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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
Appendix A-22
| Appendix A – Critical Thinking Applications
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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.
Appendix A-23
| Appendix A – Critical Thinking Applications
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.
Appendix A-24
| Appendix A – Critical Thinking Applications
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
Appendix A-25
| Appendix A – Critical Thinking Applications
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
Appendix A-27
| Appendix A – Critical Thinking Applications
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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
Appendix A-28
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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
Appendix A-29
| Appendix A – Critical Thinking Applications
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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."
Appendix A-30
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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.
Appendix A-31
| Appendix A – Critical Thinking Applications
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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.
Appendix A-32
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Appendix A-33
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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
Appendix A-34
| Appendix A – Critical Thinking Applications
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
Appendix A-35
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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?
Appendix A-36
| Appendix A – Critical Thinking Applications
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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
Appendix A-37
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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
Appendix A-38
| Appendix A – Critical Thinking Applications
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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
Appendix A-40
| Appendix A – Critical Thinking Applications
© 2013 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not authorized for sale or distribution in any
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.
