Managing Equal Employment and Diversity

Race, National Origin, and Citizenship Issues

Special Issues and HR Problems

Racial/Ethnic Demographics

Immigrants and ForeignBorn Worker Requirements

Bilingual Employees and English-Only Requirements

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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.

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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.

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Components of an Affirmative Action Plan (AAP)

Figure 52

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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.
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HR Perspective: Affirmative Action (contd)

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 Action
Reverse Discrimination
Occurs when a person is denied an opportunity because of preferences give to protected-class individuals who may be less qualified.

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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.

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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Sex/Gender 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 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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Sex/Gender Issues (contd)

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 Issues (contd)

Individuals with Differing Sexual Orientations
Federal court cases and the EEOC have ruled that sex discrimination under Title VII applies to a persons gender at birth. Sexual orientation or sex-change issues that arise at work include:
Clarification of HR policies Reactions of co-workers Continuing acceptance
Copyright 2005 Thomson Business & Professional Publishing. All rights reserved.
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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 individuals granting of sexual favors.

Hostile environment
Allowing intimidating or offensive working conditions to unreasonably affect an individuals performance or psychological well-being.
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Potential Sexual Harassers

Figure 55

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Sexual Harassment and Workplace Relationships (contd)

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 Harassment Liability Determination

.
Figure 56

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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 Attracting, retaining, and managing older workers
Phased retirementan approach in which employees gradually reduce their workloads and pay.
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HR Managers Views of Older Workers

Figure 57

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Individuals with Disabilities in the Workforce

Recruiting Individuals with Disabilities Employees Who Develop Disabilities

Reasonable Accommodations
Individuals with LifeThreatening Illnesses Individuals with Mental Disabilities

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Religion and Spirituality in Workplaces

Title VII of Civil Rights Act of 1964 prohibits discrimination of religion Managing Religious Diversity in Workplaces

Accommodation of religious beliefs in work schedules

Respect for religious practices affecting dress and appearance

Accommodation of religious expression in the workplace

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Reasons for Diversity Efforts

Organizational Performance

Reduction in Discrimination Complaints and Costs

Diversity Efforts

Recruiting and Retention

Diverse Thinking and Problem Solving

Copyright 2005 Thomson Business & Professional Publishing. All rights reserved.

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Indicators of Diversity

Figure 58

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Various Approaches to Diversity and Their Results

Figure 59

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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. 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.
Copyright 2005 Thomson Business & Professional Publishing. All rights reserved.
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Common Diversity Management Components

Figure 510

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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 inadequatecorporate public relations. Nonprotected-group individuals feel like scapegoats.
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