A manager might be  prejudiced, but if this individual does not discriminate, legally it does not make any difference.   We don’t care what people think, we care what they do!   Know the difference between these two unfortunate situations and know what might be actionable if it affects you.  When it comes to prejudice, thicken your skin and when it comes to discrimination know the rules.  Above all…always be the professional!

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If you have read Black Sales Journal before, you recognize that I frequently comment on racial prejudice, racial preference, and the effects of negative racial perceptions.  It is natural to provide comment on these topics as they represent the 8,000-pound elephant in the room and as a result are not discussed openly in most forums.

We spend time discussing how the Black sales professional can successfully use tactics to neutralize racial preference and how we all (all Black professionals) can nullify and improve negative racial perceptions.  We also face the fact that racial prejudice is a different and difficult beast and that we may never change it.   Psychiatrists often characterize prejudice as a deep-seated attitude.  We all are aware that something negative has been cast into someone’s personal life, it can have a permanent effect.

Importantly, we should recognize the relationship between racial prejudice and racial discrimination and how they manifest themselves in sales.

The Attitude versus the Action!

For the purpose of this explanation let’s define both of these:

Prejudice – Unreasonable feelings, opinions, or attitudes, especially of a hostile nature, regarding a racial, religious, or national group.

Discrimination – Treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit:  racial and religious intolerance and discrimination.

(Courtesy of Dictionary.com definitions 3/5/2012)

So there you have it, racial prejudice is an attitude.  It can reach deep into ones fiber, but an individual will never be tried in a court based on this attitude, as it is not a crime.  If a customer has this attitude, they still remain a viable customer for someone, but possibly not for a Black sales professional.  If your employer has this attitude it is unfortunate yet as long as they make objective and meritorious decisions, they are not guilty.   In other words they can be prejudice but not discriminate strange as it may sound.

Racial discrimination is a different animal as it is action oriented.  A distinction made on the basis of race can potentially be afoul of the laws and regulations, and is almost always ethnically wrong.  It goes without saying that racial discrimination is unfair and although a customer is free to do anything they want, in the case of an employer it could be legally actionable.

The Vicious Circle

The relationship between prejudice and racial discrimination is suggested to be ‘circular’; meaning one leads to the other.  You document racial discrimination but you talk about prejudice as someones disposition or attitude.  Racial discrimination might mean that you get no ‘call-in’ prospects, bad territories, or no house (orphaned by another rep leaving) accounts.  Discrimination may be hard to prove, yet there is evidence, especially when you are able to compare the situation on a relative basis between all sales professionals at a location.  Know what extras you get and how well you performed when you get the chances and if you feel aggrieved read Black Sales Journal 3/9/2011 When You Feel Screwed  – Three Steps to Getting Help.

I make the suggestion that from the standpoint of professional sales that we realize that the most important activities that we can undertake are as follows:

• Look for and expect fairness from the managers that we work for and be prepared to professionally point out inequities, in a professional manner, as they happen.
• Document important milestones and activities correctly recognizing that it is “not what you know, it’s what you can prove!”
• Master your company’s performance system (Black Sales Journal 1/10/2011 – Preparing for the Performance Review Discussion).  Always be pro-active and prepared.
• Document every thing you get and what you don’t get.  Know the prospects, house accounts, and special benefits you get, and document them well.  Especially document the situation if you are not getting any.  You will need to know what others are getting to have a chance of success.  The facts count.
• Be the expert on you! Know your sales totals, close ratios, and what percentage of your success came from the company giving you prospects or accounts.

When Bad Gets Worse – Racial Harassment

The unfairness of racial discrimination creates frustration and ill will.  Things are even worse when there is racial harassment.  Racial harassment normally comes from the employer and can emanate from management or coworkers.  A strong example of this is the Montrelle Reese vs. ThyssenKrupp (see Black Sales Journal February 13, 2012).

Racial harassment has a primary purpose of demeaning and driving an individual out of the particular work environment.  It is akin to racial bullying and has no place anywhere, especially in the work environment.  Making someone miserable is awful, and anyone who witnesses it and does nothing is full of fault as well.  It makes no difference as to the colors involved.

Know the facts and know your options.  Most importantly, recognize that acts of discrimination, harassment, and bullying may be actionable, but prejudice is not.  It is an attitude.

Additionally, always be the professional.

Your comments are welcome.

It is true that many professionals are losing their job. Hopefully it will not happen to you.  But if it does, you ultimate goal is to be prepared and be professional.  Losing ones job does happen.  Have your bases covered.  This post will show you how.

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At some point in your life, you may have to endure the act of “getting fired.”  Obviously, there is no positive light when this is happening, yet it does happen in the world of sales.  One of the most common reasons has to do with performance.  Performance issues happen to sales professionals of all colors and backgrounds.  They can be particularly vexing for the Black sales professional because the stigma that getting fired carries coupled with preference and prejudice issues can severely limit hiring opportunities.

You may find a few articles and publication that talk about what happens when you get fired. Most of them make sure to mention that for a sales professional, this does not have to be a “death sentence.”  Most people, sales professionals included,  associate their livelihood with their identity, and can be devastated if they are terminated.  Additionally, changes in your relationships with co-workers, many of which you may classify as friends, can be just as shocking.  This is especially true with the suddenness of a sales termination.

There is no way to ‘get fired’ gracefully as you have are not in control.  Your reactions to the activity can be calculated and professional if you follow some of the suggestions below.

Prepare for the Future

This does not have to be a “death sentence”, yet it is a separation by any terminology.  You should always be prepared no matter how well you are doing in the job.  Since losing your job can happen for of a number of reasons, including the company ceasing to do business, you should have this plan in effect even if you are doing well.

Here are the items you should focus on:

• Your Sales Contacts – Always have your prospect contact list duplicated on some type of accessible media.  Many sales professionals use a company issued phone, PDA, and computer.  Your contact’s information is on those devices, and your ability to recreate that information is limited once you are separated from it.  You have worked years to put it together, take this precaution.  As a sales professional this is ultra-important.
• Key Contact Data - Have [your] Customer Profiles of your key clients up to date, and stored where you can access it—as discussed in(Black Sales Journal 1/20 Deepening Your Customer Relationships Part II). There are many that believe that client data such as this is company property.  I believe that when I have achieved the relationship that gives me personal access to client particulars about their family and social data, that it is my personal property based on my ability to be in the position to get the information in the first place.  A customer who has allowed you to be a “business friend” has not given you clearance to share his wife’s name and their personal particulars with the new sales professional who is left there to service the account.   It is yours, and it would be wrong to let that information go to someone without that status.
• Have Your Contracts in Hand – Have access to your sales contracts.  It is important to have your signed copies in your possession, not in your files at your place of employment.  This would include your employment agreement (if you have one), your non-compete agreement, and any non-disclosures that you have signed.  This will tell you what you have agreed to do, especially including employment after termination. There is a possibility that some provisions change if you are separated by termination.

• Know Your Rights re Final Payments – Have a copy of your sales compensation plan handy as well.  This will advise you of what is done regarding your final commissions/bonus payments if you have some coming.  If you have these papers, you don’t leave this most important area up to your former employer.
• Document Your Accomplishments - Keep up-to-date copies of your sales numbers.  Your ability to get a job will be based on your ability to show past sales accomplishments.  Nothing shows this like the real numbers.

Time For New Opportunities

Now you are armed to seek out new opportunities.  If you did what is above, you will have the following:

• An idea of your final compensation, and possibly a severance package which will tide you over until you are able to find another sales position.
• Documentation of your sales success. Make sure no account names are showing, as any new employer will be watching to see this evidence of integrity.
• A roster of your key contacts as well as a data sheet on contacts that you consider key enough to have developed Customer Profiles for.  Depending on your non-compete specifics, you want the ability to be back in business again at some point in the future.

A couple of notes that you should consider:

• Don’t sign anything without a good legal review if you are in doubt. Don’t be cheap, get legal assistance if necessary.
• In a journal, record all of the events that have to do with your job loss.  If you make a decision to contest anything, even your severance agreement, you will have listing of events that will give you instant credibility.
• Leave the physical location ASAP. There is no reason to linger, or be told to leave.  If you do the things mentioned here, you won’t need to spend much time trying to figure out how to get your contacts, contracts, and your personal items.
• Be amicable and be cool.  The decision is not going to change, so get the “skinny” on what you need to know, and get going, as there is much to be done.

If you are not prepared in this way, you could spend the rest of your sales career trying to get back up to speed.  Be careful and judicious with your information.  Remember to be smart!  Do not find yourself embroiled in legal scrimmaging by doing the right thing.

When it happens, you will appreciate that you have done these particulars.

Send any comments or questions to me at Michael.Parker@BlackSalesJournal.com.

Thanks for reading.