Managing Equal Employment and Diversity

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

2. Exercise: Two Groups • Group 1: Write down 5 types of diversity we see in today’s workplace. • GO!

3. 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

4. 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

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

6. 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”

7. Hue

8. Hue

9. 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.

10. 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.

11. 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.

12. 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.”

13. Interesting Perspectives • https://www.youtube.com/watch?v=jLo1tD4q0kc • https://www.youtube.com/watch?v=saIVafSC38k • (Old Video) https://www.youtube.com/watch?v=eUbOcgj8AjQ

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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

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

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

22. 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. • CarleyFiorina- 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

23. 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

24. Exercise • Two sets of like gender students have a conversation for 30 seconds. • Rest of the class listen and observe

25. 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

26. 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.

27. 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

28. 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.

29. Potential Sexual Harassers

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

31. Exercise: Two Groups Group 2: Write down 5 words that best describe you.

32. Indicators of Legislated Diversity

33. 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. • Social Identity Theory • 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.

34. 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.

35. Generational Issues