1. Equal Opportunity and the Law2
Equal Opportunity and the Law
Every HR action you take as amanager, from interviewingapplicants to training, appraising, andrewarding them, has equal employment implications. Therefore, thepurpose of this chapter is to provideyou with the knowledge to dealeffectively with equal employmentquestions on the job. The main topicswe cover are equal opportunity lawsenacted from 1964 to 1991, the lawsfrom 1991 to the present, defensesagainst discrimination allegations,illustrative discriminatoryemployment practices, and the EEOC enforcement process.
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2. Learning Objectives
Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws.
Explain how to avoid and deal with accusations of sexual harassment at work.
Define adverse impact and explain how it is proved.
Explain and illustrate two defenses you can use in the event of discriminatory practice allegations.
LEARNING OBJECTIVES
After studying this chapter, you will be able to:
Explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws.
Explain how to avoid and deal with accusations of sexual harassment at work.
Define adverse impact and explain how it is proved.
Explain and illustrate two defenses you can use in theevent of discriminatory practice allegations.
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3. Learning Objectives
Cite specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits.
List the steps in the EEOC enforcement process.
Discuss why diversity management is important and how to institutionalize a diversity management program.
LEARNING OBJECTIVES
After studying this chapter, you will be able to:
Cite specific discriminatory personnel managementpractices in recruitment, selection, promotion, transfer,layoffs, and benefits.
List the steps in the EEOC enforcement process.
Discuss why diversity management is important and how to institutionalize a diversity managementprogram.
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4. The importance and basic features of Title VII of the 1964 Civil Rights Act and other equal employment laws
We will now discuss important features of several federal equal employment laws. These laws include:
Title VII of the 1964 Civil Rights Act
the role of presidential Executive Orders
the Equal Pay Act
the Vocational Rehabilitation Act
the Pregnancy Discrimination Act
federal agency guidelines, and
two early court decisions on equal employment
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5. Equal Employment Opportunity 1964–1991
The Fifth and Thirteenth Amendment to the Constitution of the United States provides protection to individuals. However, Congress and presidents did not take dramatic action with respect to implementing equal employment until the 1960s.
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6. Title VII of the 1964 Civil Rights Act
Who Does Title VII Cover?
The EEOC
This law, as amended in 1972, states that an employer cannot discriminate on the basis of race, dolor, religion, sex, or national origin. The act covers almost everyone and makes it unlawful for employers with 15 or more employees in the public or private sectors to discriminate in hiring, retaining, or dismissing employees.
The Equal Employment Opportunity Commission (EEOC) has the responsibility to administer and enforce the Civil Rights Law at work. The commission itself consists of five members appointed by the President of the U.S. In practice, the commission includes thousands of employees around the country. Their job is to receive, investigate and resolve complaints by aggrieved individuals.
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7. Executive Orders Signed into law by various presidents
Affirmative Action
Office of Federal Contract Compliance Programs (OFCCP)
Executive Orders have been used to expand equal employment opportunities in federal agencies. Such Executive Orders included steps to be taken to eliminate the present effects of past discrimination, or Affirmative Action. The Office of Federal Contract Compliance Programs (OFCCP) was established through Executive Orders. President Obama’s administration recently directed more funds and staffing to the OFCCP.
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8. Equal Pay Act of 1963 Unlawful to discriminate on basis of sex
Jobs involve:
Equal work
Equivalent skills
Similar conditions
Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work, require equivalent skills, effort, and responsibility, and are performed under similar working conditions.
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9. Age Discrimination in Employment Act of 1967
Under ADEA, no discrimination for those between 40 – 65
No slack for employer if fired employee replaced by one much younger
The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Subsequent amendments eliminated the 65-year-old age cap. This effectively ended most mandatory retirement at age 65.
In O’Connor v. Consolidated Coin Caterers Corp., the U.S. Supreme Court handed down a decision about age discrimination. It held that an employee who is over 40 years of age might sue for discrimination if a “significantly younger” employee replaces him or her, even if the replacement is also over 40.
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10. Vocational Rehabilitation Act of 1973
Federal contracts > $2,500.
Affirmative Action
Reasonable accommodations
The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing handicapped persons. It does not require hiring unqualified people. It does require an employer to take steps to accommodate a handicapped worker unless doing so imposes an undue hardship
on the employer.
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11. Pregnancy Discrimination Act of 1978
Prohibits using pregnancy, childbirth, or related medical conditions to discriminate in:
hiring
promotion
suspension, or
discharge
The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth, or related medical conditions to discriminate in any term or condition of employment. Furthermore, if an employer provides disability insurance, then it must treat pregnancy and childbirth like any other disability, and include it in the plan.
More women are suing under this act. Pregnancy discrimination claims to the EEOC rose about 50% from 2000 to 2010, to 6,119 charges.
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12. Federal Agency Guidelines
EEOC
Civil Service Commission
Department of Labor (DOL)
Department of Justice (DOJ)
The federal agencies charged with ensuring compliance with these laws and executive orders issue their own implementing guidelines. These spell out recommended procedures for complying with the law.
The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth “highly recommended” procedures regarding things like employee selection, record keeping, and pre-employment inquiries.
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13. Early Court Decisions, Equal Employment Opportunity
Griggs v. Duke power company
Albemarle paper company v. Moody
Griggs v. Duke power company
First, the Court ruled that the discrimination does not have to be overt to be illegal. Second, the Court held that an employment practice (in this case, requiring a high school degree) must be job related. Third, the court placed the burden of proof on the employer to show that the hiring practice is job related.
Albermarle paper company v. Moody
In the Albemarle case, the Court provided more details on how employers could prove that tests or otherscreeningtools relate to job performance. If an employer wants to test candidates for a job, then the employer first should document the job’s duties and responsibilities clearly and understand them. Furthermore, the job’s performance standards should be clear and unambiguous. Clear performance standards would showwhich employees are performing better than others.
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14. Review Title VII of the 1964 Civil Rights Act Executive Orders
The Equal Pay Act
The Vocational Rehabilitation Act
The Pregnancy Discrimination Act
Federal agency guidelines
Court decisions on equal employment
Our first learning objective was to be able to explain the importance of and list the basic features of Title VII of the 1964 Civil Rights Act and at least five other equal employment laws.Let’s review.
Title VII tells us that an employer cannot discriminate on the basis of race, dolor, religion, sex, or national origin.
Executive Orders have been used to expand equal employment opportunities in federal agencies.
Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work, require equivalent skills, effort, and responsibility, and are performed under similar working conditions.
The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age.
The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing handicapped persons.
The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth, or related medical conditions to discriminate in any term or condition of employment.
The federal agencies charged with ensuring compliance with these laws and executive orders issue their own implementing guidelines. These spell out recommended procedures for complying with the law.
In one landmark case, the Supreme Court ruled that the discrimination does not have to be overt to be illegal. Second, the Court held that an employment practice (in this case, requiring a high school degree) must be job related. Third, the court placed the burden of proof on the employer to show that the hiring practice is job related.
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15. Equal Employment Opportunity 1990–91–present
In this next section, we will discuss the Civil Rights Act of 1991, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008 (GINA), state and local EEO laws, and sexual harassment.
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16. The Civil Rights Act of 1991 Burden of proof Money damages
Mixed motives
The burden of proof is what the plaintiff (for example, an employee) must show to establish possible illegal discrimination, and what the employer must show to defend its actions. An aggrieved employee must demonstrate that an employment practice (such as “must lift 100 pounds”) has a disparate (or “adverse”) impact on a particular group. The burden of proof then shifts to the employer, who must show that the challenged practice is job related.
CRA 1991 makes it easier to sue for money damages. It provides that an employee who can prove intentional discrimination can ask for compensatory and punitive damages.
If race, color, religion, sex, or national origin is a motivating factor forany employment practice, even if other factors also motivated the practice, it may be unlawful. This is known as a “mixed motive”case.
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17. The Americans with Disabilities Act
Mental impairments and the ADA
Qualified individual
Reasonable accommodation
Traditional employer defenses
The “new” ADA
The Americans with Disabilities Act (ADA) of 1990 prohibits employers with 15 or more workers from discriminating against qualified individuals with disabilities. Such practices include discrimination with respect to applications, hiring, discharge, compensation, advancement, training, and the like.
Under EEOC ADA guidelines, “mental impairment” includes “any mental or psychological disorder, suchas...emotional or mental illness.” Examples include major depression, anxiety and personality disorders.
The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. If the individual can’t perform the job as currently structured, the employer must make a “reasonable accommodation” unless doing so would present an “undue hardship.” Reasonable accommodation might include redesigning the job, modifying work schedules, or modifying or acquiring certain equipment.
Traditional defenses for employers included proving that an impairment is central to the daily living activities of the worker, which was supported by the Supreme Court. Employers typically won 96% of such cases.
The ADA Amendments Act (ADAAA) became effective on January 1, The effect of the new act is to make it much easier for employees to show that their disabilities are limiting. For example, it is now easier for an employee to show that the disability is influencing one of the employee’s “major life activities.” It does so by adding examples like reading, concentrating, thinking, sleeping, and communicating to the list of life activities.
The bottom line is that employers must redouble their efforts to make sure they’re complying with the ADA and providing reasonable accommodations.
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18. Genetic Information Nondiscrimination Act of 2008 (GINA)
Employers
Health insurers
The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people’s genetic information.
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19. State & Local EEO Laws State and local employment discrimination
Coverage
Employment opportunity agencies
In addition to federal laws, all states and many local governments prohibit employment discrimination. The effect of the state or local laws is usually to cover employers who federal laws might otherwise miss. Many cover employers such as those with fewer than 15 employees not covered by federal legislation. Such local agencies are frequently called “Human Resources Commissions” or “Fair Employment Commissions”. Often the federal EEOC will defer to the local agencies to provide them a first opportunity to address the issues. If results are not satisfactory or timely, the EEOC maintains the legal right to provide resolution.
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20. Review Legal terminology The Civil Rights Act of 1991
Americans with Disabilities Act
Genetic Information Nondiscrimination Act
State and local EOO laws
The burden of proof is what the plaintiff (for example, an employee) must show to establish possible illegal discrimination, and what the employer must show to defend its actions.
CRA 1991 makes it easier to sue for money damages.
The Americans with Disabilities Act (ADA) of 1990 prohibits employers with 15 or more workers from discriminating against qualified individuals with disabilities.
The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people’s genetic information.
In addition to federal laws, all states and many local governments prohibit employment discrimination. The effect of the state or local laws is usually to cover employers who federal laws might otherwise miss
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21. Avoiding and dealing with accusations of sexual harassment at work
In this section, we will define sexual harassment and discuss appropriate ways with which you may deal with it. We will also note other related acts such as the Federal Violence Against Women Act of 1994.
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22. Sexual Harassment Affirmative action duty
Federal Violence Against Women Act of 1994
What is sexual harassment
Under Title VII, sexual harassment generally refers to harassment on the basis of sex when such conduct substantially:
interferes with a person’s work performance or
creates an intimidating, hostile, or offensive work environment.
The EEOC emphasizes that employers have an affirmative action duty to maintain workplaces free from intimidation and harassment.
The Federal Violence Against Women Act of 1994 provides another path women can use to seek relief for violent sexual harassment. It provides that a person “who commits a crime of violence motivated by gender and thus deprives another” of her rights shall be liable to the party injured.
Sexual harassment is defined by EEOC guidelines as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
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23. Sexual Harassment Proving sexual harassment
When is the environment hostile?
PROVING SEXUAL HARASSMENT
The types of sexual harassment fall into three general categories: Quid Pro Quo, Hostile environment created by supervisors and hostile environment created by coworkers or non-employees.
Quid Pro Quo
The most direct is to prove that rejecting a supervisor’s advances adversely affected what the EEOC calls a “tangible employment action”. Such actions include hiring, firing, promotion, demotion, and/or work assignment.
Hostile Environment Created by Supervisors
In one case the court found that a male supervisor’s sexual harassment had substantially affected a female employee’s emotional and psychological ability to the point that she felt she had to quit her job.
Hostile Environment Created by Coworkers or Nonemployees
One court held that a mandatory sexually provocative uniform led to lewd comments by customers.
When Is the Environment “Hostile”?
In general, hostile environment sexual harassment means that intimidation, insults, and ridicule are
sufficiently severe to alter working conditions.
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24. Sexual Harassment Supreme Court decisions Implications
When the law isn’t enough
What the employee can do
Various Supreme Court Decisions have upheld the rights of employees to not be subject to sexual harassment.
For example, in the case of Faragher v. City of Boca Raton, a woman accused her employer of condoning a hostile work environment. She quit her job after repeated taunts from other lifeguards. The Court ruled in her favor.
Implications of the Court’s rulings include, first, in quid pro quo cases, the employee does not need to suffer a job action such as demotion to win the case. Second, employers were provided an important defense by the Court if they show two things.
First, the employer must exercise reasonable care to prevent and correct any sexually harassing behavior.
Second, the employer must demonstrate the employee failed to take advantage of the employer’s policies.
Sometimes, the law isn’t sufficient. That is, women and men perceive what is and isn’t sexual harassment differently and some women may find harassment fun or flattering. Others may view it as benign. For the employer and managers, the best advice is to execute anti-harassment policies zealously.
If you, for example, are the harassed employee, here’s what to do. First, follow the employers policies to the letter. Second, file a verbal complaint with the harasser and the harasser’s boss. Third, file written complaints about the unwelcome behavior and the unsuccessful efforts at resolution with the harasser’s manager and HR. Finally, turn to the local EEOC office.
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25. Review Sexual harassment Affirmative Action duty
Federal Violence Against Women Act 1994
Supreme Court decisions
Sexual harassment generally refers to harassment on the basis of sex when such conduct substantially:
interferes with a person’s work performance or
creates an intimidating, hostile, or offensive work environment.
Employers have an affirmative action duty to maintain workplaces free from intimidation and harassment.
The Federal Violence Against Women Act of 1994 provides another path women can use to seek relief for violent sexual harassment.
Various Supreme Court Decisions have upheld the rights of employees to not be subject to sexual harassment. The Implications of the Court’s rulings include the:
employee does not need to suffer a job action such as demotion to win the case
employer must exercise reasonable care to prevent and correct any sexually harassing behavior.
employer must demonstrate the employee failed to take advantage of the employer’s policies.
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26. Defenses against discrimination allegations
To understand how employers defend themselves against employment discrimination claims, we should first briefly review some basic legal terminology.
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27. Defining and Proving Adverse Impact
Disparate treatment
Disparate impact
Discrimination law distinguishes between disparate treatment and disparate impact.
Disparate treatment means intentional discrimination.
Disparate impact means that an employer engages in an employment practice or policy that has a greater adverse
impact (effect) on members of a protected group than on other employees, regardless of intent.
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28. The Central Role of Adverse Impact
Showing adverse impact
Disparate rejection rates
The Standard Deviation Rule
Restricted policy
Population comparisons
McDonnell-Douglas Test
Disparate rejection rates are shown by comparing application rejection rates for minority and non-minority groups.
The standard deviation rule refers to the difference between the numbers of minority candidates we would have expected to hire versus those we actually hired. That difference should be less than two standard deviations.
A restricted policy means that an employer’s policies excluded members of a protected group, such as women or minorities.
Population comparisons have to do with the percentage of protected group members in an organization and those in the labor market pool.
The McDonnell-Douglas test articulates four rules that must be shown by a potential employee.
A person must belong to a protected class.
An applicant was qualified for an open position with the employer.
Despite being qualified, the applicant was rejected.
After rejection, the position remained open and the employer continued seeking applicants with complainant’s qualifications.
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29. Two Defenses Employers may Use in the Event of Discriminatory Practice Allegations.
There are two fundamental defenses an employer can use in the event of discriminatory practice allegations.
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30. Bona Fide Occupational Qualification (BFOQ)
Age
Religion
Gender
National origin
It should not be an unlawful employment practice if religion, sex, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that business. Age may be a BFOQ for an actor required to play a youthful or elderly part. Religion may also be a BFOQ if a religious organization requires its employees to share their religion. Gender may be a BFOQ for a female model required to model female clothing in a fashion show. And, national origin may be a BFOQ for an employee working in a Chinese pavilion at a fair.
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31. Other Adverse Impact Issues
Business Necessity
Other considerations
Good intentions
Collective Bargaining Agreements (CBA)
Defense not only recourse
While not always easy to show business necessity, it may be an important consideration where safety or human and economic risks are such that hiring unqualified candidates may result in severe injury or death to individuals.
The three other points with respect to discriminatory practice defenses to be remembered are:
Good intentions are no excuse.
Equal employment opportunity law takes precedence over collective bargaining agreements.
A court case is not your only recourse. Agreeing to eliminate the legal practice may work very well.
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32. Review Disparate treatment and impact
The Central Role of Adverse Impact
Employer defenses
Other Adverse Impact Issues
Disparate treatment means intentional discrimination.
Disparate impact refers to an employment practice or policy that has a greater adverse impact (effect) on members of a protected group. As examples, we discussed:
Disparate rejection rates
The Standard Deviation Rule
Restricted policy
Population comparisons
McDonnell-Douglas Test
There are two fundamental defenses an employer can use in the event of discriminatory practice allegations.
Bona Fide Occupational Qualification (BFOQ)
It should not be an unlawful employment practice if religion, sex, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that business.
Business Necessity
An employer must show that a specific action is required for performing the job in question, and that the business could not run efficiently without the requirement—that it is a business necessity.
The three other points with respect to discriminatory practice defenses to be remembered are:
Good intentions are no excuse.
Equal employment opportunity law takes precedence over collective bargaining agreements.
A court case is not your only recourse. Agreeing to eliminate the legal practice may work very well.
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33. Specific discriminatory personnel management practices
We will begin a discussion of specific discriminatory personnel management practices in recruitment, selection, promotion, transfer, layoffs, and benefits.
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34. Illustrative Discriminatory Employment Practices
What you can and cannot do
Recruitment
Word-of-mouth
Misleading information
Help wanted ads
Note that while federal law may not prevent you as an employer from asking seemingly discriminatory questions, many local and state laws do. So, if you need to ask if a person is married, be sure you can prove business necessity or show how such a question is a BFOQ. And, be sure to ask the same question of all applicants. Realize also that asking such questions tends to “wave a red flag” as far as the EEOC is concerned.
If your workforce is almost all white, Hispanic, female, and so forth, relying extensively on word-of-mouth advertising for hiring purposes, for example, is not a good idea. Doing so reduces the likelihood that others will become aware of the jobs and thus apply for them.
It is unlawful to give false or misleading information to members of any group, or to fail or refuse to advise them of work opportunities and the procedures for obtaining them.
Finally, “Help wanted—male” and “help wanted—female” ads are violations unless gender is a bona fide occupational qualification for the job.
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35. Illustrative Discriminatory Employment Practices
Examples of selection standards
Educational requirements
Tests
Physical characteristics
Arrest records
Application forms
EDUCATIONAL REQUIREMENTS
Generally, educational qualifications areillegal when (1) minority groups are less likely to possess the educational qualifications and (2) such qualifications are also not job related.
TESTS
Courts deem tests unlawful if they disproportionately screen out minorities or women and are not job related.
HEIGHT, WEIGHT AND PHYSICAL CHARACTERISTICS
Physical requirements such as minimum height are unlawful unless the employer can show they’re job related.
ARREST RECORDS
Unless the job requires security clearance, do not ask an applicant whether he or she has been arrested or spent time in jail.
APPLICATION FORMS
Employment applications generally shouldn’t contain questions about applicants’ disabilities, workers’ compensation history, age, arrest record, or U.S. citizenship.
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36. Sample Discriminatory Promotion, Transfer and Layoff Practices
Personal appearance
Dress
Hair
Uniforms
Tattoos, body piercings
Supervisor knowledge
In general, employers do not violate the Title VII ban on sex bias by requiring all employees to dress conservatively. With respect to hair, courts usually favor employers. For example, employer rules against facial hair do not constitute sex discrimination because they discriminate only between clean-shaven and bearded men. When it comes to discriminatory uniforms and/or suggestive attire, however, courts frequently side with employees. Finally, Tattoos and body piercings are an issue at work. In cases where body piercings interfere with routine job duties, they may be restricted by the employer. For example, wearing jewelry in a tongue piercing is likely to be distracting while talking with customers on the phone and may be a legitimate BFOQ or business necessity.
Supervisors must be aware that:
Knowledge of this chapter’s contents may be critical.
Courts may hold you personally responsible for violating the equal employment rights of others.
Retaliation is illegal under equal rights laws.
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37. Review Illustrative Discriminatory Employment Practices
Examples of selection standards
Sample Discriminatory Promotion, Transfer and Layoff Practices
If your workforce is almost all white, Hispanic, female, and so forth, relying extensively on word-of-mouth advertising for hiring purposes, for example, is not a good idea. Doing so reduces the likelihood that others will become aware of the jobs and thus apply for them.
It is unlawful to give false or misleading information to members of any group.
“Help wanted—male” and “help wanted—female” ads are violations unless gender is a bona fide occupational qualification for the job.
Examples of selection standards we discussed include:
Educational requirements
Tests
Physical characteristics
Arrest records
Application forms
Sample Discriminatory Promotion, Transfer and Layoff Practices include:
Personal appearance such as hair, body piercings and the like and
Supervisor knowledge such as knowledge of this chapter’s contents, that courts may hold a supervisor personally responsible and retaliation is illegal.
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38. The steps in the EEOC enforcement process
We will now examine the steps in the EEOC enforcement process.
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39. The EEOC Enforcement Process
File charge
Charge acceptance
Serve notice
Investigation
Cause/no cause
Conciliation
Notice to sue
The process begins when either the aggrieved person or a member of the EEOC who has reasonable causeto believe that a violation occurred must file the claim in writing and under oath.
The EEOC’s common practice is to accept a charge and orally refer it to the state or local agency on behalf of the charging party.
After a charge is filed (or the state or local deferral period has ended), the EEOC has 10 days to serve notice on the employer.
The EEOC then investigates the charge to determine whether there is reasonable cause to believe it is true.
If it finds no reasonable cause, the EEOC must dismiss the charge, and must issue the charging party a Notice of Right to Sue.
If the EEOC does find cause, it has 30 days to work out a conciliation agreement.
If the conciliation is not satisfactory, the EEOC may bring a civil suit, or issue a Notice of Right to Sue to the person who filed the charge.
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40. The EEOC Enforcement Process
Voluntary mediation
Mandatory arbitration of discrimination claims
The EEOC refers about 10% of its charges to a voluntary mediation mechanism. Such mechanism is defined as “…an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution….”
Many employers, to avoid EEO litigation, require applicants and employees to agree to arbitrate such claims. Employers should consider inserting a mandatory arbitration clause in their employment applications or employee handbooks.
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41. Review The EEOC Enforcement Process Seven-step process
Voluntary mediation
Mandatory arbitration of discrimination claims
The EEOC enforcement process consists of seven steps beginning with the filing of a charge and ending with conciliation and a notice to sue. The EEOC enforcement process includes voluntary mediation and mandatory arbitration of discrimination claims.
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42. Why diversity management is important and how to institutionalize a diversity management program
Diversity means having a workforce comprised of two or more groups of employees with various racial, ethnic, gender, cultural, national origin, handicap, age, and religious backgrounds. In creating diverse groups of employees, differing perspectives, knowledge, value systems and other characteristics can contribute to building strong and creative teams of people.
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43. Diversity Management and Affirmative Action Programs
Diversity cons
Stereotyping – eg. ‘Older people cannot work hard’
Discrimination
Tokenism – appoint small groups for high-profile positions.
Ethnocentrism – look at other social group less favourable than one’s own
Gender-role stereotypes – to associate women with certain non-managerial jobs
Stereotyping is a process in which someone ascribes specific behavioral traits to individuals based on their apparent membership in a group.
Discrimination means taking specific actions toward or against the person based on the person’s group.
Tokenism occurs when a company appoints a small group of women or minorities to high-profile positions, rather than more aggressively seeking full representation for that group.
Ethnocentrism is the tendency to view members of other social groups less favorably than one’s own.
Working women also confront gender-role stereotypes, the tendency to associate women with certain (frequently non-managerial) jobs.
Diversity benefits include measurable profitability and growth where diversity is managed proactively.
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44. Diversity Management Diversity Pros
Bring Ideas – knowledge and life experiences to provide a pool of new ideas
Social Responsibility – hiring physically disabled show a CSR
Source of human resources – talented people come from wide variety of background
Adequate manpower for public holidays – Malaysian context: multiracial cater diff public holidays.
Marketing Strategy – hire employees to cater different customers’ backgrounds
Business Communication – with vendors & customers
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45. Diversity Management and Affirmative Action Programs
Managing diversity
Encouraging inclusiveness
Multicultural consciousness
Being sensitive to and adapting to individual cultural differences.
Managing diversity means maximizing diversity’s potential advantages while minimizing the potential barriers. Barriers such as prejudices and biasthat can undermine the functioning of a diverse workforce. Top-down programs typically, start at the top with strong leaders or a CEO who champion the cause of diversity. Assessing the situation using metrics, employee attitude surveys and focus groups will enable effective tracking. Other effective management includes”
Providing diversity training and education.
Changing the culture and management systems.
Evaluating the diversity management program.
A big part of managing diversity involves overcoming barriers to inclusion such as learning about other cultures and
helping all employees to better understand the causes of prejudice.
For you as an individual, to improve your multicultural consciousness,
Take an active role in educating yourself.
Put yourself in a learning mode in any multicultural setting.
Move beyond your personal comfort zone.
Don’t be too hard on yourself if misunderstandings arise.
Realize that you are not alone.
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46. Managing Diversity
Maximizing diversity’s potential advantages while minimizing the potential barriers. Barriers such as prejudices and bias that can undermine the functioning of a diverse workforce.
Top-down programs – 5 sets of voluntary organisational activities:
Strong leadership
Assess the situation - use metrics, employee attitude surveys and focus groups.
Providing diversity training and education
Change Culture and Management Systems
Evaluate diversity management program
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47. Human Resources Management 12e Gary Dessler
FIGURE 2–8 Strategies That Overcome Barriers to Inclusion
At the Personal Level
Inclusive Strategies
Barriers to Inclusion
Become aware of prejudice and other barriers to valuing diversity
Learn about other cultures and groups
Serve as an example, walk the talk
Participate in managing diversity
Stereotypes, prejudices
Past experiences and influences
Stereotyped expectations and perceptions
Feelings that tend to separate, divide
At the Interpersonal Level
Facilitate communication and interactions in ways that value diversity
Encourage participation
Share your perspective
Facilitate unique contributions
Resolve conflicts in ways that value diversity
Accept responsibility for developing common ground
Cultural differences
Group differences
Myths
Relationship patterns based on exclusion
Figure 2-8 illustrates strategies for overcoming barriers to inclusion, such as learning about other cultures and helping all employees to better understand the causes of prejudice.
Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall
Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall

48. Human Resources Management 12e Gary Dessler
FIGURE 2–8 Strategies That Overcome Barriers to Inclusion (cont’d)
At the Organizational Level
Inclusive Strategies
Barriers to Inclusion
All employees have access to networks and focus groups
All employees take a proactive role in managing diversity and creating a more diverse workplace culture
All employees are included in the inner circle that contributes to the bottom-line success of the company
All employees give feedback to management
All employees are encouraged to contribute to change
Individuals who get away with discriminating and excluding
A culture that values or allows exclusion
Work structures, policies, and practices that discriminate and exclude
Figure 2-8 illustrates strategies for overcoming barriers to inclusion, such as learning about other cultures and helping all employees to better understand the causes of prejudice.
Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall
Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall

49. Multicultural Consciousness
Take an active role in educating yourself.
Put yourself in a learning mode in any multicultural setting.
Move beyond your personal comfort zone.
Don’t be too hard on yourself if misunderstandings arise.
Realize that you are not alone.
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50. Review Diversity management and Affirmative Action programs
Diversity benefits
Managing diversity
Diversity management and affirmative action programs such as stereotyping and discrimination.
Diversity benefits include measurable profitability and growth where diversity is managed proactively.
Managing diversity effectively for the purposes of:
Inclusiveness
Multicultural consciousness
EEO vs. Affirmative Action
Reverse discrimination
Equal employment opportunity aims to ensure that anyone has an equal opportunity based on his or her qualifications.
Affirmative action goes beyond this by having the employer take actions (in recruitment, hiring, and so forth) to eliminate the current effects of past discrimination.
Employersmay begin to achieved such aims by recruiting minorities online and overcoming employee resistance through education, communication and transparent selection procedures.
In terms of reverse discrimination, Courts have been grappling with the use of quotas (or de facto quotas) in hiring, particularly with claims of reverse discrimination (discriminating against nonminority applicants and employees).
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51. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America.
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