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PHR 2015 > Workforce Planning And Employment > Flashcards

Workforce Planning And Employment Flashcards

0
Q

Protected class sex is referencing?

A

Biological and physiological characteristics that define men and women: Male or female.

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1
Q

What is the civil rights act of 1964?

A

Passed to bring equality in hiring, transfers, promotions, compensation, access to training, and other employment-related decisions.

(10 federally protected classes)
Covers: private employers who have 15 or more persons on payroll of 20 or more weeks in current or preceding year. Al educational institutions, federal, state, and local govt. public and private agencies, labor unions of 15 or more. Joint committees for apprenticeships and training

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2
Q

Protected class gender is referencing?

A

Socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women. Masculine and feminine.

Perception of being male or female (internally or by others)

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3
Q

Protected class national origin is referencing?

A

Refers to country of ones birth or of ones ancestors birth. Also ethnicity

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4
Q

What is disparate impact?

A

Occurs when the selection rate for an employment decision works to the disadvantage of a protected class; aka adverse impact.

Is usually unintentional

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5
Q

What is disparate treatment?

A

Occurs when protected classes are intentionally treated differently from other employees or are evaluated by different stds.

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6
Q

What is BFOQ?

A

An exception to the discrimination law. Bona fide occupational qualification. If religion, sex, or national origin is a bfoq reasonably necessary to carry out a particular job function in the normal operations of the organization.

Ex: being a female can be bfoq for a women’s bathing suit model

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7
Q

What is the Civil Rights Act of 1991?

A

Jury trials are allowed in cases where the plaintiff seeks compensatory or punitive damages to make the injured person whole. Must be intentional discrimination violation of Title VII, the ADA, Section 501 of Rehab Act 1973.

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8
Q

Kolstad v. American dental association 1999

A

The court held that the availability of punitive damages depends on the Motive of the discriminator rather than the nature of the conduct. Prove it was egregious and outrageous.

Court created safe harbor act- an employer may not be liable for the discriminatory employment decisions of managers where these decisions are contrary to the employers good faith efforts to comply with title vii

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9
Q

Age Discrimination Act 1967

A

Prohibits discrimination in employment against persons age 40 and over. Exceptions are to force retirement. High bona fide executives can be required to retire at 65 in some states. In others the cap is at 70

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10
Q

What is ERISA?

A

Employee Retirement Income security Act has barred benefits plans from reducing or ceasing accruals/contributions for employees who work past normal retirement age.

Allows jury trials, allows for doubling back pay damages for willful violations. Compensatory or punitive are not allowed.

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11
Q

Smith vs. Jackson, Mississippi

A

Authorizes recovery on a disparate impact theory but narrower scope because must prove that its practice or policy was based on reasonable factors other than age.

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12
Q

Pregnancy Discrimination Act 1978

A

Amended title vii, prohibit discrimination on the basis of pregnancy, childbirth, or related conditions. It requires employers to treat pregnancy the same as any other temporary disability.

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13
Q

Americans with Disability Act1990

A

Prohibits discrimination against a qualified individual with a disability because of his/her disability in the workplace, including access to training and career development.

Covers private and state and local govt employers with 15 or more employees, employment agencies, labor organizations, and joint labor management committees

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14
Q

Disability definition

A

Has an impairment that substantially limits one or more major life activities ( transferring/mobility, toileting/personal hygiene, bathing and dressing, and caring for oneself.) includes perceived disabilities

Has a record of such an impairment

Is regarded as having such an impairment

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15
Q

Essential functions

A

Primary job duties that a qualified individual must be able to perform either with or without accommodation.

A. The reason the job exists is to perform this function
B. there are a limited number of employees available among whom performance of the job fxn can be distributed
C. The fxn may be highly specialized and require specific expertise or ability.

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16
Q

ADA Ammendment Act (ADAA).

A

Expands the definition of disability. Substantially limits broadens
An impairment is a disability that substantially limits the ability of an individual to perform a major life activity as compared to the general population. Does not need to prevent or severely or significantly restrict.

Homosexuality, bisexuality, transvestitism, and compulsive gambling are not physical or mental impairments.

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17
Q

Reasonable accommodations

A

Modifying or adjusting a job application process, work environment, or the circumstances under which a job is usually performed to enable a qualified individual with a disability to be considered for the job and perform its essential fxns

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18
Q

What is GINA 2008

A

Genetic Information Nondiscrimination Act. Prohibits discrimination against the individuals on the basis of their genetic information in both employment and health insurance. (Includes hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits). On the basis of the genetic info on the individual or a family member (spouse, child, incl adoption, any first, second, third, fourth degree relative. Ex parent, grand parent, great grandparent.

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19
Q

What is the Lilly Ledbetter Fair Pay Act

A

Creates a rolling or open time frame for filing wage discrimination claims. The clock now renews each time employees receive compensation that is based on an allegedly discriminatory decision by the employer. 180/300 daytime frame outlined in title vii.

Case Ledbetter vs. Goodyear Tire & Rubber Co..

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20
Q

What is uniform guidelines on employment selection procedures

A

It is a procedural document to assist employers in complying with Title VII, EO 11246, and other EEO requirements.

Set rate for determining adverse impact on selection:
80% rule or four -fifths rule

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21
Q

How do you calculate the 80% rule or four -fifths rule and why use it?

A

To calculate adverse impact in the selection process on protected classes.

  1. ID the selection rate (percentage hired) for each group.
  2. ID the group with the highest selection rate. This is the majority group
  3. Divide the lowest selction rate (minority group) by the highest selection rate (majority group)
  4. Adverse impact is indicated if the selection rate of the minority group is than 80%, or four-fifths of the majority slection rate.
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22
Q

Affirmative action

A

Is the practice 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 underutilization. Enforced by OFCCP

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23
Q

Executive Order 11246

A

Prihibits federal contractors and federally assisted construction contractors and subcontractors who do over $10,000 in govt business in one year from discriminating in employment decisions

If have 50 or more employees and $50,000 or more to create an annual aap for women and minorities.

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24
Q

What is VEVRAA 1974?

A

Vietnam Era Veterans Readjustment Assistance Act. Requires covered feral govt contractors and subcontractors to tk aa to employ and advance in employment specified categories of veterans. Prohibits discrimination. must also submit annual report on current employees who are covered VETS

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25
Q

Jobs For Veterans Act (JVA)

A

Includes disabled vets, vietnam vets, and recently separated (within one year or less), and other protected vets

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26
Q

Rehabilitation Act 1973

A

Prohibits discrimination based on physical or mental disabilities. 501 only applies to federal govt as employer. Section 503 applies to federal contractors and subcontractors with over $10,000. And requires aa on qualified disabled ppl.

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27
Q

Case: School board of Nassau vs. Arline

A

Ruled persons with contagious diseases could be covered by the act

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28
Q

What is INA?

A

Immigration and Nationality Act 1952. Addresses employment eligibility and verification, it defines conditions for the temporary and permanent employment of aliens in the US. Applies to all employers.

Created INS (immigration and naturalization service) to enforce

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29
Q

Immigration and Reform Act 1986

A

Prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring illegal aliens (civil and criminal penalties)

Burden falls on employer by I9 within 3 days of hire

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30
Q

What are the three types of immigrant visas?

A
  1. Immigrant visas- permanent/green cards. (In order of preference)
    A. EB-1. Employers do not need to file or do anything different
    B. EB-2. Employers must test labor mkt thru labor certification
    application
    C. EB-3. Reserved for ppl who do not have advanced degrees or
    qualify under EB-1 or EB-2 but meet the wk exp and education.
    Required to complete labor certification process.
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31
Q

What are non immigrant visas?

A

Temporary
1. H-1B most commonly sought after by employers. Hire and retain highly skilled foreign workers that require theoretical or technical expertise in specialized fields. Individuals cannot apply, employers must petition. Allows up to 3 years admission. It can be extended but generally not more than six years

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32
Q

What is PERM?

A

Program Electronic Review Management - streamline process for obtaining labor certification

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33
Q

WARN 1988

A

Worker Adjustment and Retraining Notification Act - requires some employers (who employ 100 or more FTE or FTE and PTE who in aggregate work at least 4000 hrs excluding overtime per wk) to provide 60 calendar days advance written notice if a plant is to close or if mass layoffs will occur.

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34
Q

Gross v. Hale-Hassell Co. 2009

A

Court made an exception in which the employer had no choice but to lay its employees off and it gave as much notice as was practicable under the circumstances. Grocery wholesaler and distributor lost its largest customer suddenly.

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35
Q

Congressional accountability act

A

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

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36
Q

What is the EEOC process?

A

Plaintiff must file within 180 days of the alleged discriminatory practice.

The EEOC then sends a letter to the respondent including copy of charge and request further info.

The EEOC reviews the charge and mks determination as to whether there is “probable cause”.

If no, Notifies both parties. Plaintiff recieves notice of right to sue within 90 days.

If yes, EEOC attempts conciliation. Respondent to provide remedy(ies) to settle

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37
Q

What are the three privacy legislation?

A

Privacy act- Protects employment records of federal govt employees from disclosure without prior written consent.

Employee polygraph protection act- prevents employers engaged in or affecting interstate commerce from using lie detector tests either for pre-employment or during course of employment.

Electronic communications privacy act

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38
Q

Describe the consumer credit protection act?

A

Limits the amount of wages that can be garnished or withheld to satisfy creditors. Also prohibits employers from terminating an employee for one single indebtedness even if results in repeated garnishments.

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39
Q

FcRA and the accurate credit transactions act

A

Fair credit reporting Act - protects privacy of bkgrd info and ensures that info is supplied accurately.

Fair and accurate credit transaction act- FACT, provides relief to employers using third parties to conduct workplace investigations

40
Q

What are the FCRA requirements?

A
  1. Written notice and authorization
  2. Pre-adverse action-must provide a copy of the rpt and given reasonable pd of time to present evidence challenging the info
  3. Adverse action-employer provides notice to applicant that such action has been taken within 3 days of the action taken.

Federal trade commissions oversees
O

41
Q

Griggs v. Duke Power

A

Denied Griggs based on he was not a HS graduate and on the rslts of two preemployment tests.

Conclusion statistical evidence of adverse impact

42
Q

Ricci v. Distefano

A

Firefighters taking civil service tests for promotions.

Test was content validated but had disparate impact on african americans. Therefore the fire department violated the plan and allowed african americans who scored lower to be promoted.

Conclusion: this case mks it harder for employers to defend taking action to correct a disparate impact and increases the likelihood of disparate impact and treatment claims arising out of selection procedures, including tests.

Options are to modify test and validate it.

43
Q

Mcdonnell Douglas Corp v. Green

A

Est. criteria for disparate treatment.

Mechanic incident who was layed off n participated in civil rights movement

44
Q

Albemarle Paper v. Moody

A

Items used to validate employment requirements must be job related

Strengthened griggs case and UNiform Guidelines on Employee Selection Procedures

45
Q

Washington v. Davis

A

Police dept. the court concluded that test used were validated n related to the job, therefore negated any inference of racial discrimination and were racially neutral measures of employment qualification.

46
Q

St. Mary’s Honor Center v. Hicks

A

Correctional officer demoted and discharged claimed it wS due to his race. Court ruled plaintiff has burden of proof that discrimination was real reason for an employers actions.

47
Q

Mckennon v. Nashville Banner Publishing Co.

A

The court held that evidence of misconduct acquired after the decision to terminate cannot free an employer from liability, even if the misconduct would hv justified terminating the employee.

The after-acquired evidence can be used to cutoff certain damages, or when awarding back pay

48
Q

EEO-1 report

What is it?
Who files it?

A

Employers with 100 or more employees and federal contractors with at least 50 employees and federal contracts or subcontracts of $50,000 or more must file.

It includes:

  • breakdown of workforce by job categories
  • race, gender, and ethnicity. (Ethnicity first: hispanic or latino and not hispanic or latino)

Purpose to investigate charges of discrimination and to analyze trends in female and minority employment.

Also posters and notices on being an equal oppty employer must be placed in prominent places where employees can view.

49
Q

Define Job Applicant

A

Anyone who expresses interest in employment whether they meet the qualifications or not

50
Q

Define internet applicant

A
  1. Submits an expression of interest in employment thru internet
  2. Employer considers for employment in a particular position
  3. The expression indicates possessing min quals for the position
  4. The individual does not withdraw from process prior to job offer
51
Q

What is AAP?

What are the key components (8)?

A

Written plans that outlines a organization’s programs, policies, and procedures for proactively ensuring EEO in all aspects of employment

Components;
A. Statistical - Organizational profile, Job group analysis, availability analysis
B. Narrative - placement goals, action oriented programs, designation of responsibility, identification of problem areas, description of the internal audit and reporting system

52
Q

What does the organizational profile provide?

A

Graphical presentation of the organizational units including interrelationships.

  • name if the unit
  • job title, gender, race, and ethnicity
  • total number of female and male incumbents
  • total # of female/male incumbents for each racial/ethnicity group
  • supervisors are included in count
53
Q

What does the Workforce analysis in AAP provide?

A

List of job titles in an organizational unit ranked from lowest to highest paid.

  • wage rate or salary range
  • total # of male/female incumbents
  • total # of male/female incumbents in each of race/ethnicity groups
54
Q

What does a job group analyses provide?

A

Horizontal slice. Not organizational units but by jobs grouped to similar content/responsibilities, wage rates, oppties for advancement

Includes:
    Job title
    Total # employees
    # females/minorities
    %
55
Q

What does the availability analysis provide?

A

Consider internal and external availability of minorities and females for the est. job groups

Determine if underutilization is occurring

56
Q

What are placement goals?

A

When underutilization is identified, these must be set. They serve as objectives/targets to meet thru good faith efforts and are not quotas

57
Q

What are conciliation agreements?

A

If the OFCCP finds serious violations, this is issued.follow up will occur and non-compliance can result in fines, etc.

58
Q

What is CMCE?

A

Corporate Management compliance evaluation- designed to review artificial barriers for qualified women and minorities for advancement into mid-level and senior corporate mgmt. aka glass ceiling audit

59
Q

Regents of the university of California v. Bakke

A

Court ruled that colleges and universities could legitimately consider race as one of the factors in the admission process

60
Q

United steelworkers v. Weber

A

Weber charged reverse discrimination because he had more seniority than some of the african american workers who were admitted into the training program. Weber lost

The plan was an attempt to achieve racial balance and it was not for an indefinite time

61
Q

Johnson v. Santa clara county transportation agency

A

The court endorsed using gender as one of the factors if underrepresentation is present and ensure its not a quota system.

62
Q

Taxman v. Board of education of piscataway

A

School decided to retain african american colleague solely on basis of race and it was not remedying any past racial discrimination. The court ruled in favor of taxman claiming a non-remedial aa plan cannot form the basis for deviating from the anti discrimination mandate of title vii

63
Q

Gratz v. Bollinger

Grutter v. Bollinger

A

Gratz-university of Michigan undergraduate program was not sufficiently “narrowly tailored” to consider race as a factor in admission decisions

Grutter- court held univ of michigan law school admission program was sufficiently narrowly tailored to consider race.

64
Q

General dynamics land systems inc v. Cline

A

Court held that ADEA does not protect younger workers, even if they are over age 40, from workplace decisions that favor older workers.

65
Q

City of richmond v. J.a. Croson Company

A

Court ruled that the city of richmond minority set-aside program with numerical quota system was unconstitutional.

66
Q

What is EPLI?

What does it provide?

A

Employment Practices Liability Insurance- covers organizations against claims by workers that their legal rights as employees of the org have been violated

Provides protection against employee lawsuits such as:
Sexual harassment. Wrongful termination
Discrimination. Wrongful discipline, etc

67
Q

Name the two categories of sexual harrassment

A
  1. Quid pro quo- this for that

2. Hostile environment

68
Q

Meritor savings bank v. Vinson

A

Court held that sexual harrassment violates title vii

69
Q

Harris v. Forklift systems, inc

A

Court held the plaintiff does not have to prove concrete psychological harm to establish title vii violation

Hostile environment

70
Q

Onacle v. Sundowner offshore serbice, inc.

A

Court ruled same sex harassment is covered under title vii. Its because of sex.

Plaintiff went to work on oil rig and coworkers harassed him and threatened to rape him.

71
Q

Farragher v. City of boca raton

A

Female lifeguards harassed by immediate supervisors. The city had a policy on sexual harassment but did not effectively communicate it. Supervisors were reprimanded and disciplined.

72
Q

Vicarious liability

A

Legal doctrine-employers are legally responsible for the discriminatory acts of their employees

73
Q

Pennsylvania state police v. Suders

A

Involved female police communications officer. Sexual harassment was so severe she was forced to resign.

Employers must intervene if not they can be held liable

74
Q

What is Workforce analysis

A

Helps to anticipate human capital needs and ensure that the ksa’s will be available when needed to accomplish organizational goals and objectives

Examines Four areas:
Supply analysis - where are we now, what do we have
Demand analysis - where do we want to be? What do we need?
Gap analysis - what is lacking? What ksa’s currently exist and are needed in future
Solution analysis - what can we afford, how will we get what we need

75
Q

Supply analysis - where are we now, what do we have. What are the types of analyses:

A

Trend and ratio analyses- use statistics to determine whether relationships exist btwn two variables.

Past performance as a predictor of the future

Also turnover and flow analyses

76
Q

Turnover analysis, How do you calculate

A

Track the number of separations and the total number of workforce employees per month.

Calculate annualized employee turnover:
Divide total# of emp for the year by 12 months. This yields an average monthly workforce #
Divide the number of separations for the year by the average number of employees per month

77
Q

Determining and projecting internal turnover?

A

Flow analysis

View by levels, occupational groupings, organizational units
Inflow –> current staff –> outflow
Promotions Promotions, resignations, demotions, etc.
Transfers, New hires
Recalls

78
Q

Name the Demand analysis techniques and describe

A

Considers the model org of the future and its human capital needs.
1. Judgmental forecasts - use info from past and present to predict future
A. Managerial estimates- projections made by managers
B. delphi technique- collect info from a group on a preselected issue.
C. Nominal group technique- a variety of individuals to forecast ideas, assumptions, and prioritize issues. Led by moderator

Pg 2-128

  1. Statistical forecasts
    A. Regression analysis - ex. Trend analysis
    B. simulations - what if scenarios
79
Q

Job analysis

A

Study of the job to determine what activities, responsibilities, personal qualifications are necessary for performance of the job, the conditions which work is performed and reporting structure.

KSA are key elements

80
Q

Job description

A

Summarizes required tasks, knowledge, skills, abilities, responsibilities, and reporting structure. Physical requirements

81
Q

Job specification

A

Should reflect what is necessary for satisfactory performance, not what the ideal candidate should have.

Often include: training, education, licenses, physical and mental demands, level of organizational responsibilities

82
Q

Job competencies

A

Critical success factors needed to perform job. They are developed over time

Knowledge, skills, abilities and other personal characteristics that work together to allow employee to produce outstanding performance

83
Q

How do you calculate cost per hire (cph)

A

Cph=

Sum of (external costs) + sum of (internal costs)
—————————————————————
Total number of hires in a time period

84
Q

How do you calculate recruitment costs?

A

External costs + internal costs
————————————- x 100
Total first year compensation of hires in a time pd

85
Q

Yield ratios

A

Can be calculated throughout the recruitment process. Assist to identify recruitment sources with greatest yield, what areas may need improvement

86
Q

Flexible/alternative Staffing options

A

Independent contractor 1099
Payrolling - org needing help identifies specific ppl and refers them to a staffing firm, which employs them and assigns them to work at the org.

Emp leasing or PEO (professional employer org) - an org txfrs all or substantially all employees at a discrete site or facility to the payroll of an employee leasing firm. PEO leases employees bk to org while handling hr administrative fxns (ex: payroll, benefits, personnel records)

Temp-to-lease programs- an org contracts with staffing temp firm and PEO. Temp firm assigns long term temps, after pd of time emp is promoted to leased and becomes eligible for PEO’s benefits

Outsourcing/managed services- independent org with expertise in operating a specific fxn contracts with org to assume full operational responsibility for the fxn. Ex. Landscaping, food services, or IT

87
Q

Interviewer biases:

A

Stereotyping- forming generalized opinions abt how ppl of a given gender, religion, race, think, act, feel, or respond. Ex. Presuming a woman prefers a desk job

First time impression- snap judgment

Negative emphasis - small amt of negative info overpower the favorable info

Halo/horn effect- interviewer allows one strong pt that he values highly to overshadow all other info. If works in favor, halo. If it doesnt, horn

Nonverbal bias- undue emphasis is placed on nonverbal cues that are unrelated to job performance.

Contrast effect- strong candidates who interview after weak ones may appear even more qualified.

Similar to me effect- pick candidates based on personal characteristics that they share with the interviewer rather than job related criteria

Cultural noise- failure to recognize responses that are socially acceptable rather than factual

88
Q

Pre-employment tests

A
  1. Cognitive - assess skills candidate already learned. Measures verbal, mathematical, logic, reasoning, reading comprehension
  2. Personality tests- measure a person’s social interaction skills and patterns of behavior
  3. Aptitude- measure ability or capacity to learn or acquire a new skill
  4. Psychmotor- require a candidate to demonstrate a min degree of strength, physical ability, physical dexterity, and coordination
  5. Assessment centers- method tobevaluate
  6. Honesty/integrity-propensity toward undesirable behaviors such as lying, stealing
89
Q

Content validity

A

The degree to which a selection device measures the knowledge, skills, abilities or other qualifications that actually part of the job.

Ex. Typing test is content valid for a secretarial position

90
Q

Construct validity

A

Extent to which a selection device measures the trait such as intelligence, mechanical comprehension, personality traits including anxiety.

91
Q

Criterion related validity

A

Refers to the link btwn a selection device and job performance

92
Q

Predictive validity and concurrent validity

A

Predictive validity-Is the degree to which the predictions made by a test are confirmed by later behavior

Concurrent validity- relating the test takers of test a to some other criterion test b at the same time

93
Q

What is the taft hartley act

A

Also known as The Labor-Management Relations Act required unions to represent all employees in the bargaining unit, regardless of who voted for the union in the election during the certification process.

94
Q

Organizational exit/offboarding

A

Describes the process of managing the way people leave an organization

95
Q

Severance packages

A

Not required by law. Offered during layoffs or restructuring. Address needs such as: outplacement, health benefits -cobra, adequate salary coverage, etc

96
Q

Constructive discharge

A

Occurs when an employer makes working conditions so intolerable that the employee has no choice but to resign

97
Q

Retaliatory discharge

A

The result of an employer punishing an employee for engaging in activities protected by law, such as filing a discrimination charge. Therefore they are fired

PHR 2015 (4 decks)

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