Phr Module 2 - Workforce Planning & Employment

Front 1

5 classes of Title VII
Civil Rights Act (1964)
= no discrimination

Back 1

Race
Color
Nat'l Origin
Religion
Gender
5 for Title 7 - R C NO R G

Front 2

ADEA
Age Discrimination in Employment Act
1967

Back 2

Prohibits discrimination against persons age 40 and over

Front 3

Exceptions to ADEA

Back 3

ER is adhering to genuine seniority or benefit plan
ER disciplining or firing for good cause
EE is top exec

Front 4

Pregnancy Discrimination Act
1978

Back 4

Prohibit discrimination on the basis of pregnancy, childbirth, or related conditions
Pregnancy same as any other termporary disability

Front 5

ADA
Americans with Disabilities Act
1990

Back 5

created rights for individuals with disabilities
protects qualified individuals and prohibits discrimination

for ER's w/ more than 15 EE's

Front 6

Essential Function - per ADA

Back 6

primary job duties that qualified individual must be able to perform - w/ or w/out accomodation

Front 7

Reasonable Accomodation - per ADA

Back 7

modifying or adjusting a job process or environment under which job is usually performed to enable qual ind w/ disability to be considered for the job

Front 8

Uniform Guidelines on EE Selection Process
1978

Back 8

Covers all aspects of selection process
Assist ER's in complying w/ fed'l regs

Front 9

Adverse Impact - Uniform Guidelines %
80% rule or 4/5ths rule

Back 9

adverse impact occurs when selection rate for protected class is less than 80% = adverse impact occurs

Front 10

VEVRAA
Vietnam Era Veterans Readj Assistance Act
1974

Back 10

applies to fedl contracts of $50k or more and 50 or more EE's < 12/1/03 - develop AAP for veterans - +Vietnam-era

Front 11

JVA
Jobs for Veterans
2007

Back 11

applies to fedl contracts of $100k or more and 50 or more EE's > 12/1/03 - develop AAP for veterans - +service medal

Front 12

Rehabilitation Act
1973

Back 12

prohibits discrimination based on physical or mental disabilities
section 501 = fedl gov't
section 503 = fedl contracts >$100k w/ AA

Front 13

I-9

Back 13

burden of verifying that a new EE is eligible to work in the US falls on the ER

Front 14

EB-1
1st Preference
Priority Workers

Back 14

ER's don't need to test US labor mkt
extraordinary ability
outstanding prof and researchers
certain multi-nat'l mgrs and execs

Front 15

EB-2
2nd preference

Back 15

ER's must tes US labor mkt
Foreign nat'ls must have job offer
professionals w/ adv degrees
aliens w/ exceptional ability

Front 16

EB-3
3rd preference

Back 16

Do not have advanced degrees or qualify under EB1 or EB2
ER's must complete labor cert process
professoinals
skilled workers
other workers

Front 17

I-9 documents - List A
est both identity & emp authorization

Back 17

US Passport
Permanent Resident Card
Foreign Passport w/ I-551 stamp

Front 18

Non-Immigrant Visas

Back 18

B-1: Business Visitor
H-1B: Specialty Occupation Workers
L-1: Intracompany Transferee
F-1; Student

Front 19

WARN
Worker Adj & Retraining Notification Act
1988

Back 19

ER's w/ 100 or more FT
give minimum of 60 days notice if a plant is to close or if mass layoffs will occur

Front 20

USERRA
Uniformed Svcs Emp & Re-emp Rights Act
1994

Back 20

Enacted to protect emp rights of persons who voluntarily or involuntarily serve in uniformed services

Front 21

Civil Rights Act of 1991

Back 21

Expands possible damage awards to victims of intentional discrimation
right to jury trial

Front 22

ADEA

Back 22

prohibits discrimination in emp for persons age 40 and over except where age is a BFOQ

Front 23

Anti-Discrimination Legislation

Back 23

Title VII 1964
Civil Rights Act of 1991
ADEA
Pregnancy Discrimination Act
ADA
Uniform Guidelines on EE Selection Procedures

Front 24

AA & Anti-Discrimination Legislation

Back 24

Exec Order 11246
VEVRAA
JVA
Rehab Act

Front 25

Verifies right to work on I-9

Back 25

US Social Security card

Front 26

Privacy Act of 1974

Back 26

protects the emp records of fedl govt EE's from disclosure w/out prior auth

Front 27

EE Polygraph Protection Act
1988

Back 27

unlawful for ER's to use tests in emp decisions except "security-sensitive" positions & during investigations; protect current and prospective EE's

Front 28

Consumer Credit Protection Act
1968

Back 28

Limits the amount of wages that can be garnished
usually 25% of disposable pay
can't term based on garnishment

Front 29

FCRA
Fair Credit Reporting Act
1970

Back 29

consumer rpt obtained for emp:
written notice and auth
pre-adverse action -
adverse action - give notice

Front 30

FACT
Fair and Accurate Credit Transactions Act
2003

Back 30

relief to ER's using 3rd parties to conduct workplace investigations

Front 31

EEO Protected Classes (8)

Back 31

Race
Gender
Ethnicity
Religion
Age
Color
Military status
Disability status

Front 32

Disparate Treatment

Back 32

discrimination occurs when protected classes are intentionally treated differently from other EE's

Front 33

3 Types of Discrimination

Back 33

Disparate Treatment
Adverse or Disparate Impact
Past Policy

Front 34

Adverse or Disparate Impact

Back 34

Rules applied to all EE's have a different effect on a protected class than on the majority

Front 35

EEO-1 Categories

Back 35

Officials and Mgrs
Exec
1st/Mid Level
Professionals
Technicians
Sales Workers
Office & Clerical
Craft Workers (skilled)
Operatives (semiskilled)
Laborers (unskilled)
Service Workers

Front 36

Considered Applicant - Internet

Back 36

ER taken steps to fill a particular job
app followed ER's standard app procedure
app expressed interest in particular position

Front 37

Organizational Profile

Back 37

depicts the staffing pattern of the facility
used to determine if barriers to EEO exist w/in any org units

vertical slice of org

Front 38

Organizational Display

Back 38

graphical presentation of org units
title, gender, race, ethnicity of supv
F and M #'s
Race #'s

Front 39

Workforce Analysis

Back 39

list of job titles
ranked from lowest to highest paid w/in an org unit
wage range
F and M #'s
Race #'s

Front 40

Job Group Analysis

Back 40

list of all job titles that comprise each job group

% of minorities
% of women in each job gp

horizontal slice of org

Front 41

EEO Annual Reporting

Back 41

ER's w/ 100 or more EE's
fedl contractors w/ 50 EE's and $50k contracts
Due by Sept 30 of each yr
breakdown of workforce by
race
ethnicity
gender

Front 42

Types of Audits/Reviews
OFCCP
Office of Fed'l Contract Compliance Programs

Back 42

Compliance Review
desk audit
Off-Site Review
analysis of AAP
Compliance Check
review records
Focused Review
on-site review

Front 43

Glass Ceiling Audits
Corporate Management Reviews

Back 43

conducted @ corp HQ
focus on decision making of CEO's and sr execs

Front 44

BFOQ
Bona Fide Occupational Qualification

Back 44

if gender, religion or ethnicity in BFOQ reasonably necessary to the normal operations of the business - may be used in making emp decisions