sick days. She felt that the interview did not go very

well, since Janis asked several questions that implied that she wasn’t sure if Molly would

be able to be at work on a daily basis. Molly tells her husband after the interview, “I

never would have applied for this job if I felt I couldn’t handle it. I really want this job.”
Diversity in the Courts: An FJC Guide 83

Suggested Discussion Questions

1. Are Janis’s fears about Molly warranted? Why or why not? Do you think she should

hire Molly in spite of her reservations? Why or why not?

2. What are the diversity issues here for Janis and for Molly? What assumptions,

stereotypes, or both does Janis hold? What role, if any, does her position in the court

and relationship with the clerk play in Janis’s behavior?

3. Does Janis ask any discriminatory questions in the interview? Which one or ones?

How would you have handled these questions if you were Molly? If she is not hired,

what recourse does Molly have, if any?

4. If the candidate had been a man, do you think the questions about child care, driving,

or reliability would have been raised? Why or why not?

5. If you as a supervisor had legitimate concerns about distance to be traveled to and

from work, timeliness, and attendance of a potential employee, what questions would

you ask in an interview with this person? What other resources can you use to deal

with these concerns?
84 Diversity in the Courts: An FJC Guide

Case Study 6

Gender and the Job Interview

Marie appears for her first interview at a U.S. probation office. She is directed to wait

in a common reception area. During this time, two male U.S. probation officers appear at

the reception area. Marie notices that on two occasions the officers whisper to one

another while glancing at her.

Shortly thereafter Marie is ushered in to meet with three supervisory probation

officers: Joe, Tom, and Larry. After a brief introduction, Tom casually asks, “What is

your nationality?” Marie does not understand what nationality has to do with her

qualifications for the position.

Joe then says, “Your resume describes your professional qualifications, but it doesn’t

include any information about you personally. Tell us something about yourself.” Marie

is bewildered by this type of questioning, but proceeds to speak briefly about her family

and background and some of her personal interests. She believes that she has satisfied

their curiosity and feels somewhat relieved. She is then barraged by questions from all

three officers, including the following:

“Are you married or single?”

“Do you have children? How old are they?”

“Do you go to discos or out dancing?

“Do you exercise much?”

“How old are you?”

“What do you do in your spare time?”

“What else do you do in your spare time?” (This was asked three consecutive times.)

The officers sense that Marie is quite surprised by their questions. They quickly

explain that being a probation officer is a demanding and dangerous job and that officers

must often team up to make home visits. Marie still feels as if she is being interviewed by

a dating service. Later when she mentions her experience to others who have applied for

positions in that probation office, she finds that her experience is not unusual.

Suggested Discussion Questions

1. Is this U.S. probation office in compliance with the judiciary’s Model Equal

Employment Opportunity Plan? Which questions are discriminatory, if any? Why?
Diversity in the Courts: An FJC Guide 85

2. Do you think the supervisory U.S. probation officers knew about their court’s EEO

plan? Whose responsibility was it to inform them of the plan? Did you find the

officers’ explanations for asking such questions to be credible? Why or why not?

3. What are the effects of such practices on this individual court? On the entire federal

court system?

4. Should this probation office restructure its interview process and questions? If so,

what specifically should it change?

5. What recourse, if any, does Marie have if she is not hired based on her responses?

Whose responsibility is it to inform potential employees that the judiciary is exempt

from EEO statutes? Is it necessary to provide this information to all candidates? Why

or why not?
86 Diversity in the Courts: An FJC Guide

Case Study 7

Gender and Race in Promotion Decisions

A U.S. probation office in a diverse community of 100,000 people has fourteen

probation officers, including two male supervisors. In June, one of the supervisors

announced his intention to retire in four months. Two senior officers—one white man,

Lance, and one black woman, Allyson—are equally qualified to apply for the position.

The chief, Harry, states that following interviews by a search committee in

September, he will announce his decision in October. As the weeks pass there is much

speculation about who will become the next supervisor. The female officers and support

staff are betting on Allyson, as the district has never had a female supervisor.

By the end of September, the interviews are completed, and as expected, the two

senior officers are the two finalists for the position. At about this time, Allyson discovers

that she is two months pregnant. She and her husband are very excited, as they have

wanted a family for many years.

The news of Allyson’s pregnancy somehow reaches Harry, and he is less than

enthusiastic about it. Harry remarks to his deputy chief, Michael, “Anyone who would

become pregnant at this time in her career is not serious about advancement. If I were to

hire Allyson, the office would need a full-time supervisor while she is on maternity

leave.”

Word of Harry’s concern reaches Allyson, who becomes very upset. She decides to

call the chief to discuss the issue openly. In their meeting, Harry denies that he made any

statements suggesting that she is not committed to the job. He does mention, however,

that the office needs a full-time supervisor. Allyson advises him, “This pregnancy would

not interfere with my job responsibilities in any way.”

Harry responds, “I’m leaning toward hiring Lance for this position, Allyson. But I

will give you an opportunity to convince me why I should hire you instead.”

Suggested Discussion Questions

1. If you were Allyson, what would you say to convince Harry that you are committed

to your job and are prepared to assume a more responsible position?

2. How might the court’s EEO plan apply in this situation? In what ways, if any, could

the 1993 Family and Medical Leave Act relate to this situation?

3. If you were Harry, what issues would you need to weigh in considering Lance? What

issues would you want to weigh in considering Allyson?
Diversity in the Courts: An FJC Guide 87

4. What communication problems are revealed in this case study? How could these

problems have been avoided or diminished?

5. Discuss the selection process for filling middle-level and senior-level positions in

your office. Who participates in the interview process? Is the search committee

diverse? Who has the responsibility for educating the search committee about the

procedures it is to follow and the court’s EEO plan, if any?
88 Diversity in the Courts: An FJC Guide

Case Study 8

Relations Between Court Employees and Court Users

Angela has been an intake deputy in the bankruptcy court of a small district for about

five months. Although she sometimes feels the work is monotonous and unchallenging,

she quickly became very good at her job. After being out of work for a year, she

desperately needed this job to support her children and is grateful to the clerk of court,

Jim, for hiring her. One of her strengths is the way she deals with court users. She is

always helpful, courteous, and patient, regardless of how rude and demanding some

attorneys are. She never wants to appear rude. Angela is the only minority employee (she

is Latino) in the office and feels under some pressure to be more efficient than the other

intake clerks.

One day, a male attorney whom Angela has not seen before strolls up to the intake

desk to ask her a question about filing procedures. He is impeccably dressed in an

obviously expensive suit. As Angela turns around to assist him, he looks her over from

head to toe. “Hi, gorgeous,” he says as he almost hangs over the intake counter. “I was

going to ask you a question about these papers, but now you’ve made me lose my train of

thought. How long have you been working here?” Angela chooses to ignore the question,

and in her most professional and detached tone of voice, accented slightly by her native

Spanish, she says, “Please continue with your question about the papers.” The attorney

responds, “My name is Horace, and I was just trying to be friendly. How long did you say

you’ve been working here? I’ve known Jim a long time, but he never told me bankruptcy

clerks were hiring pretty ladies like you.”

At this point, Angela, not wanting to appear rude, responds to the question by

replying gingerly, “Nice to meet you. I’ve only been working here for five months. How

can I help you?” At this point, Horace smiles broadly and asks his question about filing

procedures, but not without winking and adding a final remark, “Looks like I’ll be

coming in regularly, since I just signed on as a new partner with Mead, Conners, and

Redford. I hope to see you again soon, and I hope you will continue to be as friendly as

you’ve been these last few minutes—maybe friendlier. See you next time, baby.”

 Angela tries to muster a weak smile, but can only think of how she will manage this

joker the next time. Maybe he’ll just ignore her. But what if he gets even more familiar

with her? She also wonders if the other female intake clerks are approached by male

attorneys in the same way. And how well does he really know Jim?
Diversity in the Courts: An FJC Guide 89

Suggested Discussion Questions

1. What did you find objectionable, if anything, about Horace’s behavior? What was his

purpose in telling Angela that he has known the clerk of court for many years?

2. Do you think Angela should have been offended by Horace’s remarks? Why or why

not? Do you think Angela handled the situation appropriately? What would you have

done differently?

3. Put yourself in Angela’s place. How does the fact that she is a Latino employee

complicate the situation and/or her reaction to it? What effect do you think her

position, parental status, and economic status would have on her reaction to the

situation, now and in the future?

4. What are Angela’s choices for handling the situation now that Horace has confronted

her? Should Angela take further action? If so, define and explain the action.

5. Would your responses to the above questions change if Angela’s and Horace’s

positions were reversed? (That is, Angela, the attorney, approaches Horace, the new

intake clerk.) Why or why not?
90 Diversity in the Courts: An FJC Guide

Case Study 9

Stereotyping in the Workplace

Ronald is a mid-level court manager in the U.S. court of appeals. He has held this

position for about five years, rising from the rank of docketing clerk. A sizable portion of

the population in his circuit is Latino and Native American, yet the only members of his

staff from these two ethnic groups are in clerical positions. Whenever anyone tells

Ronald, “You really need to get more minorities into your office and into management,”

he replies, “What are you talking about? Half the people here are women.”

One day, Ronald learns that Josephine, one of the courtroom deputies on his staff,

reported her purse stolen from her office. He also hears from a reliable source that a

rumor is circulating about the alleged thief. He has heard that Candace, a librarian,

confided in one of her colleagues, “I saw the new Indian clerk snooping around

Josephine’s desk. I suspect he stole it. You really have to watch them.”

A trusted deputy clerk, Eunice, tells Ronald directly about how this rumor is affecting

relationships in the office: “The district and bankruptcy employees in the building are

even discussing it. It’s creating bad feelings between the minority and non-minority staff

as well as between the professional and support staff. We’ve got to do something to

address the underlying problems before they continue to escalate.” Ronald, too, is afraid

that the incident is a sign of a larger problem that is affecting productivity and the court’s

effectiveness. He tells Eunice, “I tried to hire minorities on the staff and to encourage

people to get along, but obviously it’s not working. How do we begin to deal with these

problems?”

Suggested Discussion Questions

1. What are the relationships that you see unraveling in this situation? Describe the kind

of court environment that exists based on the incident that occurred. What factors do

you think caused this problem to occur?

2. What do you think was Candace’s motivation behind spreading the rumor about the

Native American deputy clerk? How should she have handled this information?

Would it have made any difference if she had used the term “Native American” rather

than “Indian” in describing the alleged thief? Is it significant that Candace does not

call the Native American clerk by his name?

3. How would you deal with this situation if you were the clerk rumored to have stolen

Josephine’s purse? As the manager of the court, what should Ronald say to that clerk?
Diversity in the Courts: An FJC Guide 91

4. What are Ronald’s options for dealing with this situation immediately and in the long

run? What can he do to prevent this problem from occurring in the future? How can

he begin to address the larger issues here? To whom can he turn for advice?

5. What are the immediate and long-term consequences of not addressing this problem

now?
92 Diversity in the Courts: An FJC Guide

Case Study 10

Relations Between Co-workers

David is forty years old and was employed as a U.S. probation officer in February. He

was promoted to supervisor eight months later. He supervises seven officers.

David’s chief, Terry, tells him that based on workload statistics, another officer will

be assigned to David’s team. However, Terry explains that he is having some difficulty

deciding whether to assign 24-year-old Charlene, who was hired just four months earlier,

or 37-year-old John, who has nearly ten years’ experience as an officer with the agency.

Following some deliberation, Terry and David mutually agree that Charlene is the

better choice for this assignment, since she has more flexible work habits, and she will

find it easier to adapt to the work processes in David’s unit. Terry informs David that

Charlene will begin working with his team following the Federal Judicial Center’s

Orientation for New Officers at the Maritime Institute of Technology and Graduate

Studies (MITAGS) in Maryland during the first two weeks in January.

On November 20, David receives a letter inviting him to attend the Supervisory Skills

Seminar at MITAGS the second week in January. With Terry’s approval, David accepts

the invitation for training from the FJC. David and Charlene are responsible for making a

presentation to the chief judge and district court probation committee as soon as they

return from MITAGS.

During David’s second day at MITAGS, he sees Charlene in the cafeteria eating

lunch by herself and asks to join her. Charlene nods. While eating lunch, they share some

of their training experiences. David says, “I’m really looking forward to working with

you on the presentation before we go home. Let’s spend some time together here at

MITAGS to become better acquainted and begin work on our presentation.” Charlene

indicates her training schedule is very structured and includes evening assignments.

David suggests, “I would be more than happy to help you with any of your evening

assignments. Just give me a call.” He further adds, “You are a very attractive woman,

Charlene, so you probably have many options about how you could spend your evenings

here, but we really need to get started on our project.” Charlene quickly informs David of

her wedding scheduled for next June. She offers no eye contact at this point and excuses

herself with a cool observation that her next training session is about to begin.

Charlene makes no attempt to contact David during the remaining days at MITAGS.

However, each evening David leaves several phone messages for her to let her know he is

available and would like to discuss the project with her. Charlene tries to avoid him, but

knows she cannot continue to do so. After all, he’ll soon be her boss.
Diversity in the Courts: An FJC Guide 93

Suggested Discussion Questions

1. What are David’s intentions? Is he merely interested in the presentation, is he flirting

with Charlene, or is it something more?

2. What behaviors, if any, has David engaged in that are inappropriate, unwanted, or

nonreciprocal?

3. What effect can David’s behavior have on his professional relationship with

Charlene? What effect can it have on Charlene’s performance?

4. What action, if any, should Charlene take while at MITAGS? What action, if any,

should she take when she returns to work?

5. What, if any, is the chief’s role in this situation?
94 Diversity in the Courts: An FJC Guide

Case Study 11

Evaluating Clients

Nancy, a U.S. pretrial services officer, blots her face as she enters the building and

murmurs under her breath, “Not another scorcher today. This makes two weeks in a row

that the temperature has climbed to eighty-five degrees. And it doesn’t help knowing that

I’ll probably have another heated discussion with a client about his drug abuse

problems.”

Nancy, a 30-year-old white officer who has been in her position for five years, detests

these weekly drug tests for Lloyd Smith, a 28-year-old African American defendant. But

since this is part of the job, what choice does she have? Lloyd saunters into her office a

few minutes late, as usual. He is clean, but untidy. His pants are worn, and his shirt is

much too short for his lanky arms. Nancy thinks to herself, “He looks guiltier than sin. I

cannot imagine his test will be negative today.” He plops down in one of the chairs in

Nancy’s office, trying to prepare himself for Nancy’s weekly grilling. “Have you been

using this week, Lloyd?” Lloyd’s eyes do not meet hers as he replies, “No, I’m clean.”

“We’ll see how clean you are. Are you staying away from those folks in your

neighborhood you used to hang out with? You know, Lloyd, they aren’t helping you stay

clean. You’ve got to stop hanging around those folks.”

Instead of responding directly to her comment, Lloyd snatches the urine container off

her desk and says he’ll be back shortly to prove her wrong. After Lloyd leaves her office,

Nancy stops in to chat with a co-worker, Jonathan. “How’d it go with Lloyd this time,

Nancy?” he asks. She responds, “Well, I gave him the usual spiel about making sure he

stays away from those folks he hangs out with. You know, I really doubt if he can kick

the habit. I’ve seen it too many times before among his kind.” Jonathan asks hesitantly,

“And what kind would that be, Nancy?” Nancy replies matter-of-factly, “You know, his

kind. They rarely break the cycle.” Jonathan shakes his head, but says nothing more to

her.

The next week, Howard, a 35-year-old white offender, comes to Nancy’s office for

his weekly urine test. Nancy loves her meetings with Howard. He is so articulate, well

dressed, and handsome. She’s just not sure how he got mixed up with drugs. “Someone

probably forced it on him,” Nancy thinks to herself. She greets Howard warmly, “Well,

Howard. Good to see you this week. How are you?” Howard smiles broadly and

enthusiastically and replies, “Just fine, Nancy. Glad to see you, too. Just wish it were

under more pleasant circumstances.” Nancy smiles back as she responds, “I know

everything will go well for you, Howard. I’ve seen plenty, and I can tell you’re a winner.”

“It’s good to know you have so much confidence in me, Nancy. I’ll stop by to chat after

I’ve finished my test,” he says.
Diversity in the Courts: An FJC Guide 95

Once Howard leaves, Jonathan comes over to see if Nancy is ready to go to lunch. He

notices that she is humming. “Why are you in such a good mood, Nancy?” he asks.

Nancy responds, “Howard was just here. He has so much promise. Now, he, my friend,

will kick his habit, such as it is. There’s a big difference between him and Lloyd. One’s a

winner, the other—well it goes without saying.” Again, Jonathan just shakes his head,

and they leave the office to have lunch together.

Suggested Discussion Questions

1. What is your reaction to Nancy’s behavior toward Lloyd and her comments to her coworker? Do you see anything wrong in her actions and attitude? What effect, if any,

might Nancy’s comments have on Lloyd or offenders who have similar backgrounds?

What differences does Nancy perceive between Lloyd and Howard?

2. Does it appear that Nancy is keeping her relationship with Howard on a professional

level? Why or why not? Is her interaction with Howard simply a humane response to

someone with his background or is it something more?

3. Has Nancy violated any professional ethics in her interactions with Lloyd or Howard?

Why or why not? If so, which ones?

4. How would you describe Jonathan’s role and behavior in this study? What, if any,

responsibility does he have to help Nancy focus on the consequences of her behavior

and attitude? If you were Jonathan, what would you do?

5. What does your office do to encourage or discourage the type of behavior exhibited

by Nancy and Jonathan?
96 Diversity in the Courts: An FJC Guide

Case Study 12

Gay Issues in the Workplace

Jerry has been working as a court manager for approximately two years in a U.S.

district court. He came from a job in a private firm where the salary and benefits were

superb, but the atmosphere was conservative and rigid. He was told he had to behave like

the consummate company man: wear dark suits, grow no facial hair, show up at the

obligatory company picnics, dinners, and holiday parties with a spouse, and so forth.

Jerry left that stifling environment in search of a job that gave him more flexibility to

be himself while using his well-honed managerial skills. He enjoys the court environment

and finds his co-workers and colleagues to be hard working and cooperative. He is well

respected by the staff for his skills and ability to learn quickly. Moreover, his supervisor,

Elise, is a fine manager and a trusted confidant. He has told her that he is gay, and she has

kept the confidence. Yet, Jerry feels that the courts are more conservative than he

expected. “I’m not sure I can really be myself here, either,” Jerry laments to Elise one

day. “We are having our first office picnic at the end of the summer, and the staff are

bringing their spouses and children. What am I going to do?”

Elise explains impatiently, “Jerry, you have three choices. You don’t have to bring

anyone; after all, everyone knows you’re not married. Or you could bring a female friend.

Or you could bring George and introduce him as your friend, which he is.”

“Elise, I left my other job largely to work in a place where I am able to express who I

am without fear of getting ridiculed or being disrespected. I don’t want to continue

pretending I’m something I’m not. The staff and my co-workers always talk about their

family life—what they do as a family, how proud they are of their spouses and children.

I’d like to tell them about my life. But what if they don’t respect me as a supervisor once

they find out I’m gay? Can I afford to take that risk now?”

“Jerry, I’ll support whatever you want to do. As your supervisor, I understand there is

a risk. Let me think about it,” Elise says.

The next day, Sally, who reports to Elise, comes to see her because Sally suspects

Jerry is gay. “Come on, Elise,” Sally remarks sarcastically, “A good-looking guy like that

who isn’t married and drives to work everyday with some guy?” Sally tells Elise she is

worried about contracting AIDS and thinks Elise should put out an announcement about

the danger of AIDS and advise employees to be cautious about using the common

facilities in the kitchen. “If you won’t do it, Elise, I intend to share my concerns with

others. I don’t care what anyone says, AIDS is nothing to fool around with.”
Diversity in the Courts: An FJC Guide 97

Suggested Discussion Questions

1. Can you empathize with Jerry’s situation? Why or why not? What about Elise’s

situation? If you were Elise, how would you advise Jerry?

2. Do you think Sally’s fears and concerns are real? Why or why not? What do you

think is her motivation behind questioning Jerry’s sexual orientation?

3. How should Elise respond to Sally? What problems does she face? What options does

she have, and what are the consequences of these options?

4. What is the role of court employees in this situation? Do employees need to approve

of Jerry’s sexual orientation in order to have a productive work relationship with him?

Would your answers be different if Jerry were a judge? What if Jerry were a deputy

clerk? (For probation or pretrial services, would your answers be different if Jerry

were a client? )

5. What is the difference between sexual orientation and sexual preference? Why do you

think people hold such strong feelings about gays?

6. Is it appropriate for issues of sexual orientation to be addressed in the workplace? If

so, how should these issues be addressed?

99

4

FINDING AND WORKING WITH OUTSIDE EXPERTS ON DIVERSITY

This section provides specific suggestions for working with diversity consultants, local

academics, or others who can augment court training specialists’ current understanding

and knowledge about diversity and conduct diversity training programs for the court.

The following topics will be addressed: finding and selecting diversity experts,

conducting preliminary interviews and reference checks, conducting the final interviews,

and designing the program. This section also summarizes do’s and don’ts for working

with diversity experts.

Finding and Selecting Diversity Experts

A well-qualified outside expert can usually do a great deal to ensure the quality and

effectiveness of a diversity training program. Most court training specialists have

procedures for identifying a pool of outside consultants on particular topics, and they

should use those procedures to find someone to help them with diversity training.

Experts in the diversity area are most likely to be found in private industry—groups

or individuals who specialize in this type of management consulting—and in academic

institutions, particularly the faculty in departments of organizational, educational, and

social psychology; sociology; organizational development, communication studies, ethnic

studies, or gender studies; and anthropology. Be wary of consultants who have attempted

to capitalize on the recent interest in diversity training by relabeling generic training

courses as “diversity training.”

Court training specialists from other courts that have conducted diversity training

programs may be able to recommend experts and comment on their strengths and

weaknesses.

Conducting Preliminary Interviews and Reference Checks

Reviewing General Qualifications. Look for people who are content experts and

experienced facilitators, who have conflict resolution skills, and who can read the

audience well and constructively handle complex group dynamics. How do you know if

the person is a content expert? Ask the consultant the following questions:
100 Diversity in the Courts: An FJC Guide

• What are your credentials in this field? Experts in the diversity area have

academic backgrounds in social, educational, or organizational psychology;

organizational development; social work; sociology or anthropology; or crosscultural or gender communication. They should possess at least a master’s degree

in a content area and have an extensive training background.

• Have you published any articles or books on this topic or on related topics?

Authors do not necessarily make good presenters or facilitators, but if someone

has published books or articles on this topic, they can provide some idea of the

person’s knowledge and point of view.

• What is your approach to diversity training? How do you define diversity? What

dimensions of diversity do you cover? Dimensions should be broad and not focus

solely on race, gender, and ethnicity. Find out if the person has designed or

facilitated separate diversity programs or sessions, or incorporated modules on

diversity into managerial or skill-building courses. Ask the person how he or she

sees the relationship between managing diversity and organizational performance

or productivity, and the relationship between diversity initiatives and

organizational mission, goals, and values. Ask for sample course outlines.

• Do you provide training for both supervisors and non-supervisors at all levels of

knowledge and awareness? Are objectives and content different for each group?

Ask for sample objectives, course outlines, and exercises for each level.

• How interactive are your training sessions? Training sessions should be

interactive or experiential and include a range of learning strategies, such as

exercises, case studies, videotapes, and small-group discussions. (Refer to section

3 of this guide for more detailed guidelines.)

• How long are your training sessions? Be skeptical of anyone who claims to be

able to conduct an effective diversity training session in less than four hours

unless it is an introductory session.

• What is your ideal number of participants for a training program? In diversity

training, it is desirable to keep the group under forty, if at all possible.

• How will you determine the specific needs for diversity training in our court? It is

difficult to get into the details of an expert’s needs assessment process in a

preliminary phone conversation, but you can get an idea of the person’s general

approach and commitment, then explore it in more detail in the final interview.

Reviewing Experience in Conflict Management. Consider asking the expert specific

questions about his or her experience in managing or facilitating conflict resolution

sessions, or confrontational or emotional participants in diversity or general training

situations. Most trainers in this area will be reluctant to let you observe one of their

programs, because participants may be less willing to share sensitive information in the
Diversity in the Courts: An FJC Guide 101

presence of a stranger. Here are a few questions to ask about the expert’s conflict

management approaches.

• How would you handle or have you handled a situation in which a participant

refused to participate in an exercise designed to help him or her confront and deal

with personal prejudices or biases?

• Describe a specific situation in which two participants or a group of participants

clearly became hostile to one another in a diversity training session. How did you

handle it? What was the outcome? (Ask the expert to provide references who can

attest to the way in which he or she handled this situation.)

• How do you respond to participants who see no need or use for diversity training?

• Have you ever conducted training sessions on conflict resolution? (Ask for

references.)

Seeking a Diverse and Complementary Team. If possible, look for a team of two

trainers with complementary styles. It is important to have a well-balanced and diverse

team. (Consider the implications of a diversity workshop for a diverse group led by two

white men.)

Checking References. This step should never be omitted. Failure to check references can

have devastating results for diversity training programs.

• Make sure that the references are for organizations in which the person has

conducted diversity training.

• References from at least one government or nonprofit agency may be more

valuable and relevant than references from private industry because the court

culture and environment may be more like that of other government agencies.

Conducting the Final Interviews

After the list of candidates has been narrowed to two, consider having the two candidates

visit the court to learn about the dynamics of the court environment and culture, and to

give you and the diversity education planning committee an opportunity to talk about the

program design. You should ask each outside expert to discuss his or her needs

assessment expertise and to bring course objectives, outlines, and exercises of other

diversity programs he or she has designed and delivered.

Needs Assessment Expertise or Experience. As explained in section 2 of this guide, one

cannot design a diversity training program that addresses the needs of staff, the

organizational culture, and the court environment without learning firsthand what needs

or problems exist. Learn how the candidates determine the type of training that is needed
102 Diversity in the Courts: An FJC Guide

and the format of the training. Generic diversity training programs are usually

unsuccessful if not modified to meet the needs of each court.

The following are questions to ask about needs assessment experience:

1. What kind of information do you collect to determine the appropriate level and

type of training needed? How is this information collected?

2. What specific experience or expertise do you have in designing, conducting, and

analyzing needs assessment data for diversity training programs? (Refer to section

2 of the guide. Those with experience in this area should be able to provide

references of organizations for which they have conducted assessments.)

3. Would you be able or willing to use the sample needs assessment survey provided

in the guide to design training sessions or adapt it to include in your own needs

assessment process?

4. Are you amenable to involving a training committee or a group of the participants

in helping to determine the needs assessment process?

5. How would you actually conduct the needs assessment? If you were conducting

interviews or focus groups, how would you gain the trust of employees being

interviewed? Would you facilitate all the focus groups if this method is used? If

not, who would assist you?

6. What measures do you take to ensure the confidentiality of participants’

responses?

7. If you don’t use a formal needs assessment method, what informal methods have

you used to determine diversity training needs?

Designing the Training Program

After you have selected an expert (or team of experts) and the planning committee has

briefed him or her on the court environment and discussed curriculum materials, the

expert should be prepared to submit training objectives and an outline for the training to

be delivered to the court. Review with the expert the advice and guidance in sections 1

and 3. Summarized below are several issues to keep in mind.

• Learning objectives. The objectives should emanate from the needs assessment

results and from discussions the expert had with the diversity education planning

committee. The objectives should focus on specific, measurable behaviors rather

than attitudes, which are difficult to change in any training program.

• Learning strategies. Sessions that rely heavily on lectures are less effective for

diversity training than for most other kinds of management training. Participants

must be actively engaged in interactive activities, including court-specific training
Diversity in the Courts: An FJC Guide 103

exercises. In the survey of court training specialists conducted for this guide,

trainers indicated that by far the most successful programs were those in which

consultants used a variety of activities, such as small-group discussions (preassigned so that cliques do not sit together), discussions of videotapes (refer to

section 7 of guide for some suggestions) and court-specific role-plays, exercises,

and case studies. Ask the expert to share with the planning committee specific

exercises and learning activities he or she has used for other diversity training

programs. Show the expert the case studies and sample program outlines in

section 3 of this guide. The planning committee should work with the expert to

use or adapt them for the program.

• Length of training session. Court training specialists who have used consultants

to conduct programs for court employees suggest that introductory programs of at

least six hours to eight hours are more effective than programs of shorter duration.

In addition, programs for the general staff can be followed up with a one-day or

two-day workshop or retreat for general staff, managers, or both that covers indepth some of the issues revealed in the needs assessment. Another alternative is

to arrange for two half-day sessions for the initial program.

• Training format. Discuss with the expert the advantages and disadvantages of

providing a single-focus program on diversity as opposed to incorporating a

diversity module into a program on an appropriate topic, such as managing

change, enhancing communication, or dealing with organizational or individual

conflict.

• Training participants. Does the expert recommend training senior court

managers first? Will supervisors and non-supervisors participate in the same

training session for the entire time, or will they be separated for specific

activities? The expert should be able to explain the advantages and disadvantages

of each approach.

• Handouts. Make sure to get handouts of the program agenda, exercises, and other

relevant materials at least three weeks before the program. The diversity education

planning committee will want to review the materials to make sure that they are

consistent with the agreed upon design and that their quality (i.e., content and

presentation) is acceptable.

Center Assistance for Using a Diversity Expert

The Center does not have funds to support the use of a diversity expert in every court;

however, a limited amount of money is available from the Center to supplement court

funds for hiring a local diversity expert. The court training specialist should submit a

request for funding using the same procedures that are used for local training requests.
104 Diversity in the Courts: An FJC Guide

Paperwork should be submitted to Denise Glover, Clerks’ Office Programs, Court

Education Division at least three months prior to program delivery.

Final Do’s and Don’ts for Working with Diversity Experts

The following points summarize some key issues for the diversity education planning

committee to discuss with the expert.

• Beware of experts who make sweeping statements about ethnic or racial groups.

Those who stereotype groups do damage to a program because they fail to

recognize variations in individual behavior. Most of us, after all, are diverse on

many different dimensions, not just one or two.

• Make sure training will explain the purpose of diversity training and how it can

improve the effectiveness and productivity of the courts. The expert should be

able to discuss the integration of diversity initiatives with the court unit’s mission,

goals, and values. He or she should be able to explain that diversity management

can improve the functioning of work teams, total quality initiatives, motivation,

decision-making and problem-solving processes, managing change, and so forth.

• Make sure the expert discusses the differences between equal employment

opportunity, affirmative action, and managing diversity. Don’t forget to explain to

program participants that the federal judiciary is not covered by many of the

personnel laws that apply to the rest of the government and the private sector.

• Don’t try to cover too much material in a short period of time. It is better to plan

follow-up sessions, or reduce the number of objectives to be covered in the time

you do have.

• Keep program attendance to fewer than forty people.
105

5

PROMOTING THE PROGRAM

Court training specialists should begin promoting the training program before the

diversity education planning committee has been established (see section 3). First make

sure you have the support of the unit executive; the unit executive should be responsible

for keeping the chief judge and others appropriately advised. Then keep the executive

abreast of your progress, and make sure he or she has an opportunity to review the

process, including the needs assessment survey.

This section covers two topics: what should be included in a proposal for the program

to management, and ways to build staff support for the program.

Proposal to Management

The proposal to the unit executive or other manager can be formal or informal, depending

on that person’s style. The proposal should address the following issues:

• Why it is important for all staff to receive diversity training (e.g., Judicial

Conference recommendations and organizational benefits presented in section 1

of this guide).

• How the organization can determine what, if any, diversity-related problems exist

and which ones can be addressed through training. Discuss the needs assessment

options presented in section 2 of this guide.

• What the court training specialist needs from management in terms of

commitment, support, and resources, including time, people, and money. It is a

good idea for the unit executive to open the program as a visible show of support.

(See the first part of section 2 on assessing readiness for training in this guide.)

• What the training process will entail, how long it will take, and how diversity

training will differ from other kinds of training. Discuss the importance of staff

involvement and support.

• Whether the training program will use an outside expert, and if so, how the expert

will be chosen and how the expert will work closely with the diversity education

planning committee.

• What management can expect as a result of the training. Be realistic about the

outcome of the training program. Skill building should be a goal, but a one-time
106 Diversity in the Courts: An FJC Guide

training program will not produce long-term behavioral changes without

reinforcement and follow-up. Explain that diversity training is an ongoing

process, just as team building, quality initiatives, and other types of training are.

• What follow-up activities and programs could be used to reinforce and continue

diversity efforts. (See section 3 of this guide for examples.)

In addition, invite a unit executive from another court who has benefited from

diversity training to talk to the unit executive about the training’s effectiveness. Share this

guide and other relevant articles or videotapes with the unit executive and ask him or her

to read at least sections 1–3.

Building Staff Support

Efforts to build staff support should be creative, varied, and steady (although not pushy)

and can include any of the following:

• Design and distribute informational fliers on what diversity is and how it can

improve the office environment (e.g., sometimes it’s useful to ask questions: “Did

you know that promoting diversity is different from promoting EEO and

affirmative action? Come to the training program and find out how it is

different.”). Use relevant information in this guide, especially information from

section 1.

• Arrange brown bag lunches to show short diversity videotapes as previews of the

diversity training program (e.g., A Tale of ‘O’, The Dynamics of Diversity, or

Faces).

• Distribute or post witty, thoughtful, or funny diversity “quotes” or cartoons as

fliers (make sure the quotes or cartoons are indeed funny and not offensive).

• Make sure you keep the staff apprised of the committee’s work and progress, and

solicit their input, through formal and informal means, as much as possible.

• Involve staff in choosing appropriate case studies for the training or revising or

writing a new case study (refer to case studies at the end of section 3 of this

guide), or ask them to submit questions they might have about workplace

diversity. This strategy might be more effective if you instruct them to submit

questions anonymously.

• Once a week, send out a diversity “quiz” question over e-mail, with the

permission and support of the unit executive (see Sample Diversity Awareness

Quiz at the end of section 3 of this guide).

• Circulate relevant newspaper or journal articles about diversity-related issues.

• Compile and distribute a short list of informative articles or books (refer to section

7 of this guide).
107

6

EVALUATING THE PROGRAM

After the training program is over, court training specialists should evaluate the

program’s effectiveness. This section reviews approaches to evaluating diversity

programs, identifies the major components of evaluations, discusses two types of

evaluation forms: individual and group, and provides two sample evaluation forms.

In some ways, evaluating diversity training programs varies little from evaluating

other types of training programs. It is critical to know exactly what the diversity training

program was intended to accomplish in order to know how to evaluate it. It is important

to use the evaluation to assess the program’s content and the trainer’s effectiveness and

also to solicit ideas about follow-up activities or programs.

In other ways, though, diversity program evaluation may differ from other

evaluations. Because of the sensitive nature of diversity training and the need to plan

follow-up activities, it is important to consider using more than the standard individual

written surveys or forms to be completed by participants. Group evaluations can provide

additional information to the court.

Know What Is Being Evaluated

Whether the person evaluating the program chooses to use just individual evaluations or

both individual and group forms, the evaluator first needs to determine why the unit

undertook diversity training: for example, to demonstrate management’s interest and

commitment to promoting awareness, to respond to a particular problem or set of

problems, or to satisfy the chief judge, who wants a proactive program. The evaluation

should address these specific purposes. For example, the following questions address

program content:

• How well were the program objectives met?

• How well were participants’ training expectations met?

• Was ample time allotted for the training program?

• Were the exercises, videotapes, and other learning strategies effective? (If more

than one was used, consider asking about each one separately so that participants

know which ones they should evaluate.)
108 Diversity in the Courts: An FJC Guide

The following questions address the effectiveness of the faculty:

• Was the faculty knowledgeable about the content?

• How effective were the facilitation and processing skills of the faculty?

• How well was the presentation structured? (Evaluate clarity, organization, and use

of handouts and audiovisual aids.)

• How well were the learning strategies discussed by the faculty?

• Was the session sufficiently interactive to allow for small-group discussions?

To evaluate both the program’s content and faculty’s effectiveness, ask the following

questions:

• What were the program’s strengths?

• What were the program’s weaknesses?

If, however, you focus on the planning process for the program and want to identify

its strengths and weaknesses, ask participants the following questions:

• Were you provided adequate opportunity to participate in the planning process?

• What role, if any, would you like to see management play in subsequent diversity

efforts?

• Were training needs adequately identified?

• Was enough information provided about the content and purpose of the program?

• What information about diversity, if any, would have been helpful for you to have

prior to the training?

• Did the outside expert seem to know enough about the operation of the court to

provide an appropriate context for the program?

• Were you apprehensive about the training program before it began? If so, do you

have any suggestions about how the diversity education planning committee or

the outside expert could have minimized your apprehension?

• Do you have any suggestions for enhancing the planning process for the program?

Individual Evaluation Form

Once you have identified the areas you want to evaluate, you can design the individual

evaluation form. If possible, try to use a scale for responses that ranges from excellent to

poor, or very effective to not effective at all, which participants can use to respond

thoughtfully but quickly. It will be necessary to include a few open-ended questions, but

keep them to a minimum. In a question about suggestions for follow-up activities, for
Diversity in the Courts: An FJC Guide 109

example, ask respondents to rank several choices listed on the form, and then provide an

opportunity to “write in” one or two additional choices. (See the sample form that appears

at the end of this section.)

Try to keep the form for the entire program to no more than four pages. You will

receive a higher response rate with fewer, well-designed questions. Also, a shorter

questionnaire will facilitate compiling the responses, which must be done in a timely

fashion.

Group Evaluation Form

The purpose of a group evaluation is to collect more in-depth information on the

effectiveness of the program by providing an opportunity for a small group of participants

to discuss the program with one another. Unlike the individual evaluation form, the group

form should include primarily open-ended questions, which provide groups with an

opportunity to openly discuss different perspectives and summarize them in a group

response. The synergy of the group is much like that of focus groups. Since the opinions

of this small group of individuals do not reflect those of all the participants, group

evaluations should always be conducted in addition to individual evaluations.

The procedure for planning the group evaluation process includes several steps:

1. Develop five or six open-ended questions (see sample form at the end of this

section).

2. Tell workshop participants at the beginning of the session or at a break that five to

ten people will be needed (depending on the total number of participants) to stay

thirty to forty-five minutes after the program ends to participate in a group

evaluation. Each group should include no more than eight participants.

3. Emphasize that this process is an opportunity for participants to play an active

role in evaluating the effectiveness of the training and in enhancing the quality of

subsequent diversity training.

4. Assure volunteers that none of the planning committee members or others who

played a part in planning, designing, or facilitating the program will be involved

in the group evaluation discussions. Tell them that there is no need to sign their

names to the form. (If possible, provide a separate room for them to do the

evaluation.)

5. Write out the instructions to the group and ask the group members to read them.

Answer any questions they have.

6. Ask the group to select a facilitator to keep the discussion moving. Someone else

should record the responses and return the completed form to the court training

specialist.
110 Diversity in the Courts: An FJC Guide

Follow-Up Evaluation

Diversity programs, like most training programs, cannot promise immediate results, and

even if they do produce immediate results, the results may not last. Thus, consider

undertaking a follow-up evaluation three or six months after the program. There are

several follow-up evaluation options. The court training specialist might administer the

needs assessment form to a selected sample of employees to see if employees’

perceptions of problems have changed. Or the court training specialist might administer a

brief form to supervisors to learn if they have observed any differences in their

employees’ behavior since the training program.

Such follow-up evaluations can be helpful, but don’t expect too much from them. On

the one hand, just because an evaluation form cannot measure specific behavioral

changes attributed to a training program does not mean that the program had no impact.

On the other hand, changes that may have occurred over a six-month period cannot

automatically be assumed to have been caused by the training program.
Diversity in the Courts: An FJC Guide 111

Sample Individual Evaluation Form for a Diversity Program

Program title:____________________________________________________________

Faculty: ________________________________________________________________

Location: _______________________________________________________________

Date: __________________________________________________________________

Instructions: This form provides you with an opportunity to evaluate the diversity

program in which you participated today. The information you offer is anonymous and

will be used only to enhance the quality of diversity programs and plan follow-up

activities. Thank you for your assistance. Please use the scale below to rate the program

on each of the dimensions listed. Circle only one number for each dimension.

1 234 5

Poor Fair Good Very good Excellent

1. Clarity of program objectives 12345

2. Effectiveness of program in meeting 12345

objectives

3. Effectiveness of program in helping 1 2 3 4 5

you understand diversity in the workplace

4. Content knowledge of faculty 1 2 3 4 5

5. Clarity of faculty presentations 12345

(e.g., how well organized,

how clearly delivered)

6. Faculty’s effectiveness in presenting 1 2 3 4 5

material (e.g., use of visual aids,

encouragement of open discussion)

7. Helpfulness of training materials and handouts 12345
112 Diversity in the Courts: An FJC Guide

8. Opportunities for discussion and interactive 12345

activities

9. Effectiveness of the following learning activities:

a. Diversity quiz or ice breaker 1 2 3 4 5

b. Videotape 12345

c. Case studies 12345

d. Small-group discussions 12345

e. Action planning 12345

f. Other activities, if used 12345

10. Time allotted for program 12345

11. Safety of environment for open and 12345

honest discussion of diversity concerns

12. Opportunities for all staff to participate 12345

in planning the program

For the following questions, please write your responses in the space following the question.

13. What were the program’s strengths?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________
Diversity in the Courts: An FJC Guide 113

14. What were the program’s weaknesses?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

15. If a follow-up diversity program is offered, what specific topics or issues would you like to see covered

that were not covered at all or not covered well in this training program?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

16. Please rank the following follow-up activities in order of importance on a scale of 1 to 6, with 1 being

least desirable, and 6 being most desirable. Write your number rank in the blank next to the activity.

Do not use the same number twice.

 a. Diversity training for managers or supervisors. ________

 b. Training sessions on personnel policies, including but not limited to the court’s EEO ________

plan, the Family and Medical Leave Act, and the court’s sexual harassment policy.

 c. Staff participation in writing diversity policy and/or incorporating diversity ________

initiatives into the district’s or court’s mission, values, or goal statements.

 d. Formulation of a diversity task force or committee to develop and design follow-up ________

activities, including educational and cultural learning activities.

 e. Diversity issues incorporated into other training programs, such as programs on ________

leadership, communication, and managing change.

 f. Other activities (please identify.) ________ _________________________________
114 Diversity in the Courts: An FJC Guide

Please circle your overall rating for this program.

123 4 5

Of no value Of little value Valuable Very valuable Extremely valuable
Diversity in the Courts: An FJC Guide 115

Sample Group Evaluation Form for a Diversity Program

Instructions: Please select a facilitator. Then read the open-ended questions below,

discuss them among yourselves, and select a recorder to summarize the group’s responses

to each question on this form. The group is not expected to reach a consensus on each

question. Describe the individual responses for each question if responses vary. If there is

consensus, please indicate that there was group consensus on that question. Use extra

sheets if necessary. The facilitator should return the completed form to the court training

specialist. Thank you.

1. What program components or modules did you find useful? Why were they useful? How will you use

them?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

2. What program components or modules were not particularly useful? Why?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

3. Do you think there should be follow-up training on diversity? If so, what ideas or issues were not

covered in this program that you would like incorporated into a possible follow-up diversity program?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________
116 Diversity in the Courts: An FJC Guide

4. Would you recommend using the same faculty in a follow-up diversity training program? Why or why

not?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

5. What exercises or learning activities worked best for you? Why? Which ones did not work well? Why?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

6. What further comments or suggestions do you have for enhancing the quality of the program?

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

Please circle the group’s overall rating for this program.

123 4 5

Of no value Of little value Valuable Very valuable Extremely valuable
117

7

ANNOTATED LIST OF DIVERSITY RESOURCES

This final section of the guide lists sources for diversity education and training as well as

general materials useful for understanding work-force demographics, diversity concepts,

terminology, and philosophy, and the organizational implications of diversity efforts. The

sources are arranged under the following headings:

• articles;

• books and reports;

• education and training resources;

• newsletters and booklets;

• videotapes; and

• other resources.

Starred items are highly recommended.

Articles

*Carr, Clay. “Diversity and Performance: A Shotgun Marriage?” Performance

Improvement Quarterly 6, no. 4 (1993): 115–26.

This article suggests that diversity management may not work well in all

organizations, especially in traditionally structured hierarchical ones. The author

discusses various definitions of diversity, the conflict that is inherent in diversity, and

the conditions under which this conflict can benefit the organization.

*Delatte, Ann Perkins, and Baytos, Larry. “Guidelines for Successful Diversity

Training.” Training 30 (January 1993): 55–60.

This article provides eight key guidelines for successful diversity training: distinguish

between education and training; position training as part of an overall strategy; do not

start training prematurely; conduct a thorough needs assessment; include diverse

input into the design process to increase relevance; test the program; use a mix of

internal and external resources to enhance efficiency and credibility; and incorporate

diversity education and training into the core curriculum so that it becomes a way of

life in the organization.
118 Diversity in the Courts: An FJC Guide

Geber, Beverly. “Managing Diversity.” Training 27 (July 1990): 23–30.

Companies should examine their hiring, management, and training procedures to

ensure that employees achieve their full career potential regardless of ethnic and

cultural backgrounds, and through awareness training should encourage managers to

examine their management styles for similar barriers. A company that has a policy of

valuing and managing diversity will be able to attract and retain quality workers from

a changing labor pool. The steps firms can take to manage the culturally diverse work

force of the twenty-first century include surveying employees directly to identify their

complaints and needs; examining corporate culture and history to identify underlying

values; and making changes in corporate structure and policies to meet the needs of

employees.

Goldstein, Jeffrey, and Leopold, Marjorie. “Corporate Culture vs. Ethnic Culture.”

Personnel Journal 69 (November 1990): 83–92.

Because of work-force diversity, conflicts arise between employees’ ethnic culture

and corporate culture, but managers can take steps to manage diversity. This article

emphasizes that managers should conduct open discussions about employees’

differences, become aware of diversity, adhere to equal employment opportunity

policies, explain the corporation’s unwritten rules about corporate culture, and

encourage employees to talk to co-workers about corporate culture.

Gordon, Jack. “Rethinking Diversity.” Training 29 (January 1992): 23–30.

This article reviews and assesses the criticisms of corporate diversity training

programs (e.g., potential for wide cultural gaps between various ethnic groups, and

the tendency for trainers to be sermonistic).

Hill, Alvin C., Jr., and Scott, James. “Ten Strategies for Managers in a Multicultural

Work Force.” HR Focus 69 (August 1992): 6.

This article advises managers to implement programs to heighten awareness of

cultural differences, foster appreciation of these differences, and identify the

commonalties among various groups. Managers should develop their communication

skills, verbalize their concerns and confusion, make efforts to understand the needs

and concerns of the different groups, discourage stereotyping of any group in the

workplace, and involve all employees in the decision-making processes and in

organizational activities.
Diversity in the Courts: An FJC Guide 119

*Jackson, Bailey W., and Holvino, Evangelina. “Developing Multicultural

Organizations.” Journal of Religion and the Applied Behavioral Sciences 9 (Fall

1988): 14–19.

For an organization to be truly multicultural, it must include members of diverse

cultures and social groups as full participants, especially in decisions that shape the

future of the organization.

Johnson, Randall. “Diversity Training: Integral Steps for Bridging Race, Language,

Gender Gaps.” Training Directors Forum 8 (April 1992): 1–3.

This article analyzes three approaches to dealing with work-force diversity: (1)

implementing “awareness training” to help employees become more sensitive to, and

less biased against, others; (2) treating diversity as an organizational and management

concern, with efforts focusing on what aids or obstructs diversity management; and

(3) systematically reviewing company policies and practices to see how they can

incorporate diverse needs and preferences.

Kennedy, Jim, and Everest, Anna. “Put Diversity in Context.” Personnel Journal 70

(September 1991): 50–54.

Of new employees hired in the 1990s, 85% are expected to be women and minorities.

A company’s success may therefore depend on its ability to adjust to the requirements

of a multicultural work force. An appreciation of the dynamics of intercultural

communication provides a basis for evaluating employees from diverse backgrounds.

Personnel managers can use the model of high- and low-context cultures developed

by anthropologist Edward T. Hall as a means for improving interaction among diverse

employees. The model can also be applied in understanding the communication gap

between men and women.

Mandell, Barbara, and Kohler-Gray, Susan. “Management Development That Values

Diversity.” Personnel 67 (March 1990): 41–47.

The authors offer a four-phase management development program organizations can

use to eliminate bias and stereotyping, and add diversity to the workplace. The phases

are (1) assess the organization’s commitment to diversity and the career growth of all

employees; (2) analyze carefully the organization’s current training and development

programs designed to eliminate all forms of stereotyping and bias; (3) offer

organization-wide workshops on valuing diversity, individual career growth, and life

within the organization; and (4) evaluate managerial training and its impact on the

organization.
120 Diversity in the Courts: An FJC Guide

*Mobley, Michael, and Payne, Tamara. “Backlash: The Challenge to Diversity Training.”

Training & Development 46 (December 1992): 45–52.

Discusses the current backlash some organizations have felt as a result of poorly

planned diversity training. Factors that contribute to this backlash include the use of

incompetent trainers, the reaction of some white men who “are tired of being made to

feel guilty in every discussion of diversity,” and the inability of some organizations to

develop a training curriculum that meets employees’ diversity training needs. Once

organizations recognize the causes of backlash, they can work to avoid them.

Organizations that gain support for diversity training from top management, “affirm

the value of each person’s experience and viewpoint.”

Thacker, Rebecca. “Preventing Sexual Harassment in the Workplace.” Training and

Development 46 (February 1992): 51–53.

Employees who have been sexually harassed but don’t complain to management send

the message that such behavior is acceptable. Strategies to assist supervisors in

training employees on ways to register sexual harassment complaints include

assessing why people are reluctant to report harassment, understanding the

socialization associated with such reluctance, and defining behavior that constitutes

sexual harassment and ways employees can respond to such behavior.

*Thomas, R. Roosevelt, Jr. “From Affirmative Action to Affirming Diversity.” Harvard

Business Review 90 (March/April 1990): 107–17.

The author discusses the difference between affirmative action and managing

diversity and suggests ten guidelines for learning to manage diversity: clarify your

motivation, clarify your vision, expand your focus, conduct a diversity audit of your

organization, modify your assumptions, modify your systems, modify your models,

help your people pioneer, apply the special consideration test, and continue

affirmative action.

Work-Force Diversity Issue. Training and Development 4 (April 1993).

This issue of Training and Development focuses on many dimensions of work-force

diversity. Seven feature articles address the need for American workers to embrace

the concept of valuing cultural diversity in the workplace. The articles’ topics range

from introducing work-force diversity issues to explaining how organizations benefit

from diversity. The issue addresses the attitudes people may have about people who

are different from themselves and the language that should be used to show mutual

respect for one another. Articles about the progress of women and minorities in U.S.

firms and sexual orientation issues in the workplace are also included.
Diversity in the Courts: An FJC Guide 121

Books and Reports

Coates, Joseph F., Jarrat, Jennifer, and Mahaffie, John B. FutureWork: Seven Critical

Forces Reshaping Work and the Work Force in North America. San Francisco:

Jossey-Bass, 1990.

The authors use extensive quantitative data to analyze seven major changes taking

place in the American workplace, from the increase in heterogeneity to the integration

of work life with home life.

Dooley, Jeanne, Karp, Naomi, and Wood, Erica. Opening the Courthouse Door: An ADA

Access Guide for State Courts. Washington, D.C.: American Bar Association, 1992.

Although the Americans with Disabilities Act (ADA) does not technically apply to

the federal courts, this informative guide provides advice on extending fairness to the

disabled. Specifically, the guide presents ideas for getting people into the courthouse,

assisting people through the court and court processes, ensuring full participation in

court processes, making courtroom hearings and trials accessible, and including

people with disabilities in juries. Especially useful is a chapter entitled

“Understanding the Range of Disabilities,” which defines the different types of

disabilities outlined in the ADA.

Jackson, Susan E., and Associates. Diversity in the Workplace: Human Resource

Initiatives. New York: Guilford Press, 1992.

This book presents essays and case studies on workplace diversity issues. It uses case

studies from Xerox, Pacific Bell, and the federal work force to address organizations’

need to create a diverse work force; promote personal growth and team development;

and create strategic initiatives to manage workplace diversity. The book concludes

with three essays on managing workplace diversity.

*Jamieson, David, and O’Mara, Julie. Managing Work Force 2000: Gaining the

Diversity Advantage. San Francisco: Jossey-Bass, 1991.

This book outlines a management model based on greater responsiveness to diverse

individual needs and talents. The authors forecast the makeup of America’s work

force in the year 2000 and suggest possible implications for organizations. The final

chapter describes sixty-five organizations that specialize in issues of diversity in the

workplace.
122 Diversity in the Courts: An FJC Guide

*Johnson, Molly Treadway. Studying the Role of Gender in the Federal Courts: A

Research Guide. Washington, D.C.: Federal Judicial Center, 1995. (Available from

the FJC Information Services Office.)

Almost half of the federal courts have formed task forces to study how gender or

attitudes about gender affect the work of the circuits. This guide was designed to help

circuits or courts form gender task forces, select issues to study, and carry out various

research methods. Appendices provide descriptions of state court task force studies as

well as sample research instruments (e.g., survey questions and interview protocols).

*Johnston, William B., and Packer, Arnold E. Workforce 2000: Work and Workers for

the 21st Century. Indianapolis, Ind.: The Hudson Institute, 1987 (Prepared for the

U.S. Department of Labor).

This report presents original research on the future of the American economy and

workplace. Many diversity initiatives were built on this report. Major trends are

documented and analyzed.

*Loden, Marilyn, and Rosener, Judy B. Workforce America!: Managing Employee

Diversity as a Vital Resource. Homewood, Ill.: Business One Irwin, 1991.

This book presents a discussion of how organizations can respond to a diverse work

force in a constructive, rather than a reactive, manner. It emphasizes the need for

sensitivity to the styles, needs, and values of diverse individuals, and suggests specific

strategies for building more productive relationships in the workplace.

*Morrison, Ann M. The New Leaders: Guidelines on Leadership Diversity in America.

San Francisco: Jossey-Bass, 1992.

The author uses empirical research to analyze the nature and extent of differential

treatment based on ethnicity and gender, and to identify three key factors (challenge,

recognition, and support) essential for sustained leadership development. This source

addresses practices for promoting and sustaining diversity, such as education,

enforcement, and exposure. It also provides a step-by-step, chapter-by-chapter

process for developing a coherent diversity plan that can be tailored to the specific

needs of any organization.

Powell, Gary N. Women and Men in Management. Newbury Park, Cal.: Sage, 1988.

The author explores the changing norms about women’s roles, particularly in

management. The book addresses a wide range of topics, from female–male

relationships at work to gender stereotyping. Noteworthy chapters are “Promoting

Equal Opportunity” and “Looking Ahead.”
Diversity in the Courts: An FJC Guide 123

Thiederman, Sondra. Profiting in America’s Multicultural Marketplace: How to Do

Business Across Cultural Lines. New York: Lexington, 1991.

This book offers information and techniques for bridging the cultural barriers

increasingly present in government, nonprofit, and business workplaces. It includes

such chapters as “Interviewing and Assessing the Culturally Different Worker,”

“Guidelines to Understanding the Nonnative English Speaker,” and “The Importance

of Learning About Values.”

*Thomas, R. Roosevelt, Jr. Beyond Race and Gender: Unleashing the Power of Your

Total Workforce by Managing Diversity. New York: American Management

Association, 1991.

The author emphasizes the limits of traditional approaches to dealing with diversity

issues and stresses the importance of an organization’s assessing and modifying its

cultural roots with a “culture audit.” A culture audit is a tool used to gain information

regarding the cultural makeup of the organization and the interactions and operations

affected by the composition of the staff. This book presents extensive case studies and

a sample culture audit.

Education and Training Resources

*Allender, Julie Ann. “Men and Women Working Together: Beyond Gender

Stereotypes.” In Twenty Active Training Programs, edited by Mel Silverman. San

Diego: Pfeiffer & Co., 1992.

This seven-hour training program is designed for a mixed group of men and women

of approximately equal numbers. The purpose is to decrease gender-role tension,

increase awareness of pressures from stereotypes and past teachings, and help

individuals develop more flexible role models. The program allows participants to

evaluate gender-role stereotypes, examine gender-defined roles in the workplace,

learn about the concept of androgyny, expand their repertoire of gender cooperation

skills, and learn how men and women can be productive partners. It includes a

program outline and learning activities and forms as well as a bibliography of books,

videotapes, and other resources related to gender issues.

*Anderson, Marie. “Appreciating Diversity: A Window of Opportunity.” In Twenty

Active Training Programs, edited by Mel Silverman. San Diego: Pfeiffer & Co.,

1992.

This training program introduces participants to the various ways in which they can

build effective interaction and communication in diverse groups. It provides an
124 Diversity in the Courts: An FJC Guide

outline of a six-hour training program on examining differences and planning for

change. It includes structured learning activities, such as small-group discussions,

simulations, presentations, guided teaching, games, and writing assignments. It can be

modified to meet the specific training needs of individual courts.

Cooper, Kenneth, C. “Confronting Sexual Harassment in the Workplace.” Trainer’s

Workshop 3 (September/October 1989): 1–64.

The American Management Association describes an effective sexual harassment

training module with four topics for discussion: (1) the psychological background of

harassment; (2) legal and behavioral definitions of sexual harassment; (3)

management concerns; and (4) case studies to tie the other training sessions together.

The training module has tear-out pages that serve as overheads for outlining key

points discussed in the training program.

Dickerson-Jones, Terri. 50 Activities for Managing Cultural Diversity. Amherst, Mass.:

Human Resource Development Press, 1993.

This resource includes and explains fifty activities and handouts to help managers

explore the effects of differences among employees. Reproducible activities are

classified according to the training objectives they are designed to meet: managing

diversity, valuing uniqueness, prejudice awareness, prejudice reduction, and

affirmative action.

Gardenswartz, Lee, and Rowe, Anita. Managing Diversity: A Complete Desk Reference

and Planning Guide. Homewood, Ill.: Business One Irwin, 1993.

This is a comprehensive resource of information on how to conduct a diversity audit;

create an organizational culture that embraces diversity; maximize the potential of

meetings to work for everyone; conduct performance evaluations in a diverse

organization; and hire, train, and promote a diverse work force. It includes

worksheets, activities, charts, and forms to use in implementing the ideas presented.

Goodman, Neal R. “Cross-Cultural Effectiveness: Obtaining Success in the Global

Arena.” In Twenty Active Training Programs, edited by Mel Silverman. San Diego:

Pfeiffer & Co., 1992.

This seven-hour training program is designed to enhance the effectiveness of all

people whose work brings them into contact with people from other countries or

cultures. The goal of the program is to increase participants’ awareness of hidden

cultural assumptions, expand their repertoire of culturally appropriate behaviors, and

help them understand how cultural factors affect job performance. A program outline

and learning activities, and a bibliography of books, videotapes, and other resources

relating to cultural awareness are included.
Diversity in the Courts: An FJC Guide 125

*LaMountain, Dianne, and Abramms, Bob. The Trainer’s Workshop on Cultural

Diversity. Amherst, Mass.: Human Resource Development Press, 1993.

This resource of training aids and tools provides practical and useful information on

work-force diversity training. It includes a definition of diversity, a description of the

origins of diversity, a discussion of the kinds of programs organizations need, and

explanations of what diversity consultants do and how to work with them.

Linkemer, Bobbi, Beebe, Carolyn, and Matthes, Karen. “Managing Under ADA.”

Trainer’s Workshop 7 ( May/June 1993): 1–48.

This American Management Association training module is designed to assist

managers in complying with the Americans with Disabilities Act (ADA). The module

covers four topics: what is the ADA, its impact on the workplace, its impact on

recruitment procedures, and how to manage employees with disabilities. Each topic is

designed to be presented during separate sixty- to ninety-minute training sessions.

This module helps supervisors in the federal courts learn about the intricacies of the

ADA and its implications for the physical work environment and employee training.

Tear-out pages serve as overheads for outlining key points discussed in the training

program.

Myers, Selma. “Basics of Intercultural Communication.” Info-Line (September 1990):

1–5.

This article discusses the major stumbling blocks to communication among people

from diverse cultural backgrounds and ways for people to become more sensitive to

cultural differences. It identifies four factors that influence intercultural

communication: language, place, thought processing, and nonverbal behavior. The

article discusses these factors and their effects and provides communication models

and training techniques for helping to create a successful multicultural environment.

An extensive list of references and a checklist for diagnosing intercultural problems

are included.

Myers, Selma, and Lambert, Jonamay. Beyond Awareness: Skills for Managing a

Culturally Diverse Work Force. Solano Beach, Cal.: Intercultural Development,

1992.

This manual provides sample agendas, case studies, inventories, handouts, materials

for transparencies, and adaptable exercises dealing with cultural changes, intercultural

communication, employee development, and conflict.
126 Diversity in the Courts: An FJC Guide

*Parker, Barbara J., ed. “Managing a Diverse Workforce.” Trainer’s Workshop 7

(November/December 1993): 1–48.

This highly interactive, one-day training module teaches managers and supervisors to

“identify how work-force diversity affects the operations of their departments and

organizations, use a structured methodology for resolving workplace problems

stemming from diversity, and create a work environment in which all employees fully

contribute their talents and skills to the success of the organization.” The module

includes five sessions with objectives, lecture, discussion questions, visuals, and

learning activities covering diversity in the workplace. Visuals are included that can

be used as overhead transparencies or flip charts, and work papers, a diversity audit,

and sample employee diversity survey are provided.

Payne, Tamara, and Mobley, Michael. “Valuing and Managing Diversity.” Info-Line

(May 1993): 1–15.

This training resource provides a historical perspective on the topic, ways to gain

organizational commitment, sample diversity training modules, training do’s and

don’ts, methods of delivery, possible pitfalls, and references and resources.

Talley, B. D., and Waller, M. L. “Sexual Harassment: What Trainers Need to Know.”

Info-Line (February 1992): 1–15.

This issue outlines sexual harassment policies and practices and recommends steps

that an organization can take to make the work force more aware of sexual

harassment as well as ways to prevent it. This issue discusses the EEOC guidelines

regarding sexual harassment, gives statistics indicating the occurrence of sexual

harassment, and outlines some landmark court cases dealing with harassment. It

provides guidelines for organizations that have not yet formulated a written policy

regarding sexual harassment, and offers suggestions for trainers who may be asked to

present the subject matter. A list of books and articles and a checklist for handling

sexual harassment complaints are included.

Weiss, Donald H. “Managing a Diverse Workforce: How to Deal with Value Conflicts.”

Trainer’s Workshop 2 (December 1987): 1–64.

This resource identifies potential value conflicts in a diverse work force and ways to

prevent the crises they can produce. It indirectly discusses broader issues: civil rights,

labor–management relations, and employee motivation. A training module is

provided which consists of five sessions that cover the following topics: (1) value

conflict—a critical issue of diversity; (2) negative consequences of pluralism; (3) the

importance of individual diversity; (4) how to prevent open conflicts of value; and (5)

the positive consequences of diversity. Tear-out pages serve as overheads.
Diversity in the Courts: An FJC Guide 127

Newsletters and Booklets

American Association of Retired Persons. America’s Changing Workforce: Statistics in

Brief. Washington, D.C. AARP, 1992. (Available free from AARP-EEO 167, 601 E

St., N.W., Washington, DC 20049. Ask for publication D12633.)

This booklet provides information about the changing work force, particularly

workers age 45 and older. Included are such topics as the composition of the work

force of today and tomorrow by age and sex, labor force participation rates, industrial

and occupational employment, and general characteristics of workers age 45 and

older.

Coberly, Sally. An Employer’s Guide to Older Worker Employment and Transition

Programs. (Available from Washington Business Group on Health, 777 N. Capitol

St., N.E., Suite 800, Washington, DC 20002; phone: (202) 408-9320.)

This guide describes how employers can work with community organizations to

recruit and train older workers, and outlines innovative ways employers can use older

workers, including part-time options, retiree job banks, and phased and partial

retirement.

Mickens, Ed, ed. Working it Out. New York City: Ed Mickens, 1992. (Annual

subscription is $60. For subscription information and a free sample issue, contact Ed

Mickens, Editor, P.O. Box 2079, New York, NY 10108; phone: (212) 769-2384.)

This quarterly newsletter is intended as a central source for organizations interested in

examining their policies toward gay and lesbian employees in the workplace.

Contents include case studies and successful models for change.

*Patterson, Leo, ed. Managing Diversity: A Monthly Source of Information, Ideas, and

Tips for People Managing a Diverse Workforce. Jamestown, N.Y., 1991. (Available

from Jamestown Area Labor Management Committee, Inc., P.O. Box 819,

Jamestown, NY 14702-0819; phone: (716) 655-3654.)

This concise newsletter is useful to all managers and others interested in diversity

issues and resources.

Sussman, Harris. Questions and Answers About Diversity. Cambridge, Mass.: Diversity

University, 1991. (Available at volume discounts from Harris Sussman; call

1-800-827-1783.)

This is a twenty-page compilation of Managing Diversity newsletter’s regularly

featured column “Diversity Questions and Answers.” It provides practical, thought-
128 Diversity in the Courts: An FJC Guide

provoking responses to a wide range of diversity-related questions asked by managers

struggling with important workplace issues.

Videotapes

(The videos listed here are available on loan only to federal court employees from

the FJC Media Library unless otherwise noted. Please use the Media Library Loan

Request Form at the end of this section to request a videotape.)

Advantage Media, Inc. Sexual Harassment: The Other Point of View. 1985. 37 minutes

(FJC Media Catalog No. 1634-V/85).

Simulates a training session for supervisors. Helps supervisors understand their role

in handling sexual harassment issues in the workplace. Vignettes describe physical

harassment, verbal harassment, graphic harassment—the display of offensive

pictures, calendars, or posters—and hazing—harassment that occurs when a woman

enters a traditionally male-dominated job. Includes a training manual.

American Media, Inc. Closing the Gap: Gender Communication Skills. 1994. 20 minutes

(FJC Media Catalog No. 2536-V/94).

Explores traditional differences in the ways in which men and women communicate

and presents six communication styles. The narrators warn trainers not to

overgeneralize “male” and “female” communication styles and to focus on providing

skills to enhance communication between men and women. Includes training

materials.

American Media, Inc. The Dynamics of Diversity. 1994. 49 minutes (FJC Media Catalog

No. 2537-V/94.)

Provides a solid definition and explanation of managing diversity. Serves as a useful

introduction to the subject of diversity for court training specialists, diversity

education planning committees and task forces, and court managers who need a

cogent, clear, and thoughtful explanation of diversity and its implications for the

workplace.

BNA Communications, Inc. A Winning Balance. 1993. 34 minutes (FJC Media Catalog

No. 2615-V/93).

Introduces Work Force 2000 and promotes the importance of appreciating and

understanding differences in the workplace. Interactive exercises and vignettes

illustrate a range of workplace behaviors and encourage discussion. Includes

comprehensive participant’s and trainer’s guides.
Diversity in the Courts: An FJC Guide 129

Barr Films. Making the ADA Work for You. 1992. 22 minutes (FJC Media Catalog No.

2095-V/92).

Uses vignettes and narration to explain the essential components of the Americans

with Disabilities Act (ADA). These components include interviewing and essential

functions, marginal functions, court user and employee reactions, effective

supervision, reasonable accommodation, and undue hardships. Although the courts

are not required to comply with the ADA, the videotape emphasizes that one intent of

the ADA is to encourage employers to look at a person’s abilities, not disabilities,

when hiring and supervising employees. Includes a trainer’s guide.

CRM Films. Managing Diversity. 1990. 22 minutes (FJC Media Catalog No. 2096-V/90).

Shows a fictional organization’s efforts to effectively manage a diverse work force.

Deals with two major challenges facing managers in the organization: negative

stereotypes employees hold toward one another, and the resulting behavior associated

with those stereotypes. Equips managers with specific skills to recognize these

concerns and address them constructively. Includes a leader’s guide.

Copeland and Griggs Productions. Valuing Diversity. 1987–90. Videotape series, 7 tapes,

28–60 minutes each. (Available from the FJC’s Court Education Division, Clerk’s

Office Programs Branch; phone: (202) 273-4122.)

Includes the following seven titles:

Tape 1: Managing Differences (50 minutes)

Tape 2: Diversity at Work (28 minutes)

Tape 3: Communicating Across Cultures (50 minutes)

Tape 4: You Make the Difference (30 minutes)

Tape 5: Supervising Differences (30 minutes)

Tape 6: Champions of Diversity (30 minutes)

Tape 7: Profiles in Change (60 minutes)

Workplace scenarios and interviews with senior executives and diversity managers at

major corporations and workplace scenarios illustrate diversity situations relating to

age, race/ethnicity, gender, language, and physical handicaps. Tape 6 is one of the

few tapes to include some insights into issues of sexual orientation in the workplace.

Tapes 1, 3, and 4 may be more valuable for their relevance to the courts. Includes a

trainer’s guide.
130 Diversity in the Courts: An FJC Guide

Crisp, Inc. Working Together: Managing Cultural Diversity. 1990. 25 minutes (FJC

Media Catalog No. 1631-V/90).

Emphasizes three essential elements to help employees learn to work more

effectively: (1) accept the differences of others, (2) manage communication, and (3)

manage the future. Focuses on the need for employees to embrace, learn from, and

profit from change. Includes a leader’s guide and five copies of a participant’s guide.

Enterprise Media, Inc. The Power of Diversity: Creating Success for Business and

People. 1993. Videotape series, 4 tapes, 20 minutes each (FJC Media Catalog No.

2538-V/93).

Includes the following eight titles :

Tape 1: Sexual Harassment and Gender Discrimination

Disabilities: Hiring and Promotion

Tape 2: Career Development: Minority Issues

Career Development: Reverse Discrimination and Ageism

Tape 3: Performance Appraisal

Balance of Work/Family Issues

Tape 4: Sexual Orientation

Career Mobility: Language

Uses eight vignettes to portray the challenges confronted by many employees in the

workplace. Presents diversity issues within a management and employee relations

context to allow for multiple discussion perspectives. Includes a set of twenty-four

participant’s workbooks and a leader’s guide.

Enterprise Media, Inc. The Sexual Harassment Quiz. 1992. 59 minutes (FJC Media

Catalog No. 2087-V/92).

Uses a talk show format to candidly and effectively address sexual harassment.

Allows viewers to judge scenarios, answer questions, and analyze their responses.

Generates open discussion and illustrates many misconceptions about sexual

harassment at work. Includes a brief written description of the video and a quiz.

Goodmeasure, Inc. A Tale of “O.” 1993. 45 minutes (FJC Media Catalog No.

2439-V/79).

Provides an introductory but thorough overview of diversity issues for individuals

who have little knowledge of the concept. Rather than using labels for people who are

different, the video presents a series of animated “X’s” and “O’s”: the “X’s” represent
Diversity in the Courts: An FJC Guide 131

majority groups and the “O’s” represent minority groups. Appropriate for work

environments where tension and communication problems exist because of

differences. The tape includes both 18-minute and 27-minute versions; however, the

18-minute version may be more appropriate for training purposes than the 27-minute

version. Includes a 174-page instructor’s and user’s guide.

*MTI Film & Video. Breaking the Attitude Barrier: Learning to Value People with

Disabilities. 1991. 34 minutes (FJC Media Catalog No. 1842-V/91).

Provides tools and information to help employees understand, appreciate, and value

people with disabilities. The video dispels myths about people with disabilities and

explores employees’ reactions, fears, and discomforts in working with people with

disabilities. Highlights one organization’s efforts at sensitizing its work force to these

issues. Includes a trainer’s guide and is closed captioned for the hearing impaired.

MTI Film & Video. Prejudice: Dividing the Dream. 1993. 25 minutes. (Available from

Coronet/MTI Film & Video, 420 Academy Dr., Northbrook, IL 60062; phone:

1-800-621-2131. Purchase price: $450, rental price: $75.)

Narration and interviews are used to examine prejudice based on race, ethnicity, and

religion. Encourages employees to “realize that eliminating prejudice begins by

stopping blame.” Excellent film footage of ethnically diverse young people attending

a youth summer camp, the effects of prejudice on young African Americans, and a

Holocaust survivor’s story. Includes a concise but useful discussion guide.

PBS. A Class Divided. 1992. 60 minutes. (Available from the FJC Court Education

Division, Clerk’s Office Programs Branch; phone: (202) 273-4122.)

Documents discrimination based on eye color with both a third grade, all-white, allChristian class in a small Iowa town and adult employees of the Iowa state prison

system attending a day-long human relations workshop. The first segment of the

video, originally filmed in 1970, is supplemented by a discussion of the exercise by

the now adult third-grade class participants. In the second segment of the video,

which was produced in 1991, prison employee participants discuss their reactions to

discriminatory attitudes, treatment, and behavior based on their experience in the

exercise. Persuasively demonstrates the debilitating effects of any kind of

discrimination on individuals and society. Includes a useful study guide that outlines

key concepts, discussion topics, suggested activities, and a bibliography.
132 Diversity in the Courts: An FJC Guide

Pacific Resource Development Group. Sexual Harassment: Shades of Gray. 1990.

Videotape series, 5 tapes, 10–15 minutes each (FJC Media Catalog No. 2084-V/90).

Includes the following five titles:

Tape 1: What Are We Doing Here? (15 minutes)

Tape 2: What Is Sexual Harassment? (10 minutes)

Tape 3: Costs of Sexual Harassment (10 minutes)

Tape 4: What Does the Law Say? (11 minutes)

Tape 5: What Should I Do? (11 minutes)

Provides a brief history of sexual harassment, gives the behavioral and legal

definitions of sexual harassment, spells out the costs associated with sexual

harassment in the workplace, explains the legal background and the Equal

Employment Opportunity Commission’s guidelines on sexual harassment, and offers

tips to both supervisors and employees on how to prevent sexual harassment in the

workplace. Includes a resource manual, a training manual, a leader’s guide, and

twenty-five copies of a participant’s workbook. (For a more interactive format on this

topic, see The Sexual Harassment Quiz.)

Salenger Films. Sexual Harassment: Walking the Corporate Fine Line. 1987. 30 minutes

(FJC Media Catalog No. 1183-V).

Stresses the need for a strict and explicit organizational policy regarding sexual

harassment. Traces the legal history of sexual harassment and describes the essential

elements of an effective organizational sexual harassment policy, including an

effective procedure for handling complaints, a fair investigative procedure, and

appropriate disciplinary action. Includes a thirty-page program workbook and a user’s

guide.

Other Resources

Bibliography

Female Management Style. New York: Catalyst, 1990.

This annotated bibliography includes twenty-five articles, research reports, and books

about women managers, and covers such topics as differences between male and

female management styles, the extent to which women exemplify the traits of

corporate leaders, and the way female managers are perceived.
Diversity in the Courts: An FJC Guide 133

Games

The Diversity Game. Quality Educational Development Inc., 1994. (For more

information, contact Quality Educational Development Inc., 41 Central Park West,

New York, NY 10023; phone: (212) 724-3335.)

This board game is designed to raise awareness of diversity issues in a nonthreatening

way. Topics covered include demographics, legislation, society issues, and

management issues.

Diversophy: Understanding the Human Race. George Simons International, 1992. (For

more information, contact George Simons International, 335 Golf Club Dr., Santa

Cruz, CA 95060; phone: (408) 426-9608.)

A board game in which players roll dice and move around a game board, trying to

avoid four diversity traps: ethnocentrism, stereotypes, bias, and assimilation.

Diversity in the Courts: An FJC Guide 135

Media Library Loan Request Form

Photocopy for use. Please print or type.

Date: ________________________

Programs requested:

Titles Catalog numbers

_________________________________________________________ ____________________

_________________________________________________________ ____________________

_________________________________________________________ ____________________

_________________________________________________________ ____________________

_________________________________________________________ ____________________

_________________________________________________________ ____________________

_________________________________________________________ ____________________

Name: ______________________________________________________________________________

Court: _______________________________________________________________________________

Address: _____________________________________________________________________________

street (deliveries cannot be made to P.O. boxes)

______________________________________________________________________________________

room number or internal mail system identifier, if applicable

______________________________________________________________________________________

city state zip code

Telephone number: ______________________ Fax number: ____________________________

Needed on or before: _______________________________________

137

GLOSSARY OF MAJOR TERMS

Affirmative action—Refers generally to an approach to personnel management by which

an organization takes positive steps to recruit, hire, train, and promote qualified

individuals who are members of groups that have been subjected to arbitrary

discrimination.

In the federal government context, affirmative action refers to an executive branch

policy requiring federal executive branch contracting agencies and departments, and

agencies that administer programs that receive federal financial assistance to take positive

efforts to recruit, hire, train, and promote qualified employees of previously excluded

groups (Executive Order No. 11246, 1965).

Within the judicial branch, affirmative action may refer to the 1979 resolution of the

Judicial Conference of the United States, which stated in part, “the Committee on Court

Administration is directed to prepare a model affirmative action plan, for adoption by

each federal court, with regard to the selection and promotion of employees . . . .” (JCUS

Reports, September 1979, p. 58). The model plan was approved by the Judicial

Conference at its March 1980 session (JCUS Reports, March 1980, p. 5). Its name was

subsequently changed to Model Equal Employment Opportunity Plan (JCUS Reports,

Sept. 1986, pp. 57–58).

Diversity—The collective mix of similarities and differences in the workplace.

Differences include, but are not limited to, gender, race, ethnicity, age, disability, marital

status, parental status, sexual orientation, educational level, geographic location,

language, skills, experience, values, personality, lifestyle, religion, and income. (See

section 1 of this guide.)

Equal employment opportunity (EEO)—Refers generally to organizational policies or

efforts to prohibit discrimination in personnel matters based on any arbitrary distinctions.

More specifically, EEO refers to federal statutes and implementing regulations that

prohibit public and private agencies and organizations from engaging in discrimination in

hiring, promotion, firing, job assignments, and training based on race, color, religion, sex,

national origin, physical handicap, or age. EEO also protects employees from reprisal

discrimination. Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the

Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the

Pregnancy Disability Amendment of Title VII (1978), and the Civil Rights Act of 1991

apply to most of the federal government and to the private sector, but only in very limited

areas to the judicial branch.
138 Diversity in the Courts: An FJC Guide

Within the judicial branch specifically, EEO may refer to the Judicial Conference

requirement that each federal court adopt an EEO plan, which may be the model plan

promulgated by the Judicial Conference or a modified version which must be approved

by the circuit council. (See “Affirmative action” above.)

Managing diversity—Managing an organization’s culture and systems, by drawing on

employees’ differences, to try to ensure that each employee is given the opportunity to

fully contribute his or her talents and skills to the mission and success of the organization.

(See section 1 of this guide.)

Needs assessment—In a training context, the process undertaken by organizations to

collect data (quantitative and qualitative) to help identify specific technical or educational

skill deficiencies and other concerns about job-related behaviors that can be addressed

through training programs. (See section 2 of this guide.)

Organizational culture—Written and unwritten rules for the ways an organization

conducts its business and manages its employees. (See section 3 of this guide.)

Prejudice—An adverse opinion or judgment about a situation or an individual formed

without an adequate examination of the facts or knowledge of the situation or individual.

Protocols—Standard written procedures and instructions for asking questions in one-onone interviews or focus groups as part of a needs assessment. (See section 2 of this

guide.)

Stereotypes—An oversimplified, preconceived belief or opinion about a group of people.
139

APPENDIX A

NATIONAL AND COURT-SPECIFIC DEMOGRAPHIC DATA

This appendix describes the predicted changes in work force demographics as stated in

the U.S. Department of Labor’s 1994 report and highlights some federal court

demographics for court personnel. Courts are also encouraged to use court libraries to

discover and document the demographic data (by gender, race, age, disability) for their

circuits or regions.

The purpose of analyzing the data presented in Tables 1 and 2 is to provide an overall

picture of specific areas in which the courts have a representation of minorities that is

equal to, less than, or greater than minorities’ participation in the labor force and to

identify the occupational categories in which the majority of the court labor force is

concentrated. The diversity education planning committee may want to use the data as

part of the needs assessment process; however, the needs assessment consists of much

more than simple numerical comparisons of the work forces in the court and in the

community.

Table 2 shows that there is a higher percentage of men than women in professional

job categories (from all racial groups), even though women constitute nearly 70% of the

total court work force. Table 2 can be used to calculate the percentages of various groups

in different job categories. To calculate the percentage of white women who are

employed in the top two professional categories, for example, follow this formula:

1. Add the numbers of women in Rows 1 and 2 in the top two professional

categories (1,038 + 1,651 = 2,689).

2. Divide this total (2,689) by the total number of white women in the court work

force (Row 7— 12,051) and calculate the percentage (2,689 ÷ 12,051 = 0.223 x

100 = 22.3%).

When this same calculation is performed for white men, who make up 25.6% of the

total court work force (Row 7), almost 61% of this group is concentrated in the first two

professional categories:

(1,984 + 1,754 = 3,738 ÷ 6,143 = 0.608 x 100 = 60.8%).

Using the formula given above, further analysis of Tables 1 and 2 shows the

following:

• Black men represent 3% of the total court work force, but they represent 5.3% of

the labor force. Black men’s representation in all occupational categories except
140 Diversity in the Courts: An FJC Guide

the professional/general category is lower than their representation in the work

force.

• Black women constitute 9.8% of the court work force, as compared with 5.4% of

the labor force; 50% of black women in the court work force are employed in the

office/clerical occupational category. After Hispanic women, black women make

up the largest percentage of people in the office/clerical category. Of black

women, 15% are employed in the first two professional categories.

• Hispanic men represent 2.6% of the court work force and 4.8% of the labor force.

Their representation is somewhat similar to that of black men in that about 50% of

this group is employed in the professional/general category.

• Over 50% of Hispanic women, who represent 5.7% of the court work force (as

compared with 4.6% of the labor force), are concentrated in clerical and

secretarial categories. About 19% are employed in the first two professional

categories.

• Asian and Native American men together constitute almost 1% of the court labor

force. About 35% of Asian men are employed in the professional categories, and

over 50% of the Native American men (17) are employed in the

professional/general category.

• Asian and Native American women together make up 2% of the court work force.

Almost 22% of the Asian American women in the court work force are

concentrated in the first two professional categories, and 50% are employed in the

legal/secretarial and office/clerical categories. Over 50% of the Native American

women in the court work force are employed in the legal/secretarial and

office/clerical categories (36), and about 15% of all Native American women who

work for the courts are employed in the first two professional categories (11).

No information was available on the specific salary levels or grades of women and

people of color in the court work force as compared with their salary levels in the labor

force. However, court specific positions by occupational categories are presented after

Table 2.
Diversity in the Courts: An FJC Guide 141

Table 1. Labor Force Participation, 1992 and Projected to 2005

1992 2005

Participation by gender

Men 54.5% 52.3%

Women 45.5% 47.7%

Participation by race and gender

White men

(non-Hispanic)

42.5% 38%

White women

(non-Hispanic)

35.3% 34.9%

Black men

(non-Hispanic)

5.3% 5.4%

Black women

(non-Hispanic)

5.4% 5.6%

Hispanic men 4.8% 6.4%

Hispanic women 3.2% 4.6%

Asian and other mena 1.8% 2.5%

Asian and other women 1.6%a 2.6%

Source: Bureau of Labor Statistics, U.S. Department of Labor, The American Work Force: 1992–2005

(Bulletin 2452). Washington, D.C.: Superintendent of Documents, April 1994, p. 34.

a. These groups include Asian and Pacific Islanders, and Native Americans and Alaska Natives.
Table 2. Minorities and Women in the Court Work Force by Occupational Category, 19

White Black Hispanic Asian Native American

Category Male Female Male Female Male Female Male Female Male Female Disab

1 Professional/

General

47.4%(1,984)

24 .8%(1,038)

7.1%(298)

6.4%(269)

7.5%(316)

4.8%(201)

0.9%(37)

0.7%(30)

0.2%(10)

0. 2%(7)

0.9%(39)

2 Professional/

Legal

46.5%(1,754)

43.7%(1,651)

1.75%(64)

2.3%(86)

1.7%(65)

1.4%(54)

1.0%(38)

1.6%(59)

0.0%(1)

0.1%(4)

0.8%(29)

3 Professional/

Administrative

25.2%1,364)

53.9%(2,918)

2.0%(110)

10%(543)

1.3%(71)

4.8%(261)

0.8%(43)

1.6%(84)

0.1% (4)

0.4%(20)

1.7%(93)

4 Technical 35.9%

(475)

41.8%(554)

2.4%(32)

6.5%(86)

3.7%(49)

5.4%(72)

1.9%(25)

1.9%(25)

0.1%(1)

0.4%(5)

1.3%(17)

5 Legal/

Secretarial

0.4%(10)

82.3%(1,913)

0.2%(4)

8.2%(190)

0.0%(1)

6.0%(140)

0.0%(1)

2.5%(58)

0.0%(0)

0.3%(7)

1.2%(29)

6 Office/

Clerical

8.0%(556)

57.4%(3,977)

3.1%(218)

17.0%(1,177)

1.7%(115)

9.2%(635)

1.1%(73)

2.2%(149)

0.0%(1)

0.4%(29)

1.5%(106)

7 Totals 25.6%

(6,143)

50.3%(12,051)

3.0%(726)

9.8%(2,351)

2.6%(617)

5.7%(1,363)

0.9%(217)

1.7%(405)

0.07%(17)

0.3%(72)

1.3%(313)

See next page for an explanation of the categories.Source: EEO and Special Projects Office, Administrative Office of the U.S. Courts.
Diversity in the Courts: An FJC Guide 143

Specific Court Positions by Occupational Categories

CIRCUIT COURTS DISTRICT COURTS

Judicial Officer Judicial Officer

 Active Judge Active Judge

 Magistrate Judge (Full-time)

Professional (General) Magistrate Judge (Part-time)

 Circuit Executive

 Assistant Circuit Executive Professional (General)

 C.J.A. Investigator District Court Executive

 Librarian & Assistant Chief Probation/Pretrial Officer

 Systems Manager Probation/Pretrial Officer

 Probation/Pretrial Trainee & Assistant

 Librarian & Assistant

Professional (Legal) Systems Manager

 Federal Public Defender

 Assistant Defender Professional (Legal)

 Research Assistant Judge’s Law Clerk

 Staff Attorney District Research Assistant

 Judge’s Law Clerk Magistrate Judge’s Legal Assistant

 Pro Se Law Clerk

Professional (Administrative) Professional (Administrative)

 Clerk of Court Clerk of Court

 Deputy Clerk (JSP-9 and above) Deputy Clerk (JSP-9 and above)

 Administrative Assistant to Chief Judge Administrative Assistant to Chief Judge

 Administrative Assistant to Circuit Executive Systems Administrator

 Systems Administrator

 Bankruptcy Administrator

Technical Technical

 Automation Court Reporter

 Bailiff

Legal Secretarial Automation

 Judge’s Secretary

 Defender’s Secretary Legal Secretarial

 Staff Attorney’s Secretary Judge’s Secretary

 Court Secretary Magistrate Judge’s Secretary

 Circuit Executive’s Secretary Clerk’s Secretary
144 Diversity in the Courts: An FJC Guide

 Clerk’s Secretary Probation/Pretrial Chief’s Secretary

 Circuit Librarian’s Secretary District Court Executive’s Secretary

Office/Clerical Office/Clerical

 Deputy Clerk (JSP-2 through 8) Deputy Clerk (JSP-2 through 8)

 Library Aide Magistrate Judge’s Clerical Assistant

 F.P.D. Clerical Probation/Pretrial Clerical

 Messenger Library Aide

 Court Crier Messenger

 Court Crier

BANKRUPTCY COURTS

Judicial Officers

 Active Judges

Professional (Legal)

 Law Clerk

Professional (Administrative)

 Clerk of Court

 Deputy Clerk (JSP-9 and above)

 Systems Administrator

Legal Secretarial

 Judge’s Secretary

 Clerk’s Secretary

Office/Clerical

 Deputy Clerk (JSP-2 through 8)

 (Rev. September 1993)

 EEO and Special Projects Office,

 Administrative Office of the U.S. Courts
145

APPENDIX B

COMPARISON OF NEEDS ASSESSMENT METHODS

Method Advantages Disadvantages

Questionnaires Data can be obtained on a number

of issues from a large number of

people at a lower cost than the cost

of other methods.

They do not allow for probing or full

exploration of the complexities of an

issue.

Data can be collected anonymously,

so responses may be more candid.

There is no opportunity to follow up

on individual responses to clarify them

or to probe more deeply.

Respondents have time to provide

thoughtful responses to questions.

Questions must be written with

expertise and care because they are the

only data collection method.

They require minimal staff and

facilities to administer.

Some employees, especially those

from cultures other than the American

culture, may not respond to a written

form that requires no human contact.

Interviews They provide an opportunity for

two-way communication; the

interviewer can ask follow-up

questions.

The interviewer must be skilled and

objective, and be perceived as

completely trustworthy; court

personnel may not be appropriate

interviewers; the race, gender, job title,

or court position of the interviewer

may also affect the trust of employees.

They allow for the collection of

specific anecdotal information, to

illustrate problems.

Data collected from interviews can be

generalized only if a random sample of

employees are interviewed.

It is easier to ensure the

confidentiality of responses than it

is with focus groups.

It is the least time-efficient and most

costly method of needs assessment for

large numbers of people.
146 Diversity in the Courts: An FJC Guide

Method Advantages Disadvantages

Focus groups They produce richer data through

in-depth discussions.

They provide only a sample of views

and perspectives that cannot be

generalized to the entire staff;

therefore, this method should be used

with other methods.

They provide an opportunity for

interaction and communication

among participants; an idea

presented by one person may

encourage another person to share

experiences.

There is greater risk that

confidentiality may be jeopardized in a

group setting; fear of repercussions in

the workplace may be greater with this

method.

They can be used to identify topics

for inclusion in questionnaires.

They require an objective, skilled

facilitator to solicit responses to broad

topics and to keep the discussion

focused.

Participants do not need to be adept

at written communication.

Participants are less likely to be candid

if they do not trust the moderator or

other participants (gender, race, job

title, or court position of moderator

may be factors to consider in the

selection of the moderator).

Participants are not restricted to

choosing from a standardized set

of responses, such as those found

in an interview or questionnaire.

Analysis of data is complex.

They require a less complex

interview format than face-to-face

interviews do: fewer topics are

covered, and questions can be more

open-ended.

It takes time to coordinate the sessions

with the schedules of employees who

will participate.

Adapted from Gardenswartz, Lee, and Rowe, Anita. Managing Diversity: A Complete Desk Reference and

Planning Guide. Homewood, Ill.: Business One Irwin, 1993, p. 265.