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99 Cards in this Set
- Front
- Back
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HR functions/activities
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work to support the organization's business strategy and goals
both HR and management deal with these activities, with management being in contact with the employees |
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common HR functions
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analyzing and designing jobs, workforce planning, recruiting, developing and selecting employees, managing performance, pay and benefits, managing relations, ensuring compliance with labor laws
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employee rights
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free consent, privacy, freedom of speech, due process
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HR's formal role in an organization
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shift away administrative role to a strategic role
greater accountability, measurement, and metrics greater skill set |
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HR as a career field
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many enter after working in another area; growing emphasis on certification
careers: generalist, specialist, rotational programs society for HR management (SHRM) |
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requirements in HR certificatin
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pass a series of exams, 2 yrs. experience, 51% of daily work on the job must deal with HR
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cost focused perspective
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work force is a necessary expense
- goal: to minimize labor costs, - management has the answers, employees execute - workers are easily replacable |
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asset focused perspective
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workforce is an important resource
- goal: to invest in an organization's human capital - employees have the answers, management facilitates - seek talent and keep workers happy since they are the key to succes |
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transactional model of emloyement
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"free agent" employees
- short to medium term employment - labor cost flexibility - hire experience instead of training employees - external labor mkt. is important |
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commitment model of employment
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"organizational man"
- long term employment - job security - invest in employee training - internal promotion emphasized |
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human capital
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employees are described in terms of training, experience, intelligence, judgment, insight, quality instead of quantity
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benefits of a good workforce
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can create a sustainable competitive advantage b/c a good workforce is:
- valuable - rare - hard to imitate - hard to find good substitutes - can be created through good HR practices |
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broad workplace trends
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composition of workforce, organization of work, global competitive environment
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"who" trends for the future
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diversity across the workforce
young people entering the workforce -- qualification and intelligence issues increasing amount of "free agent" workers |
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"what and how" trends of the future
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shirt towards knowledge and service
mgmt. of virtual and flexible workforce |
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generic business strategies
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differentiation/innovation
- competes by offering unique products and services - product variety, emphasis on certain features - stay ahead of imitators - charge premium prices |
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low-cost business strategies
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- competes on low costs
- basic low-frills product - economical prices, good value |
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"high performance work system"
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enhances employee's competencies and productivity
- ex: validated selection, formal performance appraisal, incentive systems, above mkt. pay, internal promotion, etc. |
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Huselid study
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significantly reduced turnover, increased productivity, increased profits
- positive correlation -- strongest in the manufacturing industry |
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employment at will (pro-employer)
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legal doctrine that says in absence of specific employment contract; says that otherwise employee or employer may end relationship for any legal reason
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due process
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if there is a contract, there is a process for terminating an employee, must demonstrate "cause"; usually a process for employees to appeal employers' decision to terminate
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anti-discrimination law
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no decisions can be made on the basis of race, religion, sex, age (40+), disability, etc.
state and local laws may include other categories failure to heed anti-discrimination laws can be costly |
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legal system in the US pertaining to HR
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legislative branch: creates anti-discrimination laws (ex. Title VII)
executive branch: enforcement of (EEOC, OFCCP) makes executive orders that prohibit discrimination among fed. contractors judicial branch: interprets laws and makes judgements |
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equal pay act (1993)
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women and men are to be paid equally
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Title VII of civil rights act (1984)
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covers race, religion, color, sex, natl. origin
- does not cover: BFOQ natl. security reasons security system job qualifications based on background, test scores, etc. |
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age discrimination act (1967)
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protects people ages 40 +
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americans with disabilities act (1990)
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prohibits discrimination based on disabilities
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pregnancy discrimination act (1978)
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amendment of title VII; illegal to fire a person based on pregnancy or a pregnancy related condition
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Civil rights act amendment of 1991
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amends title VII, adds compensatory and punitive damages for violated Title VII
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retaliation against employees
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another discrimination act
it is a separate offense for an employer to retaliate against an employee who has... - opposed a practice believed to be unlawful - participated in an employment discrimination proceeding |
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harassment
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employers are liable for discrimination due to:
- specific employment related to unlawful decisions - retaliation - harassment related any of these characteristics employer must take legal responsibility and can avoid strict liability by investigating the allegations and taking steps to deal with it |
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BFOQ
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legalized discrimination in very narrow circumstances
- must show practice necessary for what employer is business does - race can never be a BFOQ |
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executive order 11246 (president Johnson)
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widest applicability
- nondiscriminant hiring - affirmative action for women and minorities (applies to federal contractors) |
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EEOC
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enforces federal anti-discrimination laws; makes EEO policy; approves most discrimination litigation and provides training and outreach
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process of pursuing a complaint with the EEOC
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1. complaint goes to EEOC (within 180 of the incident)
2. EEOC investigates complaint and attempts to mediate 3. if mediation fails, EEOC continues to investigate; they rule either "reasonable cause" or "no cause" (only 5.3% of cases have "reasonable cause") 4. if "reasonable cause" is found, EEOC initiates concilliation; EEOC can file suit, join plaintiff in filing, or allow client to file suit (w/in 90 days) 3. if "no cause" is found, plaintiff can still sue (w/in 90 days) |
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consequences of commiting discrimination
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- money (back, front pay)/ reinstatement
- possible punitive or compensatory damages - publicity (EEOC makes the info. public) - consent decree (regular reporting, mandatory training, monitoring decisions, disciplining manager) - affirmative action |
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mandatory arbitration
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employees must agree to handle disputes through arbitration; employees can't pursue a title VII, however EEOC may take action on its own
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employers and the equal pay act
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this law applies to virtually all employers (no size limit)
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employers and title VII, pregnancy discrimination act, and american disabilities act
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all private employers, state and local govts., education institutions with 15+ employees, plus all employment agencies, labor organizations, and joint labor management committees controlling training and apprenticeship
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employers and the age discrimination act (ADEA)
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all private employers with 20+ employees, state, local govts., school districts, employment agencies and labor organizations
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employment laws and the federal govt.
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federal govt. is covered by EEO laws, but process for filing a complaint is not through the EEOC
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multi-national companies
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- US firms operating in other countries
- non US firms operating in the US |
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multinational companies and employment laws
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- employers that are incorporated or based in the US or are controlled by US companies and employee US citizens outside the US are subject to title VII, the ADEA, the ADA with respect to those employees
- multinational employers that operate in the US or its territories are subject to EEO laws to the same extent as US employers - EXCEPTION: unless employee is covered by a treaty or other binding agreement that limits applicability of US laws, such as on that permits company to prefer its own nationals for certain decisions |
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employee record-keeping requirements (normal case)
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- all personnel/employment records, including job applications, must be kept for 1 yr.
- termination records must be kept for 1 yr. after termination - ADEA (age disc.): payroll records must be kept for 3 yrs, and all employment benefit plans, seniority/merit system plans must be kept for 1 + yrs. - equal pay act: payroll records must be kept for 3 yrs., plus an additional 2 yrs. for any records that explain differentials to employees related to sex - employers with 100+ employees and employers w/ federal contracts of $50,000+ and 50+ employees must file Form EEO-1 annually (provides a breakdown of workforce by race and gender |
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employees and record keeping requirements (under investigation with EEOC)
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extensive additional record keeping beyond the norm is required (slide show does not specify)
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bases for discrimination cases
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- disparate treatment
- disparate impact employers may also be required to actively work to accommodate certain individuals or hire/promote people in certain groups; failure to do so can result in a claim - failure to make a "reasonable accommodation" - failure to comply w/ affirmative action |
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disparate treatment
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people are not treated the same - "intentional"
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disparate impact
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people are treated the same way but the end result is not equal subgroups ("unintentional"); aka "adverse impact"
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"prima facie"
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evidences that establishes a fact unless/until refuted
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"pretext"
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false reason put forth to hide the real one
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examples of "legitimate nondiscriminatory reasons" employers tend to provide
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- applicants engaged in unlawful conduct against the firm
- plaintiff did not possess the necessary qualifications - no vacancies at the time of application - person chosen over plaintiff was better qualified - poor attendance - budgetary considerations - seniority system gave someone else preference |
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what employer must show to avoid disparate impact
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employers must show job-related and consistent with business necessity
justifications that DO NOT meet requirements: customer preference, morale, corporate image, convenience company must show evidence that practice is closely tied w/ requirements of performing the job |
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4/5 rule
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- EEOC's rule of thumb for establishing whether there is a statistical disparity caused by use of a certain selection instrument or process
- if company fails, it does no mean they lose their case automatically; company may still be able to legally use the instrument if it is job-related |
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racial categories recognized by the EEOC
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hispanic/latino, white, black/african-american, native hawiian/pacific islander, asian, american indian/alaskan native, two or more races (mixed)
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race-based exemptions from Title VII
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- title VII does not prevent racially motivated decisions driven by business concerns
- race or color can never be a BFOQ one exception: businesses operating around or on indian reservations may give preferential treatment for native-americans |
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what might be included in a consent decree?
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appointing a senior level employee as "consent decree coordinator", must prepare and submit semi-annual reports to EEOC over term of decree, monitoring employee discipline, substantial disclipine
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national origin discrimination
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treating someone less favorably b/c of where they are from, their ethnicity or accent, or b/c it is believed that they come from a certain background; also means treating someone badly b/c of a marriage or other association w/ someone of a certain nationality
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discrimination based on language issues
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- accent discrimination: an employer can't base an employment decision on an accent unless it interferes with job performance
- english fluency: requirement is only permissible if required for effective performance - english-only rules: must be adopted for nondiscriminatory reasons; only can be adopted if english is needed to promote safe and efficient business operation |
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harassment on basis of national origin
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Title VII prohibits offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin
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citizenship and discrimination
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Title VII does not specifically cover citizenship, but if citizenship discrimination has effect of purpose of national origin discrimination, it is prohibited
- EEOC position: discrimination is prohibited based on citizenship, however if a person is an illegal alien relief is limited |
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immigration reform and control act (IRCA) - 1986
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unlawful to hire/employ aliens unauthorized to work; unlawful to hire for employment w/out verification of employment eligibility; prohibits discrimination on the basis of citizenship status for workers working w.in the US (US citizens vs. legal immigrants)
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exceptions where preference for citizenship is allowed
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- other statuses may prohibit noncitizens from civil service positions and other govt. positions
- under IRCA, there is an "equally qualified" exception |
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title VII - sex
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title VII prohibits making employment decisions on the basis of sex
also prohibits treating someone differently b/c of sex or sex related stereotypes also prohibits sexual harassment |
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What is sexual harassment?
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unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature constitute harassment when...
- submission to conduct is made a term or condition of employment - submission to a rejection of conduct by someone is used as the basis for employment decisions affecting that person - such conduct has purpose of effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment |
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circumstances in which sexual harassment can occur
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- victim as well as the harasser can be male of female; victim does not have to be of the opposite sex
- harasser can be the victims supervisor, agent, co-worker, non-employee, etc. - sexual harassment can occur w/out economic injury to or discharge of the victim |
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employer liability for sexual harassment
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- quid pro quo harassment w/ tangible employment action (ex.: supervisor toward employee, supervisor denies raise b/c employee will not have sex with him)
- supervisor toward employee but with no tangible employment action employee (hostile environment) - employer may be liable -- can avoid liability by showing that it has reasonably policy and process to prevent harassment and that employee failed to use it |
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employer liability for sexual harassment
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employer is liable if employer knew or should have known the acts of the harasser and took no immediate action
employee has to make employer aware of the situation; if the employer saw it they would be liable |
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actions employer should take if sexual harassment is found to be true
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what the employer does depends on the facts:
- warning or oral written reprimand - training/counseling the harasser -transferring/resigning/terminating/demoting/suspending the harasser - monitoring to make sure the harassment has ended - correcting victim's file to remove unfair evaluations - having harasser apologize to the victim - checking to ensure no retaliation |
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title VII - religion
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prohibits discrimination on basis of religion and may require employers to take actions to actively accommodate religious practice - "reasonable accommodation"
do you have to accommodate a religion if you have never heard of it? yes, if it does not create undue hardship can be a BFOQ claims can be brought about for failure to accommodate a religion |
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when there is a conflict b/t employer policy and religious practice..
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once employer is aware, they must attempt to correct the conflict
if accommodation is not possible due to undue hardship, employer can enforce policy even if discriminatory |
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common situations that give rise to need for religious accommodations
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- employee's sabbath conflicts with work schedule
- dress or grooming required by religion (ex: beard, turban) - required daily prayer schedule |
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reasonable religoous accommodations
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an adjustment to the work environment that will allow the employee to practice their religion
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undue hardship and religion
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more than ordinary administrative costs, diminished job efficiency, infringes on other employee's rights, benefits, safety, etc.; causes other employees to share that employees burden, if the accommodation conflicts with another law
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major statute protecting those with disabilities (ADA)
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a qualified employee or applicant with a disability is a person who, w/ or w/out reasonable accommodation, can perform the essential functions of the job in question
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disability discrimination claims
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- EEOC investigates ADA claims
- claims may be brought under disparate treatment, impact, harassment, retaliation - also for failure to make reasonable accommodation |
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definition of disability
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person who has a physical of mental impairment that limits one or more major life activities; has a record of the impairment, or is regarded as having the impairment
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impairments listed as disabilities by the ADA
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deafness, blindness, people who use wheelchairs, epilepsy, diabetes, HIV/AIDS, severe arthritis, sever hypertension, cancer, major depression, bipolar disorder, mental retardation, person who is or has been in drug rehab and is not a current user, alcoholism
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impairments and disability no under ADA
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normal pregnancy, predisposition to illness, personality traits such as a quick temper, advanced age, homosexuality, bisexuality, gender identity disorders, etc.; compulsive gambling, kleptomania, current drug user
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reasonable accommodation for disabilities
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reasonable accommodation is required if it does not cause undue hardship
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disability issues in hiring
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- ADA cannot ask questions that would reveal the existence of disability before making a job offer, including inquiries about the disability or a medical examination
- medical examinations and questions about the disability are permitted after extending a job offer but before the individual begins work - if disability is revealed, job offer solely on the basis of it |
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facts about affirmative action programs
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- companies usually are only required by federal law to have AA programs if: the company is a federal contractor or it was judicially mandated due to discrimination
- federal contractor req. for AA affects about 22% of civilians - quotas and set-asides illegal for regular AA programs but a court may order them as a last resort |
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how an affirmative action plan is created
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1. prepare a current organizational profile and job group analysis with % of minorities and women in each job group
2. gather data on availability of qualified women and minorities in each job, inside and outside the company in geographic labor mkt. (ex: census data) 3. if % of women/minorities in job group is < would be expected based on availability -- "underrepresentation" 4. if "underrepresentation" exists, contractor must establish a placement goal and timetables -- "good faith effort to achieve goals", outreach and recruitment measures, systematic efforts to ensure fair selection |
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voluntary affirmative action
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companies who are not required can still put AA in place
- strict guidelines must be followed - voluntary plans deemed acceptable if: they do trammel rights to majority group or create a bar to their advancement, they do not set aside positions or set quotas, are temporary, to attain a balanced workforce |
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reverse discrimination
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lawsuit or claim brought about by a majority member who feels adversely impacted by use of affirmative action plan; most are "no cause suits"; only about 3% are valid
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"hot" issues in workplace law
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- employee privacy/freedom of speech in the digital world
- employee privacy - off duty behavior and effect on health - genetic testing |
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workplace safety stats - fatalities
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- prior to 1970s: around 15,000 each year
- currently, thanks to new laws: in 5,000 range |
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nonfatal workplace injuries
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injuries and illnesses: over 4 million in 2006 (4.4/100)
- slightly over 1/2 of these cases resulted in time off work, job transfer, or restriction of duties - most dangerous: transportation and warehousing, manufacturing, construction, agri/forestry/fishing/hunting, healthcare and social assistance |
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occupational safety and health act of 1970 (OSHA)
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authorizes the federal govt. to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce
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national institute for occupational safety and health (NIOSH)
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w/ dept. of health, conducts research to determine specific safety criteria for particular operations/occupations
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OSHA overview
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- workplace should be free of hazards that are likely to cayse death or serious injury
- employers must comply with OSHA standards - employees must apply with OSHA standards that relate to their conduct |
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OSHA requirements that apply to most employers
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- hazard communication
- emergency action plan - fire safety - exit routes - walking/working surfaces - medical and first aid personnel and supplies appropriate to hazards |
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record keeping, reporting, posting related to OSHA
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- employers must keep record of workplace injuries and illnesses
- all employers must report work related death no matter what or hospitalizations of 3+ employees - employers must display OSHA posters around the workplace - must provide employees w/ OSHA access to employee exposure and med. records; exposure records must be kept for 30 yrs. and medical records for duration of employment + 30 yrs. |
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employee rights under OSHA
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employees have the right to:
- request inspection - have a rep. present at inspection - be informed about exposure to hazards and given access to accurate records regarding this - have employer violations posted on the work-sire |
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OSHA inspections
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conducted by trained agents of the dept. of labor -- compliance officers; if they believe a violation has occurred , they issue a citation; criminal and civil penalties may result
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safety beyond OSHA
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OSHA has limits since it focuses on working conditions and manager responsibilities
- personnel selection: excluding high risk employees - safety training - incentive systems - create and enforce safety rules |
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factors that contribute to violent behavior at work
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mental or emotional instability, negative circumstances, knowledge/access to weapons, substance abuse, lack of personal support
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desk rage
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see stats. in slides for feb. 5th
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how to combat desk rage
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evaluate employee workload, confront aggression, encourage employees to take advantage of stress reducing programs, encourage vacations, have fun
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suggests to prevent violence and protect safety
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thorough background checks, no tolerance for policies handling allegations of violence, work climate surveys, feedback, etc., managers w/ good people skills, train managers to respond to inappropriate behavior, provide EAPS, conselings, etc.
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