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.
