Workforce Planning and Employment Flashcards
unlawful employment practices
those that have an adverse impact on members of a protected class
protected class
group of people who share common characteristics and are protected from discriminatory practices
disparate treatment
happens when employers treat some candidates or employees differently, such as requiring women to take a driving test when they apply for a job but not requiring men to take the test when they apply for the same job
disparate impact
practices that seem fair on their face but result in adverse impact on members of protected classes, such as requiring all candidates for firefighter positions to be a certain height. OK if it’s a BFOQ.
Griggs v. Duke Power.
Burden of proof is on the complainant when there is a job-related business necessity for employment actions. When an individual alleges multiple discriminatory acts, each practice in itself must be discriminatory unless the employer’s decision making process can’t be separated, in which case the individual may challenge the decision-making process itself.
Unlawful Employment Practices Under Title VII of the Civil Rights Act of 1964
Also defined the following unlawful employment practices:
1. Discriminatory recruiting, selection, or hiring actions.
2 Discriminatory compensation or benefit practices.
3. Discriminatory access to training or apprenticeship programs.
4. Discriminatory practices in any other terms or conditions of employment.
Legitimate seniority, merit, and piece-rate payment systems are allowable as long as they don’t intentionally discriminate against protected classes.
Title VII created the EEOC.
When is it OK not to follow Title VII?
- BFOQs
- Religious orgs may give preference to members of the religion
- A potential employee who is unable to obtain, or loses, a national security clearance required for the position isn’t protected.
- Indian reservations may give preference to Native Americans living on or near the reservation
Bona Fide Occupational Qualifications (BFOQ)
occur when religion, sex, or national origin is reasonably necessary to the normal operation of the business and discrimination in these cases does not violate Title VII - women RAs, priest for Catholic church
Race is never a BFOQ
Equal Employment Opportunity Commission (EEOC)
Created by Title VII. Mandated to promote equal employment opportunity, educate employers, provide technical assistance, and stud and report on its activities to congress and the American people. The enforcement agency for Title VII and other discrimination legislation.
Equal Employment Opportunity Act (EEOA) of 1972
Provides litigation authority to the EEOC in the event that an acceptable conciliation agreement can’t be reached. In those cases, the EEOC is empowered to sue nongovernmental entities, including employers, unions, and employment agencies. Extended Title VII coverage to educational institutions, state and local governments, and the federal government. Also reduced the number of employees from 25 to 15 required to keep records. Also provided protection from retaliatory employment actions for whistleblowers.
EEOA Complaints
Employers must be notified within 10 days of receipt of a charge by the EEOC and that findings must be issued within 120 days of a charge being filed. EEOA empowered EEOC to sue employers, unions, and employment agencies in the event that an acceptable reconciliation agreement couldn’t be reached within 30 days of notice to the employer.
Pregnancy Discrimination Act of 1978
Amended Title VII to clarify that discrimination against women on the basis of pregnancy, childbirth, or any related medical condition is an unlawful employment practice. Pregnant employees should receive the same treatment and benefits as employees with any other short-term disability.
Age Discrimination in Employment Act (ADEA) of 1967
Purpose is to promote employment of older persons based on their ability rather than age and to prohibit arbitrary age discrimination in employment and to help employers and workers find ways of meeting problems arising from impact of age on employment. Prohibits discrimination against persons 40 years old or older in employment activities such as hiring, job assignments, training, promotion, compensation, benefits, terminating, or any other privileges, terms, or conditions of employment. Applies to businesses, unions, employment agencies, and state and local governments with 20 or more employees. Exceptions are: BFOQs, firefighters or police officers, retirement of employees age 65 or older who have been in executive positions for at least 2 years and are eligible for retirement benefits of at least $44k per year, retirement of tenured employees at educational institutions at age 70, and discharge or discipline for just cause. A waiver of rights is allowed if valuable consideration is exchanged and must include the following elements: advice to consult an attorney before signing, 21 days to review and consider, and 7 days in which the agreement may be revoked. If there is an exit incentive involved, there must be 45 days to consider the agreement, a list of eligibility factors for the group or individuals affected by the employment action, and a list of the job titles and ages of all individuals participating in the program as well as those who weren’t selected for the program. If someone thinks they were subjected to an unlawful employment practice, they must file a complaint with the EEOC.
Filing Times for EEO Complaints
- IF the state has a Fair Employment Practice Agency (FEPA), the individual has 300 days to file.
- If the state has no FEPA, the individual has 180 days to file.
- If the EEOC doesn’t file a civil suit or enter into a conciliation agreement within 180 days of the initial charge, the complaining individual is notified and may file a civil suit within 90 days of receiving the notification.
- Once an individual has filed a charge with the EEOC, there is a 60-day waiting period before the individual may request a right-to-sue letter. This request ends the EEOC investigation and requires the individual to file a civil action within 90 days or lose the right to pursue this claim in the future.
Americans with Disabilities Act (ADA) of 1990
Covered entities: employment agencies, labor unions, joint labor-management committees, and employers with 15 or more employees. Excludes the federal government and private membership clubs.
Prohibits discrimination in job application, hiring, advancement, or discharge, compensation, training, and other terms, conditions,and privileges of employment.
Requires covered entities to make reasonable accommodation to develop employment opportunities for qualified persons with disabilities in two areas:
1. Facilities should be accessible to persons with disabilities.
2. Position requirements may be adjusted to accommodate qualified persons with disabilities.
Accommodations constituting an undue hardship aren’t required.
undue hardship
Accommodation that places an excessive burden on the employer. Consider cost, financial resources of the organization, size of the organization, and other similar factors.
ADA Amendments Act of 2008
Congress toook the action to clarify the intention of the original legislation, which was to make the dfinition of disability consistent with the way the courts had defined the term. Legislation:
- Broadly defines disability
- Defines major life activity
- Ignores mitigating measures - anything that helps cope except ordinary glasses or contacts such as medication, prosthetics, etc
- Clarifies the definition of “regarded as”
- Explicitly authorizes the EEOC to regulate compliance
- Prohibits “Reverse Discrimination” Claims - Individuals without disability may not use the ADA to file claims of discrimination when disabled individuals receive favorable employment actions.
disability
A physical or mental impairment that causes substantial limitations to one or more major life activities for an individual, a record of impairment for an individual, or an individual who is regarded as being impaired
major life activity
defined as anything affecting general activities (self care, seeing, hearing, eating, sleeping, breathing, learning, reading, concentrating, etc) and major bodily functions (immune, cell growth, digestive, neurological, brain, respiratory, circulatory, endocrine, reproductive)
regarded as (within the ADA)
Requires that individuals who are able to demonstrate that they have been the subject of prohibited activities under the ADA, whether or not they actually have an impairment, are protected by its requirements
What was the purpose of the Civil Rights Act (CRA) of 1991?
- Provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace.
- To codify the concepts of “business necessity” and “job related” articulated by the Supreme Court in Griggs v. Duke Power
- To confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under Title VII of the Civil Rights Act of 1964.
- To respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.
Maximum CRA Punitive Damage Award for 15-100 Employees
$50,000
Maximum CRA Punitive Damage Award for 101-200 Employees
$100,000
Maximum CRA Punitive Damage Award for 201-500 Employees
$200,000
Maximum CRA Punitive Damage Award for 501+ Employees
$300,000
Genetic Information Nondiscrimination Act (GINA) of 2008
Prohibits employers from unlawfully discriminating against employees or their family members in any of the terms or conditions of employment included in Title VII. Defines genetic information as the results of genetic tests for employees and their family members or as information about genetic diseases or disorders revealed through genetic testing. The act makes it unlawful for employers to request, require, or purchase genetic information but doesn’t penalize them for inadvertently obtaining the information.
Rehabilitation Act of 1973
Expanded the opportunities available for persons with physical or mental disabilities. Applies to agencies of the federal government and federal contractors. EEOC has enforcement responsibility, but individuals who think a federal contractor has violated the requirements should file complaints with the DOL through the Office of Federal Contract Compliance Programs (OFCCP)
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA )of 1974
Applies to federal contractors or subcontractors with contracts of $25k or more. Requires them to list all job openings with state employment agencies unless they are for senior-level management positions, positions that will be filled from within, or potions lasting 3 days or less. State employment agencies are required to give priority to Vietnam-era veterans when providing referrals to these openings.
A Vietnam-era vet is one who served between Aug 5, 1964 - May 7, 1975. Act provides additional protections for special disabled veterans.
Executive Order 11246
1965 - Prohibits employment discrimination on the basis of race, creed, color, or national origin and requires affirmative steps be taken in advertising jobs, recruiting, employing, training, promotion, compensation, and terminating employees.
Executive Order 11375
1967 - Expanded coverage for protected classes to include discrimination on the basis of sex.
Executive Order 11478
1969 - Added handicapped individuals and persons 40 years or older to the list of protected classes.
Executive Order 12138
1979 - National Women’s Business Enterprise policy was created. Required federal contractors and subcontractors to take affirmative steps to promote and support women’s business enterprises.
Executive Order 13087
1998 - Expanded protected classes to include sexual orientation.
Executive Order 13152
2000 - Added “status as a parent” to the list of protected classes. Protects those who must care for an individual who is under the age of 18 or who is 18 or older but incapable of self-care because of a physical or mental disability from employment discrimination. Broadly defines parent as biological, adoptive, foster, or stepparent, or legal custodian, or one who is acting as a parent, or one who is actively seeking legal custody or adoption of a child.
Executive Order 13279
Limited the impact of previous EOs on faith based an community orgs providing social services as federal contractors or subcontractors.
EO Levels of Compliance
- Contracts of $10k or more - prohibits employment discrimination and requires affirmative action in employment actions
- Contracts of $50k or more and 50+ employees - requires a written Affirmative Action Plan (AAP) developed within 120 days from the origination of the contract.
Due Date of EEO-1 Report
September 30th of each year
Who must complete an EEO-1 Report?
All private employers subject to Title VII with 100 or more employees except:
- state and local governments
- primary and secondary school systems
- institutions of higher learning
- indian tribes
- tax exempt private membership clubs (not labor organizations)
All federal contractors and subcontractors between 50-100 employees which:
- have contracts of $50k+
- are depositories of government funds
- issue or pay US savings bonds or notes
What agencies get the EEO-1 report?
EEOC and OFCCP
What data goes on an EEO-1 report?
Employment data from any pay period during July, August, or September of that year
What data is required on an EEO-1 report if the company has multiple locations?
- Headquarters Report - employment data for the principal office of the organization.
- Establishment Report - required for each location with 50 or more employees
- Establishment List - if a location has fewer than 50 employees, they can submit either an Establishment Report or an Establishment List. List must include name, address, and total number of employees for each location with employment data grid combining data by race, sex, and job category.
- Consolidated Report - Data from all individual location reports is combined on the Consolidated Report. Total number of employees on this report must be equal to data submitted on individual reports.
Parent companies report for subsidiaries.
Race and Ethnicity Categories on EEO-1
- Hispanic or Latino
- White (Non Hispanic or Latino)
- Black or African American (not Hispanic or Latino)
- Native Hawaiian or Other Pacific Islander (not Hispanic or Latino)
- Asian (not Hispanic or Latino)
- American Indian or Alaskan Native (not Hispanic or Latino)
- Two or More Races (not Hispanic or Latino)
Job Categories for EEO-1
- Executive/Senior Level Officials and Managers
- First/Mid-Level Officials and Mangers
- Professionals
- Technicians
- Sales Workers
- Administrative Support Workers
- Craft Workers
- Operatives
- Laborers and Helpers
- Service Workers
Affirmative Action Plans (AAP)
Determined by the OFCCP. Include:
- Organization Profile
- Job Group Analysis
- Placement of Incumbents in Job Groups
- Determination of Availability
- Comparison of Incumbency to Availability
- Placement Goals
- Designation of the Person Responsible for Implementation within the Business
- Identification of Problem Areas
- Action-oriented Programs
- Periodic Internal Audits
Organizational Profile (AAP)
Looks at how employees are placed in specific job titles and may be presented as a traditional organization chart or as a workforce analysis.
Workforce Analysis (AAP)
Lists job titles from the lowest to the highest paid within each department or work unit. For each title, the wage rate or salary grade is identified, along with the EEO-1 category, job group, and total number of employees holding that title. The analysis also breaks down the total number of employees into the number of males and females and the seven EEO-1 racial and ethnic descriptions.
Job Group Analysis (AAP)
Organizes jobs into groups established for the EEO-1 report. Employers list all their job titles that fall into each job group, as well as the number of employees in the job group, and identify the associated EEO-1 category.
Placement of Incumbents in Job Groups (AAP)
Lists each job group with the total number of incumbents in each group. The total is broken down into the number and percentage of females and the number and percentage of minorities in each group.
Determination of Availability (AAP)
Shows how many minorities or women with the required skills are available externally (within a reasonable recruiting area) for each job group, and the percentage of minorities or women available internally for promotion, transfer, or training into the job group. This report identifies the source used to gather the information (often Census data) , the weight placed on the source, the reason for weighting, and the statistics adjusted based on the weight assigned.
Comparison of Incumbency to Availability (AAP)
Most easily presented as a chart showing each job group with the percentage of female and minority incumbents compared to the availability.
Placement Goals (AAP)
Required if the comparison of incumbency to availability indicates that women and/or minorities are underrepresented in a job group. Under representation is determined by the 80% rule.
Designation of Responsibility for Implementation (AAP)
Provides the titles of employees with affirmative action responsibility and details the scope of responsibility for each title.
Action-Oriented Programs (AAP)
Problem areas are identified and corrective actions planed by the employer are described here. Include specific steps to be taken along with timelines to correct the identified problem areas.
Periodic Internal Audits (AAP)
Describes how the responsibilities detailed in the Designation of Responsibility for Implementation section will be monitored within the org.
Job Competencies
Guide interviewers in formulating questions that elicit information beyond specific tasks and responsibilities assigned to a specific job. This information helps determine ho well a candidate will fit into a particular work group and contribute to organization goals. Core competencies may be developed for traits the organization values and would like to see in all its employees, such as teamwork, communication, or customer focus. Job-specific competences are related to a specific role in the org.
Essential Job Functions
Well-defined essential job functions are important in the recruiting process to ensure that the org complies with EEO for all candidates, particularly those with disabilities.
Job Specifications
Another tool for interviewers, helping to further define expectations for performance. Candidates also use them to evaluate their interest in the position and assess how well they will be able to perform if hired.
advantages for promoting from within
- management has an opportunity to evaluate candidates and dtermine their suitability
- possibility for advancement can encourage future employees to maintain a high level of performance
- investing in employees through training and then providing advancement opportunities communicates that the org values and rewards their contributions.
- employees are acclimated to the org culture and procedures early in their careers
disadvantages for promoting from within
- danger that employees with little experience outside the org will have a myopic view of the industry
- employees who are past over will have lower morale and be less motivated
- when several people are being groomed for promotion, competition can lead to a breakdown in teamwork and jockeying for political position
- imbalances in diversity aren’t’ corrected
- recruiting costs are offset by increased training costs
advantages to hiring externally
- experienced professionals bring new ideas with them and can revitalize operations
- it’s usually easier and more cost effective to hire individuals with highly specialized skills than it is to develop them within the org
- if there is an urgent need for someone with particular skills, it’s faster to higher for those skills than provide on the job training
- looking outside the org provides opportunities to increase diversity
disadvantages to hiring externally
- current employees who have been passed over will likely have lower morale
- difficult to know how someone from outside will fit in an existing team
- new hires are unknowns
telecommuting
Allows employes to work from home and connect to the office electronically. Reduces number of employees required to be at the office and can allow employers to reduce overhead costs and contributes to reductions in energy consumption and traffic congestion.
job sharing
Allows two people with complementary skills to share duties and responsibilities of a full-time position.
part-time employees
work less than a regular workweek.
internship programs
Usually designed to give students opportunities to gain experience in their chosen fields prior to graduation. Successful programs provide meaningful work and learning experiences for the students, including opportunities to meet with senior execs. The student gains a valuable learning experience and the org benefits by developing low-cost access to employees and the chance to observe the intern’s performance prior to making an offer of employment.
traditional temporary worker
Individual is employed by an agency that screens and tests candidates prior to sending them to a work site for variable periods of time. Under certain circumstances, these assignments can be converted to a regular, open position. These arrangements allow orgs to observe and evaluate a worker’s performance prior to making an offer of full-time employment. (third-party contract)
on-call workers
Type of temporary worker. Employed by the org, available on short notice, and called to work only when they’re needed. (think substitute teacher - employed by school board).
payrolling
Allows an organization to refer to an agency those individuals they want to hire. The agency hires the individuals to work for the org and provides payroll and tax services for either a fixed fee or percentage of the salary. This is less than a temp agency fee.
seasonal workers
A type of temp worker. Hired only at times of the year when workload increases (Christmas or harvest season)
independent contractors
Self-employed individuals who work on a project or fee basis with multiple customers or clients. Both federal and state governments have guidelines to determine the difference between an independent contractor and an employee.
Standards include:
1. Behavioral controls - how the work is done, where it’s done, and who must perform it
2. Financial controls - reimbursement of expenses, investment in the business, services available to market or just one business, how the worker is paid.
3. Relationship between parties - existence of contract, benefits, permanency of relationship, business’s reliance on worker/services
contingent workforce
Type of contractor. Made up of non-traditional workers, including part time and seasonal as well as temporary or leased employees. Employment agencies or brokers will typically act as the employer of record, providing payroll, mandated benefits, and other services.
professional employer organization (PEO)
Operates as an org’s HR department. Becomes the employer of record and leases the employees back to the org. Provide full service HR, payroll, and benefits and can provide a costs-effective solution that enables smaller companies to offer benefits comparable to those offered by much larger orgs.
staffing needs analysis
translating strategic workforce goals and objectives into a tactical action plan; used to determine the number and types of jobs needed. KSAs available -> KSAs needed and how to get there.
Steps in Conducting a Staffing Needs Analysis
- Collect Data - KSAs available
- Identify Gaps - KSAs needed
- Analyze Options - Staffing sources
- Select/Implement Solution - Cost/Benefit Analysis then training. recruiting.
- Evaluate Results
Job Openings and Labor Turnover Survey (JOLTS)
Report provided by the Bureau of Labor Statistics. Analyzes open positions, hiring statistics, and terminations.
Labor Market Analysis
Looks at the ability of an org to hire qualified candidates. Includes economic indicators, industry activity, geography, tech skills, and education of labor market. Includes data relevant to the needs of the org and the types of employees and skills it’s seeking to hire.
sourcing
Provides names and contact information for potential candidates in the active and passive markets.
active job seekers
Seeking work and often attracted through traditional methods.
passive job seekers
Aren’t currently looking for work - locating requires identifying professional associations, or orgs likely to employ individuals with similar skills.
recruiting
The process of creating interest about open positions in an org and seeking candidates who possess the necessary qualifications to successfully fill them
skills inventory
An HR management tool used to collect and store information on special skills or knowledge, performance appraisals, foreign languages, educational qualifications, previous experience, credentials or licenses, CEUs, etc, about staff members. Useful for internal recruiting and employee development.
internal job posting
Internal job announcement that provides basic information about the opening, including the title, a brief description of the competencies, duties, responsibilities, and specs, salary range, and the application procedure.
job bidding
Internal job recruiting process. Provides a means by which interested employees express interest in a position before its available. This gives the supervisor and HR department an opportunity to review the job qualifications with the employee, provide training opportunities let the employee gain additional experience if needed to meet the position requirements, and the employee’s name to the replacement or succession plan as appropriate.
succession plan
Identifies the individuals in the org who have the talent and ability to move into management and executive positions in 1-5 years. Once these individuals are identified, dev plans are created to ensure that they’re mentored and have opportunities to obtain education, training, and experience in areas that will enhance their ability to move into senior positions when the organization needs them.
Uniform Guidelines on Employee Selection Procedures (UGESP)
Developed by the EEOC, the Civil Service Commission, the OFCCP, and the DOJ to assist employers in complying with the requirements of Title VII, EO 11246, and other EEO legislation. UGESP states that any selection tool that has an adverse impact against a protected class is discriminatory unless the employer can show that the tool is both job-related and a valid predictor of success in the position. The UGESP directs that if employers have access to more than one selection tool, the tool that has the least adverse impact is the one to use. Records are to be kept by sex, race, and ethnic group using the EEO-1 report categories.
adverse impact or 80% rule or 4/5ths rule
Required for UGESP reports. Occurs when the selection rate for protected class is less than 4/5ths or 80 percent of the selection rate for the group with the highest selection rate.
applicant
A person who has indicated an interest in being considered for hiring, promotion, or other employment opportunities. This interest might be expressed by completing an application form or might be expressed orally, depending on the employer’s practice. Per the UGESP:
- The employer has acted to fill a particular position
- The individual has followed the employer’s standard procedures for submitting applications
- The individual has indicated an interest in the particular position
disadvantages of resumes
Better to use a standard employment application because:
- difficult to compare qualifications
- not uniform style or format
- present info about candidate in most favorable light
- don’t contain all info necessary to determine whether the applicant is qualified for the position
employment applications
Considered employment tests by the EEOC. Employers must be certain that requested info is both job related and a valid predictor of success in the position. A key benefit to using a standard application is the inclusion of a statement signed by the applicant stating that all info contained in the doc is true and complete.
short-form employment application
Can be 1-5 pages. Often used by employees applying for transfers or promotions. Useful for prescreening candidates for positions with minimal skill requirements (entry level, minimum wage)
long-form employment application
Provides space for additional application related to the job requirements, such as advanced degrees and longer employment histories.
job-specific employment application
If the org hires a substantial number of employees for positions with similar requirements, the app form can be designed to gather specific info related to the position or profession. (nurses)
weighted employment application
Developed to assist recruiters in evaluating candidate qualifications. The form is developed using the job description; aspects of the job that are more important for success are given higher weights than other, less critical requirements. Weighted applications tend to reduce bias in the screening process, but they’re expensive to maintain because they must be redesigned whenever job requirements change.
screening interviews
After reviewing the application forms and choosing the applicants who meet the job specifications and candidate profile, the recruiter conducts screening interviews to decide which candidates to forward to the hiring manager. The purpose of these interviews is to both discover facts about the candidate and provide info about the position. The recruiter can assess the candidate’s interest in the position and begin the process of determining which candidates are the best fit. Screening interviews may be conducted by phone or in person, and are short, lasting from 15-30 minutes.
yield pyramid
Some employers use a recruiting yield pyramid to calculate the number of applicants they must generate to hire the required number of new employees. The company knows it needs 50 new entry-level accountants next year. From experience, the firm also knows the ratio of offers made to actual new hires is 2 to 1; about half the people to whom it makes offers accept them. Similarly, the firm knows that the ratio of candidates interviewed to offers made is 3 to 2, while the ratio of candidates invited for interviews to candidates actually interviewed is about 4 to 3. Finally, the firm knows that of six leads that come in from all its recruiting efforts, only one applicant typically gets an interview is a 6-to-1 ratio. Given these ratios, the firm knows it must generate 1,200 leads to be able to invite 200 viable candidates to its offices for interview. The firm will then get to interview about 150 of those invited, and from these it will make 100 offers. Of those 100 offers, about 50 will accept.
interview process
- Select Interview Team - can be team members or different colleagues who will have to interact with the candidate across business units.
- Hold a Pre-interview Strategy Meeting. Discuss job description, specifications, and competencies.
- Complete Candidate Evaluation Forms.
- Conduct Interviews.
- Evaluate Candidates.
Candidate Evaluation Form
Provides consistency in the interview process by providing interviewers with a list of topics to cover during the interview. The form is then used for rating candidates on job requirements and acts as a reminder of what to discuss during the candidate evaluation phase of the selection process.
behavioral interviews
Based on the premise that past behavior is the best predictor of future behavior. Asks candidates to describe how they have handled specific situations in their previous jobs or life experiences. Candidates are expected to be able to describe a situation or problem, the actions they took to resolve it and what outcome resulted.
directive interviews
Controlled and guided by the interviewer witha predetermined set of questions asked of all candidates.
nondirective interviews
Interviewer asks broad questions and allows candidate to guide the conversation. May produce a great deal of information but difficult to ensure consistency in questions for all candidates and can become a problem during the evaluation phase, as well as in substantiating or defending a final hiring decision.
patterned interviews
Structured to cover specific areas related to the job requirements. Covers each area with all candidates but may ask different questions of them.
structured interviews
A lit of questions is prepared in advance and used for all candidates.
stress interviews
Subjects candidates to an intimidating situation to determine how they will handle stress in the position.
average or central tendency bias
Becomes apparant when the interiewer can’t decide which candidate is best and rates them all about the same.
contrast bias
occurs when an interviewer compares candidates to each other or compares all candidates to a single candidate.
cultural noise bias
occurs when candidates answer questions based on information they think will get them the job, or what they think the interviewer wants to hear.
first impression bias
Interviewer rates a candidate based on how they do at the very beginning of the interview. For example, a candidate who is nervous and stutters a lot during the first few minutes or an interview may be viewed as less qualified even if during the remainder of the interview they they are poised and well spoken.
gut feeling bias
occurs when the interviewer relies on an intuitive feeling that the candidate is a good (or bad) fit for the position without looking at whether the individual’s qualifications meet the criteria established by the job specs and candidate profile.
halo effect bias
Occurs when the interviewer evaluates a candidate positively based on a single characteristic. For example a candidate’s positive attitude may overshadow a lack of experience in a particular area.
harshness or horn effect bias
occurs when the interviewer evaluates a candidate negatively based on a single characteristic
knowledge-of-predictor bias
Occurs when the interviewer is aware that a candidate scored particularly high (or low) on an assessment test that has shown to be a valid predictor of performance
leniency bias
occurs when an interviewer tends to go easy on a candidate and gives a higher rating than is warranted, justifying it with a rationalization
negative emphasis bias
occurs when an interviewer allows a small amount of negative information to outweigh positive information
nonverbal bias
Occurs when an interviewer is influenced by body language. For example, a candidate who frowns when answering questions could be rated negatively even though the answers were correct.
question inconsistency bias
Occurs when an interviewer asks different questions of each candidate. Although this is acceptable to a certain extent in order to delve more deeply into each candidate’s qualifications, there is no baseline for comparison if there are no questions that were asked of all candidates.
recency bias
occurs when the interviewer recalls the most recently interviewed candidate more clearly than other candidates.
similar-to-me bias
Occurs when the candidate has interests or other characteristics that are the same as those of the interviewer and cause the interviewer to overlook negative aspects about the candidate. For example, an interviewer who played college football may select a candidate who did so even though the candidate’s qualifications aren’t the best for the position.
stereotyping bias
Occurs when the interviewer assumes a candidate has specific traits because they are a member of a group. For example, an interviewer may not assume that a woman would be able to perform in a job that requires frequent lifting of packages of weighing 50 lbs
realistic job preview (RJP)
Designed to give candidates an accurate picture of a typical day on the job, provides an opportunity for them to self-select out if the job isn’t what they expected it would be. Increases chance of success on the job, thereby reducing turnover. Can include observing current employee, a simulated job experience, a video presentation, or a tour.
in-box test
Provides candidates with a number of documents describing problems that would typically be handled by an employee in the position, with instructions to prioritize the problems and/or decide ho the problems should be handled. Candidates are evaluated on the appropriateness of their decisions as well as on the length of time it takes for them to complete the test.
assessment centers
Characterized by multiple tests designed to measure different aspects of the job. Generally used to assess candidates for management potential and decision-making skills, they have been demonstrated to be valid predictors of success on the job. Used extensively by state and local governments and large orgs for assessing internal candidates for promotion, their use is limited due to the high cost of conducting them. Typical assessments include interviews, testing and problem-solving skills, in-basket tests, leaderless group discussions, and role-playing exercises.
aptitude tests
Designed to measure knowledge and ability to apply skills in various areas, such as math, typing, language, and reasoning. Properly constructed tests have been shown to be valid predictors of job success.
cognitive ability tests (CAT)
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 test
Assess a candidate’s “fit” for a job If, for example, an employer uses a personality test that has shown particular characteristics to be valid predictors of success in sales positions, and an applicant doesn’t reflect those characteristics when tested, the test would indicate an area to be explored prior to making the hiring decision.
integrity test or honesty test
Asses work ethic, attitudes toward drug and alcohol use, and similar traits. Professionally developed tests don’t create an adverse impact for protected classes along as the tests are administered equally to all candidates.
psychomotor assessment tests
test coordination and manual dexterity
physical assessment tests
Used to determine whether candidates are physically capable of performing specific job duties. Generally require that tasks be completed within a predetermined period of time and most often simulate activities that regularly occur on the job.
Griggs v. Duke Power (1971)
Disparate Impact or Adverse Impact. Good intent or absence or discriminatory intent in the face of a job requirement that adversely impacts a protected class isn't sufficient defense against discrimination. Job requirements must be shown to be job related, and burden of proof is on the employer.
Albemarle Paper v. Moody (1975)
- Required that employment tests be validated in accordance with UGESP.
- Subjective supervisor rankings aren’t validation for employment tests.
- Criteria for validation must be tied to job requirements.
Washington v. Davis (1970)
Established that employment tests that have an adverse impact on a protected class are lawful if they are a valid predictor of success on the job.
What is a reliable employment test according to the UGESP?
Reliability measures whether, over time, the tests produce consistent results and scores won’t vary greatly. Enhanced by wording instructions and questions clearly Should provide an optimal condition and make sure it’s long enough to accurately test a candidate’s knowledge.
What is a valid employment test according to the UGESP?
Considers the characteristics being measured by the test and whether the test measures the characteristic accurately.
content validity
Job analysis confirms hat a selection procedure samples significant parts of the job being tested. Ex - a driving test is fair if someone is driving a truck 80% of the time on the job.
construct validity
Determines whether a test measures the connection between candidate characteristics and successful performance on the job. According to the DOL, construct validity is a method of testing an applicant’s abstract future behaviors. In order for a test to be legally defensible, it must show that ti measured the proper characteristic and accurately predicted future success on the job.
criterion validity
A trait or work behavior that is predicted by a test. Must either predict or correlate.
predictive validity
Compares the scores of a test given at the beginning of a job to the same criterion collected at a future time (6 months or a year). Scores should be the same.
concurrent validity
Criterion measurement occurs at the same time the test is given and not at a later time. (Everyone in the dept is given the test and compared to all incoming candidates, scores should be the same).
employment reference check
Find out: employment history, dates, job titles, type of work performed. Info is privileged. If possible, find out work habits, interpersonal skills, and find out if employee is eligible for rehire.
educational reference check
Some employers request transcripts to verify info accuracy, depending on length of time sense graduation and position applied for.
financial references
Generally used only when candidates will be handling large sums of cash. Reference must be shown to be job related and a valid predictor of success in the position. When required, financial references, provided by credit reporting agencies, are subject to the requirements of the FCRA.
Fair Credit Reporting Act (FCRA) (1970)
Enforced by the FTC. Requires employers to take certain actions prior to the use of a consumer report obtained through a consumer reporting agency in making employment decisions. The following process must be followed when using CRAs to perform investigations:
1. A clear and conspicuous disclosure that a consumer report may be obtained for employment purposes must be made to the candidate in writing before the report is acquired.
2. Candidate must provide written authorization for the employer to obtain the report.
3. Before taking adverse action based in whole or in part on the report, the employer must provide the candidate with a copy of the report and a copy of the FTC notice “A Summary of Your Rights Under the Fair Credit Reporting Act”. It must also include the CRA’s contact info and indicate the CRA wasn’t involved in the action.
4. Candidates must be advised of their right to dispute the accuracy the info in the report.
When requesting investigative consumer reports, the employer must notify the candidate within 3 days.
consumer reporting agency (CRA)
an individual, business, or non profit that gathers info about individuals with the intent of supplying that info to a third party.
consumer report
A written document produced by a CRA containing info about an individual’s character, reputation, lifestyle, or credit history for use by an employer in determining that person’s suitability for employment.
investigative consumer report
Written document produced by a CRA for the same purpose as a consumer report but based on info gathered through personal interviews with friends, co-workers, employers, and others acquainted with the individual.
FACT Act
Requires CRA documents to be destroyed by:
- paper documents must be shredded, pulverized, or burned in a way that prevents them from being reassembled.
- electronic files or media must be erased in a way that prevents them from being reconstructed.
- Either type may be destroyed by an outside vendor .
criminal record checks
Considered consumer investigations and must qualify with FCRA requirements. When an employer considers making an adverse hiring decision based on negative info received, he applicant must be notified in writing and given a chance to respond. Should the negative info be the result of a mistake, the applicant can provide info to clear the record. If the employer decides to proceed with the adverse action, the applicant must receive a second written notice stating that the adverse action has been taken.
Privacy Act (1974)
Attempt by Congress to regulate the amount and type of info collected by federal agencies and the methods in which it was stored. Act requires written authorization from an individual prior to releasing info to another person. Doesn’t apply to private employers.
negligent hiring
Occurs when an employer knew or should have known about an applicant’s prior history that endangered customers, employees, vendors, or others with whom the employee comes in contact. Employers can prevent negligent hiring lawsuits by carefully checking references and backgrounds for all candidates. Once an employer finds out about such a history, the employer is obligated to safeguard those who come into contact with that individual during the workday.
Employee Polygraph Protection Act (EPPA) (1988)
Administered by DOL. Prohibits private employers from using polygraphs in making employment decisions except under very limited conditions. Does not apply to federal, state, or local government. Allows polygraph tests to be administered to employees of federal contractors or subcontractors with national defense, national security, or FBI contracts, to prospective employees of armored car or security services, and to prospective employees who would have access to pharmaceuticals. Also allows for use of tests during the ongoing investigation of an economic loss to an employer if the employee had access to the property in question. Must be given by an admin licensed by the state.
medical examination
Allowable after extending job offer or conditional job offer if their purpose is job related and they’re required of all candidates. Used to ensure that the employee will be fully capable of performing the requirements and may be part of a health and safety program. Under the ADA, employers may make a job offer conditional on a medical exam before the candidate begins working as long as all applicants for positions in the same job category must undergo the exam. If the offer is rescinded as a result of the exam, the employer must be able to demonstrate that the job requirement eliminating the candidate from consideration is related to a business necessity.
drug-screening tests
OSHA indicates that drug-screening programs reduce job-related accidents. Substance abuse is also linked to reduced productivity. Drug-screenings are specifically excluded from the ADA requirement and may be required prior to extending an offer.
employment-at-will
the employment relationship can be ended at any time by either party with or without a reason.
offer letter
Should be prepared immediately upon acceptance upon the verbal offer by the candidate. Should be reviewed by the corporate attorney to ensure that its provisions don’t compromise the org and that it contains the terms of the offer as well as any contingencies that apply, such as a med exam, background check, and proof of right to work in the US. The salary should be stated in n hourly or monthly amount. The offer should state clearly that the org is an at-will employer and only the terms and conditions of the offer contained in the offer letter are valid. Finally, there should be a reasonable time frame for returning a signed acceptance letter.
employment contracts
include:
- Terms and Conditions of Employment (covers start and end dates and extensions)
- Scope of Duties - includes expectations of performance
- Compensation
- Benefits and Expense Reimbursements
- Nondisclosure of Proprietary Information (confidentiality and noncompetes)
- Nonsolicitation Agreement
- Clause advising candidate to seek advise of counsel before signing.
- Can include clause saying what will happen in case of disability or death.
- Termination Clause - what would cause termination of contract
- Change of Control - what would happen if company is bought or changes hands
relocation practices
Can include company paid trip for family to see the area and look for new home, assistance with selling the old home and purchasing a new home, moving expenses, job search for spouse, and a guarantee of the sale price of the old house if it doesn’t sell. Can be outsourced.
Immigration and Nationality Act (INA) of 1952 and Amendment of 1965
Simplified previous immigration law. The amendment eliminated national origin, race, and ancestry as bars to immigration and changed the allocation of immigrant visas to a first-come, first-served basis. The amendment also established 7 categories with the goals of reunifying families and giving preference to those with specialty skills that were needed in the US.
Immigration Reform and Control Act (ICRA) of 1986)
Applied to businesses with 4 or more employees. Made it illegal to knowingly hire or continue to employee individuals who weren’t legally authorized to work in the US. Employers were required to complete the I-9 within 3 days and review documents provided by the employee that establish identity or employment authorization or both from both lists of acceptable documents on the form I-9. Employers complying in good faith have a defense to unknowingly hiring an unauthorized alien.
I-9 File Retention Rates
3 years from date of hire or 1 year from date of termination, whichever is later and allows employers to copy these documents. Forms must be stored on paper, microfilm, microfiche, or PDF.
E-Verify
A free service offered through USCIS. Employer accesses e-verify through the internet, inputs basic info gleaned from the I-9, and receives a authorized or tentative non-confirmation (TNC) from the web. The employer then prints the results. A TNC result gives the employee more information about the mismatch and a statement of their rights and responsibilities under the law. An employer may not terminate for a TNC, only when they receive final nonconfirmation.
Immigration Act of 1990
Added the requirement that a prevailing wage be paid to H-1B workers to ensure that US citizens didn’t lose jobs to lower-paid immigrant workers. Created additional visas for workers.
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996
Reduced the number and types of documents allowable to provide identity, employment eligibility, or both in the hiring process and established pilot programs for verification of employment eligibility.
new hire orientation
Includes paperwork completion, compliance training, and introduction to policies, procedures, and rules through a review of the employee handbook.
on boarding
Refers to a system of organizational behaviors at the time of hire focused on the retention of new employees.It consists of both short-term and long-term behaviors that help to integrate employees into their new work environment. On-boarding programs exist to reduce the length of time it takes new employees to become productive team members. Include follow ups (receipt of badge, meet to know how job is going)
socialization
long-term on-boarding activity; get new hire used to the culture of the company’ can include assignment of mentors and peer-to-peer support for training
resignation
Employee quits. Must provide 72 hours notice in order for HR to provide final paycheck, including unused accrued vacation or PTO. Must also provide COBRA and HIPAA notices.
exit interview
Provides opportunity for employees to communicate info about why they decided to leave, what improvements could be made to the org to enhance the employment experience, and any specific issues that need to be addressed. If possible, a 3rd party should conduct so employee can be candid.
Worker Adjustment and Retraining Notification (WARN) Act of 1988
Applies to employers with 100+ employees. Administered by DOL.
60 days notice must be given to workers or union reps when:
- there is a mass layoff
- there is a plant closing
- if reductions are staggered to meet either of the above criteria within a 90 day time frame.
mass layoff
Either 500 employees or 50 employees and 33% of the workforce is laid off.
plant closing
50 or more full time employees lose their jobs because a single facility shuts down, either permanently or temporarily.
WARN notice must contain
- reason for closure
- whether the action is permanent or temporary
- the address of the affected business unit
- name of a company official to contact for further info
- expected date of closure or layoff
- whether bumping rights exist
WARN notice must be sent to
- all affected workers or reps of affected workers
- the chief elected official of the local government
- state dislocated worker unit
When is a WARN notice not required?
Burden of proof on the company to show that the reason is legit:
- faltering company
- unforeseeable business circumstance
- natural disaster
faltering company - WARN exception
Applies only to plant closures in situations where the company is actively seeking additional funding and has a reasonable expectation that it will be forthcoming in an amount sufficient to preclude the layoff or closure and giving the notice would negatively affect the ability of the company to obtain the funding.
unforeseeable business circumstance - WARN exception
Applies to plant closings and mass layoffs and occurs when circumstances take a sudden and unexpected negative change that couldn’t have reasonably been predicted, such as the cancellation of a major contract without previous warning.
natural disaster - WARN exception
Applies to plant closings and mass layoffs occurring as the result of a natural disaster including floods, earthquakes, and fires.
severance
Packages offered to employees being laid off must be consistent, based on a rationale that ensures equity to all departing employees. Amounts can be based on seniority, employee classes, or some combination of the two.
outplacement
Used to transition employees who are leaving the company. Assist employees with updating resumes, preparing for interviews, and searching for jobs.
unemployment insurance
HR should ensure that employees are clear about their eligibility for unemployment benefits and how to apply for them. Most states provide pamphlets which are distributed at the time of layoff.
Taxman v. Board of Education of Piscataway (1993)
In the absence of past discrimination or underrepresentation of protected classes, preference may not be given to protected classes in making layoff decisions.
Workforce Investment Act (WIA)
Joint effort between DOL and Congress. Job-training program designed to improve worker skills. Has service delivery centers established to provide services for workers including education, skills assessment and training, job-search counseling, support, mentoring, access to job-search info, and are generally managed by state and local governments.
Trade Adjustment Assistance (TAA)
Program to assist workers who lose their jobs as the result of an increase in imported goods. Eligibility requires a group of three or more workers to submit an application to the DOL Division of Trade Adjustment Assistance (DTAA). DTAA determines whether the group meets eligibility.
Benefits of TAA
- up to 104 weeks for training
- trade readjustment allowances (TRAs) up to 52 weeks of training after unemployment is exhausted
- reimbursement of job search expenses
- relocation allowances
Eligibility Requirements for TAA
DTAA determines whether the group meets eligibility:
- Workers must have been laid off or had their hours cut by 20%
- Employers sales and/or production levels must have declined
- Loss of jobs must be due in large part to increased imports.
Once certified, individual workers may apply for services and benefits available at one of the local service centers established by the WIA.
records life cycle
specific retention, storage, and destruction of records
records retention policy
should include:
- definition of what is a record - a description of the employment documents covered by the policy
- description of maintenance and use - a control system for limiting access and ensuring availability upon demand or need
- schedule of retention and eventual destruction by record type
productivity metrics
calculated by dividing total output (dollars or inventory output) by number of employees
accession rate
Measures number of new employees against total number of employees - useful for determining types of HR programs needed to manage and support the workforce. Calculated by dividing the total number of new employees by total number of employes a the end of the previous measurement period.
cost per hire
Must include cost per advertising, in house recruiter time to review resumes and screen candidates, HR staff salary, salary for hiring manager and othr members of the interview team, assessment test, pre-employment inquiries, administrative costs, and any other costs involved in hiring a new employee. Calculated by dividing the total costs by the number of hires for the measurement period.
time to hire
calculated from the date a job is posted to the date a job is accepted by the new employee
replacement cost per employee
Includes both the cost per hire metric as well as the costs for training, lost productivity, temporary replacements, overtime for employees who fill in while the position is vacant, etc. Best way to reduce is with succession planning.
turnover analysis
Calculated by dividing the average number of total employees for the measurement period by the number of employees who exited the organization.
Protected Classes Under Title VII
Identified 5 protected classes:
- race
- color
- religion
- national origin
- sex
What changes did the Civil Rights Act make to Title VII?
Made the following changes to Title VII:
- Provided punitive damages when employers engaged in discriminatory practices with malice or reckless indifference.
- Excluded back-pay rewards from compensatory damages
- Established a sliding scale for compensatory damages and punitive damages based on company size.
- Provided that any party to a civil suit in which punitive or compensatory damages are sought may demand a jury trial.
- Expanded Title VII to include congressional employees and senior political appointees.
- Required that the individual alleging an unlawful employment practice is in use prove that it results in a disparate impact to members of a protected class.
- Provided that job-relatedness and reasonable business necessity are defenses to disparate impact and that if a business can show that the practice doesn’t’ result in disparate impact, it need not show the practice be a business necessity.
- Provided that business necessity isn’t a defense against an intentional discriminatory employment practice.
- Allowed that if the same employment decision would have been made whether or not an impermissible motivating factor was present, there would be no damages awarded.
- Expanded coverage to include foreign operations of American businesses unless compliance would constitute a violation of the laws of the host country.
adverse impact
a substantially different rate of selection in hiring, promotion, or another employment decision that works to the disadvantage of members of a race, sex, or ethnic group
unfair treatment
can refer to any perceived difference in how employees are treated
attrition
reduction in force that occurs when an employer does not replace employees when they leave
Who is required to create an AAP?
U.S. federal contractors and subcontractors with 50 or more employees and $50,000 or more in contracts must create an AAP as a condition of doing business with the U.S. Government.
