45. New Business Opportunities: Changing Consumer Markets
V- 54
Diversity on the Web
In June 2010, The Coca-Cola Company launched a “first-ever, fully-integrated
marketing campaign created exclusively for U.S. Hispanic consumer(s)” called
POWERADE Latino. This Spanish-language advertising campaign was timed
to coincide with the 2010 World Cup in South Africa. Visit the websites below
and evaluate this campaign in terms of what you now know about the U.S.
Hispanic/Latino community.
Sources: http://www.us.powerade.com
http://www.arrobanews.com/powerade
Witeck & Combs Communications (n.d).
http://www.witeckcombs.com
http://www.terry.uga.edu/selig (Click on Publications, then click on
the Multicultural Economy, then click on Executive Summary.)
Global Note………………………………………………………….World Wide
The United Nations estimates that in 2012, there were 316,000 centenarians in the
world. Centenarians are the fastest growing population in the world.
46. Points of Law: The Bar Exam
V- 55
POINTS OF LAW: THE BAR EXAM
M. June Allard
Assumption College
Worcester State University, Professor Emerita
Goals
• To assess knowledge of basic discrimination laws and regulations
• To promote discussion and application of discrimination laws and regulations
• To examine employer legal responsibility in diversity issues
Instructor Notes
An enormous amount of litigation arises from discrimination issues. This is a complex area as
there are federal, state and local laws pertaining to diversity. It is important for managers to have
some knowledge of the areas to which these laws apply and to understand that the laws
themselves frequently change and are subject to (court) interpretation.
This exercise may be used in several ways. It may be:
• given at the course start to provide a baseline indication of how familiar students are with
some major diversity laws.
• given at the course end to provide information on how much students know when they
complete the course.
• given both at the start and the end to measure “value added,” (i.e., determine how much
students have gained in this knowledge during the course).
• used as a basis for class discussion or assigned as an out-of-class exercise for individuals
or teams to search out the answers. Further details about the laws may be found in the
source articles in the text.
46. Points of Law: The Bar Exam
V- 56
Answers to The Bar Exam Questions
1. You manage the Canadian branch of an American company. What employment
discrimination laws must you follow?
You must obey the laws of the Canadian province in which your branch is located. If your
2. As the owner of a small company employing 60 people, if any of your employees adopt
children, do you have to provide adoption leave?
Yes, under the Family Medical Leave Act of 1993. You must provide a minimum of 12
3. You are the manager in a retail store and you are concerned about the appearance of
employees who meet customers. Can you impose a dress or appearance code, i.e.,
require that they not wear nose rings, have visible tattoos, etc?
Generally, federal law does not prohibit appearance policies providing they do not
4. Are you required to provide benefits such as health insurance for same-sex partners
of your employees?
5. Faced with a bad economy, you are forced to lay off a substantial number of workers.
To avoid being accused of discrimination, what must you ensure?
6. Your local labor pool contains a large number of immigrants. If you hire illegals,
what may happen?
Source: #15. Allard, M J. Immigration Patterns: The Transition Process
46. Points of Law: The Bar Exam
Note: The following may not be covered in the text.
7. As part of your company’s health program, you would like to have the name of each
employee’s doctor and a list of their medications in case of a personal or workplace
emergency. Can you require employees to provide this information? Can you request
it?
number.
Source: St. Martin, A., Maingault. A. & Neal, V. (2005, July). Emergency contacts FMLA leave teenage
employees. HRMagazine.
8. Your Vice President is pregnant. Are you required to provide maternity leave and
benefits for her?
9. You want to hire some teenagers to work at your company. Is there a limit on how
many hours they can work?
1999.
10. You are the manager of a nonprofit organization employing 100 people. After
demoting one of your 55 year old employees for excessive absences, she files a claim
citing age bias. What do you have to prove and what does she have to prove?
Source: Gross, J. (2010, September). The need to fight age bias. In the know. aarp.org/bulletin p32.
46. Points of Law: The Bar Exam
16. If you do hire this parent, is this parent entitled to a reasonable accommodation?
17. In two weeks, there will be an election and many of your employees expect to vote.
Does the law allow employees time off to vote?
Probably. “The laws of nearly every state allow time off from work to vote….The amount
Source: Roth, T. (2010, November 1). Time off to vote: Employer responsibilities.
www.reuters.com/article/idUS237754918620101012.
18. If your employees do take time off to vote during work hours, must you pay them for
this time?
19. Are you required to grant a religious accommodation to your employee who wishes to
go on week-long religious retreats several times a year during the busiest time of your
business?
20. After a series of poor and expensive hiring choices, you want to update your hiring
practices to include personality and pre-employment tests. Is it legal to do this?
V- 60
Copyright © 2015 Pearson Education, Inc.
1. The Americans with Disabilities Act is a federal act. As a manager in a large state
agency, does this act apply to you?
2. As the owner of a small business employing 12 people, does the ADA act apply to you?
Source: U.S. Equal Employment Opportunities Commission. (2008) Americans with Disabilities Act Questions
and Answers. p.2. www.ada.gov/qandaeng.htm.
47. Chick-Fil-A and the Media
V- 61
CHICK-FIL-A AND THE MEDIA
Carol P. Harvey
Suffolk University
Assumption College, Professor Emerita
Goals
• To understand that LGBTs are still discriminated against in society
• To illustrate the lack of federal legal protection for LGBTs
• To examine the role of social media in influencing public opinion
Case Synopsis
The family-owned, Southern-based Chick-fil-A restaurant chain has long supported conservative
Christian causes through WinShape, its foundation. Chick-fil-A is privately owned and has a
corporate culture heavily influenced by the personal values of its founder and the Cathy family. In
2012, anti-gay marriage comments made by its CEO Dan Cathy on the radio and in the press set
off a media frenzy that pitted anti-gay marriage supporters against the gay community.
Celebrities, politicians, advocacy groups, and interested parties used Twitter, blogs, and other
forms of social media to either support Cathy’s statements as freedom of speech and religion, or
to criticize him as discriminating against the gays.
In the defense of the corporation, former Governor of Arkansas Mike Huckabee, used Facebook
to organize a successful Chick–fil-A Appreciation Day that boosted sales an average of 29.9% per
store. Since the corporation did not fire or fail to promote its LGBT workers on the basis of their
sexual orientation, or refuse to serve LGBT customers, there was no legal recourse. However, the
Chick-fil-A Corporation has a growth strategy and as it starts to expand into other parts of the
country, its core values and support for conservative causes may result in additional controversy.
Discussion Questions and Answers
1. Compare and contrast Cracker Barrel and Chick-fil–A. How are these two situations
similar and how are they different?
Chick-fil-A is still privately owned by the Cathy family. This enables them to legally funnel
47. Chick-Fil-A and the Media
profits into their private foundation, WinShape, and to distribute these funds to favored
causes that match their conservative values.
2. Do you think that the owners’ personal values should influence which social causes a
corporation supports? Why or why not?
3. What role did social media like Twitter, blogs, and Facebook play in this case?
4. Why was the Chick-fil-A Appreciation Day event so successful and the Cracker Barrel
pro-gay boycott not as successful?
47. Chick-Fil-A and the Media
• Whether we like to recognize it or not, for many reasons, there is still considerable
5. Could Chick-fil-A be sued for discriminating against LGBT employees and/or
customers?
6. Use the McNett article The Ethics of Workplace Diversity to evaluate the ethics of the
Chick-fil–A corporation’s philanthropic donations by applying the deontological,
teleological, and caring theories to their strategy for philanthropic contributions.
Three Categories of Ethical Theories
Deontoloy
(Faith)
Caring
(Charity)
Universal
application
(all times, all
places)
Universal duty:
universal
principles, The
Way
Universal care:
love for
humanity
Particular
Application
(depends on
context)
Particular duties:
situation ethic,
case by case
approach
Particular care:
personal
relationships
Chick-fil–A’s own ethics are strongly in the deontological camp. They practice their faith
principles in their daily conduct of business. Of course, they are somewhat selective. At
Chick-fil-A, most workers receive only minimum wages. As for their philanthropic
47. Chick-Fil-A and the Media
since they would be trying to influence change, to reform behavior to be in conformity with
Chick-fil–A’s belief in what is good and true, right and best.
philanthropic contributions suggest.
Diversity on the Web
Go to YouTube.com and search for “Chick–fil–A’s President responds to Gay
Comments” and “Chick–fil–A’s Appreciation Day Sparks Nationwide Turnout.” Watch
these videos. What do they teach you about society’s acceptance of LGBTs today?
Search the Chick-fil-A corporate website (http://www.chick-fil-a.com) for the
company’s mission statement and diversity policies. What did you learn?
48. Section III. Integrative Questions
INTEGRATIVE QUESTIONS FOR SECTION V
1. How do a) Canadian and b) American diversity legislation fit or not fit with the three
theoretical ethical perspectives (deontological, teleological and caring) discussed in the
McNett article? Justify your answer.
2. In your opinion, what federal diversity legislation that does not currently exist in the U.S.
should be enacted? Why? Was your opinion influenced by reading about other countries,
especially Canada’s diversity legislation in this text?
3. Given the high growth rate of the young Hispanic population, and the decline in
traditional college-age, non-Hispanic white population, develop a marketing plan for your
college or university to improve its recruitment of Hispanic students.
4. Analyze and evaluate the effectiveness of your college or university’s website as a
recruitment tool for each of the following groups to which your institution currently does
or potentially could market.
a) 18-23 year old, day college students
b) evening college, older working adults
c) graduate students
Provide a grade from A to F and your reasons for this grade for each of these three
market segments. Justify your answer in terms of how well the website addresses its
message to meet the different needs of these distinct populations.