ROBERT L. MATHIS JOHN H. JACKSON Chapter 5 Managing Equal Employment and Diversity Presented by: Prof. Dr. Deden Mulyana, SE.,M,Si. SECTION 2 Staffing the Organization
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. http://www.deden08m.wordpress.com 5 2
Race, National Origin, and Citizenship Issues Special Issues and HR Problems Racial/Ethnic Demographics Immigrants and Foreign-Born Worker Requirements Bilingual Employees and English-Only Requirements http://www.deden08m.wordpress.com 5 3
Racial/Ethnic Composition of U.S. Population, 1990 and 2003 Source: U.S. Census Bureau, 2003. Figure 5 1 http://www.deden08m.wordpress.com 5 4
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. http://www.deden08m.wordpress.com 5 5
Availability analysis AAP Measures 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. http://www.deden08m.wordpress.com 5 6
Components of an Affirmative Action Plan (AAP) Figure 5 2 http://www.deden08m.wordpress.com 5 7
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. http://www.deden08m.wordpress.com 5 8
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. http://www.deden08m.wordpress.com 5 9
Reverse Discrimination Affirmative Action 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 http://www.deden08m.wordpress.com 5 10
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 intracompany 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. http://www.deden08m.wordpress.com 5 11
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. http://www.deden08m.wordpress.com 5 12
U.S. Civilian Labor Force Composition by Sex, 1950 2010 (projected) Source: U.S. Department of Labor, Bureau of Labor Statistics, 2003. Figure 5 3 http://www.deden08m.wordpress.com 5 13
Pay Inequity Sex/Gender Issues 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. http://www.deden08m.wordpress.com 5 14
Nepotism Sex/Gender Issues 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. http://www.deden08m.wordpress.com 5 15
Nontraditional Occupations for Women Source: U.S. Department of Labor, Women s Bureau, 2003, available at www.dol.gov/dol/wb. Figure 5 4 http://www.deden08m.wordpress.com 5 16
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 http://www.deden08m.wordpress.com 5 17
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 http://www.deden08m.wordpress.com 5 18
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. http://www.deden08m.wordpress.com 5 19
Potential Sexual Harassers Figure 5 5 http://www.deden08m.wordpress.com 5 20
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 http://www.deden08m.wordpress.com 5 21
Sexual Harassment Liability Determination Source: Virginia Collins, PhD, SPHR, and Robert L. Mathis, PhD, SPHR, Omaha, Nebraska. Figure 5 6 http://www.deden08m.wordpress.com 5 22
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. http://www.deden08m.wordpress.com 5 23
HR Managers Views of Older Workers Figure 5 7 http://www.deden08m.wordpress.com 5 24
Individuals with Disabilities in the Workforce Recruiting Individuals with Disabilities Employees Who Develop Disabilities Reasonable Accommodations Individuals with Life- Threatening Illnesses Individuals with Mental Disabilities http://www.deden08m.wordpress.com 5 25
Religion and Spirituality in Workplaces Title VII of Civil Rights Act of 1964 prohibits discrimination of religion Managing Religious Diversity in Workplaces Accommodation of religious beliefs in work schedules Respect for religious practices affecting dress and appearance Accommodation of religious expression in the workplace http://www.deden08m.wordpress.com 5 26
Reasons for Diversity Efforts Organizational Performance Reduction in Discrimination Complaints and Costs Diversity Efforts Recruiting and Retention Diverse Thinking and Problem Solving http://www.deden08m.wordpress.com 5 27
Indicators of Diversity Figure 5 8 http://www.deden08m.wordpress.com 5 28
Various Approaches to Diversity and Their Results Figure 5 9 http://www.deden08m.wordpress.com 5 29
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. http://www.deden08m.wordpress.com 5 30
Common Diversity Management Components Figure 5 10 http://www.deden08m.wordpress.com 5 31
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. http://www.deden08m.wordpress.com 5 32