Parsing Work Environments Along the Dimensions of Sexual and Non-Sexual Harassment: Drawing Lines in Office Sand

Laws addressing harassment at work have evolved considerably since court systems first recognized that (sexual) harassment is illegal. Now, managers must worry about protected classes other than sex (e.g., race, age, etc.), and the effects of harassment on bystanders as well as victims (i.e., ambient harassment). Understanding these newer conceptualizations of workplace harassment is critical for mangers dealing with an increasingly complex array of possible work environments, only some of which are illegal. Toward this end, we present a taxonomy of eight possible work environments, created by parsing the legal definition of sexual harassment (i.e., the first-recognized type of hostile work environment). The taxonomy illustrates the evolution of law in this area, and highlights the multidimensional nature of workplace harassment. Also discussed are potential complications arising from how a reasonable person and a victim might interpret behavior. Managers using the taxonomy may better assess whether their work environments have crossed the line, or facilitate movement from less- to more-desirable work environments.

Appearance-based Sex Discrimination and Stereotyping in the Workplace: Whose Conduct Should We Regulate?

Court treatment of sex discrimination and harassment claims based on appearance and gender stereotyping has been inconsistent, particularly where the facts involve reference to sexual orientation. Ironically, court willingness to allow such claims may turn on the choice of verbal or physical conduct by, or the sex or sexual orientation of, the alleged offenders. Because plaintiffs in such situations may assert retaliation claims to increase their chances of prevailing, employers should focus less on regulating aspects of personal appearance unrelated to job performance and more on problematic reactions by co-workers. Workplace civility policies may hold promise for limiting both legal liability and practical consequences in the absence of a legislative response.

The Paramour’s Advantage: Sexual Favoritism and Permissibly Unfair Discrimination

Despite the prevalence of sexual favoritism in the workplace, there is much debate over whether this phenomenon rises to the level of prohibited discrimination and harassment. While the United States Supreme Court has not yet involved itself in adjudicating issues of sexual favoritism, the Equal Employment Opportunity Commission, however, has issued guidelines. The California Supreme Court recently addressed the “sexual favoritism as sexual harassment/discrimination” issue and, absent better guidance from the federal courts, the California decision provides interesting insights for the legal and business communities. This article explores key issues involving workplace romances, sexual favoritism, and Title VII’s prohibition of sexual harassment as an illegal form of discrimination based on sex. We use the recent California Supreme Court decision in Miller to illustrate the legal and managerial challenges facing policy makers and management practitioners. We conclude with a discussion of policy alternatives for creating a discrimination- and harassment-free workplace while effectively managing workplace romances and instances of sexual favoritism.

Gender,Organizational Justice Perceptions,and Union Organizing

The authors examine the relationship between gender and organizational justice perceptions and the implications of this relationship for organizing women. They employ a survey study design to confirm expectations associated with the anecdotal literature on this topic, namely that women place greater value on interactional justice than on distributive or procedural justice. Results indicate that gender leads to valuing interactional justice more highly only in interaction with race. Specifically, in contrast to white women and both white and black men, black women give greater weight to being treated with dignity and respect than to the other two organizational justice dimensions.

A longitudinal study of the characteristics, business creation process and outcome differences of Canadian female vs. male nascent entrepreneurs

This paper concerns a longitudinal study, of a random sample of nascent entrepreneurs in Canada (based on an initial screening sample of 49,763 households). We study gender differences, including number and type of gestational activities, the characteristics of the business created, and the status of the start-up effort after the 4th year of data collection. Logistic regression is used to predict the creation of an operating business from gender and other variables. Four of nine gender difference hypotheses were supported. Findings show that women who are members of a start-up team are six times more likely to achieve an operating business.

Legitimating behaviors and firm emergence: a resource dependence perspective

This study makes an attempt to understand some of the reasons why some nascent firms make the transition to new operational firms (a process called “firm emergence”) while others do not. Because of liabilities-of-newness, nascent firms face the daunting task of acquiring legitimacy from their immediate audience in order to emerge as new operational firm. This study claims and finds empirical evidence that through certain legitimating behaviors nascent firms can acquire legitimacy from their immediate audience and thus succeed in becoming new operational firms. The study will put forward more general propositions for future testing, and will draw implications for practitioners and entrepreneurship scholars.

The motives of off-the-books entrepreneurs: necessity- or opportunity-driven?

In recent years, it has become common to represent entrepreneurs as either necessity- or opportunity-driven. Drawing upon face-to-face interviews in England with 70 entrepreneurs trading wholly or partially off-the-books, this paper evaluates critically this dichotomous representation. The finding is that squeezing the motives of off-the-books entrepreneurs into one side or the other of this dichotomy not only over-simplifies their rationales since both necessity and opportunity motives are often involved but also obfuscates how their motives change over time. The outcome is a call to replace this either/or depiction with a richer and more nuanced both/and understanding of off-the-books entrepreneurs that recognises their diverse and dynamic motives.

An examination of the performance and prospects for the future of internet-primary banks

We study Internet-primary banks for differences in performance versus newly chartered traditional banks from 1996 through 2003. Internet-primary banks are larger, with lower net interest margins and loan losses, and higher wage and physical capital rates than newly chartered traditional banks. Univariate ROE is lower, but profit efficiency is significantly higher on average for Internet-primary banks compared to all newly chartered banks as well as those that survive through the sample period. In multivariate models, Internet-primary banks continue to have significantly higher average profit efficiency, and particularly so when of sufficient size.

How to value a life

The tradeoff between money and small risks of death is the value of statistical life (VSL), which has become the standard for assessing the benefits of risk and environmental regulations. Labor market estimates of the VSL average about $7 million. This valuation amount rises with age and then declines, closely tracking the pattern of consumption over the life cycle. The VSL for those at age 60 is higher than for people in their 20s. Application of this methodology to assess the mortality costs to smokers indicates a personal mortality cost on the order of $200 per pack for men and $100 for women using a 3% discount rate, but based on smokers’ rates of time preference the costs are reduced by about an order of magnitude.

Opportunity recognition in technology transfer organizations

The task of recognizing valuable technological opportunities is crucial for the organizations in charge of transferring technology from universities and publicly funded research institutes to the market. Difficulties in understanding the true commercial potential of an application result in failed subsequent commercialization and excess costs of technology transfer. This paper describes how the task of opportunity recognition is performed in five Technology Transfer Organizations (TTOs). The analyzed TTOs had different degree of independence to the structure of the parent and make use of information and competencies acquired through their formal and informal network ties.

Debreu’s coefficient of resource utilization, the Solow residual, and TFP: the connection by Leontief preferences

Debreu’s coefficient of resource utilization is freed from individual data requirements. The procedure is shown to be equivalent to the imposition of Leontief preferences. The rate of growth of the modified Debreu coefficient and the Solow residual are shown to add up to TFP growth. This decomposition is the neoclassical counterpart to the frontier analytic decomposition of productivity growth into technical change and efficiency change. The terms can now be broken down by sector as well as by factor input.

Application of a double bootstrap to investigation of determinants of technical efficiency of farms in Central Europe

The paper provides one of the first applications of the double bootstrap procedure (Simar and Wilson 2007) in a two-stage estimation of the effect of environmental variables on non-parametric estimates of technical efficiency. This procedure enables consistent inference within models explaining efficiency scores, while simultaneously producing standard errors and confidence intervals for these efficiency scores. The application is to 88 livestock and 256 crop farms in the Czech Republic, split into individual and corporate.

Opening the black box: Finding the source of cost inefficiency

Parametric and nonparametric procedures are used to identify the apparent source of cost inefficiency in banking. Inefficiencies of 20–25% from earlier studies are reduced to 1–5% when, in addition to commonly specified cost function influences, variables reflecting banks’ external business environment and industry indicators of “productivity” are added. These productivity indicators explain most of the reduction in bank operating cost over 1992–2001 and was 5 times the reduction in the dispersion of inefficiency. Inefficiency appears stable over time because it is small relative to industry-wide cost changes occurring concurrently and because technology dispersion is imperfect.

Public Sector Employee Discipline: Comparing Police to Other Public Sector Employees

This study compares the disciplinary process for police vs. nonpolice public employees. A random sample of 200 cases was drawn from the 806 public sector discipline cases published in volumes 111–118 of Labor Arbitration Reports. Case characteristics, classification of conduct unbecoming, proposed discipline, arbitrator behavior, reasons for reversing management’s penalty other than conduct unbecoming, procedural outcomes and findings were analyzed. The frequency of the finding for the employer was actually higher for police than for the nonpolice cases. Managerial actions that resulted in reversing the disciplinary penalty were not as suggested by the literature. Multivariate analyses of the case characteristics led to the conclusion that police discipline may have been distinctive from nonpolice public employee discipline in the past, but is no longer so distinctive.

Towards Employee Wellness: Rethinking Bullying Paradoxes and Masks

“Wellness in organizations” should focus on the well being of individual workers. At a time when the wellness of individuals is increasingly being threatened in our workplaces, I argue that one way wellness can be sought is through careful examination of routine organizational practices. To make this point, I look to the problem of bullying in organizations and, in particular, traditional organizational responses to bullying. The paradoxes of protective legislation and protective workplace policies are explored, before numerous organizational masks that serve to bolster these paradoxes are discussed: the mask of stereotypes; the mask of Alternative Dispute Resolution (ADR); the mask of counseling; and the mask of training. The way towards wellness in organizations lies with the recognition of unintended distortions and limitations on existing legislation, policy and process, and the critical assessment of traditional remedies.

Smoking prevalence in the United States: Differences across socioeconomic groups

This paper uses recent US state-level data to examine smoking behavior across four population groups divided by age, literacy, income and ethnicity. Another contribution lies in the consideration of various smoking control policies and the full costs of smoking. Overall, the results show that non-price smoking policies are relatively more effective than price or tax policies in reducing smoking prevalence and that these policies gain effectiveness as the population begins to age.

A generalized procedure to recover the first derivatives of a production function when the firm is a profit maximizer

Partial derivatives of production functions are necessary in many instances to characterize the technology of firms. We present here a general method to recover the first derivatives of the production function of a profit maximizing firm. The method is systematic and applies even when the optimization problem of the firm is subject to additional constraints. It allows researcher to recover returns to scale and technological progress in complex situations.

Bias of distance functions estimates and Primont and Primont’s homotheticity test

The question of whether a technology exhibits particular properties such as radial input or output homotheticity is a crucial one for a producer since it should strongly impact on its reactions to market changes. Primont and Primont (Econ Lett 45:191–195, 1994) established that it can be tested using only weak assumptions. They further used their results to test for input homotheticity of an educational production technology (Primont and Primont, Can J Econ 29:587–591, 1996). In this paper, it is shown that if not implemented properly, the test can lead to biased results. Some ways to obtain unbiased results are also suggested.

Franchising and intellectual capital: A franchisee’s perspective

Various studies have focused on the reasons for franchising. Most studies have concentrated principally on the franchisors’ motivations for franchising, with only a few exploring franchising as a route to self-employment. This paper seeks to provide a conceptual framework which examines the value of franchising to franchisees, employing an intellectual capital perspective. It is suggested that the (perceived) value of the franchise system is unlikely to remain static over time, and that the perceived benefits of franchise systems will vary according to both system and franchisee attributes.

Employee Moral Rights: Recognizing Their Implicit Financial Investments in the Firm

The literature on employee (moral) rights has been limited to workplace human rights. This essay focuses on Employee Moral Rights defined as the moral claims individuals are entitled to due to their role as employees. Noting they make significant (although implicit) financial investments in the firm they work for, this essay argues dedicated employees should be treated as financial investors, which implies dedicated employees have the moral right to (1) be treated as every other financial investor; (2) share in the firm’s profits; (3) timely, accurate, and sufficient disclosure of significant information; (4) protection from senior managers’ abusive self-dealing; and (5) mechanisms to protect their financial investment including fair severance payments and effective pension protection.