Pillars of Human Resource Management

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Pillars of Human Resource Management

• 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

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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)

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Broad Overview Important EEOC Laws (Noe, et al,
2006 and Kulik, 2004)
Enforcement Agency
Covers
Acts
Content / Requirements
XIII Amend.
Abolished slavery
Everyone
Court System
Employers gt15 employees (as well as labor unions
and employment agencies)
Prohibits discrimination based on race, color,
religion, sex, or national origin (applies to
majority, too)
Civil Rights Act (1964, 1991)Title VII
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
Forbids discrimination based on physical or
mental disabilities requires reasonable
accommodation of qualified applicants
Americans with Disabilities Act(1990)
EEOC
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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 gt2,500) to engage
  in affirmative action when hiring women and
  minorities. Overseen by Office of Federal
  Contract Compliance Procedures (OFCCP).

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Laws Discrimination (Cascio, 2006 Kulik, 2004
Noe, et al., 2006)
Reasonable Accommodation
Adverse Impact
Disparate Treatment

• Domain unintentional discrimination same
  standards had different consequences for groups
• Prima Facie Case statistical disparity (e.g.,
  4/5ths rule when selection rate for one group
  is lt80 of that for the highest selected group)
• equitable relief (e.g., back pay)

• Domain for intentional discrimination
  retaliation
• Prima Facie Case individual from protected
  group had proper job qualifications, was turned
  down, and the job remained open
• Employers Defense legitimate nondiscriminatory
  reason for decision or bona fide occupational
  qualification (BFOQ)
• compensatory and punitive damages

• Domain when reasonable accommodations are
  intentionally not met
• Prima Facie Case employee suffered adverse
  consequences for having a reasonable
  accommodation denied
• Employers Defense job-relatedness undue
  hardship or direct threat to health and safety
• compensatory and punitive damages

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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
  Veigas 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.

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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.

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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.

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

• 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).
• 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.

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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)
• 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)
• Organizations should be relatively egalitarian
  and non-bureaucratic

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Any Questions?