In Sickness and in Health: Implications for Employers when Bipolar Disorders are Protected Disabilities

This paper explores the potential conflict between employment protections afforded to individuals with bipolar disorder, and employers’ obligations to maintain a safe working environment for others in the workplace. Both the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAA) provide workplace protections to those employees or applicants who are classified as qualified individuals with a disability. A disability is “a substantial impairment—a physical or mental impairment—in a major life activity that would substantially limit that major life activity.” ( 42 U.S.C. §§ 12102(1)(A)-(C)), and “mental impairment” is defined to include individuals with bipolar disorder (42 U.S.C. § 1630.2(h)(2)). These statutes further impose a requirement on employers to make reasonable accommodations for such individuals. In essence, they protect the bipolar employee from any discrimination in the workplace based on their disability, to include harassment by coworkers. However, employers may find themselves caught on the horns of a dilemma. Depending on the nature and severity of the bipolar employee’s conduct toward coworkers, they may also be exposed to liability for harm done to coworkers under negligent retention laws, or even the anti-harassment provisions of other equal employment statutes. If a bipolar employee’s negative behaviors toward coworkers are sufficiently severe or pervasive, they can result in coworkers suffering harassment sufficient to constitute actionable conduct under the ADA. To reduce exposure to litigation, employers must understand both their obligations under the ADA, and the nature of bipolar disorder.     

The Power of Group Stigmatization: Wealthy Roma,Urban Space and Strategies of Defence in Post‐socialist Romania

Recent research on Roma stigmatization has tended to focus on the marginal socio‐economic and spatial position of Roma people within European societies, with poverty, persistent inequalities and substandard housing conditions (for example, ghettoization) highlighting their differential treatment. Central to such accounts are group images and stereotypes of Roma as ‘benefit scroungers’ and/or ‘beggars’ lacking notions of self‐restraint and social responsibility. This body of research is hugely important in terms of its contribution to an understanding of the complex dynamics of marginalization and stigmatization of poor Roma households. Yet not all Roma are characterized by poverty and economic hardship. This article explores the neglected experiences of wealthy Roma within urban spaces in Romania. It draws on empirical evidence from interviews with Roma families, leaders and local authorities. Our analysis exposes the way in which Roma are vehemently stigmatized regardless of their economic position or housing circumstances and highlights deep underlying sentiments towards them within Romanian society. We critique Wacquant's concept of territorial stigmatization by applying it to wealthy groups outwith typical areas of relegation (for example, Roma ghettos) within the specific urban context of post‐socialist Romania. While our analysis points to the internalization of stigma, we also identify distinct defensive strategies wealthy Roma employ to counter and avoid stigmatization. We suggest that a focus on the neglected spaces of wealthy Roma groups can facilitate a more comprehensive understanding of the distinct urban power relations that shape Roma stigmatization, reveal how this long‐term process has recently been accentuated within Europe alongside a more overt populist and anti‐Roma political agenda, and contribute to the development and refinement of Wacquant's thesis.     

Service on a Stigmatized Board,Social Capital,and Change in Number of Directorships

This article seeks to develop a nuanced understanding about the relationship between service on a stigmatized board and reduced opportunities for future directorships on other boards by examining the moderating effects of different dimensions of director social capital on this relationship. Evidence based on a unique sample of firms with boards that were viewed as being stigmatized by a group of corporate governance experts suggests that while serving on a stigmatized board is related to a reduction in future number of directorships held, this relationship is significantly mitigated for directors of upper‐class origins. However, social capital related to affiliations with other elite institutions does not appear to mitigate reduction in future number of directorships held by outside directors who serve on a stigmatized board. Implications and future directions in research on class‐based influence in the corporate community and stigmatization and devaluation of elites associated with corporate failures are discussed.     

Territorial Stigmatization and Territorial Destigmatization: A Cultural Sociology of Symbolic Strategy in the Gentrification of Parkdale (Toronto)

Territorial stigmatization is one of the most powerful concepts for understanding how social, spatial and symbolic processes are intertwined in producing contemporary urban inequality. Through a detailed case study of Parkdale, a Toronto neighbourhood that has been profoundly shaped by its long association with poverty, single room occupancy housing and psychiatric survivors, this article works at the points of intersection between the rapidly expanding literature on territorial stigmatization and wider social scientific interest in gentrification‐led displacement. Drawing on archival research, participant observation and interviews with residents, it demonstrates how territorial stigmatization, and a new allied concept, territorial destigmatization, operate in Parkdale. Territorial stigmatization and destigmatization work across three dimensions: legal, material and discursive. Using conceptual tools from cultural sociology to foreground symbolic elements of these three dimensions, two strategies of territorial destigmatization are delineated: one that operates in concert with gentrification‐led displacement, and the other that works to symbolically reinscribe stigmatized persons and housing forms. To complement and sharpen territorial stigmatization research, recent findings from studies of stigma are integrated to show how psychiatric survivors and housing advocates in Parkdale use territorial destigmatization to offset gentrification‐led displacement.     

A new look at an old problem: A positive psychology lens on discrimination – identity builders and work-related outcomes

Although many scholars and practitioners continue to emphasize the benefits of a diverse workforce, discrimination remains an impediment to diversity and inclusion. For African Americans, who are uniquely stigmatized in the United States as descendants of enslaved people, merely having a “black name” or Afro-centric hairstyle can result in employment discrimination. Despite these outcomes, many African Americans remain resilient while facing discrimination. Utilizing positive organizational scholarship and the positive work-related identity typology as a framework, we propose a conceptual model that examines how African Americans' experiences enable them to shape a positive identity and serve as protective buffers against discrimination. Importantly, we suggest this identity process empowers African Americans to overcome discrimination, still perform well, and not voluntarily quit. We conclude with a discussion of our model's impact on African Americans and other stigmatized minorities and suggestions for future human resource management research and practice.     

Temporary workers: Employee rights and employer responsibilities

As the number of temporary workers in the U.S. has increased dramatically over the past ten years, so, too, has social policy concent over the rights of temporary employees in the workplace and the responsibilities of employing organizations to them. This article first reviews the extent to which temporary workers can be considered “employees” of organizations and thereby be extended the same rights and protections as permanent, full-time employees. Then, the article reviews the current state of case law on the most salient legal issues pertaining to the treatment of temporary workers: discrimination, pay and fringe benefits, worker’s compensation, occupational safety and health, and union activity. The article concludes with the managerial implications of current labor law for compliance with legislative and judicial mandates.     

Post-9/11 Backlash in the Workplace: Employer Liability for Discrimination against Arab- and Muslim- Americans Based on Religion or National Origin

In the wake of the September 11, 2001 terrorist attacks, discrimination and violence directed toward American immigrants in general, and Arab- and Muslim-Americans in particular, increased markedly. Yet, despite a November, 2001 joint initiative undertaken by the EEOC, the Justice Department, and the Labor Department to increase sensitivity to and combat instances of potential discrimination or harassment against individuals who are—or are perceived to be—Muslim, Arab, Afghani, Middle Eastern, or South Asian, EEOC charge statistics for workplace discrimination claims involving religion, ethnicity, national origin, and citizenship indicate that the reported incidence of such conduct has continued to increase. This paper examines recent federal court cases that involve employment discrimination claims by Arab- and Muslim-Americans at both the trial court and appellate court levels to identify problematic fact patterns that may give rise to employer liability and to better understand judicial treatment of the legal issues when such cases are taken up on appeal. Management guidance for reducing potential liability when such situations arise in the workplace is developed based on recent findings in the case law. Analogous international implications are also discussed.     

Let’s Not Go Down that Path Again: Lessons from the Past Applied to Immigrant-Targeted Discrimination

Immigrants, both legal and illegal, are a staple of the modern United States workplace. While much of the discussion of this fact centers on negative consequences for the U.S., far less attention has been paid to the detrimental impact on immigrants resulting from their workplace experiences, particularly relating to being targets of discrimination. In this article, we outline: a) a variety of types of workplace discrimination potentially relating to immigrant status; b) potential negative outcomes arising from said discrimination for both immigrant employees and their employers, and; c) how existing and predicted employment law standards place organizations in a legally vulnerable position when such discrimination goes unchecked. We further discuss implications of immigrant-targeted discrimination (ITD) for organizations and managers, and plausible extensions of workplace discrimination laws to specifically include ITD.     

Sixty years of discrimination and diversity research in human resource management: A review with suggestions for future research directions

This article reviews discrimination and diversity research published in Human Resource Management (HRM) over the past 60 years. While discrimination and diversity are very different constructs, it is often informative to study them together, because when people recognize each other's diversity, this can result in bias, stereotyping, and discrimination. We conducted bibliographic searches for terms related to discrimination and diversity as well as a manual search through every title and abstract published in HRM over the last 60 years to assess article relevance. The search resulted in 135 research articles with 136 unique studies (i.e., samples) which are reviewed in this article. Sex and race are the demographics that have been examined the most in HRM, while religion has been examined the least. Moreover, the number of studies examining lesbian, gay, bisexual, transgender, and queer (LGBTQ) employees in the workplace in HRM has grown quickly within the past 10 years, culminating in a recent meta‐analysis. Our review looks at some of the earliest research published, the most recent research published, and the overall trends we identified in the research over the years for both discrimination and diversity articles. We then make future research suggestions and recommendations to advance the study of discrimination and diversity in the coming years.     

Cultural Discrimination: The Reasonable Accommodation of Religion in the Workplace

Reasonable accommodation of religious practices continues to be a problem in the workplace. Recent Supreme Court decisions have enabled employers to exclude employees from the decision-making process of what constitutes a reasonable accommodation of their religious beliefs through the de minimis standard. In this article it is argued that, in most cases, the reason employers have been allowed to discriminate against these employees is the contentious nature of minority religious beliefs with the mainstream religious culture. Because judges view discrimination based on religious beliefs as distinct from the other reasons for discriminatory practices, such as race, sex, or national origin, it appears unlikely that adherents to minority faiths will face any abatement of discrimination in the workplace.     

Shape up or ship out? Employment discrimination against the overweight

Increasing health care insurance costs have focused employer attention on health-related factors in employee recruitment and retention. One such factor is weight. Employers have argued that overweight employees are absent more often, are more susceptible to on-the-job injuries and illnesses, and are less productive than others. They have also contended that overweight employees present poor role models and may cause “negative reactions” by others. Although no federal law addresses employee obesity specifically, a number of laws prohibiting other forms of discrimination present potentially litigious situations. This article reviews the background and legal framework of discrimination against the overweight and offers some guidelines for avoiding such charges.     

Perceptions of Discrimination and Justice Among Employees with Disabilities

Despite the passage of almost two decades since the enactment of the Americans With Disabilities Act in the United States, individuals with disabilities are still underrepresented in the workforce, tend to hold lower status jobs, and receive lower wages. This study examines whether disabled workers also continue to encounter more negative workplace experiences in terms of discrimination and injustice. A sample of 1,880 employees of a large university, including 90 self-identified disabled individuals completed a work experience survey. Analyses indicate that disabled employees reported more overt and subtle discrimination and more procedural injustice than their non-disabled counterparts. Examination by the type of disability also revealed that those with non-physical disabilities reported more negative experiences than employees with physical disabilities. Perceived organizational and supervisory support were shown to have promise in reducing the effects of disability status on workplace attitudes and perceptions.     

Arbitral standards in medical screening grievances

Recent media attention to employer's growing use of tests to detect the AIDS virus among employees has revived a longstanding public debate over the approriateness of workplace medical screening. Under current statutory and common law, employers are given considerable latitude to implement medical screening policies. Although Rothstein (1984) has speculated that collective bargaining may provide the strongest protection currently available against the misuse of medical screening by employers, there has been no comprehensive analysis of such protections. This article begins to address that gap in the literature by investigating the standards commonly applied by arbitrators in deciding grievances protesting adverse personnel allocation decisions that allegedly have been based, at least in part, on medical screening.An earlier version of this paper was presented at the 1989 Annual Conference of the Council on Employee Responsibilities and Rights, and was published in the Conference Proceedings.     

Perceptions of On- The-Job Discrimination and Employees With Disabilities

This study examines factors that predict perceptions of workplace discrimination by employees with disabilities. Individual level variables are combined with organizational level variables in a single model of perceived inequality. Data came from surveys administered to employees with disabilities and their respective employers. Individual and organizational variables together provide a better understanding of perceived discrimination than either set alone. Despite the predominance of studies that demonstrate inequality in compensation, this study shows that employees experience discrimination over most terms/conditions of employment.     

Rational Irrationality and Group Size: The Effect of Biased Beliefs on Individual Contributions Towards Collective Goods

The price of irrationality or belief manipulation varies as we move from small to large group settings. Individual members of large groups can more cheaply bias downwards their beliefs as to the immorality of their free‐riding thereby circumventing internal moral constraints. The relative anonymity inherent to large number settings moreover reduces social pressures against free‐riding stemming from some common ethical or moral norms. Both selfish individuals facing an internal moral constraint to behave altruistically and those with altruistic preferences have an incentive to bias upward their belief of the decisiveness of their contribution in large number settings. In addition, the impact of symmetry and the illusion of control can introduce biases regarding the expected reactions of others to one's own decisions. The loosening of moral constraints will tend to increase free‐rider behavior while biased beliefs about the decisiveness of one's contribution or the reaction of others to one's actions will tend to decrease such behavior.     

The stigma of obesity and discrimination in performance appraisal: a theoretical model

We propose a theoretical model to study the effect of obesity stigma on performance appraisal. The model draws from the appraisal, obesity, stigmatization, and prejudice literatures to examine three sets of factors: individual factors in the appraiser(s) and the obese appraisee; factors in performance appraisal; and contextual factors. According to the model, these factors make it easier or harder for obesity stigma to affect the performance appraisal of obese employees, potentially biasing the process and resulting in discrimination. While examining the interplay of forces that facilitate or inhibit the expression of obesity stigma in the affective, cognitive, and behavioral responses of appraisers, we introduce the concept of ‘aversive weightism’. This concept enhances understanding of the tensions between the ethos of objectivity in performance appraisal and the deeply rooted, often unconscious influences of societal prejudice and stigma against obesity. We conclude with implications for research and practice.     

Behind closed doors: Sex bias at professional and managerial levels

U.S. companies have made important strides in combating sex discrimination in the workplace over the last two decades, but more subtle forms of sex bias still exist, often in decisions and behaviors that occur behind closed doors. This paper focuses on sex bias at professional and managerial levels. It explores sources of sex bias in the informal culture, selection and recruitment, task assignment, performance appraisal, promotion, and salary allocation, and then suggests action steps to help reduce sex bias in each of these areas.     

Australian Charter of Employment Rights, The Australian Institute of Employment Rights, Hardie Grant Books, 2007

This article examines the book, Australian Charter of Employment Rights. The book is an edited collection of work from a number of prominent employment relations’ academics and practitioners across Australia. By drawing upon both Australian and international employment rights the book allows for a critique of current and prospective legislation within Australia. This article highlights key parts of the book that should be of interest to both Australian and international readers. A great deal of the book’s content is based on international conventions concerned with equitable principles which the authors suggest should govern the workplace, for example: a workplace free of discrimination; dignity at work; fair minimum standards and effective dispute resolution. This author contends that the book should be considered by policymakers when drafting new Australian industrial relations policy. It is a welcome addition to scholarship in this field.     

Indiscriminate discrimination: A correspondence test for ethnic homophily in the Chicago labor market

Numerous field experiments have demonstrated the existence of discrimination in labor markets against specific minority groups. This paper uses a correspondence test to determine whether this discrimination is due to prejudice against specific groups, or a general preference for the majority group. Three groups of identical fabricated resumes are sent to help-wanted advertisements in Chicago newspapers: one with Anglo-Saxon names, one with African-American names, and one with fictitious foreign names whose ethnic origin is unidentifiable to most Americans. Resumes with Anglo-Saxon names generate nearly one third more call-backs than identical resumes with non Anglo-Saxon ones, either African-American or Foreign. We take this as evidence that discriminatory behavior is part of a larger pattern of unequal treatment of any member of non-majority groups, ethnic homophily.