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SPHR > Module 2: Workforce Planning And Employment > Flashcards

Module 2: Workforce Planning And Employment Flashcards

0
Q

Nominal group technique

A

The nominal group technique accesses a variety of individuals to forecast ideas and assumptions and prioritize issues. Unlike the Delphi technique, the individuals are brought together for a face-to-face discussion. The structured session is led by a moderator.

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1
Q

Privacy act

A

The Privacy Act protects the employment records of federal government employees from disclosure without prior written authorization.

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2
Q

Job description vs job specification

A

Job description Summarizes most important features of a job including essential and nonessential job functions, working conditions, job title and location, etc.

Job specification spells out qualifications necessary for an incumbent to be able to perform a job. E.g. Education, experience, training, mental abilities, physical efforts and skills, judgement and decision making.

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3
Q

Title VII of the civil rights act (1964) - who is covered and what employers does it apply to?

A

SNORRK

Sex
National Origin
Race 
Religion
Color

15 or more employees
All education and government
Labor unions w/15 or more members

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4
Q

Title VII exceptions

A

BFOQs
Work related requirements
Bona ride seniority systems
Affirmative action plans

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5
Q

Civil Rights Act (1991)

A

It’s the “so-what” of Title VII

Allows jury trials where the plaintiff seeks compensatory or punitive damages

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6
Q

ADEA

A

Age Discrimination in Employment Act prohibits discrimination in employment against persons age 40 and over.

Applies to employers with 20 or more employees and unions with 25 or more members.

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7
Q

Pregnancy Discrimination Act

A

May not refuse to hire a woman because of pregnancy
May not force pregnant employee to leave if she is ready, willing and able to work
Treat pregnancy the same as any other temporary disability

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8
Q

ADA

A

Americans with Disabilities Act

ADA prohibits discrimination against a qualified individual with a disability

Requires reasonable accommodation unless undue hardship

Applies to employers with 15 or more employees

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9
Q

ADAAA

A

ADA Amendments Act: expanded definition of disability and includes impairments that always meet the definition.

Determination of disability should be made without regard to mitigating measures (e.g. Hearing aid, prosthetic device). One exception - eyeglasses

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10
Q

5 Steps in Interactive Process

A
  1. Wait until individual asks for accommodation
  2. Identify barriers to essential functions
  3. Identify possible accommodations
  4. Assess reasonableness
  5. Choose appropriate accommodation or determine none exists.
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11
Q

Direct Threat Standard

A

Employer can establish qualification standards that exclude individuals who pose direct threat to the health or safety of themselves or others.

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12
Q

Uniform Guidelines on Employee Selection Procedures

A

Prohibits selection procedures that have adverse impact on protected groups. Need to demonstrate that selection procedures that have adverse impact are valid in predicting or measuring performance in a particular job.

Adverse impact occurs when the rate for a protected class is less than 80% of the rate for the group with the highest selection rate.

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13
Q

How to check for adverse impact

A

Multiply the selection rate of the majority by .8. The minority groups selection rate must be at least this number to show that adverse impact did not occur.

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14
Q

Executive Order 11246

A

Requires federal contractors with 50 or more employees and a contract of $50,000 to create and annually update an affirmative action plan (aap) for women and minorities.

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15
Q

VEVRAA

A

requires covered federal government contractors and subcontractors to:

  • take affirmative action to employ and advance specified categories of veterans and prohibits discrimination against such veterans.
  • list their employment openings with the appropriate employment service delivery system
  • compile and submit annually a report on the number of current employees who are covered veterans.
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16
Q

INA

A

Immigration and Nationality Act - created the INS, changed quotas from race-based to nationality based, and defines alien as a person lacking citizenship

  • resident and nonresident aliens
  • immigrant and nonimmigrant aliens
  • documented and undocumented aliens
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17
Q

IRCA

A

Immigration reform and Control Act

  • created the I9
  • all documents must be unexpired
  • establishes penalties for hiring illegal aliens.
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18
Q

Immigrant vs. nonimmigrant visas

A

Immigrant visas (green cards) are permanent, nonimmigrant visas are temporary.

Immigrant visas divided into three preference groups based on their importance and the number allocated to each group annually (EB-1, EB-2, EB-3)

Nonimmigrant visas H1-B, F-1, E-3, TN, etc

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19
Q

WARN

A

Worker Adjustment and Retraining Notification Act

Requires a minimum of 60 days notice for plant closing, mass layoff. WARN defines a mass layoff as a reduction in force, during any 30-day period that results in an employment loss for either 50 or more full-time employees, if they compose 33% of the active workforce at the work site, or 500 or more full-time employees.

Applies to employers who employ 100 or more

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20
Q

USERRA

A

Uniformed Services Employment and Reemployment Rights Act

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21
Q

Congressional Accountability Act

A

Requires that federal employee relations and civil rights legislation enacted by congress apply to employees of congress

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22
Q

EEOC Complaint Process

A

EEOC charge filed
EEOC notifies company via letter
EEOC sends company copy of charge
EEOC reviews for reasonable cause

If yes - attempts conciliation. Company required to provide remedies to settle. Charge is settled or goes to litigation.

If no determination - charging party has right to request right-to-sue letter after 180 days and must file suit w/in 90 days.

If reasonable cause not found - EEOC notifies both parties. Charging party has right to sue and must do so within 90 days.

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23
Q

Faragher v. City of Boca Raton

A

Held employer liable for supervisory harassment that resulted n adverse employment action

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24
Q

Kolstad v. American Dental Association

A

Kolstad v. American Dental Association (1999) addressed the issue of punitive damages authorized by the Civil Rights Act of 1991. The Court held that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct.

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25
Q

Meritor Savings Bank v. Vinson

A

Held that sexual harassment violates Title VII

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26
Q

General Dynamics land System v. Cline

A

In the General Dynamics case, the Supreme Court held that the federal age discrimination law (the ADEA) does not protect younger workers—even if they are over 40—from workplace decisions that favor older workers. (Reverse discrimination case)

27
Q

Employee Polygraph Protection Act

A

Regulates use of lie detectors

Allows for use when:

  • employer is federal, state or local gov
  • work in security-sensitive, drug manufacturing, or intelligence situations
  • employee is under reasonable suspicion for incident involving economic loss

Employees must be given the questions ahead of time and can stop the test at any time. They also can decline to take the test if there is evidence that a medical or psychological condition could cause abnormal responses. Before any adverse action can be taken, the employer must review the test results with the employees and provide them with a written copy of the results.
Employer may not discharge employee solely based on test results or refusal to test.

28
Q

Consumer Credit Protection Act

A
  • limits the amount of wages that can be garnished to 25% of disposable pay
  • doesn’t apply to certain bankruptcy court orders or to debts due for federal or state taxes.
  • law allows up to 50% for purposes of child support or alimony if supporting another dependent, or up to 60% if not.
  • allows for additional 5% if payments more than 12 weeks in arrears
29
Q

FCRA

A

Fair Credit Reporting Act

  • applicant/employee must provide written authorization before report is ordered.
  • employer must provide written notice that report will be used, pre-adverse action, notice that adverse action was taken, response to request for complete disclosure
30
Q

FACT

A

Fair And Accurate credit Transactions Act (amendment to FCRA) - eliminates consent and disclosure requirements when a third party conducts an investigation involving suspected misconduct, a violation of law or regulations, a violation of any preexisting written policies of the employer.

31
Q

Dodd-Frank Amendment to FCRA

A

Additional notification requirements for adverse action due to a consumer credit report:

  • credit score that was used- range of possible scores
  • factors that adversely impacted score
  • date score was created
  • name of consumer reporting agency
32
Q

Griggs v. a Duke Power

A

Landmark case that recognized adverse impact

Think: duke=punch=impact

Showed high school degree wasn’t related to job success. Placed burden on employer to prove requirements are job related.

33
Q

McDonnell Douglas Corp. v. Green

A

Landmark case that established criteria for disparate treatment.

Ruled that a prima facie case can be shown if an employee:

  • belongs to a protected class
  • applied for a job when employee sought applicants
  • was qualified yet rejected
  • was rejected and employer kept looking
34
Q

EEO reporting

A

Required for employers with 100 or more employees and federal contractors with 50 employees and $50,000 contract.
Posters and officially approved notices must be put in prominent locations.

Provide count of employees by job category and then by race, ethnicity and gender

35
Q

Organizational Profile

A

One of the statistical components of an AAP. Organizational profile (vertical slice of organization): numerical depiction of staffing patterns to determine if barriers to equal employment opportunity exist. Can be organizational display or workforce analysis.

Organizational Display: provides graphical representation of the organizational units
Workforce Analysis: lists job titles ranked from lowest to highest-paid within an organizational unit.

36
Q

Job group analysis

A

A statistical component of an AAP. Job group analysis (horizontal slice of organization). Lists all job titles in each job group and shows jobs by function (not departmental) alignment.

37
Q

Assessment centers

A

Assessment centers are a method of evaluating candidates who are presented with content-valid workplace situations to which they respond and who are then evaluated on their responses.

38
Q

Construct validity

A

Construct validity is the extent to which a selection device measures the theoretical construct or trait. Typical constructs are intelligence or mechanical comprehension; personality traits include characteristics like anxiety. Organizations measuring construct validity are required to demonstrate that the trait is related to job performance and that the test accurately measures the trait.

39
Q

Constructive discharge

A

Constructive discharge occurs when the employer makes working conditions so intolerable that the employee has no choice but to resign.

40
Q

Availability analysis

A

One of the statistical components of an AAP. Requires that organizations consider internal and external availability to determine the theoretical availability of women and minorities.

Placement goals are set when the percentage of minorities or women is less than reasonably expected given their availability percentage.

41
Q

Types if AAP audits

A

Compliance review (most comprehensive)
Compliance check
Focused review
Off-site review

Done by OFCCP

42
Q

CMCE

A

Corporate Management Compliance Evaluations - looks to correct the glass ceiling by reviewing executive level programs of federal contractors. Aka glass ceiling reviews.

Typically, OFCCP management personnel and the compliance office conduct corporate management compliance evaluations.

43
Q

Ricci v. DeStefano

A

In Ricci v. DeStefano, the Supreme Court held that employers may violate Title VII when they engage in race-conscious decision making to address adverse impact unless they can demonstrate a “strong basis in evidence” that, had they not taken the action, they would have been liable under a disparate impact theory. (Firefighter lawsuit)

44
Q

EPLI

A

Employment practices liability insurance - covers legal costs whether the company wins or loses. Covers businesses against claims by workers that their employee rights have been violated.

45
Q

Washington v. Davis

A

applicants for the Washington, D.C., police department were required to pass an examination designed to test verbal ability, vocabulary, reading, and comprehension. Test excluded a disproportionately high number of African-American applicants.

Ruled that a test that has an adverse impact against a protected class is legal if it’s job related

46
Q

Affirmative defense

A

the employer must demonstrate that it exercised reasonable care to prevent and promptly correct the harassing behavior and that the plaintiff who suffered the harassment unreasonably failed to take advantage of preventive and corrective opportunities.

47
Q

Harris v. Forklift Systems Inc

A

Established “reasonable person” standard

48
Q

Staffing vs. workforce Planning

A

Staffing addresses current and future needs for ksas

Workforce planning analyzes organizational workforce and prepares for future needs. Forecasts future conditions and identifies gaps between current and future staff.

49
Q

Workforce Analysis

A

A human capital needs assessment. Examines four areas:

Supply analysis
Demand analysis
Gap analysis
Solution analysis

50
Q

Trend analysis

A

Determines the relationship between two variables to make a prediction. May plot against each other and then project out to predict.

(Part of supply analysis within workforce analysis)

51
Q

Turnover analysis

A

Calculated by dividing number of separations per year by average number of employees per month

(Part of supply analysis within workforce analysis)

52
Q

Flow analysis

A

Projects future movement. Project the numbers of employees who will remain in an organizational classification based on past transition rates or probabilities.

Inflow > current staff > outflow

(Part of supply analysis within workforce analysis)

53
Q

Regression Analysis

A

Type if statistical forecasting. Regression analysis can include simple linear regression or multiple linear regression.

Simple linear regression is a projection of future demand based on a past relationship between employment level and a single variable.
Multiple linear regression includes multiple variables

54
Q

Solution Analysis a Techniques

A

After performing Supply, Demand, and Gap Analysis Techniques, an organization engages in solution analysis.

Decides whether to build, buy or borrow talent.

Labor market trends should be considered during a solution analysis.

55
Q

Ethnocentric

A

Global approach to international business:

HQ maintains tight control, key positions held by personnel from HQ

56
Q

Polycentric

A

Global approach to international business:

Each international operation is treated as a distinct national entity. Local nationals hired, but rarely promoted to HQ functions. Limited cross-border movement

57
Q

Regiocentric

A

Global approach to international business:

Communications and coordination within a region are high, but less so between regions.

58
Q

Geocentric

A

Global approach to international business:

Organization viewed as a single global enterprise. Talent comes from any location

59
Q

PERM Process

A

Process for employer to affirm that there are no American workers available.

Once a permanent labor certification is issued by the department of labor, an employer must then petition the U.S. Department of Homeland Security and for some cases the State Department to complete the visa approval process.

The system requires employers to conduct recruitment before filing their applications.
State workforce agencies (SWAs) will provide prevailing wage determinations to employers but will no longer receive or process applications. Employers will be required to place a job order with the SWA.

60
Q

Uses for a job analysis

A

Organizational design
Recruiting
Compensation administration
Time management/goal setting
Establishing performance standards/appraisals
Establishing career paths/succession planning
Training
Affirmative action plan
Legal defense: ADA, Termination, workers comp

61
Q

Job posting vs. job bidding

A

Job posting gives current employees the chance to respond to announcements of positions. Job bidding allows employees to indicate an interest in a position that they feel qualified for before one becomes available.

62
Q

Patterned interview

A

During patterned interviews, the interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; the questions, however, are not necessarily the same. This type is also called a targeted interview.

63
Q

Selection Validity

A

Content validity: degree to which a test measures ksas that are a part of the job.
Construct validity: degree to which a test measures a trait such as intelligence
Criterion-related validity: correlation of test results to job performance (can be predictive or concurrent)

64
Q

Executive order 11246 vs. executive order 13496

A

Executive Order 11246 covers women and minorities; Executive Order 13496 covers employee rights under the NLRB.

SPHR (7 decks)

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