MGTO 231 Human Resources Management. Equal Opportunity and the Law Dr. Kin Fai Ellick WONG. Basic concepts. What is equal opportunity?.
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MGTO 231Human Resources Management Equal Opportunity and the Law Dr. Kin Fai Ellick WONG
What is equal opportunity? • The effective use of human resources is one of the key elements of every business's success. And equal opportunities is about using human resources effectively. Its basic philosophy is to create a level-playing field for the individual. In the employment world, it means matching the right person with the right job. We focus on people's abilities, not on their gender, marital status, or what they cannot do. Companies will reach their competitive potential when every employee feels fully valued and fully utilized. • Equal Opportunities also means building a society based on meritocracy. What we are saying is: ignore irrelevant factorsand give individuals a fair chance to go as far as their talents and abilities can take them. Ensuring equal participation for every individual in all aspects of public life - that's what we are advocating for. • Anna Wu (from EOC homepage)
What is discrimination? • Stereotype (定型), prejudice (偏見), and discrimination (歧視), are they the same? • Which is the target of the law?
Equal Opportunities Commission (EOC) • It was established in 1996 • Goals • To work towards the elimination of discrimination on the grounds of sex, marital status, pregnancy, disability and family status. • To eliminate sexual harassment, and harassment and vilification on the ground of disability. • To promote equality of opportunities between men and women, between persons with and without a disability and irrespective of family status.
EOC implements three Ordinances to achieve these goals • Sex Discrimination Ordinance • Disability Discrimination Ordinance • Family Status Discrimination Ordinance • Some of the laws are highly relevant to the HR context
Chapter 480 Sex Discrimination Ordinance • Some sections highly relevant to the HR context • Cap 480 s 7 Discrimination against married, etc. persons in employment field • Cap 480 s 8 Discrimination against pregnant women in employment field • Cap 480 s 11 Discrimination against applicants and employees • Cap 480 s 12 Exception where sex is genuine occupational qualification • Cap 480 s 13 Discrimination against contract workers • Cap 480 s 18 Persons concerned with provision of vocational training • Cap 480 s 19 Employment agencies • Cap 480 s 20 Discrimination against commission agents • Cap 480 s 23 Employees, etc. • Cap 480 s 24 Other sexual harassment
Chapter 487 Disability Discrimination Ordinance • Some sections highly relevant to the HR context • Cap 487 s 11 Discrimination against applicants and employees • Cap 487 s 12 Exception where absence of disability is genuine occupational qualification • Cap 487 s 13 Discrimination against contract workers • Cap 487 s 18 Persons concerned with provision of vocational training • Cap 487 s 19 Employment agencies • Cap 487 s 20 Discrimination against commission agents • Cap 487 s 22 Employees, etc. • Cap 487 s 23 Other harassment • Cap 487 s 83 Validity and revision of contracts
Chapter 527 Family Status Discrimination Ordinance • Some sections highly relevant to the HR context • Cap 527 s 8 Discrimination against applicants and employees • Cap 527 s 9 Discrimination against contract workers • Cap 527 s 14 Persons concerned with provision of vocational training • Cap 527 s 15 Employment agencies • Cap 527 s 16 Discrimination against commission agents • Cap 527 s 20 Discrimination in disposal or management of premises
What is a biased assessment? • People with equal abilityhave different levels of performance as measured by the test • Bias usually occurs when assessing people from groups with different characteristics • Gender • Race • Language proficiency
Example 1 • Suppose there is no difference in intelligence between Blacks and Whites • An IQ test could have been biased if Whites in general have scores higher than Blacks • The IQ test may overestimate the intelligence of Whites and/or may underestimate that of Blacks
Example 2 • Suppose there is no ability difference between boys and girls on academic achievement • An achievement test could have been biased if girls in general get higher scores than boys from the test • This test may overestimate girls’ performance and/or may underestimate boys’ performance
Which of the following animals have higher intelligence? • Rat, Monkey, Human, Ant, Pigeon • According to the scale of human, the possible order could be • Human, Monkey, Rat, Pigeon, Ant • According to the scale of pigeon, the possible order could be • Pigeon, Ant, Rat, Monkey, Human
A possible IQ test developed by Blacks • The Chitling Test • A “handkerchief head” is • a) a cool cat; b) a porter; c) an Uncle Tom; d) a hoddi; e) a preacher • Which word is most out of place here? • a) splib; b) blood; c) gray; d) spook; e) African-American
Assessment bias and test validity • A test is believed to be less bias if it has high validity • Thus, bias can be assessed through the different types of validity we have learnt • In the HR context, criterion-related validity is often used • A test may have been biased if its predictions are differentially accurate for different groups of people • Complete the in-class exercise for details
Some solutions to assessment bias • Three different approaches of solution based on different definitions of bias have been proposed • Unqualified individualism • Quota • Qualified individualism
Unqualified individualism • Use test to select the most qualified individuals they could find • The goal is to predict those who would perform best on the job or in school • If race or gender was a valid predictor of performance, the unqualified individualist would see nothing wrong with using these variables for assessment and selection
Quota • Explicitly equalizing race and gender differences • Population has 20% minority groups, then 20% of the employees or students must be from the minority groups
Qualified individualism • Compromise between unqualified individualism and quota • It selects the best qualified people • But it does not take information about race, gender, and religion into consideration for assessment and selection