Manajemen SDM Ii: Equal Employment Opportunity

MANAJEMEN
SDM II
CHAPTER 3
EQUAL EMPLOYMENT
OPPORTUNITY
DISCUSSION QUESTIONS
In your opinion, what effects
does workforce diversity Positive Negative
have on employees and
organization?
WHAT IS DIVERSITY?
Diversity means being diverse or varied, and at work means

having a workforce comprised of two or more groups of
employees with various racial, ethnic, gender, cultural, national
origin, handicap, age, and religious backgrounds (Dessler, 2013).
A mixture of people with different group identities within the same

social system.
Discrimination Equality
Diversity
EQUAL EMPLOYMENT OPPORTUNITY (EEO)
The condition in which all individuals have an equal chance for

employment, regardless of their :
Nationality
Gender Age Religion
/ Race
Education Color Disability
Source: Noe et al. (2010)

Equal Employment Opportunity Commission (EEOC)
Agency of the Department of Justice charged with enforcing Title VII
of the Civil Rights Act of 1964 and other antidiscrimination laws
(Noe et al., 2010).
Administer and enforce the Civil Rights law at work. The EEOC may
file discrimination charges on behalf of aggrieved individuals, or the
individuals may file on behalf of themselves (Dessler, 2013).
Does Indonesia have equal employment opportunity
laws?
CHAPTER III: EQUAL OPPORTUNITIES
ARTICLE 5: Any manpower shall have the same opportunity to get a
job without discrimination.
ARTICLE 6: Every worker/ labourer has the right to receive equal
treatment without discrimination from their employer.
EXAMPLES OF EMPLOYMENT
DISCRIMINATION OR COMPLAINTS
The Lilly Ledbetter Fair Pay Act
Case 1 For 10 years, Lilly Ledbetter fought to close the gap
between women’s and men’s wages, sparring with the
Supreme Court, lobbying Capitol Hill in a historic
discrimination case against Goodyear Tire and Rubber
Company.
Ledbetter won a jury verdict of more than $3 million after

having filed a gender pay discrimination suit in federal court,
but the U.S. Supreme Court later overturned the lower
court’s ruling. Despite her defeat Ledbetter continued her
fight until the Supreme Court decision was nullified when
President Obama, on January 29, 2009, signed into law the
first new law of his administration: the Lilly Ledbetter Fair
Pay Act.
Ledbetter will never receive restitution from Goodyear, but

she said, "I'll be happy if the last thing they say about me
after I die is that I made a difference."
Case 2: Age Discrimination in Employment Act (ADEA)

Case 3: Americans with Disabilities Act (ADA) of 1990

Case 4: Employer’s dress and appearance code
• Alamo Rent-A-Car lost a case when they tried to prevent a

Muslim woman employee from wearing a head scarf
• A religious discrimination charge was filed against

Abercrombie & Fitch Stores, Inc. In this case, an applicant by
the name of Samantha Elauf learned that she was not hired
because she wears a head scarf.
Case 5: Women’s rights in Indonesia
Diskriminasi terhadap perempuan dengan masih dibiarkannya perda-

perda diskriminatif terhadap perempuan di berbagai daerah di Indonesia.
Akhir tahun 2014 berdasarkan catatan Komnas Perempuan terdapat 365
perda diskriminatif terhadap perempuan, dan sampai saat ini Pemerintah
masih belum bertindak secara aktif untuk menghapuskannya.
Diskriminasi terhadap buruh perempuan dalam hal standar upah dan
pemenuhan hak-hak maternitas serta kesehatan reproduksi masih marak
terjadi di berbagai wilayah. Permpuan dipecat karena hamil maupun
menyusui dengan alasan tidak produktif masih juga terjadi.
DEFENSES AGAINST DISCRIMINATION ALLEGATIONS
Discrimination law distinguishes between disparate treatment

and disparate impact.
Disparate Treatment Intentional discrimination

Exists where an employer treats an
individual differently because that “We do not hire bus
individual is a member of a particular drivers over 60 years of
race, religion, gender, or ethnic age”
group.
DEFENSES AGAINST DISCRIMINATION ALLEGATIONS
Disparate Impact
An employer engages in an
employment practice or policy “employees must have
college degrees to do
that has a greater adverse impact this particular job”
(effect) on the members of a
protected group under Title VII
exemplifies this (because more white
than on other employees, males than some minorities earn
regardless of intent. college degrees).
DIVERSITY MANAGEMENT AND AFFIRMATIVE
ACTION PROGRAMS
Managing diversity means maximizing diversity’s
potential advantages while minimizing the potential
barriers – such as prejudices and bias – that can
undermine the functioning of a diverse workforce.
1. Top-down program
Provide strong leadership
Assess the situation
Provide diversity training and education
Change culture and management systems
Evaluate the diversity management program
2. Encouraging Inclusiveness
Inclusive Strategies Barriers to Inclusion
Personal Level
Become aware of prejudice and other barriers to Stereotypes, prejudices
valuing diversity
Learn about other cultures and groups Past experiences and influences
Serve as an example, walk the talk Stereotyped expectations and perceptions
Participate in managing diversity Feelings that tend to separate, divide
Interpersonal Level
Facilitate communication and interactions in ways Cultural differences
that value diversity
Encourage participation Group differences
Share your perspective Myths
Facilitate unique contributions Relationship patterns based on exclusion
Resolve conflicts in ways that value diversity
Accept responsibility for developing
common ground
Inclusive Strategies Barriers to Inclusion
Organizational Level
All employees have access to Individuals who get away with
networks and focus groups discriminating and excluding
All employees take a proactive role in A culture that values or allows
managing diversity and creating a exclusion
more diverse workplace culture
All employees are included in the inner Work structures, policies, and
circle that contributes to the bottom- practices that discriminate and
line success of the company exclude
All employees give feedback to teams
and management
All employees are encouraged to
contribute to change
3. Developing a Take an active role in educating yourself
Multicultural
Consciousness Put yourself in a learning mode in any
multicultural setting
Move beyond your personal comfort zone
Don’t be too hard on yourself if

misunderstandings arise
Realize that you are not alone

4. Affirmative Action
Ensure employment opportunities for those who may have
suffered past discrimination, and having the employer take
actions (in recruitment, hiring, promotions, and
compensation) to eliminate the current effects of past
discrimination.
Key aims of affirmative action programs are:
• Use numerical analysis to determine which (if any) target groups
the firm is underutilizing relative to the relevant labor market;
• Eliminate the barriers to equal employment.
Diversity is about seeking to go
beyond equality and ensuring
that organizations are able to
capture the benefits of
‘difference’ between human
beings as a means of achieving
a competitive advantage.

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MANAJEMEN

Diversity means being diverse or varied, and at work means

A mixture of people with different group identities within the same

The condition in which all individuals have an equal chance for

Education Color Disability

Source: Noe et al. (2010)

Ledbetter won a jury verdict of more than $3 million after

Ledbetter will never receive restitution from Goodyear, but

Source: Noe et al. (2010)

Source: Noe et al. (2010)

• Alamo Rent-A-Car lost a case when they tried to prevent a

• A religious discrimination charge was filed against

Diskriminasi terhadap perempuan dengan masih dibiarkannya perda-

Discrimination law distinguishes between disparate treatment

Disparate Treatment Intentional discrimination

Move beyond your personal comfort zone

Don’t be too hard on yourself if

Realize that you are not alone

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