Midterm Flashcards
Illegal Discrimination
making distinctions that harm based on protected class
types of discrimination:
Disparate Treatment
Intentionally treating a person or group unfairly
If a man is giving time off to contest a traffic ticket but a woman is not because woman are bad drivers anyways this is an example of:
Disparate Treatment
types of discrimination:
Disparate Impact
Unintentionally creating policy or taking action that impacts a group of people negatively.
The Baltimore police officer written test was conducted such that black applicants were must less likely to be hired. This is an example of:
Disparate Impact.
types of discrimination:
Patterns or Practice
Intentionally keeping actions or policies in place that have shown to have been discriminatory over a period of time.
OUCH TEST
Objective
Uniform
Consistant
Job relatedness
Use the ouch test when
whenever an action or decision is made regarding an employee or applicant
OUCH
Objective
Based on facts, evidence and data.
Not emotion, opinion or feelings
OUCH
Uniform
The same actions must be applied to similar cases.
ex:If a man is allowed time off to contest a ticket a woman must be allowed time off to contest a ticket.
OUCH
Consistant
The action does not significantly effect one protected class over another- use 4/5th rule
OUCH
Has Job Relatedness
Discussions about a person must be based on the job-relatedness
Ex: if your job isn’t making coffee for the office, then you can be disciplined for refusing to make coffee
4/5th rule (FORMULA)
.8 * X = Y
where x is % of majority class
Y must be less than or equal to impacted class
KSAO
Knowledge
Skills
Abilities
Other Attributes
Case law emphasizes that Organizations should made decisions based on
KSAO
Equal Pay At:
It is illegal to pay women less then men for the same job
currently women earn _____ as men for the same job, black women earn ________
currently women earn .8/$1 as men for the same job, black women earn .7/$1
Title VII of the CRA
It is illegal to discriminate based on the 6 protected classes
6 protected classes of CRA
Race
Religion
National Origin
Sex
Family Status
Color
Age Discrimination Act
It is illegal to discriminate against persons aged 40+. No mandatory retirement.
Pregnancy Discrimination Act
Employers must treat pregnant employees the same as anyone else with a disability.
Americans with disabilities act
requires responsible accommodation to allow an employee who can otherwise preform the essential functions of the job.
CRA amended 1991
1.
2.
3.
4.
-provides compensation/damages
-protect employees in other countries
-protects against racial harassment
-prohibits race norming
Race Norming
when different groups require different scores to “pass” a test.
Equal Employment Opportunity is determined by_______ and enforced by _______
Case Law
EEOC
EEOC
Equal Employment Opportunity Commission
EEOC Functions
1
2
3
- Investigate and resolve discrimination case
- compile statistical information on complaints
- provide education and outreach programs.
Hostile Work Environment
hanging naked pics in your cubicle, work parties at strip clubs.
o Quid Pro Quo
you will only be promoted if you sleep with me.
Advantages of Diversity:
1.
2.
3.
4.
5.
- creativity
- performance
- employee / customer benefits
- innovation
- divergent thinking
Disadvantages of Diversity:
- Conflicts
- Dysfunction
- Lower group cohesion
Promoting Diversity:
Culture + Strategy
Organizations should have a mission statement and values that support inclusion.
There should be diversity / inclusion metrics and objectives
Promoting Diversity:
Benefits and Policies
HR strategy should consider each person individually and offer a wide variety of work opportunities and benefits to promote inclusion and diversity.
Examples of benefits the promote diversity and inclusion
1.
2.
3.
4.
- Cafeteria style benefits
- Flexible or alternative work benefits
- Flex time (for parents)
4.Work sharing
Inclusion is voluntary and is designed to
ensure employees feel they belong
Diversity is voluntary, and is controlled by
organizational policy designed to get a diverse group of workers who work well and better serve a more diverse customer base.
EEO is federal and state law that is
narrow, with specific requirements and prohibitions
Affirmative Action is voluntary unless court ordered and broadly defines situations in which actions should be taken to
balance a workforce with its surroundings.
Promoting Diversity: Selection and Recruitment
1
2
3
4
5
6
7
- watch for bias
- set diversity goals
3.standardize interviews - control for likability
- valid predictors
6.blind resume review - re-work job descriptions
Strategic workforce planning is a process where you
identify workforce needs and make a plan for hiring or firing based on organizational needs
Internal Analysis
1
2
3
- Organizational structure
- Organizational Culture
- Employer Branding
External Analysis
1
2
3
4
- Labor Market Trends
- Workforce Regulations
- Employment trends
- Employment competition
Job Analysis:
A systematic analysis of jobs within an organization, work performed and working conditions
2 Outcomes of Job Analysis:
Job description and Job specification
Job description:
1
2
- Job tasks, responsibilities working conditions
- Tools, materials, and equipment used
Job Specification:
1
2
- Listing of KSAO needed to do the job
- Specifying WHO would be effective
Competency Modeling :
1.
2.
3.
4.
1.How or why does one do the job (values or purpose of the org.)
2. Top down in process- start with the why to find the who
3. Bundles of KSAO
4. Applies across multiple job titles
Task-Based Analysis :
1.
2.
3.
4.
- What does one do in the job
- Bottom-up process
- Link to specific KSAO
- Needed for a job description
Competency modeling is combined with task-based analysis when preforming a work analysis. The different between the two is that
task-based analysis decides what the person will be doing while competency modeling determines who is the best fit to do the job