Leadership and Humanitarian Training for Leaders
17 Septembre 2018
Integrating Human Rights in Business course is among lessons that provide accurate skills for various category of people. Stakeholders in their regular business need to have ensure that Human Rights is respected.
As future managers and leaders its prepare us to better know how integrating Human Rights in our organization. In addition, as a professional in the United Nations, I was trained and got a certificate on: i) Human Rights Responsibilities (26-Jul-2016); ii) Human Rights and
peace keeping (03-Oct-2014); iii) Introduction to Human Rights (from 28/03 au 11/06/2014) and iv) Monitoring of Human Rights (2008). See attached certificates.
As a Jurist, this paper of Integrating Human Rights in Business has an importance. it helps students, managers and leaders to better understand how to integrate Human Rights in Policies and monitor its execution in organizational culture and employee’s behavior.
For businessmen, it helps executives to understand and apply current good practice in identifying and managing human rights issues across the operations, supply chains and product portfolios of large multi-national corporations. Also, this course intends primarily for senior executives and Board members, who may have oversight of the human rights process but are not responsible for day to-day implementation, to help them shape their own company’s approach. Human rights professionals within corporations may also find this publication useful to inform colleagues and initiate conversations about their companies’ human rights impacts.
Meanwhile, growth in client demand since recent years has imposed the need for responsibility of businesses to respect human rights. Since then, pressure has increased on companies to identify and address human rights issues across their businesses. Failing to address human rights issues can risk damaging brand value and reputation and can also bring an increasing risk of litigation and of non-compliance with a growing body of legislation in the area.
A growing number of companies are becoming aware of the contribution they can make to advancing human rights within their spheres of influence and the benefits such an approach can have for their businesses. While human rights continue to be the primary responsibility of governments, companies can do a lot within the context of their own business to support and respect the observance of human rights. Being proactive on human rights can make good business sense, as well as being the right thing to do.
This paper provides some elements on how to integrate Human Rights in Business. It can help business leaders and managers in large and medium-sized enterprises, private and state-owned, who would like to develop their understanding of human rights in business practice.
Part 3. IMPLEMENT HUMAN RIGHTS FOR OVERCOMING CULTURAL BARRIERS (Part 3 of 2 and 1)
This part 3 is completing the 1st and 2nd part on the same site.
3.1. Integrating Human right through Diversity
One of the most important management issues to emerge over the last 40 years has been the increasing diversity of the workforce. Diversity is dissimilarities—differences—among people due to age, gender, race, ethnicity, religion, sexual orientation, socioeconomic background, education, experience, physical appearance, capabilities/disabilities, and any other characteristic that is used to distinguish between people.
When managers commit to diversity, their commitment legitimizes the diversity management efforts of others[1]. In addition, resources are devoted to such efforts, and all members of an organization believe that their diversity-related efforts are supported and valued. Consistent with this reasoning, top management commitment and rewards for the support of diversity are often cited as critical ingredients in the success of diversity management initiatives[2]. Additionally, seeing managers express confidence in the abilities and talents of diverse employees causes other organizational members to be similarly confident and helps reduce any prejudice they may have because of ignorance or stereotypes[3].
Two other important factors emphasize why managers are so central to the effective management of diversity. The first factor is that women, African Americans, Hispanics, and other minorities often start out at a slight disadvantage due to how they are perceived by others in organizations, particularly in work settings where they are a numerical minority. As Virginia Valian, a psychologist at Hunter College who studies gender, indicates, “In most organizations women begin at a slight disadvantage. A woman does not walk into the room with the same status as an equivalent man, because she is less likely than a man to be viewed as a serious professional[4].”
The second factor is that research suggests that slight differences in treatment can accumulate and result in major disparities over time. Even small differences—such as a small favorable bias toward men for promotions—can lead to major differences in the number of male and female managers over time[5]. Thus, while women and other minorities are sometimes advised not to make “a mountain out of a molehill” when they perceive they have been unfairly treated, research conducted by Valian and others suggests that molehills (slight differences in treatment based on irrelevant distinctions such as race, gender, or ethnicity) can turn into mountains over time (major disparities in important outcomes such as promotions) if they are ignored[6]. Once again, managers have the obligation, from both an ethical and a business perspective, to prevent any disparities in treatment and outcomes due to irrelevant distinctions such as race or ethnicity.
The principle of distributive justice dictates fair distribution of pay, promotions, job titles, interesting job assignments, office space, and other organizational resources among members of an organization. These outcomes should be distributed according to the meaningful contributions that individuals have made to the organization (such as time, effort, education, skills, abilities, and performance levels) and not irrelevant personal characteristics over which individuals have no control (such as gender, race, or age)[7]. Managers have an obligation to ensure that distributive justice exists in their organizations.
This does not mean that all members of an organization receive identical or similar outcomes; rather, it means that members who receive more favorable outcomes than others have made substantially higher or more significant contributions to the organization.
Is distributive justice common in organizations in corporate America? Probably the best way to answer this question is to say things are getting better. Fifty years ago, overt discrimination against women and minorities was common; today organizations are inching closer toward the ideal of distributive justice. Statistics comparing the treatment of women and minorities with the treatment of other employees suggest that most managers need to take a proactive approach to achieve distributive justice in their organizations[8]. For example, across occupations, women consistently earn less than men according to data collected by the U.S. Bureau of Labor Statistics[9]. Even in occupations dominated by women, such as sales and office occupations, men tend to earn more than women[10].
In many countries, managers have not only an ethical obligation to strive to achieve distributive justice in their organizations but also a legal obligation to treat all employees fairly. They risk being sued by employees who believe they are not being fairly treated. That is precisely what six African-American Texaco employees did when they experienced racial bias and discrimination[11].
There are several reasons why diversity is such a pressing concern and an issue both in the popular press and for managers and organizations:
[1]) Valian, Why So Slow?
[2]) S. Rynes and B. Rosen, “A Field Survey of Factors Affecting the Adoption and Perceived Success of Diversity Training,”
Personnel Psychology 48 (1995), 247–70; Valian, Why So Slow?
[3]) V. Brown and F.L. Geis, “Turnng Lead into Gold: Leadership by Men and Women and the Alchemy of Social Consensus,” Journal of Personality and Social Psychology 46 (1984), 811–24; Valian, Why So Slow?
[4]) Valian, Why So Slow?
[5]) J. Cole and B. Singer, “A Theory of Limited Differences: Explaining the Productivity Puzzle in Science,” in H. Zuckerman, J.R. Cole, and J.T.
Bruer, eds., The Outer Circle: Women in the Scientific Community (New York: Norton, 1991), 277–310; M.F. Fox, “Sex, Salary, and chievement: Reward Dualism in Academia,” Sociology of Education 54 (1981), 71–84; J.S. Long, “The Origins of Sex Differences in Science,” Social Forces 68 (1990), 1297–1315; R.F. Martell, D.M. Lane, and C. Emrich, “Male–Female Differences: A Computer Simulation,” American Psychologist 51 (1996), 157–58; Valian, Why So Slow?
[6]) Cole and Singer, “A Theory of Limited Differences”; Fox, “Sex, Salary, and Achievement”; Long, “The Origins of Sex Differences”; Martell, Lane, and Emrich, “Male–Female Differences: A Computer Simulation”; Valian, Why So Slow?
[7]) R. Folger and M.A. Konovsky, “Effects of Procedural and Distributive Justice on Reactions to Pay Raise Decisions,” Academy of Management Journal 32 (1989), 115–30; J. Greenberg, “Organizational Justice: Yesterday, Today, and Tomorrow,” Journal of Management 16 (1990), 399–402; O. Janssen, “How Fairness Perceptions Make Innovative Behavior More or Less Stressful,” Journal of Organizational Behavior 25 (2004), 201–15.
[8]) Catalyst, “The Glass Ceiling in 2000: Where Are Women Now?” www. catalystwomen.org, October 21, 2001; Bureau of Labor Statistics, 1999, www.bls.gov; Catalyst, “1999 Census of Women Corporate Officers and Top Earners,” www.catalystwomen. org; “1999 Census of omen Board Directors of the Fortune 1000,” www.catalystwomen.org; Catalyst, “Women of Color in Corporate Management: Opportunities and Barriers, 1999,” www.catalystwomen.org, October 21, 2001.
[9]) “Household Data Annual Averages,” www.bls.gov, April 28, 2004; U.S. Bureau of Labor Statistics, Economic News Release, Table 7. Median Usual Weekly Earnings of Full-Time Wage and Salary Workers by Occupation and Sex, Annual Averages, http://data.bls.gov/cgi-bin/print. pl/news.release/wkyeng.t07.htm, February 9, 2010; “Household Data Annual Averages: 39. Median Weekly Earnings of Full-Time Wage and Salary Workers by Detailed Occupation and Sex,” http:// www.bls.gov/cps/cpsaat39.pdf, April 11, 2012.; “Household Data Annual Averages 39. Median Weekly Earnings of Full-Time Wage Salary Workers by Detailed Occupation and Sex,” http://www.bls.gov/cps/ cpsaat39.htm, April 1, 2014.
[10]) “Household Data Annual Averages,” www.bls.gov, April 28, 2004; “Household Data Annual Averages: 39”; “Household Data Annual Averages 39. Median Weekly Earnings of Full-Time Wage Salary Workers by Detailed Occupation and Sex,” http://www.bls.gov/cps/cpsaat39.htm, April 1, 2014.
[11]) A.M. Jaffe, “At Texaco, the Diversity Skeleton Still Stalks the Halls,” The New York Times, December 11, 1994, sec. 3, p. 5.
[12]) “Household Data Annual Averages,” www.bls.gov, April 28, 2004; “Household Data Annual Averages: 39”; “Household Data Annual Averages 39. Median Weekly Earnings of Full-Time Wage Salary Workers by Detailed Occupation and Sex,” http://www.bls.gov/cps/ cpsaat39.htm, April 1, 2014.
[13]) “Usual Weekly Earnings Summary,” News: Bureau of Labor Statistics, April 16, 2004 (www.bls.gov/news.release/whyeng. nr0.htm); “Facts on Affirmative Action in Employment and Contracting,” Americans for a Fair Chance, January 28, 2004 (fairchance. civilrights.org/ research _center/details.cfm?id518076); “Household Data Annual Averages,” www.bls.gov, April 28, 2004.
[14]) “Prejudice: Still on the Menu,” Business- Week, April 3, 1995, 42.
[15]) “She’s a Woman, Offer Her Less,” BusinessWeek, May 7, 2001, 34.
3.1.1. Integrating Human right through struggle against Discrimination
Inaccurate schemas and perceptual biases can lead well-meaning managers and organizational members to unintentionally discriminate against others. On the other hand, overt discrimination, or knowingly and willingly denying diverse individuals access to opportunities and outcomes in an organization, is intentional and deliberate. Overt discrimination is both unethical and illegal. Unfortunately, just as some managers steal from their organizations, others engage in overt discrimination.
3.1.1.1. Gender
Results of a study conducted by Catalyst found that organizations with higher proportions of women in top management positions had significantly better financial performance than organizations with lower proportions of female top managers[1]. Another study conducted by Catalyst found that companies with three or more women on their boards of directors performed better in terms of returns on equity, sales, and invested capital than companies with fewer or no women on their boards[2]. Studies such as these make one wonder why the glass ceiling continues to hamper the progress of women in business (a topic we address later in the chapter).
3.1.1.2. Race and Ethnicity
The increasing racial and ethnic diversity of the workforce and the population underscores the importance of effectively managing diversity. Statistics compiled by the Bureau of Labor Statistics suggest that much needs to be done in terms of ensuring that diverse employees have equal opportunities. For example, median weekly earnings for black men are approximately 75.1 percent of median earnings for white men; median weekly earnings for black women are approximately 83.9 percent of median earnings for white women[3]. In the remainder of this chapter, we focus on the fair treatment of diverse employees and explore why this is such an important challenge and what managers can do to meet it. We begin by taking a broader perspective and considering how increasing racial and ethnic diversity in an organization’s environment (such as customers and suppliers) affects decision making and organizational effectiveness.
Pressure is mounting on networks to increase diversity for a variety of reasons revolving around the diversity of the population, TV viewers, and consumers. For example, home and automobile buyers are increasingly diverse, reflecting the increasing diversity of the population as a whole[4]. Moreover, managers must be especially sensitive to avoid stereotyping different groups when they communicate with potential customers. For example, Toyota Motor Sales USA made a public apology to the Reverend Jesse Jackson and his Rainbow Coalition for using a print advertisement depicting an African-American man with a Toyota RAV4 sport utility image embossed on his gold front tooth[5].
3.1.1.3. Religion
Title VII of the Civil Rights Act prohibits discrimination based on religion (as well as based on race/ethnicity, country of origin, and sex; see Table 5.1 and Chapter 12). In addition to enacting Title VII, in 1997 the federal government issued “The White House Guidelines on Religious Exercise and Expression in the Federal Workplace.[6]” These guidelines, while technically applicable only in federal offices, also are frequently relied on by large corporations. The guidelines require that employers make reasonable accommodations for religious practices, such as observances of holidays, if doing so does not entail major costs or hardships[7].
A key issue for managers in religious diversity is recognizing and being aware of different religions and their beliefs, with attention being paid to when religious holidays fall. For example, critical meetings should not be scheduled during a holy day for members of a certain faith, and managers should be flexible in allowing people to have time off for religious observances. According to Lobna Ismail, director of a diversity training company in Silver Spring, Maryland, when managers acknowledge, respect, and make even small accommodations for religious diversity, employee loyalty is often enhanced. For example, allowing employees to leave work early on certain days instead of taking a lunch break or posting holidays for different religions on the company calendar can go a long way toward making individuals of diverse religions feel respected and valued as well as enabling them to practice their faith[8]. According to research conducted by the Tanenbaum Center for Interreligious Understanding in New York, while only about 23 percent of employees who feel they are victims of religious discrimination file complaints, about 45 percent of these employees start looking for other jobs[9].
3.1.1.4. Capabilities/Disabilities
The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination against persons with disabilities and requires that employers make reasonable accommodations to enable these people to effectively perform their jobs. On the surface, few would argue with the intent of this legislation. However, as managers attempt to implement policies and procedures to comply with the ADA, they face several interpretation and fairness challenges.
On one hand, some people with real disabilities warranting workplace accommodations are hesitant to reveal their disabilities to their employers and claim the accommodations they deserve[10]. On the other hand, some employees abuse the ADA by seeking unnecessary accommodations for disabilities that may or may not exist[11]. Thus, it is perhaps not surprising that the passage of the ADA does not appear to have increased employment rates significantly for those with disabilities[12]. A key challenge for managers is to promote an environment in which employees needing accommodations feel comfortable disclosing their need and, at the same time, to ensure that the accommodations not only enable those with disabilities to effectively perform their jobs but also are perceived to be fair by those not disabled[13].
3.1.1.5. AIDS issues
AIDS awareness training can help people overcome their fears and also give managers a tool to prevent illegal discrimination against HIV-infected employees. Such training focuses on educating employees about HIV and AIDS, dispelling myths, communicating relevant organizational policies, and emphasizing the rights of HIV-positive employees to privacy and an environment that allows them to be productive.[14] The need for AIDS awareness training is underscored by some of the problems HIV-positive employees experience once others in their workplace become aware of their condition[15]. Moreover, organizations are required to make reasonable accommodations to enable people with AIDS to effectively perform their jobs. Thus, managers have an obligation to educate employees about HIV and AIDS, dispel myths and the stigma of AIDS, and ensure that HIV-related discrimination is not occurring in the workplace. For example, Home Depot has provided HIV training and education to its store managers; such training was sorely needed given that over half of the managers indicated it was the first time they had the opportunity to talk about AIDS[16]. Moreover, advances in medication and treatment mean that more infected individuals are able to continue working or are able to return to work after their condition improves. Thus, managers need to ensure that these employees are fairly treated by all members of their organizations[17].And managers and organizations that do not treat HIV-positive employees in a fair manner, as well as provide reasonable accommodations (such as allowing time off for doctor visits or to take medicine), risk costly lawsuits.
3.1.2.Implementing fighting measures and audit
3.1.2.1. Fighting Sexual harassment
Sexual harassment seriously damages both the people who are harassed and the reputation of the organization in which it occurs. It also can cost organizations large amounts of money. In 1995, for example, Chevron Corporation agreed to pay $2.2 million to settle a sexual harassment lawsuit filed by four women who worked at the Chevron Information Technology Company in San Ramon, California. One woman involved in the suit said she had received violent pornographic material through the company mail. Another, an electrical engineer, said she had been asked to bring pornographic videos to Chevron workers at an Alaska drill site[18].
Two forms of sexual harassment are quid pro quo sexual harassment and hostile work environment sexual harassment. Steps that managers can take to eradicate sexual harassment include development and communication of a sexual harassment policy endorsed by top management, use of fair complaint procedures, prompt corrective action when harassment occurs, and sexual harassment training and education.
In a survey conducted by the Society for Human Resource Management of 460 companies, 36 percent of the companies indicated that, within the last 24 months, one or more employees claimed that they had been sexually harassed[19]. Sexual harassment victims can be women or men, and their harassers do not necessarily have to be of the opposite sex[20].
However, women are the most frequent victims of sexual harassment, particularly those in male-dominated occupations or those who occupy positions stereotypically associated with certain gender relationships, such as a female secretary reporting to a male boss. Though it occurs less frequently, men can also be victims of sexual harassment. For instance, several male employees at Jenny Craig filed a lawsuit claiming they were subject to lewd and inappropriate comments from female coworkers and managers[21]. Sexual harassment is not only unethical; it is also illegal. Managers have an ethical obligation to ensure that they, their coworkers, and their subordinates never engage in sexual harassment, even unintentionally.
[1]) “New Catalyst Study Reveals Financial Performance Is Higher for Companies with More Women at the Top,” Catalyst news release, January 26, 2004.
[2]) P. Sellers, “Women on Boards (NOT!),” Fortune, October 15, 2007, 105.
[3]) “Usual Weekly Earnings of Wage and Salary Workers Fourth Quarter 2011,” January
24, 2012, Bureau of Labor Statistics U.S. Department of Labor (BLS), http:// www.bls.gov/news.release/pdf/wkyeng. pdf, April 5, 2012.; “Usual Weekly Earnings of Wage and Salary Workers Fourth Quarter 2013,” Bureau of Labor Statistics U.S. Department of Labor, January 22, 2014, http://www.bls.gov/news.release/ pdf/wkyemg.pdf, April 1, 2014.
[4]) National Association of Realtors, “Real Estate Industry Adapting to Increasing Cultural Diversity,” PR Newswire, May 16, 2001.
[5]) “Toyota Apologizes to African Americans over Controversial Ad,” Kyodo News Service, Japan, May 23, 2001.
[6] ) J.H. Coplan, “Putting a Little Faith in Diversity,” BusinessWeek Online, December 21, 2000.
[7] ) Coplan, “Putting a Little Faith in Diversity.”
[8] ) Coplan, “Putting a Little Faith in Diversity.”
[9] ) K. Holland, “When Religious Needs Test Company,” The New York Times, February 25, 2007, BU17.
[10] ) J.N. Cleveland, J. Barnes-Farrell, and J.M. Ratz, “Accommodation in the Workplace,” Human Resource Management Review 7 (1997), 77–108; A. Colella, “Coworker Distributive Fairness Judgments of the Workplace Accommodations of Employees with Disabilities,” Academy of Management Review 26 (2001), 100–16.
[11]) Colella, “Coworker Distributive Fairness”; D. Stamps, “Just How Scary Is theADA,” Training 32 (1995), 93–101; M.S. West and R.L. ardy, “Accommodating Claims of Disability: The Potential Impact of Abuses,” Human Resource Management Review 7 (1997), 233–46.
[12]) G. Koretz, “How to Enable the Disabled,” BusinessWeek, November 6, 2000 (BusinessWeek Archives).
[13]) Colella, “Coworker Distributive Fairness.”
[14]) J.M. George, “AIDS Awareness Training,” 6.
[15]) S. Armour, “Firms Juggle Stigma, Needs of More Workers with HIV,” USA Today, September 7, 2000, B1.
[16]) Armour, “Firms Juggle Stigma.”
[17]) Armour, “Firms Juggle Stigma”; S. Vaughn, “Career Challenge; Companies’ Work Not Over in HIV and AIDS Education,” Los Angeles Times, July 8, 2001.
[18]) “Chevron Settles Claims of 4 Women at Unit as Part of Sex Bias Suit,” The Wall Street Journal, January 22, 1995, B12.
[19]) J. Green, “The Silencing of Sexual Harassment,” Bloomberg BusinessWeek, November 21–27, 2011, 27–28.
[20]) U.S. Equal Employment Opportunity Commission, “Facts about Sexual Harassment,” www.eeoc.gov/facts/fssex. html, May 1, 2004.
[21]) B. Carton, “Muscled Out? At Jenny Craig, Men Are Ones Who Claim Sex Discrimination,” The Wall Street Journal, November 29, 1994, 1, A7.
3.1.2.1. Undertake human rights-based audits
Human rights-based audit programs should be part of a company’s governance procedures. Audits establish whether management systems are working as planned; they focus on the causes of problems and the necessary corrective measures. Human rights-based audits by qualified personnel, preferably verified by external human rights experts, should be carried out regularly and made available publicly. Auditing is also a tool for the Board and Executive Committee of a business to ensure that the strategies, policies, procedures, and processes outlined in this Guide have been properly implemented across the company.
.3.1.2.2. Training on company's values Human Rights
In most of occasions, there is a gap between the company's values and commitment to respect human rights and the prevailing cultural values of society in some countries in which it operates. Societal views are frequently based on longstanding religious or cultural traditions and values in relation to race, gender roles and sexuality for example. This can create dilemmas for companies. They have the responsibility to ensure universal respect for human rights wherever they operate and may be held to account if they do not. Yet at the same time they need to maintain positive relationships not only to operate successfully as a business but also to implement their human rights programs.
The first step is to build awareness within the firm to identify and understand the issues and cultural norms of the market. Engagement with local experts to understand the extent to which the company can assert its own values and challenge those norms is essential. It is advisable to view such activity through a medium to long-term lens. For example, the organization can initiate training programs targeting groups in the business. Key employees throughout the organization should receive function-specific training; for example, training about specific risks in their operations and how to handle them, or training on new procedures and tools. Target groups for training could include:
The company can also take steps to train key suppliers and contractors. Stakeholders and external partners can help with training on specific issues such as political, geographical, and cultural risks. Key staff should also participate in external training where independent experts challenge others and give specialist insight into specific human rights issues. Some material may include: E-learning systems, Specific training for business units, Staff induction, Management handbooks and primers, Residential Multi-Business Human Rights Training, etc.
A company should develop quantifiable performance indicators to monitor and measure elements in its operations that have an impact on human rights. Performance indicators should measure both the direct result of the company’s operations and the efficiency of management processes that influence performance – such as training and the allocation of resources. The indicators should be relevant to the company’s sphere of influence, activities, and industry sector, and should drive continuous improvement. They should relate to the organizational goals of the business and be consistent with the risks and opportunities that the company has identified. Measurements should be made regularly and be communicated to employees and other interested parties. Since a company’s sphere of influence may change over time, performance
3. Conclusion
The rapid development of ‘business and human rights’ as an area of concern and interest over the last decade seems likely to continue. As it does, an increasing number of businesses around the world will identify practical ways to integrate human rights into their business practices. However, there is much work to be done to develop and refine the tools and systems needed for businesses to manage human rights effectively. This note is very much a ‘first attempt’ at exploring the practical integration of human rights into business management, and it is hoped that businesses might be inspired by its advice and examples to develop their own applications of human rights which, in turn, might be shared more widely. Human rights issues and risks typically become more acute deeper in the supply chain. Due diligence is essential, but companies should enter new markets with eyes open and assume they will encounter unexpected human rights issues. It is essential to be prepared by ensuring access to advisors with in-depth socio-political and cultural knowledge of the countries in question. While companies may be managing human rights risk effectively within their own operations and supply chains, it can be difficult to identify latent risks in business partners or merger and acquisition targets. There is no doubt in my mind that business approaches to human rights are maturing rapidly. Only a few years ago, many of my conversations with companies were focused on why they should address human rights at all. People are asking more questions in a genuine effort to understand and progress. Human rights management has become a corporate career path supported by academic courses and professional education. Much has been achieved in a relatively short time and that should be celebrated.
References
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