Diversity in a global environment Exam 2
T/F: Quotas are illegal when hiring.
True, You can not have a rule like "50% of the workforce must be female"
T/F: Questionnaires, interviews, testing, and educational requirements need to be careful of disparate impact.
True, they need to be careful of disparate impact.
What is the principal of anti discrimination laws at the federal level?
Chapter VII of the Civil Rights Act of 1964 (and it's amendment's)
Disparate impact includes when discrimination arises from an employer's policies or practices that apply equally to everyone but that
discriminate in a greater proportion against minorities and have no relation to job qualification.
Some state doe not allow companies to insure against ________ and _______
disparate treatment and punitive damages
Under the ADA Compensatory and punitive damages are available for ____________ but not ____________
disparate treatment but nor disparate impact
An accuser of Title VII must prove either ____________, _____________ or ___________
disparate treatment, disparate impact or retaliation
Willful violations of the ADEA permit discrimination victims to be awarded ______________
double damages
Why do some courts impose affirmative action on some private employers?
to overcome a history of prior discrimination
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on what?
- Race - sex - color - religion - national origin
What anti discrimination laws did we cover?
- Title VII of the Civil Rights Act of 1964 - Civil Rights act of 1866 - The Age Discrimination in Employment Act - Americans with Disabilities act - The Genetic Information Nondiscrimination act
Types of employer action in which discrimination is prohibited include:
- discharge - refusal to hire - compensation - promotion - terms, conditions, or privileges of employment
The Americans with disability act does not cover
- impairments with an actual or expected duration of 6 months or less - homosexuality - sexual behavior disorders - compulsive gambling - kleptomania - disorders resulting from "current" drug or alcohol use (individuals who have recovered or are successfully recovering are covered by the ADA
What are the Steps for getting the EEOC involved with a Civil Rights violation?
1) Contact the EEOC & file charge of discrimination 2) EEOC investigates 3a) If EEOC finds something then they will tell employer to make changes. 3b) If EEOC does not find anything then they will back out and give the individual the right to sue employer by themselves. 4) If employer says no to changes then the EEOC will sue the employer "EEOC on behalf of x employee vs. x company"
How is the Employers defense in Age discrimination in employment act (ADEA) cases different from Title VII cases?
1) The ADEA does not require the employer to prove a "business necessity" in order to successfully defend an age discrimination case of disparate impact. All the employer need do is establish that a "reasonable factor other than age" accounted for the discriminatory impact. 2) The employers defense of reasonable factor other than age cannot be defeated by the employee's showing of a less discriminatory way of achieving the employers purpose.
Employers are liable if plaintiffs prove ________ harassment. But may have a defense to ___________ harassment
1) quid pro quo 2) hostile environment harassment
It is helpful to think of sexual harassment cases in terms of
1) quid pro quo cases and 2) hostile work environment cases
What provisions of Title VII of the CRA(1964) make it illegal for an employer to discriminate on an employee because he/she has made a charge, testified, or participated in an investigation or hearing under the act or other wise opposed any practice made illegal by Title VII?
Antiretaliation provisions
What is the Pregnancy discrimination act?
Employers can not discriminate against women workers who have become pregnant or who have given birth. The act also covers men when considering their wives for insurance purposes.
What act is not federal law yet but banns employment discrimination on the basis of sexual orientation?
Employment Non-discrimination Act
What agency has the primary responsibility of enforcing the Civil rights act of 1964?
Equal Employment Opportunity Commission (EEOC)
T/F: By using section 1981 of the CRA of 1866 a plaintiff alleging race discrimination can immediately sue an employer In federal court without first going through the EEOC.
True, it is different than suing under Title VII
CRA of 1866 section 1981 provides that
all persons... shall have the same right to make and enforce contracts... as enjoyed by white citizens. It also protects against discrimination in " enjoyment of all benefits, privileges, terms and conditions of the contractual relationship"
Title VII specifically ______ employers to adopt seniority systems even when they may discriminate against protected groups
allows
From Race Matter's research, the most effective relationship network is heterogeneous along three dimensions:
1) the network should have functional diversity; it should include mentors, sponsors, role models, peers, and even people whom the protégées themselves might be developing mentoring relationships toward. 2) the network should have variety with respect to position (seniors, colleagues, and juniors) as well as location (people within the immediate department, in other departments, and outside the organization) 3) the network should be demographically mixed in terms of race, gender, age, and culture.
The ADA prohibits employer discrimination against job applicants based on
1) their having a disability 2) their having a disability in the past 3) their being "regarded" as having a disability - me
What are the two advantages of suing your employer for race discrimination under Section 1981 of the CRA of 1866 compared to Title VII?
1) you can sue your employer without first having to go through the EEOC 2) you have unlimited damages
The Genetic Information Nondiscrimination Act (GINA) prohibits
covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information and from discriminating against employees and applicants on the basis of a family member's genetic information.
Title VII _____ prohibit discrimination against employees based on their sexual orientation, or whether they are gay, lesbian, bisexual, transgendered, or heterosexual.
does not
Age discrimination in employment act (ADEA) prohibits what?
employment discrimination against employees ages 40 and older, and it prohibits mandatory retirement of the employees
Section 1981 of the CRA of 1866 includes not only race but:
ethnic or national groups
Before the EEOC files a civil suit in court, they must first what?
exhaust efforts to settle the claim
Employment Agencies are prohibited from either ____________ or from _________ an individual on the basis of race, color, religion, sex, or national origin.
failing to refer or from actually referring
What is the affirmative action requirement that government contractors have?
federally contracted employers must actively recruit members of minority groups being underused in the workforce. That is, employers must hire members of these groups when there are fewer minority workers in a given category than one could reasonably expect, considering their availability.
The Equal Opportunity act of 1972 gave the EEOC the ability to what?
file a civil suit in federal district court and represent a person or class of person charging a violation of the act.
Before a plaintiff can file a lawsuit against an employer, the plaintiff must first:
file charges of discrimination with the EEOC and obtain a notice of right to sue from the agency
The Health Insurance Portability and Accountability Act (HIPAA) forbids
group plans and issuers from excluding an employee from insurance coverage or requiring different premiums based on the employee's health status, medical condition or history, genetic information, or disability.
Individuals with HIV & AIDS are protected by the
ADA
The Age discrimination in employment act (ADEA) applies to employers with how many employees?
20 or more
Over the past two years HPE's program has placed more than 30 participants in software-testing roles at Australia's Department of Human Services (DHS). Preliminary results suggest that the organization's neurodiverse testing teams are _____ more productive than the others.
30%
SAP's neurodiversity program is the longest running compared to other companies mentioned. How long has it been running?
4 years
University of Chicago and MIT Researchers racial bias when hiring based on an applicants name. People with white sounding names were ______% more likely to get called for an initial interview than applicants with African-american sounding names
50
Unemployment for neurodiverse individuals runs as high as
80%
Was it illegal for A&F market aggressively to a particular audience and build their brand a particular way?
no
The Americans with Disabilities Act (ADA) prohibits employers from requiring a ________________________ or asking questions about the job applicants medical history.
preemployment medical examination - Only after a job offer has been extended can the employer condition employment on the employee's responses to job-related medical questions
one of a mentor's key tasks is to help the protégé build a
large and diverse network of relationships. Because that mentor might not be around forever
Employees hired through these Neurodiversity programs need what kind of career paths?
long term just as other workers do
What has been a surprising benefit from Neurodiversity programs?
managers have begun thinking more deeply about leveraging the talents of all employees through greater sensitivity to individual needs. Not just employees with neurological disorders
Which has closer relationships with their proteges, Mentors or sponsors
mentors. Sponsors are just coaches and not counselors
The EEOC found probable cause that A&F was violating Title VII by discriminating against minority individuals on the basis of
national origin, color, race and/or gender in hiring, staffing, constructive discharge, failing to promote into manager positions, steering, and discharge, on an individual basis and also on a nationwide basis
Can a company head quartered in another country discriminate when it comes to hiring executives?
no
If anything, neurodiverse employees must satisfy _____ requirements than others, because they must meet program objectives in addition to the performance objectives expected of anyone in their role.
objectives in addition to the performance objectives expected of anyone in their role.
Close mentoring relationships are much more likely to form when both parties see
parts of themselves in the other person
What did the Consent decree with Gonzalez v. A&F damages entail?
pay $50 million in damages
Minority professionals who subsequently plateaued in middle management tended to make their decisions based on
perceived fast-track career opportunities, not on the actual work. They were more prone to take salary and title promotions that offered little increase in management responsibility. (They were moving laterally)
minorities tend to advance further when their white mentors understand and acknowledge race as a
potential barrier.
Religious corporations can discriminate on the basis of ________ but not on the basis of of race, color, sex, or national origin
religion
What lawsuits against A&F were discussed and what were they about?
Gonzalez v. A&F-class action lawsuit- racial discrimination in hiring and employment practices EEOC v. A&F West v. A&F- gender discrimination
Neurodiversity programs induce companies and their leaders to adopt a style of management that emphasizes placing each person in a context that maximizes her or his contributions. SAP uses a metaphor to communicate this idea across the organization:
People are like puzzle pieces, irregularly shaped.
many cross-race mentoring relationships suffer from
Protective Hesitation; both parties refrain from raising touchy issues
What practice did A&F use before the lawsuit and still use it but for different purposes?
Sending pictures of employees to A&F HQ from stores Before: did this to find models for advertisements Now: do this to rank top 25 and bottom 50 stores in terms of diversity
Who is the Senior Vice President of Diversity at A&F?
Todd Corley
The largest gender discrimination case was brought against who?
Walmart & Sam's club
Consent decree-
an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case)
According to Race Matters, it was impossible to make it to the executive level, regardless of race, without the active advocacy of
an immediate boss and at least one other key sponsor or mentor.
"social partners" --
government or nonprofit organizations committed to helping people with disabilities obtain jobs.
efforts to make corporate communications more direct, in order to account for the difficulties autistic employees have with nuance, irony, and other fine points of language, have
improved communication overall.
1991 amendments to the CRA stated that the showing of a statistically imbalanced work force _________ enough in itself to establish a violation of title VII
is not
What was A&F's brand image in 2002?
"18-22 year old college guy who has a good body and is aspirational" they wanted to resemble the "classic American image" or "the embodiment of American cool"
BFOQ does not allow discrimination for __________
- race - color
Who is subject to mandatory retirement policies?
"Bona fide" executives and high-level policy makers age 65 and older who are entitled to receive annual retirement benefits of at least $44,000 a year
In order for A&F stores to maintain the appropriate store image they received a copy of what?
"The Look Book"
What PGA player won the right to use a golfcaurt under the ADA?
Casey Martin
Employers must make reasonable accommodations only for the ____________ disabled
qualified
describe Hithon v Tyson foods
Hithon and his coworker were passed up for manager position, instead two white workers were hired from outside the plant. They sued based on racial prejudice with the evidence of their supervisor calling them "boy". After going back and forth, the courts eventually favored with Hithon and he was awarded compensatory and punitive damages.
____________________ cases is when co-workers make offensive sexual comments or proposition, engage in suggestive touching, show nude pictures, or draw sexual graffiti.
Hostile work environment
What act signed in 2009 extended the time for employees to bring gender discrimination claims challenging pay or promotion decisions?
Lilly Ledbetter Equal Pay Act
Who was the Abercrombie & Fitch's CEO appointed in 1992 who said "If I exclude people- absolutely. delighted to do so"?
Michael Jeffries
T/F: The word "sex" in Title VII refers only to gender, whether someone is male or female.
True it refers only to gender
_______ of all sexual harassment claims were filed by men with the eeoc in 2013
17.6%
disparate treatment
when the employer INTENTIONALLY discriminates against the plaintiff
professionals of color who plateaued in middle management tended to have circumscribed relationships with their mentors, often limited to
work-related issues
Is hostile environment and sexual harassment covered by Title VII?
yes
The auther of race matters discovered what about career trajectories for white executives vs minority executives?
- In the tournament for whites, contenders are sorted early on (stage 1), and only those deemed most promising proceed to future competition. - In the tournament for minorities, the screening process for the best jobs occurs much later (Stage 2-3).
To develop the personal connections that are the foundation of a good mentoring relationship (especially cross-race), the participants must overcome the following potential obstacles:
- Negative Stereotypes - Identification and role modeling - Skepticism about Intimacy - Public Scrutiny - Peer Resentment
HPE places new neurodiverse employees in "pods" of about ___ people, where they work alongside neurotypical colleagues in a roughly 4:1 ratio
15
SAP has two "support circles" describe
- 1 for the workplace - 1 for the employees personal life
What causes the neurodiverse population to be largely untapped?
- Conventional recruitment and career-development methods (for example, job interviews) - the belief that scalable work processes require absolute conformity to standardized approaches
Minoritie's mentors provided critical support in five ways. What were they?
- First, the relationships opened the door to challenging assignments that allowed the minority executives to gain professional competence. - Second, by putting the future executives in high-trust positions, the mentors sent a message to the rest of the organization that these people were high performers, thus helping them to gain confidence and establish their credibility. - Third, the mentors provided crucial career advice and counsel that prevented their protégés from getting sidetracked from the path leading to the executive level. - Fourth, the mentors often became powerful sponsors later in the minority executives' careers, recruiting them repeatedly to new positions. - Fifth, the mentors often protected their protégés by confronting subordinates or peers who leveled unfair criticism, especially if it had racial undertones.
As part of the Consent decree. A&F agreed to what?
- not implement any policy that discriminates against minorities - Retain a diversity consultant - Establish an Office of Diversity - Hire a Diversity Vice President - Provide Diversity training to all employees - Set up an internal complaint procedure for complaints of discrimination - Hire no fewer than 10 diversity recruiters to help with handling diversity applicants - Change their advertising to include minority audiences
autism and dyslexia, can bestow special skills in
- pattern recognition, - memory, or - mathematics
What are the stages of career development?
1) covered entry level to middle management. 2) included middle management to upper middle management. (A person in Stage 2 supervised other managers and had responsibility for a functional department within a business unit--for example, the director of marketing or a plant manager.) 3) covered upper middle management to the executive level. (A person in this stage became a corporate officer or a direct report of a corporate officer, with responsibility for an integrated business unit--a division president, for instance--or leadership of a corporate function-- such as a vice president of purchasing.)
SAP has announced an intention to make __% of its workforce neurodiverse by 2020. Why that number?
1% -- a number chosen because it roughly corresponds to the percentage of autistic people in the general population.
A&F's Six-pronged diversity strategy is is focused on what elements and drivers of organizational change?
1) Leadership Commitment 2) Communication 3) Employee Engagement 4) Education & Training 5) Measurement & Accountability 6) Policy & System Integration
What are the 7 major elements of "specialisterne's" approach to starting a diversity program?
1) Team with "social partners" for expertise you lack. 2) Use nontraditional, noninterview-based assessment and training processes. 3) Train other workers and managers. 4) Set up a support ecosystem 5) Tailor methods for managing careers. 6) Scale the program. 7) Mainstream the program.
Minority executives received less promotions than minority managers because
Minority executives promotions did not happen as much but they were bigger and more significant
What was one way A&F discriminated against minority workers?
They gave minority workers the night shift and caucasians the day shift.
What is a potential problem from Neurodiverse people not getting a job offer they applied for?
They get crushed and feel worthless
A quid pro quo case is aka
a this for that case
Mentors must be willing to give their protégés the
benefit of the doubt. Doubt feel skepticism bc of race or other factors. Expect them to succeed
A key finding of Race Matter's research is that professionals of color who plateaued in management received mentoring that was basically instructional; it helped them develop better skills. Minority executives, by contrast, enjoyed:
closer, fuller developmental relationships with their mentors.
a mentor must play the dual role of
coach and counselor: coaches give technical advice-- explaining how to do something--while counselors talk about the experience of doing it and offer emotional support
Stage 1 of career development was a time for minority executives to gain the three C's:
confidence, competence, and credibility.
when the mentoring relationship is across race, the mentor will often have certain limitations as a role model. That is, if the protégé adopts the behavior of the mentor, it might produce
different result
because race and racism can pose significant obstacles for people of color, mentors of minorities may need to approach mentoring than they do with their white protégés.
differently
What stage did minority executive's careers take off?
stage 2-3
the career trajectories and experiences of minority and white executives finally converged in what stage?
stage 3
What was wrong with A&F's "look book"?
the discouraged hair styles and jewelry guidelines specifically delineated styles and habits typical for people of color
What was different between white executives stage 2 and minority exetugves stage 2?
the minority executives in the study vividly recalled that their initial middle-management jobs were critical to their eventual success. However, few of the white executives felt that way
In the Neurodiversity article, what is the major problem?
the neurodiverse population remains largely untapped in reference to the workforce
David Thomas from Race matters, found that
the people of color who advance the furthest all share one characteristic--a strong network of mentors and corporate sponsors who nurture their professional development.
What kept minorities motivated and prepared to take advantage of opportunities that arrived even if they had to wait longer than their white peers?
their relationships with mentors.
SAP is conducting a review to determine how recruiting, hiring, and development could take a broader view. Its stated goal is to make its mainstream talent processes so "neurodiversity friendly" that it can
ultimately close its neurodiversity program. Microsoft has similar ambitions.
Neurotypical people report that involvement makes their work more meaningful and their morale higher. And early indications suggest that neurodiversity program employees, appreciative of having been given a chance, are
very loyal and have low rates of turnover.
Does the Civil rights act protect against discrimination on age?
No but the Age discrimination in employment act (ADEA) does
An individual can demonstrate he or she is "regarded as" having a disability by establishing that he or she has been subjected to an action prohibited by the ADA __________
"because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity
The American workforce is ______ according to a 2014 report from the bureau of labor statistics
"graying" - meaning that there are record numbers of workers among 55-64 year olds and the numbers are expected to increase through 2021 -
Break down the ADA's definition of of disability "any physical or mental impairment that substantially limits one or more of an individual's major life activities"
"physical and mental impairment" - includes physical disorders and conditions, disease, disfigurement, amputation affecting a vital body system, psychological disorders, mental retardation, mental illness, and learning disabilities. "Major life activities"- include such activities as "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. It also includes the function of any major body function. The decision of whether an impairment substantially limits a major life activity must be made without regard to the effects of medicines and other aids (eyeglasses and contacts excluded).
In 1991 Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damage of up to ________ per person depending on the size of the employer.
$300,000
The provisions of Title VII of the Civil Rights Act of 1964 apply to employers with what?
- 15 or more employees or - labor unions
An employee must file charges of illegal discrimination with the EEOC within _____ days after notice of the unlawful practice. If the employee first filed in a timely fashion with a state fair employment practices commission, the law extends the time for filing with the EEOC to ______ days
- 180 - 300
What is helping cause the surge in in private lawsuits alleging discrimination?
- 1991 revision of the CRA to support compensatory and punitive damages - The Americans with Disabilities Act which effects around 50 million people - The Age Discrimination in Employment Act because of the aging baby boomer population
The EEOC is composed of ____ members, not more than _____ can be apart of what?
- 5 members - not more than 3 - same political party
Describe Thompson v. North American Steel (NAS)
- Miriam Regalado made a title VII claim with the EEOC alleging sex discrimination against her by NAS. - 3 weeks later her fiancé, Eric Thompson, was fired. - The Supreme Court found that Thompson was within the zone of interests of Title VII and, as such, the statute's anti retaliation provisions protected him. He had standing to bring a claim against NAS.
Ricci vs. Destefano details
- New Haven Fire department administered a test to determine who qualified for promotion. - The results of the test said that whites and hispanics outperformed minority candidates - Some minority firefighter said that enforcing the results would result in disparate impact and firefighters who passed the test said failing to certify the test results would be a disparate impact. Both sides threatened to sue. - The city decided not to certify the test results and white and hispanic firefighters sued. - The Supreme Court held that because the examinations were job related and consistent with business necessity, and there was no strong evidence of disparate impact violation, the city should have certified the test results. Fear of litigation alone cannot justify an employers reliance on race to the detriment of individuals who passed the exam and qualified for promotions.
What companies in the U.S. had gender bias cases brought against them?
- Novartis - Morgan Stanley - Goldman Sachs groups
The ADA prohibits employers with ____ or more employees from discriminating against the qualified disabled.
15
Is all sexually offensive conduct between employees illegal?
No, it has to be severe or persistent and create an abusive work environment.
Who terminates federal contracts if the employers do not comply with the governments affirmative action guidelines? If employers do not comply with guidelines then they could be ineligible for any future federal business
Office of Federal contract compliance program (OFCCP)
What is "race norming" employment tests and is it illegal?
Setting different minimums for different applicants based on one of the Title VII categories. it is illegal according to Title VII.
"covered employers" for GINA is defined as all employers subject to
Title VII
Remedies under the ADA are basically the same remedies available under __________
Title VII
T/F: If an employee who complains about discrimination is transferred to the night shift, even without pay, he may have a claim for retaliation under Title VII.
True
When is an employer liable for a hostile work environment created by employees?
When the employer knows of the problem and fails to take prompt and reasonable steps to correct it, such as by moving the harassers away from the plaintiff employee.
For the equal pay act, discrimination is allowed if it arises from ____________, _____________, or ____________
a seniority system, a merit system, or any other factor other than sex
The ADA defines disability as
any physical or mental impairment that substantially limits one or more of an individual's major life activities
If a private employer sets up it's own voluntary affirmative action plan, it does not violate Title VII if an employer determines that there is a reasonable basis for concluding that such a plan is what?
appropriate and the employer takes "reasonable" affirmative action
Height and weight requirements are not allowed to have an effect of screening out applicants on the basis race, national origin, or sex. Maximum size standards can be permissible if someone has to fit in a tight space but minimum standards ______________
are hard to justify.
Equal pay does not just include wages but also
benefits such as stock options, incentive bonuses, rations or holiday pay, reimbursement for travel and retirement benefits.
Employers can discriminate based on RELIGION, SEX, or NATIONAL ORIGIN where there are _______________________ reasonably necessary to normal business operations.
bona fide occupational qualifications (BFOQs)
The burden of proof required by the employer in a disparate impact case when it stems from appearance, is
business necessity
Disparate impact can be beaten by a defendant if they can prove it was for ________. This defense requires that the employer prove that the practices or policies used are job related and consistent with a business necessity. However, the plaintiff can still establish a violation by showing that other policies would serve the legitimate interests of business necessity without having undesirable discriminatory effects.
business necessity defense
Discrimination lawsuits can be based on multiple causes of action, including ____________ ones
common law
The equal pay act prohibits an employer from discriminating on the basis of _____ in the payment of wages for performing substantially the same work under similar working conditions and in the same establishment.
sex
Section 1981 of the CRA of 1866 does not cover discrimination based on:
sex, religion, national origin, age, or handicap
A typical ____________ case involves a plaintiff who has been promised benefits or threatened with loss if she or he does not give sexual favors to an employment supervisor.
sexual harassment
Health Insurance Portability and Accountability Act (HIPAA) primarily prevents discrimination against individual employers of
small businesses
Under the ADEA a plaintiff cannot recover money damages against a _____________
state entity
For the equal pay act, courts have found that equal does not mean identical; it means ___________ equal
substantially
Plaintiffs seeking remedies under the the ADA must first contact who?
the EEOC
Disparate impact
the employers practices or policies had a discriminatory affect on the plaintiff. Even if it was by accident.
What are seniority systems?
they give priority to those employees who have worked longer for a particular employer or in a particular line of employment of the employer
Qualified disabled
those with a disability who, with or without reasonable accommodation can perform the essential functions of a particular job
T/F: Sexual harassment is actionable under the Title VII only if it is so severe or pervasive as to alter the conditions of the victim's employment and create an abusive working environment.
true
