Chapter 19
Employment Diversity and Discrimination
LEARNING OUTCOMES
After studying this chapter, you should be able to:
1. Discuss the concept of diversity management in the workforce and the evolution of its
current paradigm.
3. Outline the essentials of the federal discrimination laws.
4. Define and provide examples of the expanded meanings of employment discrimination,
5. Discuss the concept of affirmative action and current issues related to diversity
management.
TEACHING SUGGESTIONS
INTRODUCTION – In the previous two chapters the authors considered employee rights that
affected virtually everyone in the workplace. In this chapter, they concentrate on a subset of
employee stakeholders whose rights are protected by discrimination laws. A chart which
summarizes the application of these laws to certain protected groups and issues related to the
KEY TALKING POINTS – Although American business and society have made many strides
toward ending discrimination, much remains to be done. However, in my discussions with
traditional-aged college students on the topic of discrimination and affirmative action, the vast
majority believe that their generation has basically ended discrimination and affirmative action is
no longer needed. To them, discrimination is an anachronism of previous generations that may
have required affirmative action measures to resolve, but those times are behind us.
It is not until we start talking about current demographics and statistics that the students
(especially women, when we talk about pay inequities) begin to see that there may still be some
Another topic that instructors may want to explore is how technology can impact discrimination
issues. Most households today have two working adults. In connection with developing
work/life balance programs, many firms advertise that they will work with employees to utilize
technology to enable the employees to take advantage of alternative working arrangements.
If the instructor desires to go beyond a discussion of statistics, case law, and public policy, an
interesting topic to explore is why discrimination is so prevalent in society. Although students
invariably pronounce human equality a desirable goal or even a reality, it doesn’t take them long
to realize how often and easily we all discriminate. In fact, I am nearly convinced that
discrimination is part of human nature—we all distinguish people based on certain characteristics
and then ascribe certain traits to them, based on stereotypes and preconceptions. Still, we
typically espouse the virtue of equality and even take steps to bring it about. Two very different
approaches are described in the following readings. In the short story “Harrison Bergeron,” Kurt
Vonnegut depicts a society where everyone is made equal by use of handicaps to bring the more
talented back in line with the less talented. Jonathan Kellerman’s novel Survival of the Fittest
tells a story about a group who believe in eugenics (the study of hereditary improvement of the
human race by controlled selective breeding), and act on their belief by killing people of color
PEDAGOGICAL DEVICES – In this chapter, instructors may utilize a combination of:
Cases:
5-Engineered Billing
6-The Waiter Rule: What Makes for a Good CEO?
8-To Hire or Not to Hire
15-Nike, Inc. and Sweatshops
17-Chiquita – An Excruciating Dilemma
33-Case of the Fired Waitress
35-Looksism at A&F
Ethics in Practice Cases:
What Is Reasonable Accommodation for Pregnancy?
Gentleman’s Club?
Bigotry in the Bakery
Spotlight on Sustainability:
Are Sustainability Advocates a New Protected Class?
LECTURE OUTLINE
I. DIVERSITY IN THE WORKFORCE
II. THE CIVIL RIGHTS MOVEMENT
III. FEDERAL LAWS PROHIBITING DISCRIMINATION
A. Title VII of the Civil Rights Act of 1964
B. Age Discrimination in Employment Act of 1967
C. Equal Pay Act of 1963
G. Equal Employment Opportunity Commission
IV. EXPANDED MEANINGS OF EMPLOYMENT DISCRIMINATION
A. Disparate Treatment
B. Disparate Impact
1. Women in Professional/Managerial Positions
2. Equal Pay and Promotion
3. Sexual Harassment
E. Other Forms of Employment Discrimination
VI. AFFIRMATIVE ACTION IN THE WORKPLACE
A. The Future of Diversity Management
SUGGESTED ANSWERS TO DISCUSSION QUESTIONS
Students should recognize that their answers to these discussion questions should be well
reasoned and supported with evidence. Although some answers will be more correct than others,
students should be aware that simplistic answers to complex questions, problems, or issues such
as these will never be “good” answers.
1. Question: Identify the major federal discrimination laws and indicate what they prohibit.
Which agency is primarily responsible for enforcing these laws?
Answer: The major federal discrimination laws and what they prohibit are listed below:
A. Title VII of the Civil Rights Act of 1964 – race, color, religion, sex, or national
origin
2. Question: Give two different definitions of discrimination, and provide an example of each.
Answer: Disparate treatment refers to the act of treating people differently based on their
race, color, religion, sex, national origin, or other prohibited reason. An example might be
a corporation hiring a female receptionist without considering males for the position.
Disparate impact means that a disproportionate number of a minority achieves a certain
3. Question: How has the Americans with Disabilities Act (ADA) evolved since its inception?
Answer: Based on corporate executives’ level of support for the ADA, it would seem that
the law is having little or no negative effect on business, and may even have a positive
4. Question: Do you think racial inequality is caused by racism, favoritism, or both? Explain
your answer.
Answer: Favoritism can have a powerful effect on hiring and opportunities in employment.
In the book, “The American Non-Dilemma: Racial Inequality without Racism,” the author
explained how favoritism rather than racism could lead to racial inequality in the
5. Question: Do you agree with the Genetic Nondiscrimination Act? Do companies have a
right to know and use genetic information about employees? Why or why not?
Answer: Seldom – or perhaps never – has an antidiscrimination act been passed with such
agreement, and before any significant amount of discrimination of that type has occurred.
We seem to be of one mind regarding the protection of genetic information, and most
6. Question: Has the concept of diversity supplanted the concept of affirmative action in
leading companies today? Why or why not?
Answer: Diversity programs have been adopted by a number of U.S. corporations because
GROUP ACTIVITY
Divide students into groups of four to five students. Have each group develop the following
training programs for a fictional company: interviewing and hiring techniques and sexual
Students also should prepare procedures for sexual harassment training. Specifically, students
should provide instruction on what constitutes sexual harassment and the potential legal issues
implicated by such actions. Further, students should note the fictional company’s policies on
sexual harassment.
INDIVIDUAL ASSIGNMENT
Distribute the following instructions to each student: