HRM Week 6 2011.02.15 BB Handouts

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College of Public HealthCollege of Public Health

HSRA 841/CPH 562HSRA 841/CPH 562Public Human Resources ManagementPublic Human Resources Management

Spring 2011

HSRA 841/CPH 562HSRA 841/CPH 562Public Human Resour ces ManagementPublic Human Resour ces Management

The Legal and EthicalEnvironment of

February 15, 2011

Human Resources Management

Nizar Nizar WehbiWehbi, , MD, MPH, MBAMD, MPH, MBA

ObjectivesObjectives

Understand the legal impact on human resourcesmanagement practicesUnderstand the major federal and local labor

laws and regulationsIdentify causes, aspects and ways to avoiddiscriminations in the work placeUnderstand the major elements of employment

Acts (Americans with Disabilities Act, UniformedServices Employment and Reemployment Rights

Act, HIPPA Act…)



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Employment-at-Will

Termination of Agency orTermination of Agency orEmployment ContractEmployment Contract

Contracts that do not specify adefinite time for termination may beterminated at will by either partyw ou a y.

Principal revokes authority . Agent renounces authority .

Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.

EmploymentEmployment- -atat--WillWill

Unwritten contract created whenemployee agrees to work for employer No agreement as to how long parties

expect employment to last Approximately 2 of every 3 U.S. workersdepend almost entirely on continuedgoodwill of employer

Mondy, Human Resources Management, 2010 Pearson



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Employment-at-will

Termination without causeChoice of employer or employeeSub ect to anti-discrimination statutes Unless there is an implied contract

St. Francis Regional Medical Center had to pay $552, 756

The contract stated “mutually acceptable”

Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar

Exceptions to employment-at-will1. Contract for a specified time/term

2. Implied contract


.

4. Fair dealing and good faith


Implied contractPersonnel manual/employee handbook

Employers can avoid that by adding cleardisclaimer not a contract


Medical staff bylaws not a contractJust for privileges purposes




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Public policy exception Activity protected by specific state law

Reporting abuse in a nursing homeTrying to improve patient care or quality doesnot qualify


Minority endorses a broader scopeBeing asked to perform services you are not qualified todo

“Whistleblower statute ”Reporting misconduct


Fair dealing and good faithImplied duty of fair dealing and good faith

Crenshaw v. Bozeman Deaconess Hospital

i l ili i i


i l ili i iterminating employee

Not extended to physiciansEqual bargaining position between a hospital and awell-educated doctor


How Employers Can Protect ThemselvesHow Employers Can Protect Themselves

No statements suggesting job security orpermanent employment

Avoiding statements during job interviews,such as “You can ex ect to hold this ob as long as you want” - Could be considered acontractual agreement

A person should not be employed without asigned acknowledgment of the at-willdisclaimer




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How Employers Can Protect ThemselvesHow Employers Can Protect Themselves(Cont.)(Cont.)

Clearly defining worker’s duties

Providing good feedback on a regularbasis

Conducting realistic performanceappraisals on a regular basis

There is no law involving ethicalconsiderations for employment at will


False Claims Ac t

s e- ower c

WhistleWhistle--BlowersBlowers

A whistleblower is a person who raises a concernabout alleged wrongdoing occurring in agovernmental entity or a private or publiccorporation or an organization that is expected, by

the public at large, to be operating within thebounds of the law

Whistleblowers may make their allegationsinternally (for example, to other people within theaccused organization) orexternally (to regulators, law enforcement agencies, tothe media or to groups concerned with the issues).



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WhistleWhistle--BlowersBlowers

Qui tam An abbreviation from the Latin “qui tam prodomino rege quam pro sic ipso in hoc partesequitur” meaning “ who as well for the king as forhimself sues in this matter.” Provision in False Claims Act (allowsindividuals to sue)Whistleblower protectionRelator sues in the name of thegovernment15-30% of triple damages recovered

Protection from RetaliationProtection from Retaliation

If terminated, the whistle-blower entitled to reinstatement with seniority

twice the amount of back pay owed

interest on back pay

compensation for any special damagessustained as a result of discriminatorytreatment

Readings



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Privacy in the Workplace

Workplace SearchesWorkplace Searches

A private employee who has noproperty interest in an area searchedcontinues to have privacy rights

employee consent or a search warrantmay still be valid if the search meets“standard of reasonableness under allof the circumstances.”

Workplace SurveillanceWorkplace Surveillance

Cameras, microphones, swipe cards,computer access, telephone, mail, e-mail, lockers, RFID (Radio Frequency

IdentificationEmployers use it to ensure safety,protect trade secrets, prevent theft,enhance productivity, detectingdiscriminatory or illegal behavior



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Readings

DiscussionDiscussion

Do you think employees will be underpressure to get the RFID?

What about Employee Privacy?

Should /Could the employer monitor theiremployees? Swipe cards??

What about internet access?

Healthcare Organizations

mp oyees



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Drug TestingDrug Testing

Access to controlled substances

Pre-employment requirement/Random drug testingShould be confidentialDetermine a priori what consequencesare

DisciplineEAPTreatment/Rehab

Health Insurance Portability andHealth Insurance Portability and Accountabil it y Act (HIPAA) of 1996 Accountabil it y Act (HIPAA) of 1996

HIPAA Privac Rules re ulate the useof Protected Health Information (PHI)

Protected Health Information (PHI)Protected Health Information (PHI)

Protected Health Information (PHI) isindividually identifiable healthinformation

Medical RecordsPrescriptionsBilling StatementsPhotographs

Conversations about patients



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HIPAA ViolationsHIPAA Violations

Accessing PHI in any form, without aneed to know the information to performthe job-related responsibilities

Disclosing patient information to others

The violation occurs when there isimproper access the informationregardless of the intent

What would you do?What would you do?

You are the Director of HR. You just gotinto the elevator in the hospital whereyou work.

You heard one of the people in theelevator telling another: “I asked myfriend to look up his test results. I wasshocked to know that he has terminalcancer.”

Obligation to ReportObligation to Report

http://www.unmc.edu/hipaa/docs/HIPAA_ObligationToReport_Color.pdf



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Examples o f HIPAA ViolationsExamples o f HIPAA Violations

Discussing patient care on socialnetworking sites even if no patientnames are used

information systems

Accessing patient information without aneed to knowDisposing of confidential informationinappropriately

There are serious consequences forimproperly accessing or disclosing PHI

Civil Penalties

HIPAA Violati ons ConsequencesHIPAA Violati ons Consequences

rom o , per v o a on

http://www.ama-assn.org



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Criminal PenaltiesCovered entities and specified individuals, as explainedbelow, whom "knowingly" obtain or disclose individuallyidentifiable health information in violation of the

Administrative Simplification Regulations face a fine of up to$50,000, as well as imprisonment up to one year .

i l ll l i

HIPAA Violati ons ConsequencesHIPAA Violati ons Consequences

i l ll l ito be increased to a $100,000 fine, with up to five years inprison .Finally, offenses committed with the intent to sell, transfer,or use individually identifiable health information forcommercial advantage, personal gain or malicious harmpermit fines of $250,000, and imprisonment for up to tenyears.

http://www.ama-assn.org

http://hipaahealthlaw.foxrothschild.com/

Equal Employment OpportunityEqual Employment OpportunityCommiss ion (EEOC)Commiss ion (EEOC)

Filing Charges Alternative Dispute Resolution



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Equal Employment OpportunityEqual Employment OpportunityCommiss ion (EEOC)Commiss ion (EEOC)

Title VII of Civil Rights Act, asamended, created the EEOC.

EEOC action.www.EEOC.gov

Procedure and RemediesProcedure and Remedies

Aggrieved person must first file charge withEEOC.

EEOC may choose to take action, or Issue right to sue letter.

uccess u p a n can recover:Back pay and reasonable attorneys’ feesPossible equitable relief, including reinstatementand seniorityPunitive damages for intentional discrimination

Filing a Charge of Employment DiscriminationFiling a Charge of Employment Discrimination

Bohlander, Managing Human Resources, 15th ed, 2010 South-Western



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Equal Employment OpportunityEqual Employment OpportunityCommission (Cont.)Commission (Cont.)

Some factors that determine whether

EEOC will pursue litigation are(1) number of people affected by alleged practice(2) amount of money involved in charge(3) other charges against employer; and(4) type of charge.

EEOC files suit in only about 1% ofcharges

Al ternat ive Alternat ive Dispute Resolut ionDispute Resolution

Procedure where employee andcompany agree problems will beaddressed by agreed-upon meansahead of time

Uses range from racial, gender, andage discrimination to unfair firings

Al ternat ive Dispute Resolut ion (ADR) Al ternat ive Dispute Resolut ion (ADR)

Resolving disputes through waysother than litigation

Due to the high legal expensesDifficulty of bringing a lawsuit



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Mediationedi tion

Alt ernative Di spute Resol ut ion (ADR Alt ernative Di spute Resol ut ion (ADR) )

Negotiation Arbitration

Conciliation

Mini-trial

Fact-FindingJudicialReferee

Conciliation


Arbi tr ation Arbi tration

Common in commercial and labordisputesParties choose neutral third party to hearevidence and testimony and decide thecase

Arbitrator makes a decision and enters anaward

Arbitration can be binding or non-binding


Mediation and ConciliationMediation and Conciliation

MediationParties choose a neutral third party to assistthem.Parties reach settlement.

award.

ConciliationParties use an interested third party to act asmediator.




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MiniMini--trialtrial

Short session in which lawyers for

each side present their cases torepresentatives of each party who

dispute


FactFact--FindingFinding

Process in which the parties hire aneutral party to investigate the disputeand report findings back to both sides


Judicial RefereeJudicial Referee

Court-appointed referee whoconducts a private trial andrenders a judgment




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Online Dispute ResolutionOnline Dispute Resolution

Register with ADR service provider online.

Service provider notifies other party byemail.

- aim of settling dispute, or online mediatormay be involved.“Chat rooms” used in process.May be quicker, cheaper, and lessadversarial than traditional methods.


Ethics in HumanEthics in HumanResourceResource

ManagementManagement

WhatWhat is ETHICS?is ETHICS?

Origin: the Greek word ethos meaningmoral custom

The study of the general nature of

morals and of the specific moralchoices to be made by the individual inhis relationship to others.



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What is ETHICS?What is ETHICS?

Rules or standards governing the conduct

of the members of a profession Any set of moral principles or values

conduct with an emphasis on determiningright and wrong.

The systematic study of general principlesof right and wrong behavior.

ETHICSETHICS

Is an evolving process

Does not stay the same in most cultures

Is a science of right and wrong

Provides guidelines for behavior

Commonly interchanged with morals

Has no easy answers

Ac ting Ethically Ac ting Ethically

“To act ethically is, at the very least, tostrive to act in ways that do not hurtother people; that respect their dignity,

individuality, and uniquely moral values;and that treat others as equally importantas oneself.”

Pfeiffer and Forsberg, 1993



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Fiduciary DutyFiduciary Duty

A person with superior knowledge andexpertise has an obligation to act in thebest interests of a beneficiary

Loyalty – interests of beneficiary over self – – , ,

diligence Act with honesty, good faith, and fidelity

A manager has an ethical and legalfiduciary relationship with the organizationhe/she is working for.

Philosophical TheoriesPhilosophical Theories

Utilitarian Theory

Categorical Imperative/Principle of Rights

Distributive Justice

Ethics of Care

Aristotle’s Virtue Ethics

Ethical Relativism

Principles of UtilitarianismPrinciples of Utilitarianism

The action taken is ethical if it produces the mostgood and the least harm for everyone affected.

Judgment is based on a cost/benefit analysis.

Focus is on the results of the action, not on howthe results are achieved.

Assumes the end justifies the means.



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Principles of the Categorical ImperativePrinciples of the Categorical Imperative

Sometimes called the Principle of Rights .

An action is ethical because the individualengaging in the action has a moral right to do so.

A right is an entitlement intended to protectsomeone’s interests.

The Golden Rule:You should engage in an action only if you agreeeveryone else should do it, too.

What if the actions were reversed? You should be willingto have the action done to you.

Principles of the Distrib utive JusticePrinciples of the Distrib utive Justice

What is socially just with respect to the allocationof goods in a society

Allocation of goods takes into consideration thetotal amount of goods to be handed out.

Civilizations have a narrow amount of resourcesand capital; the problem arises on how the goodsshould be divided.

The common answer to this question is that everyindividual receives a fair share.

Principles of the Ethics of CarePrinciples of the Ethics of Care

The morally correct action is one thatappropriately cares for the individualsinvolved.

A erson’s moral obli ations are not to follow impartial principles but rather to carefor the good of particular individuals.

This theory emphasizes specialrelationships.



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Principles of Aristot le’s Virtue EthicsPrinciples of Aristot le’s Virtue Ethics

The morally correct action is the one that displaysgood character virtues.

A virtue is a character trait that manifests itself inthe actions of the individual.

Virtues are traits such as:Honesty

Fairness

Integrity

Loyalty

Principles of Ethical RelativismPrinciples of Ethical Relativism

Relativism claims there are no universal ethicalprinciples. Each society determines what ismorally right and wrong.

Because different societies have different moral,

action is morally right or wrong.

Therefore, it would not make sense to criticize anystandards in a society as long as its membersconform to the standards.

Moral DevelopmentMoral Developmentand Making Ethicaland Making Ethical



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Are Et hics and Mo rals the Same? Are Et hics and Mo rals the Same?

Ethics refers to the systematic study of generalprinciples of right and wrong behavior.

Morals and morality describe specific, culturallytransmitted standards of right and wrong.

Both ethics and morality involve decisions aboutright and wrong.

Johnson, (2007).

SHRM© 2010

Moral DevelopmentMoral Development

Are individuals born with moral judgment or,like language, does it develop over time?

How does moral reasoning develop?

Jean Pia et’s two sta es of moraldevelopment.

Lawrence Kohlberg’s six stages of moraldevelopment.

SHRM© 2010

Kohlberg’s Six Stages of MoralKohlberg’s Six Stages of MoralDevelopmentDevelopment

Stage 1: Heteronomous MoralityObedience and punishment orientation.Motivated by fear of punishment only.No concern with the interests of others.

’ i i l i i l .

Stage 2: IndividualismEgoistic. Actions based on self-interest.Will follow the rules if it is in own self-interest.Motivated by incentives or fear of punishment.Right is “what’s fair” or an equal exchange.

SHRM© 2010



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Stage 3: Conformity and RelationshipsMutual relationships, desire to be a good person.

Approval-oriented, conforms to the majority.Living up to what is expected by people close to you.

Stage 4: Social System and ConscienceRespect for authority, maintaining the social order.Laws are to be upheld.Values institutions and the social system as a whole.Empathy for individuals with whom he/she interacts.

SHRM© 2010


Stage 5: Social Contract and Individual Rights Acceptance of fundamental values and rights.Willing to make personal sacrifices if sacrifice will producebenefit for others.Unlikely to engage in unethical behavior.

Stage 6: Universal Ethical PrinciplesIndividual chooses to live life according to universal moralprinciples; i.e., justice, human rights, respect for individualdignity.Unlikely to engage in unethical behavior.

Acts according to ideals regardless of the reactions ofothers; the whistleblower.

SHRM© 2010

Moral Judgment and Moral ConductMoral Judgment and Moral Conduct

Is there a link between moral judgmentand ethical behavior?

embodies their moral judgment?

SHRM© 2010



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What Makes Moral PeopleWhat Makes Moral PeopleBehave Unethically ?Behave Unethically ?

What Makes Moral PeopleWhat Makes Moral PeopleBehave Unethically?Behave Unethically?

Research findings:

The desire to conform to one’s peers.

.

Rigid hierarchy.

Fear, insecurity.

Ambition.

SHRM© 2010

What Makes Moral People BehaveWhat Makes Moral People BehaveUnethically at Work?Unethically at Work?

Because ethical action takes place ina social context, situational variablesheavily influence ethical behavior.

.Organizational culture.Immediate job context.

SHRM© 2010



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Unethical Behavior in the WorkplaceUnethical Behavior in the Workplace

What makes people engage in unethicalbehavior?

Insecurity, fear of job loss.Downsizing, mergers, hostile takeovers, “rank and yank”performance evaluation systems.

Psychological insecurity.Bosses who are threatening and controlling.Competitive environment.

Materialistic focus.Focus on the bottom-line concerns above values.Bonus pay systems with earnings “at risk.”Large pay disparities between levels.

SHRM© 2010

Making Ethical DecisionsMaking Ethical Decisions

Why are ethical decisions sodifficult?

No one clear solution.

ompe ng n eress.

Many unknowns.

Pressure

SHRM© 2010

Ethical Decision MakingEthical Decision Making

Recognize an ethical issue (ethical dilemma)

Get the facts.

Identify alternative actions.

Make a decision and test it.

Act and reflect on the outcome.

Source: Markkula Center for Applied Ethics



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Using the Principles of Ethical Theories toUsing the Principles of Ethical Theories toEvaluate Your OptionsEvaluate Your Options

UtilitarianWhich option will produce the most good and do the leastharm?

Categorical Imperative/RightsWhich option best respects the rights of all stakeholders?

Distributive JusticeWhich option produces a fair distribution of benefits and costsfor all stakeholders?

CaringWhich option cares for people with whom you have a specialrelationship?

VirtueWhich option leads you to act as the sort of person you want tobe?

SHRM© 2010

Human Resource ManagementHuman Resource Managementand Ethical Organizationsand Ethical Organizations

Ethics Compliance ProgramsEthics Compliance Programs

Written code of ethics.

Written standards of conduct.

Ethics training.

Mechanism for employees seeking advice.Reporting network where employees can reportinappropriate behavior without fear of retaliation.

Ethical behavior as a part of the performanceappraisal system.

Discipline for violating ethical standards.

SHRM© 2010



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Creating a Cultur e of EthicsCreating a Cultur e of Ethics

It’s not the compliance program–it’s the culture.

Management sets the tone.Managers must model ethical behavior. They must “walkthe talk.”Em lo ees musttrustmana ement atall levelsl ll l l .Employees learn appropriate behavior by what they seemanagers doing.The importance of ethics must be communicated at alllevels of the organization.Reward ethical behavior. Assess how the job was done,not just “making the numbers.”

SHRM© 2010

HR’s Role in Organizational EthicsHR’s Role in Organizational Ethics

Develop policies.

Communicate with employees.

Provide training.

Handle inquiries.

Provide assistance in resolving difficultsituations.

SHRM© 2010

Fostering Ethical OrganizationsFostering Ethical Organizations

Align organizational systems to support ethics.Ethics must be an integral part of the organization’s strategy andvalues.

Organization leaders must champion ethics.Management sets the tone.

i i i i .

Champion diversity and equity across theorganization.Ensure stakeholder balance that addressesconflicting interests.Focus on the long-term perspective.

SHRM© 2010



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Staffing: Recruitment and Selection

Ensure equal opportunity practices.Recruit ethically responsible people.

Make ethics a selection criteria.

Interview for ethical values.

SHRM© 2010


HR DevelopmentProvide ethics training for all employees.Ensure equal access to development andcareer opportunities.

er ormance managemen an emp oyeeappraisal.

Balanced scorecard assessment. Appraise ethical behavior as well as taskaccomplishment. “Hitting the numbers” is not enough.Give employees specifics on how to improve.

SHRM© 2010


Compensation and Reward Systems

Decrease pay inequities.Control executive compensation.

Reward group or organization success.

Provide incentives for coo eration. .Gainsharing.

Focus on intrinsic motivation.Continuous learningQuality management

SHRM© 2010



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Employee Safety and Health

Ensure safety goes beyond compliance.

Make health and safety a priority and not justwords on paper.

Provide safety training and protectiveequipment.

Incorporate policies that protect employeesand the organization from risk.

Encourage open dialogue and communication.

SHRM© 2010


Employee RelationsFull compliance with all employment and laborregulations.

Training for all supervisory employees.

Open communication.

Equity in promotion processes.

Skip-level interviews.

Employee grievance systems.

Whistleblower protection.

Exit interviews.

SHRM© 2010

DilemmaDilemma

The department of Patient Financial Services(PFS) is one of the biggest in Sigma HealthSystem in Chicago.The CEO decided that for Sigma Health System tosurvive and post a profit, each department in the

years.90% of the PFS budget is salaries and benefitspaid to the 225 employees working in thedepartment.What would you do as the Director of HumanResources in Sigma Health System?



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HSRA 841/CPH 562HSRA 841/CPH 562Public Human Resour ces ManagementPublic Human Resour ces Management

Workforce Diversity

February 15, 2011

Nizar Nizar WehbiWehbi, , MD, MPH, MBAMD, MPH, MBA

Workforce Diversity

DiversityDiversity

Diversity: Any perceived difference amongpeople: age, race, religion, functional specialty,profession, sexual orientation, geographicorigin, lifestyle, tenure with organization, or

, .

Diversity is more than equal employment andaffirmative action

Aims to create workforces that mirrorpopulations and customers that organizationsserve



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Trends in WorkforceTrends in Workforce DiversityDiversity

Changing demographics in the labor

forceLegislation and legal actions have

broadly.

The globalization movement.

Reasons for IncreasingReasons for IncreasingDiversity and Multicul turalismDiversity and Multicul turalism

DeNisi, Human Resource Management, 3 rd ed, 2008. Houghton Mifflin

Managing Diverse Workforce:Managing Diverse Workforce:Various ComponentsVarious Components

Single Parents &Working MothersWomen in Business

Dual Career

Persons withDisabilitiesImmigrants

FamiliesMothers Returningto the WorkforceWorkers of Color Older Workers

LimitedEducation/SkillsLatinos (Hispanic

Americans)Religious Minorities



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Single Parents and Working MothersSingle Parents and Working Mothers

Number is growing

Many marriages end in divorceWidows and widowers who havechildrenNeed alternative child-carearrangements72% of mothers with children under18 are in work force

Women in BusinessWomen in Business

Hold half of all management, professional,and related occupationsWomen-owned businesses are growingIncreasing number of nontraditional

ouse o s ea e y s ng e paren s anthose in which both partners work full-timeFamily-friendly benefitsMore professional opportunities

Mothers Returning t o the WorkforceMothers Returning t o the Workforce

More new mothers are leaving laborforce only to return later.

To get them to return, manycompanies are going beyond federallaw and giving mothers a year ormore of maternity leave.

Other businesses are specificallytrying to recruit them.



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Dual Career Famil iesDual Career Famil ies

Both husband and wife have jobs and family responsibilitiesMajority of children growing up

Copyright © 2010 Pearson Education, Inc. publishingas Prentice Hall

3-97

working outside homeSome have established long-distance jobsWant more workplace flexibility

Workers of Color Workers of Color

Often experience stereotypesOften encounter misunderstandings andexpectationsBicultural stressSocialization in one’s culture of origin canlead to misunderstandings in workplace

Changing Compositi onChanging Compositi onof the U.S. Workforceof the U.S. Workforce



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Changing CompositionChanging Compositionof the U.S.of the U.S. Workfor ceWorkforce

Demographic TrendsDemographic Trends

Gomez-Mejia, Managing Human Resources, 6th ed, 2010. Prentice Hall.

Older WorkersOlder Workers

Population is growingLong-term labor shortage isdeveloping

Man or anizations activel courtinolder employees to remain on joblonger Needs and interests may changeMay require retraining



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Persons w ith DisabilitiesPersons w ith Disabilities

Limits amount or kind of work person can do ormakes its achievement unusually difficult

Perform as well as unimpaired persons inproductivity, attendance and average tenure

ADA prohibits discrimination against qualifiedindividuals with disabilities

Serious barrier is bias, or prejudice

Manager can set the tone

ImmigrantsImmigrants

Large numbers of immigrants from Asiaand Latin America have settled in manyparts of United StatesNewer immigrants require time to adapt

different cultures and languages

Immigrati on Trends in the United StatesImmigrati on Trends in the United States




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Immigratio n Trends in the United StatesImmigratio n Trends in the United States


Young Persons w ith Limit edYoung Persons w ith Limit edEducationEducation or Skillsor Skills

Many thousands of young,unskilled workers are hiredPoor work habitsTardy or absentCan do many jobs wellJobs can be de-skilled

Diversi t Mana ement



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Diversity ManagementDiversity Management

Ensuring factors are in place to provide forand encourage continued development of

diverse workforce by melding actual andperceived differences among workers toachieve maximum roductivit

Pursuing an inclusive culture where newemployees feel welcome, and everyonesees value of his or her job

Creating a supportive culture where allemployees can be effective

Diversity Management VersusDiversity Management VersusEqual Employment Opportunit yEqual Employment Opportunit y

Equal employment opportuni ty means treatingpeople fairly and equitably and taking actions that donot discriminate against people in protected classes.

emphasis on recognizing and appreciatingdifferences among people at work and attempting toprovide accommodations for those differences to theextent that is feasible and possible.

Emphasizes business maximizationIncrease workforce productivity

Similarities Among People at WorkSimilarities Among People at Work

Regardless of how different people appearto be, most employees share somefundamental similarities.

Most eo le have a fundamental and basic desire to be treated with respect and dignityby their employer.

Most people have a capacity for beingreasonable and understanding whenconfronted with reasonable behavior byothers.



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Differences Among People at WorkDifferences Among People at Work

Many people share some basic set of

similar characteristics, but displayvarious fundamental differences, such

Gender

Ethnicity

Age

Identical TreatmentIdentical TreatmentVersus Equitable TreatmentVersus Equitable Treatment

An employer who provides Christianholidays off should also be sensitive to theneed to provide important religious holidaysoff for various employees of different beliefsand faiths.Men have greater muscle mass than dowomen and therefore lift heavier weight.Women may need to be given longerperiods of time off during the time

immediately after childbirth.

Diversity and Social ChangeDiversity and Social Change

Diversity in organizations both facilitatesand is facilitated by social change in theenvironment.

Another wa that or anizations affect social change is through the images they use topromote themselves and their products.

Organizations that use diverse groups asrepresentatives convey a message of theirsensitivity toward diversity.



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Diversity can have positive, negative, or neutraleffect on firm performance

Depends on how diversity is managedIncreases creativity and innovationBetter group problem-solving

Diversity as an AssetDiversity as an Asset

Organizations capitalize on employee diversityas a source of competitive advantageSubgroup conflict dynamics disappear aseveryone begins to view themselves asmembers of the same organization.

Homogeneous groups : prone to groupthink, aphenomenon in which all members quickly convergeon a mistaken solution

occurs because they share the same mind-set and view theproblem through the lens of conformityinhetero eneous rou s the otent ial for rou think

Diversity as an AssetDiversity as an Asset

i i l idiminishes

Corporate Strategy : many firms now believe thateffective management of employee diversity is anintegral component of their overall strategy

not just a program run by HR

Diversity and CompetitivenessDiversity and Competitiveness



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Improving Diversity ManagementImproving Diversity Management

Must have top management supportDiversity Training ProgramsSupport groups

Accommodation of family needsDa careand Alternate work atterns l

Senior Mentorship Programs ApprenticeshipsCommunication StandardsDiversity AuditsManagement responsibility and accountability

Management ChallengeManagement Challenge

Which human resourcemanagement planning problemsare likely to increase as anorganization becomes morediverse?

Diversity and ConflictDiversity and Conflict

One potential avenue for conflict is when anindividual thinks that someone has been hired,promoted, or fired because of their diversitystatus.

Another source of conflict is throughmisunderstood, misinterpreted, or inappropriateinteractions between people of different groups.

Some conflict may be especially pronouncedbetween older and younger women in theworkplace.



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Challenges in Managing DiversityChallenges in Managing Diversity

Diversity vs. Inclusiveness

some prefer term inclusivenessto diversitydiversity management ispoliticizedinclusiveness some see as a

way of bringing people together


Individual vs. Group FairnessUniversal Mgmt

management concept holding that allmanagement practices should be

Cultural Relativitycalls for molding management practices tothe workforce’s different sets of values,beliefs, attitudes, and patterns of behaviors

Resistance to changeGroup cohesiveness and interpersonalconflict

Segmented communication networks


ResentmentRetention

Glass CeilingCompetition for opportunities



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Diversity ApproachesDiversity ApproachesDiversity ApproachesDiversity Approaches

Morrison (1992)1. The golden rule approach

2. Assimilation

3. Righting the wrongs

4. Culture-specific approach

5. Multicultural approach

Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.

Golden-rule approachTreat others as you want to be treated

Relying on individual integrity & morality for diversity


Respect may not the same for everyoneDifferent for different cultures


AssimilationShaping to the dominant style

Organizations adopting this expect individuals to


“Homogeneous ideal”

“treating everyone the same” not effective amongdiverse group




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Righting the wrongsCompensate for past injustices/discrimination

Legal mandates for guidance in handling diverse


Limited benefit to the organization


Culture-specific approachFostering understanding and acceptance

Multicultural approach


pprec a on o erences

Promote understanding

Beneficial to organization

Resources


Thomas (1991)

1. Complying through affirmative actionTake action only if legally mandated

2. Sim l valuin cultural differences

Diversity ApproachesDiversity Approaches

Acknowledge differences, foster understanding

3. Proactively managing cultural diversityRecognize differences, encourage and manage diversity




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Cox (1991) - Six Factors1. Mode of acculturating diverse employees

2. Methods and degree of structural integration ofdiverse employees

3. Methods and degree of informal integration of


diverse employees4. Degree of cultural bias within the organization5. Identification6. Degree of intergroup conflict among diverse

employees


Cox (1991)1. Monolithic Organization

1. Assimilation of diverse employees2. Prejudice and discrimination exist3. Low intergroup conflict due to homogeneity

2. Plural Or anization


1. Middle Ground2. Less prejudice3. Greater structure4. Informal integration of diverse employees

3. Multicultural Organization1. Incorporates diverse employees / fully integrated

2. Minimal prejudice and discrimination


Developing DiversityDeveloping Diversity



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Developing DiversityDeveloping Diversity in Organizationsin Organizations

The first element in the strategy isunderstanding the nature and meaning ofdiversity.Empathy: people in an organization shouldry o un ers an e perspec ves o o ers.

Tolerance: people in an organizationshouldbe willing to tolerate cultural differences.Communication can work if it is two-way.

Diversity TrainingDiversity Training

Diversity training is specifically designed toenable members of an organization tofunction better in a diverse workplace.

e o ec s o e p managers ansupervisors to understand how unconsciousbehavior can impact employees, howdifferences can get in the way ofproductivity, and how to leverage diversity asa competitive advantage.

Organizational CultureOrganizational Culture

An organization that really wants topromote diversity must shape itsculture so that it clearly underscores

top management’s commitment to andsupport of diversity in all of its formsthroughout every part of theorganization.



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Interview process

Avoid discriminationCulture change to embrace diversity

Organizational CultureOrganizational Culture

More than recruiting minorities

Attention to new perspectives

Focus on inclusion

The Multicultural OrganizationThe Multicultural Organization

The multicultural organization is onethat has achieved high levels ofdiversity, one that can capitalize fullyon the advantages of the diversity,and one that has few diversity-related problems.

Survey 50 Organization that are “Leadingedge” in managing diverse employees

Features

Support and involvement of top management


Operating philosophy of different but equal

Expanded, more flexible definitions of effectiveperformance

Critical role of senior managers inimplementing a culture of diversity



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TheThe Multicultural OrganizationMulticultural Organization

Basic Characteristics

Pluralism

Full structural integration

Full integration of the informal network

Absence of prejudice and discrimination

No gap in organizational identification

Low levels of intergroup conflict



Competitive benefit

Use differences as a tool

Multiple perspectives to a problem


Diverse customer base

Diversity is a strategy

Policies, training, support

Integrated in organization



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HRM Week 6 2011.02.15 BB Handouts

Documents

Transcript of HRM Week 6 2011.02.15 BB Handouts