Managing Equal Employment
and Diversity
Module 3
Diversity Day at “The Office”
Hiring Women in 1943
Exercise: Two Groups
 Group 1: Write down 5
types of diversity we see
in today’s workplace.
 GO!
Does Diversity Enhance Firm Performance?
 YES!
 Scott Page- Univ of Michigan- Mathematical Modeling determining
that accuracy = average accuracy + diversity
 More types of people, more types of perspectives, better
performance
 NO!
 Social Identity theory- people are drawn to those like themselves
 Diversity is a problem as people do not work well across social
boundaries
 Assumption of Page’s model is that people will work well together
and share information- this is a flawed assumption
Race, National Origin, and
Citizenship Issues
Special Issues
and HR Problems
Racial/Ethnic
Demographics
Immigrants and
Foreign-Born Worker
Requirements
Bilingual Employees
and English-Only
Requirements
Racial/Ethnic Composition of U.S. Population, 1990 and
2003
Source: U.S. Census Bureau, 2003.
Latest Research on Race Issues in
Management
 The hidden component of “hue” (shade, tone, tinge,
tint).
 Race may be less of an issue…hue may be the primary
issue given humans are perceptive beings classifying
visual stimuli immediately


Mexican restaurant in San Antonio
Applebee's restaurant- “too White”
Hue
Hue
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.
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.
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.
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.”
Interesting Perspectives
 https://www.youtube.com/watch?v=jLo1tD4q0kc
 https://www.youtube.com/watch?v=saIVafSC38k
 (Old Video)
https://www.youtube.com/watch?v=eUbOcgj8AjQ
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.


Technically there is no “non-protected” class.
Taken to court under Title VII laws (gender, ethnicity)
 Cases
 Bakke v. University of California
 Med-school Rejection
 Discovered a “quota” for minorities with lower scores
 Seminal case
 Hopwood v. State of Texas
 White female rejected admission to law school and less qualified minority
applicants accepted.
 University of Michigan
 20 extra points toward guaranteed admission for minorities
 Courts rules against Michigan
 Law school- reserved space for “critical mass” of minority students even with
lower scores.
Requirements for Immigrants and
Foreign-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.
English Only Requirements
 11/24/08 2:00 PM
 EEOC, Salvation Army Resolve English-Only Firing
 By Rita Zeidner
 The Salvation Army, as part of a settlement with the Equal Employment Opportunity Commission




(EEOC), has agreed to end its policy of requiring its thrift store workers to be fluent in English.
The EEOC sued the organization in district court in 2007, alleging it discriminated on the basis of national
origin by firing two Spanish-speaking workers at one of its thrift stores. Salvation Army attorneys said the
workers were let go because they violated the Massachusetts store’s English language policy and failed to
make a good-faith effort to acquire a better working knowledge of English during their six years on the job.
In its original complaint, the EEOC asked the court to order the Salvation Army to institute policies that
would provide equal opportunities for Hispanic employees and would “eradicate the effects of its unlawful
employment practices.” In addition, the agency sought back pay and reinstatement of the workers.
In the consent decree, the Salvation Army agreed to change its job description for sales and production
associates, the position held by the two fired workers. Previously, workers were required to be fluent in
written and spoken English. The new policy requires an “ability to speak and understand English in a
manner that is sufficient for effective communication with supervisors, employees, beneficiaries, and
customers, based on the assumption that such individuals can only speak and understand English.”
The consent decree doesn’t provide relief for the two fired employees. The EEOC agreed not to pursue the
workers’ individual claims; they are, however, free to seek a remedy, such as back pay or reinstatement, on
their own.
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.
 Oregon Example
 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.
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
 Older Workers Benefit Protection Act (OWBPA) of 1990 and
equal treatment of older workers in retirement situations.



Time before signing waivers to not sue
Time to withdraw after waiver is signed
Law to ensure older workers understand what they give up
 Attracting, retaining, and managing older workers
 Phased retirement—an approach in which employees gradually
reduce their workloads and pay.
Generational Diversity at IBM
 IBM tells managers to give LOTS of feedback to Gen Y
employees and keep in mind….
 Avoid surprises- don’t wait for the annual review
 Be clear- specifically describe expectations
 Listen- use open ended questions to prompt dialogue
 Keep it loose- Gen Yers like informality…thinks text
message
 Reflect- tell Gen Yers what you’ve learned from them
 Be prepared- keep notes for LOTS of SPECIFIC feedback
 In sum, Gen Yers demand lots of specific feedback
U.S. Civilian Labor Force Composition by Sex, 1950–2010
(projected)
Source: U.S. Department of Labor, Bureau of Labor Statistics, 2003.
FIGURE 3–4
Female Annual Earnings as Percentage of Male Earnings
Source: U.S. Department of Labor, Bureau of Labor Statistics, 2009, www.bls.gov.
3–21
Sex/Gender Issues
 Nepotism
 The practice of allowing relatives to work for the same employer.


Lincoln Plating and Performance Management
The epicenter of power in organizations
 The “Glass Ceiling”
 Discriminatory practices that have prevented women and other
protected-class members from advancing to executive-level jobs.


Carley Fiorina- Hewlett Packard (no ceiling)
Lyness and Thompson 1997- Meta-analysis (some ceiling)
 If the glass ceiling exists may be less important than if there is a
perception it exists.



Perception and Attribution
Foley et al, 204 Hispanic lawyers
VIE theory (effort = reward, then motivation is high
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
Exercise
 Two sets of like gender students have a conversation
for 30 seconds.
 Rest of the class listen and observe
Archetypes of Masculine and Feminine
Communication Styles
 Feminine
 Indirect
 Relationships Matter
 Conflict Avoidant
 “Nice”
 Interruptions are power
plays
 Apologies are frequent
as signs of showing
empathy
 Masculine
 Direct
 Results Matter
 Interruptions are
teamwork
 Apologies are weak
Archetypes of Masculine and Feminine
Communication Styles
 Based on archetypes, who to masculine
communicators think are more effective?
 Disparate Impact
 Conflict
 Catch 22
 When women act too feminine they are spineless and
soft. Not leadership material.
 When women act too masculine they are abrasive and
wenches. No one will work with them.
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.




Sex change is still in courts
Remember: EEOC interprets Title VII as “any employment related
decision must be made on job criteria”
Federal- Employment Non-discrimination Act
State- Law Against Discrimination (RCW 49.60)
 Sexual orientation or sex-change issues that arise at work
include:



Clarification of HR policies
Reactions of co-workers
Continuing acceptance
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 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 Harassers
Sexual
Harassment
Liability
Determination
Source: Virginia Collins, PhD, SPHR,
and Robert L. Mathis, PhD, SPHR,
Omaha, Nebraska.
Exercise: Two Groups
Group 2: Write down 5
words that best describe
you.
Indicators of Legislated Diversity
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.

Social Identity Theory
 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.
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
inadequate—“corporate public relations.
 Nonprotected-group individuals feel like scapegoats.
Generational Issues