Unit 2- Talent & Acquisition (HRCP) Flashcards
List the Classes Protected Under Civil Rights Act of 1964
race, color, religion, sex or national origin
Describe Changes Implemented by the Civil Rights Act of 1991 (6 provisions)
1) Shifting the burden of proof- ex: plaintiff who sued initially bears the burden of proving fact that, if no rebutting evidence is presented, would allow that party to win the case
2)Particularity- when an applicant claims that the hiring process is discriminatory they are required to identify which process is causing the discrimination - such as culturally biased personnel test, prejudiced interview, etc
3) Foreign Practices- extends protection to US citizens working for US companies in foreign countries
4) Race Norming- prohibits altering the results of employment related tests on the basis of race, religion, sex, or national origin test takers
5) Motivating factors- ex: female is passed up for promotion both because of inadequate performance & because her behavior doesn’t fit a traditional stereotype of how a woman should act
6) Remedies- most significant provision is introduction of Jury Trials w/ the possibly of compensatory damages
$50,000 for 15-100 emp
$100,000 for 101-200 emps
$200,000 for 201-500 emps
$300,000 for 500+ emps
Define BFOQ
When employers are able to discriminate when the attributes (sex, national origin, religion) are necessary for the operation of business (RACE IS NEVER A BFOQ)
Examples of BFOQ (4)
1) a locker room attendant to satisfy modesty
2) fashion model or movie actor (male clothing designers)
3) When a sex is unequipped to do the job (wet nurse)
4) Can only hire members of the church & reject clergy from other religions
Explain Disparate Treatment
When a person is treated differently because of that person’s race, religion, sex or national origin
Define Disparate Impact
unintentional discrimination
Explain the conditions for establishing a prima facie case of discrimination, as established by the US Supreme Court in the Case of McDonnell Douglas vs. Green: (4 conditions)
1) person belongs to a protected minority
2) the person applied & was qualified for an advertised job opening
3) despite the person’s qualifications, the person was rejected
4) after the person was rejected, the position remained open & the employer continued to seek applicants w/ similar qualifications
Griggs Vs Duke Power
requires employers to promote & hire based on a person’s ability to perform the job- cannot use IQ tests
Explain Glass Ceiling
organizational barriers that prevent women from receiving promotion info, training, encouragement, mentoring & other opportunities to advance
Explain Pregnancy Discrimination Act
requires employers to treat pregnancy, child birth & related health medical conditions the same as other health related issues w/respect to benefits & leave
Explain Hardison vs Trans World Airlines
Employee claimed that TWA did not satisfactorily accommodate his needs to observe a Saturday Sabbath. However, TWA provided multiple accommodations that employee did not accept.
Accommodations for religious observances, according the SC, should not require an employer to: ( 4 things)
1) sacrifice the rights of other workers
2) Breach a collective bargaining agreement to provide benefits or special needs that would not be equally enjoyed by others
3) Suffer a loss in work unit efficiency
4) Provide more than “de minimus” action (the employer should not have to pay out for another worker or for a replacement worker)
Describe EEOCs Role in Enforcing Title VII of the Civil Rights Act
EEOC was created to enforce Title VII - has original jurisdiction over charges that arise under that title. EEOC has the jurisdiction to investigate charges of discrimination , to attempt to reconcile the parties, to bring suit in federal ct on behalf of an aggrieved employee, or to authorize the aggrieved party to bring suit in federal cts by issuing a “notice of right to sue”
Explain the EEO Reporting Requirements
Private employers w/100 ore more emp & federal contractors w/ 50 or more employees have to submit EEO-1 report.
What is an EEO-1 Report
is an annual compliance survey mandated by federal law & regulations. The survey data employers employment data to be categorized by race/ethnicity, gender & job category. Basically provides basic demographic summary of employer.
Statute of limitations for filing a Title VII claim is how many days?
180 days - but can be extended to 300 days. This limit can be extended for cases in which there is an ongoing pattern of discrimination
Define a mediation
informal, out of court settlement
Define Adverse Impact
the negative effect an unfair & biased selection process has on a protected class- even if may be unintentional
What is the Four-Fifths Rule
states that if the selection rate for a certain group is less than 80 percent of that of the group with the highest selection rate, there is adverse impact on that group.
Describe the Provisions of Order Number 4 (aka Executive Order 11246) (5 provisions)
1) prohibits employment discrimination by fed government contractors & subcontractors
2) Also requires contractors to take affirmative action in hiring & promoting minorities, women, Vietnam era veterans & disable vets- cov’g has been extended to include individuals w/disabilities
3) Regulations establish a 7% utilization goal for disabled employees
4) Contractors must conduct an annual analysis to identify problem areas
5) Contractors are required to document the number of disabled individuals who apply for jobs & the number that are hired - applicants are asked to self identify if they have a disability
Describe the role of the OFCCP (Office of Federal Contract Compliance Programs)
- was created by Order Number 4
- is an agency within the US Dept of Labor
- holds those who do business w/the fed gov responsible for complying with the legal requirement to take affirmative action & not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability or status as a protected vet.
- Responsible for monitoring the affirmative action programs of fed contractors and sub-cons as required by 3 regulations:
1) executive order 11246
2) Vietnam Era Veterans Readjustment Assistance Act
3) Section 503 of the Rehabilitation Act
List the requirements of an Affirmative Action Plan
- Defines the good faith efforts an employer is expected to make to hire and promote minorities, women, vets, & disabled
- Includes policies, practices, & procedures that ensure that all qualified candidates are receiving an equal opportunity for recruitment, selection & advancement
An Affirmative Action Plan (AAP) should include the following: (10 items)
1) Organizational profile- like a workplace analysis
2) Job Group Analysis- list of job titles that comprise each group
3) Placement of incumbents in job groups- lists the % of minorities and % of women in each job group
4) Determining availability- determines availability of the number of qualified minorities or women in the reasonable recruitment area
5) comparing incumbency to availability-compares the % of minorities & women in each group w/the availability for those job groups- calls utilization analysis
6) Placement Goals- must address under utilization in any job groups by utilizing placement goals to measure progress toward achieving EEO
7) Designation of responsibility- an official of the organization will implement the AAP
8) Identifications of problem areas
9) Action oriented programs- correct any problem areas and to attain established goals and objectives
10) Internal Audit & reporting system- must develop and audit system
Explain Reverse Discrimination
where preferential treatment is shown to female and minorities (discrimination of Caucasians and males)
Explain coverage provided by the ADEA (Age Discrimination in Employment Act)
- Protects anyone over 40
- excludes executives and high policy making emp from coverage
- Can successfully claim age discrimination if:
a) over 40
b) fired, demoted, or adversely affected
c) employee has been performing the job well enough to meet the employers legitimate expectations
Note: reverse discrimination does not violate the ADEA
Explain ADEA’s requirements for Early Retirement Programs
- ERISA coordination- need to be coordinated w/ the Employee Retirement Income Security Act, which governs pension and employee welfare plans
- Eligibility requirements- criteria to be eligible should be clear -such as all managers w/20 yrs of svc, etc
- Incentive- should be fair and sufficient to attract employees
- Employee acceptance- must be “knowing & voluntary”, employees who accept typically have to sign a release
Define Constructive Discharge
when an employer intentionally creates a work environment so unbearable as to compel a reasonable employee to quit
Explain Provisions of the Americans w/Disabilities Act (3)
-Applies to employer w/15 or more employees
A person w/ a disability is categorized as the following:
1) is considered to have a physical or mental impairment that substantially limits one or more major life activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating & working.
2) has a record of such an impairment, such as cancer or heart disease
3) is regarded as having such an impairment, such as being a former drug addict or alcoholic
What is ADAAA
ADA was amended in 2008 as the ADAAA- to significantly increase the # of medical conditions that qualify as disabilities
Explain ADA
Employer must provide or offer reasonable accommodations- this could be work leave- as long as it doesn’t cause an undue hardship on the employer.
Note: alcoholism is seen as a disability under ADA- illegal drug use is not protected- but recovering addicts are protected as long as they are receiving treatment
Explain Vocational Rehabilitation Act
is a federal law that is intended to increase the employment opportunities for disabled & to prevent discrimination against “handicap”
-Approves grants to states for vocational rehab services, supported employment, independent living & client assistance
Explain Vietnam Era Veterans Readjustment Assistance Act
- Prohibits discrimination against disabled veterans generally & viet vets (whether disabled or not)
- this act helps veterans find jobs, encourages employers to hire them & requires states to streamline veteran employment services
Note: A veteran of vietnam is anyone who served on active duty for more than 180 days btw August 5, 1964 & May 7, 1975 & was discharged w/other than a dishonorable discharge or who was released for a service connected disability during this period
Explain GINA (Genetic Information Non-Discrimination Act)
-Gina makes it illegal for an employer to discriminate against an employee due to their genetic info or family members genetic info - such as history of cancer or heart disease
Explain USERRA (Uniformed Services Employment & re-employment Rights act)
- Prohibits discrimination against people who serviced in the uniformed services which include:
- any branch of the Armed Forces
- the Army National Guard & the Air National Guard
- the commissioned corps of the Public Health Service
- any other category designated by the President in time of war or emergency
Note: dishonorably discharged is not covered .
Cliff-notes: USERRA limits the employers ability to terminate returning employees, except for just cause
Explain the provisions of USERRA (3)
- Employees who are absent less than 31 days must report to the employer within 8 hrs of arriving home. Those absent btw 31-180 days must submit an app for re-employment within 14 days. Those absent 181 days or more have 90 days to submit an app for re-employment
- Employees are entitled to the position that they would have held had they remained continuously employed
- Returning employee are entitled to all of the seniority-based benefits they had when their service began - this is known as the Escalator Principle
Explain IRCA (Immigration Reform and Control Act)
this act reduces the number of un-documented immigrants coming into the US
Describe What Info Must be Verified on an i9 Form
-all new employees are required to complete & sign a verification form (i9) to certify that they are eligible for employment.
Requires 2 Types of verification:
1) proof of identity
2) evidence of employment authorization- likes a drivers & ss card
i9 has to be completed within _ days of the date of employment
3
What is an H1-B Visa
employer must offer a job & petition for H1-B Visa; issued to a specialty occupation
Can usually be obtained within 45-120 days of filing for the petition -may stay in the US the greater of: length of assignment, or up to a total of 6 yrs. The initial period of work may be approved for up to 3 yrs, with the possibility of an additional 3 yrs.
Employers have to submit what 2 forms for H1-B Visa?
1) Labor Condition Application (LCA) aka labor attestation: which demonstrates that the foreign national will not displace a local worker or be used in a lockout or strike
2) Petition for a Non-immigrant worker- which classifies the foreign national as a temp worker & must be filed by the US employer
Define Long Range Planning
involves developing a business strategy - establishes a corporate philosophy & org mission
Define Middle Range Planning
consists of establishing goals & obj that an org will pursue for the next 2-5yrs
Define Short Range Planning
developing yearly performance goals & annual operating plans- all managers should be involved in short range
Explain the 3 Stages of Strategic HR Planning
Stage 1: Hr forecasts are highly informal & subjective. Managers establish goals. Recruitment & hiring are mostly reactive as they fill vacancies that occur (short term)
Stage 2: needs are forecast for the coming year- info is obtained identifying the talents of the individuals & their interests in promotion
Stage 3: Hr needs are forecast with the aid of computer simulations or sophisticated forecasting models- employees are assisted w/mapping their career paths- org anticipates turnover, attrition and retirement. Future plans for recruiting new employees has been established. Ex: Hewlett Packard, General Electric, US Military
Note: a formal HR planning system is not essential until an org has more than 100 or 200 employees
List the Main Uses of an HRIS
- Used to handle masses of information
- manages employee data, payroll, schedules/timekeeping, onboarding, benefits, recruitment/retention, employee training/performance
Forecasting typically involves what methods?
Long Term Forecasting & Short Term Forecasting
Define Long Term Forecasting
Typically covers a time frame of 2-10 yrs - all LTF should be based on strategic business plans
Define Short Term Forecasting
Typically refers to predicting employment demands for a one year period
Explain Unit Demand (a LTF method)
a technique for estimation of probable demand for a product or services in the future- this method required managers to know what business activity will be performed by their units in the future years & how many people will be needed year by year to achieve their business objectives
Explain Expert Opinion (a LTF method)
may come from a group or from a single individual (such as the HR director) - experts typically base their judgements on their own intuition or past experience
Explain Delphi Technique
having experts provide their best estimates of he future through a series of questionnaires or interviews- this info is collected by a person called an intermediary who summarizes it and then submits a report back to the experts. After several rounds of this back & forth experts are expected to come to a consensus.
Explain Trend Projections (a LTF method)
using the forecasted levels of sales, production or services to estimate how many employees in each job category will be needed.
Explain a Regression Analysis
form of predictive modeling technique which instigates the relationship btw a dependent (target) and an independent variable (predictor) - an ideal procedure for estimating the number of employees in each job category based upon the volume of business activity.
What is a Probalistic Model
a LTF of employment needs that uses probabilities of future events to estimate future employment levels. A simulation can help describe how the org might look in the future depending on alternative decisions & economic conditions.
Explain Markov Analysis
a form of probabilistic forecasting - the movement of employees among different job classifications can be forecast based on past movement
Describe Budgeting (form of STF)
mangers are expected to identify the kinds of resources that they will need for upcoming business period - the budget represents a plan of future business activity that includes financial & capitol resources as well as human resource needs
Explain Work-Load Analysis (form of STF)
most accurate method- involves the use of productivity ratios to identify personnel needs- identifies both the number of employees and the kind of employees required to achieve organizational goals
