chapter 5 managing equal employment and diversity

Copyright © 2005 Thomson Business & Professional Publishing.All rights reserved.

ROBERT L. MATHIS

JOHN H. JACKSON

PowerPoint Presentation by Charlie CookThe University of West Alabama

Managing Equal Employment Managing Equal Employment and Diversityand Diversity

Chapter 5Chapter 5

SECTION 2SECTION 2Staffing theStaffing the

OrganizationOrganization

Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

5–2

Learning ObjectivesLearning ObjectivesLearning ObjectivesLearning Objectives

• After you have read this chapter, you should be able to: Evaluate several arguments supporting and opposing affirmative

action.

Describe how women are affected by work/family and job assignment issues in organizations.

Explain the two types of sexual harassment and how employers should respond to sexual harassment complaints.

Identify two means that organizations are using to deal with the aging of their workforces.

Discuss how reasonable accommodation is made when managing individuals with disabilities and differing religious beliefs.

Define diversity management and discuss why it is important.


5–3

Race, National Origin, and Citizenship Race, National Origin, and Citizenship IssuesIssues

Race, National Origin, and Citizenship Race, National Origin, and Citizenship IssuesIssues

Special Issues Special Issues and HR Problemsand HR ProblemsSpecial Issues Special Issues

and HR Problemsand HR Problems

Immigrants and Immigrants and Foreign-Born Worker Foreign-Born Worker

RequirementsRequirements

Immigrants and Immigrants and Foreign-Born Worker Foreign-Born Worker


Racial/Ethnic Racial/Ethnic DemographicsDemographics

Racial/Ethnic Racial/Ethnic DemographicsDemographics

Bilingual Employees Bilingual Employees and English-Only and English-Only


Bilingual Employees Bilingual Employees and English-Only and English-Only



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Racial/Ethnic Composition of U.S. Population, Racial/Ethnic Composition of U.S. Population, 1990 and 20031990 and 2003

Racial/Ethnic Composition of U.S. Population, Racial/Ethnic Composition of U.S. Population, 1990 and 20031990 and 2003

Figure 5–1Source: U.S. Census Bureau, 2003.


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Affirmative ActionAffirmative ActionAffirmative ActionAffirmative Action

• Affirmative Action Plan (AAP) A requirement for federal government contractors with more than

50 employees and over $50,000 in government contracts annually to formally document the inclusion of women and racial minorities in the workforce.

Covered employers must submit plans describing their attempts to narrow the gaps between the composition of their workforces and the composition of labor markets where they obtain employees.

Focuses on hiring, training, and promoting protected-class members who are under-represented in an organization in relation to their availability in the labor markets from which recruiting occurs.


5–6

AAP MeasuresAAP MeasuresAAP MeasuresAAP Measures

• Availability analysis Identifies the number of protected-class members

available to work in the appropriate labor markets for given jobs.

• Utilization analysis Identifies the number of protected-class members

employed in the organization and the types of jobs they hold.


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Components Components of an of an

Affirmative Affirmative Action Plan Action Plan

(AAP)(AAP)

Components Components of an of an

Affirmative Affirmative Action Plan Action Plan

(AAP)(AAP)

Figure 5–2


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HR Perspective: Affirmative ActionHR Perspective: Affirmative ActionHR Perspective: Affirmative ActionHR Perspective: Affirmative Action

• Affirmative Action Is Still Needed

To overcome past injustices or eliminate the effects of those injustices.

To create more equality for all persons, even if temporary injustice to some individuals may result.

Raising the employment level of protected-class members will benefit U.S. society in the long run.

Properly used, affirmative action does not discriminate against males or whites.

Goals indicate progress needed, not quotas.


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HR Perspective: Affirmative Action (cont’d)HR Perspective: Affirmative Action (cont’d)HR Perspective: Affirmative Action (cont’d)HR Perspective: Affirmative Action (cont’d)

• Affirmative Action Is No Longer Needed

It penalizes individuals (males and whites) even though they have not been guilty of practicing discrimination.

It creates preferences of certain groups that result in reverse discrimination.

It results in greater polarization and separatism along gender and racial lines.

It stigmatizes those it is designed to help.

Goals become quotas by forcing employers to “play by the numbers.”


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Affirmative ActionAffirmative ActionAffirmative ActionAffirmative Action

• Reverse DiscriminationOccurs when a person is denied an opportunity

because of preferences give to protected-class individuals who may be less qualified.

• CasesBakke v. University of CaliforniaHopwood v. State of TexasUniversity of Michigan


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Requirements for Immigrants and Requirements for Immigrants and Foreign-Born WorkersForeign-Born Workers

Requirements for Immigrants and Requirements for Immigrants and Foreign-Born WorkersForeign-Born Workers

• Visas and Documentation RequirementsVisas are granted by U.S. consular officers

B1 for business visitors, B2 for pleasure visitors, H-1B for professional or specialized workers, and L-1 for intra-company transfers.

• Identity “Mismatch” If an employee provides a false Social Security

number, that person may be an illegal alien and not qualified to work in the U.S.

Mismatch could be an unreported name change, marital status change, stolen identity, or clerical error.


5–12

Language Issues and EEOLanguage Issues and EEOLanguage Issues and EEOLanguage Issues and EEO

• English-Only RequirementsEEOC guidelines allow employers to require workers

to speak only English at certain times or in certain situations at work as a business necessity.

• Bilingual EmployeesEmployers find it beneficial to have bilingual

employees so that foreign-language customers can contact someone speaking their languages.

• Racial/Ethnic HarassmentEmployers should adopt and enforce policies against

harassment of any type, including ethnic jokes, vulgar epithets, racial slurs, and physical actions.


5–13

U.S. Civilian Labor Force Composition by Sex, U.S. Civilian Labor Force Composition by Sex, 1950–2010 (projected)1950–2010 (projected)

U.S. Civilian Labor Force Composition by Sex, U.S. Civilian Labor Force Composition by Sex, 1950–2010 (projected)1950–2010 (projected)

Figure 5–3Source: U.S. Department of Labor, Bureau of Labor Statistics, 2003.


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Sex/Gender IssuesSex/Gender IssuesSex/Gender IssuesSex/Gender Issues

• Pay Inequity

To guard against pay inequities considered illegal under the Equal Pay Act, employers should follow these guidelines:

Include benefits and other items that are part of remuneration to calculate pay for the most accurate overall picture.

Make sure people know how the pay practices work.

Base pay on the value of jobs and performance.

Benchmark against local and national markets so that pay structures are competitive.

Conduct frequent audits to ensure there are no gender-based inequities and that pay is fair internally.


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Sex/Gender IssuesSex/Gender IssuesSex/Gender IssuesSex/Gender Issues

• NepotismThe practice of allowing relatives to work for the same

employer.

• Job Assignments and “Nontraditional” JobsWomen are increasingly entering jobs traditionally

occupied only by men.

• The “Glass Ceiling”Discriminatory practices that have prevented women

and other protected-class members from advancing to executive-level jobs.


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Nontraditional Occupations for WomenNontraditional Occupations for WomenNontraditional Occupations for WomenNontraditional Occupations for Women

Figure 5–4Source: U.S. Department of Labor, Women’s Bureau, 2003, available at www.dol.gov/dol/wb.


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Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)

• “Glass Walls” and “Glass Elevator”

The tendency for women to advance only in a limited number of functional fields within an organization.

• Breaking the Glass

Establishing mentoring programs

Providing career rotation

Increasing top management and boardroom diversity

Establishing goals for diversity

Allowing for alternative work arrangements


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Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)

• Individuals with Differing Sexual OrientationsFederal court cases and the EEOC have ruled that

sex discrimination under Title VII applies to a person’s gender at birth.

Sexual orientation or sex-change issues that arise at work include:

Clarification of HR policies Reactions of co-workers Continuing acceptance


5–19

Sexual Harassment and Sexual Harassment and Workplace RelationshipsWorkplace RelationshipsSexual Harassment and Sexual Harassment and Workplace RelationshipsWorkplace Relationships

• Consensual Relationships and Romance at WorkWorkplace romances are risky because they can

cause conflict or result in sexual harassment.

• Types of Sexual HarassmentQuid pro quo

Linking employment outcomes to the harassed individual’s granting of sexual favors.

Hostile environmentAllowing intimidating or offensive working conditions to

unreasonably affect an individual’s performance or psychological well-being.


5–20

Potential Sexual HarassersPotential Sexual HarassersPotential Sexual HarassersPotential Sexual Harassers

Figure 5–5


5–21

Sexual Harassment and Sexual Harassment and Workplace Relationships (cont’d)Workplace Relationships (cont’d)

Sexual Harassment and Sexual Harassment and Workplace Relationships (cont’d)Workplace Relationships (cont’d)

• Legal Standards on Sexual HarassmentTangible employment actions (e.g., termination) that

result from sexual harassment create a liability for the employer.

Affirmative defense for employers in dealing with sexual harassment incidents includes:Establishing a sexual harassment policyCommunicating the policy regularlyTraining employees to avoid sexual harassmentInvestigating and taking actions when complaints arise


5–22

Sexual Sexual Harassment Harassment

Liability Liability DeterminationDetermination

Sexual Sexual Harassment Harassment

Liability Liability DeterminationDetermination

Figure 5–6

Source: Virginia Collins, PhD, SPHR, and Robert L. Mathis, PhD, SPHR,

Omaha, Nebraska.


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Age Issues and EEOAge Issues and EEOAge Issues and EEOAge Issues and EEO

• Job Opportunities for Older WorkersDiscrimination against “overqualified” older

employees in hiring Instances of age discrimination in the workforce

reduction when layoffs impact largely older workersOlder Workers Benefit Protection Act (OWBPA) of

1990 and equal treatment of older workers in retirement situations.

Attracting, retaining, and managing older workers Phased retirement—an approach in which employees

gradually reduce their workloads and pay.


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HR Managers’ Views of Older WorkersHR Managers’ Views of Older WorkersHR Managers’ Views of Older WorkersHR Managers’ Views of Older Workers

Figure 5–7


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Individuals with Disabilities in the WorkforceIndividuals with Disabilities in the WorkforceIndividuals with Disabilities in the WorkforceIndividuals with Disabilities in the Workforce

Individuals with Life-Individuals with Life-Threatening IllnessesThreatening Illnesses

Individuals with Life-Individuals with Life-Threatening IllnessesThreatening Illnesses

Recruiting IndividualsRecruiting Individualswith Disabilitieswith Disabilities

Recruiting IndividualsRecruiting Individualswith Disabilitieswith Disabilities

Employees WhoEmployees WhoDevelop DisabilitiesDevelop Disabilities

Employees WhoEmployees WhoDevelop DisabilitiesDevelop Disabilities

Individuals withIndividuals withMental DisabilitiesMental Disabilities

Individuals withIndividuals withMental DisabilitiesMental Disabilities

ReasonableReasonableAccommodationsAccommodations

ReasonableReasonableAccommodationsAccommodations


5–26

Religion and Spirituality in WorkplacesReligion and Spirituality in WorkplacesReligion and Spirituality in WorkplacesReligion and Spirituality in Workplaces

Title VII of Civil Rights Act of 1964 Title VII of Civil Rights Act of 1964 prohibits discrimination of religion prohibits discrimination of religion

Title VII of Civil Rights Act of 1964 Title VII of Civil Rights Act of 1964 prohibits discrimination of religion prohibits discrimination of religion

Managing Religious Managing Religious Diversity in WorkplacesDiversity in Workplaces

Managing Religious Managing Religious Diversity in WorkplacesDiversity in Workplaces

Accommodation Accommodation of religious of religious

beliefs in work beliefs in work schedulesschedules

Accommodation Accommodation of religious of religious

beliefs in work beliefs in work schedulesschedules

Accommodation Accommodation of religiousof religious

expression in the expression in the workplaceworkplace

Accommodation Accommodation of religiousof religious

expression in the expression in the workplaceworkplace

Respect for Respect for religious religious

practices affecting practices affecting dress and dress and

appearanceappearance

Respect for Respect for religious religious

practices affecting practices affecting dress and dress and

appearanceappearance


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Reasons for Diversity EffortsReasons for Diversity EffortsReasons for Diversity EffortsReasons for Diversity Efforts

Reduction in Reduction in Discrimination Discrimination

Complaints and Complaints and CostsCosts

Reduction in Reduction in Discrimination Discrimination

Complaints and Complaints and CostsCosts

Organizational Organizational PerformancePerformance

Organizational Organizational PerformancePerformance

Recruiting and Recruiting and RetentionRetention

Recruiting and Recruiting and RetentionRetention

Diverse Thinking Diverse Thinking and Problem and Problem

SolvingSolving

Diverse Thinking Diverse Thinking and Problem and Problem

SolvingSolving

Diversity Diversity EffortsEfforts

Diversity Diversity EffortsEfforts


5–28

Indicators of DiversityIndicators of DiversityIndicators of DiversityIndicators of Diversity

Figure 5–8


5–29

Various Approaches to Diversity and Their ResultsVarious Approaches to Diversity and Their ResultsVarious Approaches to Diversity and Their ResultsVarious Approaches to Diversity and Their Results

Figure 5–9


5–30

Diversity: The Business CaseDiversity: The Business CaseDiversity: The Business CaseDiversity: The Business Case

• The “business case” for diversity can be argued based on the following points:

Diversity allows new talent and new ideas from employees of different backgrounds.

Diversity helps recruiting and retention, as people tend to prefer to work with others “like” themselves.

Diversity allows for an increase of market share, as customers tend to prefer to buy from people of the same race or ethnic background.

Diversity leads to lower costs because there may be fewer lawsuits.


5–31

Common Diversity Common Diversity Management Management ComponentsComponents

Common Diversity Common Diversity Management Management ComponentsComponents

Figure 5–10


5–32

Diversity TrainingDiversity TrainingDiversity TrainingDiversity Training

• Three Components of Diversity TrainingLegal awareness training focuses on the legal

implications of discrimination.

Cultural awareness training builds a greater understanding of widely varying cultural backgrounds.

Sensitivity training “sensitizes” people to differences and how words and behaviors are seen by others.

• Backlash Against Diversity EffortsProtected-group individuals view diversity efforts as

inadequate—“corporate public relations.

Nonprotected-group individuals feel like scapegoats.

chapter 5 managing equal employment and diversity

Recruiting & HR

protectedclass members

class individuals

number of protected

class members available

composition of labor

individuals males

appropriate labor markets

employment level of