Section 1.docx

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Department
Human Resources and Organizational Behaviour
Course
HROB 2100
Professor
Sara Mann
Semester
Fall

Description
Section 1: Foundations, Legal Requirements & Individual Differences Chapter 1: The Changing Legal Emphasis The Legal Framework for Employment Law In Canada -In Canada, primary responsibility for employment-related law resides with provinces & territories -vacations, statutory holidays, minimum wage are standards provided by federal & provincial jurisdictions(but specific entitlements vary in different juristic ions) Regulations- legally binding rules established by the special regulatory bodies created to enforce compliance with the law and aid in its interpretation -human rights commissions & ministries of labour develop legally binding rules& evaluate complaints -illegal in every jurisdiction in Canada to discriminate on basis of disability -laws that regulate areas of HRM: occupational health & safety (occupational health and safety union, relations(labour relations acpensions (pension benefits ac& compensation (pay equity acts, the Income Tax Act) Employment/Labour Standards Legislation Employment (labour) standards legislation- laws in every Canadian jurisdiction that establishes minimum employee entitlements & limits on maximum number of hours of work allowed per day /week -enforcement is complaint-based -covers all employers & employees in Canada, including unionized employees -establishes wages (paid holidays, vacatio, bereavement leave, parenting, adopting, maternity, termination notice, compassionate care leave, & overtime pay - uses principal equal pay for equal work (males & females paid the same when performing same or similar work) (ie. illegal to employ female nurses as “program administrators” and men as “health professionals” and pay them differently)  pay differences are based on seniority or productivity) Legislation Protecting Human Rights -illegal to discriminat(even unintentionallyamongst various groups Charter of Rights and Freedoms- guarantees fundamental freedoms to all Canadians (federal law- 1982) -applies to all levels of government(federal, provincial/territorial, m& agencies under their jurisdiction -takes precedence over all other laws; except charter allows to infringe on if they can be demonstrably justified as reasonable limits in a “free and democratic society” 1. Freedom of conscience and religion 2. freedom of thought, belief, opinion, & expression, including freedom of the press & other media of communication 3. freedom of peaceful assembly 4. freedom of association Equality rights- guarantees right to equal protection & equal benefit of the law without discrimination Human Rights Legislation -prohibits intentional & unintentional discrimination (pertaining to all aspects, terms, & conditions of employment) - addresses ways employees should be treated on the job & the climate in which they work -managers must be familiar with human’s right legislation & their legal obligations & responsibilities -all jurisdictions prohibit discrimination on the grounds of race, color, religion/creed, sex, marital status, age, physical & mental disability, &sexual orientation -not all jurisdictions prohibit discrimination on the basis of national or ethnic origin, family status, ancestry or places of origin, & various other grounds Discrimination – Intentional and Unintentional Discrimination-when someone is accused of acting in an unfair or prejudice manner Intentional Discrimination: employer cannot discriminate directly by deliberately refusing to hire, train, or promote individual on any of the prohibited grounds -employer can’t show differential or unequal treatment (ie. illegal for employer to request only female applicants to show lifting skill unless all applicants are asked to do so) -can’t discriminate because of association – can’t deny of rights because of friendship or other relationship with protected group member ) (ie. refusal of male who’s wife is sick and will require too much of his time and attention to suit her needs) Unintentional (constructive or systemic) discrimination- embedded in policies & practices that appear neutral on the surface & being implemented impartially, have an adverse impact on specific groups of people for reasons that are not job related or required for the safe & efficient operation of the business -most difficult to detect & combat -(ie. minimum height/weight requirements; screen out women & Asians, who tend to be shorter) -(ie. internal hiring policies or word-of-mouth hiring in workplaces that have not embraced diversity limited accessibility to company premises, which poses a barrier to persons with mobility limitations -(ie. culturally biased or non-job-related employment tests, which discriminate against specific groups) -(ie. job evaluation systems that are not gender-neutral; undervalue traditional female dominated jobs) -(ie. promotions based on seniority/experience that have history of being white-male dominated) -(ie. lack of harassment policy, guidelines or an organizational climate where certain groups feel unwelcome & uncomfortable ) Requirement for Reasonable Accommodation Reasonable accommodation- adjustment of employment policies & practices that an employer may be expected to make so no individual is denied benefits, disadvantaged in employment, or prevented from carrying out the essential components of a job because of grounds prohibited in humans right legislation -may involve scheduling adjustments to accommodate religious beliefs or workstation redesign to enable an individual with a physical disability to perform a particular task Undue hardship- point to which employers are expected to accommodate under human rights legislative requirements -failure to accommodate employees is violation of human rights legislation Permissible Discrimination Bona fide occupational requirements (BFOR)- justifiable reason for discrimination based on business necessity (required for safe & efficient operation of organizatioor a requirement that can be clearly defended by the tasks an employee is expected to perform (ie. person who’s blind can’t be truck driver) Human Rights Case Examples Race And Colour -2 construction companies discriminated against 38 Latin American workers by treating them different than European workers (lower wages & inferior accommodations) Sexual Orientation - laws must define “common-law partners” to include same- & opposite-sex couples (ie. employer refused proper action when employee was being harassed for being gay) Age-many employers believe it’s justifiable to specify minimum/maximum ages for certain jobs (rarely does evidence support that age indicates person’s ability to perform particular type of work) -(ie. employer had to lay-off staff & chose older people to terminate, saying they “hoped to keep people with career potential”) Religion-cannot deny people time to pray or prohibit the wearing of a hijaab Family Status -employee requested shift changed back to original shift because it made it difficult for her to find caregiver Harassment- unwelcome behaviour that demands, humiliates, or embarrasses a person & that a reasonable person should have known would be unwelcome (ie minority women harassed on for sex & race) -some jurisdictions prohibit harassment on all prescribed grounds, while others only sexual harassment -unwelcome remarks, slurs, jokes, taunts, or suggestions about a person’s body, clothing, race, national or ethnic origin, colour, religion, sex, age -unwelcome sexual remarks, invitations, or requests, written or verbal abuse or threats, vandalism of personal property, physical or sexual assault Sexual harassment- offensive or humiliating behaviour related to a person’s sex, as well as behaviour of a sexual nature that creates intimidating, unwelcome, hostile, or offensive work environment or that could reasonably be thought to put sexual conditions on a personas job or employment opportunities -employers responsibility to protect employees from harassment (provide safe & healthy work conditions) -if employers aware of harassment occurring, they can be charged as the alleged harasser 1. Sexual coercion- harassment of sexual nature that results in some direct consequence to the workers employment status or some gain or loss of tangible job benefits (manager using control of employment, pay, performance, appraisal results, or promotion to try to coerce employee to grant sexual favors) 2. Sexual annoyance- sexually related conduct that is hostile, intimidating, or offensive to employee but has no direct link to tangible job benefits or loss thereof Harassment policies should include: -policy statement says company is committed to safe & respectable work environments & harassments against law -information for victims (are to identify harassment and what is not harassment) -employees’ rights and responsibilities (respect others, speak up, report harassment) -employers & managers responsibilities(what to do if harassed, accused of harassing, remedies for the victim) -penalties for retaliation against a complaint & guidelines for appeals -how the policy will be monitored an adjusted Enforcement -commission borne costs, not complaint , so process accessible to all employees (regardless of financial m)ans -most common remedy of discrimination is compensation for lost wages, others include compensation for general damages, complaint expenses, and pain & humiliation -violator’s generally asked to restore rights, opportunities & privileges denied to the victim (employment & promotion) & letter of apology may be required Employment Equity Legislation -Charter of Rights & Freedoms legalizes employment equity that go beyond human rights laws -4 identifiable groups that are discriminated against by employers: women, aboriginal people, persons with disabilities, & visible minorities(lower pay, occupational segregation, higher rates of unemployment, underemployment, concentration in low-status jobs with little potential for career growth) Occupational segregation- existence of certain occupations that have been traditionally male or female dominated (historically, women worked in few jobs such as nursing, teaching, sales, and secretarial/clerical work) Glass ceiling- invisible barrier, caused by attitudinal or organizational bias, which limits advancement opportunities of qualified designated group members Women- 2/3 -teachers, nurses (related health occupations),clerks (other administrative positions),sales & service’s -virtually no change in proportion of traditionally female employed occupations over past decade -women continue to be under-represented in engineering, natural sciences, and mathematics Aboriginals-higher unemployment rate, most employed in low-skilled, lower income jobs People with Disabilities-45% people with disabilities are employed, while 80% of non-disabled are -63% people with mild disability are employed; 28% with a severe to very severe disability are working Visible minorities- usually can’t get employed to take full advantage of their knowledge, skills, & abilities Underemployment- employed in job that doesn’t utilize one’s knowledge, skills, & abilities (KSAs) (many immigrants are highly educated visual minorities) Employment Equity Legislation Barriers - focuses on bringing 4 traditionally disadvantaged groups into mainstream of Canada’s labour force - intended to remove employment barriers & promote equity for members of the 4 designated groups -employers under federal jurisdiction must prepare annual plan with goals to better represent designated group members at all company levels & submit annual report on progress in meeting goals Employment Equity Programs Employment equity program-plan designed to identify & correct existing discrimination, redress past discrimination, & achieve balanced representation of designated group members in the organization -mandatory employment programs virtually non-existent in provincial/territorial jurisdictions -some provinces have equity policies that encourage employment equity plans in provincial departments & ministries (Quebec employers with over $100k in provincial funding must implement plan) 6 steps of employment equity process 1.Senior Management Commitment & Support - to employment equity’s essential to program’s success -essential for written policy to be endorsed by senior management & distributed to every employee -should appoint senior official to be responsible for program design and implementation 2. Data Collection and Analysis -development of internal workforce profile compares internal representation with external workforce availability data, set reasonable goals, & measure progress Utilization analysis- compares internal workforce representation with external workforce availability (finds underutilization & concentration of designated group members in specific occupations or at certain organizational levels) 3.Employment Systems Review-determine impact of policies & procedures manuals, informal practices,& collective agreements on designated group members to eliminate barriers (ie. job classifications & descriptions, recruitment & selection process, transfer & promotion procedures, compensation policies & practices, and discipline & termination procedures) 4. Plan Development- long & short goals that are flexible & have timetables are essential -goals are estimates of results that experts in firm establish based on knowledge of workplace & employees and availability of individuals -quantitative goals should be set, specifying number or % of qualified designated group members to be hired, trained, or promoted into each occupational group within a specified period of time Special Measures: 1-Positive measures- initiatives designed to accelerate entry, development, & promotion of designate group members, aimed at overcoming residual effects of past discrimination 2-Accommodation measures- strategies to help designated group members do essential job duties (upgrading facilities for an employee with disabilities) 3. Supportive measures- strategies to enable employees to better balance work & other responsibilities (flexible work schedules in northern Canada allow aboriginal employees to do traditional fishing & hunting) Reverse discrimination- giving preference to designated group members to the extent that non- members believe they are being discriminated against 5. Implementation- process that transforms goals, timetables, & special measures into reality -strategies differ in every firm because of organizations unique culture and climate 6. Monitoring, Evaluating, and Revising-requires control system so progress & success, or lack there,f can be evaluated Diversity Management Diversity Management- activities designed to integrate all members of an organization’s multicultural workforce and use their diversity to enhance the firm’s effectiveness -main focus is to attract and retain best talent -ethical and social responsibility issues involved in embracing diversity, there are other more pragmatic reasons for doing so -employees with different ethnic backgrounds often possess foreign language skills, have knowledge of different cultures and business practices, and may have established trade links in other nations which can lead to competitive advantages -visible minorities can also help increase organizations competitiveness and international savvy in the global business arena Creating Inclusive Commitment -organizations that have been successful in managing diversity have worked hard to create an inclusive environment by: ●Top Management commitment ●Integration of diversity initiatives and talent management ●Diversity training programs ●Support groups ●Critical relationship networks ●Open dialogue ●Management responsibility and accountability Chapter 2: Perception, Personality, and Emotions Perception Defined Perception- process individuals organize & interpret impressions to give meaning to their environment (what we perceive can be different in objective reality; way individual understands situation) -employees perceive different situations differently for different reasons(frame of reference, past experiences, age, gender) -perceive: “Dave is not performing well on the job” Factors influencing Perception -can reside in perceiver, in the object or target, or in the context of the situation Attribution Theory Attribution Theory- when we observe what seems like atypical behaviour by an individual, we attempt to determine whether it is internally or externally caused -actually assigning causes/motives to a person’s behaviour -attribute: “Dave is not performing well on the job BECAUSE he is lazy/doesn’t know how -internally caused behaviour under personal control (person thinks your late due to partying & oversleeping) -externally -when something outside individual caused behaviour (instructor assumes car accident tied up traffic) Behavioural Rules Relyed On To Determine Whether Behaviours are Internal or External Attribution Ques (subconciously): ●Distinctiveness- considers whether an individual acts similarly across variety of situations -if behaviours unusual (high), observer likly to make external attribution -if behaviours usual (low), observer likely to make internal attribution (ialways underperforming, being late) ●Consensus- considers if everyone faced with similar situation responds in same way (show consensus) -if behaviour is often, shows consensus (high), you’d expect to give external attribution -if behaviour is rare, does not show consensus (low), you’d expect to give internal attribution ●Consistency- considers whether individual has been acting in same way over time (acted this way in past) -if behaviour was often, consistency is high, you’d expect to give internal attribution -if bevaiour was seldom, consistency is low, you’d expect to give external causes How Attribution Gets Distorted (Biases): Attribution Biases ●Fundamental attribution error- tendency to underestimate influence of external factors & overestimate influence of internal factors when making judgments about the behaviour of others (manager attributes poor performance to laziness rather than acknowledging impact of competitior) ●Self-Serving Bias- tendancy for individuals to attribute their own successes to internal factors while putting the blame for failures on external factors ( when we succeed more likely to attribute to internal factors; when we fail, tend to blame external factors) Perceptual Errors ●Primacy- reliance on early, first impressions (studies show if negaitve information in interview is revealed early it tends to weigh more heavily than if the same information came out later in the interveiw) ●Recency- most recent information dominates perceptions ●Implicit Personality Theories- personal theories that people have about which personality characteristics go togthers (may believe hardworking people are honest, or formal boss is insensitive) ●Selective Perception-people’s selective interpretation of what they see based on their interests, background, experience, and attitudes (most likely to notice cars that look like your own) ●Halo Effect- drawing a general impression of individual on the basis of a single characteristic ●Contrast Effect- concept that our reaction to the one person is often influenced by other people we have recently encountered (reaction to one person is often influenced by other people we’ve recently encountered) ●Projection Error- attributing one’s own characteristic to other people (you are trusting and honest and assume others will be to) ●Stereotyping- judging someone on the basis of one’s perception of the group to which that person belongs (when someones judged based on group they belong to) Heuristics- judgment shortcuts in decision making ●Prejudice-an unfounded dislike of a person or group based on their belonging to a particular stereotyped group (is someone dislikes particular religion ●Similar-to-me-effect -find something about someone that’s similar to others & automatically liking them & rate them favorably because of common aspect Why Preception and Judgment Matter -people in organizations are always judging each other -interviews& performance appraisals perception matters ( affects if individual is hired, promotions, raises) -appraisals can be objective (based on sales values)or subjective terms (how they precieve things) Self-fulfilling prophecy- concept that person behaves consistently with how they’re perceived by others -people try to attempt to validate their perceptions of reality, even when perceptions are faulty -people’s expectations determine their behaviour (if manager expects big things, they likely not let him down) Personality Personality- stable patterns of behaviour & consistent internnal states that determine how an individaul reacts to & interacts with others Personality traits- enduring characteristic that describe individual behaviour (shy, aggressive, loyal, timid, lazy) Personality Determinants -argument on if personalitys predetermined at birth or is result of individual interaction with enviroment Heredity- factors that were determined at conception (physcial stature, facial attractivness, gender, temperment, muscle compostion, reflexes, enery level, & biological rhythms) -reaserchers found genetics can explain about 50% of personality differences & more than 30% of the variation in occupational and leisure interests found in individuals Measuring Personality -personality tests are usful in hiring decisions & managing people with different personalities -most common way to measure is self-report survey ( evalate self by ratingthemselves on series of factors) -weakness of self-report survey is participants may lie or practice good impressions or accuracy Myers-Briggs Type Indicatar (MBTI)- most widly used personality assesment in world, it is a test that taps 4 characteristics & classifies people into 1 of 16 personality types -lacks valid supporting evidence -100 question personality test that asks people how they usualy feel or act in particular situations & their responses classify them as a personality type based on 4 characteristics: 1/extroveryed or introverted (E or)extroverts-outgoing, sociable, assertive ; introverts-shy, quiet 2/sensing or intuitive S or )sensing are practical,prefer routine & order;intuitives look at big picture 3/thinking or feeling (T or thinking relies on reason&logic to solve problems; feeling on own values&emotions 4/-judging or precieveing (J or)-judging types want control & prefer to be ordered & structured; percieving __types are flexible& spontaneous The Big Five Personality Model -widely accepted, back up by much research ● Extraversion- degree to which a person is sociable, talkative & assertive -extraverts tend to be happier in jobs, lives & experience more positive emotions, express feelings more freely, tend to be more impulsice ● Agreeableness-degree to which a person is good-natured, cooperative, and trusting -agreeable people tend to be more happy (only slightly) liked by others, compliant & rule abiding, do better in school, poor negotiaters (since concerned with pleasing others, too agreeable to negotiate) ●Conscientiousness -degree t
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