The previous section presented the laws affecting minorities and other protected groups. This section discusses some of the legally protected minorities and sexual har- assment in more detail.
Minorities
EEO laws prohibit job discrimination on the basis of race, color, national origin, and religion unless discrimination stems from a BFOQ. Therefore, in the following guide- lines any of these terms could replace the word minority.
Religious Beliefs Employers are required by law to make reasonable accommodations for employees’ religious beliefs, without undue hardship on the employer.
Age Young and older workers have differences.34 Americans are aging.35 Each day some 10,000 baby boomers turn 65,36 and by the year 2014 more than 20% of the U.S.
population will be 65 or older.37 People age 40 and older are protected from age discrimination.
People with Disabilities We should focus on abilities, not disabilities, and give equal opportunity to all.38 The Americans with Disabilities Act (ADA) gives equal access to employment, transportation, and buildings to millions of people in the United States with disabilities. A disability used to be commonly called a handicap. People with a disability have significant physical, mental, or emotional limitations. The law requires that employers make “reasonable accommodations” to hire people with dis- abilities. Individuals who are disabled can be required to meet the same productivity standards as other employees. For more information on the ADA, visit its Web site (www.ada.gov).
Alcohol and Drug Abuse and Testing Since October 1986, when the government began to administer drug tests, drug abuse has been given much attention, and testing is com- mon. According to Partnership for a Drug-Free America, 1 in 6 Americans has a substance abuse problem. Complete Self- Assessment Exercise 13-1 to see if you may have a potential substance abuse problem.
Communication Skills Refer to CS Question 1.
Communication Skills
CS
WORK APPLICATION 13-5
Describe the affirmative action program at an organization, preferably one for which you work or have worked.
Learning Outcome 13-4 List the groups that are legally protected by the EEOC.
Communication Skills Refer to CS Question 3.
Communication Skills
CS
Communication Skills Refer to CS Question 4.
Communication Skills
CS
Communication Skills Refer to CS Question 5.
Communication Skills
CS
WORK APPLICATION 13-6
Have you ever seen any employees under the influence of alcohol or drugs at work? How did their substance use affect their ability to work?
Copyright © 2017 by McGraw-Hill Education. All rights reserved.
To help prevent drug abuse, the Federal Drug-Free Workplace Act of 1988 was enacted. Job candidates testing positive for illegal drugs can be denied employment.
Substance abusers on the job should be offered help to overcome the addiction. But they can be fired if they don’t perform to standard.
WORK APPLICATION 13-7
How do you feel about drug testing by employers? Why do you feel this way?
Your Use of Substances
For each of the following statements, select the number from 1 to 5 that best describes the frequency of your actual sub- stance (alcohol or drug) use. Place the number on the line before each statement. You will not be asked to share this in- formation in class, and if anyone asks you to share your answers and score, you may refuse to do so.
(5) Usually (4) Frequently (3) Occasionally (2) Seldom (1) Rarely
1. I take substances in the morning.
2. I take substances to calm my nerves or to forget about worries or pressure.
3. I go to work/school under the influence of substances or take them during work/school hours.
4. I take substances when I’m alone.
5. I lie about my substance use.
6. I drive under the influence of substances.
7. I wake up and don’t remember what I did under the influence of substances.
8. I do things under the influence of substances that I would not do without them.
9. I’m late for work/school because of substance use.
10. I miss work/school as a result of substance use.
11. I take substances to help me sleep.
12. I’ve had financial difficulties due to substances.
13. My friends take substances.
14. I plan activities around being able to use substances.
15. When I’m not under the influence of substances, I think about taking them.
Total
Your score will range from 15 to 75. To determine the degree to which you have a substance problem, mark the point that represents your total score on the continuum below.
No substance abuse 15 – – – – – – – – – 30 – – – – – – – – – 45 – – – – – – – – – 60 – – – – – – – – – 75 Substance abuse If you do have a substance abuse problem, you should seek professional help.
/ / / Self-Assessment Exercise 13-1 / / /
AIDS and AIDS Testing Human immunodeficiency virus (HIV) is the virus that causes AIDS. Acquired immune deficiency syndrome (AIDS) is the name for the condi- tion that occurs after HIV has gradually destroyed a person’s immune system, mak- ing the person prone to life-threatening infections. AIDS is not a disease affecting only gays; 40 percent of all reported cases have occurred among heterosexuals. Ac- cording to the World Health Organization (WHO), half of the newly infected adults are women.
A person with HIV or AIDS is protected from discrimination under the ADA of 1990 and the Rehabilitation Act of 1973. In 1987, the federal government unveiled a policy barring discrimination against federal government workers who have AIDS.
WORK APPLICATION 13-8
How would you feel about working with a person who has AIDS? Why?
It also authorizes discipline for those who refuse to work with AIDS patients. For more information on AIDS, visit www.aids.gov.
Sexual Orientation Sexual orientation generally refers to people who are lesbian, gay, bisexual, or transgender (LGBT). Homophobia (an aversion to homosexuals) is the term often used to refer to bias and discrimination based on a person’s sexual orienta- tion. Over the years, the general population has become more accepting of LGBTs.39 However, as of 2014, federal law did not directly protect these individuals against job discrimination, but the law may change over the next few years, and it is now possible to complain to the EEOC about these issues and potentially win a discrimination suit.
But state and local laws vary. Just over 40 percent of states have laws that prohibit discrimination based on sexual orientation. Also, more than 90 percent of Fortune 500 companies provide nondiscrimination protection, and 67 percent provide same- sex partner benefits.40
Sexual Harassment
Sexual harassment is one of the most sensitive areas of discrimination because it is often a matter of personal judgment. Sexual harassment charges can be made against either sex; however, the vast majority of cases are against men. Same-sex harassment is also a problem, and “textual” and “sexting” harassment are on the increase.41
Behaviors considered to be sexual harassment by some are not considered harass- ment by others. To help people know if they have been sexually harassed, the EEOC has defined the term sexual harassment as follows: Unwelcome sexual advances, requests for sexual favors, and other unwanted verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creat- ing an intimidating, hostile, or offensive environment.42 For more information, visit the EEOC Web site at www.eeoc.gov.
To keep it simple, sexual harassment refers to unwelcome sexual advances, requests for sexual favors in exchange for some valued outcome, and other unwanted sexual conduct that creates a hostile work environment.DuPont tells its people, “It’s harassment when something starts bothering somebody.” For our purposes, sexual harassment is any unwelcomed behavior of a sexual nature.
Dealing with Sexual Harassment When people find themselves in a sexual harassment situation, they often feel overwhelmed, confused, afraid, alone, and unable to find the words to confront the harasser. If the behavior is very serious, such as touching in private areas of the body, you may want to report the first offense. But if it is less obvi- ous that sexual harassment was intentional, a warning may be given before reporting the offense. Some warning responses to the harasser, which can be revised to suit the offense, are as follows:
“I am uncomfortable when you touch me. Don’t do it again or I will report you for sexual harassment.”
“It is inappropriate for you to show me sexually graphic material. Don’t do it again.”
“I am uncomfortable with off-color jokes. Don’t tell one to me again or I will report you for sexual harassment.”
If the behavior is repeated, report the offense to your boss and/or some other authority in the organization. If the people in authority do not take suitable action to stop the harassment, you may take the complaint to the EEOC.
WORK APPLICATION 13-9
Have you, or has anyone you know, been sexually harassed? If so, describe the situation(s) (use language acceptable to everyone).
WORK APPLICATION 13-10
How do you feel about the fact that certain groups are legally protected against discrimination?
Copyright © 2017 by McGraw-Hill Education. All rights reserved.
/// In the opening case, a woman complained about a male supervisor making sexual advances. Do you think that was sexual harassment? ///
A P P L I C A T I O N S I T U A T I O N S / / /
Sexual Harassment AS 13-3
Identify whether each behavior described below is:
A. Sexual harassment B. Not sexual harassment
11. For the first time, Pete tells Kara she is sexy and he’d like to take her out on a date.
12. Jelena tells José he will have to go to a motel with her if he wants to get the job.
13. Latasha legs are sticking out into the walkway. As Sam goes by, he steps over them and says,
“Nice legs.”
14. For the third time, after being politely told no, Aamir says to Jean, “You have a real nice ( fill in the missing sexual words for yourself ). Why don’t you and I go out on a date?”
15. Antwan puts his hand on Lisa’s shoulder as he talks to her and they are both comfortable.
Dating Coworkers Romance does change behavior and human relations at work, and it can affect performance.43 Some organizations have policies on dating coworkers, and some go as far as stating that employees who date may be fired.44 As with marriage, about half of work romances are ended. Two of the problems with dating coworkers are that once the romantic relationship ends, it can be difficult working together, and it is not unusual for one of the people to sexually harass the other to get back together.45 Inappropriate relationships can topple careers, and allegations of unwanted attention or favoritism can cost companies millions of dollars and land businesses in the headlines for all the wrong reasons.46
Political Correctness Political correctness is being careful not to offend or slight any- one with our behavior. Obviously, being politically incorrect hurts human relations, so we need to be careful how we behave. For example, you might think a joke about women, minorities, or any group of people is funny, but members of these groups can be offended in hearing the joke. Also, some people are very protective of political cor- rectness, so even though the joke is not about an individual’s group, he or she will still be offended and may report your behavior to management as being inappropriate. So you are better off not telling the joke, or other such behavior. Or at least ask the per- son if he or she wants to hear the joke before telling it. This also goes for texting and e-mailing words and pictures that could be considered offensive.