Transgender Criminal Justice: Ethical and Constitutional Perspectives

People identifying as transgender or gender nonconforming (TGNC) face increased discrimination, harassment, and victimization compared to cisgender individuals (whose experienced gender matches their sex assigned at birth). Despite these increased discriminatory experiences, TGNC populations report hesitance to seek assistance from the criminal justice system due to concerns regarding revictimization and criminalization. TGNC individuals face an increased risk for interacting with the criminal justice system as a result of homelessness, socioeconomic status, and historical criminalization of their identities. Many TGNC individuals who experience incarceration report not only discrimination and verbal harassment but also physical and sexual abuse at the hands of criminal justice employees and other inmates. Thus, the incarceration experiences of TGNC individuals differ substantially from those of cisgender individuals. The negative implications of this differential are further exacerbated by a noteworthy lack of structured protocols regarding treatment of TGNC inmates. Existing policies violate the Eighth Amendment to the U.S. Constitution. The present article examines these arguments in relation to the American Psychological Association’s ethics code and relevant specialty guidelines and proposes ways that psychologists working with these institutions could apply their knowledge and skills to reduce human rights violations.     

Working Abroad and Expatriate Adjustment: Three Disciplinary Lenses for Exploring the Psychological Transition Cycle of International Employees

Millions of people are working abroad in countries other than their native ones. Among the largest group are those relocated for temporary assignments by their employers. Expatriate employees go through a psychological transition cycle as they prepare to leave their home country, arrive, adapt, and work in the host country, depart, return and re‐adjust to their home country. Three social science disciplines, psychology, intercultural communications studies, and international management, have examined this progression of cultural transitions, recommended coping solutions and advanced our understanding of the process of working abroad. These literatures on expatriate adjustment are summarized in this article. An interdisciplinary approach is suggested which would pose research questions aimed at pragmatic solutions to the transition crises experienced by international employees.     

Impact of Affirmative Action on Beneficiary Groups: Evidence From the 1990 General Social Survey

Earlier studies relying on laboratory experimentation have concluded that affirmative action, at least when it involves preferential selection, can have debilitating social psychological effects on beneficiaries unless special care is taken to avert these risks. We question the applicability of the laboratory findings to real beneficiaries of affirmative action on several counts, primary among them the fact that "set aside" preferential selection, as simulated in the lab experiments, is illegal for all but that small proportion of employers who are under court order to remedy their own past discrimination. This study takes a different approach to assessing the impact of affirmative action on beneficiaries. For White women and African-American employees of both sexes, we use 1990 General Social Survey data to compare workers whose employers practice affirmative action with those employers do not. Data from this national probability sample give no indication that benefiting from affirmative action has negative effects for either group on any social psychological outcome examined. African-American workers did show two positive effects of employment at an affirmative-action firm, with one clearly significant and the other nearly so: Those whose employers practice affirmative action (a) show greater occupational ambition and (b) are more likely to believe that people are helpful. Claims that affirmative action blights the psychological functioning of beneficiaries are not supported by these survey responses from a national probability sample.     

Bringing social identity to work: the influence of manifestation and suppression on perceived discrimination, job satisfaction, and turnover intentions

In the current article, we explored whether manifesting or suppressing an identity (race/ethnicity, gender, age, religion, sexual orientation, or disability) at work is related to perceived discrimination, job satisfaction, and turnover intentions. Participants included 211 working adults who completed an online survey. The results showed that efforts to suppress a group identity were positively (and behavioral manifestations of group identity negatively) related to perceived discrimination, which predicted job satisfaction and turnover intentions. These results suggest that diverse employees actively manage their nonwork identities while at work and that these identity management strategies have important consequences.     

An exploratory study of perceived discrimination and homesickness: a comparison of international students and American students

The authors examined group differences in perceived discrimination and homesickness in a sample of 439 college students (198 international and 241 U.S. students) from 2 campuses of the same university. Within the international student group, the authors also examined relationships between homesickness, discrimination, age, English proficiency, and years of residence in the United States. Results indicated that international students experienced higher levels of discrimination and homesickness than did U.S. students. Age, English proficiency, and perceived discrimination predicted homesickness among the international students. Younger students, students with lower levels of English proficiency, and students with higher levels of perceived discrimination reported having higher levels of homesickness. Also, years of residence and race or ethnicity predicted international students' level of perceived discrimination. Being a European international student predicted lower levels of perceived discrimination than did being an international student from other regions of the world. The authors discuss implications for higher-education institutions and counseling personnel.     

family responsibilities discrimination: what employment counselors need to know

Family responsibilities discrimination—bias against workers based on their responsibilities to care for family members—is rapidly becoming a 21st‐century workplace concern. Employers who harass, pass over for promotion, or terminate workers because such workers care for children, spouses, elderly parents, or family members with disabilities have been sued with more frequency and have been incurring increasing litigation costs. Recently, the U.S. Equal Employment Opportunity Commission took an important step toward ending this discrimination by issuing enforcement guidance that addresses family responsibilities discrimination and caregivers' rights and responsibilities. This article addresses the guidance and its importance for employment counselors.     

"Lost in a Shopping Mall"--A Breach of Professional Ethics

State universities have grown to become monumental enterprises generating revenues of more than $124 billion a year in the sale and delivery of education and other services. They compete in a marketplace composed of private secular, nonsecular and for-profit higher education institutions. In addition, state universities in their own right engage in a number of traditionally for-profit "business" enterprises competing with the private sector. However, as the enterprise aspect of state universities grows; so too does the impact of a unique competitive advantage enjoyed solely by state universities--that is, the ability of state universities to immune themselves from lawsuit in federal court under the guise of "sovereign immunity" for disputes arising under federal employment laws. Indeed, as a consequence of recent Supreme Court rulings, state agencies, including universities, are the only entities in the United States that are effectively exempt from the enforcement of federal employment laws in federal or state courts. This article reviews the condition of the "two faces" of the state university regarding federal employment law and the apparent new barriers to federal court access of employees to judicial review of employment disputes.     

ATTITUDES INFLUENCING EMPLOYMENT OF THE HANDICAPPED

This study investigates the effect of existing attitudes on employment practices of two groups of Texas employers, the first employing visually handicapped persons, and the second employing physically handicapped persons. After personal interviews, all 24 participants were administered the Survey of Interpersonal Values (SIV) and the Action, Cognition, and Emotion Test (ACET). Among conclusions drawn from the findings were that employers of the visually handicapped indicate their willingness to hire persons with physical disabilities, that employers who show willingness to employ handicapped personnel at the professional level tend to value leadership traits in employees, that employers may not carry through with actual employment of the handicapped even though they communicate interest in and tolerance for these individuals, that employers' positive attitudes appear to relate significantly to positive experiences with handicapped workers, and that the larger the population center the more receptive the attitudes of employers toward the handicapped.     

WEIGHT-BASED DISCRIMINATION IN EMPLOYMENT: PSYCHOLOGICAL AND LEGAL ASPECTS

This article takes an interdisciplinary approach to the issue of weight-based discrimination in employment, drawing on diverse literatures (psychology, law, sociology, economics), and integrating a review of empirical research and a traditional legal analysis. First, empirical research that focuses on the extent of bias against overweight individuals in employment contexts is reviewed and evaluated. Second, current legal requirements relevant to weight-based discrimination in employment are identified and discussed, and those requirements are applied to the research findings to assess the extent to which the weight-based bias identified in the reviewed studies involves illegal discrimination. Third, based on the results of the review of the research and legal literatures, future research directions are offered and practical implications for employers and policy makers are identified.     

La discrimination ethnique à l’emploi : le rôle des préjugés,du contact intergroupe et des orientations d’acculturation

Introduction and objectiveLittle is known about employment discrimination in France. The goal of this study was to examine some of the determinants of employment discrimination toward French Young from Turkish and North-african Immigration (YTNI).MethodUnder this perspective, 62 employers filled out an anonymous questionnaire in France (Auvergne).ResultsFirst, results reveal that the level of employers’ prejudice determines their behavioural intentions during recruitments, especially two kinds of prejudice: perception of YTNI overpopulation, and perception of incompatibility between YTNI recruitment and firm brand image. Second, the quality of intergroup contact is significantly related to prejudice, but not to discrimination. Concerning employers’ acculturation orientations, they prefer segregation compare to assimilation. Finally, the more they endorses ethnocentric acculturation orientations, the more they are prejudiced and the more they have the intention to discriminate.ConclusionThis research suggests courses of action for the reduction of employment discrimination.     

The impact of Federal rehabilitation laws on the expanding role of employee assistance programs in business and industry

Federal statutory and case law protecting the rights of individuals with disabilities has had a major impact in expanding the occupational options for mentally and physically impaired employees. One serendipitous result of these protections has been the expansion of job opportunities for psychologists in business and industry. This article examines important federal laws and regulations pertaining to the employment rights of the handicapped worker and emphasizes the intricacies involved for psychologists who work in the employee assistance field or who consult with management. The expansion of vocational options for psychologists working with business is traced, and future prospects for psychologists in this area are explored.     

Waiting for the Other Shoe to Drop: Help for the Job-Insecure Employee

Although the U.S. economy is flourishing, a segment of the workforce still faces job insecurity as a salient feature of employment. As companies focus on competition and profit margins, workers are confronted with threats to their identities based on real or anticipated job loss. This article focuses on features of job insecurity that affect threatened workers, those who remain, and the organizations in which they work. Recommendations are given regarding assisting job-insecure employees using career counselors, consultants, or outplacement specialists.     

Work Place Flexibility: Implications for Developmental Opportunities and Work-Family Conflicts

Contemporary HR practices in the business organizations today have moot concerns towards managing workplace in such a way that it is desirable for both employees and employers. This study proposes to assess the consequences of workplace arrangement promoting the individualization of employment conditions, i.e. flexible working hours- part time work and telecommuting. The implications of flexible working hours on the development opportunities available to employees and on work-family conflict are suggested. It is argued that flexibility at work place in terms of part time work and telecommuting options have the potential to reduce work-family conflict and reduced development opportunities among employees. It is concluded that work life balance depends on the fit between the schedule that employee needs and the actual number of hours worked. To this end effective use of flexible hours at work place needs to be identified and implemented.     

The great escape: World War II, neo-freudianism, and the origins of U.S. psychocultural analysis

Psychocultural analysis stands as a signal accomplishment of the 1930s U.S. assimilation of European refugee-intellectuals. Scholars in the U.S. had been moving toward a kind of psychocultural analysis well in advance of the Great Migration--the U.S. was not an intellectual vacuum or wasteland--nevertheless, it was through their interdisciplinary collaboration, fueled by the specter of war, that these international peers stimulated one of the most wide-ranging, dynamic, and productive exchanges of ideas of the century. Through the lens of Erich Fromm's Escape from Freedom, this article explores psychoculturalism's emergence in the interstices between cultures, nations, ideas, and disciplines--between Europeans and Americans, psychoanalysts and social scientists.     

Contemporary Title VII Enforcement: The Song Remains the Same?

Equal employment opportunity (EEO) law is constantly evolving and many changes can happen in 50 years. Title VII of the Civil Rights Act of 1964 has always been the most comprehensive law related to workplace discrimination. Like all laws, Title VII has matured over time, including amendments by Congress, refinement by the courts, and creation and updates of regulations by enforcement agencies. However, there are several controversies that have endured during this maturation process, and this article focuses on four of them: (1) adverse impact theory, (2) reverse discrimination, (3) sexual harassment, and (4) retaliation. There are common issues across these controversies. However, for purposes of exposition, each one is treated as a separate entity. For each of the four controversies, we review historical context, recommend compliance strategies and share best EEO practice recommendations for practitioners and employers.     

From the lab to the police station. A successful application of eyewitness research

The U.S. Department of Justice released the first national guide for collecting and preserving eyewitness evidence in October 1999. Scientific psychology played a large role in making a case for these procedural guidelines as well as in setting a scientific foundation for the guidelines, and eyewitness researchers directly participated in writing them. The authors describe how eyewitness researchers shaped understanding of eyewitness evidence issues over a long period of time through research and theory on system variables. Additional pressure for guidelines was applied by psychologists through expert testimony that focused on deficiencies in the procedures used to collect the eyewitness evidence. DNA exoneration cases were particularly important in leading U.S. Attorney General Janet Reno to notice the eyewitness literature in psychology and to order the National Institute of Justice to coordinate the development of national guidelines. The authors describe their experience as members of the working group, which included prosecutors, defense lawyers, and law enforcement officers from across the country.     

A Report from the U.S.S.R.: The Problem of Providing Employment to Secondary School Graduates

This article gives an account of the steps taken by the U.S.S.R. to provide employment for its secondary school graduates.     

International Perspectives on the Legal Environment for Selection

Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged," (b) whether research documents mean differences between groups on individual difference measures relevant to job performance, (c) whether there are laws prohibiting discrimination against specific groups, (d) the evidence required to make and refute a claim of discrimination, (e) the consequences of violation of the laws, (f) whether particular selection methods are limited or banned, (g) whether preferential treatment of members of disadvantaged groups is permitted, and (h) whether the practice of industrial and organizational psychology has been affected by the legal environment.     

Professional Issues of International Genetic Counseling Students Educated in the United States

International students have unique personal and academic challenges during their training in genetic counseling programs across the United States (U.S.). Previous research has explored their motivations and experiences; however, there is scant research on how their international status affects the post-graduate experience. The current study used semi-structured phone interviews to explore the professional issues that international students face throughout their educational and professional careers. Twenty-six participants were interviewed including international genetic counseling students in their second years of training and international genetic counselors who graduated from a U.S.-accredited program. Participants included six, second-year students, twelve genetic counselors employed in the U.S., six employed in Canada, and one employed in the United Kingdom (U.K.). Qualitative analysis of interviews captured the common experiences and challenges international students faced during their training and post-graduation. Participants stated that they applied to programs in the U.S. because there is wide transferability of qualifications across the world, and there is limited or no opportunities for masters level genetic counseling training in their home country. Most participants who had applied for jobs in the U.S. experienced difficulties regarding unfamiliarity of human resources (HR) departments and Border Control Officers with international genetic counselors (GCs) and their visa requirements. The results suggest that currently there are insufficient job resources tailored to international genetic counselors, and an inadequate availability of peer support. The results also speak to the need to develop resources for prospective international students and for international GCs seeking jobs, and establishment of a peer support network. These resources may also provide assistance to genetic counseling training programs and employers to address the challenges faced by international genetic counselors.