WORKFORCE PLANNING AND MANAGEMENT Flashcards
This doctrine prohibits discrimination against applicants and employees due to certain personal characteristics like race, color, sex, and other protected classifications. It also ensures fair treatment in finding work, being paid, getting promoted, and opportunities for professional development.
Equal Employment Opportunity (EEO)
This law prohibits employment discrimination on the basis of race, color, religion, national origin, or sex. Furthermore, employers must make reasonable accommodations to applicants and employees sincerely held religious practices, unless doing so would impose an undue hardship on the business.
Additionally, in 2020, the Supreme Court affirmed gay and transgender people are protected in the workplace under this law on the basis of sex.
Title VII (7) of the Civil Rights Act of 1964
This law Amends Title VII to prohibit discrimination against a women because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Pregnancy Discrimination Act (PDA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.
Equal Pay Act of 1963
This law prohibits discrimination against applicants or employees based on age (those forty or older).
Age Discrimination in Employment Act of 1967 (ADEA)
Which title prohibits employment discrimination against qualified people who have a disability, says that employers must reasonably accommodate the physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless doin so would impose an undue hardship on the business?
Title I of the American’s with Disabilities Act of 1990 (ADA)
Which act is apart of the ADA and prohibits discrimination against qualified employees or applicants with disabilities in the federal government?
Rehabilitation Act of 1973
This act prohibits discrimination against employees or applicants because of genetic information. This information includes information about an individual’s genetic tests, genetic tests of their family members, or their family medical history.
Genetic Information Nondiscrimination Act of 2008 (GINA)
An organization with at least (1) employee is subject to which laws?
Equal Pay Act of 1963
An organization with 15-19 employees is subject to which laws?
Equal Pay Act of 1963
Title VII of the Civil Rights Act of 1964
Pregnancy Discrimination Act (PDA)
Title I of the American’s with Disabilities Act of 1990 (ADA)
Genetic Information Nondiscrimination Act of 2008 (GINA)
An organization with 20+ employees is subject to which laws?
Equal Pay Act of 1963
Title VII of the Civil Rights Act of 1964
Pregnancy Discrimination Act (PDA)
Title I of the American’s With Disabilities act of 1990 (ADA)
Genetic Information Nondiscrimination Act of 2008 (GINA)
Age Discrimination in Employment Act of 1967 (ADEA)
Employers must be aware that some _____ and _____ have enacted their own nondiscrimination laws that certain employers must follow.
states; localities
Employers are prohibited from using employment practices and policies to negatively impact a protected class. One example is an intentional bias against a protected class, also known as ___________ ___________.
disparate treatment.
Employers are prohibited from using employment practices and policies to negatively impact a protected class. One example is a process or procedure that is designed in a way that are discriminatory and can have a discriminatory outcome, also known as ___________ ___________.
disparate impact.
Which is an example of disparate treatment:
1.) A policy against hiring someone who is pregnant.
2.) Requiring an individual to own a car, even though it’s not necessary for the job.
1.) A policy against hiring someone who is pregnant.
Which is an example of disparate impact:
1.) A policy against hiring someone who is pregnant.
2.) Requiring an individual to own a car, even though it’s not necessary for the job.
2.) Requiring an individual to own a car, even though it’s not necessary for the job.
McDonnell Douglas Corp. v. Green (1973) established which precedent?
The precedent for disparate treatment.
Griggs v. Duke Power Co. (1971) established which precedent?
The precedent for disparate impact.
What is known as changes or adjustments that do not create an undue hardship for an organization?
Reasonable accommodations
Medications, hearing aids, or wheelchairs are/are not reasonable accomodations?
are not
Undue hardship refers to …
an action requiring significant difficulty or expense
What (2) terms refer to forms of slurs, graffiti, offensive or derogatory comments, and/or other verbal or physical conduct?
Harassment and Bullying
Illegal harassment refers to ….
behavior that is based or targeted on an individual being part of a protected class.
This for that or ….
Quid pro quo
What term refers to certain employment outcomes being linked to sexual favors?
Quid pro quo
Intimidating or offensive working condition’s that impact an individual’s ability to work or perform their job is known as a…
hostile work environment.
Meritor Savings Bank v. Vinson, Burlington Industries, Inc., v. Ellerth, and Faragher v. City of Boca Raton, all defined what behavior in the workplace?
Sexual harassment.
Which case was the first to recognize a hostile work environment as discrimination under Title VII?
Meritor Savings Bank v. Vinson
This is taking an adverse action against an employee or applicant because they complain about harassment, raise concerns about violations, or engage in other protected behavior.
Retaliation
Which case found that the filing period for an aggrieved employee to file a workplace discrimination complaint begins once they give notice of resignation, not the date of resignation?
Green v. Brennan
An employer forcing an employee to resign or makes the work environment so intolerable that a reasonable person could not sustain employment is known as …
constructive discharge.
BFOQ stands for …
Bona Fide Occupational Qualification
BFOQ is a ….
legitimate reason to exclude a person based on a protected class that would otherwise be illegal.
An EEO complain is also referred to as …
charge of discrimination.
A charge of discrimination is a ….
formal allegation that an employee believes they experienced discrimination at work by their employer.
An EEO-1 Report is for private sector employees …
with more than 100 employees to make workforce data available to the EEOC.
What does the Executive Order 11248, Section 503 of the Rehabilitation Act of 1973 and Section 4212 of the Vietnam Era Veterans Readjustment Assistance Act have in common?
Both outline that government contractors and subcontractors must provide affirmative action when recruiting, hiring, and employing qualified minorities, women, people with disabilities, and covered veterans.
OFCCP is the ….
Office of Federal Contractor Compliance Programs
The OFCCP enforces which laws, regulations, and executive orders with government contractors?
Affirmative action
Which executive order covers non-construction contractors with fifty or more employees and government contracts of $50,000 or more are required to develop and implement a written AAP?
Executive Order 11246
Every position within an organization should have a corresponding ______ _______.
job description
What section of a job description identifies change in duties, performing duties not listed, and employment relationship?
Disclaimer section
What section of the job description contains basic position and pay information?
General Information
What section of the job description contains a summary of the positions essential functions and it’s role in relation to the department or organizational unit?
Position Purpose
What section of the job description contains a list of the duties and responsibilities?
Essential Job Duties
What section of the job description contains the KSA’s required to perform the essential functions of the job?
Minimum Requirements
The ADA says job descriptions should list essential functions of a job in order of ________.
importance
The process of understanding a job and developing a job description and job specifications is known as …
job analysis.
______-________ job analysis focuses on specific steps a person takes to complete their duties.
Task-based
______-________ job analysis focuses on specific skills or capabilities that an individual must possess to perform the job effectively.
Competency-based
Observation or work sampling might revel enough information about a ________ job because the duties and tasks can be easily watched.
manual
Questionnaire or diary may identify items that a ____________ job doesn’t easily demonstrate.
professional
What refers to a process by which an organization ensures it employees the right number of qualified people with the necessary skills to achieve organizational goals and objectives?
Staff planning
Staff planning is comprised of what components?
Job descriptions, skills assessment of current workforce, turnover trends, and business trends.
What ratio identifies the number of available job positions compared to the number of applicants?
Selection ratio
Yield ratio is the
ratio of applicants in one stage of the hiring process versus the number that moves on to the next stage.
The % of candidates who accept a formal job offer is the
acceptance rate.
What formula is used for the cost of recruiting?
Sum of recruitment expenses needed for all people hired
What formula is used for the cost per hire?
Total recruiting costs /number of people hired
What theory is a legal theory that makes employers liable for a harmful act if the employer knew about the employee’s potential to cause harm?
Negligent Hiring
Touring the facility, an overview of the organization, completion of required HR and payroll forms, benefits enrollment, training on the rules, culture, and procedures of the organization, on-the-job training or job shadowing, and mandated training on safety, sexual harassment, nondiscrimination, whistleblower, and other topic are all part of what?
Onboarding
Onboarding can last as long as …
1-2 years
________ simply means hiring out contractors to do a job or certain task.
Outsourcing
______ ______ find and screen candidates for organizations with small HR departments or that are short on time.
Recruitment agencies
_______ _______ are used during the busy seasons or for specific projects. This allows the organization to work with individuals who are ______-________ experts.
Independent contractors; subject-matter
A ________ ________ _________ supplies its own workforce to an employer, which can mean lower benefit costs for the employer, but higher operational costs and limitations on HR management.
professional employer organization (PEO)
Which law makes it illegal for an employer to hire any person who is not legally authorized to work in the US?
Immigration Reform and Control Act of 1986 (IRCA)
Which (2) laws prohibit discrimination based on national origin?
IRCA and Title VII
Which servicing agency oversees and enforces immigration, including that which is employment related?
United States Citizenship and Immigration Services (USCIS) - a component of United States Department of Homeland Security.
H1-B, H-2A, H-2B, L, and O are all?
Types of Work Visa’s
Which work visa is grated to a person in Specialty Occupation, requiring a college degree or equivalent?
H1-B
Which work visa is grated to a temporary or seasonal agricultural worker, and is limited to immigrants from designated countries?
H2-A
Which work visa is grated to temporary or seasonal nonagricultural worker, and is limited to immigrants from designated countries?
H2-B
Which work visa is grated to an intracompany transferee, allowed to work in a particular entity or location of the current employer in a managerial or executive role, or in a position requiring specialized knowledge, requires one year of continuous employment by current employer within the past three years?
L
Which work visa is grated to an individual with extraordinary ability or achievement in business, science, arts, athletics, education, and other categories, must demonstrate national or international acclaim and continue to work their field of expertise, also includes individuals providing essential services in support of a worker in this category?
O
This form is a government-issued form that documents the evidence of a new employee’s authorization to work in the United States and certifies the employers action’s taken to verify this evidence. Must be completed within (3) days of employee’s hire.
Form I-9
Which document proves identity and authorization to work?
US Passport (unexpired)
Which document proves identity only?
Driver’s License
Which document proves authorization to work only?
Social Security card
Documentation regarding I-9 vertification must be kept for ___ years from the date of hire OR ___ year after the employee leaves, whichever occurs first:
1.) 3, 5
2.) 5, 1
3.) 3, 2
4.) 3, 1
4.) 3, 1
_______ is an internet-based system that verifies employment eligibility ONLY AFTER making a decision to hire. It is voluntary unless the company is a certain type of federal contractor or otherwise required to participate.
E-Verify