978-0078029165 Appendix A Part 2

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Appendix A-21

| Appendix A – Critical Thinking Applications

ANSWER: Managers and supervisors who learn about objectionable workplace conduct based

on religion or national origin are responsible for taking steps to correct the conduct by anyone

under their control. Muhammad’s manager should relay Muhammad’s complaint to the

Scenario 2: Three of the 10 Muslim employees in XYZ’s 30-person template design division

approach their supervisor and ask that they be allowed to use a conference room in an

adjacent building for prayer. Until making the request, those employees prayed at their

workstations. What should XYZ do?

ANSWER: XYZ should work closely with the employees to find an appropriate accommodation

that meets their religious needs without causing any undue hardship for XYZ. Whether a

reasonable accommodation would impose undue hardship and therefore not be required

depends on the particulars of the business and the requested accommodation.

In evaluating undue hardship, XYZ should consider only whether it can accommodate the three

employees who made the request. If XYZ can accommodate three employees, it should do so.

Because individual religious practices vary among members of the same religion, XYZ should not

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

Like employees of other religions, Muslim employees may need accommodations such as time

off for religious holidays or exceptions to dress and grooming codes.

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Scenario 3: Susan is an experienced clerical worker who wears a hijab (head scarf) in

conformance with her Muslim beliefs. XYZ Temps places Susan in a longterm assignment with

one of its clients. The client contacts XYZ and requests that it notify Susan that she must

remove her hijab while working at the front desk, or that XYZ assign another person to

Susan’s position. According to the client, Susan’s religious attire violates its dress code and

presents the “wrong image.” Should XYZ comply with its client’s request?

ANSWER: XYZ Temps may not comply with this client request without violating Title VII. The

client would also violate Title VII if it made Susan remove her hijab or changed her duties to

Scenario 4: Anwar, who was born in Egypt, applies for a position as a security guard with XYZ

Corp., which contracts to provide security services at government office building. Can XYZ

require Muhammad to undergo a background investigation before he is hired?

ANSWER: XYZ may require Anwar to undergo the same pre-employment security checks that

apply to other applicants for the same position. As with its other employment practices, XYZ

WHERE TO GO FOR GUIDANCE

The EEOC is available to provide employers with useful information on how to address

workplace problems relating to discrimination based on religion, national origin, race or color.

They conduct various types of training, and can help with a format that is right for the

employer.

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Relevant Material from the EEOC Website

QUESTIONS AND ANSWERS ABOUT THE WORKPLACE RIGHTS OF MUSLIMS, ARABS, SOUTH

ASIANS, AND SIKHS UNDER THE EQUAL EMPLOYMENT OPPORTUNITY LAWS

The scenarios described below are based on charges EEOC has received over the past few

months. The following questions and answers are meant to provide guidance on what

constitutes illegal discrimination and positive steps you can take to exercise your rights in the

workplace.

INTRODUCTION

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion,

ethnicity, country of origin, race and color. Such discrimination is prohibited in any aspect of

employment, including recruitment, hiring, promotion, benefits, training, job duties, and

HIRING AND DISCHARGE

I am a South Asian woman from Bangladesh. I applied for a job at a bakery and had a phone

interview with the manager. She seemed to like me a lot and she offered me the job over the

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An employer may not refuse to hire someone because of his or her religion, national origin,

race or color. However, it is often difficult to find out exactly why a person was not hired for a

job. In your situation, it appears that you were sent home because the employer had a

HARASSMENT

I am an Arab American man and have been a salesman at a large car retailer for five years.

After September 11, my coworkers stopped talking to me, and there has been a lot of tension.

One coworker started calling me names like “camel jockey” and “the local terrorist.” I used to

have a good relationship with my coworkers and enjoyed my job, but now I dread coming to

work each day. What can I do about my situation?

Racial and/or ethnic epithets and general workplace hostility can amount to unlawful

harassment. While many employees feel powerless in this situation, the important thing to

remember is that you have options. Even if your situation does not amount to illegal

harassment, you can still take steps to try to improve the situation by communicating with your

employer about it.

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Employers can do different things to address these types of situations. The employer may

decide to sit down with both you and your coworkers and explain why the comments are

unacceptable. Since, in your situation, there is also overall workplace tension, another option

would be training for all employees addressing harassment in the workplace. If there is no

RELIGIOUS ACCOMMODATION

I am a computer specialist at a software company downtown. As a devout Muslim, I am

required to attend prayer services at my mosque for a short period on Friday afternoons.

Obviously this conflicts with my work hours. Can I ask for the time off to attend services?

You can ask your employer for permission to attend services. When an employer’s workplace

policies interfere with its employee’s religious practices, the employee can ask for something

called a “reasonable accommodation.” A “reasonable accommodation” is a change in a

There are many situations in which the accommodation of Islamic religious practices may not

impose a monetary or administrative burden on the employer for example, allowing an

employee to utilize appropriate space for prayer. However, each situation is different. If the

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

accommodation would impose a burden on the employer that cannot be resolved, the

employer is not required to allow the accommodation. If your employer is unsure of its

obligations to provide you with religious accommodations, feel free to contact EEOC with your

questions.

I am a Sikh man and the turban that I wear is a religiously–mandated article of clothing. My

supervisor tells me that my turban makes my coworkers “uncomfortable,” and has asked me to

remove it. What should I do?

If a turban is religiously-mandated, you should ask your employer for a religious

accommodation to wear it at work. Your employer has a legal obligation to grant your request

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CHAPTER 4 – CRITICAL THINKING APPLICATIONS

Critical Thinking Application 4-A

Can PAS Defend Its Test in Court?

Based on your understanding of the law and the job analysis results, can the company use

this test to screen applicants?

Are there specific test items that are (or may be) legally problematic?

Some of the test items are legally problematic. Items 36, 37 and 46 pertain to political

What (if any) other information do you need about the job analysis, the test, or anything else

to be able to take a definitive position on whether the company should use the test?

Information about the job analysis:

• One key question that should be asked in the extent to which respondents gave varied

answers to the items (we only know that 75 % (or more) of supervisors rated each item

as “essential.” More data on the variability in these ratings as a consequence of real job

differences among security guard positions would help. In general, litigation under the

ADA has concerned the particular disabilities of a claimant and the particular

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

linkage could be made after a complaint was filed, the more documentation available

relating JA data with specific test scores the better.

• Information about the test:

o The scoring key for the test, including how each of the items is scored and how

each is weighted in the determination of suitability.

o In line with the example above, there is potential for legal difficulties if the

clinically depressed applicant was rendered unsuitable and his/her “True”

responses to “I get depressed often” and “Sometimes I am not in the mood to

see anyone” contributed to the “unsuitability” assessment.

Do you regard any of these questions as an invasion of privacy? If so, which items?

Students do not in general find any of the test questions an “invasion of their privacy.”

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Critical Thinking Application 4-B

What to Do with Job Diagnostic Survey Results

This exercise provides an opportunity for students to complete the Job Diagnostic Survey (JDS),

the most heavily researched job design instrument. The JDS is a useful instrument for job

redesign but research has also exposed some problems. The JDS is based on the Job

Characteristics Model which emphasizes enhancing the intrinsic aspects of an employee’s work

to increase satisfaction and performance. The model states that workers will be more

motivated and satistied, produce better quality work, and have less absenteeism and turnover

to the extent that they experience three psychological states. These states are (1) the belief

that their work is meaningful, (2) that they have responsibility for the outcomes of their work,

and (3) that they receive feedback on the results of their work. These states are related to five

job design characteristics (skill variety, task identity, task significance, autonomy and feedback)

that are measured on the JDS.

All five of the Job Diagnostic Survey characteristics are correlated with job satisfaction and, to a

lesser extent, job performance. Thus, high scores on a characteristic should predict higher levels

of job satisfaction and higher levels of job performance. The average correlation of the five JDS

characteristics with job satisfaction was .56 and the average correlation with job performance

was .22. Autonomy had the highest correlation with job satisfaction among the JDS

characteristics. Jobs with high motivating potential are generally high on all five job

characteristics but Autonomy and Feedback are relatively more important. There has been

criticism of the JDS and the Job Characteristics Model. A new and superior job design

instrument is the “Work Design Questionnaire” which expands knowledge of work design

(Morgeson & Humphrey, 2006).

1. Conduct research on the Job Diagnostic Survey and the Job Characteristics Model and, after

receiving information on how to interpret your score, make some predictions about the

implications of your score for important work outcomes.

All five of the Job Diagnostic Survey characteristics are correlated with job satisfaction

and, to a lesser extent, job performance.

• Thus, high scores on a characteristic should predict higher levels of job

satisfaction and higher levels of job performance.

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

• Autonomy had the highest correlation with job satisfaction among the JDS

characteristics.

• Jobs with high motivating potential are generally high on all five job

characteristics but Autonomy and Feedback are relatively more important.

1. Play the role of an HRM consultant. Explain how you would use the JDS results to

facilitate changes in the design of work. What steps would you take to insure you are

receiving accurate information?

2. If you were assigned to consider redesigning jobs within your organization, would you

use the JDS to gather data or use some other approach to job analysis? Explain your

answer.

The JDS is a useful instrument for job redesign but research has also exposed some

problems. The JDS is based on the Job Characteristics Model which emphasizes

enhancing the intrinsic aspects of an employee’s work to increase satisfaction and

Key References related to Job Design:

Hackman, J. R., and Oldham , G. R. (1980). Work redesign. Reading , MA : Addison-

Wesley.

Hackman, R. and Oldham , G.R. (1975). Development of the Job Diagnostic Survey.

extension of the work design literature. Journal of Applied Psychology, 92, 1332-1356.

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Presented below are JDS norms for college undergraduate students (MEAN age= 23) who

were completing the JDS based on their current jobs and over 10,000 full-time employees

from over 100 organizations and over 1000 jobs. Data were aggregated from the original

norms compiled by Oldham, Hackman and Stepina (1979). The first mean is the

undergraduate student mean and the second mean is from the full-time employees.

I. JOB CHARACTERISTICS

A. Skill variety (MEANS=3.4/4.8).

B. Task Identity (MEANS=3.6/4.7).

II. EXPERIENCED PSYCHOLOGICAL STATES

III. AFFECTIVE OUTCOMES

A. General satisfaction. (MEANS=3.8/4.8).

IV. CONTEXT SATISFACTIONS

A. Satisfaction with job security (MEANS=3.9/4.9).

V. INDIVIDUAL GROWTH NEED STRENGTH

VI. MOTIVATING POTENTIAL SCORE (MPS) (MEANS= 104/ 134)

A job high on MPS must be high on at least one of the three job characteristics that

foster “meaningfulness” and high on both Autonomy and Feedback. A low score on

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CHAPTER 5 – CRITICAL THINKING APPLICATIONS

Critical Thinking Application 5-A

Freeman et al. v. the New Oxford Fire Department

* Contributed by Linsey C. Willis

To come

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Critical Thinking Application 5-B

Hi, I’m in Bangalore (but I can’t say so)

1. What do you see as the major advantages and disadvantages of contracting with an

overseas customer call center?

The major advantage in using offshore call centers is the cost of labor. Bangalore

customer service reps earn one-tenth that of U.S. based customer service reps ($3,500

2. What do you see as the advantages and disadvantages of allowing this outsourced

organization to lie to your customers about whom they are and where they are?

3. Is it unethical to contract with such an organization?

A majority of students do regard such behavior as “unethical.” Because of the huge cost

differential, most companies will probably take the risk of a fight over the “ethics”

involved in using “fake” Americans. Since the rules governing the work would come

4. What if Customer Asset presented data showing American callers are more satisfied

with the call service they receive from the “fake” Americans than from call center

associates who admit they are Indians sitting in India?

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

A majority of students do not change their views regarding the use of “fake”

Americans; in effect, the “end” does not justify the “means.”

5. Would you be more accepting of this practice if data showed customers feel more

secure about transactions if they feel they are interacting with an American?

6. Do a Net search to determine what the salary would be of a customer service

representative working in the U.S.

A search on the O*Net Online for “43-4051.00 – Customer Service Representatives” yielded the

following:

Median wages (2007)

$13.96 hourly, $29,040 annual

Employment (2006)

2,202,000 employees

Projected growth (2006-2016)

Much faster than average (21% or higher)

Projected need (2006-2016)

1,158,000 additional employees

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Critical Thinking Application 5-C

Is Wal-Mart Guilty of Gender Discrimination?

Conduct research on the Dukes et al. v. Wal-Mart case and determine the present status.

What arguments and/or evidence did Wal-Mart present to argue against the gender

discrimination claims?

Based on what you have reviewed, was Wal-Mart guilty of gender discrimination as alleged?

Try to take a definitive position and then justify that position with specific evidence or

arguments. If you are unsure, what specific information do you need to be able to render a

verdict in this case?

Setting aside the alleged illegalities, what specific HR practices could Wal-Mart improve to

make their HR more effective and (perhaps) to lower the likelihood of such Title VII lawsuits

in the future?

RESEARCH/ STATUS OF THE CASE AS OF APRIL 2009:

February 13, 2009:

the Ninth Circuit granted Wal-Mart’s request for “en banc” (“En banc” review occurs if the

majority of the active judges vote for it) to review of the district court’s order certifying a class

of all female employees who worked at Wal-Mart any time since December 26, 1998. Oral

argument took place on March 24, 2009 before an en banc panel of 11 Ninth Circuit judges. It

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

A federal district court judged certified a nationwide class of approximately 1.6 million current

and former female employees of Wal-Mart who claim sex discrimination in promotions and pay

at Wal-Mart stores around the country.

CASE OVERVIEW:

The Court’s Opinion:

The major issues on which the court focused in its 84–page opinion were “commonality” and

“manageability,” necessary conditions for class certification. Commonality centers on the

relationship of common facts and legal issues among class members. Manageability concerns

whether class treatment would be efficient and manageable, thereby achieving an appreciable

These findings were problematic in the Court’s opinion. The court noted that case law has “long

recognized that the deliberate and routine use of excessive subjectivity is an ‘employment

practice’ that is susceptible to being infected by discriminatory animus.” Rejecting Wal–Mart’s

argument against commonality that pay and promotion decisions are made locally by individual

store managers, the court instead found a nexus between the subjective decision-making and

discrimination in the evidence of gender stereotyping and corporate culture at Wal-Mart stores

nationwide.

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The court concluded that this strongly imbued culture supported a finding of commonality

among class members.

The Plaintiffs Argument:

The plaintiffs presented three types of evidence:

1. facts and expert opinions supporting the existence of company-wide policies and practices

that discriminated against women

Dr. James Drogan, the plaintiffs’ statistical expert, opined that female employees are paid

manager, while men take 2.86 years.

4. Women take 10.12 years to reach the store manager level, compared with 8.64

years for men.

The court also allowed evidence of “external benchmarking,” i.e., statistical comparisons to

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manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

56.5% of the managerial positions, whereas women held only 34.5% of the managerial

positions at Wal-Mart — a significant differential of 47 standard deviations.

3. Anecdotal evidence of discrimination.

The plaintiffs also submitted declarations from employees around the country. For

example, one declarant attested that she was told: “Men are here to make a career and

women aren’t. Retail is for housewives who just need to earn extra money.” Another

declarant who sought a transfer to the hardware department claimed that she was told:

“We need you in toys … you’re a girl, why do you want to be in hardware?” A third alleged

that her store manager gave the sporting goods manager position to a male because she

needed “a man in the job.”

Walmart’s Argument:

The Wal-Mart expert, Dr. Joan Haworth, attacked the statistical analysis from the plaintiffs.

Among the criticisms of Dr. Drogan’s analyses were:

1. the failure to utilize actual applicant flow data when looking at promotions;

Wal-Mart also argued that the number of potential class members alone made this case

impossible to manage. The court rejected this argument, noting that Title VII “contains no

special exception for large employers,” and that insulating large companies from such actions

would “seriously undermine” the purpose of Title VII. The court held that Wal-Mart could not

try each class member’s individual claim, nor was it entitled to individual store-by-store trials.