Diversity In the Workplace Exam 1
Reasonable Accommodation
A modification or adjustment to a job or work environment that enables a qualified individual with a disability to have an equal employment opportunity
Forms of Discrimination
Adverse impact: The rejection of a significantly higher percentage of a protected class for employment, placement, or promotion when compared with a nonprotected class. Possibly the unintentional result of an innocent act, yet the outcome is still discriminatory. Restricted Policy: An employer's intentional unequal treatment or evaluation by different standards of protected-class members.
What is the definition of Diversity Management?
An organizational commitment and systemic approach that moves beyond compliance with legal requirements and statements that simply express that the organizations claim to value diversity.
What other components / factors could you take into account to consider whether an organization is managing Diversity effectively?
Clear Organizational Communication Long term Retention Strategies Inclusive Recruitment Practices Authentic Leadership Commitment
IBM used
Constructive Disruption Had a long practice of being blind to differences and gathering demographic information only to ensure that hiring and promotion decision didn't favor any particular group. Kicked off and created 8 task force committees, each focused on a different group, such as Asians, Gays, Women..etc. Goal was to uncover and understand differences between the groups and find ways to appeal to a broader set of employees and customers. Remember this was 1995...
Link Diversity goals to business goals
Its not a philanthropic endeavor, its good business IBM changed paradigms using these task forces
Quid Pro Quo Harassment
Occurs when "submission to or rejection of sexual conduct is used as a basis for employment decisions." Involves a tangible or economic consequence, such as a demotion or loss of pay.
Sexual Harassment - Hostile Environment
Occurs when unwelcome sexual conduct "has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment." Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute sexual harassment when an employee finds them offensive. Courts use a "reasonable person" test for hostile environment.
Understanding the business case for diversity
Those who argue for the business case will state that organizations will realize Cost savings Winning the competition for talent Driving business growth
Major EEO Laws
Title VII of the Civil Rights Act of 1964, CRA 1991 Age Discrimination in Employment (ADEA) 1967 Americans with Disabilities Act (ADA) of 1990 Family and Medical leave Act of 1993 (NEED TO KNOW COMPONENTS) JOB PROTECTION, FEDERAL LAW 12 WEEKS OFF
Title VII of the Civil Rights Act of 1964, amended by CRA 1991
Title VII prohibits employment discrimination in hiring, compensation, and terms, conditions, or privileges of employment based on Race, Color, Religion, Sex or National Origin
What is sexual Harassment?
Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment An employer is considered guilty of sexual harassment when: The employer knew or should have known about the unlawful conduct and failed to remedy it or to take corrective action. The employer allows nonemployees (customers or salespeople) to sexually harass employees.
How do you know whether adverse impact has occurred?
A practice has adverse impact if the hiring rate of a protected class is less than 80% of the hiring rate of a majority group.
I would like to hire and use the diversity talent i have to give us an opportunity to seek and win over new customers in different countries
Access and Legitimacy
Cultural Interventions
Basic assumptions, values, beliefs, and ideologies that define an organization' s view of itself and environment Examples: leadership commitment, effective communication, clarity about how diversity fits in strategy, diversity training, external relationships, etc
Clear organizational communication
CEO Diversity statement Definition of Diversity General diversity statement Statement of diversity strategy Web site communications
Long Term Retention Strategies
Diversity training Mentoring program Work/life balance Domestic partner benefits
Assumptions of Superiority
I am better than you My country is better than yours
Generation X
Individualistic Technologically adept Flexible Value work/life balance
Authentic Leadership Commitment
Moral and financial commitment CEO personal involvement Diverse board of directors Diversity council Executive Diversity positions
Assumptions of Correctness
My way is the right way This is the way it should be
I refuse to even follow the law. If I want to hire only men I will
Resistance Paradigm
Behavioral Interventions
Seeks changes in behavior, attitudes, and perceptions within and between individuals and work groups that support or hinder the goals of diversity. Examples: Comprehensive Diversity training, creation of employee resource groups and mentoring programs.
Equal Employment Opportunity (EEO)
The treatment of individuals in all aspects of employment - hiring, promotion, training, etc. in a fair and non biased manner Historical perspective of EEO legislation - Changing national values, economic disparity, and political unrest.
How does diversity demographics impact the workplace?
The way we work The things we value How HR attracts and retains talent
Engage employees as partners
They always promoted equal opportunity The use of task forces was a major cultural shift IBM didn't really encourage employees to organize previously The partnerships between the groups and management worked because of three elements: Mutual Expectations, mutual influence and trust
The Integration and Learning Paradigm (look in book)
This paradigm reflects characteristics of both the discrimination and fairness paradigm and the access and legitimacy paradigm but goes beyond them by embracing the business case for diversity
Supreme Court finds bias against white firefighters
WASHINGTON — The Supreme Court ruled on Monday that white firefighters in New Haven were subjected to race discrimination when the city threw out a promotional examination on which they had done well and black firefighters poorly "Fear of litigation alone," Justice Kennedy wrote, "cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions."
Assumptions of Universality
We're all the same Everybody is like me
Inclusive Recruitment Practices
Web highlights diversity Diverse recruiters Diverse interview panels Public statement on diversity recruiting
Baby boomers
Work centric Independent Goal oriented Competitive
What makes an exemplary leader in managing diversity?
Authentic Leadership Commitment Constructive Disruption Pillars of change Demonstrate leadership support Engage employees as partners Link diversity goals to business goals Integrate diversity with management practices
The Discrimination and Fairness Paradigm (look in book)
Based on accommodating the legal responsibilities of diversity, specifically in terms of federal mandates.
The Access and Legitimacy Paradigm (Look in book)
Based on bottom line reasons for incorporating diversity; hiring specific diverse employees to market to their specific markets is a competitive business advantage.
Exemptions From Anti-discrimination Regulations
Bona Fide Occupational Qualification (BFOQ): Suitable defense against a discrimination charge only where age, religion, sex, or national origin is an actual qualification for performing the job. Business Necessity: Work-related practice that is necessary to the safe and efficient operation of an organization.
Is it Sexual Harassment
Key Factors Considered by the Courts * Nature and severity of conduct * Frequency of conduct * Impact on victim ("reasonable person" standard) * Target of conduct (e.g., were comments directed at the person, or did he/she overhear it?) * Other relevant factors (e.g., has the conduct been reported on prior occasions?)
Assessing the Business case for diversity
Productivity Measuring the results Diverse employees and diverse markets Diversity training and added value Support of diversity initiatives by diverse employees
Generation Y
Tech Savvy Family Centric Achievement Oriented Team oriented Attention craving
The Americans with Disabilities act does not support
The ADA does not cover: Homosexuality or bisexuality Gender-identity disorders not resulting from physical impairment or other sexual-behavior disorders Compulsive gambling, kleptomania, or pyromania Psychoactive substance-use disorders resulting from current illegal use of drugs Current illegal use of drugs Infectious or communicable diseases of public health significance (applied to food-handling jobs only and excluding AIDS)
The Resistance Paradigm (Look in book )
based of the rejection and evasion of diversity and diversity initiatives . meeting the bare minimum.
IBM used
Demonstrate Leadership Support Executives espoused beliefs are frequently at odds with their behavior Diversity goals/ strategies usually don't lay out specific behaviors or educate executives and managers on what they need to do differently IBM threw them right in, but with support . They lead the committees, partnering with the chief diversity officer, who provides counsel
Structural Interventions
Focus on formal systems that guide and control the work : retention practices, recruitment practices, integration of women , minorities into executive positions. Examples include inclusive recruitment strategies, metrics, retention strategies, etc
Diversity Management Metrics
Hubbard's Diversity ROI analysis Model: Develop Initial Analysis and Planning Collect and Analyze Data Isolate Diversity's Contribution Convert the contribution to Money Calculate Costs and Benefits Report Data Track
Model of Diversity - Marilyn Loden
Inner circle - Is what we cannot control. Outer Circle - What we can control
Diversity Model - Anita Rowe and Lee Gardenswartz
Internal Dimensions - Age, Gender, Sexual Orientation, Physcial Ability, Ethnicity, External Dimensions - Income, Personal Habits, Religionm Apperiance, Organizational Dimensions - Manametment status, Work Location, seniority,
Americans with Disabilities Act (1990)
The law forbidding employment discrimination against people with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation.
If you were asked how your firm could be managing diversity more effectively what would you tell them to look for? ( what framework might you use?)
Programs Diversity Counsels Are they holding events for diversity and inclusion Recruiting system
Three levels of organizational change
Structural Interventions Cultural Interventions Behavioral interventions
What is a disability
The Americans With Disabilities Act (ADA) defines a disability as: A physical or mental impairment that substantially limits one or more of the major life activities. A record of such impairment. Being regarded as having such an impairment.
New Haven CT firefighter discrimination lawsuit
Was this group a protected class? Was this disparate or adverse impact? Why What is their claim?
Initial Charge to the Task Committees
What is necessary for your constituency to feel welcome and valued at IBM What can the corporation do in partnership with our group, to maximize your constituency's productivity? What can the corporation do to influence your constituent 's buying decisions, so IBM is seen as a preferred solution provider? Which external organizations should IBM form relationships with to better understand the needs of your constituency?