UNIT IV STUDY GUIDE
Sex and Gender Discrimination
Course Learning Outcomes for Unit IV
Upon completion of this unit, students should be able to:
1. Examine the role of corporate culture as a contributor to gender discrimination.
2. Distinguish between the glass wall, glass escalator, and sticky floor and discuss their impact in the
workplace.
3. Judge the effects of the “Don’t Ask, Don’t Tell” military policy on other industries.
4. Evaluate EEO laws that are relevant to gender considerations in the workplace.
5. Justify why certain groups should be protected under Title VII of the Civil Rights Act.
6. Evaluate company policies on partner benefits.
Reading Assignment
Chapter 9:
Sex and Gender
Chapter 11:
Sexual Orientation
Unit Lesson
Sex, Gender, and Sexual Orientation
What is the first characteristic that you notice about a
person when you walk into a room, a meeting, or any
other type of setting? More than likely, you take
notice of many factors, but one that everyone
unconsciously notices another’s gender. For some of
you, the person’s gender may make you a bit
uncomfortable; for others, it will make no difference.
Actors Gloria Swanson, Thomas Meighan, and Lila Lee in the
1919 silent film, “Male and Female” (CecilF, 2011)
Research suggests that knowing someone’s gender
allows one to make predictions about that person. It
does not matter if those predictions are accurate or
inaccurate—they lead to perceptions, and
perceptions are your reality. They allow you to use
your senses to give meaning to the world around you.
However, perceptions can be inaccurate and lead to
stereotypes.
Before beginning our discussion on sex and gender,
let’s clarify their meanings. Sex and gender are often used interchangeably. Sex often has a biological basis.
Gender describes traits and behaviors that are regarded by the culture as appropriate to women and men.
Gender is a social label and not a description of biology.
Legislation
Sex and gender appear quite frequently in public discourse. There are many pieces of legislation related to
sex and gender in the workplace. This leads us to discuss a major piece of legislation that we learned about
in Unit I—the Lily Ledbetter Fair Pay Act, which was signed into law in 2009.
BSL 4000, Managing Diversity in Organizations
1
UNIT x STUDY GUIDE
Title
Then-Senator Barack Obama
met with Lily Ledbetter in 2008,
when the Supreme Court was
considering legislation
concerning women and pay
discrimination.
(Magnus Manske, 2012)
The website for HR Hero (2012) maintains that the Lilly Ledbetter Fair Pay Act changed the statute of
limitations for when employees could make a claim of discrimination on the basis of pay. Before the passage,
employees had up to 180 days to make a claim of discrimination. However, it can take several years for
people to find out that they have been discriminated against.
Think about it—in the first six months of employment, do you discuss pay-related issues with other
employees? Probably not! In fact, it could often be grounds for termination. So, how do you know if you are
being compensated comparably? Now thanks to this act, each new paycheck represents a new incident, and
it is 180 days from each incident. This gives the employee more protection from discriminatory practices and it
more realistically holds the employer accountable for any discriminatory practices.
Glass Ceiling
Another issue dealing with sex and gender is the glass ceiling. The glass ceiling has its roots in the corporate
sector, but is prevalent in other career fields as well. For example, in the field of education, 80% of teachers in
the United States are women (Smith, 2003). Yet, they make up only 5% of administrative and superintendent
positions.
Since schools are essentially a prototype of American businesses, this is not surprising. In the Fortune 1000,
only 3.6% of CEOs are women (“U.S. Women in Business,” 2012). Women have very limited opportunities for
attaining higher positions, even in fields that have been traditionally dominated by women. Men, however,
often take a ride on a “glass escalator” when employed in woman-dominated fields.
The glass escalator is an invisible force that gives men advantages in female-dominated industries. In order
for organizations to increase performance and maintain a competitive advantage in the global marketplace,
they must take advantage of all unutilized talent that is potentially available. Knowing this, what can
organizations do to eliminate the glass ceiling? Making a cultural shift, such as getting rid of the “good old
boys club” and eliminating the glass ceiling, must start at the top positions.
Sexual Harassment
Anita Hill, Paula Jones, Mitsubishi Motors, Isaiah Thomas, Ford Motor Company, Miller Brewing Company,
Herman Cain, Bill Clinton, Clarence Thomas, Jerold Mackenzie, The Cheesecake Factory Inc., and countless
others are individuals and organizations that have been associated with sexual harassment, whether as
defendant or plaintiff. It is critical that employers and employees be very familiar with how courts define sexual
harassment and what constitutes as an occurrence.
Under Title VII of the Civil Rights Act, sexual harassment is illegal. It constitutes discrimination with respect to
a person’s conditions of employment. The Equal Employment Opportunity Commission (EEOC) describes
sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature (EEOC, 2012).
Sexual harassment can occur in the form of quid pro quo (“this for that”) or the creation of a hostile
environment. According to the Supreme Court, an employer has absolute liability when a supervisor creates a
hostile environment that results in a tangible employment action (termination, demotion, reassignment, failing
to promote, and so on). The EEOC’s guidelines are also very clear on this issue. It does not matter if the
BSL 4000, Managing Diversity in Organizations
2
employer knew about the behavior or not or if it was authorized or prohibited. Employers
are also
responsible
UNIT x STUDY
GUIDE
for the conduct of co-workers, customers, suppliers, and other stakeholders. Title
On the other hand, employers may have an affirmative defense if they can show that
they had a clear policy on sexual harassment and that it was communicated to all
employees. In fact, some courts have concluded that if organizations do not have a
clear policy on sexual harassment, they are condoning or sanctioning the behavior.
Sexual
Harassment
Jossifresco,
2007
In 2011, there were more than 11,000 sexual harassment charges filed with the EEOC
(EEOC, 2012). According to the EEOC (2012), approximately 16% of those charges
were from men. However, harassment of an employee because of sexual orientation
does not constitute illegal sexual harassment under Title VII, which brings us to the
topic of sexual orientation.
Sexual Orientation
Sexual orientation typically refers to homosexuals, heterosexuals, and bisexuals. However, most research
focus on homosexuals and bisexuals. A couple of very controversial topics that have garnered much attention
are same-sex marriages and workplace benefits. Same-sex marriages are not recognized under federal law.
However, some states such as Massachusetts, Iowa, New York, and Connecticut permit same-sex marriage.
Problems occur because same-sex marriage is only legal in these states. For example, a same-sex couple
was married in Boston, but they were residents of South Carolina; they had only traveled to Boston to get
married. Six months after the marriage, they decided to get a divorce. However, since South Carolina did not
recognize the same-sex union, they could not be granted a divorce, so the marriage was deemed null and
void.
A lot of legal maneuvering takes place when same-sex marriages are recognized by some states and not
others. The perplexing legal considerations that require attention include such issues as partner benefits,
rights to medical, and Social Security benefits.
As stated by Bell (2012), sexual minorities represent a large percentage of the population and cannot be
ignored. They are educated, and their earning potential as well as their purchasing power is increasing. Many
employers recognize their value in the workplace and offer partner benefits. In fact, nearly half of Fortune 500
companies provide coverage to same-sex partners.
Although there are no federal laws protecting sexual orientation, many states have adopted local ordinances
prohibiting discrimination. Federal civilian employees are protected under the Employment Non-Discrimination
Act, and military personnel are protected under the repeal of the “Don’t Ask, Don’t Tell” policy.
Given the controversial nature surrounding the issue, many might argue that legislation is forthcoming. It
should be unacceptable and unethical to discriminate on the basis of irrelevant criteria. Organizations should
realize the full potential of all employees and move from a culture characterized by exclusionary practices to
one characterized by inclusionary practices.
References
Bell, M. (2012). Diversity in organizations (2nd ed.). Mason, OH: South-Western
CecilF. (2011). Male and female (1919) [Photograph]. Retrieved from
http://commons.wikimedia.org/wiki/File:Male_and_Female_%281919%29_3.jpg
Equal Employment Opportunity Commission. (2012). Sexual harassment. Retrieved from
http://www.eeoc.gov/laws/types/sexual_harassment.cfm
BSL 4000, Managing Diversity in Organizations
3
HR Hero. (2012). Lilly Ledbetter Fair Pay Act. Retrieved from http://topics.hrhero.com/lilly-ledbetter-fair-payUNIT x STUDY GUIDE
act/
Title
Jossifresco. (2007). Gold seal policy [Graphic]. Retrieved from
http://commons.wikimedia.org/w/index.php?title=File:Gold_seal_ policy.svg&page=1
Manske, M. (2012). ABarackandledbetter [Photograph]. Retrieved from
http://commons.wikimedia.org/wiki/File:ABarackandledbetter.jpg
Smith, F. (2003). Perceptions of the internal and external barriers to promotion to administrative positions for
women in the New Hanover County School District in North Carolina (Unpublished doctoral
dissertation). Walden University, Minneapolis, MN.
U.S. Women in Business. (2012). Retrieved from
http://www.catalyst.org/publication/271/women-ceos-and-heads-of-the-financial post-500
Learning Activities (Non-Graded)
Interview
If you are heterosexual, interview a close friend or relative who is openly gay about his or her experiences at
work. If you are gay, how do your experiences compare with those reported in the chapter?
Write a one- to two-page paper discussing the information obtained from the interview. You may use your
textbook and other resources to provide support for your information. All sources, both references and in-text
citations, should be cited using APA format.
Apply What You Have Learned
Create an informal organization chart for the organization in which you work, or any organization for which
you can gather information. Study hiring practices, promotions, and other areas that impact pay and
advancement. Can you find any evidence of glass ceilings, walls, or escalators in the organization? If you do,
try to identify the type of discrimination, such as sexual orientation, gender, race, etc.
You can use your textbook or any other reliable source for your information gathering. Using APA formatting,
write a minimum 2-page report on your findings. Correctly cite all sources, including in-text citations and
references.
Scenes of Discrimination
Select a movie from the list below, or find another movie of your choice that relates to gender discrimination.
Although you may have watched the movie in the past, please watch with a different set of lenses this time
around that are focused on analyzing the discrimination:
G.I. Jane
Philadelphia
North Country
A League of Their Own
Million Dollar Baby
Woman of the Year
Mary Poppins
Nine to Five
Erin Brockovich
The Hours
Disclosure
Obsessed
Horrible Bosses
BSL 4000, Managing Diversity in Organizations
4
Identify the main characters in the movie. Use examples from the movie to discuss
role each
character
UNIT the
x STUDY
GUIDE
played in perpetuating or eliminating discrimination. Describe any defining moments
Title that led to a change in
attitude for characters in the movie. Use your text and other resources to support your responses. Use APA
format when writing your paper and referencing sources.
Notice: These are non-graded Learning Activities, so you do not have to submit them. If you experience
difficulty in mastering any of the concepts, contact your instructor for additional information and guidance.
Key Terms
1.
2.
3.
4.
5.
6.
7.
8.
Employment Nondiscrimination Act (ENDA)
Equal Pay Act of 1963
Gender role socialization
Hostile environment
Sex discrimination
Sex segregation
Sexual orientation
Tangible employment action
BSL 4000, Managing Diversity in Organizations
5
Purchase answer to see full
attachment