Week 14
Management Skills
Sensitive
Matters:
Discrimination
in Hiring, Firing
Sexual
Harassment
Why worry about these sensitive matters?
o
Risk
of litigation
o
Particularly
vulnerable in areas of:
q
Hiring
q
Firing
o
Morale
effects
o
Ability
to attract, retain high caliber employees
Discrimination
o
Unfair
treatment based on:
q
Minority status
q
Sexual preference
q
Religion
q
Ethnicity
q
Gender
q
Physical characteristics and/or
abilities
q
Age
Subcategories of discrimination:
o
Sexual
harassment,
o
Parenting
leave,
o
Reproductive
hazards in the workplace,
o
Equal
pay
Manifestation of discrimination:
o
In
the workplace:
q
Selection
q
Recruitment
q
Promotion
q
Salary raises and cuts
q
Demotions
o
(3)
specific practices :
q
Wage Discrimination,
q
Devaluation of jobs,
q
Job placement discrimination.
Gender
Discrimination:
o
Treating
an employee differently because of gender.
Job placement discrimination:
o
Whether
or not women are hired,
o
Jobs
to which they are initially assigned,
o
Jobs
to which they are promoted.
Statutes
and Laws Involving Discrimination in the Federal Level
o
1.
Title VII of the Civil Rights Act of 1964
o
2. The
Civil Rights Act of 1991
o
3. The
Family and Medical Leave Act of 1993
o
4. The
Equal Pay Act of 1963
o
5.
Title IX of the Education Amendment of 1972
o
6. The
fifth amendment to the Constitution (equal protection in federal employment)
o
7. The
fourteenth amendment to the Constitution
o
8.
Executive Order 11246, relating to government contractors
o
9.
State and local level laws, acts, ordinances.
o
10.
Age discrimination Act of 1967
Hiring
and Firing video’s:
o
See
notes handed out in class
o
We’ll
pick up on first video with discussion of what NOT to ask in recruitment,
selection processes
o
We’ll
watch all of the 2nd video
o
Focus
on:
q
Systems you need to set up
q
Things to AVOID
Hiring
and Firing debriefing:
o
Emphasis
on what NOT to do
o
Respectful
treatment should be the overriding goal
o
Examine
the goals of the organization and conduct job analyses that fit them
o
If
necessary examine your HR systems and make changes
Sexual
Harassment is about power
POWER
=
Capacity
to influence the behavior of another so that the other does things they would
not otherwise do.
Sexual
Harassment
o
Unwanted
advances
o
Requests
for sexual favors
o
Verbal
and physical conduct of a sexual nature
Myths about
Sexual Harassment: (American
Psychological Association (APA))
o
Sexual
Harassment is rare.
o
40
to 60 % of working women are effected.
o
Revolves
mostly around flirtation.
o
NO…
offensive, frightening, insulting behaviors.
o
Most
claims are false.
o
Less
than 1% are deemed to be false.
o
Hard
to find legal protection.
o
NO…
violation of Title VII of Civil Rights Act
Title
VII of Civil Rights Act:
o
Unwelcome
sexual advances, requests for sexual favors, other verbal or physical conduct
of a sexual nature constitute sexual harassment when:
o
Submission
to conduct is made either explicitly or implicitly a term or condition of an
individual’s employment;
o
Submission
to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
o
Such
conduct has the purpose or effect of substantial interfering with an
individual’s work performance or creating an intimidating, hostile or
offensive work environment.
2
primary forms of harassment:
o
Quid
pro quo
o
Environmental
Most common
harassing violations?
o
Gender
Harassment:
q
Generalized sexist statements and
behavior that convey insulting or degrading attitudes about women. E.g. insulting remarks, offensive graffiti, obscene jokes or
humor about sex.
o
Seductive
Behavior: Phone
calls, letters, etc.
o
Sexual
Bribery: Promise
of reward
o
Sexual
Coercion: Threat
of punishment
o
Sexual
Imposition: Gross
sexual contact
Sexual
harassment video
o
See
notes handed out in class.
o
Focus
on:
q
Types of harassment
q
Assessment of what IS and what
is NOT considered sexual harassment.
Video
Clip of Seinfeld Show Lawsuit
Follow-up
to Seinfield show:
o
What
should Miller have done?
o
What
could Miller do to prevent the bad press that went along with this case?
q
What POLICY implications does this case
suggest?
q
What AVENUES should be set in place at
Miller to avoid this kind of explosive coverage?
Questions for reading packet:
1.
Yes, the CAN fire you. Fortune
(10/26/98)
a.
Review the cases of Carlos Gomariz and defend the court’s ruling, using what
you know about the law.
b.
A cafeteria worker at SUNY Brockport gets fired for wearing green every day
(Matt Mumford’s favorite color.) Is this legal?
c.
WHICH state of the union appears to provide the least amount of protection for
employers? That is, which state
fails to protect employers from firing for any and all reasons?
d.
What other information in this article was particularly interesting to you?
2.
How to recover from a firing. Fortune
(12/7/98)
a.
Summarize the factors that exist in our current work environment that seem to
CREATE more of a need to learn about how to recover from a firing.
b.
Discuss the (5) recommended steps to recover from a firing that are listed in
this article.
c.
What other information in this article was particularly interesting to you?
3.
How to prepare yourself and your boss for talks about a raise.
(WSJ 9/1/98)
a.
What can we learn from Wesley Millican regarding getting a raise?
b.
WHAT should you make clear to the employer, when asking for a raise?
c.
WHY are companies today so worried about RETENTION?
d.
What other information in this article was particularly interesting to you?
4.
How to get the raise you deserve. (Fortune 9/7/98)
a.
How do you know if the time is right for a raise in your company?
b.
Take the “Call me indispensable” quiz.
Were the members of your group highly rated?
c.
What OTHER benefits could be used, instead of compensation raises, to motivate
employees?
d.
What other information in this article was particularly interesting to you?
5.
Were you a victim of discrimination? (WSJ online)
a.
How do these authors define discrimination in the workplace?
b.
How do you know if you’re a member of a “protected class?”
c.
What constitutes “evidence,” in terms of making a case for discrimination?
d.
What is the McDonnell-Douglas test?
e.
I’m in a protected class. I get
fired, and the organization hires someone that is very similar to me, in terms
of age, race, experience, etc. Can
I still claim discrimination in firing?
f.
What legal relief does a person who has been discriminated against have?
g.
What other information in this article was particularly interesting to you?
Combine
6, 7, 8 in class discussion:
6.
Are you being held back by discrimination?
(Fortune 8/16/99)
a.
Why is the author critical of diversity programs?
b.
In this article there is mention of a “realm of influence.”
In what way/s does this remind you of the Stephen Covey book?
c.
What other information in this article was particularly interesting to you?
7.
An ADA interview checklist for hiring managers.
(WSJ online)
a.
Any surprised here?
b.
Do you think these requirement stand in the way of disabled persons’ ability
to GET jobs?
c.
What other information in this article was particularly interesting to you?
8.
Avoiding illegal interview questions. (WSJ
online)
a.
What information is NEW to you? That is, in what way does this article EXTEND what we’ve
already learned about interview questions?
b.
What is SHRM?
c.
What other information in this article was particularly interesting to you?