Introduction
Despite promoting a favorable image, not all organizations always follow the basics of good behavior. The provided case study (CS) presents the situation of Uber protecting its employees who harassed other individuals working in the corporation. Although Uber made some changes after an independent investigation, the scandal resulted in financial losses and also caused problems for the business in retaining current clients and attracting new ones (della Cava, 2017). This project analyses sexual harassment alongside diversity and legislation in such major companies as Uber.
Diversity
Diversity is a crucial element within any organization and can provide many benefits. In their business case for diversity, Taylor Cox and Stacy Blake propose that businesses may obtain a competitive advantage by embracing diversity (OpenStax, 2021). Accordingly, changes to Uber’s leadership team in hiring two senior female executives can be associated with several positive outcomes. First, diversity facilitates cost advantages by reducing potential expenses in lawsuit damages and lowering turnover fees (OpenStax, 2021). Second, diversity can influence resource acquisition by increasing the labor pool and hiring more quality employees represented by women and minorities (OpenStax, 2021). Third, diversity can elevate marketing efforts by gaining broad perspectives concerning consumer preferences and enhancing the organization’s reputation, thus attracting new clients (OpenStax, 2021). Consequently, the adoption of diversity practices can help Uber save resources and stand out among other companies.
Furthermore, diversity among leaders, followed by higher acceptance of women and minorities among employees, can help staff members grow and be more efficient. According to Cox and Blake’s business case, a culturally diverse work environment enables better interactions between individuals and promotes cognitive and system flexibility (OpenStax, 2021). Moreover, teams from diverse backgrounds generate more innovative ideas and produce a greater number of solutions to problems with a broader range of perspectives (OpenStax, 2021). Therefore, some positive outcomes related to changes to Uber’s leadership team in terms of diversity are cost savings, resource acquisition, better marketing, flexibility, more efficient problem-solving, and creativity. Consequently, by realizing the listed benefits, companies like Uber may be more open to embracing diversity modifications among leaders and other employees.
Legislation
When opposing problems at Uber, Susan Fowler was protected under a form of federal legislation known as laws. Fowler (2017) states that at the time of the scandal, there were sexism and discrimination against women at Uber, such as the continuous undermining of Fowler’s performance despite the evidence of many accomplishments. Accordingly, federal laws are also called acts, and the ones that apply to the situation are those that prohibit harassment and discrimination due to a person’s sex (U.S. Senate, n.d.; OpenStax, 2021). In particular, discriminating against or harassing someone is illegal under Title VII of the Civil Rights Act of 1964 (OpenStax, 2021). Notably, harassment is also forbidden under ADEAD (Age Discrimination in Employment Act) of 1967 and the ADA (Americans with Disabilities Act) of 1990 (OpenStax, 2021). Consequently, Uber’s conduct with Fowler is prohibited by anti-discrimination laws based on limiting an individual from filing a report or interfering with a person’s performance (U.S. Equal Employment Opportunity Commission, n.d.). Fowler was protected under such federal laws as Title VII of the Civil Rights Act of 1964 for being harassed by a superior and then discriminated against by the employer.
Sexual Harassment
To prevent sexual harassment incidents such as those at Uber from happening in the first place, the company should have implemented strategies concentrating on the employer and employees discouraging such behavior. The first strategy should focus on Uber’s upper management and human resources department creating a system that would oppose harassment. The company should regularly conduct assessments and climate surveys for the risk factors associated with the matter (Shaw et al., 2018). Consequently, the corporation should adopt and communicate anti-harassment policies and offer reporting procedures (Shaw et al., 2018). Finally, the business should ensure that individuals committing sexual harassment are promptly and appropriately disciplined (Shaw et al., 2018). The second strategy should aim at enabling employees to discourage harassment by utilizing bystander training. The approach focuses on building a sense of community where everyone is empowered to voice any undesirable incidents (Schulte, 2018). Bystander interventions begin before harassment occurs by normalizing non-threatening, informal conversations about conduct and how coworkers can help each other (Schulte, 2018). Uber should have put in place strategies that would have monitored the possibility of sexual harassment, with employees being encouraged to voice issues.
Furthermore, another strategy that Uber should have considered is diversifying staff members. Cases that center around sexual harassment emerge from workplace discrimination, which occurs when a person is treated unfairly (OpenStax, 2021). Moreover, harassment often happens to women working in male-dominated jobs, similar to the situation presented in the CS (Shaw et al., 2018). Accordingly, to prevent harassment in the first place, Uber should have utilized highly structured interviews to increase the possibility of employing more female specialists (OpenStax, 2021). The approach involves fifteen characteristics, such as job analysis and statistical prediction, and can assist in assuring fairness for all applicants (OpenStax, 2021). Consequently, a strategy that Uber should have put in place to prevent sexual harassment is hiring more women to diversify human assets and discourage workplace discrimination.
Classification of Workers
The new growing gig economy affects diversity and harassment by differentiating in classifying workers as employees and independent contractors (ICs). Gig-economy utilizes short-term, contracted workers for both skilled and unskilled positions and is affiliated with lawsuits brought by individuals seeking employee status (Walton & Brue, 2019). ICs are more likely to become victims of harassment because the group is often not protected by Title VII of the Civil Rights Act of 1964 (Walton & Brue, 2019). As a result, because ICs may not be shielded by legislation that punishes harassment, such persons may experience more discrimination than those legally classified as employees (Walton & Brue, 2019). Consequently, discrimination is interconnected with diversity, and the latter cannot fully prosper in the presence of the former (OpenStax, 2021). Therefore, under the scope of the gig economy, diversity improves when workers are legally classified as employees, whereas harassment increases when people are seen as independent contractors.
Conclusion
To summarize, the analysis in this paper concentrated on diversity, sexual harassment, and legislation based on the example of Uber. Victims of sexual harassment are protected under Title VII of the Civil Rights Act of 1964 and other similar laws. However, many situations require workers to be legally classified as employees to be shielded by legislation. For companies to prevent harassment incidents from happening in the first place, organizations should consider such strategies as bystander training and highly structured interviews. Overall, the findings suggest that harassment can be addressed by diversity and that when teams embrace the latter, businesses can receive such positive outcomes as cost advantages.
References
della Cava, M. (2017). Uber has lost market share to Lyft during crisis. USA Today. Web.
Fowler, S. (2017). Reflecting on one very, very strange year at Uber. Susan Fowler. Web.
OpenStax. (2021). Principles of management. Rice University. Web.
Schulte, B. (2018). To combat harassment, more companies should try bystander training. Harvard Business Review, 31, 1-6.
Shaw, E., Hegewisch, A., & Hess, C. (2018). Sexual harassment and assault at work: Understanding the costs. Institute for Women’s Policy Research, 376, 1-12.
U.S. Equal Employment Opportunity Commission. (n.d.). Harassment. EEOC. Web.
U.S. Senate. (n.d.). Laws and regulations. Senate. Web.
Walton, A. L., & Brue, K. L. (2019). Worker classification in the gig economy: Do businesses pass the test? Journal of Human Resources Education, 13(1), 1-22.