Chapter 5 Managing Equal Employment and Diversity

Copyright © 2005 Thomson Business & Professional Publishing.
All rights reserved.
ROBERT L. MATHIS
JOHN H. JACKSON
PowerPoint Presentation by Charlie Cook
The University of West Alabama
Managing Equal EmploymentManaging Equal Employment
and Diversityand Diversity
Chapter 5Chapter 5
SECTION 2SECTION 2
Staffing theStaffing the
OrganizationOrganization

Copyright © 2005 Thomson Business & Professional 5–2
Learning ObjectivesLearning ObjectivesLearning ObjectivesLearning 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.

Race, National Origin, and CitizenshipRace, National Origin, and Citizenship
IssuesIssues
Race, National Origin, and CitizenshipRace, National Origin, and Citizenship
IssuesIssues
Special IssuesSpecial Issues
and HR Problemsand HR Problems
Special IssuesSpecial Issues
and HR Problemsand HR Problems
Immigrants andImmigrants and
Foreign-Born WorkerForeign-Born Worker
RequirementsRequirements
Immigrants andImmigrants and
Foreign-Born WorkerForeign-Born Worker
Racial/EthnicRacial/Ethnic
DemographicsDemographics
Racial/EthnicRacial/Ethnic
DemographicsDemographics
Bilingual EmployeesBilingual Employees
and English-Onlyand English-Only
Bilingual EmployeesBilingual Employees
and English-Onlyand English-Only

Racial/Ethnic Composition of U.S. Population,Racial/Ethnic Composition of U.S. Population,
1990 and 20031990 and 2003
Racial/Ethnic Composition of U.S. Population,Racial/Ethnic Composition of U.S. Population,
1990 and 20031990 and 2003
Figure 5–1Source: U.S. Census Bureau, 2003.

Affirmative ActionAffirmative ActionAffirmative ActionAffirmative 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.

AAP MeasuresAAP MeasuresAAP MeasuresAAP 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.

ComponentsComponents
of anof an
AffirmativeAffirmative
Action PlanAction Plan
(AAP)(AAP)
of anof an
AffirmativeAffirmative
Action PlanAction Plan
(AAP)(AAP)
Figure 5–2

HR Perspective: Affirmative ActionHR Perspective: Affirmative ActionHR Perspective: Affirmative ActionHR 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.

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

Affirmative ActionAffirmative ActionAffirmative ActionAffirmative 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

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

Language Issues and EEOLanguage Issues and EEOLanguage Issues and EEOLanguage 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.

U.S. Civilian Labor Force Composition by Sex,U.S. Civilian Labor Force Composition by Sex,
1950–2010 (projected)1950–2010 (projected)
U.S. Civilian Labor Force Composition by Sex,U.S. Civilian Labor Force Composition by Sex,
1950–2010 (projected)1950–2010 (projected)
Figure 5–3Source: U.S. Department of Labor, Bureau of Labor Statistics, 2003.

Sex/Gender IssuesSex/Gender IssuesSex/Gender IssuesSex/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.

Sex/Gender IssuesSex/Gender IssuesSex/Gender IssuesSex/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.

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

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

Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)Sex/Gender Issues (cont’d)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.
Sexual orientation or sex-change issues that arise at
work include:
 Clarification of HR policies
 Reactions of co-workers
 Continuing acceptance

Sexual Harassment andSexual Harassment and
Workplace RelationshipsWorkplace Relationships
Workplace RelationshipsWorkplace 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.

Potential Sexual HarassersPotential Sexual HarassersPotential Sexual HarassersPotential Sexual Harassers
Figure 5–5

Workplace Relationships (cont’d)Workplace Relationships (cont’d)
Workplace Relationships (cont’d)Workplace Relationships (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

SexualSexual
HarassmentHarassment
LiabilityLiability
DeterminationDetermination
SexualSexual
HarassmentHarassment
LiabilityLiability
DeterminationDetermination
Figure 5–6
Source: Virginia Collins, PhD, SPHR,
and Robert L. Mathis, PhD, SPHR,
Omaha, Nebraska.

Age Issues and EEOAge Issues and EEOAge Issues and EEOAge 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.
Attracting, retaining, and managing older workers
 Phased retirement—an approach in which employees
gradually reduce their workloads and pay.

HR Managers’ Views of Older WorkersHR Managers’ Views of Older WorkersHR Managers’ Views of Older WorkersHR Managers’ Views of Older Workers
Figure 5–7

Individuals with Disabilities in the WorkforceIndividuals with Disabilities in the WorkforceIndividuals with Disabilities in the WorkforceIndividuals with Disabilities in the Workforce
Individuals with Life-Individuals with Life-
Threatening IllnessesThreatening Illnesses
Individuals with Life-Individuals with Life-
Threatening IllnessesThreatening Illnesses
Recruiting IndividualsRecruiting Individuals
with Disabilitieswith Disabilities
Recruiting IndividualsRecruiting Individuals
with Disabilitieswith Disabilities
Employees WhoEmployees Who
Develop DisabilitiesDevelop Disabilities
Employees WhoEmployees Who
Develop DisabilitiesDevelop Disabilities
Individuals withIndividuals with
Mental DisabilitiesMental Disabilities
Individuals withIndividuals with
Mental DisabilitiesMental Disabilities
ReasonableReasonable
AccommodationsAccommodations
ReasonableReasonable
AccommodationsAccommodations

Religion and Spirituality in WorkplacesReligion and Spirituality in WorkplacesReligion and Spirituality in WorkplacesReligion and Spirituality in Workplaces
Title VII of Civil Rights Act of 1964Title VII of Civil Rights Act of 1964
prohibits discrimination of religionprohibits discrimination of religion
Title VII of Civil Rights Act of 1964Title VII of Civil Rights Act of 1964
prohibits discrimination of religionprohibits discrimination of religion
Managing ReligiousManaging Religious
Diversity in WorkplacesDiversity in Workplaces
Managing ReligiousManaging Religious
Diversity in WorkplacesDiversity in Workplaces
AccommodationAccommodation
of religiousof religious
beliefs in workbeliefs in work
schedulesschedules
beliefs in workbeliefs in work
schedulesschedules
expression in theexpression in the
workplaceworkplace
expression in theexpression in the
workplaceworkplace
Respect forRespect for
religiousreligious
practices affectingpractices affecting
dress anddress and
appearanceappearance
Respect forRespect for
religiousreligious
practices affectingpractices affecting
dress anddress and
appearanceappearance

Reasons for Diversity EffortsReasons for Diversity EffortsReasons for Diversity EffortsReasons for Diversity Efforts
Reduction inReduction in
DiscriminationDiscrimination
Complaints andComplaints and
CostsCosts
Reduction inReduction in
DiscriminationDiscrimination
Complaints andComplaints and
CostsCosts
OrganizationalOrganizational
PerformancePerformance
OrganizationalOrganizational
PerformancePerformance
Recruiting andRecruiting and
RetentionRetention
Recruiting andRecruiting and
RetentionRetention
Diverse ThinkingDiverse Thinking
and Problemand Problem
SolvingSolving
Diverse ThinkingDiverse Thinking
and Problemand Problem
SolvingSolving
DiversityDiversity
EffortsEfforts
DiversityDiversity
EffortsEfforts

Indicators of DiversityIndicators of DiversityIndicators of DiversityIndicators of Diversity
Figure 5–8

Various Approaches to Diversity and Their ResultsVarious Approaches to Diversity and Their ResultsVarious Approaches to Diversity and Their ResultsVarious Approaches to Diversity and Their Results
Figure 5–9

Diversity: The Business CaseDiversity: The Business CaseDiversity: The Business CaseDiversity: 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.

Common DiversityCommon Diversity
ManagementManagement
Common DiversityCommon Diversity
ManagementManagement
Figure 5–10

Diversity TrainingDiversity TrainingDiversity TrainingDiversity 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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