Managing diversity and regulatory challenges Flashcards
What are population groups?
People classified according to common traits and customs.
What are the obstacles for women in the workplace?
Work-life balance: Women in the workplace face difficulty in balancing their work and family commitments. Flexible working arrangements is one-way organisations can address work-life balance. More likely to be retrenched.
Stereotyping: women are still predominantly represented in administrative and caregiving (like nursing) jobs as opposed to decision-making and senior management positions.
Glass-ceiling: this metaphor is used to refer to artificial barriers in the workplace, limiting women from moving to higher levels in their careers. This could be ascribed to bias and accepted norms, and not due to written company policies.
What flexible working arrangements were increased to female employee productivity?
-Annualised hours (where working time is organized on the basis of the number of hours to be worked over a year rather than a week or a month)
-Compressed hours (this allows individuals to work their total number of agreed hours over a shorter period)
-Flexi-time (employees have a choice about their actual working hours)
-Homeworking
-Job-sharing
-Shift-working
-Staggered hours (where employees can start and finish their day at different times
-term-time working (allowing employees to take unpaid leave during school holidays)
What is a disability?
A physical or mental impairment that substantially limits one or more major life activities.
What is a physical disability?
Physical abilities entail physical impairments like quadriplegia (loss of use of all four limbs), hemiplegia (loss of use of limbs on the right or left side) and sensory disabilities (blindness, hearing, and speech impairment, etc)
What is a learning disability?
These include dyslexia and other disabilities that impair a person’s learning ability
What is a personal problem?
Problems of a personal nature can affect everybody from time to time and may include, for instance, death in the family or experiencing hijacking. Problems like these can affect employees in their activities, they may need to attend training or counselling.
What are some misconceptions about people living with disabilities?
They do not have the right skills: People with disabilities develop important other strengths, traits and qualities including perseverance, problem-solving, goal-setting and determination, all of which make them valuable and marketable in the workplace.
They are too costly to employ: Many employers believe that they will have to charge their physical structures, every desk and every doorway, to accommodate people with disabilities.
Co-workers will be uncomfortable with colleagues with disabilities and their productivity will be negatively affected: Employees with disabilities have a positive effect on co-workers. Watching someone who has overcome a major challenge in his or her life and is able to manage the disability on the job raises morale and provides a good working environment for everyone. Employee morale and productivity increased and there was a decrease in turnover.
Getting information on how to hire people with disabilities is time-consuming and complicated: NGOs in South Africa that look after and promote the interests of people with disabilities , such as, South African National Council for the Blind, the QuadPara Association of South Africa and the Association for the Physically Disabled.
What is meant by managing diversity?
The development and implementation of organisational policies and practices intended to embrace employee differences and promote inclusion with the aim of the leveraging each employee’s unique contribution to the organisation. It entails the optimal utilisation of an organisation’s diverse workforce to enhance productivity and ensure business success.
What are the advantages of management of diversity?
-Maximising employee potential and tapping into a range of skills that the organisation did not have before.
-Attracting, retaining and using the best talent.
-Enhancing communication, understanding and trust between groups and individuals.
-Promoting greater productivity as a result of greater flexibility.
-Developing enhanced creativity, innovation, adaptability and problem-solving and the accompanying timeous responses to
diverse customers and markets.
-Using all people to the maximum and creating improved relations and communication between organised labour and management.
-Extending the breadth of understanding in leadership positions.
-Enhancing global competitiveness.
What is diversity?
Diversity in the workplace can be defined as any collective mixture characterised by differences, similarities, and related tensions and complexities
What are three major focus areas in diversity?
Legal imperatives in the form of employment equity and affirmative action.
The unique work-related challenges experienced by minority groups (based on race, gender, disability, religion, sexual orientation)
The broad range of common traits and differences that impact on relations between individuals and groups.
What are the three dimensions of diversity?
Internal dimension: Human differences that are inborn and exert a major impact on us (age, ethnicity, gender, race, physical abilities and sexual orientation)
External dimension: are more mutable and can be changed, discarded or modified throughout our lives (education, geographical location, income, martial status, military experience, religion, work experience and parental status.
Organisational dimension: contains issue such as, management status, union affiliation, work location, seniority, work content, department, division, division and functional classification.
This proves that diversity isn’t one-dimensional but rather a mix of inherent and acquired traits that affect interactions, opportunities, and perspectives in society. They show that people are shaped by multiple factors.
What is a stereotype?
A stereotype is a fixed, distorted generalisation about members of a group.
Stems from the primary dimensions of diversity and assigns incomplete, exaggerated or distorted qualities to members of this group.
What is assimilation?
Assimilation is where the minority group or those employees who are different from the dominant group of employees should conform to the current values and norms of the organisation. This can have numerous repercussions, such as losing touch with their cultural backgrounds or taking their individuality away from them.
What is meant by affirmative action in diversity?
It’s a response to the under-use of protected groups in various job categories, in which a business attempts to attract and advance people from such groups because of their failure to do so in the past as a result of discrimination
What are the three different components of effective diversity programmes?
Teach managers about the legal framework for equal employment and encourage fair treatment of all people regardless their demographic background.
Teach managers the benefits of having a diverse workforce that can serve a diverse customer base better.
Implement personal development plans that acknowledge the skills and abilities of all diverse employees and at the same time improve performance of everyone.
What does the model of a diversity management strategy contain?
Culture
Organisation-wide Image:
• Organisation fosters mutual respect
• Organisation fosters sense of belonging
• Differences are accepted
• Corporate-wide diversity training programme
Concern for Equality:
• Equal respect for minority and majority group
• Equal performance expectations for minority and majority group
• Equal rewards for minority and majority group
• Equal pay and income
• Valuing diversity
Opportunity
Career Development:
• Promotion of multicultural employees
• Opportunity for development of new skills
• Preference to
underrepresented groups in promotion
• Access to top management positions
Hiring Practices:
• Active recruitment and hiring of multicultural employees
• Equal opportunities for underrepresented groups
• Employment equality programme
Leadership
Management Practices:
• Take all employees seriously
• Recognise the capabilities of all employees
• Support all employees
• Communicate effectively with all employees
• Value a diverse work group
• Respect the cultural beliefs and needs of employees
• Accept non-English-speaking employees
What are some exercises that can be implemented to enhance diversity training?
• Values clarification. A checklist of values - like punctuality, honesty, acceptance and financial success - is prioritised by all individuals in terms of their own preference and how they believe the organisation ranks the values. The group then discusses the differences and similarities in the priorities.
• Perceptual differences. The participants are asked to give a precise percentage definition of items, such as ‘always’, ‘frequently’ and ‘almost always’. This exercise uncovers the imprecise communication that may exist in the workplace.
• Problem-solving case studies. The participants are given a partial description of a job applicant and are told to come up with a complete profile. Depending on the limited facts given, the profile may uncover any number of biases when the group completes the picture. For example, one group was told to profile a woman who was returning to the workforce and was responsible for two children. The group profiled her as a recently divorced woman who had stopped working to raise her children. The group leader pointed out that she may in fact have been out of the workforce completing her education, and that she may be married
• Exploring cultural assumptions. The participants can openly explore assumptions that one group may make about another. For example, at one such awareness session, there was a lively discussion about whether it was ever acceptable for women - or men, for that matter - to cry in the workplace.
• Personalising the experience. The awareness trainer may try to make everyone aware of their own uniqueness and of the possibility that they could be different. One trainer had the group members describe the first time they became aware that there were people different from themselves - in colour, in gender, perhaps in religion or in economic status. By doing this, individuals are more likely to notice the differences that surround them.
What are some problems with diversity training?
• Trainers’ own psychological values are used as training templates.
• Trainers have political agendas or support and promote particular special-interest groups
• Training is too brief, too late, or only used in response to an existing crisis situation (such as a charge or lawsuit).
• Training is only provided as remediation and trainees are considered people with problems - or worse, they are considered to be the problem.
• Training does not distinguish between diversity, employment equity, affirmative action and cross-cultural management.
• The working definition of diversity is too narrow.
• Political correctness is frequently the prevailing atmosphere.
• People are forced to reveal private feelings or are subjected to uncomfortable, invasive physical and psychological exercises.
• Individual styles of participants are not respected.
• Training is ‘canned’, often presented too shallowly or too deeply, ignoring the needs of the group and/or its members.
• Only one group is expected to change.
• Resource material contains outdated views and/or information.
• Trainers are often chosen because they represent, or are advocates for, a specific underrepresented group.
• Important issues, such as reverse discrimination, may be ignored.
When is diversity training positive?
• The focus is on substantive changes, both individual and organisational.
•Motivation is linked to bottom-line organisational goals and priorities.
• Accountability is a priority.
• Training is well integrated into organisational functions and planning, and has the strong support of leadership.
• Training is viewed as a long-term process that requires a strong commitment from everyone.
• Utilising a wide range of approaches, training is tailored to the needs of an organisation.
• Trainees return to a supportive organisational environment and apply what they have learned.
When is diversity training negative?
• The focus is on cosmetic changes, such as projecting a certain image and improving public relations.
• The primary motivation is to minimise the risk of costly lawsuits.
• There is little or no accountability and follow-up.
• Stand-alone training is offered, along with passive support by top management.
• Training is viewed as an event, done as quickly and inexpensively as possible.
• Trainers utilise ‘off-the-shelf’ approaches and treat everyone in the same way.
• Trainees do not take training with them.
What is the multicultural organisation?
The multicultural organisation is known for encouraging members of different groups to learn from one another.
The three steps/phases of planned change:
1) Unfreezing
2) Move
3) Refreezing
What are the seven rights protected under the Constitution of the Republic of South Africa?
- Right to freedom of conscience, religion, thought, belief, and opinion.
- Right to freedom of association
- Right to freedom of expression
- Right to assemble, to picket and demonstrate with others peacefully and unarmed, and to present petitions.
- Right to fair labour practices
- Right to engage freely in economic activity and to pursue a livelihood anywhere in the national territory.
- Right to use the language and to participate in the cultural life of his or her choice.
What is the implication of the Employment Equity Act, No 55 of 1998 (EEA) for HR management?
EEA protects employees against unfair discrimination in the workplace, including on basis of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth.
What measures should be considered when taking affirmative action according to the EEA?
• Employers must consult with unions and employees to make sure that the employment equity plan is accepted by everybody.
• Employers must analyse all employment policies, practices and procedures and prepare a profile of their workforce to identify any problems relating to employment equity.
• Employers must prepare and implement an employment equity plan setting out the affirmative action measures they intend taking to achieve employment equity goals.
• Employers must report to the Department of Employment and Labour on the implementation of their plan so that the Department can monitor their compliance.
• Employers must also display a summary of the provisions of the Act in all languages relevant to their workforce.
What are the relevant aspects of the LRA aimed at eliminating unfair discrimination in the workplace?
- The right to freedom of association (LRA, Chapter II, Section 5). Employees, or persons seeking employment, may not be discriminated against or victimised for joining a trade union or participating in union activities.
- Workplace forums (LRA, Chapter V). If a workplace forum is established in an organisation, this forum has the right to be consulted on particular issues. Agreed upon by concluding a collective agreement, which may, therefore, include matters relating to discrimination, employment equity and affirmative action. This forum may also address aspects that may impact on the appointment and retention of people living with disabilities, such as the introduction of new technology or work methods and training relating to diversity and disability.
- Dispute resolution (LRA, Chapter VIl. The LRA provides for various structures for dispute resolution, such as Bargaining Councils, the CCMA and the Labour Court. Disputes on any matter relating to discrimination may be referred to the CCMA for conciliation.
- Automatically unfair dismissals. The EEA prohibits discrimination based on various grounds (refer to section 3.3.2). This prohibition also applies to dismissal in terms of the LRA. According to section 187(1)(f) of the LRA, any dismissal that is based on unfair discrimination will be regarded as automatically unfair.
- Collective agreements, trade unions and employers’ organisations. The LRA provides for trade union representation and collective bargaining but requires that collective agreements should not discriminate against non-parties (section 32(3)(g)) and that the constitutions of trade unions and employers’ organisations may not include any provision that discriminates against any person on the grounds of race or sex (section 95(6)).
Name the most important aspects related to diversity, covered in the BCEA?
Aspects covered BCEA include working time (religious holidays), leave (maternity and parental), remuneration, deductions, notice of termination, administrative obligations, prohibition of the employment of children and forced labour.
What does the Broad-Based Black Economic Empowerment (BBBEE) entail?
Broad-Based Black Economic Empowerment (B-BBEE) is a form of economic empowerment aimed at transforming South Africa economically by increasing the number of Black people who participate actively in the country’s economy at all levels.
What is sexual harassment?
Any unwanted conduct of a sexual nature that is intended to affect or interfere with a person’s work performance or meant to create an intimidating, hostile or offensive work environment.
What are some of the reasons why employees refrain from reporting harassment?
• They often experience feelings of guilt (although unfounded) because they were unable to stop the harassment.
• They are afraid that they will not be believed and, if they are believed, that nothing will be done.
• They are unsure about the reporting procedure.
• The person to whom the harassment should be reported is also the harasser and no alternative is provided.
• The workplace culture supports harassment.
• They do not want to relive the harassment through interrogations and investigations.
• They are concerned about confidentiality.
• They don’t want to be considered troublemakers.
• They are unsure whether the unwanted behaviour constitutes harassment.
What are the two forms of harassment?
1) Quid pro quo sexual harassment: A form of harassment that occurs when a harasser makes unwelcome sexual advances towards someone in exchange for workplace benefits. Blackmail.
2) Hostile environment harassment: A form of harassment that occurs when unwelcome sexual conduct interferes with job performance or creates an Intimidating, hostile or offensive work environment. Whistling, lewd jokes, foul language, and offensive pictures or emails.
What are the three challenges faced by HR managers?
1) identifying/recognising the characteristics of sexual harassers
2) drawing up a good sexual harassment policy
3) providing effective sexual harassment training
What is meant by identifying/recognising the characteristics of sexual harassers?
Identifying these characteristics can be an important first step in the prevention of sexual harassment.
Narcissism: Individuals who have an overly inflated sense of self-worth (narcissists) do not have empathy with others and feel entitled to pursue what they want. They have an urgent need for approval which may be satisfied by sexual experiences.
Psychopathy: Psychopaths are manipulative exploiters. They too have no empathy with others and exploit and harass their victims simply because they want to.
Machiavellianism: Refers to cold and manipulative behaviour. These individuals will engage in unscrupulous and deceitful behaviour to get what they want at any cost.
Moral disengagement: Individuals justify their inappropriate behaviour and create their own version of reality where moral principles do not apply to them. These individuals often blame outside forces (e.g. the culture of the organisation) or their victims for their behaviour.
What is meant by identifying/recognising the characteristics of sexual harassers??
- A policy statement. One of the first and most basic issues that needs to be included in a sexual harassment policy is a statement of what the policy is about and the intention of the organisation in adopting the policy. It should be clear from the outset that a zero tolerance approach to sexual harassment will be taken,
- Definition of sexual harassment. A definition of sexual harassment that is simple and clear must be highlighted in the policy. The definition should be broad and should cover physical, verbal and non-verbal forms of harassment. It should also be clear that the policy includes not only the behaviour of employees at all levels, but also behaviour of outside parties (e.g. clients, customers and suppliers) who engage with employees. Such behaviour is not limited to the workplace or working hours.
- Examples of prohibited conduct. To enhance the policy, a few clear examples of prohibited conduct that will or could be considered sexual harassment must be included. It should be clearly stated, however, that the list of examples is not exhaustive and that any conduct of a sexual nature that is unwanted and unwelcome by the recipient will be regarded as sexual harassment.
- Duties and responsibilities. It is important to state in the policy that it is the duty of every person in the company to report questionable sexual conduct promptly. It should also be stressed that communication and dialogue among employees is essential if the policy is to function effectively.
- No retaliation. The policy should state further that there will be no retaliation in respect of employees who report inappropriate sexual conduct or assist in its prevention.
- Complaint procedure. A proper complaint procedure should also be included in the policy. This is important, as it will tell employees what to do and where to go if they experience or observe sexual harassment. The employees must be given options on where to report; for example, if the harasser is the supervisor, they could go to someone else, such as a manager after hours. It is important to identify designated persons who have been specifically trained to deal with sexual harassment complaints. It must also be stated that the complaint need not be submitted in writing only, but can be lodged verbally as well. There must also be no time limit on reporting such incidents.
- Investigating procedure. The investigating procedure should be clearly spelled out in the policy. For example, the individual who will conduct the procedure needs to be disclosed. Besides this, the timing must be stated and the mechanics announced. For example, state that interviews will be conducted and evidence gathered by means of documents, photographs or any other tangible articles/items. The policy should also stipulate that the results of the investigation will remain confidential - shared only with those individuals who need to know.
- Disciplinary measures and sanctions. The policy should outline the disciplinary measures that will be taken. Reference may be made to the disciplinary procedure but additional measures may be needed due to the sensitivity of sexual harassment cases. The possible sanctions should also be outlined but it should be clearly stated that sanctions will be influenced by the unique circumstances of each case reported and the nature and gravity of the unwanted behaviour.
- Implementation. It should be clearly indicated how the organisation will create awareness of the policy. The responsibility of managers and supervisors in ensuring that their subordinates are aware of the policy should be highlighted.
- Monitoring and evaluation. It should be indicated that data and statistics on sexual harassment cases will be collected and analysed with the aim of evaluating the effectiveness of the policy and procedure.
What is meant by providing effective sexual harassment training?
Certain topics must be covered in any sexual harassment training programme.
- Outline the legal definitions of sexual harassment, with specific examples of the two types of harassment.
- Stress the concept of ‘unwelcome’ sexual advances.
- Clarity the organisation’s existing sexual harassment prevention policy and offer suggestions for improvement.
- Reinforce the organisation’s commitment to, and top management’s support for, maintaining a workplace free of sexual harassment.
- Emphasise each individual employee’s personal responsibility for following the organisation’s policy in this regard and maintaining a workplace free of sexual harassment.
- Explain retaliation issues and give examples of how they can occur and how to avoid them.
- Use role-playing exercises to heighten the awareness and understanding of what is and what is not appropriate conduct. Underscore the importance of treating people in a respectful and professional manner.
- Use additional role-playing exercises to develop skills for identifying, preventing and stopping sexually harassing behaviours and other inappropriate conduct at the workplace.
- Offer detailed guidance on how to avoid and handle being the target of sexual harassment.
- Carefully instruct employees on the proper procedures for reporting sexual harassment complaints and a manager’s responsibility in this regard; listening skills should be stressed
- Clarify all sexual harassment complaint investigation procedures and the role of managers in investigating a complaint.
