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ROBERT L.

MATHIS
JOHN H. JACKSON

Chapter 5

Managing Equal Employment


and Diversity

SECTION 2
Staffing the
Organization

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All rights reserved. The University of West Alabama
Learning
Learning Objectives
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.

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

Special
Special Issues
Issues
and
and HR
HR Problems
Problems

Immigrants
Immigrantsand
and Bilingual
BilingualEmployees
Employees
Racial/Ethnic
Racial/Ethnic Foreign-Born
Foreign-BornWorker
Worker and
andEnglish-Only
English-Only
Demographics
Demographics Requirements
Requirements Requirements
Requirements

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Racial/Ethnic
Racial/Ethnic Composition
Composition of
of U.S.
U.S. Population,
Population,
1990
1990 and
and 2003
2003

Source: U.S. Census Bureau, 2003. Figure 5–1

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Affirmative
Affirmative Action
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.

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AAP
AAP Measures
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.

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Components
Components
ofofan
an
Affirmative
Affirmative
Action
ActionPlan
Plan
(AAP)
(AAP)

Figure 5–2

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HR
HR Perspective:
Perspective: Affirmative
Affirmative Action
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.

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HR
HR Perspective:
Perspective: Affirmative
Affirmative Action
Action (cont’d)
(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.”

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Affirmative
Affirmative Action
Action
• Reverse Discrimination
 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

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Requirements
Requirements for
for Immigrants
Immigrants and
and
Foreign-Born
Foreign-Born Workers
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.

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Language
Language Issues
Issues and
and EEO
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.

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

Source: U.S. Department of Labor, Bureau of Labor Statistics, 2003. Figure 5–3

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Sex/Gender
Sex/Gender Issues
Issues
• Pay Inequity
 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.

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Sex/Gender
Sex/Gender Issues
Issues
• Nepotism
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.

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Nontraditional
Nontraditional Occupations
Occupations for
for Women
Women

Source: U.S. Department of Labor, Women’s Bureau, 2003, available at www.dol.gov/dol/wb. Figure 5–4

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Sex/Gender
Sex/Gender Issues
Issues (cont’d)
(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

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Sex/Gender
Sex/Gender Issues
Issues (cont’d)
(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

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Sexual
Sexual Harassment
Harassment and
and
Workplace
Workplace Relationships
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
Allowingintimidating or offensive working conditions to
unreasonably affect an individual’s performance or
psychological well-being.

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Potential
Potential Sexual
Sexual Harassers
Harassers

Figure 5–5

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Sexual
Sexual Harassment
Harassment andand
Workplace
Workplace Relationships
Relationships (cont’d)
(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

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Sexual
Sexual
Harassment
Harassment
Liability
Liability
Determination
Determination

Source: Virginia Collins, PhD, SPHR,


and Robert L. Mathis, PhD, SPHR,
Omaha, Nebraska.
Figure 5–6

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Age
Age Issues
Issues and
and EEO
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.

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HR
HR Managers’
Managers’ Views
Views of
of Older
Older Workers
Workers

Figure 5–7

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Individuals
Individuals with
with Disabilities
Disabilities in
in the
the Workforce
Workforce

Recruiting
RecruitingIndividuals
Individuals Employees
EmployeesWho
Who
with
withDisabilities
Disabilities Develop
DevelopDisabilities
Disabilities

Reasonable
Reasonable
Accommodations
Accommodations

Individuals
Individualswith
withLife-
Life- Individuals
Individualswith
with
Threatening
ThreateningIllnesses
Illnesses Mental
MentalDisabilities
Disabilities

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Religion
Religion and
and Spirituality
Spirituality in
in Workplaces
Workplaces

Title
TitleVII
VII of
of Civil
Civil Rights
RightsAct
Act of
of 1964
1964
prohibits
prohibitsdiscrimination
discriminationofofreligion
religion

Managing
Managing Religious
Religious
Diversity
Diversityin
inWorkplaces
Workplaces

Respect
Respectfor for
Accommodation
Accommodation Accommodation
religious
religious Accommodation
of
ofreligious of
religious practices
practicesaffecting
affecting ofreligious
religious
beliefs
beliefsininwork expression
work dress
dressandand expressionin inthe
the
schedules
schedules workplace
appearance
appearance workplace

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Reasons
Reasons for
for Diversity
Diversity Efforts
Efforts

Organizational
Organizational
Performance
Performance

Reduction
Reductioninin
Discrimination
Discrimination
Diversity
Diversity Recruiting
Recruitingand
and
Complaints
Complaintsand
and Efforts
Efforts Retention
Retention
Costs
Costs

Diverse
DiverseThinking
Thinking
and
andProblem
Problem
Solving
Solving

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Indicators
Indicators of
of Diversity
Diversity

Figure 5–8

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Various
Various Approaches
Approaches to
to Diversity
Diversity and
and Their
Their Results
Results

Figure 5–9

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Diversity:
Diversity: The
The Business
Business Case
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.

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Common
CommonDiversity
Diversity
Management
Management
Components
Components

Figure 5–10

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Diversity
Diversity Training
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.

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