DONE: Legal & Cross Cultural Flashcards
Matsumoto & Yoo (2006)
Cross-cultural psychological research has evolved over the
years, moving from documenting cultural differences to identifying meaningful and relevant dimensions of cultural variability,
and then to using those dimensions in creating elegant theoretical models that predict and explain the documented differences
we describe the three previous phases of cross-cultural research
methods and argue for embarking on a fourth phase,
Phase 1: Comparisons: - Documented diffs acoss groups have been useful in generating knowledge about
universal and culturally specific psychological processes.
Rivers’s (1905) study was one of the first, demonstrating that individuals from India and New Guinea were
more fooled by optical illusions than were individuals from
England.
Phase II: Identifying Meaningful Dimensions of Cultural
Variability
One of the limitations of Phase I cross-cultural comparisons (and
many Phase III cultural studies), however, is that they do not
allow for empirically justified interpretations about culture as
the source of group differences
There are many ways in which two or more
countries, ethnic groups, or racial groups may differ. Some of
these ways are cultural, and some are not. - e.g., cultural attribution fallacy
And even if the source of observed differences is indeed culture, it is not exactly clear what cultural variables
produce the differences and why.
We argue that it is time for cross-cultural research methods to
evolve once again—to Phase IV. This phase will be characterized by what we call linkage studies, because they empirically
link the observed differences in means or correlations among
variables with the specific cultural sources that are hypothesized to account for those differences.
. Without such linkage, the theories about how observed differences between groups were
produced remain speculative and empirically unjustified, despite their elegance.
, there is a distinct possibility that observed between-country differences that are assumed to occur
because of differences in individualism-collectivism may in fact
occur because of economic factors.
To the extent that personality
and culture are separate, therefore, one question that arises is
the degree to which between-country differences occur because
of culture, or because of aggregate differences in personalities in
the countries being measured
In
this model of reverse causation (Allik & McCrae, 2002), the arrows point in a different direction: biologically based personality traits ! culture ! specific mental processes and
behaviors.
Thus, causal interpretations of such
differences that suggest the arrows point in one direction or
another are, in fact, speculations. Yet researchers are often
quick to interpret their findings within an assumed model, most
often the environmental causation model (i.e., they conclude
that culture caused the differences)
(Hofstede, 2001)
created the well-known set of four dimensions: Individualism Versus
Collectivism, Power Distance, Uncertainty Avoidance, and
Masculinity. and Long- Versus Short-Term Orientation.
The identification of these dimensions, their quantification on
scales, and the placement of countries on these scales were
major advances for the field, enabling researchers to predict and
explain cultural differences along meaningful dimensions
of variability.
individualism-collectivism became the most widely studied
dimension in the field and has been conceptually linked to many
psychological differences across cultures
Yet , it still did not completely address issues concerning
the cultural attribution fallacy; country names were just replaced with dimension labels.
, between-group differences could still
not be justifiably attributed to cultural sources because cultural
differences of the studied samples were being assumed
The “cultural attribution problem was addressed by Markus and Kitayama’s
(1991) landmark work, which
linked individualism-collectivism on the
cultural level with the concept of self on the individual level.
Different types of self-construals, emerging from different cultural contexts, could therefore be one of the sources of observed
cultural differences
Taras et al. (2010)
found that compared with personality and demographics, cultural
values had stronger associations with organizational attitudes and
weaker associations with performance, absenteeism, and turnover.
They also showed how norms (i.e., tightness) strengthened the
effect of value on organizational outcomes.
Gelfand et al. (2017) Recommendation:
Take meaning of constructs across cultures more seriously:
- Research is indeed increasingly illustrating that we need to
expand upon many of our existing constructs for them to be
relevant beyond the West. For example, the latent construct of
personality for Chinese goes beyond the five-factor model of
McCrae and Costa (1997) to include emic dimensions such as
Reng Qing (adherence to norms of interaction), Ah-Q (externalization of blame), Harmony (inner peace and interpersonal harmony),
Gelfand et al. (2017)
On OCB definitions and goal-setting:
Cross-cultural differences were also evident in the meaning of organization citizenship
behavior (OCB), with employees from Hong Kong and Japan
regarding some categories of OCB as an expected part of the job,
unlike participants from the United States and Australia, who
considered OCB to be independent of the job requirements (Lam,
Hui, & Law, 1999).
Likewise, a test of the goal-setting theory of
motivation in the United States and in Israel demonstrated that
Americans reached similar levels of performance under participative and assigned goals, yet Israelis performed significantly lower
under assigned than participative goals. The authors argued this
reflected Israelis’ low level of power distance (Erez & Earley,
1987).
Murphy (2018) The intersection of law & HRM
-Major US antidiscrim laws
1964 Civil right’s act to protect based on: race, color, sex, national origin, religion
Age discrimination in employment act of 1967 - To protect those over 40.
Americans with disabilities act of (1990) - physical & mental disabilities
Equal pay act of 1963 - to prevent Unequal pay for equal work on jobs the that require equal skill,
effort, and responsibility, and which are performed under similar
working conditions
FLSA (1938)
the Fair Labor Standards Act (FLSA) of 1938 is an important piece
of legislation that can have a substantial impact on HRM policies and practices. Introduced as part
of the New Deal, the FLSA impacts millions of workers (Nordlund 1988, Perez 2015). This law
introduced the forty-hour week, a federal minimum wage (initially 25 cents per hour), time and a
half for overtime in certain jobs, and a reduction in child labor
Right to work laws
The National Labor Relations Act of 1935 forbade contracts that prevented employees from joining or forming unions.
The Taft-Hartley
Act of 1947 conversely forbade contracts that required employees to become members of a union, but generally allowed union security agreements in which an employee who opts not to join the union can be compelled to pay fees to cover the cost of collective bargaining.
Starting in the late 1940s, many states, particularly in the South, Midwest, and Western
regions of the United States, adopted laws designed to limit labor unions. So-called rightto-work laws have been adopted in 26 states that prohibit or sharply regulate union security
agreements —- in general they have the effect of forbidding unions from collecting fees from nonmembers, even for services that benefit
them (e.g., collective bargaining on their behalf ), effectively reducing the power and stability of
unions and reducing the attraction of union membership.
Important past cases (Murphy, 2018)
Due to common law (in the United States) several court cases have great influence on how current/future law is interpreted and
enforced. For example, Griggs v. Duke Power Co. (401 U.S. 424) established the principle that
the use of tests or assessments that had an adverse impact on the employment opportunities of
members of particular demographic groups was illegal unless the employer could prove the job
relatedness and business necessity of the tests.
Meritor Savings Bank v. Vinson (477 U.S. 57) established
the principle that sexual harassment that is the result of a hostile work environment constitutes
sex discrimination and can be litigated under Title VII of the CRA of 1964.
Allegations of racial discrimination are among the most frequent of the complaints investigated by the EEOC,1
. First, these differences are sufficiently large to
essentially screen Black applicants out of many highly competitive jobs (Gottfredson 1988). Second, test score differences are considerably larger than differences in job performance (McKay &
McDaniel 2006).
Age bias in hiring is believed to be endemic (Anti-Ageism Task Force 2006), even though there
is little evidence that age is related to job performance.
Perceptions that older workers are costly to employ, are close to retirement, need more
training, have greater absenteeism, and use more benefits appear to factor into decisions to lay off
older workers first (McGoldrick & Arrowsmith 2001).
As originally written, the CRA of 1964 did not forbid discrimination on the basis of sex; sex
discrimination provisions were added to the act during floor debates, allegedly in an effort to make
the law seem so extreme that it would not pass.
Approximately 30% of all discrimination claims
investigated by the EEOC involve allegations of sex discrimination
EEOC enforcement
Although the EEOC
receives a huge volume of discrimination complaints, the great majority of these are not litigated and do not result in favorable outcomes for plaintiffs. For example, in more than 75% of
the investigations it performs, the EEOC reaches the conclusion that the complaint is not supported on its merits.
of more
than 175,000 ADEA charges, many of which were investigated and/or litigated by the EEOC, and
found that only 15.7% of these cases resulted in benefits to the charging parties.
Office of Federal Contract Compliance Programs
(OFCCP),
The OFCCP is part of the US Department of Labor, which is responsible for ensuring that
employers doing business with the federal government comply with the laws and regulations requiring nondiscrimination. The OFCCP has a somewhat more limited reach than the EEOC,
dealing only with federal contractors and subcontractors.
Between 2011 and 2016, the OFCCP
conducted more than 19,000 investigations; more than 75% of these resulted in the conclusion
that the organization being investigated was in compliance with OFCCP regulations.
In 1978…
… the EEOC, Civil Service Commission, Department of Labor, and Department of Justice
adopted the Uniform Guidelines on Employee Selection Procedures, which were designed to assist
employers in complying with federal law relevant to the use of tests, assessments, and personnel
selection procedures that might discriminate on the basis of sex, race, national origin, etc.
Despite numerous attempts to update these Guidelines, there have been few meaningful changes
since 1978, despite considerable progress in our understanding of testing, assessment, and validation, and it is believed by some that these Guidelines are a detriment to valid and fair personnel
assessment and selection (McDaniel et al. 2011). In particular, the Guidelines are based on an
outmoded understanding of validation. First, the Guidelines emphasize a sharp separation between
different strategies for validation, leading to what Landy (1986) referred to as a “stamp collecting” mentality, in which one must identify the “right” type of validation for each circumstance.
Modern conceptions of validity recognize that there are many useful methods for determining the
validity of inferences based on test scores, and that multiple lines of evidence are often pertinent to
making this assessment.
Second, the Guidelines place a stronger reliance on local validation efforts
than on the cumulative body of research on the validity of selection methods and devices. Since
the publication of the Guidelines, human resource researchers have come to understand the limits
of local studies, particularly those that rely on small samples and the value of interpreting such
studies in the light of the cumulative findings of relevant research.
Determining if AI has occurred:
this literature has focused on two methods for determining whether
adverse impact can be shown: (a) a rule of thumb proposed in the Guidelines—the 4/5ths rule
(i.e., that if the success rate for one group is less than 80% the success rate of the most favored
group, adverse impact has been demonstrated), and (b) a demonstration that there are statistically
significant differences in the outcomes across protected groups.
But as selection rates get lower, very small
differences in success across groups can trigger a finding of adverse impact.
Jacobs et al. (2013)
showed that it is worse for an organization to be big than to be bad, in the sense that variation
in sample size has substantially more impact on the outcomes of significance tests than variations
in HRM policies. - . Jacobs et al. (2013) note that in very large organizations, statistically significant
differences between demographic groups are virtually assured, even if the actual differences in
outcomes are minimal.
Murphy & Jacobs (2012) proposed the use of adverse impact criteria that combined both
statistical significance tests and effect size measures, suggesting that the clearest way to demonstrate
the existence of adverse impact is to show that the differences between groups are (a) reliable and
(b) large enough to be at least minimally important.
One method of reducing adverse impact involves subgroup norming—i.e., expressing the test
scores of members of each demographic group in relation to the mean score for that subgroup
rather than in terms of the population mean. This use of subgroup norms for selection tests was
outlawed by the CRA of 1991, leading Cascio et al. (1991) to suggest an alternative—i.e., test
score banding.
Cascio et
al. (1991) suggested that other criteria should be used to rank-order candidates whose test scores
fall within the same band, and that criteria that gave weight to increasing diversity might help to
mitigate adverse impact.
Proponents of meta-analysis
(e.g., Schmidt & Hunter 2003) cast doubt on the utility of local validity studies to provide useful
information in contexts where the accumulated literature supports the validity of broad classes of
tests or assessments, whereas other authors point out that information from traditional validity
studies can be combined with meta-analytic evidence to provide Bayesian estimates of validity
(Newman et al. 2007).
However, the relevance of this literature is arguably clearer for scientific
debates than for settling legal challenges to organizational practices. For example, the Uniform
Guidelines on Employee Selection Procedures places heavy emphasis on collecting evidence of the
validity of tests, assessments, and selection methods for the particular jobs and in the particular
settings in which they will be used, and these Guidelines set highly restrictive conditions on the
use of external validation evidence.
Unfortunately, some measures that are widely used to screen job applicants, most notably
credit checks and criminal background checks, show little evidence of validity while at the same
time producing considerable adverse impact.
Murphy (2010)
demonstrates how conclusions about validity-adverse impact trade-offs are substantially influenced
by the way job performance is defined,