Human Resource Management 11e.

Managing Equal Employment and Diversity

Module 3Diversity Day at The Office

Hiring Women in 1943

1Exercise: Two GroupsGroup 1: Write down 5 types of diversity we see in todays workplace.GO!

Does Diversity Enhance Firm Performance?YES!Scott Page- Univ of Michigan- Mathematical Modeling determining that accuracy = average accuracy + diversityMore types of people, more types of perspectives, better performance

NO!Social Identity theory- people are drawn to those like themselvesDiversity is a problem as people do not work well across social boundariesAssumption of Pages model is that people will work well together and share information- this is a flawed assumption

3Race, National Origin, and Citizenship IssuesSpecial Issues and HR ProblemsImmigrants and Foreign-Born Worker RequirementsRacial/Ethnic DemographicsBilingual Employees and English-Only RequirementsRacial/Ethnic Composition of U.S. Population, 1990 and 2003

Source: U.S. Census Bureau, 2003.Latest Research on Race Issues in ManagementThe hidden component of hue (shade, tone, tinge, tint). Race may be less of an issuehue may be the primary issue given humans are perceptive beings classifying visual stimuli immediatelyMexican restaurant in San AntonioApplebee's restaurant- too White

Hue

Hue

Affirmative ActionAffirmative 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.AAP MeasuresAvailability analysisIdentifies the number of protected-class members available to work in the appropriate labor markets for given jobs.Utilization analysisIdentifies the number of protected-class members employed in the organization and the types of jobs they hold.

HR Perspective: Affirmative ActionAffirmative Action Is Still NeededTo 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.HR Perspective: Affirmative Action (contd)Affirmative Action Is No Longer NeededIt 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.Interesting Perspectiveshttps://www.youtube.com/watch?v=jLo1tD4q0kc

https://www.youtube.com/watch?v=saIVafSC38k

(Old Video) https://www.youtube.com/watch?v=eUbOcgj8AjQ

Affirmative ActionReverse DiscriminationOccurs when a person is denied an opportunity because of preferences give to protected-class individuals who may be less qualified.Technically there is no non-protected class. Taken to court under Title VII laws (gender, ethnicity)CasesBakke v. University of CaliforniaMed-school RejectionDiscovered a quota for minorities with lower scoresSeminal caseHopwood v. State of TexasWhite female rejected admission to law school and less qualified minority applicants accepted. University of Michigan20 extra points toward guaranteed admission for minoritiesCourts rules against MichiganLaw school- reserved space for critical mass of minority students even with lower scores. Requirements for Immigrants and Foreign-Born WorkersVisas and Documentation RequirementsVisas are granted by U.S. consular officersB1 for business visitors, B2 for pleasure visitors, H-1B for professional or specialized workers, and L-1 for intra-company transfers.Identity MismatchIf 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.English Only Requirements11/24/08 2:00 PMEEOC, Salvation Army Resolve English-Only FiringBy Rita Zeidner

The Salvation Army, as part of a settlement with the Equal Employment Opportunity Commission (EEOC), has agreed to end its policy of requiring its thrift store workers to be fluent in English.The EEOC sued the organization in district court in 2007, alleging it discriminated on the basis of national origin by firing two Spanish-speaking workers at one of its thrift stores. Salvation Army attorneys said the workers were let go because they violated the Massachusetts stores English language policy and failed to make a good-faith effort to acquire a better working knowledge of English during their six years on the job.In its original complaint, the EEOC asked the court to order the Salvation Army to institute policies that would provide equal opportunities for Hispanic employees and would eradicate the effects of its unlawful employment practices. In addition, the agency sought back pay and reinstatement of the workers. In the consent decree, the Salvation Army agreed to change its job description for sales and production associates, the position held by the two fired workers. Previously, workers were required to be fluent in written and spoken English. The new policy requires an ability to speak and understand English in a manner that is sufficient for effective communication with supervisors, employees, beneficiaries, and customers, based on the assumption that such individuals can only speak and understand English.The consent decree doesnt provide relief for the two fired employees. The EEOC agreed not to pursue the workers individual claims; they are, however, free to seek a remedy, such as back pay or reinstatement, on their own. 16

Language Issues and EEOEnglish-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.Oregon ExampleBilingual 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.

17Age Issues and EEOJob Opportunities for Older WorkersDiscrimination against overqualified older employees in hiringInstances 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.Time before signing waivers to not sueTime to withdraw after waiver is signedLaw to ensure older workers understand what they give upAttracting, retaining, and managing older workersPhased retirementan approach in which employees gradually reduce their workloads and pay.

18Generational Diversity at IBMIBM tells managers to give LOTS of feedback to Gen Y employees and keep in mind.Avoid surprises- dont wait for the annual reviewBe clear- specifically describe expectationsListen- use open ended questions to prompt dialogueKeep it loose- Gen Yers like informalitythinks text messageReflect- tell Gen Yers what youve learned from themBe prepared- keep notes for LOTS of SPECIFIC feedback

In sum, Gen Yers demand lots of specific feedback19U.S. Civilian Labor Force Composition by Sex, 19502010 (projected)

Source: U.S. Department of Labor, Bureau of Labor Statistics, 2003.321FIGURE 34Female Annual Earnings as Percentage of Male Earnings

Source: U.S. Department of Labor, Bureau of Labor Statistics, 2009, www.bls.gov.21Sex/Gender IssuesNepotismThe practice of allowing relatives to work for the same employer.Lincoln Plating and Performance ManagementThe epicenter of power in organizationsThe Glass CeilingDiscriminatory practices that have prevented women and other protected-class members from advancing to executive-level jobs.Carley Fiorina- Hewlett Packard (no ceiling)Lyness and Thompson 1997- Meta-analysis (some ceiling)If the glass ceiling exists may be less important than if there is a perception it exists.Perception and AttributionFoley et al, 204 Hispanic lawyersVIE theory (effort = reward, then motivation is high

Sex/Gender Issues (contd)Glass Walls and Glass ElevatorThe tendency for women to advance only in a limited number of functional fields within an organization.Breaking the GlassEstablishing mentoring programsProviding career rotationIncreasing top management and boardroom diversityEstablishing goals for diversityAllowing for alternative work arrangements

ExerciseTwo sets of like gender students have a conversation for 30 seconds.

Rest of the class listen and observe

Archetypes of Masculine and Feminine Communication StylesFeminineIndirectRelationships MatterConflict AvoidantNiceInterruptions are power playsApologies are frequent as signs of showing empathyMasculineDirectResults MatterInterruptions are teamworkApologies are weak

Archetypes of Masculine and Feminine Communication StylesBased on archetypes, who to masculine communicators think are more effective?Disparate ImpactConflict Catch 22When women act too feminine they are spineless and soft. Not leadership material.When women act too masculine they are abrasive and wenches. No one will work with them.

Sex/Gender Issues (contd)Individuals with Differing Sexual OrientationsFederal court cases and the EEOC have ruled that sex discrimination under Title VII applies to a persons gender at birth.Sex change is still in courtsRemember: EEOC interprets Title VII as any employment related decision must be made on job criteria Federal- Employment Non-discrimination ActState- Law Against Discrimination (RCW 49.60)Sexual orientation or sex-change issues that arise at work include:Clarification of HR policiesReactions of co-workersContinuing acceptance

Sexual Harassment and Workplace RelationshipsConsensual Relationships and Romance at WorkWorkplace romances are risky because they can cause conflict or result in sexual harassment.Types of Sexual HarassmentQuid pro quoLinking employment outcomes to the harassed individuals granting of sexual favors.Hostile environmentAllowing intimidating or offensive working conditions to unreasonably affect an individuals performance or psychological well-being.Potential Sexual Harassers

Sexual Harassment Liability DeterminationSource: Virginia Collins, PhD, SPHR, and Robert L. Mathis, PhD, SPHR, Omaha, Nebraska.

Exercise: Two GroupsGroup 2: Write down 5 words that best describe you.

Indicators of Legislated Diversity

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Diversity: The Business CaseThe 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.Social Identity TheoryDiversity 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.Diversity TrainingThree 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 inadequatecorporate public relations.Nonprotected-group individuals feel like scapegoats.

Generational Issues