(Chapter 3) Workforce Planning and Management Flashcards
Doctrine that prohibits discrimination against applicants and employees due to certain personal characteristics like race, color, sex, and other protected classifications
Equal Employment Opportunity
The independent federal agency that enforces federal laws prohibiting employment discrimination
US Equal Employment Opportunity Commission (EEOC)
Federal law that prohibits employment discrimination on the basis of race, color, religion, national origin, or sex
Title VII of the Civil Rights Act of 1964
Federal law that amends title VII to prohibit discrimination against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth
Pregnancy Discrimination Act (PDA)
Federal law that makes it illegal to pay different wages to men and women if they perform equal work in the same workplace
Equal Pay Act of 1963
Federal law that prohibits discrimination against applicants or employees based on age (those 40 or older)
Age Discrimination in Employment Act of 1967 (ADEA)
Federal law that prohibits employment discrimination against qualified people who have a disability.
Title I of the Americans with Disabilities Act of 1990 (ADA)
Federal law that prohibits discrimination against qualified employees or applicants with disabilities in the federal government
Rehabilitation Act of 1973
Federal law that prohibits discrimination against employees or applicants because of genetic information
Genetic Information Nondiscrimination Act of 2008 (GINA)
What federal law prohibiting discrimination applies to all businesses with at least ONE employee?
Equal Pay Act of 1963
The Equal Pay Act, Title VII, PDA, ADA, and GINA all apply to businesses with how many employees?
15+
The Age Discrimination in Employment Act (ADEA) applies to all businesses with how many employees?
20+
Intentional bias against a protected class
Disparate treatment
When a process or procedure is designed in a way that is discriminatory against a certain protected class
Disparate impact
What Supreme Court case set the precedent for disparate impact, and what was the ruling?
Griggs v. Duke Power Co.; the employer has the burden of showing that any selection process is job-related AND lack of intent doesn’t make the practice lawful if it inadvertently causes discrimination based on a protected class
Changes or adjustments that do not create an undue hardship for an organization
Reasonable accomodations
Harassing conduct that creates an intimidating or offensive work environment with enough frequency or severity that this conduct would affect a reasonable person’s performance
Bullying
When bullying behavior is based or targeting on an individual being part of a protected class
Illegal harassment
When is harassment OUTSIDE of the workplace also likely to be considered illegal?
When there is a link with the workplace (Example: a manager harassing an employee while driving an employee to a meeting)
Occurs when employment outcomes are linked to sexual favors
Quid pro quo
A work environment with intimidating or offensive working conditions that impact an individual’s ability to work or perform their job
Hostile work environment
The first case in which the Supreme Court recognized a hostile work environment characterized by sexually inappropriate conditions as discrimination under Title VII?
Meritor Savings Bank v. Vinson
What were the outcomes of both the Burlington v. Ellerth and Faragher v. City of Boca Raton cases?
Even if an employer is unaware of harassment, the organization is still liable when harassment is perpetrated by a supervisor
Taking an adverse action against an employee or applicant because they complain about harassment, raise concerns about violations, or engage in other protected behavior
Retaliation
What did the Supreme Court case Green v. Brennan find regarding the filing period for an aggrieved employee?
The filing period for a workplace discrimination complain begins once the employee gives notice of resignation, not at the date of resignation
The work environment is unbearable to the point that an employee of a protected class feels they have no other choice than to quit their job
Constructive discharge
A legitimate reason to exclude a person based on a protected class that would otherwise be illegal
Bona fide occupational qualification (BFOQ)
A formal allegation that an employer has discriminated against the complainant
Charge of discrimination/EEO Complaint
What is the only law enforced by the EEOC that does not require a charge of discrimination?
Equal Pay Act
Private sector employers with more than ___ employees must make workforce data available to the EEOC via an EEO-1 Report
100
The policy of providing opportunities specifically for, and favoring members of, a disadvantaged minority group that has historically experienced discrimination
Affirmative Action
How often are Affirmative Action Plans reviewed?
Annually
A tool employers develop and use to achieve their affirmative action goals
Affirmative Action Plan (AAP)
When it comes to creating AAPs, what 2 things are employers prohibited from doing?
- Establishing racial quotas
- Engaging in preferential treatment of certain groups (including women and minorities)
Under Executive Order 11248, Section 503 of the Rehabilitation Act, and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act, government contractors must provide ______ when recruiting, hiring, and employing qualified minorities, women, people with disabilities, and covered veterans.
Affirmative Action
Who enforces affirmative action laws, regulations, and executive orders with government contractors?
Office of Federal Contract Compliance Programs (OFCCP)
Under Executive Order 11246, non-construction contractors with ___ or more employees and government contracts of $_____ or more are required to develop and implement a written affirmative action plan.
50; $50,000
Occurs when fewer minorities or women occupy a particular job group than would reasonably be expected based on their availability
Underutilization
What is the difference between affirmative action and Equal Employment Opportunity?
EEO is a doctrine. Affirmative action is REQUIRED by government contractors
According to the ADA, a job description should list the essential functions of a job in what order?
In order of importance
Part of a job description that discusses change in duties, performing duties not listed, and employment relationship
Disclaimer section
What is considered an essential function of a job?
A function that occupies a significant amount of the position’s time and requires specialized skills to perform
How should functions of the job be arranged in a job description?
by order of importance and percentage of time spent
What is FLSA status?
Refers to Fair Labor Standards Act and differentiating exempt and nonexempt employees; NONEXEMPT employees must be paid overtime wages if they work over forty hours in a work week
Education, length of experience, soft skills, technical skills, and specific experience are all examples of what?
Knowledge, Skills, & Abilities (KSAs)
The process of understanding a job and developing a job description and job specifications
Job analysis
Type of job analysis that focuses on specific steps a person takes to complete their duties
Task-based job analysis
Type of job analysis that looks at the specific skills or capabilities that an individual must possess to perform the job effectively
Competency-based job analysis
What are the 5 steps of the job analysis process?
- Planning
- Introduction and communication
- Conducting the job analysis
- Creating and writing the job descriptions & specifications
- Maintaining records
Process by which an organization ensures it employs the right number of qualified people with the necessary skills to achieve organizational goals and objectives
Staff planning
4 general components of staff planning
- Job descriptions
- Skills assessment of current workforce (identifying gaps)
- Turnover trends
- Business trends
The number of available job positions compared to the number of applicants
Selection ratio
The ratio of applicants at one stage of hiring versus the number that moves on to the next stage
Yield ratio
The percentage of candidates who accept a formal job offer
Acceptance rate
How is the cost of recruiting found?
Adding recruitment expenses for all the people hired
How is cost per hire found?
Dividing total recruiting costs by the number of people hired
The pool of individuals an organization attracts as applicants or employees
Labor market
Legal theory that makes employers liable for a harmful act if the employer knew about the employee’s potential to cause harm
Negligent hiring
What 3 things should onboarding programs address at the very least?
- Logistics
- Training
- Safety
When an organization has more employees than it needs
Talent surplus
When an organization cannot attract or retain enough workers to meet its needs
Talent shortage
Provides support (interviewing workshops or career counseling) for displaced workers
Outplacement services
Refers to the number of employees leaving an organization and the reasons for their departure
Turnover
What are the 2 main types of turnover?
- Involuntary turnover (fired)
- Voluntary turnover (resignation or retirement)
Hiring outside contractors to do a job or certain tasks
Outsourcing
Supplies its own workforce to an employer, which can mean lower benefit costs for the employer, but higher costs and limitations on HR management
Professional Employer Organization (PEO)
An organization’s systematic approach to building a pool of future leaders to ensure leadership continuity
Succession planning
Why is succession planning important?
It ensures that key roles in the company will not be vacant
6 steps of the succession planning process
- Align strategic planning with workforce planning
- Analyze gaps in future workforce needs
- Identify talent pools of current workforce and categorize talent based on career level, path, and potential
- Develop strategies for succession
- Implement succession-planning strategies
- Monitor and evaluate succession-planning efforts
What is IRCA?
Immigration Reform and Control Act of 1986; it’s illegal for an employer to hire any person who is not legally authorized to work in the US. Employers must verify the employment eligibility of all new employees.
What is the federal wording for a non-US citizen who either does not have status as a permanent resident in the US or who is not authorized for employment in the US?
“unauthorized alien”
What is the federal wording for individuals who are noncitizens and authorized to work in the US?
“authorized alien”
What is the USCIS?
United States Citizenship and Immigration Services
A government issued form that documents the evidence of a new employee’s authorization to work in the US
USCIS Form I-9
When must the USCIS Form I-9 be completed?
Within 3 days of the employee’s hire; if the employment is less than three days it must be completed on the day of the hire
How long must documentation regarding I-9 verification be kept as mandated by law?
Either 3 years from the employee’s date of hire OR one year after the employee leaves (whichever occurs later)
Internet-based system managed by the federal government that allows employers to verify a person’s employment eligibility electronically
E-verify
