Pillars of HRM Sessions 2&3 (2006)

8/2/2019 Pillars of HRM Sessions 2&3 (2006)

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Pillars of Human Resource

ManagementI. Management Exercise

II. First PillarLegal

III.

Case Point: Fat ChanceIV. Second PillarHRM Practices

V. General Models for Diversity Management

VI. (If time): Moving to an Integration Model of Diversity


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Managerial Exercise Debriefing


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Broad Overview Important EEOC

Laws (Noe, et al, 2006 and Kulik, 2004)Acts

XIII Amend.

Content / Requirements CoversEnforcementAgency

Abolished slavery Everyone Court System

Civil Rights Act

(1964, 1991)

Title VII

Employers >15

employees (as well as

labor unions and

employment agencies)

Prohibits discrimination based on race,

color, religion, sex, or national origin(applies to majority, too)

Age

Discrimination in

Employment Act

(1967)

Forbids employment

discrimination based on age for

those 40 and older

Same as above

as well as

federal govt.

EEOC

Americans with

Disabilities Act

(1990)

EEOCForbids discrimination based on

physical or mental disabilities;

requires reasonable

accommodation of qualified

applicants


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

Pregnancy Discrimination Act (1978)amends CRA andtreats pregnancy as a temporary disability.

Family & Medical Leave Act (1993)employees can takeup to 12 weeks off (unpaid) to attend to various familymatters and still retain same or comparable (equal status &pay) job.

Executive Order 11246requires government agencies andfederal contractors (& subcontractors with contracts >$2,500)to engage in affirmative action when hiring women andminorities. Overseen by Office of Federal ContractCompliance Procedures (OFCCP).


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Laws & Discrimination (Cascio, 2006; Kulik, 2004;Noe, et al., 2006)

Disparate Treatment Adverse ImpactReasonable

Accommodation

Domain: for intentional

discrimination; retaliation

Prima Facie Case: individualfrom protected group had proper

job qualifications, was turned

down, and the job remained open

Employers Defense: legitimate

nondiscriminatory reason fordecision orbona fide

occupational qualification

(BFOQ)

$$: compensatory and punitive

damages

Domain: unintentional

discrimination; same standards

had different consequences for

groups

Prima Facie Case: statistical

disparity (e.g.,4/5ths rulewhen

selection rate for one group is


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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 corecompetencies (see Pfeffer & Veigas 7 best

practices).

Diversity management has begun to move awayfrom a predominantlypassive, legal stance to more

proactive (e.g., affirmative action),practice-basedstances. [However, many organizations still ignorethe problem].


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

1. Assimilation (Discrimination & Fairness)Paradigm - Organizations should be color blind. Hirediverse people but encourage similar behavior. (Most

dominant and closest to the legal model of managingdiversity).

Metaphor:

Advantages: Promotes fair hiring / gets diverseindividuals into the workplace.

Disadvantages: Does not transform diverse opinions intocreativity / innovation; may not do a good job inpromoting individuals. Employees can feel detached.


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2. Differentiation (Access & Legitimacy)Paradigmmatch diverse employees to nichemarkets. (Also a common modelthis 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 andknowledge does not impact the company as a whole.Employees can feel exploited and underutilized.


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3. Integration (Learning & Effectiveness)Paradigmcreates a diverse workforce and thenchanges business practices to reflect new cultural

learning (e.g., law company takes on language issues at work). Metaphor:

Advantages: Combines and extends advantages of firsttwo paradigms (recruitment and marketing niches) while

incorporating cultural knowledge learning to change howbusiness is done and fully harness diversity.

Disadvantages: Few benchmarks; high investment oforganizational resources.


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

1. Leaders must truly value and understand thechallenges and opportunities inherent indiversity(e.g., must be motivated by more than fear of compliance,

must value critique)2. Organizations must have have a culture that

supports & nourishes performance throughdiversity(e.g., expects high standards, stimulate personaldevelopment, encourage openness, have clear mission)

3. Organizations should be relatively egalitarianand non-bureaucratic

4.


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Any Questions?

Documents

Pillars of HRM Sessions 2&3 (2006)