Pillars Of Hrm Sessions 2&3 (2006)

Pillars of Human Resource Management I. II. III. IV. V. VI.

Management Exercise First Pillar – Legal Case Point: Fat Chance Second Pillar – HRM Practices General Models for Diversity Management (If time): Moving to an Integration Model of Diversity 1

Managerial Exercise Debriefing

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Pillars of HR: Legal 

Legal structures provide broad guidelines for HRM practices



While states may have additional laws, federal laws are referred to as Equal Employment Opportunity (EEO) legislation, which are administered by the Equal Employment Opportunity Commission (EEOC) 3

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Broad Overview Important EEOC Laws (Noe, et al, 2006 and Kulik, 2004) Acts

Content / Requirements

Covers

XIII Amend.

Abolished slavery

Everyone

Civil Rights Act Prohibits discrimination based on race, color, religion, sex, or national origin (1964, 1991) (applies to majority, too) Title VII Age Discrimination in Employment Act (1967)

Forbids employment discrimination based on age for those 40 and older

Enforcement Agency

Court System

Employers >15 employees (as well as labor unions and employment agencies)

Same as above as well as federal govt.

EEOC

Forbids discrimination based on

Americans with physical or mental disabilities; Disabilities Act requires “reasonable (1990) accommodation” of qualified

EEOC

applicants 4

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Other Important Laws & Regulations (Noe, et al, 2006 and Kulik, 2004)   



Pregnancy Discrimination Act (1978) – amends CRA and treats pregnancy as a “temporary disability.” Family & Medical Leave Act (1993) – employees can take up to 12 weeks off (unpaid) to attend to various family matters and still retain same or comparable (equal status & pay) job. Executive Order 11246 – requires government agencies and federal contractors (& subcontractors with contracts >$2,500) to engage in affirmative action when hiring women and minorities. Overseen by Office of Federal Contract Compliance Procedures (OFCCP). 5

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Laws & Discrimination (Cascio, 2006; Kulik, 2004; Noe, et al., 2006) Disparate Treatment • Domain: for intentional discrimination; retaliation • Prima Facie Case: individual from protected group had proper job qualifications, was turned down, and the job remained open

Adverse Impact • Domain: unintentional discrimination; same standards had different consequences for groups

Reasonable Accommodation • Domain: when reasonable accommodations are intentionally not met

• Prima Facie Case: employee • Prima Facie Case: statistical suffered adverse consequences disparity (e.g., 4/5ths rule – when for having a reasonable selection rate for one group is accommodation denied <80% of that for the highest • Employer’s Defense: legitimate selected group) • Employer’s Defense: jobnondiscriminatory reason for decision or bona fide occupational relatedness; undue hardship; or • qualification (BFOQ) direct threat to health and safety •$$: compensatory and punitive damages

• $$: equitable relief (e.g., back pay)

• $$: compensatory and punitive damages 6

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Cityside Financial: Case in Brief

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Spencer Owens & Co.: Case in Brief

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Discussion Questions

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Pillars of HR: HRM Practices 

Practices “fill in” the broad sketches provided by legislation, and allow organizations to cultivate core competencies (see Pfeffer & Veiga’s 7 best practices).



Diversity management has begun to move away from a predominantly passive, legal stance to more proactive (e.g., affirmative action), practice-based stances. [However, many organizations still ignore the problem]. 10

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Three General Models of Diversity (Thomas & Ely, 2002, Thomas, 1990)



Assimilation (Discrimination & Fairness) Paradigm - Organizations should be “color blind.” Hire

diverse people but encourage similar behavior. (Most dominant and closest to the “legal” model of managing diversity).  Metaphor:  Advantages: Promotes fair hiring / gets diverse individuals into the workplace.  Disadvantages: Does not transform diverse opinions into creativity / innovation; may not do a good job in promoting individuals. Employees can feel detached. 11

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Three General Models of Diversity (Thomas & Ely, 2002, Thomas, 1990)



Differentiation (Access & Legitimacy) Paradigm – match diverse employees to niche markets. (Also a common model – this was a reaction to the assimilation model.)   

Metaphor: Advantages: Expands markets; utilizes cultural diversity. Disadvantages: Motivation for diversity is short-term. Diverse “identity groups” remain separate and knowledge does not impact the company as a whole. Employees can feel exploited and underutilized. 12

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Three General Models of Diversity (Thomas & Ely, 2002, Thomas, 1990)

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Integration (Learning & Effectiveness) Paradigm – creates a diverse workforce and then changes business practices to reflect new cultural learning (e.g., law company takes on language issues at work).  

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Metaphor: Advantages: Combines and extends advantages of first two paradigms (recruitment and marketing niches) while incorporating cultural knowledge learning to change how business is done and fully harness diversity. Disadvantages: Few “benchmarks;” high investment of organizational resources. 13

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Moving to an Integration Model (If time permits) (Thomas & Ely, 2002)



Leaders must truly value and understand the challenges and opportunities inherent in diversity (e.g., must be motivated by more than fear of compliance, must value critique)

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Organizations must have have a culture that supports & nourishes performance through diversity (e.g., expects high standards, stimulate personal development, encourage openness, have clear mission)

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Organizations should be relatively egalitarian and non-bureaucratic

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Any Questions?

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