Unit III Annotated Bibliography

make sure its your own work and watch out for spelling errors and grammar errors. Please read the Chapter review.

Book Reference: Gomez-Mejia, L. R., Balkin, D. B., & Cardy, R. L. (2016). Managing human resources (8th ed.) [VitalSource Bookshelf version]. Retrieved from https://online.vitalsource.com/#/books/9780133953718 

 

Instructions

In Unit IV, you will write and submit a research paper that focuses on the following elements:

  • the role that human resources has in upholding legal responsibilities of an organization,
  • current equal employment opportunity laws,
  • differentiation between management of diversity and affirmative action, and
  • challenges in managing a diverse work team and examples of how the management of a diverse team can be improved.

In preparation for your research paper (due in Unit IV), you will conduct research and locate four articles to support your paper. Using the CSU Online Library, locate at least four peer-reviewed journal articles, one that supports each of the points listed above.

Submit a two- to three-page annotated bibliography of the four articles you will be using to support your research. Include an explanation of why the sources were selected and how they are of value to the topic. Use APA style for your annotated bibliography.

Resources

The following resource(s) may help you with this assignment.

 

Chapter 4

Managing Diversity(Please Read)

CHAPTER OVERVIEW                                                            

One of the greatest challenges facing organizations today is managing workforce diversity in a way that both respects the employees’ unique attitudes and promotes a shared sense of corporate identity.  This chapter explores the issues that are intrinsic to diversity management.  In the United States, as abroad, the design and implementation of HR programs cannot ignore the diverse nature of the workforce.  Thus, by the end of this chapter the reader should have a better grasp of diversity issues and how to handle them successfully.

What Is Diversity?                                                              

Diversity simply refers to human characteristics that make people different.  The sources of individual variations are complex, but they can generally be grouped into two categories:  those over which individuals have little or no control and those over which individuals have more control.  Unless effectively managed, diversity among employees may have a negative impact on productive teamwork.  Affirmative action is not diversity management.  Affirmative action emerged from government pressure on business to provide greater opportunities for women and minorities.  Managing diversity is an outgrowth of natural or environmental trends such as demographic changes and international competition.  Moreover, diversity is considered an asset in terms of improving organizational functioning and reflecting the customer market.

A.  Why Manage Employee Diversity?    

It is a potential source of competitive advantage.  

B.  Affirmative Action versus Managing Employee Diversity

There is a growing awareness that a key factor in corporate performance is how well nontraditional employees can be fully integrated and work effectively with one another.

C.  Demographic Trends     

The face of the workforce is changing rapidly and soon the majority groups will be minorities.

1.  Diversity as an asset. Firms must begin to see diversity as an asset. Diversity can improve organizational functioning by stimulating greater creativity, better problem solving, and greater system flexibility, which allows for a broader scope of information and set of skills that may be applied to a variety of situations.

2.  Marketing concerns. Most successful firms realize that effective management of diversity can lead to better marketing strategies for a global population.

D.  Diversity as Part of a Corporate Strategy

Many companies incorporate diversity into their corporate strategy instead of just a set of HR practices. Larger companies create a position called chief diversity officer to manage diversity.

II.     Challenges in Managing Employee Diversity                   

Diversity offers opportunities as well as challenges.  The challenges include appropriately valuing diversity, balancing individual needs and group fairness, dealing with resistance to change, ensuring group cohesiveness and open communication, avoiding employee resentment, keeping the focus on performance, retaining valued performers, and maximizing opportunity for all employees.

A.  Diversity versus Inclusiveness

Inclusiveness is replacing the term diversity because it is more focused on bringing people together as opposed to just a set of programs related to diversity.

B.  Individual versus Group Fairness

It can be a struggle for organizations to balance the needs of individual employees while maintaining fairness for all of the employees.

C.  Resistance to Change

Although diversity is becoming a necessity for organizations, individuals may experience initial resistance to change, which can create roadblocks for diverse groups.

D.  Group Cohesiveness and Interpersonal Conflict

As organizations become more diverse they experience more creativity and better problem-solving ability but they may also experience more conflict, as differing opinions can create interpersonal friction.

E.  Segmented Communication Networks

Segmented communication channels create three major problems: the organization cannot capitalize on the perspectives of diverse employees if they remain confined to their own groups, it is difficult to establish common ground across various groups, and women and minorities often miss opportunities for not being part of the mainstream communication network.

F.  Resentment

Forced change often leads to resentment as opposed to acceptance.

G.  Retention

Lower job satisfaction caused by the glass ceiling among minorities can lead to higher resignation rates and a loss of valuable talent for the organization.

H.  Competition for Opportunities

As minority numbers continue to grow, the competition for jobs and opportunities becomes much stronger, which can result in rising tensions among minorities vying for the same positions.

III.    Diversity in Organizations                                                

Diversity, such as race, ethnicity, and gender, tends to have a major impact on how people relate to one another.  In this section, groups that are most likely to be “left out” of the corporate mainstream are described and discussed.  Not all persons within these groups are “left out” and one individual may belong to several of these groups, thus limiting group-based descriptions.

A.  African Americans

African Americans face two potential problems in firms. The first is explicit, intentional racism and the second is less educational preparation than whites; but there is new information suggesting these trends are changing.

B.  Asian Americans

Although Asian Americans are well represented in the technical field and higher education institutions, they are underrepresented in top corporate positions.

C.  People with Disabilities

People with disabilities face four major problems at work: social acceptance, being seen as less capable, organizations fearing to put them in positions with responsibility, and an overestimation of the cost of accommodating individuals with disabilities.

D.  The Foreign Born

Although Americans tend to view immigration as a problem only in the United States, it is a global issue, with 200 million people working outside the country they were born in.

E.  Homosexuals

Being gay is not considered a protected class and only a few states have anti-discrimination laws.

F.  Latinos (Hispanic Americans)      

Latinos face a number of concerns in the U.S. workplace, and they include language barriers, cultural clashes, and racial discrimination.

G.  Older Workers

Starting around age 40, but increasing after age 50, employees encounter a number of barriers that may block career advancement.

H.  Religious Minorities

In some cases religious differences can lead to tension among employees, particularly if members of one religious group feel they are being treated unfairly. Organizations must learn how to navigate this touchy subject.

I.  Women

Women encounter a number of different issues that may account for wage differentials and lack of upward mobility. They include     biological constraints and social roles, a male-dominated corporate culture, exclusionary networks, and sexual harassment.

IV.    Improving the Management of Diversity            

Organizations that have made the greatest strides in successfully managing diversity tend to share a number of characteristics.  These are a commitment from top management to valuing diversity, diversity training programs, employee support groups, accommodation of family needs, senior mentoring and apprenticeship programs, communication standards, organized special activities, diversity audits, and a company policy holding managers accountable for diversity management success.

A.  Creating an Inclusive Organizational Culture

The shared values, beliefs, expectations, and norms prevalent in organizations are likely to have a major influence on the effectiveness of human resource management policies, and the management of employee diversity is particularly sensitive to this culture.

B.  Top-Management Commitment to Valuing Diversity

It is unlikely that division managers, middle managers, supervisors, and others in positions of authority will become champions of diversity unless they believe that the chief executive officer and those reporting to the CEO are totally committed to valuing diversity.

C.  Appraising and Rewarding Managers for Good Diversity Practices

Many companies now explicitly provide or withdraw incentives to managers depending on how well they fare on diversity incentives.

D.  Diversity Training Programs

Supervisors need to learn new skills that will enable them to manage and motivate a diverse workforce.

E.  Support Groups

Some employees perceive corporate life as insensitive to their culture and background, perhaps downright hostile. To counteract these feelings, some companies are including support groups.

F.  Accommodation of Family Needs

Firms can dramatically cut the turnover rate of their female employees if they are willing to help them handle a family and career simultaneously.

G.  Senior Mentoring Programs

Some companies encourage senior managers to identify promising women and minority employees and play an important role in nurturing their career progress.

H.  Apprenticeships

Apprenticeships are similar to mentor programs, except that promising prospective employees are groomed before they are actually hired on a permanent basis.

I.  Communication Standards

Certain styles of communicating may be offensive to women and minority employees. To avoid these problems, organizations should set communication standards that take into account the sensitivities of a diverse employee population.

J.  Diversity Audits

Often the root of an employee diversity problem is not immediately evident. In these instances, a diversity audit may be necessary to uncover possible sources of bias.

K.  Management Responsibility and Accountability

Management of diversity will not be a high priority and a formal business objective unless managers and supervisors are held accountable for implementing diversity management and rewarded for doing so successfully.

V.     Some Warnings                                                                         

Two potential pitfalls must be avoided if diversity management programs are to be successful.  These are avoiding the appearance of “white male bashing” and avoiding the promotion of stereotypes.  At the very least, management should continually emphasize the positive aspects of capitalizing on employee diversity by framing it as something that must be done to gain a competitive advantage and that it is in the best interest of all employees.  Also, managers must realize that they cannot draw conclusions about a particular person based simply on his or her group characteristics.  Differences between individuals within a given group are almost always greater than the typical differences between two groups.

A.  Avoiding the Appearance of “White Male Bashing”

Organizations should continually emphasize the positive aspects of capitalizing on diversity by framing it as something that (1) must be done to gain a competitive advantage and (2) is in the best interest of all employees.

B.  Avoiding the Promotion of Stereotypes

A potential danger in diversity programs is the inadvertent reinforcement of stereotypes and the belief that one can infer characteristics about an individual based on group memberships. Training and other diversity initiatives should promote inclusiveness as a way to unite people rather than see them as members of a particular group.

CHAPTER OVERVIEW                                                              

This chapter examines the aspects of HR law and regulations.  The goal is to identify and discuss the laws themselves and how best to comply with them and do what is best for the organization.  The chapter unveils why understanding the legal environment is important and the context in which HR regulation occurs.  The chapter further explores the challenges to legal compliance.  It ends with ways for the effective manager to avoid the pitfalls in the equal employment opportunity (EEO) legal environment.

Why Understanding the Legal Environment Is Important   

Understanding and complying with HR law is important for three reasons.  It helps the company to do the right thing, it helps to realize the limitations of the HR and legal departments, and it limits potential liability.

A.     Doing the Right Thing

Compliance with the law is the right thing to do.  The primary requirement of these laws is to mandate good management practice.  Operating within these laws has benefits beyond simple legal compliance.  Discriminatory practices not only create potential legal liability, but also lead to poor employee morale and low job satisfaction, which can lead to poor job performance.

B.     Realizing the Limitations of the HR and Legal Departments

If managers make poor decisions, the HR department will not always be able to resolve the situation.  Nor can a firm’s legal department solve problems created by managers.  The function of the legal department is to try to limit damage after it has already occurred. 

C.     Limiting Potential Liability

Considerable financial liabilities can occur when HR laws are broken or perceived to be broken.

II.     Challenges to Legal Compliance                                         

A dynamic legal landscape, complex laws, conflicting strategies for fair employment, and unintended consequences are among the challenges confronting managers attempting to comply with HR law.

A.     A Dynamic Legal Landscape

In addition to the many HR-related laws that have been passed, there have been a myriad of opinions handed down in court cases that have affected the HR legal environment.  The legal landscape is changing quickly.

B.     The Complexity of Laws

Each individual law is accompanied by a set of regulations that can be quite lengthy.  Nonetheless, the gist of most HR law is fairly straightforward.  Managers should be able to understand the basic intention of all such laws without too much difficulty.

III. Conflicting Strategies for Fair Employment                               

Society at large, political representatives, government employees, and judges all have different views regarding the best ways to achieve equitable HR laws. The goal of EEO legislation and government is fair employment. Two main strategies of achieving fair employment are discussed: “blind” hiring practices and affirmative action.

A.     Unintended Consequences

It is very common for a law, government program, or an organizational policy to have numerous unanticipated consequences, some of which turn out to be quite negative.  The challenge to managers is to anticipate and deal with both the intended and unintended consequences of law.

IV.    Equal Employment Opportunity Laws                         

The laws affecting HRM can be divided into two broad categories:  equal employment opportunity (EEO) laws and other laws.  The major EEO laws cut across nearly every aspect of managing human resources.  They include the Equal Pay Act of 1963 (EPA), Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).  The other laws tend to be more specifically focused.   They include laws governing union activities, safety and health, and so on.

A.     The Equal Pay Act of 1963

This law requires the same pay for men and women who do the same job in the same organization. The law specifies that jobs are the same if equal in four areas: effort, skill, responsibilities, and working conditions.

B.     Title VII of the Civil Rights Act of 1964   

1.  General Provisions: This mandates that the employment decision not be based on race, color, religion, sex, or national origin. The idea of a protected class was introduced in this legislation.

2.  Discrimination Defined: There are two types of discrimination, disparate treatment and adverse impact (also known as disparate impact). Disparate treatment occurs when individuals are treated differently because of their membership in a protected class. Adverse impact occurs when the equal application of an employment standard has an unequal effect on a protected class. Two important court cases are discussed: Griggs vs. Duke Power and Albemarle Paper Company vs. Moody.

C.  Defense of Discrimination Charges

The McDonnell-Douglas test and the four-fifths rule are techniques used to establish that discrimination may have occurred. There are several well-established defenses organizations can use to protect themselves from charges of discrimination. The following defenses are discussed: job relatedness, bona fide occupational qualification (BFOQ), seniority, and business necessity.

D.  Title VII and Pregnancy

         The Pregnancy Discrimination Act of 1978 requires employers to treat an employee who is pregnant the same way as any other employee who has a medical condition.

E.  Sexual Harassment

The types of sexual harassment are quid pro quo sexual harassment and hostile work environment sexual harassment. Failure on the organization’s part to investigate a sexual harassment complaint can result in employer liability if the case goes to court. The consequences of this can be very costly to the company.

F.  The Civil Rights Act of 1991

Congress believed that the Supreme Court was beginning to convolute the original purpose of the CRA of 1964. In response to this Congress passed a set of amendments to reaffirm and protect the rights of individuals in protected classes. Some of the most important aspects of the new legislation included a clearer definition of who bears the burden of proof, making quotas illegal, and allowing plaintiffs to sue for compensatory and punitive damages.

G.  Executive Order 11246

Issued by President Johnson, it prohibits discrimination against the same categories established by Title VII but goes beyond Title VII by requiring all government agencies and organizations with contracts of $50,000 or more with the federal government to create affirmative action plans to promote employment diversity.

H.  The Age Discrimination in Employment Act of 1967

This prohibits discrimination against people who are 40 or older.  The large majority of ADEA complaints are filed by employees who have been terminated. 

I.  The Americans with Disabilities Act of 1990               

The ADA has three major sections.  Title I contains the employment provisions.  Titles II and III concern the operation of state and local governments and places of public accommodation such as hotels, restaurants, and grocery stores.  ADA applies to all employers with 15 or more employees and prohibits discrimination against individuals with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation. This definition and its parts are broken down into greater detail.

  1. Individual with disabilities are people who have a physical or mental impairment that substantially affects one or more major life activities such as walking or speaking.
  2. Essential functions are job duties that every employee must do or must be able to do to be an effective employee. Marginal functions are job duties that are required of only some employees or that are not critical to job performance.
  3. Reasonable accommodation is an action taken to allow disabled employees to work for the employer.

J.  The Vocational Rehabilitation Act of 1973

 This is a precursor to the ADA of 1990 but it only applied to federal contractors. It required them to have an affirmative action plan.

K.  The Vietnam Era Veterans Readjustment Act of 1974

Federal contractors are prohibited from discriminating against Vietnam-era veterans and must create an affirmative action plan to promote employment decisions regarding this protected class.

V.     EEO Enforcement and Compliance                                 

The executive branch of the government is responsible for the enforcement of EEO Laws. 

         A.     Regulatory Agencies

                  In order to accomplish this, the executive branch establishes regulatory agencies.  Such agencies enforce EEO and other laws, attempt to resolve complaints, issue regulatory guidelines, and require organizations of 100 or more employees to file reports (EEO-1). 

  1. The Equal Employment Opportunity Commission (EEOC) has three major functions. The first is to investigate claims. If the claims are found valid the second function of the EEOC is to negotiate among the parties to reach a settlement that avoids a trial. This is called conciliation. The third purpose is to litigate on the behalf of the wronged individual if conciliation is not possible.
  2. The Office of Federal Contract Compliance Programs (OFCCP) is responsible for monitoring compliance with laws and executive orders that apply to the federal government and its contractors.  Many of the regulations written by the OFCCP are very similar to those issued by the EEOC.

B.     Affirmative Action Plan (AAP)

AAPs are required of government agencies and many federal contractors. There are three steps in an AAP. The first is a utilization analysis, which describes the organization’s current workforce relative to the pool of qualified workers in the labor force. The next step is creating goals and timetables for correcting an underutilization, and the last step is to create an AAP, which describes exactly what action will be taken. AAPs can result in reverse discrimination, which has received attention in the courts recently.                      

VI.    Other Important Laws                                                           

A.  Immigration Reform and Control Act of 1986

This act was intended to reduce the inflow of illegal immigrants to the United States. The law mandates employers only hire people legally allowed to work in the United States.

B.  Immigration Act of 1990

This act was created to make it easier for skilled immigrants to enter this country.

C.  Drug Free Workplace Act of 1988

The Drug Free Workplace Act requires federal contractors to attempt to ensure their workplaces are free from drug use. Employers are required to educate employees and to prevent illegal drug use.

D.  Uniformed Services Employment and Reemployment Rights Act of 1994

This act protects the rights of people who take short-term leave from private-sector employers to engage in military service. It also protects military personnel from discrimination in employment practices.

VII.  Avoiding Pitfalls in EEO                                                         

Almost any decision made by a manager that affects a worker’s employment status can be challenged in a court of law.  In most cases, sound management practices will not only help managers avoid EEO lawsuits but will contribute to the organization’s bottom line.  Five specific management practices are recommended: provide training, establish a compliant resolution process, document decisions, be honest, and ask only for information you need to know.

Chapter 4

Managing Diversity

CHAPTER OVERVIEW                                                            

One of the greatest challenges facing organizations today is managing workforce diversity in a way that both respects the employees’ unique attitudes and promotes a shared sense of corporate identity.  This chapter explores the issues that are intrinsic to diversity management.  In the United States, as abroad, the design and implementation of HR programs cannot ignore the diverse nature of the workforce.  Thus, by the end of this chapter the reader should have a better grasp of diversity issues and how to handle them successfully.

What Is Diversity?                                                              

Diversity simply refers to human characteristics that make people different.  The sources of individual variations are complex, but they can generally be grouped into two categories:  those over which individuals have little or no control and those over which individuals have more control.  Unless effectively managed, diversity among employees may have a negative impact on productive teamwork.  Affirmative action is not diversity management.  Affirmative action emerged from government pressure on business to provide greater opportunities for women and minorities.  Managing diversity is an outgrowth of natural or environmental trends such as demographic changes and international competition.  Moreover, diversity is considered an asset in terms of improving organizational functioning and reflecting the customer market.

A.  Why Manage Employee Diversity?    

It is a potential source of competitive advantage.  

B.  Affirmative Action versus Managing Employee Diversity

There is a growing awareness that a key factor in corporate performance is how well nontraditional employees can be fully integrated and work effectively with one another.

C.  Demographic Trends     

The face of the workforce is changing rapidly and soon the majority groups will be minorities.

1.  Diversity as an asset. Firms must begin to see diversity as an asset. Diversity can improve organizational functioning by stimulating greater creativity, better problem solving, and greater system flexibility, which allows for a broader scope of information and set of skills that may be applied to a variety of situations.

2.  Marketing concerns. Most successful firms realize that effective management of diversity can lead to better marketing strategies for a global population.

D.  Diversity as Part of a Corporate Strategy

Many companies incorporate diversity into their corporate strategy instead of just a set of HR practices. Larger companies create a position called chief diversity officer to manage diversity.

II.     Challenges in Managing Employee Diversity                   

Diversity offers opportunities as well as challenges.  The challenges include appropriately valuing diversity, balancing individual needs and group fairness, dealing with resistance to change, ensuring group cohesiveness and open communication, avoiding employee resentment, keeping the focus on performance, retaining valued performers, and maximizing opportunity for all employees.

A.  Diversity versus Inclusiveness

Inclusiveness is replacing the term diversity because it is more focused on bringing people together as opposed to just a set of programs related to diversity.

B.  Individual versus Group Fairness

It can be a struggle for organizations to balance the needs of individual employees while maintaining fairness for all of the employees.

C.  Resistance to Change

Although diversity is becoming a necessity for organizations, individuals may experience initial resistance to change, which can create roadblocks for diverse groups.

D.  Group Cohesiveness and Interpersonal Conflict

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