I Employee Rights in the Workplace

The Employee as a Stakeholder

I Employee Rights in the Workplace

II The Right to Fair Wages

III The Right to Freedom from Discrimination

IV The Right to a Balanced Lifestyle

V The Right to Privacy

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The Employment Contract: THEN
Early corporate culture demanded loyalty and rewarded it.
Individuals with good education and work habits could expect to find a stable employer who would reward them for their time and efforts throughout the period of their careers.
Many instances where employees spent their entire work life with the same company.

The Employment Contract: NOW
Given the economic stresses of global competition, employers are not willing to make long-term commitments to employees.
Employees should anticipate the necessity of changing jobs several times throughout their working years.
Requirement that employees retrain from time-to-time. Skills will become obsolete, new skills will have to be acquired.
Present and future members of the work force are effectively in business for him(her)selves.
“Product YOU”

Lingo for Today’s Contract

Rhetoric Reality

‘New working patterns’ Part-time instead of full-time jobs

‘Flexibility’ Management can do what it wants

‘Empowerment’ Making someone else take the risk and responsibility

‘Training and development’ Manipulation

‘Recognizing the contribution of the individual’ Undermining the trade union and collective bargaining

‘Teamworking’ Reducing the individual’s discretion

Rights of Employees as Stakeholders of the Firm

Employee rights

Issues involved

Right to freedom from discrimination

Equal opportunities, Affirmative action, Reverse discrimination, Sexual and racial harassment

Right to privacy

Health and drug testing, Work-life balance, Presenteeism, Electronic privacy and data protection

Right to due process

Promotion, Firing, Disciplinary proceedings

Right to participation and association

Organization of workers in works councils and trade unions, Participation in the company’s decisions

Right to healthy and safe working conditions

Working conditions, Occupational health and safety

Right to fair wages

Pay, Industrial action, New forms of work

Right to freedom of conscience and speech

Whistleblowing

Right to work

Fair treatment in the interview, Non-discriminatory rules for recruitment

Duties of Employees as Stakeholders of the Firm

Employee duties Issues involved

Duty to comply with labour contract Acceptable level of performance
Work quality
Loyalty to the firm

Duty to comply with the law Bribery

Duty to respect the employer’s property Working time
Unauthorized use of company resources for private purposes
Fraud, theft, embezzlement

Right to Fair Wages

Working families’ share of federal safety net programs

Annual average, 2009 to 2011

40 45 50 55 60 65

Right to Privacy
Electronic monitoring/data collection
Romance in the workplace
Employee drug use and testing
Alcohol abuse at work
Employee theft and honesty testing

Right to Freedom from Discrimination

melting pot?
rainbow?
quilt?
kaleidoscope?
assimilation  pluralism 

continued cultural separation?

http://www.diversityinc.com/news/what-does-segregation-look-like-today/?utm_source=SailThru&utm_campaign=newsletterLuke&utm_medium=DI&utm_content=2013-11-20&utm_term=news

*
Pluralism is the process through which cultural differences are acknowledged and preserved (ex – advocates of multicultural education argue that the study of US history should be more pluralistic, reflecting the cultural experiences of all people in the US, not just Anglo-Saxons).

Continued cultural separation exists in the midst of all this diversity here in the US.
many residents in US continue to live in neighborhoods separated along racial, ethnic, and economic lines (ex – Hispanic barrios, Little Italy, Chinatown, chocolate cities, vanilla suburbs)
the upper levels of business remain white and male (ex – Labor Department has demonstrated that the Glass Ceiling is still very much in place)
religious worship is extremely segregated (ex – Martin Luther King called our time of worship the most segregated hour of the week)
while the percentage of students of color is increasing, racial diversification among teachers has not kept pace
in recent years there has been a resurgence of intergroup hostility and intolerance (ex – not only KKK members and skinheads, but hate crimes in schools)

Corporate Attitudes toward Diversity by Decade

1940’s
How can we eliminate diversity? There were contracts, deeds, and rules against putting women and minorities into certain jobs, positions, and properties.

1950’s
How can we tolerate diversity? With increasing participation, management sought ways to be tolerant.

1960’s
How can we manage diversity? With legislation favoring diversity, it had to be more managed so as not to interfere with the majority.

1970’s
How can we celebrate and affirm diversity? Respect for other people’s cultures, values, and customs was the in thing to do. Have a luncheon with ethnic food, a day to celebrate African American heritage.

1980’s
How can we build diversity? Companies began to balance their regional hiring to reflect the regional availability of qualified minority applicants. Building diversity was seen as a competitive advantage.

1990‘s – 2000’s
How is diversity a global asset? As we enter the global village, having a diverse team of people makes the firm better able to adapt itself to different values in different countries. Having more diversity is an asset to creativity, innovation, and long term flexibility.

*

It is unlawful to discriminate in employment based on an individual’s:
Race
Color
Religion
Sex
National Origin

Title VII of the Civil Rights Act of 1964

Glass Ceiling
97% of top managers white/95% of top managers male
Women and minorities earn less and are relegated to less visible projects & positions
Homosexuals fear they are not accepted
Lack of mentorship

Invisible barrier that separates women and minorities from top management positions.

*

Gender as a Dimension of Diversity

Work/life balance (“mommy track” vs. career track)

Gender discrimination

Sexual harassment

http://www.thedailybeast.com/articles/2015/05/11/john-oliver-slams-america-s-mother-s-day-hypocrisy-not-providing-paid-leave-for-new-moms.html

*

Five Forms of

Sexual Harassment
1. Sexual remarks and actions not intended to lead to sexual activity
2. Inappropriate/offensive behavior that causes discomfort
3. Solicitation of sex with promise of reward
4. Coercion into sexual activity with threat of punishment
5. Sexual crimes and misdemeanors

*

Race:
nothing more than a social construct, with no biological basis
“denotes a particular way in which differences (phenotypical) come to be constructed and understood”

Racism:
old-fashioned racism: open bigotry and public policies supporting segregation and other forms of racial discrimination
today’s racism: more subtle, based on feelings that discrimination is a thing of the past but that blacks are not sufficiently self-reliant, self-disciplined, or otherwise do not adhere to the values inherent in the PWE
victims cope by “wearing the mask,” keeping a low profile, developing networks, acting reluctantly as spokespersons in the white world source: “The Only One: Being Black in the White Working World”

Race as a Dimension of Diversity

*
New racism:
while endorsing doctrines of equal opportunity and integration, some whites adamantly oppose such policies as affirmative action, forced bussing, and government payments to welfare recipients (who are mistakenly perceived as mostly black)
new racists believe that blacks and other groups are getting ahead almost too fast due to “unfair” policies such as AA
new racists will not engage in discriminatory actions unless those actions could be somehow justified
sign at Cab Company: “Do not pick up any black males unless you feel it is safe. There have been too many robberies lately, and they have all been by black males”
because driver safety and security are legitimate business concerns in this company, the author probably felt little remorse about setting racially discriminatory policies based on negative experiences with only a few representatives of the black male population
the new racist ideology works its way into organizations by using the modern language of person-organization fit
“values, style, personality” rather than skin color, stereotypes of blacks being lazy translated into “not enough of a self-starter”
racial attitudes tend to trickle down in organizations

The Wage Gap

*

The Wage Gap

*

Debate #2:

The #MeToo movement will help women achieve parity in the workplace.

Changing Structures and Policies
Recruitment
Examine employee demographics.
Examine composition of the labor pool in the area.
Examine composition of the customer base.
Career Advancement
Eliminate the glass ceiling.
Accomplish mentoring relationships.
Accommodating Special Needs
Child care
Non-English speaking training materials and information packets can be provided.
Maternity or paternity leave.
Flexible work schedules.
Home-based employment.
Long-term-care insurance, special health or life benefits.
Many policies within organizations originally were
designed to fit the stereotypical male employee…

*

According to a recent study by the Families and Work Institute, American employees today spend an average of
44 hours/week working.

If you take part-timers who put in < 20 hours/week out of the equation, the average work week expands to 47 hours/week. That's 3.5 hours/week more than we were working in 1977. The study also shows that 33% of employees bring work home more than once per week. So it's no surprise that the number of employees who would like to work fewer hours has risen 17% in the last two decades. The average American employee now works 100 hours/year (more than 2 full weeks) longer than the average Japanese or Korean. Right to a Balanced Lifestyle? personal work personal work personal work c. 1840 c. 1980 c. 2018 work ethic consumption ethic convivia ethic Measure self-worth by our work, sacrifice, and lack of time. Measure self-worth by our house, car, job, office size, and toys. Measure self-worth by our time to play. Eat in a hurry. Eat everything. Eat slow. How to save time and add more hours to the day. How to turn on the VCR and get directions to the mall. How to engage with nature and find meaning. Stuff is reward for hard work. I am entitled to stuff. Have less stuff! Ignore family problems or divorce. Throw money at family problems. Convene with family and meditate. “The one with the most hours worked wins!” “The one with the most toys wins!” “The one with time to dance wins!” Workaholism/ Organization Man Prozac Nation Relationships rule * * Pluralism is the process through which cultural differences are acknowledged and preserved (ex – advocates of multicultural education argue that the study of US history should be more pluralistic, reflecting the cultural experiences of all people in the US, not just Anglo-Saxons). Continued cultural separation exists in the midst of all this diversity here in the US. many residents in US continue to live in neighborhoods separated along racial, ethnic, and economic lines (ex – Hispanic barrios, Little Italy, Chinatown, chocolate cities, vanilla suburbs) the upper levels of business remain white and male (ex – Labor Department has demonstrated that the Glass Ceiling is still very much in place) religious worship is extremely segregated (ex – Martin Luther King called our time of worship the most segregated hour of the week) while the percentage of students of color is increasing, racial diversification among teachers has not kept pace in recent years there has been a resurgence of intergroup hostility and intolerance (ex – not only KKK members and skinheads, but hate crimes in schools) * * * * * New racism: while endorsing doctrines of equal opportunity and integration, some whites adamantly oppose such policies as affirmative action, forced bussing, and government payments to welfare recipients (who are mistakenly perceived as mostly black) new racists believe that blacks and other groups are getting ahead almost too fast due to “unfair” policies such as AA new racists will not engage in discriminatory actions unless those actions could be somehow justified sign at Cab Company: “Do not pick up any black males unless you feel it is safe. There have been too many robberies lately, and they have all been by black males” because driver safety and security are legitimate business concerns in this company, the author probably felt little remorse about setting racially discriminatory policies based on negative experiences with only a few representatives of the black male population the new racist ideology works its way into organizations by using the modern language of person-organization fit “values, style, personality” rather than skin color, stereotypes of blacks being lazy translated into “not enough of a self-starter” racial attitudes tend to trickle down in organizations * * * Employee rights Issues involved Right to freedom from discrimination Equal opportunities, Affirmative action, Reverse discrimination, Sexual and racial harassment Right to privacy Health and drug testing, Work - life balance, Presenteeism, Electronic priva cy and data protection Right to due process Promotion, Firing, Disciplinary proceedings Right to participation and association Organization of workers in works councils and trade unions, Participation in the company’s decisions Right to healthy and safe working conditions Working conditions, Occupational health and safety Right to fair wages Pay, Industrial action, New forms of work Right to freedom of conscience and speech Whistleblowing Right to work Fair treatment in the interview, Non - discriminato ry rules for recruitment

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