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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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EmploymentEmployment- -atat--WillWill
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
EmploymentEmployment- -atat--WillWill
.
4. Fair dealing and good faith
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar
Implied contractPersonnel manual/employee handbook
Employers can avoid that by adding cleardisclaimer not a contract
EmploymentEmployment- -atat--WillWill
Medical staff bylaws not a contractJust for privileges purposes
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar
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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
EmploymentEmployment- -atat--WillWill
Minority endorses a broader scopeBeing asked to perform services you are not qualified todo
“Whistleblower statute ”Reporting misconduct
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar
Fair dealing and good faithImplied duty of fair dealing and good faith
Crenshaw v. Bozeman Deaconess Hospital
i l ili i i
EmploymentEmployment- -atat--WillWill
i l ili i iterminating employee
Not extended to physiciansEqual bargaining position between a hospital and awell-educated doctor
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar
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
Mondy, Human Resources Management, 2010 Pearson
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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
Mondy, Human Resources Management, 2010 Pearson
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
Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.
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
Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.
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.
Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.
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MiniMini--trialtrial
Short session in which lawyers for
each side present their cases torepresentatives of each party who
dispute
Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.
FactFact--FindingFinding
Process in which the parties hire aneutral party to investigate the disputeand report findings back to both sides
Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.
Judicial RefereeJudicial Referee
Court-appointed referee whoconducts a private trial andrenders a judgment
Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.
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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.
Cheeseman, Business Law, 7th ed, 2010. Prentice Hall.
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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Kohlberg’s Six Stages of MoralKohlberg’s Six Stages of MoralDevelopmentDevelopment
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
Kohlberg’s Six Stages of MoralKohlberg’s Six Stages of MoralDevelopmentDevelopment
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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Fostering Ethical OrganizationsFostering Ethical Organizations
Staffing: Recruitment and Selection
Ensure equal opportunity practices.Recruit ethically responsible people.
Make ethics a selection criteria.
Interview for ethical values.
SHRM© 2010
Fostering Ethical OrganizationsFostering Ethical Organizations
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
Fostering Ethical OrganizationsFostering Ethical Organizations
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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Fostering Ethical OrganizationsFostering Ethical Organizations
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
Fostering Ethical OrganizationsFostering Ethical Organizations
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
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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
DeNisi, Human Resource Management, 3 rd ed, 2008. Houghton Mifflin
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Immigratio n Trends in the United StatesImmigratio n Trends in the United States
DeNisi, Human Resource Management, 3 rd ed, 2008. Houghton Mifflin
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
Challenges in Managing DiversityChallenges in Managing Diversity
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
Challenges in Managing DiversityChallenges in Managing Diversity
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
Diversity ApproachesDiversity ApproachesDiversity ApproachesDiversity Approaches
Respect may not the same for everyoneDifferent for different cultures
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.
AssimilationShaping to the dominant style
Organizations adopting this expect individuals to
Diversity ApproachesDiversity ApproachesDiversity ApproachesDiversity Approaches
“Homogeneous ideal”
“treating everyone the same” not effective amongdiverse group
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.
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Righting the wrongsCompensate for past injustices/discrimination
Legal mandates for guidance in handling diverse
Diversity ApproachesDiversity ApproachesDiversity ApproachesDiversity Approaches
Limited benefit to the organization
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.
Culture-specific approachFostering understanding and acceptance
Multicultural approach
Diversity ApproachesDiversity ApproachesDiversity ApproachesDiversity Approaches
pprec a on o erences
Promote understanding
Beneficial to organization
Resources
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.
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
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.
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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
Diversity ApproachesDiversity Approaches
diverse employees4. Degree of cultural bias within the organization5. Identification6. Degree of intergroup conflict among diverse
employees
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.
Cox (1991)1. Monolithic Organization
1. Assimilation of diverse employees2. Prejudice and discrimination exist3. Low intergroup conflict due to homogeneity
2. Plural Or anization
Diversity ApproachesDiversity Approaches
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
Hernandez, Strategic Human Resources Management In Health Services Organizations, 3rd ed, 2010. Delmar.
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
The Multicultural OrganizationThe Multicultural Organization
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
The Multicultural OrganizationThe Multicultural Organization
DeNisi, Human Resource Management, 3 rd ed, 2008. Houghton Mifflin
Competitive benefit
Use differences as a tool
Multiple perspectives to a problem
The Multicultural OrganizationThe Multicultural Organization
Diverse customer base
Diversity is a strategy
Policies, training, support
Integrated in organization
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