Chapter 3 Flashcards
Explain the strategic importance of fairness and legal compliance
Legal compliance is a first step toward ensuring workplace fairness
Explain the roles and responsibilities of the HR Triad in assuring fairness and legal compliance
All members of the HR Triad need to have knowledge about the legal rights and responsibilities of employers and employees. HR professionals ensure the organization’s policies and practices comply with legal requirements and with society’s view of fairness. Managers’ daily interactions with employees set the tone and communication what behaviors are considered to be acceptable. All employees are responsible for complying wth employment laws and showing respect for the rights of others in the workplace
Explain three factors that influence perceptions of fairness
Perceptions: distributive, procedural, and interactional justice - Policies and outcomes can be perceived fair or unfair depending on the attitudes they display and the amount of respect they show personally for the concerns of the employees
distributive justice
when employees believe that the outcomes they experience are fair in comparison to the outcomes of others
procedural justice
refers to perceptions about fairness in the process used to determine outcomes
interactional justice
reflect employees’ feelings about whether managers are sensitive to their situations, give them the information they need, and treat them politely and respectfully
Describe several employment laws intended to ensure fair treatment
Companies in the United States must act in accordance with different types of laws, which include constitutional laws, statutory laws, administrative regulations, executive orders, and common law rules
Title VII of the Civil Rights Act of 1964
prohibits discrimination by employers, employment agencies, and unions on the basis of race, color, religion, sex, national origin, pregnancy, or sexual orientation
Age Discrimination in Employment Act of 1967 (ADEA)
protects people 40 years of age or older from employment discrimination based on age with respect to any term, condition, or privilege of employment - including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments and training
Americans with Disabilities Act of 1990 (ADA)
prohibits private employers, state, and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms conditions, and privileges of employment
Family and Medical Leave Act of 1993
requires employers to provide 12 weeks of job-protected leave for family and medical care, but it does not require employers to pay employees while they are on leave
Equal Employment Opportunity Commission (EEOC)
administers Title VII of the Civil Rights Act, the Equal Pay Act, the ADEA, and the employment-related elements of the ADA
class action lawsuit
a group of similar employees (IE: a “class”) asserts that all members of the employee class suffered due to an employer’s unfair policies and practices
Occupational Safety and Health Administration (OSHA)
administers the Occupational and Safety and Health Act
National Labor Relations Board (NLRB)
administers the National Labor Relations Act
legal precedents
reference back to important decisions that were made in the past and use these as the basis for making a decision on a new case
employment-at-will rule
the assumption that employers have the right to terminate employees (for almost) any reason
What are the primary procedures for settling disputes between employees and employers?
An organization’s grievance procedures should encourage employees to voice their concerns to the company so they can be resolved quickly. ADR may be used when disputes cannot be resolved through a company’s internal process. Mediation and arbitration are the most common forms of ADR. When none of these approaches succeeds, employees may seek justice by taking their cases to court.
grievance procedures (complaint resolution procedures)
encourage employees to voice their concern to the company instead of to the courts, and they encourage employees to seek constructive resolutions without litigation
Alternative dispute resolution (ADR)
involves making an agreement to forgo litigation and instead resolve disputes by either internal or external mediation or arbitration
mediation
all concerned parties present their case to a neutral third party: the mediator
arbitration
a more formal process for ADR, yet not so formal that the rules of a court must be followed
settlement agreement
the defendant does not admit to wrongdoing but nevertheless agrees to pay money to the plaintiff or plaintiffs
How can diversity and inclusion help ensure fair treatment
Diversity and inclusion initiatives are a proactive approach to improving perceptions of fairness among members of a diverse workforce. When effective, diversity and inclusion initiatives help to create a culture of inclusion, where all employees in an organization feel they are treated equally
diversity and inclusion initiatives
policies and procedures that an organization adopts voluntarily for the purpose of ensuring that all members of a diverse workforce feel they are treated fairly
culture of inclusion
using diversity initiatives employers strive to create a company culture in which everyone feels equally integrated into the larger system
Explain how employers strive to eliminate harassment
To reduce harassment at work, most large companies have detailed anti harassment policies. Training programs to deter harassment are also useful. Zero tolerance policies aim at reducing the problem of workplace harassment by clearly stating that employees who harass their coworkers will be dismissed.
Harassment
a conduct that creates a hostile, intimidating, or offensive work environment that unreasonably interferes with the individual’s employment opportunities
What is the employees’ responsibility for ensuring fair treatment
Fairness is the responsibility of both employers and employees. Many employees engage in unethical behaviors that are unfair to their employers. A code of ethics is one means of informing employees about how they are expected to behave and how to act with integrity
code of ethics
informs employees that they are expected to conduct business in a way that upholds standards of integrity
Describe the two current issues in ensuring fair treatment and legal compliance
Two current issues in ensuring fair treatment and legal compliance are electronic monitoring of employees and privacy to the global context.
Data Protection Directive
a European regulation that sets restrictions on what personal information can be collected and stored; it applies to all areas of everyday activities and to all EU countries
