Acquire Attract Acquire Retain Develop Deploy Managing Equal

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Acquire Attract – Acquire – Retain – Develop - Deploy

Acquire Attract – Acquire – Retain – Develop - Deploy

Managing Equal Employment and Diversity Module 3 Diversity Day at “The Office” Hiring Women

Managing Equal Employment and Diversity Module 3 Diversity Day at “The Office” Hiring Women in 1943

Does Diversity Enhance Firm Performance? YES! Scott Page- Univ of Michigan- Mathematical Modeling determining

Does Diversity Enhance Firm Performance? YES! Scott Page- Univ of Michigan- Mathematical Modeling determining that accuracy = average accuracy + diversity More types of people, more types of perspectives, better performance NO! Social Identity theory- people are drawn to those like themselves Diversity is a problem as people do not work well across social boundaries Assumption of Page’s model is that people will work well together and share information- this is a flawed assumption

Race, National Origin, and Citizenship Issues Special Issues and HR Problems Racial/Ethnic Demographics Immigrants

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

Racial/Ethnic Composition of U. S. Population, 1990 and 2003 Source: U. S. Census Bureau,

Racial/Ethnic Composition of U. S. Population, 1990 and 2003 Source: U. S. Census Bureau, 2003.

Latest Research on Race Issues in Management The hidden component of “hue” (shade, tone,

Latest Research on Race Issues in Management The hidden component of “hue” (shade, tone, tinge, tint). Race may be less of an issue…hue may be the primary issue given humans are perceptive beings classifying visual stimuli immediately Mexican restaurant in San Antonio Applebee's restaurant- “too White”

Hue

Hue

Hue

Hue

Affirmative Action Plan (AAP) A requirement for federal government contractors with more than 50

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.

AAP Measures Availability analysis Identifies the number of protected-class members available to work in

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.

HR Perspective: Affirmative Action �Affirmative Action Is Still Needed �To overcome past injustices or

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.

HR Perspective: Affirmative Action (cont’d) �Affirmative Action Is No Longer Needed �It penalizes individuals

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. ”

Interesting Perspectives https: //www. youtube. com/watch? v=j. Lo 1 t. D 4 q 0

Interesting Perspectives https: //www. youtube. com/watch? v=j. Lo 1 t. D 4 q 0 kc https: //www. youtube. com/watch? v=sa. IVaf. SC 38 k (Old Video) https: //www. youtube. com/watch? v=e. Ub. Ocgj 8 Aj. Q

Affirmative Action � Reverse Discrimination � Occurs when a person is denied an opportunity

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. � � Technically there is no “non-protected” class. Taken to court under Title VII laws (gender, ethnicity) � Cases � Bakke v. University of California � Med-school Rejection � Discovered a “quota” for minorities with lower scores � Seminal case � Hopwood v. State of Texas � White female rejected admission to law school and less qualified minority applicants accepted. � University of Michigan � 20 extra points toward guaranteed admission for minorities � Courts rules against Michigan � Law school- reserved space for “critical mass” of minority students even with lower scores.

Requirements for Immigrants and Foreign-Born Workers Visas and Documentation Requirements Visas are granted by

Requirements for Immigrants and Foreign-Born Workers Visas and Documentation Requirements Visas are granted by U. S. consular officers B 1 for business visitors, B 2 for pleasure visitors, H-1 B 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.

English Only Requirements 11/24/08 2: 00 PM EEOC, Salvation Army Resolve English-Only Firing By

English Only Requirements 11/24/08 2: 00 PM EEOC, Salvation Army Resolve English-Only Firing By 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 store’s 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 doesn’t 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.

Language Issues and EEO �English-Only Requirements �EEOC guidelines allow employers to require workers to

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. �Oregon Example �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.

Age Issues and EEO �Job Opportunities for Older Workers �Discrimination against “overqualified” older employees

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. Time before signing waivers to not sue � Time to withdraw after waiver is signed � Law to ensure older workers understand what they give up � �Attracting, retaining, and managing older workers � Phased retirement—an approach in which employees gradually reduce their workloads and pay.

Generational Diversity at IBM �IBM tells managers to give LOTS of feedback to Gen

Generational Diversity at IBM �IBM tells managers to give LOTS of feedback to Gen Y employees and keep in mind…. � Avoid surprises- don’t wait for the annual review � Be clear- specifically describe expectations � Listen- use open ended questions to prompt dialogue � Keep it loose- Gen Yers like informality…thinks text message � Reflect- tell Gen Yers what you’ve learned from them � Be prepared- keep notes for LOTS of SPECIFIC feedback �In sum, Gen Yers demand lots of specific feedback

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

U. S. Civilian Labor Force Composition by Sex, 1950– 2010 (projected) Source: U. S. Department of Labor, Bureau of Labor Statistics, 2003.

FIGURE 3– 4 Female Annual Earnings as Percentage of Male Earnings Source: U. S.

FIGURE 3– 4 Female Annual Earnings as Percentage of Male Earnings Source: U. S. Department of Labor, Bureau of Labor Statistics, 2009, www. bls. gov. 3– 21

Sex/Gender Issues Nepotism The practice of allowing relatives to work for the same employer.

Sex/Gender Issues Nepotism The practice of allowing relatives to work for the same employer. Lincoln Plating and Performance Management The epicenter of power in organizations The “Glass Ceiling” Discriminatory 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 Attribution Foley et al, 204 Hispanic lawyers VIE theory (effort = reward, then motivation is high

Sex/Gender Issues (cont’d) �“Glass Walls” and “Glass Elevator” �The tendency for women to advance

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

Archetypes of Masculine and Feminine Communication Styles Feminine Indirect Relationships Matter Conflict Avoidant “Nice”

Archetypes of Masculine and Feminine Communication Styles Feminine Indirect Relationships Matter Conflict Avoidant “Nice” Interruptions are power plays Apologies are frequent as signs of showing empathy Masculine Direct Results Matter Interruptions are teamwork Apologies are weak

Archetypes of Masculine and Feminine Communication Styles Based on archetypes, who to masculine communicators

Archetypes of Masculine and Feminine Communication Styles Based on archetypes, who to masculine communicators think are more effective? Disparate Impact Conflict Catch 22 When 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 (cont’d) �Individuals with Differing Sexual Orientations �Federal court cases and the EEOC

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. Sex change is still in courts � Remember: EEOC interprets Title VII as “any employment related decision must be made on job criteria” � Federal- Employment Non-discrimination Act � State- Law Against Discrimination (RCW 49. 60) � �Sexual orientation or sex-change issues that arise at work include: Clarification of HR policies � Reactions of co-workers � Continuing acceptance �

Sexual Harassment and Workplace Relationships Consensual Relationships and Romance at Workplace romances are risky

Sexual Harassment and Workplace Relationships Consensual Relationships and Romance at 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.

Potential Sexual Harassers

Potential Sexual Harassers

Sexual Harassment Liability Determination Source: Virginia Collins, Ph. D, SPHR, and Robert L. Mathis,

Sexual Harassment Liability Determination Source: Virginia Collins, Ph. D, SPHR, and Robert L. Mathis, Ph. D, SPHR, Omaha, Nebraska.

Indicators of Legislated Diversity

Indicators of Legislated Diversity

Diversity Training �Three Components of Diversity Training �Legal awareness training focuses on the legal

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.