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Flashcards in Set One Deck (168)
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1

Disparate impact

Occurs when the selection rate for an employment decision works to the disadvantage of a protected class; also known as adverse impact

2

Résumé

Document prepared by job candidate (or professional hired by candidate) to highlight candidate’s strengths and experience

3

Patterned interview

Type of interview in which interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; also called targeted interview

4

Age Discrimination in Employment Act (ADEA)

Act that prohibits discrimination in employment for persons age 40 and over

5

Job specification

Spells out qualifications necessary for an incumbent to be able to perform a job

6

Fishbowl interview

Interactive type of group interview that helps employer learn how individual interacts with others to solve business-related issues as well as individual’s depth of analytical skills and natural abilities as leader or team player

7

Uniform Guidelines on Employee Selection Procedures

Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination

8

Delphi technique

Forecasting technique that progressively collects information from a group without physically assembling the contributors

9

Assessment centers

Method of evaluating candidates using content-valid work samples of a job; typically for managerial positions

10

Exit interview

Interview conducted when an employee is terminating with an organization in which employee is asked to share views on selected issues

11

Retaliatory discharge

Result of an employer punishing an employee for engaging in activities protected by the law (e.g., filing a discrimination charge, opposing unlawful employer practices

12

Skill tracking systems

Computerized talent or skill inventories that can furnish a list of qualified people

13

Bona fide occupational qualification (BFOQ)

Situation in which religion, sex, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of an organization

14

Johnson v. Santa Clara County Transportation Agency

Court ruling that endorsed using gender as one factor in an employment decision if underrepresentation is shown and if the affirmative action plan is not a quota system

15

Offer letter

Document that formally communicates the employment offer, making the hiring decision official

16

Parent-country nationals (PCNs)

Citizens of an organization’s headquarters country who reside and work abroad with the intent of returning to the home country

17

Directive interview

Type of interview in which interviewer poses specific questions to a candidate and keeps control

18

Kolstad v. American Dental Association

Case in which Supreme Court held that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct

19

Job analysis

Systematic study of jobs to determine what activities (tasks) and responsibilities they include, personal qualifications necessary for performance, conditions under which work is performed, and reporting structure

20

Job applicant

According to EEO regulations, anyone who expresses an interest in employment, regardless of whether that person meets the employer’s minimum qualifications for the job

21

Construct validity

Extent to which a selection device measures the theoretical construct or trait (e.g., intelligence or mechanical comprehension

22

Predictive validity

Type of criterion-related validity; degree to which predictions made by a test are confirmed by the later behavior of test takers

23

Co-employment

Situation in which an organization shares responsibility and liability for their alternative workers with an alternative staffing supplier; also known as joint employment

24

Inpatriates

Employees brought in from another country to work in the headquarters country for a specified period

25

Ricci v. DeStefano

Supreme Court ruling that employers may violate Title VII when they engage in race-conscious decision making to address adverse impact unless they can demonstrate a “strong basis in evidence” that, had they not taken the action, they would have been liable under a disparate impact theory

26

Realistic job preview (RJP)

Part of the selection process that provides an applicant with honest and complete information about a job and the work environment

27

Pennsylvania State Police v. Suders

Case in which Supreme Court ruled on the use of the affirmative defense in a constructive discharge claim for an employer whose supervisors are charged with harassment

28

State (public) employment agencies

Agencies that provide employee screening, testing, and referral at no cost to the employer

29

Stress interview

Type of interview in which interviewer assumes an aggressive posture to see how a candidate responds to stressful situations

30

Closed questions

Questions that can usually be answered with yes or no

31

Repetitive interview

Type of interview in which interviewer asks every applicant the same questions; also called a structured interview

32

PERM (Program Electronic Review Management)

Streamlined process for obtaining labor certification for foreign nationals seeking permanent residence through their employment

33

Prescreening interview

Type of interview that is useful when an organization has a high volume of applicants for a job and face-to-face interviews are needed to judge prequalification factors

34

Smith v. Jackson, Mississippi

Case in which Supreme Court held that Age Discrimination in Employment Act authorizes recovery on a disparate impact theory but with narrower scope than that provided under Title VII

35

Quota

Involves hiring and promoting a fixed number of individuals based on race, gender, or other protected-class standards

36

Stereotyping

Type of interviewer bias that involves forming generalized opinions about how people of a given gender, religion, or race appear, think, act, feel, or respond

37

Adverse impact

Occurs when the selection rate for an employment decision works to the disadvantage of a protected class; also known as disparate impact

38

Judgmental forecasts

Use of information from past and present to predict future conditions

39

Affirmative action plans (AAPs)

Written plans that outline an organization’s programs, policies, and procedures for proactively ensuring equal opportunity in all aspects of employment, such as recruiting, hiring, training, promoting, and compensating

40

Executive search firms

External recruiting method; firms seek out candidates, usually for executive, managerial, or professional positions

41

Staffing

HR function that identifies organizational human capital needs and attempts to provide an adequate supply of qualified individuals for jobs in an organization

42

Organizational unit

Any discrete component of an organization in which there is a level of supervision responsible and accountable for the selection, compensation, etc., of employees within the unit

43

Payrolling

When an organization needing help identifies specific people and refers them to a staffing firm, which employs them and assigns them to work at the organization

44

Behavioral interview

Type of interview that focuses on how applicant previously handled real situations

45

Cognitive ability tests

Tests that assess skills the candidate has already learned

46

Nondirective interview

Type of interview in which interviewer asks open questions and provides general direction but allows applicant to guide process

47

Situational interview

Type of interview in which interviewer asks questions designed to elicit stories and examples that demonstrate the applicant’s skills and qualifications

48

Selection interview

Interview designed to probe areas of interest to interviewer in order to determine how well a job candidate meets the needs of the organization

49

Immigration and Nationality Act (INA)

Fundamental body of U.S. immigration law applying to all employers; addresses employment eligibility and employment verification and defines the conditions for the temporary and permanent employment of aliens in the U.S

50

Job competencies

Knowledge, skills, and abilities (KSAs) and other personal characteristics that work together to produce outstanding performance in a given area of responsibility

51

Americans with Disabilities Act (ADA)

Act that prohibits discrimination against a qualified individual with a disability because of his/her disability

52

Cultural noise

Failure to recognize responses of a candidate that are socially acceptable rather than factual

53

Turnover

Annualized formula that tracks number of separations and total number of workforce employees per month

54

Essential functions

Primary job duties that a qualified individual must be able to perform, either with or without accommodation; a function may be considered essential because it is required in a job or because it is highly specialized

55

Skill banks

Computerized talent or skill inventories that can furnish a list of qualified people

56

Workforce planning

Process an organization uses to analyze its workforce and determine steps it must take to prepare for future needs; strategically aligns an organization’s human capital with its business direction

57

Gender

Refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women

58

Structured interview

Type of interview in which interviewer asks every applicant the same questions; also called a repetitive interview

59

Grutter v. Bollinger

Case in which Supreme Court held that University of Michigan’s law school admission program was sufficiently “narrowly tailored” to consider race as a factor in admission decisions in order to achieve goal of a diverse student body

60

Lilly Ledbetter Fair Pay Act

Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against

61

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services

62

Simulations

Representations of real situations; give organizations the opportunity to speculate as to what would happen if certain courses of action were pursued

63

Employment-at-will

Common-law principle stating that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and employees have the right to quit a job at any time

64

Flexible staffing

Use of alternative recruiting sources and workers who are not regular employees; also known as alternative staffing

65

Harris v. Forklift Systems, Inc

Court ruling that established “reasonable person” standard in a sexual harassment case

66

Worker Adjustment and Retraining Notification (WARN) Act

Act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or if mass layoffs will occur.

67

City of Richmond v. J. A. Croson Company

1989 Court ruling that the numerical quota system of Richmond, Virginia, was unconstitutional because the city had not laid the proper groundwork and had not adequately identified or documented discrimination

68

Albemarle Paper v. Moody

1975 court ruling that items used to validate employment requirements must be job-related

69

School Board of Nassau v. Arline

Supreme Court ruling that persons with contagious diseases could be covered by the Rehabilitation Act of 1973

70

Affirmative action (AA)

Practice in which employers make efforts to increase the presence of women, minorities, covered veterans, and disabled individuals in the workplace and take positive steps to correct their underutilization

71

Job bidding

Internal recruiting method that allows employees to indicate an interest in a position before one becomes available

72

Vicarious liability

Legal doctrine under which a party can be held liable for the wrongful actions of another party

73

Concurrent validity

Type of criterion-related validity determined by relating the test scores of a group of test takers who take a test (Test A) to some other criterion measure (Test B) that is administered at the same time

74

Retention

Ability to keep talented employees in an organization

75

Employment offer

Makes the hiring decision official; should immediately follow the final decision to hire a candidate; formally communicated through an offer letter

76

Oncale v. Sundowner Offshore Service, Inc

Court ruling that same-gender harassment is actionable under Title VII

77

Joint employment

Situation in which an organization shares responsibility and liability for their alternative workers with an alternative staffing supplier; also known as co-employment

78

Host-country nationals (HCNs)

Employees working in their own countries; also known as local nationals.

79

Civil Rights Act of 1991

Act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial

80

Washington v. Davis

Court ruling that dealt with job testing and discrimination

81

Pregnancy Discrimination Act

Act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions

82

Organizational exit

Process of managing the way people leave an organization; also referred to as offboarding

83

Outsourcing

Flexible staffing option in which an independent organization with expertise in operating a specific function contracts with an organization to assume full operational responsibility for the function

84

Criterion-related validity

Refers to the link between a selection device and job performance

85

Multiple linear regression

Statistical method that can be used to project future demand; several variables are utilized

86

Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)

Act that prohibits discrimination against certain veterans

87

Team interview

Type of interview used in situations where the position relies heavily on team cooperation; supervisors, subordinates, and peers are usually part of the process

88

Workforce analysis

List of job titles ranked from lowest- to highest-paid within an organizational unit

89

Quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment

90

Placement goals

Objectives or targets in an affirmative action plan that are set when the percentage of minorities or women in a job group is less than reasonably expected given their availability

91

Prima facie

Latin term for “on first view” or “at first appearance”; in an EEO case, when a plaintiff presents evidence of a prima facie case, the employer must articulate a legitimate, nondiscriminatory reason for its decision

92

First-impression error

Type of interviewer bias in which interviewer makes snap judgments and lets first impression (either positive or negative) cloud the interview

93

ADA Amendments Act (ADAAA)

Amendments to Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules of construction to guide the analysis of what constitutes a disability

94

Succession planning

A talent management strategy to help identify and foster the development of high-potential employees

95

Panel interview

Type of interview in which structured questions are spread across a group; individual who is most competent in the relevant area usually asks the question

96

Sexual harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

97

Regents of the University of California v. Bakke

Court ruling that colleges and universities could legitimately consider race as a factor in the admissions process

98

Griggs v. Duke Power

1971 case that recognized adverse impact discrimination

99

Job

Collection of employee activities (tasks) and responsibilities

100

Polygraph test

Test that measures respiration, blood pressure, and perspiration while person is asked a series of questions; outcome is a diagnostic opinion about honesty

101

Fair Credit Reporting Act (FCRA)

Act that protects privacy of background information and ensures that information supplied is accurate

102

Compliance evaluation

Evaluation that requires an organization to provide details on and documentation of its affirmative action plan

103

Hostile environment harassment

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being

104

Psychomotor tests

Psychomotor tests

Tests that require a candidate to demonstrate a minimum degree of strength, physical dexterity, and coordination in a specialized skill area

105

Glass ceiling

Invisible barrier that blocks minorities and women from attaining senior executive positions

106

Content validity

Degree to which an interview, test, or other selection device measures the knowledge, skills, abilities, or other qualifications that are part of the job

107

Privacy Act

Act that protects the employment records of federal government employees from disclosure without prior authorization

108

e-Verify

Internet-based verification system that allows employers to verify the employment eligibility of their employees regardless of citizenship

109

Genetic Information Nondiscrimination Act (GINA)

Act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance

110

Organizational display

Part of an affirmative action plan that provides a graphical presentation of the organizational units, including their interrelationships

111

Ellerth v. Burlington Northern Industries

Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not

112

Targeted interview

Type of interview in which interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; also called patterned interview

113

Congressional Accountability Act

Act that requires that federal employee relations and civil rights legislation enacted by Congress apply to employees of Congress

114

Jobs for Veterans Act (JVA)

Amendment to Vietnam Era Veterans Readjustment Assistance Act; deals with discrimination against certain veterans

115

McDonnell Douglas Corp. v. Green

Case that established criteria for disparate treatment

116

Disability

Physical or mental impairment that substantially limits major life activities

117

Personality tests

Tests that measure person’s social interaction skills and patterns of behavior

118

Gratz v. Bollinger

Case in which Supreme Court held that University of Michigan’s undergraduate admission program was not sufficiently “narrowly tailored” to consider race as a factor in admission decisions in order to achieve goal of a diverse student body

119

Employment contract

Agreement between an employer and an employee that explains the employment relationship

120

Involuntary termination

When employers decide to discharge particular employees for cause (e.g., poor performance, violations of employer policy

121

Substance abuse tests

Measures intended to ensure a drug-free workplace

122

Expatriates

Collective term for employees sent abroad to work in a country other than where they live

123

Job description

Summarizes most important features of a job, including required tasks, knowledge, skills, abilities, responsibilities, and reporting structure; physical requirements must also be included for ADA considerations

124

Simple linear regression

Projection of future demand based on a past relationship; involves a single variable

125

Rehabilitation Act

Act that prohibits discrimination based on physical or mental disabilities

126

Social media

Collectively describes a variety of online Internet technology platforms and communities that people use to communicate and share information and resources

127

Meritor Savings Bank v. Vinson

Court ruling that first held that sexual harassment violates Title VII of the Civil Rights Act of 1964 regardless of whether it is quid pro quo or hostile environment harassment

128

St. Mary’s Honor Center v. Hicks

Court ruling that Title VII plaintiff must show that discrimination was the real reason for an employer’s actions

129

General Dynamics Land Systems, Inc., v. Cline

Case in which Supreme Court held that the Age Discrimination in Employment Act does not protect younger workers, even if they are over age 40, from workplace decisions that favor older workers

130

Constructive discharge

Occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign

131

Employment branding

Process of positioning an organization as an “employer of choice” in the labor market

132

Independent contractors

Self-employed individuals hired on a contract basis for specialized services

133

Honesty/integrity tests

Measures of applicants’ propensity toward undesirable behaviors such as lying, stealing, taking drugs, or abusing alcohol

134

Outplacement

Systematic process by which a laid-off or terminated employee is counseled in the techniques of career self-appraisal and in securing a new job that is appropriate to his or her talents and needs

135

Garnishment

Occurs when a creditor obtains a court order requiring an employer to attach an employee’s earnings in order to pay back a debt

136

Alternative staffing

Use of alternative recruiting sources and workers who are not regular employees; also known as flexible staffing

137

Immigration Reform and Control Act (IRCA)

Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee’s identity and eligibility to work

138

Consumer Credit Protection Act

Act that limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors

139

Yield ratios

Ratios that can help quantify recruitment efforts

140

Job group analysis

Part of affirmative action plan that lists all job titles that comprise each job group having similar content and responsibilities, wage rates, and opportunities for advancement

141

Open question

Type of question that typically begins with what, where, why, when, or how

142

United Steelworkers v. Weber

Court ruling dealing with reverse discrimination charges; upheld that Title VII allows for voluntary, private, race-conscious programs aimed at eliminating racial imbalance in traditionally segregated job categories

143

Job posting

Internal recruiting method that allows current employees the chance to respond to announcements of positions

144

Repatriates

Employees who have returned home from an international assignment

145

Fair and Accurate Credit Transactions Act (FACT)

Act that provides some relief to employers using third parties to conduct workplace investigations

146

Taxman v. Board of Education of Piscataway

Court ruling that nonremedial affirmative action plan cannot form the basis for deviating from the antidiscrimination mandate of Title VII

147

National origin

Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth

148

McKennon v. Nashville Banner Publishing Co

Case in which Supreme Court held that evidence of misconduct acquired after the decision to terminate cannot free an employer from liability, even if the misconduct would have justified terminating the employee

149

Negative emphasis

Type of interviewer bias that involves rejecting a candidate on the basis of a small amount of negative information

150

Organizational profile

?

151

Trend and ratio analyses

Use of statistics to determine whether relationships exist between two variables

152

Disparate treatment

Occurs when protected classes are intentionally treated differently from other employees or are evaluated by different standards

153

Employment practices liability insurance (EPLI)

Protects an employer against claims by workers that their legal rights as employees of the organization have been violated

154

Civil Rights Act of 1964

First comprehensive U.S. law making it illegal to discriminate on the basis of race, color, religion, sex, or national origin

155

Availability analysis

Analysis in which organization considers internal and external availability in determining theoretical availability of minorities and women for established job groups

156

Nominal group technique

Group of individuals who meet face-to-face to forecast ideas and assumptions and prioritize issues

157

Aptitude tests

Tests that measure the general ability or capacity to learn or acquire a new skill

158

Third-country nationals (TCNs)

Employees who are citizens of countries other than where they work or where the organization’s headquarters resides

159

Protected class

People who are covered under a federal or state antidiscrimination law

160

Corporate management compliance evaluation (CMCE)

Evaluation designed to ensure that qualified minorities and women do not encounter artificial barriers to future advancement into mid-level and senior corporate management

161

Faragher v. City of Boca Raton

Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not

162

International assignee

All-encompassing term used to describe anyone on an international assignment

163

Reasonable accommodation

Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions

164

Employee Polygraph Protection Act

Act that generally prevents employers engaged in or affecting interstate commerce from using lie detector tests either for preemployment screening or during the course of employment, with certain exemptions

165

School-to-work programs

Allow organizations to partner with communities and schools to help develop the skilled workforce they will need for the future

166

Selection

Process of hiring the most suitable candidate for a vacant position

167

Local nationals

Employees working in their own countries; also known as host-country nationals (HCNs

168

Multiple linear regression

Statistical method that can be used to project future demand; several variables are utilized