11

Ch. 5 Equal Employment and Diversity Management

Equal Employment Equal Employment OpportunityOpportunity

Affirmative ActionAffirmative Action Non-discriminatory practicesNon-discriminatory practices

22

Race, National Origin, and Race, National Origin, and Citizenship IssuesCitizenship Issues

Potential HR Issues

Racial/Ethnic Discriminatio

n and Harassment

English-Only Requirements and Bilingual

Employees

Requirements for

Immigrants and Foreign-Born Workers

33

2006 Charge Statistics from EEOC

Note: Because individuals often file charges claiming multiple types of discrimination, the total percentages may exceed 100%. Total charges = 75,428.

Source: U.S. Equal Employment Opportunity Commission, 2006, www.eeoc.gov/stats/charges.html.

44

Sex/Gender IssuesSex/Gender Issues

Avoiding Pay InequityAvoiding Pay Inequity:: Include benefits and other items of remuneration to Include benefits and other items of remuneration to

calculate paycalculate pay

Inform employees of pay practicesInform employees of pay practices

Base pay on the value of performance and job-Base pay on the value of performance and job-related factorsrelated factors

Benchmark pay against local and national markets Benchmark pay against local and national markets

Conduct internal audits to detect gender-based Conduct internal audits to detect gender-based inequities and ensure that pay is fair.inequities and ensure that pay is fair.

55

Female Annual Earnings as Percentage of Male Earnings

Source: U.S. Department of Labor, Bureau of Labor Statistics, 2006, www.bls.gov.

66

Women as Percentage of Total Employees by Selected

Industries

Source: U.S. Bureau of Labor Statistics, “Employed Persons by Detailed Industry and Sex,” 2006, www.bls.gov.

77

Sex/Gender IssuesSex/Gender Issues

Women in the workforceWomen in the workforce Nontraditional jobsNontraditional jobs Glass ceilings, walls and elevatorsGlass ceilings, walls and elevators NepotismNepotism CommunicationCommunication

88

Sex/Gender Issues: Sex/Gender Issues: Breaking the GlassBreaking the Glass

Alternative work arrangementsAlternative work arrangements Organizational diversity goalsOrganizational diversity goals MentoringMentoring Increase top management Increase top management

diversitydiversity

99

Sex/Gender IssuesSex/Gender Issues

Sexual OrientationSexual Orientation Courts and EEOC have ruled that Courts and EEOC have ruled that

sex discrimination under CRA Title sex discrimination under CRA Title VII applies to a person’s gender at VII applies to a person’s gender at birth.birth.

Claims include hiring, firing, Claims include hiring, firing, promotion processespromotion processes

1010

Sexual Harassment and Sexual Harassment and Workplace RelationshipsWorkplace Relationships Consensual Consensual

Relationships and Relationships and Romance at WorkRomance at Work Workplace romances Workplace romances

are riskyare risky Policies prohibiting Policies prohibiting

them are up them are up substantiallysubstantially

1111

Types of Sexual Types of Sexual HarassmentHarassment

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.

1212

Potential Sexual Harassers

SupervisorsSupervisors CoworkersCoworkers Other employeesOther employees Former employeesFormer employees Customers Customers VendorsVendors

1313

Addressing the Issue of Addressing the Issue of Sexual HarassmentSexual Harassment

Sexual harassment policy Sexual harassment policy CommunicatedCommunicated Consistently enforcedConsistently enforced

Training for awareness, behavior Training for awareness, behavior changeschanges

Enabling complaintsEnabling complaints Taking them seriouslyTaking them seriously Taking actionTaking action

1414

Sexual Harassment Liability Determination

Source: Virginia Collins, PhD, SPHR, and Robert L. Mathis, PhD, SPHR, Omaha, Nebraska.

1515

Age Issues and EEOAge Issues and EEO

Discrimination against older Discrimination against older “overqualified” workers“overqualified” workers

Age discrimination in workforce Age discrimination in workforce reductionsreductions

Attracting, retaining, managing older Attracting, retaining, managing older workers (protected class)workers (protected class)

1616

Consequences•Health care

usage•Heath care costs•More

training/retraining

•Employee stress

Disadvantages•Are weak on new technology

•Cause expenses to rise

•Are less flexible

Advantages• Will work different

schedules• Serve as mentors• Have invaluable

experience• Have a strong work

ethic• Are more reliable

OlderWorkers

HR HR ManagersManagers’ Views of ’ Views of Older Older WorkersWorkers

1717

Disabled Workers and Disabled Workers and ApplicantsApplicants

Recruiting and selecting individuals Recruiting and selecting individuals with disabilitywith disability

New disabilitiesNew disabilities Mental disabilitiesMental disabilities Life-threatening illnessesLife-threatening illnesses

1818

Common Means of Reasonable Accommodation

Modified work schedulesModified work schedules Special equipmentSpecial equipment Job redesignJob redesign ReassignmentReassignment Employer-provided assistanceEmployer-provided assistance

1919

Religion and Spirituality in Workplaces

2020

Affirmative ActionAffirmative Action

Affirmative ActionAffirmative Action Employers urged to hire from protected classes to make Employers urged to hire from protected classes to make

up for historical discrimination.up for historical discrimination.

Affirmative Action and the CourtsAffirmative Action and the Courts Courts have upheld AA, but recently have limited it Courts have upheld AA, but recently have limited it

somewhat.somewhat.

Reverse DiscriminationReverse Discrimination Occurs when a person is denied an opportunity because Occurs when a person is denied an opportunity because

of preferences given to protected-class individuals who of preferences given to protected-class individuals who may be less qualified.may be less qualified.

2121

Debate on Affirmative Debate on Affirmative ActionAction

Affirmative ActionIs Still Needed

Affirmative Action Is No Longer Needed

• To overcome and eliminate the effects of past injustices.

• To create equality for all persons, even if temporary injustice to some individuals may result.

• Employment of protected-class members will benefit society.

• Properly used, does not discriminate against males or whites.

• Goals indicate progress needed, not quotas.

• Penalizes individuals even though they have not been guilty of discrimination.

• Creates preferences that result in reverse discrimination.

• Results in greater polarization and separatism.

• Stigmatizes those it is designed to help.

• Forces employers to “play by the numbers” as goals become quotas.

2222

Affirmative Action Plan Affirmative Action Plan (AAP)(AAP)

Federal government contractors with more Federal government contractors with more than 50 employees and over $50,000 in than 50 employees and over $50,000 in government contracts annually government contracts annually

Required to document the inclusion of women Required to document the inclusion of women and racial minorities in the workforce.and racial minorities in the workforce.

Covered employers must submit plans to Covered employers must submit plans to narrow gap between the composition of narrow gap between the composition of workforce and composition of labor markets workforce and composition of labor markets where they obtain employees.where they obtain employees.

2323

Components of an Affirmative Action Plan (AAP)

2424

Managing Diversity: Managing Diversity: Tangible IndicatorsTangible Indicators

AgeAge Marital and family statusMarital and family status DisabilityDisability Race/ethnicityRace/ethnicity ReligionReligion GenderGender Sexual OrientationSexual Orientation

2525

Managing DiversityManaging Diversity

Diversity: The Business Case

•Allows new talent and new ideas from employees of different backgrounds.

•Helps recruiting and retention.

•Allows for an increase in market share.

•Leads to lower costs because there may be fewer lawsuits.

2626

Approaches to Diversity and Their Results

2727

Common Diversity Management Components

2828

Diversity TrainingDiversity Training

Protected Groups

View diversity efforts as inadequate and nothing more than “corporate public

relations” that do not meet expectations.

Non-Protected Groups

Believe that the emphasis

on diversity makes them scapegoats for problems created by increasing diversity.

Backlash Against Diversity Efforts