Read and reflect on the assigned readings for the week. Then post what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding in each assigned textbook chapter.Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion.
Also, provide a graduate-level response to each of the following questions:
Research and describe how U.S. companies have employed the doctrine of employment-at-will during the global economic recession. Evaluate how this response compared to non-U.S. companies’ treatment of labor during the recession and how different responses to labor have impacted the U.S. and global economy. Finally, address in your written response how flexible labor policies affect the U.S.’s ability cope with a recession.
Visit the Newsroom at
www.eeoc.gov
. Review a recent press release which involves a harassment and / or discrimination claim. You should summarize the facts of the case, including the parties involved and the issues at hand. You also should note any federal laws which apply to the situation and what the outcome is / will be / should be based on the application of such laws to the case. Finally, using what you learn from the case, provide suggestions to management on how to handle a similar case in the future.
Business & Society
Ethics, Sustainability & Stakeholder
Management
10th Edition
© 2018 Cengage
1
Chapter 17
Employee
Stakeholders
and Workplace
Issues
© 2018 Cengage
2
Learning Outcomes
1. Outline the characteristics of the new social contract
between employers and employees.
2. Explain the concept of employee engagement and the
actions companies are taking to make the workplace
friendlier.
3. Explain the employee rights movement and its underlying
principles.
4. Describe what is entailed with the right not to be fired
without cause and discuss the employment-at-will
doctrine and its role in employee rights.
5. Discuss the right to due process and fair treatment.
6. Elaborate on the freedom-of-speech issue and whistleblowing.
© 2018 Cengage
3
Chapter Outline
• The New Social Contract
• Employee Engagement
• The Employee Rights Movement
• The Right Not to Be Fired Without Cause
• The Right to Due Process and Fair Treatment
• Freedom of Speech in the Workplace
• Summary
• Key Terms
© 2018 Cengage
4
Employee Stakeholders
and Workplace Issues
• The social contract between organizations
and workers continues to evolve, and is
different from contracts of the past.
• Three employee rights issues –
• Right not to be fired without good
cause
• Right to due process and fair treatment
• Right to freedom of speech in the
workplace
© 2018 Cengage
5
The New Social Contract
• The typical “baby boomer” worker has
held 11.7 jobs on average. All realize their
jobs are vulnerable. See themselves as free
agents.
• They are more mobile, less loyal, and
more diverse.
• They seek:
•
Competitive pay
•
Benefits
•
Opportunities for professional growth
© 2018 Cengage
6
The Changing Social Contract
Old Social Contract
New Social Contract
Job security
Few tenure arrangements
Life careers with one employer
Few life careers; changes common
Stable positions/job assignments
Temporary project assignments
Loyalty to employer
Loyalty to self
Paternalism
Relationships far less familial
Employee sense of entitlement
Personal responsibility for one’s
job future
Stable, rising income
Pay for value added
Job-related skill training
Employees in charge of own
education
Focus on individual
accomplishments
Focus on team building and
projects
© 2018 Cengage
7
Employee Engagement
• Supported through mentoring programs, career
development training, and annual employee
surveys.
• Companies see less turnover, less shrinkage, less
absenteeism, fewer safety incidents, and fewer
quality defects.
• Despite success, a recent Gallup poll found that
50.8% of U.S. workers said they were not engaged
with their jobs.
• Employee engagement has not seen year-afteryear improvements.
• What is the problem?
© 2018 Cengage
8
The Employee Rights Movement
• Public sector employees have
constitutional protections. We focus on
employees in the private sector, not
subject to constitutional control because
of the concept of private property.
•
Individuals and private organizations are
free to use their property as they desire.
• Although labor unions have been
successful in improving pay, benefits, and
working conditions, they have not been as
active in pursuing civil liberties.
© 2018 Cengage
9
The Meaning of Employee Rights
• We approach the topic from the
perspective of the Principle of Rights,
justifiable claims that utility cannot
override.
• We will also cover legal rights.
Sources of employee rights 1. Statutory rights
2. Collective bargaining rights
3. Enterprise rights
© 2018 Cengage
10
3 Models of Management Morality
Moral management –
• Employees are viewed as a human
resource that must be treated with dignity
and respect.
Amoral management • Employees are treated as the law requires.
Immoral management –
• Employees are viewed as factors of
production to be used, exploited,
and manipulated.
© 2018 Cengage
11
The Right Not to Be Fired
Without Cause
Good cause norm • The belief that employees should only be
discharged for good reasons.
• This belief prevails in the United States
today, though it conflicts with reality.
Employment-at-will doctrine • The reality is that the relationship between
employer and employee is voluntary and
can be terminated at any time by either
party.
• The central issue is changing views of the
employment at will doctrine.
© 2018 Cengage
12
Legal Challenges
to Employment-at-Will
Public policy exceptions•
Protects employees from being fired for
refusal to commit crimes or for exercising
legal rights.
Implied contract exception•
Protects employees who they believe have
contracts or implied contracts.
Good faith principle•
Employers may lose lawsuits to former
employees if they cannot show that
employees had opportunities to improve their
performance before termination.
© 2018 Cengage
13
Moral and Managerial Objections
to Employment-at-Will
1. Employees deserve respectful treatment.
2. Employees do not have the option of
being arbitrary or capricious with
employers. Employers should bear the
same responsibility.
3. Employees are expected to be
trustworthy, loyal and respectful with
employers. Employers should show
employees the same consideration.
© 2018 Cengage
14
Dismissing an Employee With Care
1. Fire employees in a private space.
2. Be mindful of employees’ logistics.
3. Preserve the employee’s dignity.
4. Choreograph the notification in
advance.
5. Use transparent criteria for layoffs.
© 2018 Cengage
15
What NOT to do
When Terminating an Employee
1. Don’t fire on a Friday.
2. Don’t say that downsizing is finished.
3. Don’t terminate an employee via email.
4. Stick to the topic and avoid
platitudes.
5. Don’t rush through the meeting.
© 2018 Cengage
16
The Right to Due Process
and Fair Treatment
Due Process • The right to receive an impartial
review of one’s complaints and to be
dealt with fairly.
• The right of employees to have
decisions that adversely affect them
be reviewed by objective and
impartial third parties.
© 2018 Cengage
17
The Requirements of a
Due Process System
1.
It must be a procedure; it must follow rules; it
must not be arbitrary.
2.
It must be visible and well-known so that
potential violators and victims are aware of it.
3.
It must be predictably effective.
4.
It must be institutionalized – a relatively
permanent fixture in the organization.
5.
It must be perceived as equitable.
6.
It must be easy to use.
7.
It must apply to all employees.
© 2018 Cengage
18
Alternative Dispute Resolution
(ADR)
© 2018 Cengage
19
Concerns with the Open-Door Policy •
The process is closed.
•
One person is reviewing what happened.
•
There is a tendency for one manager to
support another manager’s decision.
•
A hearing procedure helps open up the
process because employees can elect
representation.
© 2018 Cengage
20
The Ombudsman
•
An ombudsman is neutral and promises
confidentiality.
•
An ombudsman can handle employee
concerns in a way that keeps the problem
from getting out of hand.
•
The procedure has been used in Sweden
since 1809 to curb abuses by government
against individuals.
© 2018 Cengage
21
Factors for a Successful
Peer Review Panel
1.
Be sure that people involved in the process
are respected members of the organization.
2.
Committee members should be elected
rather than appointed.
3.
They must receive training in dispute
resolution, discrimination, fairness,
legalities, and ethics for everyone involved.
4.
Representatives of both employees and
management should be involved in decision
making.
© 2018 Cengage
22
The Future of ADR
• The use of ADR is growing because of
time and cost savings over litigation.
• But some employers require new hires
to sign contracts waiving their right to
sue their employer in favor of
mandatory arbitration.
Arbitration •
A neutral party resolves a dispute between
two or more parties and the resolution is
binding.
Mandatory arbitration
•
The parties must agree to arbitration prior to
any dispute occurring, and be bound.
© 2018 Cengage
23
Freedom of Speech in the Workplace
• While the U.S. Constitution protects an
individual’s speech from government
interference, this does not apply to an
employer, and some forbid conflicting
political views.
Whistle-Blower • An organization member who discloses
illegal, immoral, or illegitimate practices
under the control of their employers, to
persons or organizations that may be able
to effect action.
© 2018 Cengage
24
Whistle-Blowing
Key Elements in the Process 1.
The whistle-blower
2.
The act oar complaint
3.
The party to whom the complaint is
made
4.
The organization against which the
complaint is made
© 2018 Cengage
25
Two Views of Employee Responsibility in a
Whistle-Blowing Situation
© 2018 Cengage
26
A Checklist to Follow
Before Blowing the Whistle
1. Is there any alternative to blowing the whistle?
2. Does the proposed disclosure advance public
interest rather than personal or political gain?
3. Have you thought about the outcomes of blowing
the whistle for yourself and your family?
4. Have you identified the sources of support, both
inside and outside the organization, on which you
can rely during the process?
5. Do you have enough evidence to support your
claim?
6. Have you identified and copied all supporting
records before drawing suspicion to your
concerns?
© 2018 Cengage
27
Consequences of Whistle-Blowing
4800 employees reported retaliation 64% – exclusion from decisions & work
activities
62% – cold shoulder from coworkers
62% – verbal abuse from management
56% – almost lost job
55% – not given promotion or raise
51% – verbal abuse from coworkers
46% – cut in hours or pay
44% – relocated or reassigned
© 2018 Cengage
28
Government Protections
for Whistle-Blowers
• 1978 Civil Service Reform Act
• 1989 Whistleblower Protection Act
• Sarbanes-Oxley whistle-blower protections
• Michigan Whistle-Blowers Protection Act
of 1981
• Defend Trade Secrets Act
• FBI Whistleblower Protection
Enhancement Act
• False Claims Act
© 2018 Cengage
29
Management Responsiveness
to Whistle-Blowing
Whistle-blowing occurs after normal, less
dramatic channels of communication have failed.
To encourage open communications 1. Managers must be clear that they invite and
accept suggestions.
2. Managers must refute assumptions and
organizational myths that discourage
communication.
3. Managers should tailor rewards so that
employees share more directly in cost savings
or sales increases from ideas they offer.
© 2018 Cengage
30
Key Terms (1 of 2)
• 1099 economy
• 1978 Civil Service
Reform Act
• Alternative Dispute
Resolution (ADR)
• collective bargaining
• Defend trade secrets
act
• due process
• Employee engagement
• employee Rights
• employment-at-will
doctrine
• enterprise rights
© 2018 Cengage
• False Claims Act
• FBI Whistleblower
Protection
Enhancement
• Fissuring
• Gig economy
• good cause norm
• good faith principle
• hearing procedure
• implied contract
exception
• mandatory arbitration
31
Key Terms (2 of 2)
• Michigan WhistleBlowers Protection
Act of 1981
• Millennial generation
• National Labor
Relations Act
• ombudsman
• open-door policy
• peer review panel
© 2018 Cengage
• private property
• public policy
exception
• social contract
• statutory rights
• whistle-blower
• Whistle-Blower
protection act
32
Business & Society
Ethics, Sustainability & Stakeholder
Management
10th Edition
© 2018 Cengage
1
Chapter 18
Employee
Stakeholders:
Privacy, Safety,
and Health
© 2018 Cengage
2
Learning Outcomes
1. Articulate the concerns surrounding the employee’s
right to privacy in the workplace.
2. Understand the issues surrounding workplace
monitoring, including concerns with technology and
the effects of being monitored.
3. Elaborate on the right to safety and health in the
workplace, with particular reference to violence in the
workplace, smoke-free workplaces, and familyfriendly workplaces.
© 2018 Cengage
3
Chapter Outline
• Privacy in the Workplace
• Workplace Safety
• Health in the Workplace
• Summary
• Key Terms
© 2018 Cengage
4
Employee Stakeholders:
Privacy, Safety, and Health
• The global recession has shifted the
balance of power from employees to
employers.
• Employees are more willing to accept
things they don’t like for fear of losing
their jobs.
• An employee’s right to privacy varies from
state to state.
• An employee’s concerns about safety and
health on the job now includes workplace
violence.
© 2018 Cengage
5
Privacy in the Workplace
• Four major workplace privacy issues • Collection and use of employee
information in personnel files
• Integrity testing
• Drug testing
• Monitoring of employee work,
behavior, conversations, and location
by electronic means.
© 2018 Cengage
6
Collection & Use of Employee
Information by Employers
•
Background checks of applicants and current
employees have become a source of concern
for privacy advocates. Only the state of
California limits their use significantly.
•
The Fair Credit Reporting Act (FCRA) applies
to employer use of employee consumer
reports, including credit reports, criminal
background checks, and other information.
•
The EEOC monitors employer use of
background checks when discrimination
occurs.
© 2018 Cengage
7
Integrity Tests
• The Employee Polygraph Protection Act
(EPPA) of 1988 Banned most private-sector
use of the lie detector.
•
Lie detectors may still be used by employers
that provide security services, protection of
nuclear facilities, shipment of toxic waste, and
the like.
• Many companies use question and answer
integrity tests (honesty tests).
• Personality tests measure maturity,
extroversion, emotional stability, and the
like.
© 2018 Cengage
8
Drug Testing (1 of 2)
• Drug testing is an umbrella term including
drug and alcohol testing, and substance
abuse.
Arguments for drug testing – drug use causes •
accidents and injuries
•
theft
•
a propensity to make poor decisions
•
deaths, injuries, ruined lives
• Employers have an ethical responsibility to
employees and public to provide a safe
workplace, secure asset protection, and a
safe place to transact business.
© 2018 Cengage
9
Drug Testing (2 of 2)
Arguments against drug testing –
• Violates due process rights
• Invades privacy rights
• False positives from common foods and
medicines
• Cause reputational damage, lost income,
and considerable expense to rebut
allegations
© 2018 Cengage
10
Guidelines for Drug Testing
1.
2.
3.
4.
5.
6.
7.
8.
9.
Written policies, applied impartially.
Clear reasons for drug testing should be documented.
Notify employees and applicants of drug testing, the right
to refuse, and the consequences of refusal.
If random testing, tell employees of the safety and security
needs that justify testing.
All testing should be done uniformly and impartially.
Collection, transportation and analysis of specimens should
meet legal, technical, and ethical requirements.
Qualified review of positive results prior to employer
notification.
Employee or applicant should be informed and given the
chance to explain before the employer is notified.
The report to employer should contain only the information
needed for work placement purposes or as required for
government regulations.
© 2018 Cengage
11
Workplace Monitoring
• Employee monitoring occurs at the
majority of mid- to large-sized firms.
Technology changed the pervasiveness and
nature of monitoring • Videotaping
• Recording phone calls and voice mail
• Reading computer files
• Monitoring emails and web access
• GPS
© 2018 Cengage
12
What Can Be Monitored?
• The Electronic Communication Privacy Act
of 1986 is the only privacy protection
available for electronic monitoring.
Effects of Being Monitored –
• Invasion of privacy
• Unfair treatment
• Creates stress and tension
• Excessive pressure to be productive
• Produces low morale
• Creates a sense of job insecurity
© 2018 Cengage
13
Policy Guidelines
on the Issues of Privacy
1. Obtain informed consent before acquiring
information.
2. Disclose the nature of any surveillance.
3. Set controls to avoid unauthorized spread
of information.
4. Collect and use only job-relevant medical
and health data.
5. Require reasonable suspicion before doing
drug tests.
6. Respect and preserve the boundary
between work and home.
© 2018 Cengage
14
Workplace Safety
• The primary U.S. law governing
worker safety is the Occupational
Safety and Health Act.
• Sets safety and health standards to
protect employees and their families.
• Applies to all private employers that
engage in interstate commerce.
© 2018 Cengage
15
The Workplace Safety Problem
Two events are forerunners of workplace safety
initiatives 1.
The death by cyanide poisoning of an employee of
Film Recovery Systems.
2.
The poisonous gas leak at the Union Carbide Plant in
Bhopal, India.
Workplace safety today:
Right-to-know laws •
Many states have passed laws imposing a duty on
employers to provide employees with information on
the hazards of workplace chemicals and to make sure
that workers understand what the information means
in practical terms.
© 2018 Cengage
16
Workplace Safety Today
7 common causes of workplace accidents
1. Shortcuts
2. Overconfidence
3. Poor or Lack of Housekeeping
4. Starting a Task Before Getting Necessary Information
5. Neglecting Safety Procedures
6. Mental Distractions
7. Lack of Preparation
Right-to-know laws • Many states have passed laws imposing a duty on
employers to provide employees with information on
the hazards of workplace chemicals and to make sure
that workers understand what the information means
in practical terms.
© 2018 Cengage
17
OSHA’s
Hazard Communication Standards
1. Update inventories of hazardous chemicals in
the workplace.
2. Assemble material safety data sheets.
3. Ensure that hazardous chemicals are properly
labeled.
4. Train workers on the use of hazardous
chemicals.
5. Prepare and maintain a written description of
the hazard communication program.
6. Consider any problems with trade secrets from
the
disclosure requirements.
7. Review state requirements for hazard
disclosure.
© 2018 Cengage
18
Workplace Violence • One of the four leading causes of death in
the workplace.
• The leading cause of death for women.
• Despite this, nearly 70% of firms do not
have a program to address workplace
violence.
• Contributing factors:
• Greater tolerance for violence
• Easily available weapons
• Economic stress
• Difficult job market
• Insufficient support systems
© 2018 Cengage
19
Who is Affected?
Workers are most at risk who:
• exchange money with the public.
• deliver passengers, goods, or services.
• work alone or in small groups.
• work late at night or early morning.
• work in community settings with extensive
public contact.
• work in high-crime areas.
© 2018 Cengage
20
Prevention
•
OSHA’s “general duty clause” mandates that
employers provide safe workplaces– is not
specific to violent acts.
Employers are held liable for an unsafe act
when 1. The employer neglected to keep the
workplace free from a hazard.
2. The hazard was one that is generally
recognized by the employer or the industry.
3. The hazard was already causing or likely to
cause serious harm.
4. Elimination or removal of the hazard was
feasible.
© 2018 Cengage
21
Health in the Workplace
• To control health care costs, firms have
taken drastic steps, including banning
smoking.
Smoking in the workplace • Growing anti-smoking sentiment in the
U.S. and globally
•
Passive smoke kills thousands in the U.S.
each year
• The Environmental Protection Agency
(EPA) classifies secondhand smoke as a
known carcinogen.
© 2018 Cengage
22
The Family-Friendly Workplace
Work-Life balance –
• A state of equilibrium where the
demands of a person’s personal and
professional life are equal.
• A desirable state for most workers, but
difficult in recessionary economic times.
Popular Family-friendly benefits 1. Dependent care flexible spending
accounts
2. Bring a child to work in an emergency
3. On-site mother’s room
4. Child-care referral service
5. Domestic partner benefits
© 2018 Cengage
23
Family and Medical Leave Act
Family and Medical Leave Act (FMLA) • Designed to make life easier for
employees with family or health
problems.
FMLA employee rights • 12 weeks of unpaid leave in 12-month
period
• Reinstatement in old or equivalent jobs
• Health benefits during leave periods
• Protection from retaliation
© 2018 Cengage
24
Key Terms (1 of 2)
• Americans with
Disabilities Act
(ADA)
• Background checks
• Ban-the-box
• Broad brush EAP
• Chief privacy officer
(CPO)
• Consumer reports
• Drug testing
• Electronic
Communication
Privacy Act of 1986
(ECPA)
© 2018 Cengage
• Employee
Assistance
Programs (EAPs)
• Employee
monitoring
• Employee
Polygraph
Protection Act
(EPPA)
• Fair Credit
Reporting Act
(FCRA)
• Family and Medical
Leave Act (FMLA)
25
Key Terms (2 of 2)
• Family-friendly
• Right-to-know laws
• Integrity tests
• Smoking in the
workplace
• Occupational Safety
and Healthy
Administration
(OSHA)
• Personality tests
• Polygraph
• Privacy Act of 1974
• Type 1 error
• Type 2 error
• USA Patriot Act
• Work / life balance
• Workplace violence
• Privacy in the
workplace
© 2018 Cengage
26
Business & Society
Ethics, Sustainability & Stakeholder
Management
10th Edition
© 2018 Cengage
1
Chapter 19
Employment
Diversity and
Discrimination
© 2018 Cengage
2
Learning Outcomes
1. Discuss the concept of diversity management in the
workforce and the evolution of its current paradigm.
2. Chronicle the U.S. civil rights movement and minority
progress in the past 50 years.
3. Outline the essentials of the federal discrimination laws.
4. Define and provide examples of the expanded meanings of
employment discrimination, including disparate treatment
and disparate impact, and issues in employment
discrimination relating to race, color, nation origin, sex, age,
religion, sexual orientation, and disability.
5. Discuss the concept of affirmative action and current issues
related to diversity management.
© 2018 Cengage
3
Chapter Outline
• Diversity in the Workforce
• The Civil Rights Movement
• Federal Laws Prohibiting Discrimination
• Expanded Meanings of Employment Discrimination
• Issues in Employment Discrimination
• Affirmative Action in the Workplace
• Summary
• Key Terms
© 2018 Cengage
4
Employment Diversity and
Discrimination
Federal Protection •
People are protected from discrimination
based on race, color, religion, national origin,
sex, age, or disability.
Several States & the District of Columbia –
•
People are protected from discrimination based
on sexual orientation and gender identity.
These “Protected” groups •
Are protected by law, though it is often not
enough. Discrimination is difficult to identify
and prove.
© 2018 Cengage
5
Diversity in the Workforce
Workplace diversity – the variety of difference
between people in an organization.
Diversity management – assembling and then
retaining workers from different backgrounds and
experiences that together create a more innovative
and productive workforce.
Paradigm shifts
1. Discrimination-and-fairness
2. Access-and-legitimacy
3. integration-and-learning
Diversity fatigue – companies fail to rethink
management style and are simply “box-ticking”
© 2018 Cengage
6
The Civil Rights Movement
•
•
•
•
•
•
•
1955 – Rosa Parks, a black woman, refused to
give up her bus seat to a white man, and was
arrested.
Protests and boycotts over unequal treatment
grew and continued, and were met with
violence against the protestors.
1964 – The Civil Rights Act became law.
The 1970s – The Women’s Movement
The 1980s – Gains for women and blacks
The 1990s – Some progress, but problems
remained
The 21st century – New challenges and old
problems
© 2018 Cengage
7
Federal Laws Prohibiting Discrimination
Title VII of the Civil Rights Act of 1964: Prohibits discrimination in hiring and
other aspects of employment on the basis of race, color, religion, sex, or
national origin.
Age Discrimination in Employment Act of 1967: Protects workers 40 years
old and older from arbitrary age discrimination.
Equal Pay Act of 1963: Prohibits sex discrimination in payment of wages to
women and men who perform substantially equal work.
Rehabilitation Act of 1973, Section 503: Prohibits job discrimination on the
basis of disability.
Americans with Disabilities Act of 1990: Amended in 2008, prohibits
discrimination based on physical or mental disabilities in private places of
employment and public accommodation. Transportation and communication
systems required to facilitate access to the disabled.
Civil Rights Act of 1991: Provided increased financial damages and jury trials
in cases of intentional discrimination.
© 2018 Cengage
8
Title VII of the Civil Rights Act of 1964
Prohibits discrimination in all aspects of
employment based on:
• Race
• Color
• Religion
• Sex
• National origin
• Pregnancy
• Retaliation
© 2018 Cengage
9
Age Discrimination in Employment Act
• The ADEA protects workers 40 years old
and older from discrimination in:
•
•
•
•
•
•
Hiring
Discharge
Pay
Promotions
Fringe benefits
Other aspects of employment
• Does not apply where age is a bona fide
occupational qualification (BFOQ)
•
When a younger age is necessary and related
to the position.
© 2018 Cengage
10
Equal Pay Act of 1963
• Prohibits sex discrimination in payment of
wages to women and men who perform
substantially equal work in the same
establishment.
• Ledbetter v. Goodyear Tire & Rubber Co.,
2007, heard by the Supreme Court.
•
•
Lily Ledbetter was paid less than males for
equal work, but did not discover it for several
years; the Supreme Court ruled she should
have filed suit within 180 days, the first
payment date.
In 2009, the Lily Ledbetter Fair Pay Act
changed the law, so that suit may be brought
each time there is discrimination.
© 2018 Cengage
11
Rehabilitation Act of 1973, § 503
• Prohibits job discrimination on the basis of a
disability.
• Applies to employers who contract with the
federal government.
• Also requires these employers to engage in
affirmative action to employ the disabled.
• A related act, the Vietnam Era Veterans
Readjustment Assistance Act of 1974, also
prohibits discrimination on the basis of
disability, and requires affirmative action.
• The Rehabilitation Act of 1973 was the model
for the Americans With Disabilities Act of 1990.
© 2018 Cengage
12
Americans with Disabilities Act (ADA)
•
Prohibits discrimination based on physical or mental
disabilities in private places of employment and in
public accommodations; requires employers to
make reasonable accommodations for such
employees.
An individual is disabled under the Act if the
person•
•
•
Has a physical or mental impairment that limits one
or more major life activities.
Has a record of such an impairment.
Or, is regarded as having such an impairment.
Reasonable accommodations may include•
•
•
Making facilities accessible
Job restructuring, work schedule modification,
Acquiring or modifying equipment or devices;
providing training materials, readers, or interpreters
© 2018 Cengage
13
ADA Continued
Pregnancy Discrimination – Pregnancy Discrimination
Act of 1978, employers must treat pregnancy and
pregnancy-related medical conditions the same way as any
other medical disability with respect to all terms and
conditions of employment.
Fetal Protection Policies – Supreme Court ruled these
constituted sex discrimination. Firms barred women of
childbearing age from working in sites in which they, or
fetuses, might be exposed to harm.
Genetic Information Nondiscrimination Act – First
preemptive civil rights law in U.S. History. Designed to
prevent genetics-based discrimination before it occurs.
© 2018 Cengage
14
The Civil Rights Act of 1991
• Provided increased financial damages
and jury trials in cases of intentional
discrimination based on race, religion,
sex, disability and national origin.
• Under the original Act, monetary awards
were limited to back pay, lost benefits
and attorneys fees and costs.
• The 1991 Act permitted both
compensatory and punitive damages.
• In addition, the Act shifted the burden of
proof back to the employer.
© 2018 Cengage
15
The Equal Employment
Opportunity Commission • Is the major federal body created to
administer and enforce U.S. job bias laws.
• Investigates employment discrimination
complaints.
• Makes equal employment opportunity
policy
• Enforces anti-discrimination laws through
conciliation or federal lawsuits against
employers.
© 2018 Cengage
16
Expanded Meanings
of Employment Discrimination
Disparate (unequal) treatment •
Intentionally using race, color, religion, sex, or national
origin as a basis for treating people differently.
Disparate (adverse) impact •
An employer’s practice results in fewer minorities
being included in the outcome of testing, hiring, or
promotion practices than would be expected by
numerical proportion.
Four-fifths rule •
If a member of a minority group does not have a
success rate at least 80 percent that of the majority
group, the practice may be considered to have an
adverse impact.
© 2018 Cengage
17
Two Kinds of Employment Discrimination
Disparate Treatment
Disparate Impact
Primary discrimination
Secondary discrimination
Different treatment
Different results
Intentional discrimination
Unintentional discrimination
Biased actions
Neutral actions, biased impact
Different standards for different groups
Different consequences for different
groups
© 2018 Cengage
18
Issues in
Employment Discrimination (1 of 4)
• Inequality persists despite diversity
efforts.
• May not be caused by discrimination
• Discrimination is different depending on
race and ethnicity.
• Our increasingly diverse society makes
some people hard to categorize.
•
For example, there are many groups that
make up Hispanics, though they have
different ancestry.
• Color bias is not the same as racial bias,
though they overlap.
© 2018 Cengage
19
Issues in
Employment Discrimination (2 of 4)
• Gender issues are different from those
involving race, color and national origin.
Major issues for women include:
•
•
•
•
Getting out of traditional “women’s” jobs,
and into professional and managerial
positions
Achieving pay commensurate with that of
men
Eliminating sexual harassment
Being able to take maternity leave without
losing their jobs.
© 2018 Cengage
20
Issues in
Employment Discrimination (3 of 4)
Women in Professional/Managerial Positions –
• In 2015, only 4% of Fortune 500 firms were headed by
women. 359 open CEO slots in 2015, women filled 10.
Lean In suggests women sabotage themselves.
Equal Pay and Promotion –
• Equal pay and the gender pay gap is a hot-button issues
for gender discrimination. Women are presented with
fewer opportunities, excluded from networking, and
are passed over in favor of male colleagues to answer
questions.
Sexual Harassment –
• Unwelcome sexual advances, requests for sexual favors,
other verbal or physical conduct of a sexual nature.
Worldwide problem with negative consequences that
are pervasive and ongoing.
© 2018 Cengage
21
Issues in
Employment Discrimination (4 of 4)
•
Other Forms of Employment Discrimination:
• Religious discrimination •
•
Retaliation •
•
Growing quickly, complaints more than doubled
in the past 15 years.
One who complains of discrimination against
another and is retaliated against, may bring a
complaint.
Sexual Orientation and Gender Identity
Discrimination •
Corporations have been faster than
governments in instituting protections for
lesbian, gay, bisexual and transgender (LGBT)
employees.
© 2018 Cengage
22
Other Forms of
Employment Discrimination
© 2018 Cengage
23
Affirmative Action
in the Workplace
•
•
•
Affirmative action is taking positive steps
to hire and promote people from groups
that have been affected by a legacy of
discrimination.
Presidential Executive Order 11246
required federal contractors to employ
affirmative action.
Controversy has led to claims of “reverse
discrimination.” Affirmative Action
rephrased as preferential treatment to
minorities.
© 2018 Cengage
24
The Future of Diversity Management
•
Buying power of minority groups is
increasing rapidly.
•
Growing business interest in diversity
programs and affirmative action.
•
•
Bottom-line considerations
Diversity practices remain potentially
controversial.
© 2018 Cengage
25
Key Terms (1 of 2)
• Access-and-legitimacy
• Affirmative action
• Age Discrimination in
Employment Act
(ADEA)
• Americans with
Disabilities Act (ADA)
• Bona fide
occupational
qualification (BFOQ)
• Civil Rights Act of
1991
• Color bias
• Compensatory justice
• Discrimination-andfairness
© 2018 Cengage
•
•
•
•
•
•
•
•
•
•
•
Disparate impact
Disparate treatment
Diversity fatigue
Diversity
management
Equal Employment
Opportunity
Commission (EEOC)
Equal Pay Act of
1963
Essential functions
Ethical blindness
Fetal protection
policies
Four-fifths rule
Gender identity
26
Key Terms (2 of 2)
• Genetic Information
Nondiscrimination
Act
• Homosocial
reproduction
• Hostile work
environment
• Integration-andlearning
• Lilly Ledbetter Fair
Pay Act of 2009
• Major life activities
• Pregnancy
Discrimination Act of
1978
© 2018 Cengage
• Protected groups
• Quid pro quo
• Reasonable
accommodation
• retaliation
• Reverse
discrimination
• Sexual harassment
• Sexual orientation
• Title VII of the Civil
Rights Act of 1964
• Undue hardship
27
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