Managing Equal Employment and Diversity

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

Racial/Ethnic Demographics Immigrants and Foreign-Born Worker Requirements Bilingual Employees and English-Only Requirements Race, National Origin, and Citizenship Issues Special Issues and HR Problems Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

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

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

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

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

Affirmative Action • Reverse Discrimination • Occurs when a person is denied an opportunity because of preferences give to protected-class individuals who may be less qualified. • Cases • Bakke v. University of California • Hopwood v. State of Texas • University of Michigan Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Requirements for Immigrants and Foreign-Born Workers • Visas and Documentation Requirements • Visas 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. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Language Issues and EEO • English-Only Requirements • EEOC guidelines allow employers to require workers to speak only English at certain times or in certain situations at work as a business necessity. • Bilingual Employees • Employers find it beneficial to have bilingual employees so that foreign-language customers can contact someone speaking their languages. • Racial/Ethnic Harassment • Employers should adopt and enforce policies against harassment of any type, including ethnic jokes, vulgar epithets, racial slurs, and physical actions. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

U.S. Civilian Labor Force Composition by Sex, 1950–2010 (projected) Figure 5–3 Source: U.S. Department of Labor, Bureau of Labor Statistics, 2003. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

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

Sex/Gender Issues • Nepotism • The practice of allowing relatives to work for the same employer. • Job Assignments and “Nontraditional” Jobs • Women 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. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Nontraditional Occupations for Women Figure 5–4 Source: U.S. Department of Labor, Women’s Bureau, 2003, available at www.dol.gov/dol/wb. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

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

Sex/Gender Issues (cont’d) • Individuals with Differing Sexual Orientations • Federal 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 Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Sexual Harassment and Workplace Relationships • Consensual Relationships and Romance at Work • Workplace romances are risky because they can cause conflict or result in sexual harassment. • Types of Sexual Harassment • Quid pro quo • Linking employment outcomes to the harassed individual’s granting of sexual favors. • Hostile environment • Allowing intimidating or offensive working conditions to unreasonably affect an individual’s performance or psychological well-being. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Sexual Harassment and Workplace Relationships (cont’d) • Legal Standards on Sexual Harassment • Tangible 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 policy • Communicating the policy regularly • Training employees to avoid sexual harassment • Investigating and taking actions when complaints arise Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Sexual Harassment Liability Determination Source: Virginia Collins, PhD, SPHR, and Robert L. Mathis, PhD, SPHR, Omaha, Nebraska. Figure 5–6 Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Age Issues and EEO • Job Opportunities for Older Workers • Discrimination against “overqualified” older employees in hiring • Instances of age discrimination in the workforce reduction when layoffs impact largely older workers • Older 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. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Individuals with Disabilities in the Workforce Recruiting Individuals with Disabilities Employees Who Develop Disabilities ReasonableAccommodations Individuals with Life- Threatening Illnesses Individuals with Mental Disabilities Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Accommodation of religious beliefs in work schedules Respect for religious practices affecting dress and appearance Accommodation of religiousexpression in the workplace Religion and Spirituality in Workplaces Title VII of Civil Rights Act of 1964 prohibits discrimination of religion Managing Religious Diversity in Workplaces Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Organizational Performance Recruiting and Retention Reduction in Discrimination Complaints and Costs Diverse Thinking and Problem Solving Reasons for Diversity Efforts Diversity Efforts Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

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

Diversity Training • Three Components of Diversity Training • Legal 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 Efforts • Protected-group individuals view diversity efforts as inadequate—“corporate public relations. • Nonprotected-group individuals feel like scapegoats. Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.

Managing Equal Employment and Diversity