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MGMT 341 > Exam I > Flashcards

Exam I Flashcards

1
Q

What are the two roles brought up in the SHRM video on HRs role in a business?

A

Find, keep, grow

Head of HRs seat at the table

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2
Q

HR of the past

A

Cost center

Paper pushers

Eats company profit

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3
Q

HR in the present

A

Creates capital by managing human capital

Deploys talent to reach company goals

HR is center of productivity

Grows company profit!

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4
Q

What’s the HR Managers biggest challenge?

A

Control!

They have no control over productivity, job satisfaction, turnover, or absenteeism

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5
Q

What are the two things HR has control over?

A

Culture + working conditions = best place to work

Create conditions that foster employees; want them to want to work and be efficient

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6
Q

HR strategy: then vs. now

A

Reactive to Proactive!

Administrator to strategic partner!

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7
Q

The main HR strategy

A

Create a competitive advantage!

Sitting at the table to reach goals set in the strategic plan for the company

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8
Q

Def: competitive advantage

A

What a company does well, can not be easily replicated, and makes us money

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9
Q

4 main goals of strategic HRM

A
  1. Encourage through motivation
  2. Provide leadership
  3. Perform environmental analyses
  4. Make organizational changes to improve overall job satisfaction
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10
Q

What’s the end result of Strategic HRM?

A

Employee engagement = increased productivity = job satisfaction = lowers absenteeism and employee turnover

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11
Q

Human Resources is now referred to as….

A

Human Capital Management = value of people and managing them

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12
Q

HR is not labor intensive, but…

A

Technology intensive

What we do is knowledge work

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13
Q

Basic HR equation

A

Increased skill competition to hire and retain employees with the right skills, at the right time, and at the right place

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14
Q

Diversity

A

Inclusion not differences

What experiences can you bring to help the whole group

Cultural flexibility required for changing workplace demographics

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15
Q

4 types of cultural flexibility

A
  1. Generational differences (4 in the workplace)
  2. Affinity groups (clubs/ nationality to feel @home)
  3. Work styles
  4. Abilities vs. disabilities
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16
Q

9 parts to the SHRM Competency Model

A 
Communication
HR expertise
Global/cultural effectiveness 
Relationship management 
Business acumen 
Leadership and navigation 
Ethical practice 
Critical evaluation 
Consultation
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17
Q

What to you need to do to be SHRM certified?

A

This curriculum
1 year of work experience
Take your test

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18
Q

Line management

A

Hiring managers

Create and maintain the process and people who create what the business sells

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19
Q

Staff management

A

HR managers

Advise line management on staff related issues

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20
Q

HR manger responsibilities: disciplines within HR

A 
Legal
Staffing/talent
Training and development 
Employee relations
Labor and industrial services 
Compensation and benefits (rewards)
Safety and security
Ethics and sustainability
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21
Q

Key to professional liability

A

Encourage your line managers (hiring managers) to seek HR help BEFORE making decisions

Anyone with a decision making role can be sued if a worker feels their rights have been violated

THIS IS WHY EMPLOYMENT LAW IS IMPORTANT

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22
Q

“Smart companies….”

A

“…realize the potential in their people.”

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23
Q

What is the external environment?

A

influences from outside of the organization that managers can NOT control

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24
Q

What do you need to know about the external environment?

A
  1. Know your customers
  2. What are the characteristics of the labor force - always changing
  3. Employees are stakeholders in a company so you need to always communicate their value
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25
Q

What is the internal environment?

A

influences and factors within an organization that managers can control

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26
Q

What are some examples of the internal environment?

A

strategy
culture
structure

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27
Q

Def: Strategy

A

Looking at external environment and internal environment in order to achieve a strategic advantage for the company

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28
Q

What are the 3 strategic questions?

A
  1. what is our present situation?
  2. where do we want to go?
  3. how do we plan to get there?

(people help us to achieve our goals)

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29
Q

Def: Vision

A

what the organization plans to become at a particular point in time

“what will we look like in the future?”

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30
Q

Def: Mission

A

Specific expectations of what the organization will do in order to realize their vision

“How do we make our money?”

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31
Q

What does vision + mission do for the organization?

A

focuses on the direction for the organization and the people within in to reach goals

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32
Q

HRM and cost leadership

A

Maximizing employee efficiency and effectiveness through highly specified jobs that require people to repeat the same task

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33
Q

HRM and differentiation

A

Maximize employee flexibility and adaptability through jobs that require many tasks/changing tasks

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34
Q

Strategy needs to be…..

A

Fluid so it can change when change is needed

Being proactive = success

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35
Q

Def: Organizational Culture

A

Shared beliefs, values, and assumptions about appropriate behavior

affects how and why employees work

36
Q

What are the 4 measurement tools for strategic HRM?

A
  1. Economic value added
  2. Return on investment
  3. Balanced scorecard
  4. HR scorecard
37
Q

What are the 3 takeaways from the Sysco Systems SHRM video?

A
  1. HR metrics = what measures assess the key drivers of performance
  2. HR needs to be involved with the development of strategy
  3. “It’s a knowledge business and a people business, but the product is secondary”
38
Q

What does the EEOC stand for?

A

Equal employment opportunity commission - who you file a claim to for discrimination in the workplace

Provides education and outreach programs on what constitutes illegal discrimination

39
Q

What are the 2 major aspects we should look at in regards to claims of discrimination?

A
  1. Business necessity - the things we must have to do to be competitive
  2. Reasonable accommodation - must not impact business necessity; if it does the business does not have to accept employee ideas
40
Q

Def: Discrimination

A

Making distinctions or shopping one thing over another

In HR this is used to make distinctions among people based on their qualifications

41
Q

Def: Illegal Discrimination

A

Making distinctions that harm people by inappropriately judging based on a class they fall into

42
Q

OUCH Test

A

Used when making a decision - must pass this test to make sure no laws are being broken

Objective
Uniform in application
Consistant in Effect
Has job relatedness

43
Q

Title VII of the Civil Rights Act of 1964: What did it state?

A

cannot fail or refuse to hire or let go people based on race, color, religion, sex, or national origin

cannot limit or segregate or give different working conditions to those a protected class

44
Q

What established the 5 original protected classes, and what are they?

A

Title VII of the Civil Rights Act of 1964

race, color, religion, sex, national origin

45
Q

Title VII of the Civil Rights Act of 1964: What were it’s important concepts

A
  1. disparate treatment
  2. disparate impact
  3. pattern or practice
  4. Bona Fide Occupational Qualification (BFOQ)
  5. Business necessity
  6. Job relatedness
46
Q

What are the 3 most important precedents in Employment law?

A
  1. Griggs vs. Duke Power - 1971
  2. McDonnall-Douglas Corp vs. Green - 1973
  3. Regents of the University of California vs. Bakke 1978
47
Q

Summarize the events in Giggs vs. Duke Power and the year of the court case

A

1971
a black man wanted to be a lineman to make more money (which was one step up from his current job as maintenance man) but Griggs was black and all linemen were white

Duke Power claimed you needed a high school diploma to perform the job but Griggs disagreed and fought the claim and won

Black people at the time usually didn’t receive a high school education due to societal standards so this was discrimination

48
Q

Griggs vs. Duke Power defines 3 important things in Employment Law

A
  1. Desparate Impact - when a job requirement keeps a protected class from doing a job as a whole
  2. Business Necessity - Does the job require that qualification?
  3. Job relatedness - Can you prove that the requirement meets job requirements
49
Q

McDonnall-Douglas Corp vs. Green: year and what tool it gives us

A

1973

The McDonnall-Douglas Test

50
Q

The McDonall-Douglas test says you need three things to make a Prima Faca case

A
  1. Proof you’re in a protected class
  2. Proof you were qualified and applied for the position
  3. Proof you were denied the job and the company kept looking to fill the position

If you prove these 3 things, the employer then has to provide evidence (bearer of proof)

51
Q

Regents of the University of California vs. Bakke: Year and summary

A

1978
This was an argument for reverse discrimination; the school kept slots opened for protected classes; because he was a white male and the slots for whites were full he was denied admission

Bakke lost - court says it’s permissible for med schools to reserve slots for protected classes as long as they are just as qualified as the other candidates

52
Q

What are the two age related protections?

A
  1. ADEA - Age Discrimination in Employment Act of 1967

2. OWBPA - Older Workers Benefit Protection Act of 1990

53
Q

Age Discrimination in Employment Act of 1967: Summary

A

Organizations with 20+ employees cannot discriminate against employees over the age of 40

Protects the older workers with higher wages from being fired so the company can pay a young worker less money for the same job

54
Q

Older Workers Benefit Protection Act of 1990: Summary

A

Protects the rights and benefits of older workers who are losing their job through a reduction in the workforce

You have to council your people before they retire

Can’t force people to sign a document that says you won’t sue in exchange for early retirement

55
Q

Vietnam Era Veterans Readjustment Assistance Act 1974: Summary

(VEVRA)

A

Have to provide equal opportunity and affirmative action for Vietnam era veterans who served on active duty during a war, campaign, or expedition

Put into place due to public disagreement with the war

“Veterans Preference” = given an extra point/hand up when applying for job if a vet or spouse of a vet

56
Q

Uniformed Services Employment and Reemployment Rights Act of 1994: Summary

(USERRA)

A

Ensures civilian reemployment rights of military members who were called away from their non-military jobs by US Government orders

If they come back and their job is gone, you have to give them an equal job

57
Q

Veterans Benefits Improvement Act of 2004: Summary

VBIA

A

Employers are required to maintain health care coverage for up to 2 yrs. for employees serving on active duty and requires employers to post a notice of benefits, duties, and rights under USERRA and VBIA

They don’t need to use the health care, but they can if they need to during that 2 year period (ex. use for family)

58
Q

Def: Employment at Will

A

Have to sign this when starting a job

Allows you to be terminated or the choice to leave a job

Protects you and gives you and the employer rights

59
Q

SHRM Video on Employment at Will

A

It’s risky to terminate someone based on fit = can be grounds for a lawsuit if you do not take the right precautions

There are tons of reasons why you can’t fire someone so it could get legally messy

At will statement is critical to protect the company from future lawsuits

60
Q

Americans with Disabilities Act of 1990 (Amended in 2008)

ADA

A

Any employer with more than 15 employees cannot discriminate based on a disability

Employed must make a reasonable accommodation to individuals with a disability, if they’re otherwise qualified to perform the essential job functions unless it causes undue hardship on the organization

61
Q

What 2 resources are available to people and businesses dealing with ADA laws?

A
  1. Office of Disability Employment Policy (ODEP) - Can help with business necessity
  2. Job Accommodation Network (JAN) - gives advice and counseling on reasonable accommodations and is free for everyone to use
62
Q

What are the 3 ways an employer can find a reasonable accommodation for an ADA employee?

A
  1. ODEP
  2. JAN
  3. Consultative Process or Iterative Process - discussion; ideas presented on both ends; employer not obligated to accept employee ideas
63
Q

What is a disability?

A

The definition in changing but basis = if it’s a preexisting condition that affects the way you go about your daily life

ex. new accommodations for domestic violence victims

64
Q

What are the main concepts to keep in mind when dealing with sexual harassment in the workplace?

A

You must investigate immediately (within 7 days), thoroughly, and keep it confidential (can leave you open to being sued if you do nothing)

If it’s on a daily basis it becomes pervasive!

You must protect against retaliation after the investigation begins

65
Q

Def: Constructive Discharge

A

when the work environment is so bad/threatening that you have to quit in order to keep yourself safe; you can still file a claim against your employer if you use constructive discharge

66
Q

What are the two types of sexual harassment?

A
  1. Quid Pro Quo = “this for that”

2. Hostile work environment = pervasive

67
Q

Religious Discrimination includes these three concepts

A
  1. dress/jewelry
  2. days of worship
  3. observation of religious holidays

They must inform you and you must inform them if these things conflict with business necessity

68
Q

Utilization Analysis

A

The first step in implementing an affirmative action program

Investigate your workforce to see where you can improve

69
Q

There are no __________ in affirmative action programs.

A

No quotas; only goals!! you have to still hire the most qualified person for a job but you’re making an effort to recruit in a specific area

70
Q

What is Affirmative Action?

A

giving equal employment opportunities to the protected classes under Executive Order 11246

GOALS AND TIMETABLES

71
Q

The Office of Federal Contract Compliance Programs

OFCCP

A

Monitors and enforces EO11246 and VEVRAA

Federal contractors must provide these opportunities

72
Q

Civil Rights Act of 1991 (amended in 2008)

A

Allows compensatory and punitive damages when intentional or reckless discrimination is proven

Allows a plaintiff to seek a jury trial = money $$

Prohibits discriminatory use or race-norming

73
Q

What is back pay owed?

A

when you’re fired for the wrong reasons and they give you the money that you missed out on when you lost your job

74
Q

What is front pay?

A

It’s what they owe you into the future

ex. fired for being old, we will pay you off but you don’t have to work

75
Q

What are damages?

A

Compensatory ($$) due to duress

Damages have limits

76
Q

What can a jury trial grant a plaintiff?

A

Punitive damages - meant to punish the employer/company

No limits!!

77
Q

What is the 4/5th rule used for?

A

Determining disparate impact

If a protected class is rules out; then you’re not being consistent in effect

6/5th = reverse discrimination

78
Q

Equal Pay Act - Summary

A

1963

Males and females who do the same job, in the same organization, have to receive equal pay

Pay differences due to other aspects (seniority, qualifications, quality, etc) are permissible

79
Q

Pregnancy Discrimination act: Summary

A

1978

requires employers to treat pregnant women the same as they treat any employee with a medical condition in respect to employment-related purposes

Enacted because in the 70’s companies started lowering their health insurance costs by excluding pregnant women from the policies

80
Q

What is discriminatory use of test scores?

A

“Race norming” - think griggs v. duke

Keeping a whole class out of a specific role by making a requirement a protected class cannot achieve

81
Q

Genetic Information Nondiscrimination Act of 2008 (GINA)

A

prohibits the use of genetic information or intentional acquisition of genetic information about job applicants and employees

strict confidentiality requirements

prevents employers from using genetic test results to discriminate against applicants and employees

82
Q

Lilly Ledbetter Fair Pay Act of 2009 (LLFPA)

A

Adds provision to amend title VII that extends the period of time in which an employee is allowed to follow a lawsuit within 180 days after any application of a discriminatory compensation decision

Resets the clock

includes every time an individual gets paid as long as the discrimination s continuous

83
Q

Immigration and Nationality Act of 1952 (INA)

A

Allows employment of immigrant workers in certain specialty occupations such as engineers, doctors, computer programmers, and physical therapists

Specifies requirements to apply and annual limits to the number of workers who can apply for work visas in these specialties

H1-B Visa

84
Q

Immigration Reform and Control Act of 1986 (IRCA)

A

Requires that employers only hire individuals who are authorized to work legally in the US

Prohibits employers from knowingly hiring undocumented workers and requires employers to verify each employees eligibility for employment

I-9 Form

85
Q

Diversity in the workplace

A

def: the existence of differences

Significant because: fosters creativity by bringing a new experience/different way of thinking to a group of people

86
Q

What’s the difference between Diversity and Inclusion?

A

Diversity => differences

Inclusion => similarities

MGMT 341 (3 decks)

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