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The Supreme Court's 2003 decision in Grutter v. Bollinger, approving race-conscious college admissions plans adopted by public higher education institutions to increase student body diversity, provided many lessons for pursuing diversity in other contexts, including employment. Grutter generated many predictions about whether the Court would similarly embrace in the employment context the diversity interest it had recognized in higher education. The Court's more recent decision in Fisher v. University of Texas at Austin offers additional guidance on the Court's developing diversity doctrine and its likely application beyond higher education. This Article identifies the current contours of the Supreme Court's diversity doctrine, as developed in cases from Grutter to Fisher, and predicts the Court's likely response to a future case adjudicating the diversity interest in employment.
Diversity is the reality of America today. Whether you let diversity be a drain on your organization or a dynamic contributor to your mission, vision, and strategy is both a choice and a challenge. Building on the Promise of Diversity gives you the insights and skills you need to navigate through simmering tensions -- and find creative solutions for achieving cohesiveness, connectedness, and common goals. Building on the Promise of Diversity is R. Roosevelt Thomas’s impassioned wake-up call to bring diversity management to a wholly new level -- beyond finger-pointing and well-meaning “initiatives” and toward the shared goal of building robust organizations and thriving communities. This original, thoughtful, yet action-oriented book will help leaders in any setting -- business, religious, educational, governmental, community groups, and more -- break out of the status quo and reinvigorate the can-do spirit of making things better. The book includes a deeply felt analysis of the sometimes tangled intersections between diversity management and the Civil Rights Movement and affirmative action agendas . . . a personal narrative that charts Thomas’s own evolution in diversity thinking . . . and a roadmap for mastering the powerful craft of Strategic Diversity ManagementTM, a structured process that helps you: * Realize why multiple activities and good intentions are not enough for achieving sustainable progress. * Recast the meaning of diversity as more than just race and gender, but as any set of differences, similarities, and tensions -- such as workplace functions, product lines, acquisitions and mergers, customers and markets, blended families, community diversity, and more.* Accept that a realistic goal is not to eliminate diversity tension but to use it as a catalyst to address key issues. * Recognize diversity mixtures, analyze them accurately, and make quality decisions in the midst of differences, similarities, and tensions.* Build an essential set of diversity skills and develop your “diversity maturity” -- the wisdom, judgment, and experience to use those skills effectively.* Reflect on the ways you might be “diversity challenged” yourself.
The Supreme Court's decision in Grutter v. Bollinger suggested that the government had affixed its seal of approval on the widespread use of affirmative action in employment. It created a potentially expansive diversity rationale for affirmative action that reaches beyond higher education and extends to employment in both the public and private sectors. Other courts anticipated this doctrinal shift before Grutter and also cautiously expanded it after Grutter. The Supreme Court will be forced to contend with these severe implications at some time in the future. Though an expanded diversity rationale is a plausible result of the reasoning in Grutter, it is not a necessary outcome. Grutter concerned a factual context with arguable countervailing constitutional considerations that the employment contexts do not present. Therefore, the Supreme Court will confront a clear choice: Will it preserve the guarantee of protection from racial discrimination, or will it instead adopt the more expansive components of its earlier diversity rationale in new areas? The latter more permissive course appears consistent with the Grutter Court's policy views of the benefits of racial diversity, but the course of containment is more in line with the Court's longer established policy of confining the permissible bounds of exceptions to equal protection and Title VII. Furthermore, affirmative action in employment offers only marginal operational benefits to employers, needlessly injures innocent individuals, and promotes insidious group polarization. Accordingly, if it retains Grutter, the Supreme Court should confine Grutter to the context of higher education. The Court should declare affirmative action in public sector employment to be unconstitutional under equal protection, and it should declare affirmative action in private sector employment to be illegal under Title VII.
Workplace diversity efforts have many critics. More notable perhaps than the attack from the right in the form of legal challenges alleging workplace diversity efforts amount to reverse discrimination is the normative critique of workplace diversity efforts from the left. Progressive responses to workplace diversity efforts range from cautious ambivalence to highly suspicious. This article deconstructs this progressive critique of workplace diversity efforts and in the process identifies two primary strands of opposition, one principled and the other practical. The article responds to this critique by situating workplace diversity efforts within the context of their equal employment opportunity origins and by highlighting their beneficial effects for women and racial minorities. This response reveals the true progressive concern as less about how workplace diversity efforts are justified in principle than about how they might operate in practice. Taking this pragmatic concern seriously, this article relies on theories of law and organizational theory to suggest that Title VII law and doctrine should be interpreted and applied by courts in response to workplace diversity efforts in ways that promote their equality-enhancing effects and otherwise restrict their potential to incur the kinds of practical harms that most concern progressive scholars.
This [book] is ... an examination of the workplace from a diversity perspective. [The author's] goal is to open the reader to different avenues of thinking about important areas of organizational life. This book was written to express and value the perspectives and realities of women, people of color, and gay and lesbian workers so that their experiences are primary rather than an afterthought.-Pref.
Addresses increased diversity in government work forces, and management strategies appropriate for managing diversity. Today, public employers are poised to create productive work forces that are represented of the global population. As we enter the twenty-first century, Americas workforce looks markedly different than it ever has before. Compared with even twenty years ago, more white women, people of color, disabled persons, new and recent immigrants, gays and lesbians, and intergenerational mixes now work in America. The way in which government employers embrace this opportunity of diversity will clearly distinguish effective and efficient organizations from those which are unproductive and unable to meet the demands and necessities of the American people in the new century. This book addresses the demographic changes to the labor force and workplace and the ways in which government employers are managing the imminently diverse populations that now fill public sector jobs. It addresses the specific management strategies and initiatives relied upon by public sector employers as well as the implications of effectively managing variegated workforces for the overall governance of American society.
"Diversity" has become the turn-of-the-century buzzword. Republican and Democratic leaders ritually chant "diversity is our strength" and corporate CEOs talk about the need to create a "workforce that looks like America." Most corporate mission statements now contain a clause on "valuing differences" and millions of employees have completed-or soon will undergo-some sort of "diversity training." Where did all this come from -and why? Who created diversity programs? How do they differ? How effective are these policies? Can they do more harm than good in organizations and in the wider society?During the past decade, sociologist Frederick R. Lynch studied the rise of a social policy movement that has successfully moved multiculturalism from universities and foundations into the courts, mass media, and the American workplace. The new diversity policies are future-oriented and market-driven, eclipsing "old" affirmative action debates about overcoming past discrimination against blacks.Based on more than six years of field research and hundreds of interviews, Lynch tracks the development and impact of different forms of diversity policies at dozens of consultant gatherings, in the business and professional literature and through in-depth case studies such as the Los Angeles Sheriff's Department and the University of Michigan, Ann Arbor. He profiles the major consultants who have powered the diversity machine, analyzes the benefits and drawbacks of various approaches to workplace diversity and provides numerous "you-are-there" samples of workshops, seminars, and conferences.The book is written for the general reader interested in public-policy issues, social scientists, and others interested in the origins and consequences of workplace diversity policies.
Diversity in Organizations argues that ensuring a diverse workforce composition has tangible benefits for organizations. Rather than relying on touchy-feely arguments, Herring and Henderson present compelling evidence that directly links diversity to the bottom line. Readers will learn: How and why diversity is related to business performance The impact of diversity training programs on productivity, business performance and promotions The biggest mistakes in diversity management, and how to avoid them What can be done to make diversity initiatives more effective and politically palatable How to measure success in diversity initiatives in rigorous, non-technical ways to achieve desired results Presented accessibly, without shying away from the contentious aspects of diversity, the book also provides concrete advice and guidance to those who seek to implement diversity programs and initiatives in their organizations, and to make their companies more competitive. Students taking classes in diversity, human resource management, sociology of work, and organizational psychology will find this a comprehensive, helpful resource.