Workforce Planning and Employment Flashcards
Occurs when the selection for an employment decision works to the disadvantage of a protected class.
Disparate impact, also known as adverse impact.
Amendment to Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules of construction to guide the analysis of what constitutes a disability.
ADA Ammendments Act (ADAAA) - 2008
Practice in which employers make efforts to increase the presence of women, minorities, covered veterans, and disabled individuals in the workplace and take positive steps to correct their underutilization.
Affirmative action (AA)
Written plans that outline an organization’s programs, policies, and procedures for proactively ensuring equal opportunity in all aspects of employment, such as recruiting, hiring, training, promoting, and compensation.
Affirmative action plans (AAPs)
Act that prohibits discrimination in employment for persons age 40 and over except where age is a bona fide occupational qualification.
Age Discrimination in Employment Act. (ADEA) - 1967
1975 court ruling that items used to validate employment requirements must be job-related.
Albemarle Paper v. Moody
Use of alternative recruiting sources and workers who are not regular employees; also known as flexible staffing.
Alternative staffing
Act that prohibits discrimination against a qualified individuals with a disability because of his / her disability.
Americans with Disabilities Act (ADA) - 1990
Test that measures the general ability or capacity to learn or acquire a new skill.
Aptitude test
Method of evaluating candidates using content-valid work samples of a job; typically for managerial positions.
Assessment centers
Analysis in which organization considers internal and external availability in determining theoretical availability of minorities and women for established job groups.
Availability analysis
Type of interview that focuses on how applicant previously handled real situations.
Behavioral interview
Situation in which religion, sex, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of an organization.
Bona Fide occupational qualification (BFOQ)
1989 Court ruling that the numerical quota system of was unconstitutional because the defender had not laid the proper groundwork and had not adequately identified or documented discrimination.
City of Richmond v. J.A. Croson Company
First comprehensive U.S. law making it illegal to discriminate on the basis of race, color, religion, sex, or national origin.
Civil Rights Act of 1964
Act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.
Civil Rights Act of 1991
Questions that can usually be answered with yes or no.
Closed questions
Situation in which an organization shares responsibility and liability for their alternative workers with an alternative staffing supplier.
Co-employment, also known as joint employment.
Tests that assess skills the candidate has already learned
Cognitive ability tests
Set of competencies that together make up a profile for success for a particular job.
Competency model
Evaluation that requires an organization to provide details on and documentation of its affirmative action plan.
Compliance evaluation
Type of criterion-related validity determined by relating the test scores of a group of test takers who take a test (Test A) to some other criterion measure (Test B) that is administered at the same time.
Concurrent validity
Act that identifies selected federal employee relations and civil rights legislation enacted by Congress that applies to employee of Congress.
Congressional Accountability Act of 1995
Extent to which a selection device measures the theoretical construct or trait. (e.g. intelligence or mechanical comprehension)
Construct validity
Occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign.
Constructive discharge
Act that limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.
Consumer Credit Protection Act of 1968
Degree to which an interview, test, or other selection device measures the knowledge, skills, abilities, or other qualifications that are part of the job.
Content validity
Type of interviewer bias; when strong candidates who interview after weak ones may appear even more qualified than they actually are because of the contrast.
Contrast effect
Evaluation designed to ensure that qualified minorities and women do not encounter artificial barriers to future advancement into mid-level and senior management.
Corporate management compliance evaluation (CMCE)
Characteristics that are valued by an organization and are tied to its vision, mission, and method of operating.
Core competencies
Refers to the link between a selection device and job performance.
Criterion-related validity
Failure to recognize responses of a candidate that are socially acceptable rather than factual.
Cultural noise
Forecasting technique that progressively collects information from a group without physically assembling the contributors.
Delphi technique
Type of interview in which interviewer poses specific question to a candidate and keep control.
Directive interview
Physical or mental impairment that substantially limits major life activities.
Disability
Occurs when the selection rate for an employment decision works to the disadvantage of a protected class.
Disparate impact, also known as adverse impact.
Occurs when protected classes are intentionally treated differently from other employee or are evaluated by different standards.
Disparate treatment
Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Ellerth v. Burlington Northern Industries. 1998
Act that generally prevents employers engaged in or affecting interstate commerce from using lie detector tests for preemployment screening or during the course of employment, with certain exemptions.
Employee Polygraph Protection Act
Common-law principle stating that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and employees have the right to quit a job at any time.
Employment-at-will
Process of positioning an organization as an “employer of choice” in the labor market.
Employment branding
Agreement between an employer and an employee that explains the employment relationship.
Employment contract
Makes the hiring decision official; should immediately follow the final decision to hire a candidate; formally communicated through an offer letter.
Employment offer
Protects an employer against claims by workers that their legal rights as employees of the organization have been violated.
Employment practices liability insurance (EPLI)
Primary job duties that a qualified individual must be able to perform, either with or without accommodation, a function amy be considered essential because it is required in a job or because it is highly specialized.
Essential functions
Internet-based verification system that allows employers to verify the employment eligibility of their employees regardless of citizenship.
E-verify
External recruiting method; firms seek out candidates, usually for executive, managerial, or professional positions.
Executive search firms
Interview conducted when an employee is terminating with an organization in which employee is asked to share views on selected issues.
Exit interviews
Collective term for employees sent abroad to work in a country other than where they live.
Expatriates
Act that provides some relief to employers using third parties to conduct workplace investigations.
Fair and Accurate Credit Transactions Act (FACT), 2003
Act that protects privacy of background information and ensures that information supplied is accurate.
Fair Credit Reporting Act (FCRA), 1970
Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Faragher v. City of Boca Raton, 1998
Type of interviewer bias in which interviewer makes snap judgments and lets first impression (either positive or negative) cloud the interview.
First impression error
Interactive type of group interview that helps employer learn how individual interacts with others to solve business-related issues as well as individual’s depth of analytical skills and natural abilities as leader or team player.
Fishbowl interview
Use of alternative recruiting sources and workers who are not regular employees, also known as alternative staffing.
Flexible staffing
Occurs when a creditor obtains a court order requiring an employer to attach an employee’s earning in order to pay back a debt.
Garnishment
Refers to the socially constructed roles, behavior, activities, and attributes that a given society considers appropriate for men and women.
Gender
Case in which Supreme Court held that the Age Discrimination in Employment Act does not protect younger workers, even if they are over age 40, from workplace decision that favor older workers.
General Dynamics Land Systems, Inc. v. Cline, 2004
Act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.
Genetic Information Nondiscrimination Act of 2008 (GINA)
Invisible barrier tat blocks minorities and women form attaining senior executive positions.
Glass ceiling
Case in which Supreme Court held that University of Michigan’s undergraduate admission program was not sufficiently “narrowly tailored” to consider race as a factor in admission decisions in order to achieve goal of a diverse student body.
Gratz v. Bollinger 2003
1971 case that recognized adverse impact discrimination.
Griggs v. Dukes Power 1971
Case in which Supreme Court held that University of Michigan’s law school admission program was sufficiently “narrowly tailored” to consider race as a factor in admission decisions in order to achieve goal of a diverse student body.
Grutter v. Bollinger, 2003
Type of interviewer bias in which interviewer allows one strong point in candidate’s favor to overshadow all other information.
Halo effect
Court ruling that established “reasonable person” standard in sexual harassment case.
Harris v. Forklift Systems, Inc. 1993
Measures of applicants’ propensity toward undesirable behaviors such as lying, stealing, taking drugs, or abusing alcohol.
Honesty / integrity tests
Type of interviewer bias in which the interviewer allows one strong point that works against candidate to overshadow all other information.
Horn effect
Employees working in their own countries; also known as local nationals.
Host-country nationals (HCNs)
Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating’ threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being.
Hostile environment harassment
Fundamental body of U.S. immigration law applying to all employers; addresses employment eligibility and employment verification and defines conditions for the temporary and permanent employment of alien in the U.S.
Immigration and Nationality Act of 1952 (INA)
Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee’s identity and eligibility to work.
Immigration Reform and Control Act of 1986 (IRCA)
Self-employed individuals hired on a contract basis for specialized services.
Independent contractor
Employees brought in from another country to work in the headquarters country for a specified period.
Inpatriates
All-encompassing term used to describe anyone on an international assignment.
International assignee
When employers decide to discharge particular employees for cause (e.g. poor performance, violation of employer policy).
Involuntary termination
Collection of employees activities (tasks) and responsibilities.
Job
Systematic study of jobs to determine what activities (tasks) and responsibilities they include, personal qualifications necessary for performance, conditions under which work is performed, and reporting structure.
Job analysis
According to EEO regulation, anyone who express an interest in employment, regardless of whether that person meets the employer’s minimum qualifications for the job.
Job applicant
Internal recruiting method that allows employees to indicate an interest in a position before one becomes available.
Job bidding
Knowledge, skills, and abilities (KSAs) and other personal characteristics that work together to produce outstanding performance in a given area of responsibilities.
Job competencies
Summarizes most important features of a job, including required tasks, knowledge, skills, abilities, responsibilities, and reporting structure; physical requirements must also be included for ADA considerations.
Job description
Part of affirmative action plan that lists all job titles that comprise each job group having similar content and responsibilities, wage rates, and opportunities for advancement.
Job group analysis
Internal recruiting method that allows current employees the chance to respond to announcements of positions.
Job posting
Spells out qualifications necessary for an incumbent to be able to perform a job.
Job specification
Amendment to Vietnam Era Veterans Readjustment Assistance Act; deals with discrimination against veterans.
Jobs for Veterans Act (JVA), 2003
Court ruling that endorsed using gender as one factor in an employment decision if underrepresentation is shown and if the affirmative action plan is not a quota system.
Johnson v. Santa Clara County Transportation Agency, 1987
Situation in which an organization shares responsibility and liability for their alternative workers with an alternative staffing supplier; also known as co-employment.
Joint employment
Use of information from past and present to predict future conditions.
Judgmental forecasts
Case in which Supreme Court held that the availability of punitive damages depends on the motive of the discrimination rather than the nature of the conduct.
Kolstad v. American Dental Association, 1999
Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
Lilly Ledbetter Fair Pay Act of 2009
Employees working in their own countries; also known as host-country nationals.
Local nationals
Case that established criteria for disparate treatment.
McDonnel Douglass Corp. Green, 1973
Case in which Supreme Court held that evidence of misconduct acquired after the decision to terminate cannot free an employer form liability, even if the misconduct would have justified terminating the employee.
McKennon v. Nashville Banner Publishing Co., 1995
Court ruling that first held that sexual harassment violates Title VII of the Civil Rights Act of 1964 regardless of whether it is quid fro quo or hostile environment harassment.
Meritor Savings Bank v. Vinson, 1986
Statistical method that can be used to project future demand; more than one variable is utilized.
Multiple linear regression
Refers to the country - including those that no longer exist - of one’s birth or of one’s ancestor’s birth.
National orgin
Type of interviewer bias that involves rejecting a candidate on the basis of a small amount of negative information.
Negative emphasis
Group of individuals who meet face-to-face to forecast ideas and assumptions and prioritize issues.
Nominal group technique
Type of interview in which interviewer asks open questions and provides general direction but allows applicant to guide process.
Non-directive interview
Document that formally communicates the employment offer, making the hiring decision official.
Offer letter
Process encompassing orientation and the first months of an employee’s tenure in a posiiton to help employees develop positive working relationships with others in the organization.
Onboarding
Court ruling that same-gender harassment is actionable under Title VII.
Oncale v. Sundowner Offshore Service, Inc., 1998
Employees who report to work only when needed.
On-call workers
Type of question that typically begins with what, where, why, when or how.
Open question
Part of an affirmative action plan that provides a graphical presentation of the organizational units, including their interrelationships.
Organizational display
Process of managing the way people leave an organization; also known as off-boarding.
Organization exit
Provides a numerical depiction of an establishment’s staffing pattern to determine if barriers to equal employment opportunity exist within any organizational unit.
Organizational profile
Any discrete component of an organization in which there is a level of supervision responsible and accountable for the selection, compensation, etc., of employees within the unit.
Organizational unit
Systematic process by which a laid-off or terminated employee is counseled in the techniques of career self-appraisal and in securing a new job that is appropriate to his or her talents and needs.
Outplacement
Flexible staffing option in which an independent organization with expertise in operating a specific function contracts with an organization to assume full operational responsibility for the function.
Outsourcing
Type of interview in which structured questions are spread across a group; individual who is most competent in the relevant area usually asks the question.
Panel interview
Citizens of an organization’s headquarters country who reside and work abroad with the intent of returning to the home country.
Parent-country nationals (PCNs)
Type of interview in which interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; also called targeted interview.
Patterned interview
When an organization needing help identifies specific people and refers them to a staffing firm, which employes them and assigns them to work at the organization.
Payrolling
Case in which Supreme Court ruled on the use of the affirmative defense in a constructive discharge claim for an employer whose supervisor are charged with harassment.
Pennsylvania State Police v. Suders, 2004
Streamlined process for obtaining labor certification for foreign nationals seeking permanent residence through their employment.
PERM (Program Electronic Review Management)
Tests that measure person’s social interaction skills and patterns of behavior.
Personality tests
Objectives or targets in an affirmative action plan that are set when the percentage of minorities or women in a job group is less than reasonably expected given their availability.
Placement goals
Test that measures respiration, blood pressure, and perspiration while person is asked a series of questions; outcome is a diagnostic opinion about honesty.
Polygraph test
Type of criterion-related validity; degree to which predictions made by a test are confirmed by the later behavior of test takers
Predictive validity
Act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
Pregnancy Discrimination Act of 1978
Type of interview that is useful when an organization has a high volume of applicants for a job and face-to-face interviews are needed to judge pre-qualification factors.
Prescreening interviews
Latin term for “on first view” or “at first appearance”; in an EEO case, when a plaintiff presents evidence of a prima facie case, the employer must articulate a legitimate, nondiscriminatory reason for its decision.
Prima Facie
Act that protects the employment records of federal government employees from disclosure without prior authorization.
Privacy Act of 1974
People who are covered under a federal or state anti-discrimination law.
Protected class
Tests that require a candidate to demonstrate a minimum degree of strength, physical dexterity, and coordination in a specialized skill area.
Psychomotor tests
Type of sexual harassment that occurs when an employee is forced to choose between giving in to a supervisor’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.
Quid pro quo harassment
Involves hiring and promoting a fixed number of individuals based on race, gender, or other protected-class standards.
Quota
Part of the selection process that provides an applicant with honest and complete information about a job and the work environment.
Realistic job preview (RJP)
Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.
Reasonable accommodation
Court ruling that colleges and universities could legitimately consider race as a factor in the admission process.
Regents of the University of California v. Bakke, 1978
Act that prohibits discrimination based on physical or mental disabilities.
Rehabilitation Act of 1973
Ability of an instrument to measure consistently.
Reliability
Employees who have returned home from an international assignment.
Repatriates
Type of interview in which interviewer asks every applicant the same questions; also called a structured interview.
Repetitive interview
Document prepared by job candidate (or professional hired by candidate) to highlight candidate’s strengths and experience.
Resume
Result of an employer punishing an employee for engaging in activities protected by the law (e.g., filing a discrimination charge, opposing unlawful employer practices).
Retaliatory discharge
Supreme Court ruling that employers amy 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.
Ricci v. DeStefano (2009)
Supreme Court ruling that persons with contagious disease could be covered by the Rehabilitation Act of 1973.
School Board of Nassau County v. Arline (1987)
All organizations to partner with communities and schools to help develop the skilled workforce they will need for future.
School-to-work programs
Process of hiring the most suitable candidate for a vacant position.
Selection
Interview designated to probe areas of interest to interviewer in order to determine how well a job candidate meets the needs of the organization.
Selection interview
Unwelcome sexual advance, requests for sexual favors, and other verabl or physical conduct of a sexual nature.
Sexual harassment
Projection of future demand based on a past relationship; involves a single variable.
Simple linear regression
Representations of real situations; give organizations the opportunity to speculate as to what would happen if certain courses of action were pursued.
Simulations
Type of interview in which interviewer asks questions designed to elicit stories and examples that demonstrate the applicant’s skills and qualifications.
Situational interview
Computerized talent or skill inventories that can furnish a lis of qualified people.
Skill banks
Computerized talents or skill inventories that can furnish a list of qualified people.
Skill tracking systems
Case in which Supreme Court held that Age Discrimination in Employment Act authorizes recovery on a disparate impact theory but with narrower scope than that provided under Title VII.
Smith v. City of Jackson, Mississippi (2005)
Collectively describes a variety of online Internet technology platforms and communities that people use to communicate and share information and resources.
Social media
Court ruling that Title VII plaintiff must show that discrimination was the real reason for an employer’s actions.
St. Mary’s Honor Center v. Hicks (1993)
HR function that identifies organizational human capital needs and attempts to provide an adequate supply of qualified individuals for jobs in an organization.
Staffing
Agencies that provide employee screening, testing, and fererral at no cost to the employer.
State (public) employment agencies
Type of interviewer bias that involves forming generalized opinions about how people of a given gender, religion or race appear, think, act, or respond.
Stereotyping
Type of interview in which interviewer assumes an aggressive posture to see how a candidate responds to stressful situations.
Stress interview
Type of interview in which interviewer asks every applicant the same questions; also called a repetitive interview.
Structured interview
Measures intended to ensure a drug-free workplace.
Substance abuse tests
A talent management strategy to help identify and foster the development of high-potential employees.
Succession planning
Type of interview in which interviewer asks each applicant questions that are form the same knowledge, skill, or ability area; also called patterned interview.
Targeted interview
Court ruling that non-remedial affirmative actin plan cannot form the basis for deviating from the anti-discrimination mandate of Title VII.
Taxman v. Board of Education Piscataway (1996)
Type of interview used in situations where the position relies heavily on team cooperation; supervisors, subordinates, and peers are usually part of the process.
Team interview
Employees who are citizens of countries other than where they work or where the organization’s headquarters resides.
Third-country nationals (TCNs)
Use of statistics to determine whether relationships exist between two variables.
Trend and ratio analyses
Annualized formula that tracks number of separations and total number of workforce employees per month.
Turnover
Procedural document designated to assist employers in complying with federal regulations prohibiting discrimination.
Uniform Guidelines on Employee Selection Procedures (1978)
Act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
Court ruling dealing with reverse discrimination charges; upheld that Title VII allows for voluntary, private, race-conscious programs aimed at eliminating racial imbalance in traditionally segregate job categories.
United Steelworkers v. Weber (1979)
Ability of an instrument to measure what it is intended to measure.
Validity
Legal doctrine under which a party can be held liable for the wrongful actions of another party.
Vicarious liability
Act that prohibits discrimination against certain veterans.
Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA)
Court ruling that dealt with job testing and discrimination.
Washington v. Davis (1976)
Act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or i mass layoff will occur.
Worker Adjustment and Retraining Notification Act of 1988 (WARN Act)
Facilitates a systematic approach to anticipate human capital needs and data HR professionals can use to ensure that appropriate knowledge, skills, and abilities will be available when needed to accomplish organizational goals and objectives.
Workforce analysis
Process an organization uses to analyze its workforce and determine steps it must take to prepare for future needs; strategically aligns an organization’s human capital with its business direction.
Workforce planning
Ratios that can help quantify recruitment efforts.
Yield ratios
The process of Workforce Planning must e consistent with …..
…. the Strategic Plan of the organization.
This act prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.
Executive order 11246 of 1965
This was a follow-up to Executive Order 10479 of 1953 establishing the anti-discrimination Committee on Government Contracts, which itself was based on a similar Executive Order 8802 of 1941.
Executive Order 11246 of 1965
This law requires contractors with 50 or more employees a federal contract or subcontract of $50,000 or more to creat and annually update an affirmative action plan (AAP) for women and minorities.
Executive Order 11246 of 1965
Classification of people as male or female; it refers to biological and physiological characteristics that define men and women (or boyr and girls)
Sex
A supervisor develops a personal dislike of an employee. The supervisor gives the employee poor assignments and makes disparaging comments about the employee to other department members until finally the employee resigns. This is an example of
a. ) constructive discharge
b. ) retaliatory discharge
c. ) performance discharge
d. ) involuntary discharge
a.) constructive discharge
Constructive discharge occurs when the employer makes working conditions so intolerable that the employee has no choice but to resign. Some courts hold that the standard for determining whether an employee has been constructively discharged is whether a reasonable person in the employee’s place would have felt forced to resign. In other courts, a specific intent to force the person to leave must be proven. Constructive discharge, by itself, does not create liability for an employer. However, a constructive discharge will be deemed a termination, and if the termination was unlawful, the employer would be liable.
For a given position, 500 applications were received, but only 100 of the applicants were qualified. What is the yield ratio?
a. ) 5%
b. ) 10%
c. ) 20%
d. ) 25%
c.) 20%
Yield ratios help quantify recruitment efforts at various stages in the recruitment process. They can be calculated at various stages in the recruitment process. In this case, the qualified applicants divided by the total number of applicants results in a 20% yield ratio.
Disparate treatment occurs when:
a. ) an affirmative action plan is not established.
b. ) employees have equal access to training opportunities.
c. ) a manager asks only female applicants questions about child care.
d. ) all applicants take a test that only white males perform well on.
c.) a manager asks only female applicants questions about child care.
Disparate treatment discrimination occurs when employees in protected classes are intentionally treated differently from other employees or are evaluated by different standards. Examples include a manager who automatically rejects Mexican-American applicants on the grounds that they might be illegal aliens and having different entry requirements for women than for men.
An organization competes for talent in a crowded labor market. What action can help HR to promote the organization’s brand advantage over that of competitors?
a. ) Publicize employee reward and recognition programs on the organization’s Web site.
b. ) Imitate recruiting best practices of successful competitors.
c. ) Focus on the organization’s strategic goals and objectives.
d. ) Survey current employees, former employees, and applicants who were not hired.
d.) Survey current employees, former employees, and applicants who were not hired.
Working to shape an employment brand is critical to attracting and retaining top talent. Survey data could help to evaluate employment strengths and shortcomings. Incorporated in branding strategies, the data could be used to establish how the organization is different and ultimately better position the organization as an employer of choice in the labor market.
Refers to one’s internal, personal sense of being a man or a women (or boy or girl).
Gender identity
The general term applied to individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles.
Transgender
Where to the employment rights derive from?
Laws - enacted by Senate and House of Rep. (Federal and State)
Executive orders - signed by the President
Regulations and Codes - issued by Executive Branch Agencies (or state agencies)
Key Anti-discrimination Laws and Guidelines
Key Knowledge
Title VII of the Civil Rights Act of 1964
Civil Rights Act of 1991
Age Discrimination in Employment Act
Pregnancy Discrimination Act
Americans with Disabilities Act
Americans with Disabilities Amendments Act
Genetic Information Nondiscrimination Act
Lilly Ledbetter Fair Pay Act
Uniform Guidelines on Employee Selection Procedures
Immigration and Nationality Act
Immigration Reform and Control Act
Worker Adjustment and Retraining Notification Act
Congressional Accountability Act
Uniformed Services Employment and Reemployment Act
Rehabilitation Act
Privacy Act
Fair and Accurate Credit Transactions Act
Fair Credit Reporting Act
Executive Order 11246
Vietnam Era Veterans Readjustment Assistance Act
Jobs for Veterans Act
10 Protected Classes
Race Color Religion Sex / Gender Identification National Origin Age Pregnancy Vietnam Era Veteran Status Disabilities Genetics
Which is an example of an indirect cost of turnover when an accounting manager responsible for the direction and supervision of four accounting employees leaves the organization?
a. ) Increased unemployment tax
b. ) Disruptions to department operations
c. ) Accrued vacation payment
d. ) Administrative costs for processing the separation
b.) Disruptions to department operations
Turnover cost indicates how much turnover is costing and its impact on organizational profitability. The cost of turnover includes direct and indirect costs. The indirect costs of turnover can be difficult to quantify and assign a dollar figure to, but these costs are very real and result in significant profitability decreases.
Which stage in the workforce analysis process results in a profile of current staff as it would exist in the future if no action is taken in recruiting, training, or outsourcing?
a. ) Supply analysis
b. ) Demand analysis
c. ) Gap analysis
d. ) Solution analysis
a.) Supply analysis
Supply analysis analyzes the organization as it currently exists—in other words, the supply of labor and skill sets that are vital to an organization.
A form of interview bias in which strong candidates who interview after weak ones appear more qualified is known as
a. ) contrast effect
b. ) halo effect
c. ) negative emphasis
d. ) cultural noise
a.) contrast effect
When strong candidates who interview after weak ones appear even more qualified than they actually are, it is called the contrast effect.
If an organization’s hiring rate for white applicants is 15%, what is the minimum percentage of Asian-American applicants that should be hired to avoid adverse impact?
a. ) 9%
b. ) 10%
c. ) 12%
d. ) 15%
c.) 12%
In order to avoid adverse impact, the selection rate for the protected group must be 80%, or four-fifths, of that of the group with the highest selection rate. Since the selection rate of the highest group is 15%, protected groups must be hired at a rate of 12% to avoid adverse impact.
Most personnel records, once filed into filing cabinets or saved to disk drives, are seldom referred to again. HR employees—especially those new on the job or temporary workers—waste time, even when there is a simple need to look for information. What could be done to correct this situation?
a. ) Restrict information retrieval to supervisors and managers.
b. ) Limit information requests to only those that may have legal implications.
c. ) Implement electronic records management.
d. ) Train all HR staff to ensure quality record-keeping practices.
c.) Implement electronic records management
Electronic records management could facilitate more efficient and cost-effective storage, retrieval, and retention of records. In particular, creating a records filing and indexing system could help to ensure that both paper and electronic records can be easily found.
An employer concerned about protecting relationships with customers would most likely include which of the following in an employment contract?
a. ) Noncompete covenant
b. ) Best efforts clause
c. ) Terms for resignation/termination
d. ) Confidentiality agreement
a.) Noncompete covenant
Specific wording may vary, but in a noncompete clause the employee typically agrees that for a certain amount of time after he or she stops working for the employer, the employee will not work for a rival organization or any organization engaged in a similar type of business and the employee will not set up a business that will directly compete with the employer’s business (or solicit the employer’s customers). In cases of litigation, the courts attempt to balance the rights of individuals to seek work against the employer’s need to protect its business.
A job description includes the following statement in the physical demands category: Constant use of both hands/arms in reaching/handling/grasping/fingering while keyboarding, using phone, calculator, copier, and other office equipment, writing instructions, filing, and performing other administrative duties. This statement describes a(n)
a. ) performance standard.
b. ) job competency.
c. ) work condition.
d. ) essential function.
d.) essential function
Essential functions are fundamental job duties of the employment position. For this position, the amount of time spent on the job constantly using both hands and arms makes the function essential. An applicant or employee must be able to perform essential functions with or without reasonable accommodation.
What procedure BEST ensures the effectiveness of an organization’s affirmative action program?
a. ) Identification of problem areas
b. ) Implementation of action-oriented programs
c. ) Approval of the AAP by an “executive official”
d. ) Establishment of an internal audit and reporting system
d.) Establishment of an internal audit and reporting system
An internal audit and reporting system best ensures that the nondiscriminatory policy is carried out. Identification of problem areas and action-oriented programs are also important but may not produce adequate results. A signature may provide credibility and accountability but does not really ensure actions under the scope of the AAP.
An employer can best obtain information on an applicant’s ethnicity for EEO purposes by
a. ) conducting an availability analysis.
b. ) anonymously surveying applicants after they have been hired.
c. ) requesting applicants to complete a voluntary self-identification form.
d. ) asking interviewers to note the applicant’s ethnicity in the files.
c.) requesting applicants to complete a voluntary self-identification form
Under EEO regulations, employers may be required to show that they do not discriminate against minorities or other protected classes in their hiring practices. In order to do so, organizations track applicant flow data. Data about an applicant’s race and gender can be obtained by having applicants fill out a voluntary self-identification form or by conducting a visual survey of applicants. The visual survey is less preferable.
Individuals who are free to render services to multiple organizations are BEST described by which of these flexible staffing options?
a. ) Contract technical workers
b. ) Independent contractors
c. ) Temp-to-lease help
d. ) Traditional temporary help
b.) Independent contractors
Independent contractors are self-employed individuals who are engaged on a contract basis and compensated on a contract or fee basis and who are issued Form 1099s. All the other examples represent some type of relationship between a temporary firm, a worker, and a client organization.
An employer may be sued for negligent hiring if it
a. ) quotes salary terms in an offer letter.
b. ) fails to conduct past employment and criminal background checks.
c. ) provides applicants with an unrealistic job preview.
d. ) includes waivers of employee rights in an employment contract.
b.) fails to conduct past employment and criminal background checks
Every employer has a legal duty to exercise due diligence in hiring. An employer may be sued for negligent hiring if it hires someone who it knew, or in the exercise of reasonable care should have known, was dangerous, unsafe, dishonest, or unfit for a particular job.
Which of the following is true of severance packages?
a. ) They require employees to sign a waiver that they will not sue the organization.
b. ) They will increase an employer’s unemployment tax contributions.
c. ) They ensure that employees will not file suit against the organization
d. ) They are not required by federal law
d.) They are not required by federal law
Severance packages are offered at the discretion of the employer. Federal law does not require them, although some states may have laws regarding severance. While they may diminish the chance that an employee will file suit, there is no guarantee. Offering severance packages does not increase an employer’s unemployment taxes; this is an outcome of laying off workers whether or not severance packages are added.
General provisions of Title VII of the Civil Rights Act of 1964
- Prohibits discrimination against protected classes
- Makes it unlawful to deny employment opportunities, training, or career advancement to protected classes.
- As amended, prohibits discrimination because of pregnancy, childbirth, or related conditions
- Prohibits sexual harassment
- Prohibits compensation discrimination
Which companies are covered under title VII?
- private employers with 15 or more employees
(working 20 or more weeks in the current or preceding year) - All educational institution, public/private
- All employment agencies
- Labor union with 15 or more members
- Joint labor-management committees for apprenticeships and training
- Federal, state, and local governments
Exceptions to Title VII of the Civil Rights Act of 1964
- Work-related requirements (practice, job-related, and required)
- Bona Fide Occupational Qualification (BFOQ)
- Bona Fide seniority system
- Affirmative Action Plans
Civil Rights of of 1991 main provisions
Key knowledge
- jury trial are allowed in cases where the plaintiff seeks compensatory or punitive damages
- Compensatory damages (make whole plus) for damaged property, lost wages, pain, bereavement, medical expenses, out-of-pocket expenses, future expenses, disfigurement, etc.
- Punitive damages (punish) when employer acted with malice or reckless indifference
Punitive damages under Civil Rights Act of 1991
key Knowledge
Punitive damages are not possible against a governmental unit or agency under federal law.
However, they may be available under state law.
The maximum amount of both compensatory and punitive damages (per individual) under the Civil Rights Act of 1991
15-100 $50,000
101-200 $100,000
201-500 $200,000
501or more $300,000
The Civil Rights Act of 1991 applies (provides for) the damages available to victims of intentional discrimination of:
(key knowledge)
- Title VII
- ADA and ADAAA
- The Rehabilitation Act of 1973 (which applies to federal government employees only)
Age Discrimination in Employment Act (ADEA) of 1967
Main provisions
(Key Knowledge)
- prohibits discrimination in employment against persons age 40/over
- no mandatory retirement ages (amendments 1978 and 1986)
- covers: employers with over 20employees, employment agencies,
- unions with 25 or more members, apprenticeships, training programs
- has always allowed for jury trials
- no compensatory or punitive damages,
- doubling of the pay back awards by jury for “willful” violations
Exceptions to Age Discrimination in Employment Act of 1967 (ADEA)
(Key Knowledge)
- if age is Bona Fide Occupational Qualification (BFOQ)
- company has genuine seniority plan
- employee is disciplined/fired for good cause
- employee is a top executive (retirement benefits of at least $44,00 a year, and has held position for two years prior to retirement)
Under Pregnancy Discrimination Act (1978) it is illegal to
- Refuse to hire/ fire a woman simply because she is pregnant
- Force a pregnant employee to leave work if she is ready, willing and able to perform her job
- Stop accrued seniority wile on leave to give birth or have an abortion
Under Pregnancy Discrimination Act or 1978, the employer must
- not discriminate on the basis of pregnancy, childbirth, or related medical conditions
- treat pregnancy the same as any other temporary disability
- provide access to medical benefits and sick leave on the same basis as such benefits are provided to otehr employees or other conditions
ADA considers an individual disabled if he or she:
- has an impairment that substantially limits one or more major life activities
- Has a record of such an impairment
- Is regarded as having such an impairment
According to ADA, a function may be considered essential for a variety of reasons, including (but not limited to) the following:
- The reason the job exists is to perform the function
- There are a limited umber of employees available among whom the performance of the job function can be distributed
- The function may be highly specialized and require specific expertise or ability
Who is a qualified individual protected by ADA
- an individual with a disability who can perform the essential functions of a job with or without reasonable accommodation(s)
Major life activities, according to ADA
- Bathing
- Dressing
- Toileting
- Moving from a chair
- Continence
- Easting
- Learning
Formula to consider if an individual is covered and eligible for accommodation(s)
- “disabled” + can “perform essential job functions.”
if an individual can not meet BOTH conditions, you may conclude that the individual is not covered and you may not have to provide accommodations.
Two Supreme Court cases of which the trajectory of the decisions has been reversed due to amended ADA.
Sutton v. United Airlines
Toyota Motor Manufacturing v. Williams
ADAAA specifically states that these are not physical or mental impairments.
Homosexuality
bisexuality
transvestitism
compulsive gambling
Complaints against employer for violating individual’s reasonable accommodations process are filed with…
.. the US Department of Labor / EEOC
Exceptions to Genetic Information Nondiscrimination Act of 2008 (GINA)
- ER requires family medical history
- Wellness programs
- FMLA compliance
- purchase of commercially available information
- monitoring toxic workplace effects
Who needs to follow GINA
- all private employers with 15 or more employees
- employment agencies
- labor unions
- joint labor-management training programs
Who enforces GINA
EEOC
Lilly Ledbetter Fair Pay Act of 2009 derives from this case reversal
Ledbetter v. Goodyear tire & Rubber Co.
Lilly Ledbetter Fair Pay Act of 2009 amends the following laws/acts
- Title VII of Civil Rights Act of 1964
- Americans with Disabilities Act of 1990
- Vocational Rehabilitation Rehab Act of 1973
- Age Discrimination in Employment Act of 1967
Main provisions of Lilly Ledbetter Fair Pay Act of 2009
The statute of limitations (180 or 300 days, depending on the state) starts each time an employe receives a paycheck based on an unlawful or discriminatory decision.
A regulatory/ procedural document that is published in several places in the Code of Federal Regulations.
(29 C.F.R. Part 1607 and 41 CFR Part 60-3)
Uniform Guidelines on Employee Selection Procedures (1978)
When does adverse impact occurs during the selection process (rate).
Adverse impact occurs when the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate.
This is commonly known as the 80% rule or four-fifths (4/5s) rule.
Calculate adverse impact:
20 of 40 = 50% of interviewed males were hired
6 of 30 = 20% of the interviewed females were hired
Step 2. Identify the group with the highest selection rate. (Males at 50%). This is your majority group.
Step 3. Divide the lowest selection rate (minority group) by the highest selection rate (majority group). 20/50=40%
Step 3. Adverse impact is indicated since the selection rate of the minority is less than 80%.
Employer alternatives, when the 80% rule is violated and adverse impact occurs.
- Analyze data to determine if there is, in fact, adverse impact. This may include both statistical and practical analyses (BFOQ reasons)
- Abandon the bad procedure / practice
- Modify the procedure / practice to eliminate adverse impact
- Validate the job-relatedness of the selection procedure
- Justify the procedure as a business necessity.
What does form I-9 verifies
Identity and right to working the U.S.
Executive Order 12989 and Federal Acquisition Regulation (FAR) require that federal contractors must use what to check the employment eligibility.
regular final rule from September 8, 2009
E-Verify
Who selects which document(s) are presented to the employer as part of the I-9 verification process?
- employee or
- employer
The employee.
The employer may not specifically which documents must be presented.
List of acceptable documents (Column A) that establish both identity and employment authorization.
(all documents must be unexpired)
- U.S. Passport or U.S. Passport Card
- Permanent Resident Card or Alien Registration Receipt Card w/photo
(Form I-551) - Foreign passport that contains a temp. I-551 stamp or temp. I-551 printed notation on a machine-readable immigrant visa
- Employment Authorization Document that contains a photo (I-766)
- Foreign passport with From I-94 or Form I-94A.
List of Acceptable documents for Identity Only (Column B)
Form I-9
- State driver’s license with photo ID
- Federal. state or local gov. agency ID card with Photo
- School ID with photo
- Voter’s registration Card
- Military card or draft record
- Native American tribal document
- Canadian driver’s license
- Special documents for under age (school, clinic, doctor, hospital record)
List of acceptable I-9 Documents for Right to Work Only (Column C)
- Social Security Card (Original)
- Certificate of Birth Abroad issued by Dept State (Form FS-545 or DS-1350)
- Original/certified copy of a state issued birth certificate
- Native American tribal documents
- U.S. citizen ID card, Form I-197
- Unexpired employment authorization card issued by DHS not listed in column A
Two type of visas
- “immigrant Visas’ known as “green card”
- “Nonimmigrant Visas” known as Temporary
Three employment-based immigrant visa categories
- First preference, priority workers (EB-1)
- Second preference, EB-2
- Third preference, EB-3
EB-1 Visa workeres
- Extraordinary ability
- Outstanding professors and researchers
- Certain multinational Managers and Executives
Employers do not need to test the U.S. labor market or file a labor certification application.
EB-2 Visas workers
- Professionals with advanced degrees (master and above)
- Aliens with extraordinary ability: Arts, science, eduction, athletes, or business
- Extraordinary ability must be demonstrated by sustained national or international recognition and acclaim.
EB-3 Workers
- Don’t hold an advanced degree (at least Bachelor’s degree) or exceptional ability (at least 2 years of training or experience)
- Professionals
- Skilled workers
- Other workers (Unskilled labor such as domestic and nannies)
Nonimmigrant Visas
- Business Visitor: B1
- Specialty Occupation Workers: H-1B
- Intracompany Transferee: L-1
- Treaty Investors and Traders: E-1 and E2
- Australian Free Trade/Specialty Occupation Workers: E3
- Students: F-1
- Exchange Visitors: J-1
- North American Free Trade Agreement (NAFTA): TN
- Cultural exchange: O and Q visas
A temporary nonimmigrant work visa by which employers hire and retain highly skilled foreign workers, usually thoese working in the specialty occupations that require theoretical or technical expertise in specialized fields.
H-1B nonimmigrant work visa
H-1B nonimmigrant work visa application process and documentation
- individuals cannot apply, the U.S. employer must petition
- pay the H-1B worker at least the higher of the wage to workers in same organization or “prevailing wage”
- Ensure H-1B recruitment will not adversely affect resident citizen recruiting and hiring
- Assure there is no strike or lockout at time of LCA (Labor Condition Application)
- maintain appropriate records for inspection by Department of Labor
What is the annual “cap” for the H-1B visas?
65,000
H-1B nonimmigrants may be admitted for a period of up to ___ years.
The time period may be extended but generally cannot go beyond a total of __ years.
3
6
Worker Adjustment and Retraining Notification Act of 1988 (WARN) applies to employer who employe how many?
100 or more
- full time employee, or
- full-time and part-time employees who, together, work at least 4,000 hours or more per week
WARN Act standards for part-time employee
- one who works less than 20 hour-per-week
- employe less than 6 month
WARN Act defines employment loss.
- involuntary termination of employment (other than for cause, resignation or retirement), a layoff exceeding six month, or at least 50% reduction in work hours for each month of a six-month period.
Part time employee are not counted in the required 50 or 500 threshold.
WARN Act definition of “plant closing”
- Temporary or permanent shutdown
- Single or multiple sites
- 50 or more full-time employees affected in a 30-day period
WARN Act definition of “mass layoff”
- reduction in force, which is not a plant closing
- 50 or more full-time employees affected in a 30-day period, or
- 33% of the active workforce at the employment site
- 500 or more full-time employees in all sites
- part time employees not counted
- a worksite can a department
Exception to WARN Act
- Faltering company
- Unforeseeable business circumstances
- Natural disaster
Findings of Gross v. Hale-Halsell Co. (2009)
The Tenth Circuit Court of Appeals held that the employer a grocery wholesaler) was forced to lay off over 200 employees when its largest customer suddenly dropped its account. The court held that the employer had no choice but to lay its employees off and it gave as much notice as was practicable under the circumstances.
A Court Case that demonstrated the unforeseeable business circumstances exception to WARN act.
Gross v. Hale-Halsell C. (2009)
Precedent-setting sexual harassment cases
- Meritor Savings Bank v. Vinson (1986)
- Harris v. Forklift Systems, Inc. (1993)
- Oncale v. Sundowner Offshore Service, Inc. (1998)
- Faragher v. City of Boca Raton (1998)
- Ellerth v. Burlington Northern Industries (1998)
- Pennsylvania State Police v. Suders (2004)
List internal recruiting methods.
- Job posting
- Job bidding
- Skill banks and skill tracking systems
- Employee referrals
List external recruiting methods.
- Former employees
- Previous applicants
- Labor Unions
- Trade and professional associations
- Walk-inns
- The Internet
- Social media
- Third-party sources
- Media advertising
- Educational recruiting
- School-to-work programs
- Minority recruiting
- Nontraditional labor pools
Types of Preemployment tests.
- Cognitive ability tests
- Personality tests
- Aptitude tests
- Psychomotor tests
- Assessment centers
- ## Honesty/integrity tests
Precedent-setting reverse discrimination cases
- Regents of the University of California v. Bakke (1978)
- United Steelworkers v. Weber (1979)
- Johnson v. Santa Clara County Transportation Agency (1987)
- Taxman v. Board of Education of Piscataway (1993)
- Grutter v. Bollinger and Gratz v. Bollinger (2003)
- General Dynamics Land Systems, Inc., v. Cline (2004)
- Ricci v. DeStefano (2009)
In accordance to the Congressional Accountability Act of 1995 the Congress must comply with what 11 pieces of legislation?
- Fair Labor Standards Act of 1938
- Title VII of the Civil Rights Act of 1964, as amended in 1991
- Occupational Safety and Health Act of 1970
- Americans with Disabilities Act of 1990
- Family and Medical Leave Act of 1978
- Civil Service Reform Act of 1978
- Age discrimination in Employment Act of 1967
- Employee Polygraph Protection Act of 1988
- Worker Adjustment and Retraining Notification Act of 1988
- Rehabilitation Act of 1973
- Veterans Reemployment Act
A claim under Title VII of the 1964 Civil Rights Act must be filed within how many days after the commission of the alleged discriminatory practice.
How many in deferral states?
180
300 (The state agency must be given the opportunity to investigate and/or close its file prior to the expiration of the 300 days)
If the EEOC determines that there is no reasonable cause
- The charging party is given notice of the right to sue within 90 days, from the date of receipt of the dismissal and Notice of Rights letter, allowing the charging party to file suit in federal court if he or she chooses.
If the EEOC determines that there is a reasonable cause and if the charge is not settled.
- the private right to litigate must be exercised within 90 days of the date form the date of receipt oft eh EEOC’s notice of finding and right-to-sue letter.
If the EEOC does not make a determination.
- the charging party has the right to request a right-to-sue letter after 180 days
- once the right-to-sue letter has been issued, the charging party must file suit in court within 90 days.
Which of the following statements about Title VII of the Civil Rights Act of 1964 is true?
a. ) It prohibits discrimination based on race, color, religion, sex, or national origin.
b. ) It removes the limits, or “caps,” on damages awarded for intentional discrimination on the basis of gender, religion, or disability.
c. ) It prohibits employers from giving temporary preference to any underrepresented protected class.
d. ) It prohibits discrimination based on race, color, national origin, religion, and age
a.) It prohibits discrimination based on race, color, religion, sex, or national origin.
Which federal agency was established to investigate charges of discrimination under Title VII?
a. ) NLRB
b. ) Workers’ Compensation Board
c. ) EEOC
d. ) ADA Board
c.) EEOC
Which court ruling creates a safe harbor from punitive damages for employers with good-faith antidiscrimination practices?
a. ) Faragher v. City of Boca Raton
b. ) Kolstad v. American Dental Association
c. ) Meritor Savings Bank v. Vinson
d. ) General Dynamics Land Systems v. Cline
b.) Kolstad v. American Dental Association
Which legislation prohibits mandatory retirement based on age?
a. ) Older Worker’s Benefit Protection Act (1990)
b. ) Age Discrimination in Employment Act (1967)
c. ) Rehabilitation Act (1973)
d. ) Title I of the Americans with Disabilities Act (1990)
b.) Age Discrimination in Employment Act (1967)
The Rehabilitation Act of 1973 prohibits discrimination on the basis of
a. ) age.
b. ) disability.
c. ) gender.
d. ) national origin.
b.) disability
Which of the following statements about the Americans with Disabilities Act is true?
a. ) It deals exclusively with employment issues for the disabled.
b. ) A reasonable accommodation could include hiring an interpreter for a job interview with a deaf applicant.
c. ) Employers can no longer claim “undue hardship” to escape making the workplace accessible to disabled workers.
d. ) Current drug users are considered disabled under the definition in the act.
b.) A reasonable accommodation could include hiring an interpreter for a job interview with a deaf applicant.
The Pregnancy Discrimination Act of 1978 requires employers to treat pregnancy
a. ) under the provisions for protected classes.
b. ) the same as any other temporary disability.
c. ) under existing provisions for a long-term disability.
d. ) as a reasonable ADA accommodation.
b.) the same as any other temporary disability.
Which of the following documents establishes a worker’s identity and employment authorization for Form I-9?
a. ) U.S. passport
b. ) Driver’s license with photo ID
c. ) U.S. birth certificate
d. ) U.S. military card
a.) U.S. passport
Under the Immigration Reform and Control Act of 1986, which of the following establishes employment authorization?
a. ) U.S. military card
b. ) Government ID card
c. ) U.S. Social Security card
d. ) Driver’s license with photo ID
c.) U.S. Social Security card
Under the EEOC’s selection guidelines, adverse impact occurs when the selection rate for a protected class is less than what percentage of that for the group with the highest selection rate?
a. ) 20%
b. ) 50%
c. ) 67%
d. ) 80%
d.) 80%
Which legislation protects workers displaced in the merger of two corporations?
a. ) Worker Adjustment and Retraining Notification Act
b. ) Uniform Guidelines on Employee Selection Procedures
c. ) Executive Order 11246
d. ) Immigration Reform and Control Act
a.) Worker Adjustment and Retraining Notification Act
What is the MOST likely outcome if no reasonable cause is found during the EEOC complaint process?
a. ) The EEOC recommends private legal action.
b. ) The EEOC dismisses all charges.
c. ) The EEOC ends its involvement.
d. ) The EEOC mediates conciliation efforts.
c.) The EEOC ends its involvement.
Examptions to Employee Polygraph Protection Act of 1988
- Federal, state, and local governments
- Federal contractors engaged in national security intelligence functions
only polygraph test - no other lie detector test: - Employees who are reasonably suspected of involvement in an economic loss to the employer
- Prospective employees of armored car, security alarm, guard firms
- Prospective employees of pharmaceutical manufacturers
Fines for employers who violate the Employee Polygraph Protections Act of 1988.
- fine up to $10,000
- lost wages and benefits recovery
- attorney’s fess
- court costs
- equitable relief such as reinstatement and promotion
According to Consumer Credit Protection Act of 1968 what are the garnishment limits.
- generally 25% of disposable pay
- 50% of worker’s pay to court orders for child support or alimony
- 60% if the worker is supporting another spouse or child
- additional 5% for support payments more than 12 weeks in arrears
- restrictions do not apply to certain bankruptcy court orders.
Requirement to Fair Credit Reporting Act (FCRA) of 970.
- Written notice and authorization
- Employers to provide applicant a copy of derogatory information used for adverse actions.
- Certifications to credit bureaus
- Penalties for willful noncompliance:
•Recover actual damages from $100 - $1,000.
•Punitive damages.
•Court costs and attorneys’ fees.
What are the amendments to Fair Credit Reporting Act (FCRA) of 1970 as implemented by Fair and Accurate Credit Transaction Act (FACT Act) of 2003.
Under the FACT Act, an employer who uses a third party to conduct a workplace investigation no longer needs to follow the consent and disclosure requirements of the FCRA before commencing the investigation if the investigation involves suspected misconduct, a violation of law or regulations, or a violation of any preexisting written policies of the employer.
The employer must subsequently disclose to the employee a “summary construing the nature and substance of the communication upon which the adverse action is based.
What are the amendment to FCRA by Dodd-Frank Wall Street Reform and Consumer Protection Act
Any adverse action is taken against an applicant/employee, because of information contained in a consumer report, the employer must provide the applicant/employee with notice of the adverse action as well as:
- The individual’s credit score that was used.
- The range of credit scores possible under the credit scoring model used.
- Each of the factors that adversely affected the individual’s credit score
- The date the score was created.
- The name of the consumer reporting agency or person that furnished the credit score.
List key legislations affecting privacy and consumer protection
- Privacy Act of 1974
- Employee Polygraph Protection Act of 1988
- Consumer Credit Protection Act of 1968
- Fair Credit Reporting Act of 1970
- Fair and Accurate Credit Transaction Act of 2003
- Amendment to FCRA by Dodd-Frank Wall Street Reform (2011)and Consumer Protection Act (Section 615)
An employer can request that a polygraph test be taken by
a. ) an employee applying for a public relations position.
b. ) a clerical employee who has entered treatment for substance abuse.
c. ) an accountant whose department is under scrutiny for embezzlement.
d. ) a recovering alcoholic who is seeking a post as a newspaper reporter.
c.) an accountant whose department is under scrutiny for embezzlement.
Which statement best describes the provisions of the Consumer Credit Protection Act?
a. ) Employers are prohibited from terminating an employee for one single indebtedness.
b. ) Employees must provide a signed release “authorizing payroll deductions.
c. ) Employers have strict legal obligations regarding disclosure of an employee’s financial information.
d. ) Employees can set the amount of wages that can be garnished or withheld by an employer.
a.) Employers are prohibited from terminating an employee for one single indebtedness.
According to provisions of the Fair Credit Reporting Act, an organization may obtain credit information about an employee before offering a promotion if the individual
a. ) is a rehabilitated drug offender.
b. ) is provided written notice and gives authorization.
c. ) refuses to take a polygraph test.
d. ) volunteers information about being in arrears for child support.
b.) is provided written notice and gives authorization.
List characteristics protected by EEO.
- Race
- Color
- Religion
- Sex
- National Origin
- Age
- Pregnancy
- Veteran status
- Disability
- Genetics
List 3 types of discrimination.
- disparate treatment
- disparate impact (adverse impact)
- perpetuating the effects of past discriminatory policies
Examples of disparate treatment.
- direct discrimination
- unequal treatment
- intentional
- prejudiced actions
- different standards for different groups
Examples of disparate (adverse) impact.
- indirect discrimination
- unequal consequences or results
- unintentional
- neutral actions
- same standards but different consequences
Type of EEO reporting forms.
EEO-1 - private business, annually by Sept 30
EEO-2 - Joint apprenticeships
EEO-2,A - Unilateral apprenticeships
EEO-3 - Local unions, filed in even-numbered years by Dec 31
EEO-4 - State and local governments, filed in odd-number years by Sep 30
EEO-5 - Public elementary and secondary schools
IPEDS - Colleges and universities (formerly known as EEO-6)
Who is required to file annual EEO reports
- Private employers with 100 or more employees
- Federal contractors with at least 50 employees and a federal contract or subcontract of $50,000 or more
EEO-1 form breakdown by:
- job category
- race
- gender
- ethnicity
The annual EEO-1 reporting form breaks down the workforce by the following job categories:
–Executive/senior-level officials and managers. –First-mid level officials and managers. –Professionals. –Technicians. –Sales workers. –Administrative support workers. –Craft workers (skilled). –Operatives workers (semiskilled). –Labors (unskilled). –Service workers.
What are the race and ethnicity categories, according to EEOC (required for the EEO-1 report)
- White.
- Hispanic or Latino
- Black or African American.
- Native Hawaiian or other Pacific Islander.
- Asian.
- American Indian or Alaska Native.
- Two or more races.
Who is required to follow Affirmative Actions Plans (AAPs).
- Certain federal contractors and subcontractors with 50 or more employees and $50,000 or more in contracts
- Any financial institution (i.e.. bank) that is a member of the federal banking system.
- otherwise, voluntary
AAPs components of Executive Order 11246
- Statistical Component
- Narrative Component
Elements of the Statistical Component of the Executive Order 11246 AAPs:
- Organizational profile
- Job group analysis
- Availability analysis
Elements of the Narrative Component of the Executive Orders 11246 AAPs:
- Placement goals
- Action-oriented programs
- Designation of responsibility
- Identification of problem areas
- Description of the internal audit and reporting system
It captures certain statistical analyses of the organization’s workforce; it also provides simple numerical tallies and percentages of organizational staffing.
The statistical component of the Executive Order 11246 AAPs.
Describes an organization’s programs, policies, and procedures designated to ensure that all individuals have equal opportunities in all employment decisions and practices; it also describes the elements of the organization’s affirmative action program and good-faith effort and action-oriented programs designed to address any identified areas.
The narrative component of the Executive Order 11246 AAPs
It examines minorities/women with requisite skills living in the recruitment area, for each job group.
External availability in the availability analysis of the AAP.
Examines minorities/women who are promotable, transferable, and trainable within the facility.
Internal availability in the availability analysis of AAP.
Statistical methods used to calculate availability analysis.
- the “any difference rule”
- the “80% rule (the “four-fifths rule”)
- the “two standard deviations analysis”
In AAP, having a smaller proportion of women or minorities than is indicated by their availability.
Underutilization
Who is charged with enforcing federal laws ad regulations on EEO and affirmative action, conducts compliance evaluations (or audits) to ensure that all affirmative action regulatory requirements are being met.
Office of Federal Contract Compliance Programs (OFCCP) of the Department of Labor (OFCCP)
Four type of AAP audits
(from most to least extensive)
- Compliance review
- Off-site review
- Compliance check
- Focused review
Consists of a comprehensive analysis and evaluation of the hiring and employment practices of a contractor, the written AAp, and the results of AA efforts. Most comprehensive. Desk audit may proceed t an on-site review to further analyze area
Compliance review AA audit
Consists of an abbreviated review of a contractor’s record-keeping practices to ensure compliance with the affirmative action regulations.
Compliance check AA audit
Consists of an on-site review focused on or restricted to one or more components of the contractor’s organization, employment practices, or policy implementation.
Focused review AA audit
Consists of analysis and evaluation of the AAP and supporting documentation and other documents related to the contractor’s personnel policies and employment actions. This is typically done at the office of the CO with documents provided by the contractor.
Off-site review AA audit.
Who may be audited by the OFCCP to ensure their AA compliance.
•A random selection from a database.
•In response to a sudden surge in discrimination complaints.
•In response to pressure from community groups.
•A member of the construction industry.
•A first-time federal contractor.
•A large-dollar (usually $10 million or more) contractor with large contract.
- all federal contractors should be prepared to be audited at any time.
What two HR issues the relationship between an employee and employer can affect:
- Absenteeism
- Turnover
Employee performance is impacted by the following:
- Expectatins
- job satisfaction
- commitment
- engagement
- loyalty
The performance equation:
Performance (P) = Ability (A) x Effort (E) x Support (S)
What is motivation
- Desire within a person causing that person to act
- Is a goal-directed drive
A statement that provides the overall value of working for a company in exchange for the employee’s skills. Qualifications and time.
Employer value proposition.
A type of branding strategy
A manufacturing plant is hiring drivers. Female applicants must score 4 out of 5 on the forklift driving test, and male employees must score only 3 out of 5. This is an example of:
Disparate treatment
Difference between
Disparate treatment and
Disparate impact
Disparate treatment is intentional
Disparate impact is unintentional.
Which
Cognitive Ability Test
The use of pre-employment tests has become more prevalent in recent years. These tests take many forms and have a variety of purposes. Some selection tests to be aware of include:
Aptitude tests are designed to measure an individual’s knowledge and ability to apply skills in various areas, such as mathematics, typing, language, and reasoning.
Cognitive Ability Tests (CATs) measure an individual’s ability to analyze and solve problems and draw conclusions from a set of facts. They also measure an individual’s potential for learning, thinking, and remembering.
Personality or psychometric tests assess how a candidate will “fit” into a specific job.
Integrity Tests, also known as honesty tests, assess a candidate’s work ethic, attitudes toward theft and drug and alcohol use, and similar traits.
Psychomotor assessment tests measure an individual’s coordination and manual dexterity.
Physical assessment tests are used to determine whether candidates are physically capable of performing specific job duties.
A manager always hires young, attractive women as receptionists. This is an example of:
a. ) disparate treatment
b. ) adverse impact
c. ) reverse discrimination
d. ) sexual harassment
a.) disparate treatment
In Washington v. Davis, the Supreme Court ruled that:
a. ) a test that has an adverse impact against a protected class is legal if it is job-related.
b. ) a test used for promotion or selection of employees must be a valid job predictor.
c. ) an employer must demonstrate a lack of discriminatory intent.
d. ) the burden of proof lies with the employee to show that any employment requirement is directly job-related.
a.) a test that has an adverse impact against a protected class is legal if it is job-related.
“An African-American is asked to fill out an EEO applicant flow form declaring race and ethnicity. Which of the following statements about this situation is true?
a. ) The request violates EEO regulations.
b. ) Compliance is mandatory.
c. ) The person making the hiring decision cannot be given the form.
d. ) The form may be incorporated in the employee’s file if the applicant
c.) The person making the hiring decision cannot be given the form.
As it pertains to AAP, it provides data on the proportion of current employees in protected classes by job title within a department or organizational unit.
Workforce analysis
It assesses the number of potential employees from protected classes.
Availability analysis
This OFCCP activity focuses on the promotion of minorities and women to senior- level positions.
Corporate management compliance evaluation.
Turnover analysis
Total separations for the year: 65
Total number of employees (all months together): 2,704
- divide total number of employees by 12 months
2,704:12= 225 - divide total number of separations by the average number of employees per month
65:225= 28.9%
