1 Ch. 5 Equal Employment and Diversity Management  Equal Employment Opportunity  Affirmative Action  Non-discriminatory practices

2 Race, National Origin, and Citizenship Issues Potential HR Issues Racial/Ethnic Discrimination and Harassment English-Only Requirements and Bilingual Employees Requirements for Immigrants and Foreign- Born Workers

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,

4 Sex/Gender Issues  Avoiding Pay Inequity:  Include benefits and other items of remuneration to calculate pay  Inform employees of pay practices  Base pay on the value of performance and job- related factors  Benchmark pay against local and national markets  Conduct internal audits to detect gender-based inequities and ensure that pay is fair.

5 Female Annual Earnings as Percentage of Male Earnings Source: U.S. Department of Labor, Bureau of Labor Statistics, 2006,

6 Women as Percentage of Total Employees by Selected Industries Source: U.S. Bureau of Labor Statistics, “Employed Persons by Detailed Industry and Sex,” 2006,

7 Sex/Gender Issues  Women in the workforce  Nontraditional jobs  Glass ceilings, walls and elevators  Nepotism  Communication

8 Sex/Gender Issues: Breaking the Glass  Alternative work arrangements  Organizational diversity goals  Mentoring  Increase top management diversity

9 Sex/Gender Issues  Sexual Orientation  Courts and EEOC have ruled that sex discrimination under CRA Title VII applies to a person’s gender at birth.  Claims include hiring, firing, promotion processes

10 Sexual Harassment and Workplace Relationships  Consensual Relationships and Romance at Work  Workplace romances are risky  Policies prohibiting them are up substantially

11 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.

12 Potential Sexual Harassers  Supervisors  Coworkers  Other employees  Former employees  Customers  Vendors

13 Addressing the Issue of Sexual Harassment  Sexual harassment policy  Communicated  Consistently enforced  Training for awareness, behavior changes  Enabling complaints  Taking them seriously  Taking action

14 Sexual Harassment Liability Determination Source: Virginia Collins, PhD, SPHR, and Robert L. Mathis, PhD, SPHR, Omaha, Nebraska.

15 Age Issues and EEO  Discrimination against older “overqualified” workers  Age discrimination in workforce reductions  Attracting, retaining, managing older workers (protected class)

16 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 Older Workers HR Managers’ Views of Older Workers

17 Disabled Workers and Applicants  Recruiting and selecting individuals with disability  New disabilities  Mental disabilities  Life-threatening illnesses

18 Common Means of Reasonable Accommodation  Modified work schedules  Special equipment  Job redesign  Reassignment  Employer-provided assistance

19 Religion and Spirituality in Workplaces

20 Affirmative Action  Affirmative Action  Employers urged to hire from protected classes to make up for historical discrimination.  Affirmative Action and the Courts  Courts have upheld AA, but recently have limited it somewhat.  Reverse Discrimination  Occurs when a person is denied an opportunity because of preferences given to protected-class individuals who may be less qualified.

21 Debate on Affirmative Action Affirmative Action Is 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.

22 Affirmative Action Plan (AAP)  Federal government contractors with more than 50 employees and over $50,000 in government contracts annually  Required to document the inclusion of women and racial minorities in the workforce.  Covered employers must submit plans to narrow gap between the composition of workforce and composition of labor markets where they obtain employees.

23 Components of an Affirmative Action Plan (AAP)

24 Managing Diversity: Tangible Indicators  Age  Marital and family status  Disability  Race/ethnicity  Religion  Gender  Sexual Orientation

25 Managing 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.

26 Approaches to Diversity and Their Results

27 Common Diversity Management Components

28 Diversity 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