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Creating Inclusive Work Environments for Native American and Indigenous Employees: Harmful Terminology to Keep Out of the Modern Workplace

By Erik Eisenmann & Catarina Colón on November 21, 2024
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In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and contribute to cultural insensitivity. This Native American Heritage Month, employers should consider abandoning the following words and phrases, and encourage their employees to do the same, in an effort to embrace more inclusive work environments, and mitigate the risk of discrimination claims brought by indigenous members of their workforce.

“Spirit Animal”: This phrase, borrowed from indigenous cultures, diminishes the significance of totemic animals in their spiritual practices, and trivializes indigenous people’s relationships to the animal world. To express admiration or inspiration for someone or something, you might choose alternative phrases like “personal hero” or “role model.”

“Powwow”: Originating from Native American traditions, the term “powwow” has been misappropriated to describe casual meetings or gatherings. Using it in this context trivializes the cultural and spiritual importance of these events. Opt for more appropriate alternatives such as “meeting” or “huddle.”

“Tribe”: The word tribe is used by some indigenous communities to describe their families or communities linked by social or blood ties, typically but not always having a recognized leader. This word carries significant cultural and political weight, but has been used more regular in popular culture recently to describe casual groups of friends, or a company’s clientele or workforce. Instead, employers and others should use the words “team” or “group” to maintain professionalism and respect for indigenous communities.

“Off the Reservation”: This phrase, rooted in the violent history of indigenous displacement, implies deviation from expected norms and is considered highly offensive. It trivializes the forced removal of indigenous peoples to reservations. A more appropriate phrase might be “off track” or “out of bounds.”

“Savage” to Describe People: Once used to dehumanize indigenous people during colonization, this term continues to carry derogatory and violent connotations, and has no place in today’s workforce. While it may appear in pop culture or slang, its use in professional settings is unacceptable.

“Totem Pole”: Totem poles are sacred artistic expressions in many indigenous cultures, symbolizing stories, ancestry, and spirituality. Using the phrase, “low on the totem pole” in the workforce to describe rank or status misrepresents and disrespects its cultural significance. Instead, refer to employees by their specific titles and departments.

Language evolves, and so too can employers’ awareness of the impact words can have on others. By actively choosing language that respects and acknowledges diverse cultures, an employer can contribute to a more inclusive and understanding workplace while also mitigating legal risk associated with claims of discrimination and harassment. As a general rule, employers should avoid using words and phrases that refer to an individual’s protected characteristics and should instead focus on communicating deliberately and respectfully with its workforce in everyday conversation. In addition, employers can partner with local indigenous organizations or hire consultants to provide insights on creating inclusive spaces for indigenous personnel.

If you have further questions, please contact Erik Eisenmann, Catarina Colón, or your Husch Blackwell attorney.

Photo of Erik Eisenmann Erik Eisenmann

Erik Eisenmann is a business lawyer and partner at Husch Blackwell who represents employers in all aspects of labor and employment law, from counseling to litigation. He frequently defends clients throughout the country that are under investigation by, or have received citations from…

Erik Eisenmann is a business lawyer and partner at Husch Blackwell who represents employers in all aspects of labor and employment law, from counseling to litigation. He frequently defends clients throughout the country that are under investigation by, or have received citations from, OSHA and MSHA.

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Photo of Catarina Colón Catarina Colón

With a background in labor and employment litigation, Catarina helps clients stay in line with employment law, especially in the midst of corporate transactions. Catarina collaborates with clients in the healthcare, financial and manufacturing industries to help them avoid costly labor and employment

…

With a background in labor and employment litigation, Catarina helps clients stay in line with employment law, especially in the midst of corporate transactions. Catarina collaborates with clients in the healthcare, financial and manufacturing industries to help them avoid costly labor and employment litigation and personnel issues. She concentrates much of her practice on the mergers and acquisitions of companies, including asset and stock purchases, with an eye to the myriad of employment issues inherent in corporate transactions.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor and Employment Law Insights
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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