Editorial: Three Perspectives of Employment Discrimination 50 Years After the Civil Rights Act—A Promise Fulfilled?

Purpose

In recognition of the 50th anniversary of the Civil Rights Act of 1964, this paper reviews contradictory perspectives of the status of employment discrimination.

Design/Methodology/Approach

Arguments are derived from psychology, management, law, and political science to contrast perspectives that civil rights legislation has (a) done its job, (b) gone too far, and (c) not gone far enough.

Findings

We determine that disagreement is inevitable and that no unified conclusion can be drawn. Recognition of the viewpoints embedded in opposing perspectives, however, offers direction for the future of organizational science and practice.

Implications

Consideration of these disparate views of civil rights legislation enables thoughtful reflection on the past, present, and future of civil rights legislation.

Originality/Value

This paper offers a variety of lenses through which to consider employment discrimination in the organizational sciences and underscores the value of the papers collected in the special issue.     

Religious Discrimination in the Workplace: A Review and Examination of Current and Future Trends

Purpose

Over the last decade, religious discrimination claims have risen more rapidly compared to most other protected categories under the Civil Rights Act (CRA). The goal of this review paper is to summarize the psychological and HR practitioner-focused research on religious discrimination as it relates to the CRA to understand these religious discrimination claims. In doing so, this review also highlights what future research is needed, and what the challenges and practical implications of religious discrimination are for managers.

Design/methodology/approach

We conduct a systematic literature review of the psychology and business research on religious discrimination.

Findings

Building from the literature review and case law, we highlight four trends that contribute to religious discrimination in the workplace: (1) legal ambiguities, (2) increased religious diversity in the American workforce, (3) increasing expression of religious beliefs, and (4) the unique nature of religion.

Implications

The trends identified in our review paper highlight the need for employers to understand and address religious discrimination issues in the workplace and the lack of empirical research in this area points to a critical gap in our understanding of workplace religious discrimination that warrants future research.

Originality/value

In addition to highlighting trends that contribute to religious discrimination in the workplace, this literature review addresses where there are gaps in the existing research that call for further research and offers practical implications for employers and organizations.     

The Role of Organizational Leaders in Sexual Orientation Equality at Organizational and Federal Levels

Purpose

This article expands the discourse of the impact of the passage of the Civil Rights Act (CRA) of 1964 to sexual orientation minorities (SOM).

Design/Methodology/Approach

We first discuss the challenges faced by SOM in the workplace. We then present a model adapted from Edelman’s “Handbook of employment discrimination research (pp. 337–352). Dordrecht, The Netherlands: Springer (2005)” theory of endogeneity of law to discuss the impact that such leaders and their supportive organizational SOM policies can have on the passage of nationwide SOM legislation. Finally, we discuss how organizational leaders’ beliefs and actions can play a major role in affecting organizational SOM policies.

Findings

We argue that the presence of organizational protective policies can facilitate the passage of federal SOM legislation by establishing and legitimizing social norms. We also highlight how beliefs about religion, morality, controllability, and occupational stereotypes contribute to prejudice and lack of support for SOM-protective organizational policies.

Implications

We discuss the importance that organizational SOM policies have on larger societal legislative issues, and outline how specific individual-level beliefs can impact organizational-level support for SOM.

Originality/Value

We take a novel approach by focusing on what organizational leaders can do to enact SOM policies that may further influence protective laws. We also draw upon neo-institutional theory to show specifically how organizations can affect legislation; a topic often ignored in organizational psychology.     

Chasing the Title VII Holy Grail: The Pitfalls of Guaranteeing Adverse Impact Elimination

Purpose

Title VII of the Civil Rights Act of 1964 provided industrial/organizational (I/O) psychologists with a unique role as professional test developers and consultants involved in assisting organizations in establishing the job-relatedness/validity defense to charges of discrimination, specifically charges based on an adverse or disparate impact theory. However, these activities have transmogrified into the fairly common occurrence of public municipalities and organizations demanding the reduction or absence of adverse impact as part of the scope of work or contracts and for practitioners and consultants to guarantee adverse impact reduction or elimination a priori. Plaintiffs and their experts also routinely argue that the observed adverse impact could have been allayed or eliminated if the defendant had only just used alternative testing methods. This then begs the following question: “Are there well established techniques and procedures that can reduce, minimize, or eliminate adverse impact in a predictable, generalizable, and replicable fashion in the same manner that we might guarantee validity?” The present paper seeks to answer this question.

Approach and Findings

With the preceding as a backdrop, the present paper identifies and discusses four overlooked critical attributes of adverse impact that collectively and in conjunction work against and obviate adverse impact reduction and elimination guarantees.

Conclusions and Implications

We conclude that the search for guaranteed adverse impact reduction or elimination is a “Holy Grail” and that we should avoid predictions and guarantees regarding adverse impact elimination in specific situations, including those based on the inclusion of “alternative” selection devices. However, in the context of civil rights legislation, and the intersection of I/O psychologists with said legislation, what we can guarantee as a science and profession are sound and valid tests and assessment devices that can be defended accordingly should the use of said tests and devices be challenged.     

Title VII Sex and Race Discrimination Litigation Settlements as Opportunities for Organizational Change

Purpose

This study investigated how frequently and under what circumstances Title VII lawsuit settlements resulted in mandates for substantive organizational change in HR policies and practices that, according to social science research, are likely to move beyond mere pro forma compliance to foster greater inclusion and equality.

Design/Methodology/Approach

502 consent decrees settling Title VII sex and race discrimination lawsuits in 200–2008 were collected, coded, and analyzed. Multinomial logistic regression was used. Sociological theories of organizational change and of the relationship between law and organizations informed the study.

Findings

48 % of the consent decrees examined specified no meaningful substantive changes; 31 % required formalization of personnel decision-making remedies; 21 % required more innovative measures. Certified class actions, other non-individual lawsuits, lawsuits filed in more liberal Federal District Courts, and public sector employer predicted more substantive remedies for organizational change in organizations’ EEO policies and practices, all else being equal. Single plaintiffs and a conservative District Court legal environment predicted a greater likelihood of pro forma only remedies.

Implications

Discrimination lawsuit settlements are a potential impetus for improved diversity management policies.

Originality/Value

Consent decrees are an unusually direct and potentially powerful mechanism under Title VII for employment discrimination lawsuits to mandate substantive organizational change. Whereas a few studies have discussed a very small number of high-profile settlements, this is the first systematic examination of the programmatic mandates in consent decrees and how they vary.     

Legal Risk in Selection: An Analysis of Processes and Tools

Purpose

This paper reviews a decade of employment litigation to illuminate the most legally dangerous selection devices and employment practices.

Design/Methodology/Approach

A sample (n = 312) of court cases drawn from 10 years of Bloomberg BNA case briefs was analyzed to determine which selection tools (e.g., biographical information blank, interview, cognitive ability test, and psychomotor test) and which selection processes (e.g., violations of the four-fifths rule, administrative inconsistencies, lack of documentation, failure to provide accommodations) are most at risk for litigation for unfair employment practices.

Findings

Results demonstrate that while some selection tools do attract legal scrutiny, dangerous hiring practices such as favoritism against protected classes and improper human resource documentation put employers at far greater risk of suit. When considering cases settled outside of court and those that continued to trial, the data reveal that employers lose employment discrimination cases at a rate nearing 90 % and suffer an average payout of over $1.5 million per case.

Implications

Just as legal challenges once drove the search for selection tools free of adverse impact, the current legal landscape demonstrates the necessity of fair and consistent selection processes. This paper provides evidence of common mistakes in implementing selection systems—mistakes that lead to costly legal battles.

Originality/Value

This paper reduces cumbersome legal records into useful evidence of trends in recent employment law cases. Selection system designers and organizations who implement them will benefit from avoiding the risky hiring practices presented in this paper.     

Scientific Research and Human Rights: A Response to Kitcher on the Limitations of Inquiry

In his recent work exploring the role of science in democratic societies Kitcher (Science in a democratic society. Prometheus Books, New York, 2011) claims that scientists ought to have a prominent role in setting the agenda for and limits to research. Against the backdrop of the claim that the proper limits of scientific inquiry is John Stuart Mill’s Harm Principle (Kitcher in Science, truth, and democracy. Oxford University Press, New York, 2001), he identifies the limits of inquiry as the point where the outcomes of research could cause harm to already vulnerable populations. Nonetheless, Kitcher argues against explicit limitations on unscrupulous research on the grounds that restrictions would exacerbate underlying social problems. I show that Kitcher’s argument in favor of dissuading inquiry through conventional standards is problematic and falls prey to the same critique he offers in opposition to official bans. I expand the conversation of limiting scientific research by recognizing that the actions that count as ‘science’ are located in the space between ‘thinking’ and ‘doing’. In this space, we often attempt to balance freedom of research, as scientific speech, against the disparate impact citizens might experience in light of such research. I end by exploring if such disparate impact justifies limiting research, within the context of the United States, under Title VII of the Civil Rights Act of 1964 or under international human rights standards more generally.     

Relation Formulas for Protoalgebraic Equality Free Quasivarieties; Pałasińska’s Theorem Revisited

We provide a new proof of the following Pa?asińska's theorem: Every finitely generated protoalgebraic relation distributive equality free quasivariety is finitely axiomatizable. The main tool we use are ${\mathcal{Q}}$ Q -relation formulas for a protoalgebraic equality free quasivariety ${\mathcal{Q}}$ Q . They are the counterparts of the congruence formulas used for describing the generation of congruences in algebras. Having this tool in hand, we prove a finite axiomatization theorem for ${\mathcal{Q}}$ Q when it has definable principal ${\mathcal{Q}}$ Q -subrelations. This is a property obtained by carrying over the definability of principal subcongruences, invented by Baker and Wang for varieties, and which holds for finitely generated protoalgebraic relation distributive equality free quasivarieties.     

How to keep on keeping on: Framing civil rights accomplishments to bolster support for egalitarian policies

Drawing attention to historic increases in equality carries the risk of encouraging complacency about the need to further advance equality. This risk may be reduced by carefully framing the interpretation of increased equality. We apply an influential goal-framing model (Fishbach and Zhang, 2008) to test whether framing the accomplishments of the American Civil Rights Movement in terms of progress toward equality vs. commitment to equality influences white Americans' support for further egalitarian policies. In two experiments, we manipulated whether progress or commitment was in mind when participants considered civil rights accomplishments. As hypothesized, participants more strongly supported egalitarian policies when civil rights accomplishments were framed as evidence of commitment to equality than when these same accomplishments were framed as evidence of progress toward equality. We discuss implications for applying the goal-framing model to political goals and the advantages of using experimental methods to study framing processes in social movements.     

The Moderating Role of Intergroup Contact in Race Composition,Perceived Similarity,and Applicant Attraction Relationships

Purpose

This study investigated the moderating effect of intergroup contact on the relationship between the race composition of organizational representatives, perceived similarity, and minority applicant attraction.

Design/Methodology/Approach

344 minority Malaysian-Chinese university students read a job advertisement that varied the racial composition of organizational representatives (100 % Malay or 50 % Malay–50 % Chinese or 100 % Chinese). Of these participants, 161 were Malaysian-Chinese in Malaysia (high intergroup contact location) and 183 were Malaysian-Chinese in Australia (low intergroup contact location). After reading the advertisement, participants responded to a series of scale items (e.g., perceived surface-level similarity, perceived deep-level similarity, and applicant attraction).

Findings

Results showed that the effect of race composition on attraction was stronger for minority participants in Australia than for minority participants in Malaysia. Perceived deep-level similarity mediated this moderated relationship.

Implications

The study findings suggest that organizations should include minority representatives in their recruitment advertising to attract minority applicants, particularly to attract minorities in locations with few opportunities for intergroup contact.

Originality/Value

By testing the mediating effects of perceived surface-level and deep-level similarity, this study contributes to our understanding of the mechanism linking the interaction between race composition and location with applicant attraction.

     

Promoting Healthy Behavior from the Pulpit: Clergy Share Their Perspectives on Effective Health Communication in the African American Church

African Americans continue to suffer disproportionately from health disparities when compared to other ethnicities (ACS 2010; CDC 2007). Research indicates that the church and the pastor in the African American community could be enlisted to increase effectiveness of health programs (Campbell et al. in Health Edu Behav 34(6):864–880, 2007; DeHaven et al. in Am J Public Health 94(6):1030–1036, 2004). The objective of this study was to investigate African American pastors’ perceptions about health promotion in the church and how these perceptions could serve as a guide for improving health communication targeting African Americans. Semi-structured interviews with African American clergy revealed that pastors feel strongly about the intersection of health, religion and spirituality; they also believe that discussing health screening and other health issues more frequently from the pulpit and their own personal experiences will ultimately impact health behavior among congregants. This study suggests that African American clergy see themselves as health promoters in the church and believe this communication (i.e., pastor-endorsed health information materials) will impact health behavior among underserved and minority populations.     

What Factors Influence Judges’ Rulings About the Legality of Affirmative Action Plans?

Purpose

When implementing affirmative action programs involving race and gender, human resource practitioners must balance efforts to increase workforce diversity against the need to avoid illegal reverse discrimination. The tension between non-discrimination law and preferential treatment is explored. In reverse discrimination case law, affirmative action plans are evaluated by judges along two dimensions: remedial need and limiting harm. The legal literature specifies certain factors such as statistical imbalance, employee qualification, and duration of plan that are usually examined within these two dimensions.

Methodology

A content analysis of 80 federal court cases was conducted to quantitatively analyze the weight and importance of these factors within judicial rulings as well as contextual factors (e.g., judge’s political affiliation, beneficiary of program) that may influence the outcome of affirmative action lawsuits.

Results

It was found that remedial need can be demonstrated by large statistical disparities in the workforce, and was also more likely to be found by Democratic than Republican judges. Limiting harm is more likely to be supported by plans that are of limited duration and do not use reserved slots, or quotas.

Implications

The study provides empirically based recommendations for the design of legally defensible affirmative action plans that involve preferential treatment.     

The Historical and Political Context of the Civil Rights of Persons With Disabilities: A Multicultural Perspective for Counselors

The authors provide a useful historical link between the civil rights movement in the 1960s and the disability rights movement. The origins of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Rehabilitation Act of 1973 are discussed from the sociopolitical context at the time of their passage. Important links are drawn between these laws, affirmative action, cultural diversity, and multiculturalism. The authors address the role of the counselor with respect to becoming advocates for persons with disabilities in the face of injustice.     

Phenomenology of the trickster archetype,U.S. electoral politics and the Black Lives Matter movement

This paper examines the Black Lives Matter (BLM) movement in cultural, historical and relational contexts at the intersection of the U.S. Civil Rights movement, U.S. Civil Rights legislation, the Voting Rights Act of 1965 and reforms thereto in the recent U.S. Supreme Court decision of Shelby County v Holder, 570 U.S.529 (2013). The intergenerational relations between the BLM movement and these ongoing movements for civil and human rights is underscored. In the wake of protests about the sadistic murder of George Floyd, an unarmed African American man, by a Caucasian police officer, the BLM movement has been mischaracterized as an affront to law and order by the Trump-led U.S. administration. The mischaracterization was a re-election campaign effort designed to ignite ‘white fear’, ‘white rage’ and to defend police brutality and systemic racism. Analytical psychology and the phenomenology of the trickster archetype, as amplified from the African-centric perspective in the Yoruba deity Esu-Elegba, are employed to interrogate partisan obstructionist behaviours that assault multicultural democracy in both contemporary U.S. electoral politics and the political economy. The paper concludes with a brief note on the social activism of Fair Fight Georgia and the integration of its agenda into the BLM movement.     

Enhancing the Effects of Sexual Orientation Diversity Training: The Effects of Setting Goals and Training Mentors on Attitudes and Behaviors

Purpose

The purpose of this study was to examine the effectiveness of goal-setting theory (Locke, Organizational Behavior and Human Performance, 3, 157–189, 1968; Locke and Latham, 1990, A theory of goal setting and task performance. Englewood Cliffs, NJ: Prentice Hall; Locke and Latham, American Psychologist, 57, 705–717, 2002) within a diversity training context to enhance training outcomes. In particular, the training focused on an understudied group—gay men and lesbians—and examined both the short- and long-term outcomes associated with diversity training.

Design/Methodology/Approach

Using experimental methods in a field setting, participants (college students) were randomly assigned to a 2(goal-setting condition: self-set goals and no goals) × 2(mentor goal condition: mentor goals and no mentor goals) factorial design, where behavioral and attitudinal data were collected at two points in time: 3 months and 8 months subsequent to training.

Findings

Participants who developed sexual orientation supportive goals reported more supportive behaviors and attitudes toward gay and lesbian individuals than those who did not. Sexual orientation supportive behaviors mediated the relationship between goal-setting and sexual orientation attitudes.

Implications

The pattern of results suggests that time was the key for participants to meet the goals that were set during the diversity training. Both behaviors and attitudes were influenced by the goal setting at 8 months, but not after 3 months. This study demonstrates the importance of measuring both behaviors and attitudes in assessing diversity training.

Originality/Value

This is one of the first studies to integrate goal-setting theory (Locke and Latham, 1990, A theory of goal setting and task performance. Englewood Cliffs, NJ: Prentice Hall; Locke and Latham, American Psychologist, 57, 705–717, 2002) into the area of diversity training in an experimental field setting. We used a longitudinal design, addressing limitations of past research that usually examine short-term reactions to diversity training.     

When Traits Are Behaviors: The Relationship Between Behavioral Responses and Trait-Based Overall Assessment Center Ratings

Federal and state court cases were reviewed to determine the legality of banding. Banding specifies a range of test scores that are considered equivalent for selection purposes, which allows the use of other job-related or diversity factors to select among candidates within a particular band. Although the Supreme Court has not ruled on the legality of banding, state, district, and appellate courts have upheld different types of banding (e.g., fixed, sliding, random) under the 14th Amendment, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991. However, the case review indicated that banding is less likely to survive legal scrutiny when minority preference is the only factor used to choose among candidates within a band. Implications for organizations using or considering banding are discussed.     

How Participative Safety Matters More in Team Innovation as Team Size Increases

Purpose

The purpose of this study was to investigate if there is a moderating relation between team size and team innovation.

Design/Methodology/Approach

Data used in statistical analyses were obtained from 531 employees in 124 technology research teams.

Findings

The findings support the hypothesis, showing that not only team size, but also team size together with participative safety facilitates team innovation.

Implications

The findings show that not only large teams, but also large teams with participative safety are innovative. Team leaders thus need to ensure that collaborative rather than competitive environment prevails in their teams.

Originality/Value

This is one of the first studies to assess team innovation by patents received and to provide evidence of the moderating relation of participative safety between team size and team innovation.     

Role Definition as a Moderator of the Relationship Between Safety Climate and Organizational Citizenship Behavior Among Hospital Nurses

Purpose

This field study investigated the moderating influence of role definitions on the association between safety climate and employees’ organizational citizenship behavior (OCB).

Design/Methodology

Data were obtained from 94 hospital nurse dyads. Focal nurses and their peers completed paper surveys. All predictor measures were self-reported; whereas the OCB ratings were provided by nurses’ peers.

Findings

Nurses’ perceptions of job requirements regarding OCB (i.e., OCB-specific role definitions) moderated the relationship between psychological safety climate and peer-rated OCB. The correlation between psychological safety climate and OCB was significant when nurses’ role definitions were narrow but non-existent when role definitions were broad.

Implications

This study links managerial commitment to safety to nurses’ pro-social behavior and identifies an important boundary condition.

Originality-Value

The link between safety climate and safety compliance has been firmly established. We investigated a less well-researched association between safety and OCB and proposed a theoretical foundation for this positive association.     

What Employment Counselors Need to Know About Employment Discrimination and the Civil Rights Act of 1991

Under Title VII of the Civil Rights Act of 1964 there are two theories of liability for employment discrimination: disparate treatment and disparate impact. While disparate treatment deals with the adverse treatment of a specified employee, disparate impact deals with discrimination against a class of individuals. The Civil Rights Act of 1991 modified the law to allow plaintiffs to more readily bring a discrimination case. This article reviews the major components of the Civil Rights Act of 1964, the Civil Rights Act of 1991, and a proactive approach to using equal opportunity law in employment counseling.     

Women’s Right to Autonomy and Identity in European Human Rights Law: Manifesting One’s Religion

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life.