HR and gov reg Flashcards
What are the focuses of HR?
-Management of employees
-Recruiting
-Training
-Assessing
-Establishing incentives
What falls under the HR screening process?
Talent management
–Locate, hire, and retain best qualified employees
-Primary enforcing agency for employment discrimination
-Guidelines and requirements for employment practices
-Retaliation by employer is illegal (applies to all federal employment legislation)
Equal Employment Opportunity Act
-Equal Employment Opportunity Commission
-Prohibits general discrimination
-Key section for employment law: Title VII
-Enforced by EEOC (employers must post notices)
-Applies to businesses with 15+ employees
-Present, former, and applicants protected under
race, color, sex, national origin, religion protected
Civil Rights Act 1964
For a claim to take place under the Civil Rights Act, what must occur?
- Failing to hire
- Termination
- Discrimination in pay
-Prohibits discrimination agains same as Civil Rights and adds on
-Disability
-Sex
-Age
-Genetics (family medical history)
Equal Employment Opportunity Act
Outlaws discrimination in pay based upon gender
-May go directly to court (do not have to file with EEOC)
-Statute of limitations (within 2 years of alleged unlawful compensation
Equal pay act
Employers shall not discriminate based on pregnancy when it comes to:
-hiring
-firing
-pay
-job assignment
-promotion
-layoff
-training
-fringe benefits
other terms or conditions of employment
Pregnancy discrimination act
Guarantees disabled equal access to employment and public places
-Employer cannot ask about disability.
-Can make a condition after hiring, but has to apply to all employees and must be job related
Americans with disabilities act (ADA)
Requires employers treat employees equally regardless of age
-Protects people over 40
Age discrimination in employment act
Outlaws employment discrimination against Vietnam veterans
Vietnam era veterans readjustment act
What is recruitment and selection when it comes to human resources?
Forming a pool of qualified applicants relative to tasks that need to be filled
Factors:
-Demographic
-Environmental conditions
-Identity of organization
-Security and advancement
-Experience requirements
-Responsibility
-Wages and benefits
-Labor market: supply and demand
What are some sources for employee recruitment?
-Internet
-Employment agencies (private: headhunters or public: government programs)
-Schools
-Referrals
-Classified
What is the employment application process?
- Employment application
- Resume and cover letter
- The employment interview
- Screening process
Record of statements made at the time the application first seek employment
-General info
-Education requirement
-References
-Employment history
-Qualifications and skill
-Examination physically or mentally
-Should not ask certain info
Employment application
What are the steps of the employment application?
Step 1: Job analysis
-determine critical components of the job for selecting, training, and rewarding personnel
Step 2: Job description
-document and list major responsibilities and tasks
*Job specification: document that lists knowledge, skills, ability, and characteristics
-A qualification
-Absolutely necessary for the job
-Allowed/ approved reason for discrimination (,ust be reasonable)
Bona fide occupational qualification (BFOQ)
What are some items an employer might be looking for during the screening process?
-Reference checking
-Background check
-Credit check
-Drug test
-Driving record (actually looking at insurability)
What is the employee handbook not?
A contract
-If not clear, it could be construed as an enforceable implied contract
What are some of the sections commonly found in the employee handbook?
-Company profile
-Health and safety
-Compensation and benefits
-Employment status (employee vs IC)
-Schedules and leave
-Performance
-Conduct and company policy: anti discrimination and sexual harassment
-Discipline and termination
-Agreement
What are the required state and federal forms for hiring?
-W4
-I-9
What is the W4?
Employee withholding allowance certificate
What does the I-9 (employment eligibility verification) form cover?
The immigration reform act: requiring employers to check job applicants papers to be sure they are either US citizens or aliens authorized to work in the US
-Can not ask if US citizen during interview. “Are you authorized to work in the US?”
-Must be confirmed after hired
What does small business law aim to do?
-Promote competition
-Protect workers
-Protect consumers
