discussion

Chapter 12. Employee Stakeholders: Privacy, Health, Wellness, and Safety

Chapter 13. Employment Discrimination, Diversity, and Inclusion

Initial Postings: Read and reflect on the assigned readings for the week. Then post what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding in each assigned textbook chapter.Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion.

Also, provide a graduate-level response to each of the following questions:

Create a general social media policy that could be used by multiple companies. You should consider the following questions when developing the social media policy: Will these companies be allowed to monitor employee posts/pages on social media sites? What privacy concerns does this raise? How should companies deal with leaks of confidential information, material which could lead to an adverse employment decision, defamatory communications concerning a company, etc. that were obtained through monitoring an employee’s social media site?

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?

Business & Society: Ethics,
Sustainability, and
Stakeholder Management,
11e
Chapter 12: Employee
Stakeholders: Privacy, Health,
Wellness, and Safety
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scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
1
Icebreaker: Can I Have Some Privacy?
Divide in small groups and discuss: In your own words, describe what privacy means and
what privacy protection companies should give employees.
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scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
2
Chapter Objectives (1 of 2)
By the end of this chapter, you should be able to:
1. Articulate the issues in the new workplace that are changing traditional
employer/employee relationships.
2. Understand concerns surrounding the employee’s right to privacy in the workplace,
including the use of employee information.
3. Recognize the issues surrounding workplace monitoring, including concerns with data
collection, technology, and the effects of being monitored.
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scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
3
Chapter Objectives (2 of 2)
4. Describe the issues related to integrity and drug testing in the workplace.
5. Elaborate on the right to health in the workplace, with particular reference to mental
health in the workplace, work-life balance, and smoking, vaping, and opioid use in
the workplace.
6. Understand safety issues, including violence in the workplace.
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scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
4
Privacy in the Workplace
• The nature of work changed during the global COVID-19 pandemic
• newer technologies
• a new workforce defined by virtual, remote workplaces
• a growing reliance on digital enterprises
• different expectations surrounding employee/employer relationships
• An employee’s right to privacy varies from state to state.
• Employee rights to safety and health is an area of growing intensity
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5
Unit 12.1
Privacy in the Workplace
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6
Four major workplace privacy issues
• Collection and use of employee information in personnel files
• Integrity testing
• Drug testing
• Monitoring of employee work, behavior, conversations, and location by electronic
means
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7
Collection and Use of Employee Information by
Employers
• Privacy Act of 1974 vs the USA Patriot Act
• Background checks and its limits:
• Ban-the-box
• Fair Chance to Compete for Jobs Act of 2019
• The use of consumer reports in the United States is governed under the Fair Credit
Reporting Act (FCRA) by the Federal Trade Commission (FTC).
• Americans with Disabilities Act: Medical information supplied to employers must be
relevant to the job and requires the applicant’s specific written consent.
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8
Guidelines on the Use of Background Checks
• Inform the individual in writing (but not in the application) that the information may be
used for employment decisions.
• Inform the individual about their right to an investigation description if the background
check includes an investigative report.
• Get written permission from the individual to do the background check.
• Certify to any outside background check provider (i.e., credit bureaus like Equifax or
Experian, or private agencies like GoodHire) that permission was obtained from the
individual and that FCRA requirements were followed.
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9
Workplace Monitoring
• Employee monitoring occurs at the majority of mid- to large-sized firms.
• Technology changed the pervasiveness and nature of monitoring
• Videotaping
• Recording phone calls and voice mail
• Reading computer files
• Monitoring emails and web access
• GPS
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10
What Can Be Monitored?
• The Electronic Communication Privacy Act of 1986 is the only privacy protection
available for electronic monitoring.
• The following may activities of employees working from home may be monitored:
• keeping track of what they type,
• recording Internet activity,
• taking screenshots,
• using a device’s webcam,
• noting which employees access what files and when,
• monitoring an employee’s physical location using GPS,
• and measuring the employee’s productivity, such as noting idle time.
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11
Effects of Being Monitored
• Invasion of privacy
• Unfair treatment
• Creates stress and tension
• Excessive pressure to be productive
• Produces low morale
• Creates a sense of job insecurity
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12
Guidelines on the Issue of Monitoring
• Choose metrics carefully by involving all relevant stakeholders, including new and old hiring
managers, supervisors, and those who are actually being monitored.
• Be transparent with your employees about what you’re monitoring and why.
• Offer carrots as well as sticks to link to productivity and reward “hustle.”
• Accept that very good workers will not always be able to do very good work all the time—
especially under present circumstances.
• Monitor your own systems to ensure that people of color and other vulnerable groups are not
disproportionately affected.
• Decrease monitoring when and where you can.
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13
Integrity Tests
• The Employee Polygraph Protection Act (EPPA) of 1988 Banned most private-sector use
of the lie detector.
• Lie detectors may still be used by employers that provide security services,
protection of nuclear facilities, shipment of toxic waste, and the like.
• Many companies use question and answer integrity tests (honesty tests).
• Personality tests measure maturity, extroversion, emotional stability, and the like.
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14
Guidelines on the Use of Integrity Tests
• They measure stable traits that will not change once the candidate has been working
for some length of time.
• They are normative in nature, which allows you to compare one candidate’s scores
against another.
• They have a “candidness” or “lie detector” scale so you understand how likely it is that
the results accurately portray the test-taker.
• They have high reliability and have been shown to be valid predictors of job
performance.
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15
Drug Testing (1 of 1)
• Drug testing is an umbrella term including drug and alcohol testing, and substance
abuse.
• Arguments for drug testing – drug use causes • accidents and injuries
• theft
• a propensity to make poor decisions
• deaths, injuries, ruined lives
• Employers have an ethical responsibility to employees and public to provide a safe
workplace, secure asset protection, and a safe place to transact business.
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16
Drug Testing ( 2 of 2)
• Arguments against drug testing –
• Violates due process rights
• Invades privacy rights
• False positives from common foods and medicines
• Cause reputational damage, lost income, and considerable expense to rebut
allegations
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17
Guidelines for Drug Testing
• Written policies, applied impartially.
• Clear reasons for drug testing should be
documented.
• Notify employees and applicants of drug testing,
the right to refuse, and the consequences of
refusal.
• If random testing, tell employees of the safety
and security needs that justify testing.
• All testing should be done uniformly and
impartially.
• Collection, transportation and analysis of
specimens should meet legal, technical, and
ethical requirements.
• Qualified review of positive results prior to
employer notification.
• Employee or applicant should be informed and
given the chance to explain before the employer
is notified.
• The report to employer should contain only the
information needed for work placement
purposes or as required for government
regulations.
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18
Policy Guidelines on the Issues of Privacy
• Obtain informed consent before acquiring information.
• Disclose the nature of any surveillance.
• Set controls to avoid unauthorized spread of information.
• Collect and use only job-relevant medical and health data.
• Require reasonable suspicion before doing drug tests.
• Respect and preserve the boundary between work and home.
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19
Discussion Activity 12.1.1
How has technology affected workplace privacy? What are the implications for the social
contract between firms and their employees?
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20
Discussion Activity 12.1.2
Enumerate the strengths and weaknesses of integrity test as a management toll for
decision making. Under what circumstances could management most legitimately argue
that integrity testing is necessary?
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21
Discussion Activity 12.1.3
Which two of the six policy guidelines on the issue of privacy presented in this chapter do
you think are the most important? Why?
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22
Discussion Activity 12.1.4
Should employers continue to do drug testing for things like marijuana, which continues
to be controversial with varying state laws? Why or why not?
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23
Unit 12.2
Health and Wellness in the Workplace
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24
Health and Wellness in the Workplace
• Health: “a state of complete physical, mental and social well-being and not merely the absence
of disease or infirmity (illness).
• Wellness: “the optimal state of health of individuals and groups.
• The COVID-19 pandemic has forever changed the way human resources professionals and
businesses approach health and wellness in the workforce.
• Fortunately, companies in the United States have become increasingly more sensitive about
health and wellness issues.
• In addition to addressing mental health, many companies offer health insurance that includes
weight loss, smoking cessation, or lifestyle coaching programs.
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25
Mental Health in the Workplace
• The coronavirus pandemic will be the most psychologically toxic disaster in anyone’s
lifetime.
• The stigma of mental health issues pervades workplaces and beyond.
• Mental Health, Athletes, and the Pressures to Perform: Is it ethical for employers to be
concerned about employees’ mental health or is this just a personal issue?
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26
Work-Life Balance and the Family-Friendly
Workplace
• Work-life balance—how working people manage their time spent at and outside of
work.
• Family-friendly benefits include:
• flex time,
• paid time off
• advancement opportunities
• child care
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27
Work-life balance is a cycle that requires the
following actions
• Pause and ask, “What is causing me stress or imbalance, and how are these circumstances
affecting how I engage with my job?”
• Pay attention to your emotions.
• Reprioritize—reflect on your activities and work on addressing priorities and ask, “What am I
willing to sacrifice and for how long?”
• Consider your alternatives and what can be changed, recognizing that improving the situation
takes time and experimentation.
• Implement changes and make a “public” change that explicitly shifts your colleagues’
expectations.
• Revisit the cycle again as part of a regular re-valuation for improvement.
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28
Family and Medical Leave Act
• Designed to make life easier for employees with family or health problems and is
continually revisited as the workplace changes.
• The law seems to work well when employees take up to 12 weeks of unpaid leave for a
close relative’s sickness or the birth or adoption of a child.
• Defining a serious medical condition has been a challenge.
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29
The Family Medical Leave Act
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30
Smoking, Vaping, Drug, and Alcohol Use in the
Workplace (1 of 2)
• Most states regulate smoking in the workplace to some degree, but there is no federal
law that governs smoking at work.
Drugs in the Workplace
• Construction workers are six times more likely than workers in other manufacturing,
industrial, and service industries to become addicted to opioids.
• Rise of addiction has only increased amid the isolation and limited access to support
clinics during the pandemic.
• Marijuana continues to top the list of the most commonly detected illicit substances
across all workforce categories.
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31
Smoking, Vaping, Drug, and Alcohol Use in the
Workplace (2 of 2)
Alcohol in the Workplace
• Alcohol use during work hours skyrocketed during the COVID-19 lockdowns when
employees began working from home.
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32
Guidelines on the Issues of Smoking, Vaping, and
Drug Use
• Testing works as a powerful deterrent and an effective way to identify people who need
help.
• NSC recommends employers build both short- and long-term responses.
• Employers need buy-in and engagement from leadership, management, human
resources, communications, and employees.
• Finally, employers must develop a comprehensive identification and treatment plan.
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33
Discussion Activity 12.2.1
Identify work-life balance issues that affect employees today. How has technology helped
or hindered the balancing act?
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34
Discussion Activity 12.2.2
Describe some of the challenges for employers assisting with mental health issues in the
workplace. How is this different from other health issues such as smoking, vaping, and
drug use? Should employers provide comprehensive health and wellness assistance for
all of these issues?
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35
Unit 12.3
Workplace Safety
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36
Workplace Safety
• The primary U.S. law governing worker safety is the Occupational Safety and Health
Act.
• Sets safety and health standards to protect employees and their families.
• Applies to all private employers that engage in interstate commerce.
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37
Workplace Safety Today
• One safety group provides the following seven most common causes of workplace
accidents:
• Shortcuts
• Overconfidence
• Poor or lack of housekeeping
• Starting a task before getting all necessary information
• Neglecting safety procedures
• Mental distractions
• Lack of preparation
• Beyond a legal obligation
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38
Right-to-know laws
• Many states have passed laws imposing a duty on employers to provide employees
with information on the hazards of workplace chemicals and to make sure that workers
understand what the information means in practical terms.
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39
OSHA’s Hazard Communication Standards
• Update inventories of hazardous chemicals in the workplace.
• Assemble material safety data sheets.
• Ensure that hazardous chemicals are properly labeled.
• Train workers on the use of hazardous chemicals.
• Prepare and maintain a written description of the hazard communication program.
• Consider any problems with trade secrets from the disclosure requirements.
• Review state requirements for hazard disclosure.
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40
Workplace Violence
• One of the four leading causes of death in the workplace.
• The leading cause of death for women.
• Despite this, nearly 70% of firms do not have a program to address workplace violence.
• Contributing factors:
• Greater tolerance for violence
• Easily available weapons
• Economic stress
• Difficult job market
• Insufficient support systems
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41
Who is Affected?
• Workers are most at risk who:
• exchange money with the public.
• deliver passengers, goods, or services.
• work alone or in small groups.
• work late at night or early morning.
• work in community settings with extensive public contact.
• work in high-crime areas.
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42
Prevention
• OSHA’s “general duty clause” mandates that employers provide safe workplaces– is not
specific to violent acts.
Employers are held liable for an unsafe act when • The employer neglected to keep the workplace free from a hazard.
• The hazard was one that is generally recognized by the employer or the industry.
• The hazard was already causing or likely to cause serious harm.
• Elimination or removal of the hazard was feasible.
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43
Discussion Activity 12.3.1
What are some of the central issues affecting workplace safety today?
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Discussion Activity 12.3.2
Identify the privacy, health, and due-process ramifications of violence in the workplace.
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45
Summary (1 of 2)
• Articulate the issues in the new workplace that are changing traditional
employer/employee relationships.
• Understand concerns surrounding the employee’s right to privacy in the workplace,
including the use of employee information.
• Recognize the issues surrounding workplace monitoring, including concerns with data
collection, technology, and the effects of being monitored.
Carroll/Brown, Business & Society: Ethics, Sustainability & Stakeholder Management; 11th Edition. © 2023 Cengage. All Rights Reserved. May not be
scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
46
Summary (2 of 2)
• Describe the issues related to integrity and drug testing in the workplace.
• Elaborate on the right to health in the workplace, with particular reference to mental
health in the workplace, work-life balance, and smoking, vaping, and opioid use in the
workplace.
• Understand safety issues, including violence in the workplace.
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scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
47
Business & Society: Ethics,
Sustainability, and
Stakeholder Management,
11e
Chapter 13: Employment
Discrimination, Diversity, and
Inclusion
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1
Icebreaker: Witnessing Discrimination at the
Workplace
Divided in small groups, discuss: Have you ever witnessed open racial discrimination at
the workplace, past or present? If not, then how about gender discrimination? If you did
NOT, does that mean your workplace was inclusive and diverse?
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2
Chapter Objectives (1 of 2)
By the end of this chapter, you should be able to:
1.
Discuss the concept of discrimination in the workforce and the evolution of its
current paradigm.
2.
Chronicle the U.S. civil rights movement and progress regarding protected employee
groups in the past 50 years.
3.
Outline the essentials of federal discrimination laws.
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3
Chapter Objectives (2 of 2)
4.
Define and provide examples of the expanded meanings of employment
discrimination including disparate treatment and disparate impact and issues in
employment discrimination relating to race, color, national origin, sex, age, religion,
sexual orientation, genetic information, and disability.
5.
Understand and discuss the concepts of diversity and inclusion in the workforce.
6.
Discuss the concept of affirmative action and current issues related to diversity
management.
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4
Unit 13.1
The Civil Rights Movement
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Employment Diversity and Discrimination
• Federal Protection: People are protected from discrimination based on race, color,
religion, national origin, sex, age, or disability.
• Several States & the District of Columbia: People are protected from discrimination
based on sexual orientation and gender identity.
• These “Protected” groups: Are protected by law, though it is often not enough.
Discrimination is difficult to identify and prove.
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6
The Civil Rights Movement (1 of 2)
• 1955 – Rosa Parks, a black woman, refused to give up her bus seat to a white man, and
was arrested.
• Protests and boycotts over unequal treatment grew and continued, and were met with
violence against the protestors.
• 1964 – The Civil Rights Act became law
• The 1970s – The Women’s Movement
• The 1980s – Gains for women and blacks
• The 1990s – Some progress, but problems remained
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7
The Civil Rights Movement (2 of 2)
The Civil Rights Movement: The 21st century – New challenges and old problems
• Me Too
• Black Lives Matter
Workplace discrimination is as urgent an issue as ever:
• Hispanics or Latinos make up 70 percent of the recent growth in the labor market.
• Job losses related to the COVID-19 pandemic hit women harder than men.
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Discussion Activity 13.1.1
Give two different definitions of discrimination and provide an example of each.
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Discussion Activity 13.1.2
What are protected groups, and how have these evolved over time?
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Discussion Activity 13.1.3
Is it important for a company to promote diversity and inclusion in the workplace? Why
or why not?
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Unit 13.2
Federal Laws Prohibiting Discrimination
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Federal Laws Prohibiting Discrimination
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Title VII of the Civil Rights Act of 1964
It is illegal under Title VII to discriminate in:
• Hiring and firing;
• Use of company facilities;
• Compensation, assignment, or
classification of employees;
• Training and apprenticeship
programs;
• Transfer, promotion, layoff, or recall;
• Fringe benefits;
• Job advertisements;
• Pay, retirement plans, and disability
leave; or
• Recruitment;
• Testing;
• Other terms and conditions of
employment.
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Age Discrimination in Employment Act
• The ADEA protects workers 40 years old and older from discrimination in:
• Hiring
• Discharge
• Pay
• Promotions
• Fringe benefits
• Other aspects of employment
• Does not apply where age is a bona fide occupational qualification (BFOQ).
• When a younger age is necessary and related to the position.
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Equal Pay Act of 1963
• Prohibits sex discrimination in payment of wages to women and men who perform
substantially equal work in the same establishment.
• Ledbetter v. Goodyear Tire & Rubber Co., 2007, heard by the Supreme Court.
• Lily Ledbetter was paid less than males for equal work, but did not discover it for
several years; the Supreme Court ruled she should have filed suit within 180 days,
the first payment date.
• In 2009, the Lily Ledbetter Fair Pay Act changed the law, so that suit may be brought
each time there is discrimination.
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16
Rehabilitation Act of 1973, Section 503
• Prohibits job discrimination on the basis of a disability.
• Applies to employers who contract with the federal government.
• Also requires these employers to engage in affirmative action to employ the disabled.
• A related act, the Vietnam Era Veterans Readjustment Assistance Act of 1974, also
prohibits discrimination on the basis of disability, and requires affirmative action.
• The Rehabilitation Act of 1973 was the model for the Americans With Disabilities Act
of 1990.
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17
Americans with Disabilities Act (ADA) (1 of 2)
• Prohibits discrimination based on physical or mental disabilities in private places of employment and in
public accommodations; requires employers to make reasonable accommodations for such employees.
• An individual is disabled under the Act if the person• Has a physical or mental impairment that limits one or more major life activities.
• Has a record of such an impairment.
• Or, is regarded as having such an impairment.
• Reasonable accommodations may include• Making facilities accessible
• Job restructuring, work schedule modification,
• Acquiring or modifying equipment or devices; providing training materials, readers, or interpreters
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Americans with Disabilities Act (ADA) (2 of 2)
• Pregnancy Discrimination – Pregnancy Discrimination Act of 1978, employers must
treat pregnancy and pregnancy-related medical conditions the same way as any other
medical disability with respect to all terms and conditions of employment.
• Fetal Protection Policies – Supreme Court ruled these constituted sex discrimination.
Firms barred women of childbearing age from working in sites in which they, or fetuses,
might be exposed to harm.
• Genetic Information Nondiscrimination Act – First preemptive civil rights law in U.S.
History. Designed to prevent genetics-based discrimination before it occurs.
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Civil Rights Act of 1991
• Provided increased financial damages and jury trials in cases of intentional
discrimination based on race, religion, sex, disability and national origin.
• Under the original Act, monetary awards were limited to back pay, lost benefits and
attorneys fees and costs.
• The 1991 Act permitted both compensatory and punitive damages.
• In addition, the Act shifted the burden of proof back to the employer.
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The Equal Employment Opportunity Commission
• Is the major federal body created to administer and enforce U.S. job bias laws.
• Investigates employment discrimination complaints.
• Makes equal employment opportunity policy.
• Enforces anti-discrimination laws through conciliation or federal lawsuits against
employers.
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Discussion Activity 13.2.1
Identify the major federal discrimination laws and indicate what they prohibit. Which
agency is primarily responsible for enforcing these laws?
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Discussion Activity 13.2.2
How has the Americans with Disabilities Act (ADA) evolved since its inception?
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Discussion Activity 13.2.3
Do you agree with the Genetic Information Nondiscrimination Act? Do companies have a
right to know and use genetic information about employees? Why or why not?
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Unit 13.3
Expanded Meanings of Employment Discrimination
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Expanded Meanings of Employment Discrimination
• Disparate (unequal) treatment • Intentionally using race, color, religion, sex, or national origin as a basis for treating people
differently.
• Disparate (adverse) impact • An employer’s practice results in fewer minorities being included in the outcome of testing,
hiring, or promotion practices than would be expected by numerical proportion.
• Four-fifths rule • If a member of a minority group does not have a success rate at least 80 percent that of the
majority group, the practice may be considered to have an adverse impact.
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Two Kinds of Employment Discrimination
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Unit 13.4
Issues in Employment Discrimination
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Issues in Employment Discrimination (1 of 7)
• Race, Color, and Ethnicity
• Inequality persists despite diversity efforts.
• May not be caused by discrimination
• Discrimination is different depending on race and ethnicity.
• Our increasingly diverse society makes some people hard to categorize.
• For example, there are many groups that make up Hispanics, though they have
different ancestry.
• Color bias is not the same as racial bias, though they overlap.
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Issues in Employment Discrimination (2 of 7)
Race, Color, and Ethnicity (cont’d.)
• How to promote racial justice and anti-discriminatory practices:
• Do a full audit
• Rethink leadership
• Standardize hiring
• Creating a pipeline
• Do not assume an annual diversity training will be enough
• Know that real change takes time
• Consider where exactly you can make a difference
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Issues in Employment Discrimination (3 of 7)
• Gender issues are different from those involving race, color and national origin.
• Major issues for women include:
• Getting out of traditional “women’s” jobs, and into professional and managerial
positions.
• Achieving pay commensurate with that of men.
• Eliminating sexual harassment.
• Being able to take maternity leave without losing their jobs.
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31
Issues in Employment Discrimination (4 of 7)
• Women in Professional/Managerial Positions –
• In 2015, only 4% of Fortune 500 firms were headed by women. 359 open CEO slots in 2015, women
filled 10. Lean In suggests women sabotage themselves.
• Equal Pay and Promotion –
• Equal pay and the gender pay gap is a hot-button issues for gender discrimination. Women are
presented with fewer opportunities, excluded from networking, and are passed over in favor of male
colleagues to answer questions.
• Sexual Harassment –
• Unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual
nature. Worldwide problem with negative consequences that are pervasive and ongoing.
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Issues in Employment Discrimination (5 of 7)
• Sexual harassment can occur in a variety of circumstances that include but are not limited to
the following:
• The victim as well as the harasser may be a woman or a man or LGBT.
• The victim does not have to be of the opposite sex.
• The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in
another area, a co-worker, or a nonemployee.
• The victim does not have to be the person harassed but could be anyone affected by the
offensive conduct.
• Unlawful sexual harassment may occur without economic injury to or discharge of the
victim.
• The harasser’s conduct must be unwelcome.
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33
Issues in Employment Discrimination (6 of 7)
Other Forms of Employment Discrimination:
• Religious discrimination: Growing quickly, complaints more than doubled in the past 15
years.
• Retaliation: One who complains of discrimination against another and is retaliated
against, may bring a complaint.
• Sexual Orientation and Gender Identity Discrimination: Corporations have been faster
than governments in instituting protections for lesbian, gay, bisexual and transgender
(LGBT) employees.
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Other Forms of Employment Discrimination
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Discussion Activity 13.4.1
How is it that women in business still face gender and pay gaps?
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Unit 13.5
Diversity and Inclusion in the Workforce
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Diversity and Inclusion in the Workforce
(1 of 3)
• Diversity management – assembling and then retaining workers from different
backgrounds and experiences that together create a more innovative and productive
workforce.
• Paradigm shifts
• Discrimination-and-fairness
• Access-and-legitimacy
• integration-and-learning
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Diversity and Inclusion in the Workforce
(2 of 3)
• The top ranked employer interventions include:
• Robust, well-crafted, and consistently followed antidiscrimination policies.
• Effective training to mitigate biases and increase cultural competency.
• Removing bias from evaluation and promotion decisions.
• The focus of businesses regarding diversity management is on providing inclusive
corporate cultures.
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39
Diversity and Inclusion in the Workforce
(3 of 3)
• Inclusive corporate cultures:
• setting clear expectations for managers supported by training
• identifying best practices and disseminating them while also celebrating them
publicly
• setting clear standards while holding people accountable
• tracking progress to determine where more time and focus are needed
• Diversity fatigue – companies fail to rethink management style and are simply “boxticking”.
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40
Discussion Activity 13.5.1
How have social movements affected business’s approach to discrimination, diversity,
and inclusion?
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41
Unit 13.6
Affirmative Action in the Workplace
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42
Affirmative Action in the Workforce
• Affirmative action is taking positive steps to hire and promote people from groups that
have been affected by a legacy of discrimination.
• Presidential Executive Order 11246 required federal contractors to employ affirmative
action.
• The underlying rationale for affirmative action is the principle of compensatory justice.
• Controversy has led to claims of “reverse discrimination.” Affirmative Action rephrased
as preferential treatment to minorities.
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Key Supreme Court Decisions on Affirmative Action
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Discussion Activity 13.6.1
Have the concept of diversity management, diversity, and inclusion supplanted the
concept of affirmative action in leading companies today?
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Unit 13.7
The Future of Diversity Management
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The Future of Diversity Management
• With the buying power of minority groups in the United States increasing dramatically,
there is further incentive for business’s achieving greater diversity.
• New analytical tools can provide opportunities to identify gender and race inequalities
in the workforce and offer some new opportunities for diversity management.
• New software tools allow companies to detect potential gender and race gaps in
outcomes like pay, recruitment, and promotion, given different inputs like training,
mentoring, and company policies and practices.
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47
Summary (1 of 2)
• Discuss the concept of discrimination in the workforce and the evolution of its current
paradigm.
• Chronicle the U.S. civil rights movement and progress regarding protected employee
groups in the past 50 years.
• Outline the essentials of federal discrimination laws.
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48
Summary (2 of 2)
• Define and provide examples of the expanded meanings of employment discrimination
including disparate treatment and disparate impact and issues in employment
discrimination relating to race, color, national origin, sex, age, religion, sexual
orientation, genetic information, and disability.
• Understand and discuss the concepts of diversity and inclusion in the workforce.
• Discuss the concept of affirmative action and current issues related to diversity
management.
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49