2. Plan and Employ part 2 16 Flashcards

1
Q

Reasonable Cause (Needs clarification)

A
  • A determination made by the Equal Employment Opportunity Commission (EEOC) relative to whether discrimination has occurred. if the EEOC determines that there is no reasonable cause, the case is closed, the parties are notified, and the charing party is given a “right to sue” letter. The charging party then has 90 days to file a private lawsuit.
  • If the EEOC determines that there is reasonable cause, the EEOC will attempt conciliation with the employer in an effort to develop a remedy for the discrimination. If the EEOC cannot conciliate the case, the EEOC will decide whether to take the case to court. (This happens in a small percentage of cases.) If the EEOC does not take the case to court, it will close the case and issue the charging party a “right to sue” letter.
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2
Q

Right to Sue Letter

A

A letter issued by the EEOC that entitles the recipient (charging party) to bring a private lawsuit within a specified time frame.

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3
Q

Relief

A

When a plaintiff prevails in an EEO lawsuit, she may be awarded various forms of “relief” or remedies.

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4
Q

Remedies

A

When a plaintiff prevails in an EEO lawsuit, he may be awarded various forms of remedies or “relief.”

  • Back Pay
  • Hiring, Front pay (instead of hiring)
  • Promotion
  • Reinstatement, or Front pay (instead of hiring)
  • Reasonable accomodation
  • Other actions that will make an individual “whole”
  • Attorney fees
  • Expert witness fees
  • Court costs
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5
Q

Back Pay

A

Form of Relief.

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6
Q

Front Pay

A

The remedy of front pay compensates a victim in situations where reinstatement or nondiscriminatory placement would be available remedy, but is denied for reasons peculiar to the individual claim. The compensation of front pay makes the victim of discrimination whole generally until such nondiscriminatory placement can be accomplished.

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7
Q

Job Analysis

A

Process by which information about a specific position is collected. Job analysis produces three important outputs that are critical to the workforce planning process. Job Description/ Job Specifications/ Job Competencies.

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8
Q

Job Description

A

A key tool for many of the functions that HR professionals perform. Although they can take many different formats, most job descriptions have several elements in common.

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9
Q

Elements in a Job Description

A
  • Identifying information: This includes job title, department or division name, reporting relationship, FLSA Status, the date on which the description was written, the name of he person who wrote it, and so on.
  • Scope Information: This is the area of responsibility for, over, or within which this position has authority or responsibility.
  • Responsibility for supervision, if applicable: This includes any positions whom the position incumbent supervises
  • Physical work conditions or physical demands: Although easy to overlook, it’s critical to include this information in the job description.
  • Minimum requirements: Often refers to experience, education or other mandatory credentials required to perform the position successfully. These are often the factors that will be initially used to screen candidates in or out during the resume review process and to determine who will be interviewed.
  • Knowledge, skills, and abilities (KSA’s). These may include items that organisations or interviewers sometimes mistaken take for granted and do not explore enough with candidates during the selection process.
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10
Q

Job specifications

A

The skills, knowledge, abilities, behavioral characteristics, and other credentials and experience necessary to perform a position successfully

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11
Q

Job competencies

A

Broad categories of behavioral characteristics that are required to perform successfully in a particular position, department, or organization. AKA :key success factors,” “competencies for success,” or “performance factors.”

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12
Q

Knowledge

A

Knowledge is what the incumbent needs to know about a specific body of information to be able to perform the position successfully.

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13
Q

Skills

A

The ability to performa a particular task.

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14
Q

Abilities

A

Specific traits or behavioral characteristic required to perform successfully in a position.

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15
Q

KSAs

A

The minimal acceptable levels o knowledge, skills, and abilities required to successfully perform a position

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16
Q

Essential and nonessential job functions

A

For ADA and other purposes, duties and responsibilities should be divided into two categories:

1) essential -functions that are inherently fundamental and necessary to the position. Often cannot be performed by many or any other employees in the organization
2) non-essential -functions that are more peripheral to the position.

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17
Q

Job specifications (or “specs”

A

The qualifications that a successful candidate must possess or demonstrate to perform effectively in a position. Can be expressed as KSAs, credentials or Requirements

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18
Q

Credentials

A

Years of experience, educational requirements, and so on

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19
Q

Recruiting

A

The process of attracting and creating a pool of qualified candidates.

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20
Q

Selection

A

The process of choosing the candidate(s) to whom the position will be offered.

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21
Q

Employer branding

A

The process by and through which organizations deliberately and intentionally decide on the marketing strategy that will be used to promote the employer’s brand within the labor market.

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22
Q

Relevant labor market

A

The size and scope of the geographic area within which an organization would eek to attract qualified candidates for a particular position(s). Even within the same organization, the relevant labor market for different positions can vary widely depending on KSAs and behavioral characteristics required to perform each position. Other factors in defining the relevant labor market might be competitions among employers for a particular skill, or knowledge and the degree to which certain skills or knowledge requirements are industry specific

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23
Q

Selection criteria

A

The “shopping list” of what you are looking for in the individuals who will populate your candidate pool.

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24
Q

Internal and external recruiting

A

Internal recruiting -Creating a pool of qualified candidates from individuals who are already employed with the organization
External recruiting -Creating a pool of qualified candidates who are not currently employed with the organization.

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25
Job posting
A system that announces position openings to current employees within the organization.
26
Job bidding
A system that invites employees to express interest in any internal position at any time, even if a position is not currently available.
27
Social Media
Online websites that individuals/employees use for personal as well as professional networking purposes.
28
Employment agencies
Many types that the HR professional needs to be familiar with: state temporary private
29
State Employment agencies
Each state has a service through which unemployed individuals who are currently looking for work are often required to register, thus providing a potentially rich pool of candidates to employers.
30
Temporary employment agencies
Agencies used to secure services that are needed on a short-term basis. Some organizations use a "temp to hire" model to try out the employee before offering regular employment
31
Private employment agencies (aka private research firms)
Two primary options of private employment agencies: contingency retained
32
Contingency employment agencies/search firms
The employer pays a fee to the firm only when a candidate is hired through its efforts. Selected more often for entry-level positions or supervisory recruiting efforts
33
Retained employment agencies/search firms
The employer pays a fee to the firm whether or not a candidate is hired. Selected more often for executive-level recruiting efforts.
34
Employee referral
A recruiting technique through which current employees are used as a source for recruiting external candidates into the applicant pool.
35
Nontraditional staffing alternatives
Work arrangements that do not fall clearly within "internal" or "external" recruiting methods because they could be used as a retention tool for existing employees, as a way to attract candidates, or as a way to outsource current assignments. i.e. temp-to-hire, consultants, flexible staffing programs, telecommuting, job sharing, seasonal employment.
36
Outsourcing
The reassignment of responsibilities functions or jobs that had been performed within an organization to now be carried out by resources that are outside the organization ("third party contractors")
37
Request for Proposal (RFP)
A request to potential vendors to propose solutions to address specific requirements (which are identified in the RFP document, and to which potential vendors respond in writing)
38
Preemployment testing
Another way of ascertaining the degree to which a candidate possesses and can demonstrate the knowledge, skills, and abilities/behavioral characteristics required to successfully perform the position.
39
Agility tests
Preemployment tests used to ascertain whether the candidate can perform the PHYSICAL REQUIREMENTS of the position for which she is applying.
40
Aptitude tests
Preemployment tests used to ascertain whether the candidate possesses the SKILLS OR KNOWLEDGE required to perform the position for which he is applying
41
Assessment center
Facilities that assess candidate's ABSOLUTE AND RELATIVE QUALIFICATIONS for open positions within an organization, or with respect to overall potential/talent.
42
Cognitive ability tests
Preemployment tests used to assess the candidate's INTELLIGENCE OR CURRENT SKILL level with respect to a job-related function. Could be administered to assess skills such as problem-solving, mathematical skill , or numerical ability,
43
Integrity, or honesty, tests
Preemployment tests used to ascertain the degree to which a candidate would be likely to engage in BEHAVIOR that is dishonest or that reflects a potential lack of INTEGRITY.
44
Medical tests
Preemployment medical tests or exams that can be conducted ONLY if the exam is JOB-RELATED and consistent with business necessity, and even then only AFTER an OFFER (or conditional offer) of employment has been extended to the candidate. The offer of employment cannot be rescinded simply because a medical test reveals that a candidate has a disability. in this situation, the employer would then determine the feasibility of extending a REASONABLE ACCOMMODATION.
45
Personality tests
Preemployment tests used to gather information about a candidate's personality traits, motivation, discipline and other characteristics.
46
Preemployment drug testing
Urine (or, less often, blood or hair sample) that is subjected to testing to identify the presence of illegal drugs. When used in a preemployment context, drug tests are not considered to be medical tests. Most employers, however, do not conduct drug testing UNTIL A CONDITIONAL OFFER of employment has been extended and accepted.
47
Prepromotion drug testing
Conducted to decrease the likelihood of promoting someone who is currently using/abusing illegal drugs.
48
Yield ratio
Calculates the percentage of applicants from a particular recruiting source who advance to a particular stage in the recruiting process. i.e. the number of resumes from minimally qualified candidates as a percentage of the number of total resumes received.
49
Cost per hire
The total of all costs associate with recruiting, selecting, and hiring employees divided by the number of individuals hired. Generally this calculation will be made over a one-year period
50
Turnover analysis
Measures the percentage of the workforce that has left the organization during a specified period of time.
51
Employment application
Documents/forms (paper or electronic) that seek consistent job-related information from candidates relative to their work history, education, and qualifications.
52
Résumés
Essentially advertisements that are designed to get the candidate's foot in the door.
53
Short-form employment applications
Shorter versions of an organization's standard employment application. May be used as a prescreening tool or for certain "lower-level" positions.
54
Long-form employment applications
Require candidates to provide more detailed and comprehensive information.
55
Job-specific employment applications
Sometimes used when an organization does high-volume recruiting for a particular position or for particular types of positions. Application tailored to seek highly specific and relevant information pertaining to the specific position or job category.
56
Weighted employment applications
Intended to facilitate the process of evaluating candidates' qualifications in a consistent and objective manner by assigning relative weights to different portions of the application.
57
Interview
The purpose of the interview is to collect information that will enable the interviewer and the organization to determine the degree ti which each candidate possesses and demonstrates the KSAs and other job specifications to do the job successfully
58
Directive interviews
Take a more structured approach by asking consistent questions of all candidates. The interviewer maintains control of the interview- despite the fact that candidates sometimes make significant attempts to seize that control
59
Nondirective interviews
Relatively unstructured the candidate, not the interviewer, ends up guiding the interview and therefore ends up controlling the flow and content of information.
60
Phone interviews
Sometimes organizations choose to conduct a short phone interview before deciding whether to bring a candidate onsite for a face-to-face interview. This can be helpful in surfacing legitimate job-related "knock-out" factors. Factors discussed my include job requirements, overtime or work conditions, salary requirements, basic technical knowledge.
61
Prescreen interviews
An interview used early in the selection process to determine which candidates meet specific predetermined job requirements.
62
Behavior-based interviews
Interviews that require the candidate to describe past experiences that demonstrate the degree to which he possesses the KSAs required to successfully perform the position for which he is applying.
63
Stress interviews
Interviews in which the interviewer(s) deliberately creates a high-stress environment in an effort to ascertain how the candidate would respond in a similarly stressful situation in the workplace post hire.
64
One-on-one vs. panel/team interviews
Sometimes organizations choose to conduct panel or team interviews. Panel interviews can save time and money but they can also backfire. Keep in mind for panel interviews: let the candidate know ahead of time, plan-even choreograph, the interview in advance, consider the seating arrangement
65
Nonverbal communication cures ("non-verbals)
AKA body language or "nonverbal communication cues," nonverbals refer to communication that is not based on spoken language.
66
Interview errors
``` A category if interviewer bias. These biases essentially constitute errors. Examples: Contrast error First impression error Halo error Horns error Leniency error Strictness Error Recency error similar-to-me error ```
67
Contrast error
An interviewing error/bias that occurs when the interviewer compares candidates to each other instead of comparing them to the requirements of the position
68
First impression error
An interviewing error/bias that occurs when the interviewer places an inordinate level of emphasis on the impression that the candidate makes on him during the first few minutes, seconds or even moments of the interview.
69
Halo error
An interviewing error/bias that occurs when the interviewer evaluates the candidate positively on the basis of one outstanding qualification or characteristic
70
Horns error
An interviewing error/bias that occurs when the interviewer evaluates the candidate negatively on the basis of one poor characteristic or dimension of performance.
71
Leniency error (in interviewing)
An interviewing error/bias that occurs when the interviewer applies an inappropriately lenient standard to one or more candidates, resulting in a higher overall assessment of the candidate(s)
72
Strictness Error (in interviewing)
An interviewing error/bias that occurs when the interviewer applies an inappropriately harsh and demanding standard to one or more candidates resulting in a lower overall assessment of the candidate(s)
73
Recency error (in interviewing)
An interviewing error/bias that occurs when the interviewer recalls recently interviewed candidates more vividly than candidates who were interviews earlier in the process.
74
similar-to-me error (in interviewing)
An interviewing error/bias that occurs when the interviewer evaluates a candidate on the basis of how much a candidate is similar to, or different from, him
75
Realistic job previews (RJP)
A realistic picture of the position and the organization (that is provided to candidates). This, in turn, will help the candidate make a realistic and accurate assessment of whether she will be willing or able to function effectively within the day-to-day realities of the position, the department or unit, and the organization
76
Background checks
A process through which the specifics of an individual's past history are explored and revealed
77
Employment contracts
Agreements that address and outline various aspects of the employment relationship and that is binding on the organization as well as on the employee
78
Onboarding (aka "employee orientation")
The process by which a new employee transitions into the organization
79
Relocation
The process of moving a current or existing (or, less frequently, newly hired) employee's primary residence from one location to another.
80
Involuntary terminations
A decision, initiated by the employer, to end the employment relationship.
81
Layoffs
aka downsizing, rightsizing, RIFs
82
Voluntary terminations
A decision initiated by the employee to end the employment relationship.
83
Constructive discharge
An employee who alleges constructive discharge asserts that he was subjected to such intolerable working conditions that remaining employed with the organization would be impossible.
84
Wrongful termination/discharge
A tort doctrine that speaks to the employer having ended the employment relationship for wrongful reasons.
85
Exit interviews
Conversations with employees who are leaving the organization in an effort to obtain helpful, fact-based, job-related information about the departing employee's experience with the organization.
86
Severance packages
Monies granted to an involuntarily terminated employee for reasons unrelated to individual performance in recognition of the end of the employment relationship and of the years that the employee worked for her employer.
87
EAP
Employer assistance programs. Offer employees help and resources on a variety of personal issues that can have a direct impact on employee job performance. -Has a primary effect on workplace violence
88
Outplacement support
Assistance provided to employees who are being involuntarily terminated for reasons unrelated to cause. The purpose of this assistance is to empower departing employees to find new employment.Could include resume prep, mock interviewing, networking assistance, coaching and more
89
Affirmative Action Plan (AAP)
Programs create under Executive Order 11246 to overcome the effects of past societal discrimination by identifying areas of underutilization. AAPs set for good forth efforts to address and resolve that underutilization. Federal contractors and subcontractors with 50 employees and $50,000 or more in contracts during any 12-month period are also required to design and implement AAPs.
90
Designation of responsibilities
The section of an affirmative action plan that identifies the person who has overall responsibility for ensuring the successful implementation of the affirmative action plan.
91
Organizational display, or work-force analysis
The section of an AAP that provides an organizational chart that depicts the contractor's workforce in terms of incumbents' race, gender, and wages. The organization display is the newer, shorter, and simpler version of the "workforce analysis"
92
Job group analysis
The section of an affirmative action plan that non-construction contractors use to begin the process of comparing the employer's representation of women and minorities to the estimated availability of qualified women and minorities who are available to be employed.
93
Availability analysis
The section of an affirmative action plan that determines the availability of minorities and women for jobs in their establishments, compares incumbency ti availability, declares underutilization, and establishes goals to eliminate the underutilization.
94
Utilization analysis
The section of an affirmative action plan that compares the percentage of qualified women and minorities available to be employed in a particular job group to the percentage of women and minorities who are actually employed in that job group.
95
Placement goals
The section of an affirmative action plan that establishes goals for areas in which underutilization exists
96
Action-oriented program
Established for areas where underutilization exists. Must be pursued through good faith efforts- not through the establishment of quotas. When underutilization exists, the placement goal must be set at an annual percentage rate equal to the availability figure for women or minorities.
97
Identification of problem area
The contractor must perform in-depth analyses of its total employment process to determine whether and where impediments to equal employment opportunity exist.
98
Internal audit and reporting system
An auditing system that periodically measures the effectiveness of an organization's total affirmative action program.
99
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), 1974
A law that requires employers with federal contracts or subcontracts of $25,000 or more to provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.
100
VETS-100/VETS 100A
The Federal Contractor Veterans' Employment Report that must be filed annually by those having federal contracts or subcontracts of $100,000 or more.
101
Sherman Antitrust Act, 1890
A law passed in an effort to curb the growth of monopolies. Under the Act, any business combination that sought to restrain trade or commerce would from that time forward be illegal. Section 1 states "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Section 2 states "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons , to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony." The Sherman Antitrust Act also placed responsibility for pursuing and investigating trusts on government attorneys and district courts. The Sherman Antitrust Act is relevant to compensation's impact on recruitment and retention because an improperly conducted salary survey (or even information attempts to gather data on competitor's wage rates) can constitute a violation of this Act.
102
Equal Pay Act, 1963
A law thaT prohibits discrimination on the basis of sex in the payment of wages or benefits to men and women who perform substantially equal (but not identical) work, for the same employer, in the same establishment, and under similar working conditions. Four factors are used as bases to assess the substantial equality of jobs under the EPA: 1) Responsibility: The degree of responsibility and accountability that an employer entrusts to and expects from a particular position 2) Skill: The amount or degree of experience, ability, education, and training required to perform the job. 3) Working conditions: The physical surroundings of the positions, as well as any hazards that are associated with a particular position. 4) Effort: The amount of physical or mental exertion required to perform the job.
103
Lag the market
A compensation approach in which an organization chooses, by design, or simply because of budget constraints, to offer total compensation packages that are less competitive than the total compensation packages that are being offered by their labor market competitors. Organizations that lag the market might offset this potential disadvantage by reinforcing and maximizing the intrinsic rewards that it offers- long-term potential growth opportunities, the ability to contribute to a particularly significant organizational mission and so on.
104
Lead themarket
A compensation approach in which an organization offers total compensation packages that are "better" than packages being offered by their labor market competitors. Organizations that lead the market may believe that higher compensation packages will attract higher-performing employees who will, in turn, pay for themselves and then some. In short, these organizations want the best of the best and are willing to pay for it.
105
Match the market
A compensation approach in which an organization chooses to offer total compensation packages that are comparable to the total compensation packages being offered by their labor market competitors. Organizations that match the market make a conscious choice to be "externally competitive" with respect to total compensation.