Managing in a Nuevo Mundo: Accommodating Linguistic and Cultural Diversity Under Title VIIWyld, David
doi: 10.1023/A:1025678318701pmid: N/A
This article examines a legal issue that is derivative of the increasingly multicultural character of the American work force. The recent case of Garcia v. Spun Steak (1993, 1994) is illustrative of the challenge managers can face in dealing with cultural and linguistic diversity in the workplace. Over time, there have been conflicting messages in employment discrimination law as to the propriety of employer-imposed restrictions on the use of languages other than English in the workplace. However, the basic question involves the balancing of both the employer's right to manage the business and the right to self-expression in the language of one's choice in the workplace. Recommendations are made as to how each party's rights can be balanced under the law. What will be seen is that in the nuevo mundo of work found at the edge of the twenty-first century, the interests of both employers and employees may be best served by policies favoring language promotion over language restrictions.
Overestimating Oneself and Overlooking the Law: Psychological Supports for Employment at WillEastman, Wayne
doi: 10.1023/A:1025615702772pmid: N/A
This article studies the hypotheses that people tend to underrate other people's work motivation and skills relative to their own, and further tend to be unaware of the legal status of employment at will in contemporary U.S. law. The theoretical part of the article describes psychological bases for the hypothesized tendencies and explains how they can be expected to foster acquiescence to employment at will and high employment insecurity. The empirical portion of the article describes and discusses a survey of M.B.A. students that probed their knowledge of and attitudes toward U.S. employment law, along with their attitudes toward employment insecurity and work motivation. Consistent with the hypotheses, the study found widespread lack of knowledge about the legal status of employment at will, as well as a tendency toward overrating one's own work motivation relative to others and a tendency toward taking higher risks of termination when they were presented as controllable on an individual, though not a group, basis.
New Technology in Unionized Firms: Advantages of Mandatory BargainingAbraham, Steven; Finzel, Bart
doi: 10.1023/A:1025667719610pmid: N/A
U.S. Labor Law currently allows employers whose work forces are unionized to introduce new technologies without bargaining over the decision to do so. This forces unions to adopt inefficient strategies when negotiating collective bargaining agreements in an effort to minimize the impact of technological change on their members. Allowing unions to bargain over the decision to introduce new technologies would obviate their having to resort to these inefficient strategies. In addition, it might increase the likelihood of employees suggesting alterations in production processes that would increase the rate of technological change. For these reasons, this article advocates amending U.S. labor law to require employers to bargain over the introduction of new technologies.
Clarifying the Boundaries of Sexual Harassment and Employer Liability: Judicial Application of Harris v. Forklift Systems, Inc.Zigarelli, Michael
doi: 10.1023/A:1025619803680pmid: N/A
Many had anticipated that Harris v. Forklift Systems, Inc., the first significant Supreme Court ruling on sexual harassment since 1986, would clarify the boundary between “merely offensive” conduct and unlawful conduct, and would offer greater guidance on when an employer is liable for the creation of an abusive (or hostile) work environment. However, the Harris court handed down only a short, narrow decision that left these areas largely unresolved, and, accordingly, it was widely criticized for circumventing contentious issues and for perpetuating the vague framework under which abusive work environment claims are now analyzed. This article examines a representative cross-section of federal and state decisions that have interpreted and applied Harris to evaluate whether courts have achieved any consensus on what constitutes an “abusive” work environment and on when an employer is liable for this type of sexual harassment.
Evaluations of Drug-Testing ProgramsKravitz, David; Brock, Petra
doi: 10.1023/A:1025671820519pmid: N/A
In three experiments undergraduate students at an urban university evaluated drug-testing programs described in scenarios. Evaluations were inversely related to the false positive rate and were more favorable when a positive test result led to rehabilitation than when it led to termination of employment. Inconsistent effects on evaluations were observed for ability of the test to distinguish between previous drug use and current drug-based impairment, false negative rate, and implications of drug-impaired performance for public safety. There was also mixed evidence concerning the relation between evaluations and respondent belief in a just world. These results provide some support for Crant and Bateman's (1989) justice-based model of reactions to drug-testing and have implications for organizational drug-testing policies.