David Neeleman- Case Study 1

Activity 1: Case Study

This Activity is comprised of three (3) parts. Your Activity responses should be both grammatically and mechanically correct, and formatted in the same fashion as the Activity itself. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your response and document in a bibliography using APA style. (100 points) (A 4-page response is required for the combination of Parts A, B, and C.)

Read “David Neeleman Reinvents Airlines,” on page 26 of your text. After reading this case and conducting additional research (at least two (2) journal articles), discuss the following.

Part A Do you think that David Neeleman best meets the definition of a manager or a leader? List and discuss three (3) reasons for your answer and provide three (3) examples of how David Neeleman does not fit the alternate definition.

Part B What are the key elements of JetBlue’s culture?

Part C What role does the leader play in the development and maintenance of the culture

Identify the main types of discrimination in the workplace and analyze cases where those types of discrimination are present.

  • Illegal Discrimination in the WorkplaceSam is a law student studying employment law. He is currently studying the law concerning various types of discrimination. He realizes that all the cases he reads deal with clarifying the law on certain issues after the events. Sam wonders who is in the best position to be proactive and preemptive in the workplace to avoid many of these problems.Last week, you started to develop your legal thinking skills. Learning the law is a process. You could see from your case analysis that the law can have an impact on an employee handbook and HR issues on the front line with employees. This week, you will learn more about the main types of discrimination so that you can create procedures and policies that ensure a legally compliant workplace.
    TO DO LIST:

    • Discussion: Refer to the discrimination cases and articles from this week to analyze the different attitudes that the judiciary has taken with regard to each case.
    • What You Need To Know: Identify the main types of discrimination in the workplace and analyze cases where those types of discrimination are present.
    • Prepare: Begin reading your article on the topic you chose for your first assignment, HR Challenge: Contemporary Issue.
    • Prepare: Preview the interactive media, CapraTek: Capshaw v. CapraTek, to begin preparing for your oral argument project.
  • Discussion Overview
    Refer to the discrimination cases and articles from this week to analyze the different attitudes that the judiciary has taken with regard to each case.
  • What You Need to Know
    Legal Background
    Read the course file, Legal Background: Types of Discrimination [PDF], for a basic understanding of the topic for this week. This background information is intended to support your learning like a section of a textbook.
    Cases
    It is recommended that you identify the main argument and decision of all of these cases by reading the abstract for each case. Then select one case to analyze using the IRAC method.

    • Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999).
      • Focus area: Limiting the Americans with Disabilities Act. You will refer to this case for your discussion.
    • U. S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002).
      • Focus area: Reasonable accommodation.
    • Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986).
      • Focus area: Extending Title VII to sexual harassment. You will refer to this case for your discussion.
    • Crawford v. Nashville and Davidson County, 555 U.S. 271 (2009).
      • Focus area: Title VII and witness retaliation.
    • Discrimination
    • U.S. Equal Employment Opportunity Commission. (n.d.). Discrimination by type. Retrieved from https://www.eeoc.gov/laws/types/index.cfm
      • This web page lists the types of discrimination that are identified by U.S. law.
    • Hawkins, D. (2016, February 8). Racial discrimination – Title VII. Wisconsin Law Journal.
      • This is a brief abstract that describes a decision about how racial discrimination is linked to Title VII. You will refer to this article for your discussion.
    • Peña, K. M. (2018). LGBT discrimination in the workplace: What will the future hold? Florida Bar Journal, 92(1), 35–39.
      • This article addresses the fact that sexual orientation is not a protected status in the United States at this time and what might happen in the future. You will refer to this article for your discussion.
  • Write Your Discussion Post
    Illegal Discrimination
    For this discussion, refer to the following:

    • Meritor Savings Bank, FSB v. Vinson, 1986.
    • Sutton v. United Air Lines, Inc., 1999.
    • Hawkins, D. (2016, February 8). Racial discrimination – Title VII. Wisconsin Law Journal.
    • Peña, K. M. (2018). LGBT discrimination in the workplace: What will the future hold? Florida Bar Journal, 92(1), 35–39.
    • Analyze the different attitudes that the judiciary has taken with regard to each case/situation.
      In each case:
    • Why did the courts take the position that they did?
    • Are there any larger controls at work, guiding these decisions?
    • In what ways might an HRM professional help eliminate illegal discrimination in the workplace?

Human Resource

  • ssignment: Working with your team, create a 1–2-page outline defining how you will present your oral argument.
  • What You Need To Know: Re-read some cases and familiarize yourself with the key concepts surrounding sexual harassment complaints.
  • Interactive Learning Module: CONTENT
  • Review: Review and study the sexual harassment case CapraTek: Capshaw v. CapraTek
  • Plan: It is recommended that you rehearse your argument with your team and be ready to answer questions about your position in the debriefing.
  • Discussion Overview
    This week’s discussion is ungraded and optional. Post any questions or concerns that you have related to the HR Challenge: Oral Argument due next week.
  • What You Need to Know
    This week explores the tasks of constructing and presenting an oral argument. Frequently, human resource professionals must present case facts and fact patterns to executive managers and counselors concerning internal investigations, hiring practices, or workplace issues. How the HRM professional prepares and presents a case provides a platform for employers and counsel to make informed and succinct decisions concerning its viability. Key topic areas this week include information and research sources, use of legal language, case mapping, building case strategy, partnering with counsel, and methods for oral presentation.
    This week, your instructor will schedule a conference call meeting time with your team to discuss and refine your oral arguments as you finalize your presentation. Use this meeting to ask the instructor any questions regarding your argument. Your instructor will also assign a conference call meeting time for your team to present its oral argument in Week 7.
    Cases
    It is recommended that you study the cases this week after analyzing them via the IRAC method, and some cases will be familiar. You shouldn’t need outside research for the HR Challenge: Oral Argument as long as you study the resources for this week.

    • Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986).
      • Focus area: Extending Title VII to sexual harassment.
    • Crawford v. Nashville and Davidson County, 555 U.S. 271 (2009).
      • Focus area: Title VII and witness retaliation.
    • Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998).
      • Focus area: Hostile work environment (defense).
    • Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
      • Focus area: Hostile work environment (defense).
    • Oral Argument
      These articles are for your reference since you read them last week.
    • Frey, A. L. (n.d.). Preparing and delivering oral argument [PDF].Appellate Defenders, Inc. Available from http://www.adi-sandiego.com/
      • This is a seminal article on preparing for the different parts of an oral argument.
    • National Association of College and University Business Officers. (2010, February 24). Making effective oral presentations. Retrieved from https://www.nacubo.org/Conferences-and-Workshops/Speakers-Corner/Making-Effective-Oral-Presentations
      • This is general information about making oral presentations that should help you prepare your scripts.
    • Sexual Harassment
    • Branigan, K. S., Nowicki, C. L., Buza, L. A., & Allen, J. S. (2019). Conducting effective independent workplace investigations in a post- #MeToo era.Dispute Resolution Journal, 74(1), 85–110.
      • This article is about investigating sexual harassment.
    • No defense for quid pro quo sexual harassment. (2017). HR Specialist: New York Employment Law, 12(12), 1–2.
      • This article defines quid pro quo and how it relates to sexual harassment.
    • Remind managers: They have obligation to report harassment or bias they witness. (2018). HR Specialist: Employment Law, 48(5), 3.
      • This article explains the connection between harassment and discrimination.
    • Zugelder, M. T., Crosgrove, D. M., & Champagne, P. J. (2018). Sexual harassment prevention after #MeToo: Employers’ need to reevaluate.American Journal of Management, 18(3), 104–112.
      • This article illustrates two types of sexual harassment, quid pro quo and hostile work environment, plus the employer defenses.
  • Review: CapraTek: Capshaw v. CapraTek
    Click CapraTek: Capshaw v. CapraTek to review a sexual harassment case that you will analyze for your assignments in Weeks 6 and 7.

Write An Autoethnographic

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L E C T U R E S L I D E S A R E N O T N O T E S

Lecture slides are designed to be visual aids for the live presentation. Reading them cannot substitute for attending the lecture or listening to recordings. Sometimes concepts and ideas presented are then critiqued

and challenged during lectures.

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P R O J E C T : F U T U R E

Dr Helena Liu

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Week 5 — Organisational Violence

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HOW ARE YOU? Four weeks into the session, now is a good time to reflect on how you are feeling in the subject. If you are concerned about your progress,

please come and speak to me or your tutor after class.

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SEEK HELP UTS COUNSELLING SERVICE

Building 1 (the Tower) Level 6

15 Broadway, Ultimo, NSW 2007

student.services@uts.edu.au

Tel: +61 2 9514 1177

http://www.uts.edu.au/current-students/support/health-and-

wellbeing/counselling-service-and-self-help/contact-us

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Last week in this subject, we explored the

interrelatedness between society, culture

and identity. This provided the first step

towards a sociological understanding of

human resource management on which

the subject is built.

REVIEW

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REVIEW A SOCIOLOGICAL PERSPECTIVE This subject will ask you to see the general in the particular and the

strange in the familiar (Berger, 1963).

ORGANISATIONAL CULTURES Complex, inaccessible, fuzzy, holistic sets of processes that change over

time.

INTERLOCKING SYSTEMS OF POWER Most societies in the ‘West’ are underpinned by four systems of power:

imperialism; white supremacy; capitalism and patriarchy (hooks, 2003,

2009).

IDENTITY Our senses of self are constructed through ongoing processes of

identity work, shaped by sociocultural contexts.

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MULTIPLE CHOICE QUIZ REVIEW

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ORGANISATIONAL VIOLENCE Art includes ‘End of Days’ by Cleon Peterson (2014) and ‘Judith Beheading Holofernes’ by Artemisia

Gentileschi (c. 1620)

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AGENDA Organisational violence

• What do we mean by ‘violence’?

• How does violence manifest in organisations?

• What are the aspects and forms of workplace

bullying?

• How is human resource management implicated

in violence?

• What are microaggressions?

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TRIGGER WARNING This lecture deals with issues of interpersonal and systemic violence, including bullying, assault and harm towards marginalised groups.

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V I O L E N C E S E C T I O N

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Violence is not just limited to acts of

physical harm, but harm against both body

and psyche, including assaults on others’

dignity, identity and representation (Hearn,

2003; Linstead, 1997; Westwood, 2003).

VIOLENCE

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VIOLENCE A Lasting Impression Violence occurs between and through flesh, and often

manifests through bodily emotions such as shame, guilt,

anxiety and anger and bodily signals such as blushing and

trembling (Bourdieu, 2004). Violence also tends to leave a

persistent mark (Westwood, 2003) and can sometimes see the

victim perpetuate those violent behaviours (Linstead, 1997).

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EVERYDAY AND ORDINARY Violence in organisations can be subtle and insidious as well as dramatic. The severity of violence is not the point. The point is that violence is often

mundane and taken-for-granted in organisations.

(Liu and Pechenkina, 2019; Westwood, 2003)

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Violence can even be sentimentalised

through schemes of domination, when

victims of violence accept the harm done to

them and even unwittingly or unwillingly

become complicit (Bourdieu, 2004).

SENTIMENTAL

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SYSTEMIC When violence is supported by formal organisational

structures, the responsibility for the abuse is placed on the

victim, where the violence is constructed as a necessary and

inevitable part of organisational life (see Harrington, Warren

and Rayner, 2013).

In effect, victims are denied the right to define and therefore

resist the violence (Linstead, 1997).

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W O R K P L A C E B U L LY I N G

S E C T I O N

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BULLYING Incivility refers to low intensity behaviours such as sending demeaning

emails, making unfounded accusations, and ignoring a colleague’s

request, typically with ambiguous intent.

Bullying, more specifically, is “a form of interpersonal aggression intended

to harm another person” (Vickers, 2007, p. 228).

When bullying and incivility become systemic, organisations develop a

‘toxic’ environment, which may be characterised by:

• Frequent invasions of privacy

• A high degree of secrecy

• More demands and less support

• Threats and abusive language

• Lack of consideration of employees’ dignity

(Johnson and Indvik, 1996; Powell, 1998)

In Vickers’ (2007) case, the bullying of her manager contributed to a toxic environment, which in turn allowed the violence to be tolerated, trivialised and dismissed, even becoming accepted and acceptable over time.

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WHY BULLY? For bullies, dominating the target is an accomplishment, a way of demonstrating power to themselves and others (Vickers, 2007).

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SEXUAL HARASSMENT When violence is inflected through patriarchy, sexual

harassment and assault can often manifest in the

workplace. Sexual harassment defined as “any

unwanted or unwelcome sexual behaviour, which

makes a person feel offended, humiliated or

intimidated” (see Sex Discrimination Act 1984), but

can be ambiguous in practice. Generally involves two

sets of behaviours:

1. Quid pro quo

2. Hostile environment

In the latter, perpetrators often taken advantage of a

culture of fear to silence targets and witnesses of their

abusive behaviour.

While vulnerable women are most frequently the

targets of sexual violence, other groups can also find

themselves as targets (Mclaughlin, Uggen and

Blackstone, 2012).

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TARGETS For the targets, bullying is a traumatic event (Hutchinson et al.,

2005). For Vickers (2007), she experienced both physical and

psychological effects to her bullying.

It can also prompt a shift in identity, for example, from

someone who may consider themselves trusting, confident

and friendly to being secretive, fearful and cautious.

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WITNESSES Being a witness to workplace bullying and violence

can also be distressing and traumatic. Salin and

Notelaers’ (2018) study suggests that bystanders are

prompted to re-evaluate their relationship with the

organisation itself. Specifically, their attitudes to work

change around job satisfaction, organisational

commitment, and turnover intentions. Bullying is

thus not merely an interpersonal phenomenon.

In the case of homophobic exchanges in particular,

Willis (2012) found that young LGBTQ+ bystanders

experienced pain and stress in the workplace. Willis

(2012) reminds us that victims and witnesses cannot

be homogenised as ‘passive victims’.

Bullying, however, can be very subtle. Subtle forms of

bullying can be more readily rationalised and

internalised, especially when the perpetrator is

powerful (Al-Karim, 2013).

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BULLYING AND HRM RESPONSIBILITY

The majority of reports claim managers as the bully.

Organisational policies usually put bullying in the remit of

HRM who play “a critical role in identifying, preventing and

resolving bullying in organisations”, they their responses are

often seen as inconsistent with policy, including “inaction,

denial, target-blaming or management complicity”

(Harrington, Warren and Rayner, 2015, p. 370).

RESPONSES BY HR

Manager-to-employee bullying claims constructed within a

performance management discourse. Interpretive

mechanisms allowed HR staff to rationalise violent

managerial behaviours. Potential bullying is repackaged as

‘inappropriate management’ so that HR staff can construct

their own identities as valued experts and business partners

(Harrington, Warren and Rayner, 2015).

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M I C R O A G G R E S S I O N S S E C T I O N

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Microaggressions are everyday verbal,

nonverbal and environmental slights, snubs,

or insults, whether intentional or

unintentional, which communicate hostile,

derogatory or negative messages to the

target based on their marginalised group

membership (Pierce, 1974).

MICRO- AGGRESSIONS

For Week 5, the pre-tutorial activity requires you to write about microaggressions. To help you better understand this theory and provide some concrete examples of microaggressions, you can read these two articles by Dr Derald Wing Sue: https://www.psychologytoday.com/au/blog/microaggressions-in- everyday-life/201010/racial-microaggressions-in-everyday-life and https://www.psychologytoday.com/au/blog/microaggressions-in- everyday-life/201011/microaggressions-more-just-race.

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MICROAGGRESSIONS THEORY ORIGINATED IN RACISM

Psychologist Chester Pierce (1974) defined

microaggressions specifically in the context of racism.

Verbal examples include racial slurs and epithets, as well as

more covert discourses such as linguistic mockery and

appropriation (Hill, 2009). Nonverbal signals include when

people exhibit nervousness around Black people (Feagin,

2013).

Psychologists now accept that other marginalised groups

(e.g., people identifying as LGBTQ+) can also experience

microaggressions.

Microaggressions take a physical and psychological toll on

their targets (Deitch et al., 2003).

REPRESENTATIONS

Verbal descriptions as well as visual imagery of marginalised

people can be microaggressive (Liu and Pechenkina, 2016;

Pérez Huber and Solórzano, 2015).

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WEEK 6 Diversities and their Backlash

Navigating our differences in organisations

and society

Read the required readings, attend the

lecture and tutorial.

NEXT WEEK

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REFERENCES VIOLENCE

Bourdieu, P. (2004), ‘Gender and symbolic violence’, in N. Scheper-Hughes and P. I. Bourgois (eds), Violence In War and Peace: An Anthology, Malden: Blackwell, pp. 339–342.

Hearn, J. (1994), ‘The organization(s) of violence: Men, gender relations, organizations and violences’, Human Relations, 47(6), pp. 731–754.

Hearn, J. (2003), ‘Organization violations in practice: A case study in a university setting’, Culture and Organization, 9(4), pp. 253–273.

Johnson, P.R. and Indvik, J. (1996), ‘Stress and violence in the workplace’, Employee Counselling Today, 8(1), pp. 19– 24.

Linstead, S. (1997), ‘Abjection and organization: Men, violence, and management’, Human Relations, 50(9), pp. 1115– 1145.

Liu, H. and Pechenkina, E. (2019), ‘Innovation-by-numbers: An autoethnography of innovation as violence’, Culture & Organization, 25(3), pp. 178–188.

Powell, G.N. (1998), ‘The abusive organisation’, Academy of Management Executive, 12(2), pp. 95–96.

Westwood, R. (2003), ‘Economies of violence: An autobiographical account’, Culture and Organization, 9(4), pp. 275–293.

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REFERENCES WORKPLACE BULLYING AND SEXUAL HARASSMENT

Al-Karim, S. (2013), ‘“Is this bullying?” Understanding target and witness reactions’, Journal of Managerial Psychology, 28(3), pp. 290–305.

* Harrington, S., Warren, S. and Rayner, C. (2013), ‘Human Resource Management practitioners’ responses to workplace bullying: Cycles of symbolic violence’, Organization, 22(3), pp. 368–389.

Hunt, C.M., Davidson, M.J., Fielden, S.L. and Hoel, H. (2010), ‘Reviewing sexual harassment in the workplace – an intervention model’, Personnel Review, 39(5), pp. 655–673.

Hutchinson, M., Vickers, M.H., Jackson, D. and Wilkes, L. (2005), ‘“I’m gonna do what I wanna do!”: Organisational change as a vehicle for bullies’, Health Care Management Review, 30(4), pp. 331–338.

Mclaughlin, H., Uggen, C. and Blackstone, A. (2012), ‘Sexual harassment, workplace authority, and the paradox of power’, American Sociological Review, 77(4), pp. 625–647.

Salin, D. and Notelaers. G. (2018), ‘The effects of workplace bullying on witnesses: Violation of the psychological contract as an explanatory mechanism?’, The International Journal of Human Resource Management, pp. 1–21.

* Vickers, M.H. (2007), ‘Autoethnography as sensemaking: A story of bullying’, Culture and Organization, 13(3), pp. 223–237.

* = the required readings of the topic

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REFERENCES MICROAGGRESSION AND RACISM

Deitch, E.A., Barsky, A., Butz, R.M., Chan, S., Brief, A.P. and Bradley, J.C. (2003), ‘Subtle yet significant: The existence and impact of everyday racial discrimination in the workplace’, Human Relations, 56(11), pp. 1299–1324.

Hill, J.H. (2009), The Everyday Language of White Racism, Chichester: John Wiley & Sons.

Liu, H. and Pechenkina, E. (2016), ‘Staying quiet or rocking the boat? An autoethnography of organisational visual white supremacy’, Equality, Diversity and Inclusion: An International Journal, 35(3), pp. 186–204.

Pérez Huber, L. and Solórzano, D.G. (2015), ‘Visualizing everyday racism: Critical race theory, visual microaggressions, and the historical image of Mexican banditry’, Qualitative Inquiry, 21(3), pp. 223–238.

Pierce, C. (1974), ‘Psychiatric problems of the black minority’, in S. Arieti (ed), American Handbook of Psychiatry, New York: Basic Books, pp. 512–523.

Willis, P. (2012), ‘Witnesses on the periphery: Young lesbian, gay, bisexual and queer employees witnessing homophobic exchanges in Australian workplaces’, Human Relations, 65(12), pp. 1589–1610.

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You are not permitted to re-use those for commercial purposes

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Improper or illegal use of teaching materials may lead to

prosecution for copyright infringement.

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guidelines/copyright-and-uts/copyright-students-and-

researchers

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