Gender Discrimination Problem in US Orchestra Company - Research Paper Example

Gender Discrimination Problem in US Orchestra Company – Philadelphia Orchestra Case Abstract Gender discrimination in the corporate sector has often been a controversial issue especially in legal cases. In recent years several measures have been taken to deal with this problem but despite some changes the core situation often remains the same. The study undertakes a primary survey to obtain people’s views on the issue. Recommendations to deal with the problem incorporate the framing of a feasible model to deal with gender discrimination within the organization. This might include understanding of the women’s schedules and common problems like maternity issues. Any case on sexual harassment needs immediate action to be taken by the authority. They should be encouraged to undertake positions of leadership in order to instill equality of opportunity. The previous paper has already raised the instance of gender bias in United States especially in the orchestra companies or the music industry. Several instances of discrimination take place especially with respect to promotion, hiring or even granting of leaves. Since compliance with local laws is a major requirement of corporate social responsibility some times corporate social responsibility (CSR) norms might be in a dilemma when local laws permit some form of discrimination. This is mainly the case with corporate houses having offices around the world. CSR norms look forward to avoid or overrule any kind or expression of discrimination based on race, ethnicity, gender, etc (Idowu, & Filho, 2009, p. 39). Women working in the male domain are often assumed to be overly ambitious. Problems might arise when the woman begins asking for maternity leaves. The Philadelphia case mentioned in the previous paper highlights one of the major outcomes of such gender bias – sexual harassment. The lawsuit in case of the Philadelphia Orchestra Company suggests that the issue of gender bias and rather sexual harassment has not been given adequate importance by the company. Instead of making an attempt to deal with the case the victim, Kathleen was compelled to resign the orchestra with a certain sum of money as compensation. The company was more worried about the unity about workforce rather than business ethical conduct. Equal work situation is a basic issue to be taken care of by a corporate house in order to maintain business ethics. After conducting a primary survey and some background research on the issue it is now time to analyze the problem and put forward some solutions to this problem. Methodology The purpose of the paper is to provide some probable solutions towards promotion of gender equity in the companies especially in the Orchestra Company in our study. The method undertaken for the current research comprises of both primary and secondary sources and essentially qualitative analysis apart from some help of statistics from different literatures. Secondary sources save both time and money while they also help us possess an idea to approach the primary research and obtain our results or provide recommendations in this case. The interviewees from our previous studies have been approached with further questions regarding their views with respect to some probable solution in the context of the currently discussed issue and also questions about the current conditions persistent in the music industry. Only a couple of open-ended questions were enough to obtain the opinions and an idea about the solutions to be undertaken. The main idea was to let them speak and express their suggestions. Not all the participants gave the answers sought for but the few responses received from the interview helped a lot in deriving the conclusions for this research. Their views have been crosschecked with the model for gender equity undertaken in Mexico. Problem analysis A recent study undertaken by Ruegger and King (2004) suggests that gender is important determinant of ethical behavior or disposition. The study has also illustrated through a primary survey that ethical behavior on the part of females are better compared to that of men and that age is another main determinant about ethical perceptions (the students belonging to an age group above 40 years were more ethical than the age group of 31-40 years and the group belonging to below 21 years were at the bottom of the order). Decision-making in the business scenario reveals the individual perceptions, which differ from one company to another, are guided by different motives. (Ferrell, Fraedrich, & Ferrell, 2009). The case, which reveals the issue of sexual harassment, turned into that of pure discrimination when the company did not take steps to behave impartially towards the victim. The case under study raises further need to analyze the discrimination practiced in the music industry. Certain studies reveal the dominance of men in the music industry as far as the culture is concerned. Researchers have found that there is a crisis of women musicians in the senior positions within the field of music journalism. At the end of the year 1999, the number of women editors at Rolling Stone was approximately 15 percent. On the other hand, Spin and Raygun had 20 percent women in senior positions (Leonard, 2007). Such discrimination has brought out a kind of “masculinist style of writing” (Leonard, 2007, p. 67). Researchers like Aldridge have emphasized that gender equality at times need to be compromised in order to yield to the pressures from profit making purpose and demand side. The tone of music script is macho is nature and hence female journalists of the music industry are compelled to adopt this kind of style such that the writing is acceptable to male contemporaries. Thus it is not only the orchestra but also even the music journalism sector, which suffers from gender bias (Leonard, 2007). The participants of the primary survey in our previous research, especially the women, have expressed instances of exposition to gender bias. Despite the case of Kathleen conditions are still not favorable for women to work in the company or even in the orchestra companies of the music industry in US. Despite all efforts undertaken, according to Gregory (2003, p. 2), “At this rate, another fifty years will elapse before women achieve pay equality. The youngest women now working cannot reasonably expect to achieve income parity in their lifetimes.” It is quite encouraging to see that total workforce of US comprises 46.5% women (in the year 2000) but a deeper observation shows that attitude of the companies in accepting women at higher raking has not changed much. Among the Fortune 500 companies percentage of women as board of director is only 11.7% and total number of female employees in those companies in comparison with total employee power is only 12.5%. Among these top 500 companies of US, ninety of them do not have a single female corporate officer (according to data obtained for the year 2000) and statisticians have predicted that by 2020 though more number of women will be appointed, compared to male, total 75% of the managerial positions will be under control of men. (Gregory, 2003) The statistics reveal that corporate houses are far from implementing and actually ensuring gender equity within the workplace. The case of the orchestra company concerned one of unequal treatment of Kathleen in terms of justice even after the sexual harassment case was filed. The company was more concerned with preserving the environment of unity at the workplace instead of taking the brunt of harassment issues on behalf of its employee. When the overall environment is patriarchal in nature especially in the music industry, as found in our previous research paper, an unbiased assessment and evaluation of the situation can hardly be undertaken. Corporate houses have often been accused of unequal payment. In light of gender based discrimination in the workplace of United States one might mention the Equal Pay Act (EPA) passed on 1963. According to this act both men and women should be entitled to the same pay according to the intrinsic worth of a job. Normally when complaint is projected with respect to payment equity, it is the light of the comparable worth. According to this principle the worth of the efforts put by an employee needs to be evaluated with the help of market mechanisms. The intrinsic worth of the job should be taken into account instead of comparable worth basis. Market forces cannot ideally determine the true value of people’s labor since the labor market is troubled with issues like gender discrimination, which the market mechanism cannot rectify (Bowie, 2002). However studies have proven that when the discrimination is methodical in nature with respect to payment for a job, the same attitude is likely to be evident amongst the job evaluators as well (Bowie, 2002, p. 237). Yet comparable worth of a job or an employee might act as a protective measure against discrimination with respect to payment provided the victimized group is ready to appeal in this context for their right to equal pay. It is important to engage equal number of women in the group of evaluators in order to ensure a non-discriminatory evaluation. This might address the problem of unequal pay and a just response to an appeal for equal pay. Laws like these work in favor of the employee and safeguard her position in the company and any company, which values its brand name, would therefore adhere to all such laws. A case of gender stereotyping, another form of gender bias occurred at Price Waterhouse when Ms Hopkins was forced to wear make-up, dress and walk more like a woman and stop smoking and taking beer during lunch time. When a social psychologist investigated the case she found that most of the opinions of partners were biased or critical which strictly revealed a tendency towards stereotyping based on gender. Hopkins was put on hold and later declared that she could not be one of the partners. Ms Hopkins challenged the business decision based on Equal Employment Opportunity (EEO). Therefore her complaint filed at the EEOC (Equal Employment Opportunity Commission) did not work in her favor owing to non-violation of article VII of the Civil Rights Act of 1964. This law for Equal Employment Guarantee has become a popular way to enforce humanitarian practices in different states (Business & Legal Reports, Inc, n.d., p. 129). The issues which went against Ms Hopkins’ favor were that she a) was not terminated but resigned of her own will, and b) the article does not pertain to decisions regarding partnerships in the firms. She therefore filed a lawsuit after which the Supreme Court put forward gender stereotyping as an expression of discrimination. She was granted the honor of partnership and earned her compensation along with interest. The company was compelled to accept her as a partner in 1991 (Jennings, 2008, p. 167). A similar measure is prominent in the current case where the employee had to undertake legal measure instead of being able to seek justice from the company. This leaves a genuine taint on the reputation of the company when the law punishes it. Therefore a company should take adequate action to investigate any case like the one studied in the last paper such that the employee does not need to seek help of the law. The orchestra company should have protected the right of the woman after proper investigation into the sexual harassment case and taken action against Mark Gigliotti instead of making the situation tougher for the victim to continue work. In modern times owing to the growing concern about business ethics and CSR and its compliance with local laws (laws in US stand against gender discrimination of any form), the companies often take gender discrimination cases seriously (Shetreet, 1998, p. 282). However, if a company is careful, issues can be resolved within the house itself instead of the employee having to visit a court of law. Probable Solutions Though steps have been taken at the international level to address the problem of gender discrimination and equity of sex, not enough has been done regarding equal opportunities provided to women in the private sector. Despite existing regulation, bias does exist in different organizations behind the veil. One measure taken in this regard is worth mentioning. The gender Equity Model (GEM) that is framed and tested in Mexico has proven to be an important tool to ensure gender equity at the workplace (Castro, October 2007). This model entails the formulation of several parameters to monitor the extent of gender equality within the corporate houses. These are based upon certain criteria, which indicate the existence of equal opportunity based on gender. Such a model might be applied to monitor the organizations by a common agency and periodical reports based on such surveys might be published on the basis of their evaluation. This will help generate accountability amongst the firms to take care of this issue. The World Bank and National Institute financed the design and testing for Women implemented during the span 2001 to 2005. In order to obtain a clear idea about the probable steps of solution undertaken in this context, the views of the interviewees from the previous research might be assimilated. While the male participants did not reveal much concern about the conditions of the company, the female participants still feel that work needs to be done in order to ensure equality of gender in the company. Based on their perspectives some important measures might be suggested. The first step is to institutionalize a model, which will ensure gender equality in the firms. The company under the current case and other similar companies where employees might face the fear of discrimination need to assess the conditions within the workplace. The best way to do this is through obtaining feedback from employees who might drop their anonymous opinions in a box kept at one corner of the office. These opinions should be reviewed and crosschecked by the human resource department, which needs to have equal participation of women in the team. Women should also occupy senior management positions in the workplace in order to promote an ethical and equitable condition. The best part about promoting women in senior positions is that female musicians or in other cases, workers might be comfortable and feel less insecure about their position in terms of gender. Training programs and other meetings should be undertaken at times convenient for the women workforce. For instance a woman who has recent attained motherhood might not be in a position to stay back for late hours at the workplace and hence meeting schedules need to be fixed according to her convenience. A general education regarding gender equity promotion should be imparted to all the employees while women needs encouragement to rise to higher positions. Cases of sexual harassments and oppression faced by a female member when reported should be subject to immediate action by the authority. An elaborate investigation should be undertaken and serious steps taken against the employee accused if his guilt is proved. This will set an example of ethics before others. The company needs to undertake appropriate measures to deal with the issue of gender bias. Many times women are not courageous enough to report cases of sexual harassment to the management. It is the responsibility of the human resource department to assure them of their safety and encourage them to come up with the truth behind the veil of gender equity promotion activities. The procedure of recruitment should be reviewed regularly in order to assure absence of gender bias. It is always a good measure to appoint a neutral external agency to look into these ethical issues apart from the internal human resource management of the firm. This might ensure a neutral judgement in cases of ethical conflicts within the workplace with respect to gender bias. Conclusion From the above problem analysis and recommendations (see Appendix for a brief) of potential solutions it is clear that the most important aspect is awareness of the companies and their management regarding this problem especially with respect to the music industry. Mere absorption of women in senior positions would not help unless it is ensured that these women would also act neutrally and not be influenced by patriarchal vision in order to save their jobs. Certain degree of independence needs to be given to these women regarding decision making especially about issues involving the gender discrimination among employees. When the workforce is secure about their social position within the company, it is likely that their efficiency or productivity will also improve. The Philadelphia Orchestra Company therefore needs to undertake appropriate ethical measures in order to compensate for the loss in reputation incurred owing to the absence of gender equity in decision-making. Appendix References Bowie, N. (2002). The Blackwell guide to business ethics. Massachusetts: Blackwell Publishers Business & Legal Reports, Inc (n.d.). Sexual Harassment Essentials of Prevention and Response, Business & Legal Reports, Inc. * Castro, M. E. (October 2007). GENDER EQUITY PROMOTION IN THE PRIVATE SECTOR IN MEXICO: THE DEVELOPMENT OF A SUCCESSFUL MODEL, International Finance Corporation. Available at: http://siteresources.worldbank.org/INTLACREGTOPPOVANA/Resources/MEXICO_Smart_Lessons.pdf (accessed on August 6, 2010) Ferrell O.C., Fraedrich J. & Ferrell L. (2009). Business Ethics- Ethical Decision- making and cases. Mason: South-west Cengage Learning * Gregory, R.F. 2003, Women and Workplace Discrimination, Rutgers University Press. Jennings, M. M. (2008). Business Ethics- Case studies and Selected readings. Mason: South-west Cengage Learning. * Leonard, M. (2007). Gender in the music industry, London: Ashgate Publishing. * Ruegger, E. & E.W. King (March 1992). A study of the effect of age and gender upon student business ethics, Journal of Business Ethics, 11(3), 179-186 * Shetreet, S. (1998) Women in Law. Kluwer Law International. * Idowu, S.O. & W.L.Filho (2009). 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