Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
CHAPTER QUESTION 3: DESCRIBE SEVERAL WORKPLACE DISCRIMINATION
ISSUES. WHAT LAWS GOVERN THESE?
Every employee should feel comfortable at work, and every customer and supplier should feel
comfortable doing business with any organization. But that is not always the case. Despite the
diversity progress made, discrimination remains a problem requiring managerial attention.
SELF-CATEGORIZATION THEORY
According to self-categorization theory, individuals define themselves in relation to
others based on a “self-identity” or “social identity” factor and form binding relationships
with people who categorize themselves similarly.
Individuals typically self-identify in terms of race, ethnicity, or gender, though a wide
range of other categories could take precedence, such as being left-handed or rooting for
a particular sports team.
Within groups, members may further self-identify based on some factor that differentiates
group members.
People usually form group coalitions based on race and ethnicity – characteristics that
reflect their family and neighborhood demographics – and then by gender within the
race/ethnicity grouping.
oCaucasians, for instance, tend to associate with Caucasians. Among Caucasians,
males tend to associate with males while females tend to associate with females.
oThe same is true for African-Americans, Hispanics, or Koreans.
Problems arise, however, when dissimilar people are treated as inferior or excluded.
Customers and employees who differ from others according to some prominent
characteristic—race, gender, ethnicity, age, or religion—often report not being respected
by the dominant social group.
Workplace segregation can reinforce prejudices toward members of other groups, which
contributes to communication breakdowns, high conflict, low morale, reduced
productivity, and potential lawsuits.
As shown in Exhibit 1.2 in Chapter 1 “EEOC Charges and Resolutions 1997 and 2009”
there were more than 100,000 discrimination cases filed with the EEOC in 2009, and
settlements exceeded $440 million.
DISCUSSION ACTIVITY
The Implicit Attitude Test (IAT) helps people understand unconscious prejudices they might hold
toward people belonging to other groups. The IAT is a ten minute reaction time test. Have
students do the free test available online at:
https://implicit.harvard.edu/implicit/demo/
Review the results and discuss them in small groups. Were students surprised by the results? Do
they believe the results? Why?
WORKPLACE DISCRIMINATION
Individuals discriminate all the time. To discriminate means to make a distinction among
possible options.
Two prominent ethical principles must guide decision making when making distinctions
among people at the workplace: fairness and respect for others.
oFairness refers to making decisions according to rules not based on personal
biases
oRespect for others refers to treating everyone with dignity
Managers, for instance, must discriminate among hundreds of job applicants when
deciding which person to hire.
The decision-making rule used to discriminate among the applicants could be ethical,
unethical, legal, or illegal.
When differentiating among job candidates, or choosing which employee to assign a job
task or promote, make sure that the decision-making rule being applied is fair and
respectful.
oWhen hiring, it is ethical and legal to discriminate based on previous job
experience, potential productivity, and educational level.
oIt is unethical and illegal, however, to discriminate based on “protected class”
status, defined as a person’s race, color, religion, gender, national origin, age,
pregnancy, and physical or mental disabilities.
oSome state and municipal laws also include sexual orientation – lesbian, gay,
bisexual, and transgender people (LGBT) – as a protected class.
DISCUSSION ACTIVITY
Review Exhibit 7.2 about “Tattoo Discrimination” and then ask/discuss the following questions:
1. How many students in class have a tattoo? Why did you get one? What percentage of the
tattoos are hidden versus visible to a boss or customer?
2. If you were a manager, would you hire an employee with a tattoo visible on his or her forearm
(wearing short sleeves)? Neck? Face? Why?
3. Does it matter what business you are in (family restaurant, PR firm, bank, truck driver,
warehouse, etc.)? Why?
4. Does it matter what the tattoo said or symbolized (crucifix, rose, confederate flag, satanic
devil worshipping, etc.)? Why?
5. What is a fair and respectful tattoo policy? Why?
GENDER DISCRIMINATION
Gender discrimination refers to treating an employee differently because of his or her
gender.
NOTE: The chapter mentions the sex discrimination class action lawsuit initiated by six
female Wal-Mart employees that grew to represent more than 1 million women. The case
was dismissed by the U.S. Supreme Court in June 2011 on a technicality dealing with
what counts as a “class action” lawsuit.
Women are discriminated against in job assignments based on physical and personality
characteristics.
oStereotypes of women include being too physically weak, too sensitive, or too
polite to perform certain job tasks.
oMen are stereotyped as being aggressive, less emotionally vulnerable, and
task-focused rather than relationship-focused, qualities assumed to be needed for
executive leadership.
oThe stereotype that men should be leaders and women support staff is attributed
to people growing up in a family and neighborhood where women were
subservient to male authorities.
oCompounding the problem, researchers report that women who behave contrary
to stereotype are evaluated negatively. Thus, women are denied jobs requiring
assertive behaviors, and woman who exhibit assertive behaviors are penalized for
doing so.
PAY INEQUALITY
The Equal Pay Act of 1963 prohibits pay discrimination based solely on gender
considerations.
Men and women must receive equal pay for equal work.
Previously, different wages for the same job tasks were justified on the grounds that men
were the head of household whereas women were earning supplemental family income.
The work being performed is considered equal if the two jobs entail equal skill, effort,
responsibility, and working conditions.
Different wages for performing the same type of work are justified only if related to an
employer’s seniority system, merit system, quantity or quality of productivity, or a factor
other than gender.
On average, females earn approximately 69 percent of male salaries.
oIn 2008, the mean salary for all males 25 years and older working full-time was
$64,283.
oFemales 25 years and older working full-time earned $44,595.
oThe Bureau of Labor Statistics, which includes wages for 16 year olds, reports a
higher comparable wage rate of 80 percent.
oThe pay gap increases, rather than decreases, when education is taken into
consideration.
Males with at least a college degree working full-time earned an average
of $95,326, while their female counterparts earned $61,319, or 64 percent
of male salaries.
A variety of explanations other than gender discrimination may explain these earning
differentials:
oCareer pattern choices: Women, in general, choose less-prestigious careers that
have lower market wage rates, such as nursing, secretarial work, sales associates,
and childcare services, whereas men choose higher wage professions, such as
doctors, engineers, information technology, and production operators.
Even within the same field, such as physicians, women tend to choose
lower wage occupations (family practice) compared to men (surgeons).
oSeniority factor: Large numbers of women have only recently entered some
highly-paid occupations, so they are not yet earning the highest wage scale.
oJob demand choices: Women choose less demanding jobs that allow for more
workplace flexibility to care for family and household needs, and pay less.
oOrganization size choices: Women prefer working for small firms, which pay less
than larger firms.
oSalary negotiation issues: Women are less likely to negotiate for higher wages.
oCustomer preferences: Customers perceive male employees as more competent
and providing better service than female employees, thus justifying a higher wage
based on customer satisfaction evaluations.
DISCUSSION ACTIVITY
Interview five women you know, including, if possible, your mother. Ask them about the career
choices they made after college. Did the amount of pay influence their job choice? Why did they
choose their current type of work rather than the one that would earn higher income? Did they
sacrifice career advancement for family reasons? Do they believe that women are paid less than
men for doing similar work? Why?
PREGNANCY
Pregnancy Discrimination Act
In 1978, Congress passed the Pregnancy Discrimination Act (PDA) to protect the civil
rights of pregnant women. The PDA classified discrimination based on pregnancy,
childbirth, or related medical condition as a form of sex discrimination.
Prior to the federal legislation, employers used a woman’s pregnancy as a reason for
promotion denials and job terminations.
Employers also denied pregnant women health insurance and other fringe benefits when
on maternity leave.
The PDA ensured that women experiencing pregnancy, childbirth, or related medical
conditions would be treated the same as an employee with an illness or temporary
disability.
The PDA requires that employers provide appropriate job accommodations for pregnant
women, such as temporarily modifying tasks and assignments, which do not cause undue
hardship to the employer.
oAn undue hardship refers to the cost and difficulty associated with making the
accommodation.
Employee health insurance policies must include coverage for pregnancy-related
conditions, and sick or unpaid leave policies must include morning sickness and
childbirth recovery.
Upon returning to work, women are entitled to the same or equivalent job, much like any
employee returning after sick or disability leave
Family and Medical Leave Act
oThe PDA did not require that any specific amount of leave be extended to childbearing
women beyond existing company policies.
oCongress passed the Family and Medical Leave Act (FMLA) of 1993 in part to address
this issue, and expanded provisions to include any employee needing time off to address
health-related problems.
oThe FMLA ensures a total of 12 work weeks of unpaid leave during any 12-month
period, and the continuation of healthcare and other fringe benefits during this period,
for:
the care of a newborn baby, a newly adopted child, or a new foster child
the care for an immediate family member (spouse, child, or parent) with a serious
health condition
an employee’s serious health condition
oThe FMLA applies to all state, local, and federal employers, as well as private sector
firms which employ 50 or more workers.
oAn employee must have worked at least 1,250 hours during the previous 12 months to be
eligible for coverage.
oWith the employer’s approval, an employee can substitute paid medical leave for unpaid
time off
oThe FMLA exempts highly compensated employees, defined as being managers in the
top 10 percent of the company’s pay scale, whose absence could not be replaced and
would cause an undue hardship on the employer.
DISCUSSION ACTIVITY
Assign group membership by gender and ask students to answer the following questions
independently and then share in group:
1. Should a woman interviewing for a job who is 2 months pregnant inform the interviewer about
the pregnancy? Why?
2. Should a man interviewing for a job whose wife is 2 months pregnant inform the interviewer
about the family pregnancy? Why?
3. If you were the boss, would you want to know if the job applicant is pregnant? Why?
4. FMLA provides 12 weeks of unpaid time off. Should a woman go back immediately after birth
or wait the entire 12 weeks? Why?
GLASS CEILING
Glass ceiling refers to situations where the hierarchical advancement of a qualified
woman or minority is prematurely stopped at a lower level because of gender, racial, or
ethnic discrimination.
In 2008, women represented 46.5 percent of the entire civilian labor force.
oAssuming women and men are generally equally competent, a similar percentage
of women should hold managerial jobs.
oBut, according to 2009 Bureau of Labor Statistics, women accounted for only 25
percent of all CEOs, and 30 percent of all general and operations managers.
oThere seems to be an invisible barrier preventing women from climbing to the top
of organizational hierarchies, which is why the phenomenon is called a “glass”
ceiling.
REVERSE DISCRIMINATION
Reverse Discrimination refers to discriminating against a dominant or majority group
member, such as Caucasian males, in favor of an historically disadvantaged or minority
group member.
Organizations that put in place an affirmative action plan to promote more women to
management positions discriminate against equally qualified men based solely on gender.
If it is unfair for women to have been historically discriminated against based on gender,
isn’t it also unfair to deny men a job, promotion, or assignment based on gender?
Vision Quest National, located in a high-crime neighborhood, operated a day and night
shift. When several women night shift employees threatened to quit, the company
implemented a policy for women to be given a preference for day shift work. A male
night shift employee making the same request was fired. He sued for sexual
discrimination and won the lawsuit.
DISCUSSION ACTIVITY
Have students answer, debate, or discuss the Vision Quest National case. A man and woman are
on a nighttime shift in a high crime neighborhood. Both apply for one opening on the day shift.
Is it unfair to give the opening to a woman based solely on the criterion that she would not have
to leave work in a bad neighborhood late at night?
RACE AND ETHNICITY DISCRIMINATION ISSUES
In 2008, approximately 73 percent of the civilian labor force was Caucasian, compared to
13 percent Hispanic and 10 percent African-American.
Racial and ethnic discrimination refers to treating an employee differently because of his
or her race or ethnicity.
It is illegal to discriminate in job assignments and promotions based on an individual’s
race or ethnicity, even if customers or other employees express a preference for
Caucasians.
National origin prohibitions include discrimination based on a person’s birthplace,
ancestry, culture, and native language.
The formation of racial and ethnic stereotypes is usually the result of segregation.
Racial and ethnic minorities are much more likely to perceive discrimination as a
problem than the Caucasians wielding managerial power.
oAfrican-Americans, compared to Caucasians, are four times more likely to report
that racial discrimination is a serious problem and three times more likely to
attribute racial discrimination as a cause for difference in jobs and income.
RELIGIOUS DISCIMINATION ISSUES
In 2008, approximately 76 percent of the population 18 years and older were Christians –
51 percent Protestant and 25 percent Catholic – down from 86 percent in 1990.
The remainder included 1.2 percent Jewish, 0.9 percent Eastern Religions, 0.6 percent
Muslim, 0.5 percent Buddhist, and 15 percent no religion.
Religious discrimination refers to treating an employee differently because of his or her
religious beliefs.
Job assignments, promotions, and terminations cannot be determined based on religious
reasons.
Employees can practice a religious belief at work if the employee is sincere and the
practice is non-harmful to others.
Employers must provide religious accommodations that are reasonable and do not cause
an under burden to the employer.
Claiming that another employee or customer would be upset or uncomfortable because of
an employee’s religion or religious practice is not an undue hardship.
Employers are also expected to provide flexible scheduling for religious holidays and
respect religious clothing and grooming policies.
An employer cannot forbid an employee from wearing a Jewish yarmulke, Sikh turban,
or a Muslim headscarf, or a religious hairstyle, unless the clothing or hairstyle negatively
impacts job performance.
If one employee is allowed to decorate office space for a religious holiday, all employees
must be allowed to do likewise regardless of their specific religion. An employer cannot
force an employee to participate in a particular religious activity.
AGE DISCRIMINATION ISSUES
Age discrimination refers to treating an employee differently because of his or her age.
The Age Discrimination in Employment Act (ADEA) of 1967 prohibits dismissing, or
not promoting, anyone forty or older because the individual is considered “too old” for
the job.
Job assignments, promotions, and terminations must be based on productivity, skills,
abilities, or any factor other than protected class status, including age.
Exemptions to the law require a bona fide occupational qualification, such as not
rehiring an aging actor for a young role, or matters of public safety, such as for airplane
pilots or bus drivers.
Common age-related stereotypes include older employees being less productive, less
physically and technologically capable, and less motivated to work hard. Research has
discredited these age stereotypes.
The researchers, however, have found three age-related differences: older employees
were more likely to demonstrate organizational citizenship behavior and comply with
safety rules, and less likely to engage in counterproductive work behaviors.
Due to longevity and accomplishments, older employees in some organizations have
higher salaries. If an organization seeks to reduce labor costs, salaries can be a deciding
criterion, but not age.
Employers can provide employees incentives to voluntarily take early retirement, but not
require early retirement.
DISABILITY DISCRIMINATION ISSUES
Approximately 50 million Americans have a physical or mental disability, of which 55
percent are employed.
Historically, citizens with physical and mental disabilities had been discriminated against
in areas such as employment, housing, and education.
Congress passed the Americans with Disabilities Act of 1990 (ADA) to prohibit
discrimination against a qualified worker with a disability who can perform the job task
with, or without, reasonable accommodation.
The legislation defines a disability as “a physical or mental impairment that substantially
limits one or more major life activities of such individual.” Examples include
impairments associated with seeing, hearing, walking, standing, speaking, learning, and
breathing.
The ADA requires employers to provide reasonable accommodations for the disability,
such as modifying a job assignment, work schedule, facilities, and equipment.
According to the ADA, factors that an employer can take into account to determine the
reasonableness of an accommodation are:
oThe nature and cost of the accommodation
oThe overall size and financial resources of the facility or business
oThe impact of the accommodation on business operations
Alcoholism is a disability under the ADA.
oAn employer cannot discipline or fire an individual because he or she is an
alcoholic.
oThe employer, however, can prohibit alcohol consumption during work hours for
all employees, including alcoholics, and discipline or fire an employee for
productivity or performance-related factors.
SEXUAL ORIENTATION DISCRIMINATION ISSUES
oHomosexuality exists in all cultures and throughout history.
oAs of 2010, there were an estimated 40,000 legal same-sex marriages in the United
States.
oGays and lesbians are estimated to be between 1.5 and 4.1 percent of the U.S. adult
population, which translates to 3.2 million to 8.8 million people.
oThe percentages of men who are gay, and women who are lesbian, are very similar.
oResearchers maintain that the overall percentages are low estimates due to how narrowly
homosexuality is defined and confidentiality concerns of survey respondents.
oAlthough there has been a long history of workplace discrimination against lesbians,
gays, bisexual, and transgender (LGBT) people, sexual orientation discrimination is not
covered by Title VII of the Civil Rights Act.
oNonetheless, more than 15 states and 150 municipalities have passed laws prohibiting
sexual orientation discrimination in areas such as employment, housing, public education,
credit, and public accommodations.
oThe Employment Non-Discrimination Act (ENDA), federal legislation under
consideration to protect LGBT people from job discrimination, is modeled after the Civil
Rights Act.
oThe legislation is spearheaded by the National Gay and Lesbian Task Force,
whose first major victory was getting the American Psychiatric Association to
declassify homosexuality as a mental illness in 1973.
oIn 1994, the U.S. military implemented a contentious “Don’t Ask, Don’t Tell” policy, a
compromise developed by the Clinton Administration, to address the military’s ban on
homosexuals.
oMilitary leaders opposed to gay and lesbian soldiers maintained that homosexuality
threatened troop cohesiveness in combat units.
oBetween 1994 and 2010, however, more than 10,000 military personnel were discharged
for declaring their sexual orientation.
oIn 2010, Congress passed legislation prohibiting the military from discriminating against
gay and bisexual people.
oSome companies provide “domestic partnership” benefits to same-sex or different-sex
couples, although not required to do so by federal or state law.
oBy 2009, 57 percent of the Fortune 500 companies provided domestic partner health
insurance benefits, including nine of the top ten largest corporations, and 85 percent
prohibited sexual orientation discrimination.
oIn 2010, the federal government developed policies that granted hospital visiting rights to
same-sex partners and extended the Family Medical Leave Act to care for sick or
newborn children of same-sex partners.
DISCUSSION ACTIVITY
Have students do Exhibit 7.6 “Experiences Being Prejudged” exercise individually, and then
share in small groups and entire class.
1. Describe how you have been stereotyped in a positive way. When did the incident occur?
Where did the incident occur? Who said what to whom? Was the stereotype accurate?
2. Where did the incident occur? Who said what to whom? Was the stereotype accurate?
3. Describe how you have been stereotyped in a negative way. When did the incident occur?
Where did the incident occur? Who said what to whom? Was the stereotype accurate?
4. What were your reactions when the negative incident occurred? How did you feel? What did
you think? What did you do?
5. What were the overall consequences of the negative incident? How did the incident affect you
in the future? Did it change your expectations of yourself? Did it change your expectations of
others?
