Workplace II Flashcards
Corporate Social Responsibility
Represents the organization’s commitment to operate in an ethical and sustainable manner, by engaging in activities that promote and support philanthropy, transparency, sustainability, and ethically sound governance practices.
Corporate social responsibility (CSR)
- Traditional concerns of ethical behavior
2. Newer issue of sustainable behavior
CSR as a way to
- Compete for and retain top talent.
- Remain competitive in the talent market.
- Increase employee engagement.
- Attract socially conscious customers.
PESTLE affect on CSR
Environmental concerns: climate change has increased govt regulations and requirements- including reporting requirements - Sustainability has become more central to corporate branding.
PESTLE affect on CSR
Economic Pressures: Energy efficiencies can have an even larger impact in times of financial limits, which can encourage sustainability efforts.
PESTLE affect on CSR
Economic pressures: Limit corporations’ willingness to finance sustainability efforts.
PESTLE affect on CSR
Sociopolitical forces: Same-sex marriage: Changing public perceptions on key issues such as diversity and environmental concerns have also helped shape which social responsibility efforts are emphasized and what the “appropriate” responses are.
CSR steps: From a purely tactical, reactive approach; to a more strategically integrated position
Compliance: Defensive posture and sees social responsibility as a cost of doing business-a tactical response to regulatory requirements or negative publicity. They may be a means of demonstrating good corporate citizenship, but such efforts rarely align-and often directly conflict with corporate strategy
CSR steps: From a purely tactical, reactive approach; to a more strategically integrated position
Integration: CSR is integrated into the regular functioning of the business. These organizations have redesigned their products or services and their processes and procedures to be more responsible and sustainable. These companies approach CSR as enlightened self-interest.
CSR steps: From a purely tactical, reactive approach; to a more strategically integrated position
Transformation: Organizations have redefined themselves, their brand, to reflect a commitment to CSR. This becomes part of a strategy to differentiate the organization from its competitors. Example, numerous food producers promote their products by focusing on sustainable practices regarding local sourcing (to lower carbon use in transportation)
4 key HR opportunity areas for CSR
Culture change: Increasing stakeholder engagement and becoming more customer-responsive are difficult and critically important and HR is perfectly positioned to help with these human related objectives.
4 key HR opportunity areas for CSR
Corporate strategy: The more directly involved stakeholders are in the strategic process and such involvement is a measured aspect of GRI (Global reporting initiative sustainability measurement and reporting from organizations) reporting the more central HR’s role can become in strategic planning.
4 key HR opportunity areas for CSR
Organization effectiveness: CSR requires decisions and changes regarding corporate structure and processes. Is there to be a separate CSR department? Are outside organizations or consultants needed? HR is well- equipped to help match the right structures and processes to the organization’s culture and needs.
4 key HR opportunity areas for CSR
Human capital development: Creating a CSR strategy redefines how a company sees its mission and goals and how its employees see their jobs.
“Advancing Sustainability: HR’s Role” lists seven areas that will be affected:
- Employee contract; The desire for meaningful work in an organization that values sustainability is a trend that HR must, first, actively convey to management and, second, weave into the corporate culture.
“Advancing Sustainability: HR’s Role” lists seven areas that will be affected:
Recruiting: Recruiting efforts need to be refocused, incorporating the organization’s sustainability profile into its employee value proposition (EVP)
“Advancing Sustainability: HR’s Role” lists seven areas that will be affected:
Brand: Many workers, skilled and talented younger workers especially, look beyond salary and benefits. An organization’s environmental and social record, the volunteer opportunities the organization provides its workers, their sense that they can “make a difference” or be creative and innovative within an organization
“Advancing Sustainability: HR’s Role” lists seven areas that will be affected:
Engagement: Employees will need to be given opportunities to act on their interests in promoting the social and environmental responsibility espoused by the organization’s mission and values.
“Advancing Sustainability: HR’s Role” lists seven areas that will be affected:
How people work: Efforts to reduce an organization’s carbon footprint will require openness to new ways of working, and this may involve everything from telecommuting to flextime to new technologies.
“Advancing Sustainability: HR’s Role” lists seven areas that will be affected:
Accountability and measurement: CSR will need to be incorporated into key performance indicators. Reporting mechanisms that create accountability for sustainability performance will need to be implemented.
“Advancing Sustainability: HR’s Role” lists seven areas that will be affected:
Training and leadership development. Sustainability will need to be woven into all training and leadership development curricula.
Compliance
In accordance with all national, federal, regional, or local laws, regulations, and government authority requirements for all the nations in which an organization operates.
Ethical behavior
Focuses on acting according to “core ethical beliefs and convictions” about “honesty, respect, fairness, and responsibility.” Compliance focuses on fulfilling the technical requirements of regulations.
Ethics in the Supply Chain
- Know the provenance of every product it sells -who sells them the product and where the product is made.
- Set and assess workplace standards for suppliers factories.
- Work with suppliers, governments, and nongovernmental organizations to address challenges within the supply chain.
- Support factories to help them achieve the retailer’s standards.
What is the best definition for the term governance?
Organizational rules and processes used to foster ethical and compliant behavior
Sustainability
Originally referred to an ecological goal, the preservation of the environment.
Sustainability
Projects undertaken by an organization were considered sustainable to the extent that they minimized the negative impact on the environment by using as few resources as possible and/or relying on the environment by using as few resources as possible and/ or relying on renewable resources.
To be sustainable
An organization’s practices must be analyzed in terms of their social, environmental, economic effects. These perspectives are sometimes referred to as the 3 Ps, for people, planet, profits.
To be sustainable
Environmental concerns include issues such as use of resources and the release of environmental contaminants. Social concerns involve impacts on health, safety, and well-being.
To be sustainable
Economic considerations recognize that businesses need to be profitable in order to fulfill their ethical obligations to investors and to continue to employ people.
Sustainability: Redefining stakeholders
Stakeholders are all those affected by the organization’s social, environmental, and economic impact-shareholders, employees, customers, suppliers, regulators, and local communities.
“creating economic value in a way that also creates value for society by addressing its needs and challenges.”
Reconceiving products and markets. This begins by asking, “Is our product good for our customers?” Their examples include new efforts to meet the needs of emerging economies and other under-served markets, such as inexpensive mobile phones that enable mobile banking for low-income consumers in emerging markets.
“creating economic value in a way that also creates value for society by addressing its needs and challenges.”
Redefining productivity in the value chain: By examining each player and process in the value chain—reducing waste, minimizing use of resources, and ensuring the health and safety of workers—organizations can both cut costs and benefit society.
“creating economic value in a way that also creates value for society by addressing its needs and challenges.”
Enabling local cluster development: Porter and Kramer argue that most companies’ success is dependent on a cluster of other organizations (related businesses, suppliers, schools) and infrastructure (roads, communication networks, water and energy supply). Shared value results when organizations build and enhance the local cluster and improve the conditions of those operating in it, benefiting the organization and its community.
triple bottom line
(a term coined in 1994 by John Elkington) applies sustainability’s 3 Ps principle, arguing that the environmental and social costs and benefits generated by an organization should be considered as well.
Social Audit Areas of Examination: Ethics
Are the organization’s policies, practices, and day-to-day activities fair, honest, and transparent?
What are its charitable giving and volunteering efforts?
Social Audit Areas of Examination: Staffing
How does the organization reward, train, and develop its staff?
How does it ensure nondiscriminatory, fair, and equitable treatment of all its workers?
How does it promote diversity and inclusion?
Social Audit Areas of Examination: Environmental
What are the organization’s policies regarding energy use, waste management and disposal, environmental impact of projects, and damage reduction?
Social Audit Areas of Examination: Human Rights
How does it ensure that it does not violate human rights or deal, trade with, or support any organization that violates human rights?
Social Audit Areas of Examination: Community
What are its policies relating to the local community and community involvement?
How well does it uphold agreements made to or with the community?
Social Audit Areas of Examination: Society
How does the enterprise seek to improve or benefit society?
How does that translate into policies, activities, and procedures?
Social Audit Areas of Examination: Compliance
How does the organization ensure its compliance with statutory and legal requirements (e.g., health and safety, employment law, environmental law, criminal law, financial and tax laws)?
What have the new definitions of sustainability retained from their ecological origins?
Focus on long-range considerations of value rather than short-term returns
Code of conduct (or code of ethics)
Defined as principles of conduct within an organization that guide decision making and behavior
Code of conduct should enable employees to:
- Recognize potential compliance and ethical risks.
- Apply a framework or decision-making process to their resolution.
- Articulate reasons for the decision based on the code.
- Understand stakeholder ethical/compliance expectations and the costs/benefits of meeting them.
Code of conduct should enable employees to:
- Track and report on their code adherence.
6. Assess the risks of future actions and initiatives.
An effective code of conduct
- Is clear about its objectives
- Is understandable in its language. Codes should be translated into the languages of all countries in which the organization has employees.
An effective code of conduct
- Equips employees to respond to real situations. It should reflect the specific and unique challenges of the particular organization’s industry and its locations.
An effective code of conduct
- For the global organization, balances a deep understanding of how acceptable behavior differs from one location to the next with an acceptance of the organization’s core values.
Code of conduct creation and implementation process
- Gain senior management commitment.
- Agree on the purpose and uses of the code.
- Identify all stakeholders and their priorities and concerns.
- Identify who should be directly involved in the code creation process.
- Review existing frameworks and guidelines.
- Draft the code (perhaps done by working group involving key organizational functions)
Code of conduct creation and implementation process
- Test, pilot, and revise the code as necessary.
- Gain formal approval
- Publish and publicize.
- Review after implementation.
- Train and communicate to the entire organization.
- Connect the code to performance management policies and systems and internal controls.
two-part code to the code of conduct
- Defines the organization’s values, principles, and obligations to its internal and external stakeholders.
- Defines what the organization expects of its people, providing guidelines for expected employee/agent behaviors.
Part one of the code of conduct: Organization’s Values
- Commitment of leadership to the code. This may be in the form of a statement from the CEO or board of directors.
Part one of the code of conduct: Organization’s Values and principles
- Mission statement and/or vision statement
- Organizational values and principles. As the mission statement provides a broad-brush declaration of what the organization hopes to accomplish, this provides a declaration of the values it will uphold in achieving its goals.
Part one of the code of conduct: Organization’s relation to community, environment, and society.
The organization’s CSR stance, this presents a more detailed set of principles and goals, specifying the organization’s ethical obligations to all its various stakeholders. It should enable someone to make decisions about future organizational actions.
Part two of the code of conduction: Organization’s expectations: Ethical and conduct guidelines
This will likely include such areas as conflict of interest, bribery/corruption, confidentiality, privacy, harassment, record keeping, relations with external stakeholders, use of company resources, and so on.
Part two of the code of conduction: Organization’s expectations: Examples of ethical and unethical behavior
The goal here is to help employees recognize a potential risk or conflict when it arises.
Part two of the code of conduction: Organization’s expectations: Specific rules of conduct
These cover issues of compliance with specific external regulations. This may be a separate document or even a set of function-specific documents for separate departments within the organization.
Part two of the code of conduction: Performance evaluation
Employees should have a clear sense of accountability and of how conduct will be evaluated and acted upon. Clear channels for reporting misconduct should be specified.
Key Components of a compliance program
Be supported by a corporate culture and clearly defined channels and procedures supporting the culture’s values and goals - that encourages employees to seek advice on compliance and ethical issues and to report transgressions.
Key Components of a compliance program
Have a comprehensive educational component that provides not only rules of conduct but decision-making guidance.
Key Components of a compliance program
Have an ongoing monitoring, auditing, and evaluation component that ensures its effectiveness.
Compliance program: Process evaluation
Purpose is to monitor which program activities are actually performed and what their outputs are.
Compliance program: Process evaluation
Asks questions such as: What training classes exist? How often are they given? How many attend? What knowledge do they retain? What is their satisfaction with the courses?
Compliance program: Outcomes Evaluation
Aims to determine the actual results achieved by the program.
Compliance program: Outcomes Evaluation
It asks questions such as:
Is there less misconduct?
Is there less exposure to risk for misconduct?
Can employees and agents recognize compliance issues at work?
How often are decisions made with reference to standards, procedures, and expectations?
Compliance program: Outcomes Evaluation
How willing are employees and agents to seek advice?
How willing are employees and agents to report concerns?
Compliance program: Outcomes Evaluation
How satisfied are those who report their concerns with the response from management?
How committed are employees to the organization?
Does the culture of the organization promote ethical conduct and discourage misconduct?
What two dimensions of HR make it central to fulfilling the code of conduct’s role in the organization?
Educator and stakeholder outreach lead
What is a key component of compliance program training?
Ensuring that all employees know where to seek compliance and ethical advice and feel they can do so without fear
Earliest initatives related to corporate governance was the
Guidelines for multinational enterprises, established by the organization for Economic Co-operation and Development (OECD) in 1976.
Economic Co-operation and Development (OECD) in 1976.
Derives from international labour organization (ILO) Conventations - are recommendations from OECD member governments, consistent with their laws, to multinationals. Adherence is voluntary and not enforceable by the government
Economic Co-operation and Development (OECD) in 1976.
Guidelines cover:
- Disclosure and transparency
- Workforce relations
- environment
- combating bribery
- Consumer interests
- Application of and access to science and technology
Ten Principles of UN Global Compact
Human Rights
Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights; and
Principle 2: Make sure that they are not complicit in human rights abuses.
Ten Principles of UN Global Compact
Labor
Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining;
Principle 4: The elimination of all forms of forced and compulsory labour;
Principle 5: The effective abolition of child labour; and
Principle 6: The elimination of discrimination in respect of employment and occupation.
Ten Principles of UN Global Compact
Environment
Principle 7: Businesses should support a precautionary approach to environmental challenges;
Principle 8: Undertake initiatives to promote greater environmental responsibility; and
Principle 9: Encourage the development and diffusion of environmentally friendly technologies.
Ten Principles of UN Global Compact
Anticorruption
Principle 10: Businesses should work against corruption in all its forms, including extortion and bribery.
Caux Principles
One of the earliest employer-led efforts to establish an international code of ethics, developed by a network of business leaders from Europe, Japan, and the United States (the Caux Round Table).
Caux Principles
Set of international business standards based on two underlying values: human dignity and “kyosei” the Japanese ideal of living and working together for the common good. The principles emphasize respect for rules, the environment, and stakeholders
ISO 26000
ISO 26000 is a quality standard that provides guidance on key themes of social responsibility.
ISO 26000
Contains principles of social and environmental responsibility as well as guidance for action and expectations for implementation.
SA8000
Social Accountability International (SAI) is an international nongovernmental organization that aims to improve workplaces and communities by developing socially responsible standards for certification. SA8000 is a certifiable standard focusing on human rights and labor relations, providing both process and performance criteria. It is based on both United Nations and ILO standards
GRI G4 Sustainability Reporting Guidelines
the Global Reporting Initiative (GRI) G4 Sustainability Reporting Guidelines are the universally accepted standard for reporting of an organization’s sustainability efforts and progress, enabling meaningful and consistent comparisons of multinational organizations’ sustainability performance.
GRI-G4 Material Aspects: Economic
- Economic Performance
- Market Presence
- Indirect Economic Impacts
- Procurement Practices
GRI-G4 Material Aspects: Environmental
Materials, energy, water, biodiversity, emissions, effluents and waste, products and services, compliance
GRI-G4 Material Aspects: Social
Employment, labor/management relations, occupational health and safety, training and education, local communities, anti-corruption, public policy, anti-competitive behavior
GRI-G4 Material Aspects: Social
Diversity and equal opportunity, equal remuneration for women and men, supplier assessment for labor practices, labor practices grievance mechanisms, human rights, such investment, non-discrimination, freedom of association and collective bargaining, child labor, forced or compulsory labor, security practices
GRI-G4 Material Aspects: Social
Indigenous Rights
Assessment
Supplier Human Rights Assessment
Human Rights Grievance Mechanisms
GRI-G4 Material Aspects: Social
Compliance
Supplier Assessment for Impacts on Society
Grievance Mechanisms for Impacts on Society
GRI-G4 Material Aspects: Social
Customer Health and Safety Product and Service Labeling Marketing Communications Customer Privacy Compliance
CSR implementation process: Step 1: Executive Commitment
Any strategic initiative requires buy-in at the highest level. The key to getting that buy-in is making the business case for CSR- demonstrating that it has business value.
Three Areas of CSR Value Creation: Growth
Composition of business portfolio
Innovation and new products
Reaching new customers and markets
Three Areas of CSR Value Creation: Returns on Capital
Green sales and marketing
Sustainable value chains
Sustainable operations (e.g., reducing emissions, energy, waste, water)
Three Areas of CSR Value Creation: Risk Management
Operational risk management
Reputation management
Regulatory management
CSR implementation process: Step 2: Assessment
Assessment aims to provide a detailed picture of where the organization is at present and by “framing” that picture within the context of existing CSR guidance, template, and initiatives already reviewed- also visualize the direction in which the organization can go.
2 components of the assessment for CSR
- Reviewing systems and procedures within one’s own organization to determine their current state of sustainability
2 components of the assessment for CSR
- Gathering input from internal and external stakeholders.
- Reviewing systems and procedures within one’s own organization to determine their current state of sustainability
For global organizations, a review of all subsidiaries, with an eye toward identifying local differences that a CSR strategy will need to take into consideration
- Reviewing systems and procedures within one’s own organization to determine their current state of sustainability
The supply chain (Organizations are held accountable for the actions of their vendors and suppliers; the supply chain can also be a source of sustainability measures that have an immediate economic as well as environmental return.)
- Gathering input from internal and external stakeholders.
Internal stakeholders: Where do they feel your organization and its practices, policies, and procedures are at present? What would they like to see change or improve? What are their priorities? How can they impact an organization’s sustainability practices and strategies?
- Gathering input from internal and external stakeholders.
External stakeholders: What is their assessment of the organization’s current sustainability progress? What are their priorities?
Infrastructure creation of CSR
This step involves creating the infrastructure and that will be responsible for guiding, overseeing, administering, reviewing, and championing the CSR strategy.
Questions to include while building the infrastructure of a CSR
- Will there be a single head of CSR?
- Will a separate sustainability department be created?
- Will HR spearhead strategic implementation?
- For a global corporation, will there be a local departments, divisions, or individuals responsible for local efforts, and how will these be coordinated with global goals and initiatives?
Questions to include while building the infrastructure of a CSR
How will data be collected, who will it go to, and who will evaluate results?
Will outside consulting organizations or individuals need to be brought in to organize and administer the effort?
CSR Step: Plan implementation: Key tasks in this step are to:
Set the strategy.
Set priorities and objectives. These should incorporate a clear sense of how intermediate, tactical steps will lead to long-term objectives. They should also clearly define how results will be measured and who is accountable.
Plan implementation: Key tasks in this step are to:
Implement the action plan created.
CSR Step 5: Measurement, Reporting, and Evaluation
Make sure a complete reporting and evaluating infrastructure is in place. (Everyone in the organization should know what, when , and how to provide data, and those responsible for analyzing and reporting on the data should likewise have a clear agenda, schedule, and set of procedures)
CSR Step 6: Reassessment and revision
It is useful to continue to think in terms of the sustainability maturity curve, continually reassessing where the organization is along the curve and considering what next steps would move the organization further up the curve.
Supported Employee volunteering
The employer recognizes employee volunteer activities and may provide resources or funding if requested by the employee.
Empoyer-Sponspored Volunteering
Employees volunteer in the name of the employer in areas that contribute to the employer’s reputation.
Employer-Planned Volunteering
Employees volunteer within a framework of projects developed by the employer, which contributes to reputation or business objectives.
Business-integrated employee volunteering
Employees volunteer within a strategic framework developed by the employer, which contributes to business objectives.
The consitution
Highest law in the country and the foundation on which all U.S. law has been built. The constitution defines the powers of the different federal government branches (executive, legislative, judicial) and how these entities operate and interrelate. Provides principles, such as fundamental freedoms and rights.
Statutes
Refer to actions passed by legislative bodies, such as Congress and state legislatures, and by local government units, such as cities and counties.
Regulations
Reflect how laws will be implemented and often have the force of law. Regulations are proposed, adopted, and enforced by administrative agencies to whom government units have delegated specific rule-making authority.
Executive Orders
Executive order made by the President of the United States.Telling that governmental unit how it will act or interact with members of its community.
Agency guidelines
Administrative agencies may also issue guidelines that interpret how laws and regulations will be enforced.
Common law
Based on court decisions, rather than statutory law, and is recognized on the federal level and in whole or in part in nearly all states. At-will employment is an example of common law.
Common law
once a court of sufficient authority decides what the law is in a particular circumstance, subsequent courts dealing with similar cases must apply that principle of law.
Rule making process
- Rule is proposed
- Public comment is invited
- final rule is issued
Amendment
Modification of the constitution or a law. Amendment modification may alter the actual text of the Constitution or law. But even if the text is not changed, an amendment changes its effect.
Bill
A proposal presented to a legislative body for possible enactment as a statute.
Public comment period
The time allowed for the public to express its views and concerns regarding an action of an administrative agency
Veto
Action of rejecting a bill or statute.
Title VII prohibits discrimination against an employee for exercising rights protected by the statute (e.g., retaliation). Should the U.S. Supreme Court issue a ruling that an employer’s response to an employee’s discrimination claim is unlawful retaliation, this would be an example of
Case law
Essentials every business should have in place to be compliant and to prevent potential liabilities and employee lawsuits
- Workplace policies, procedures, and training programs.
- Workplace posters.
- New-employee orientation to explain and clarify policies.
- Workers compensation insurance as required by state law.
- Proper withholding of taxes from employee pay.
- Paychecks delivered in accordance with the law
Essentials every business should have in place to be compliant and to prevent potential liabilities and employee lawsuits
- Compliance training that educates employees and managers how to understand and comply with the law.
- An organizational code of conduct that reflects the organization’s values and complies with applicable laws.
- Communication of the code of conduct throughout the organization.
- An organizational compliance hotline for employees and other individuals (whistleblowers) to report disciminatory employment practices
Essentials every business should have in place to be compliant and to prevent potential liabilities and employee lawsuits
- Provisions to protect employees who report discriminatory employment practices or participate in an investigation of a discriminatory employment practice.
Consult with the organization’s attorney to prepare for complaints.
With the attorney, HR can review likely scenarios and develop appropriate processes that ensure a prompt, consistent, and legally safe response. HR must act quickly once the possibility of litigation arises. Having legally reviewed checklists and communication templates in place will speed the organization’s response
Deliver training related to litigation responsibilities.
Improper communication and document handling can have severe repercussions for the organization.
Employment Practices Liability Insurance (EPLI)
Is a type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.
Employment Practices Liability Insurance (EPLI) covers
It covers such things as discrimination, breach of contract, and wrongful discharge suits, which usually are not covered by general liability insurance. Directors’ and officers’ liability insurance just protects the individual and not the company itself. EPLI is most commonly designed to fill this gap in coverage.
Employment Practices Liability Insurance (EPLI) cost
The cost of EPLI coverage depends on the type of business, the number of employees, and other risk factors (such as whether the organization has past employment practices claims and lawsuits.)
Employment Practices Liability Insurance (EPLI) cost
EPLI policies typically reimburse the costs of defending a lawsuit in court and for judgments and settlements. The policy covers legal costs regardless of the outcome. Policies typically do not pay for punitive damages or civil or criminal fines.
Effective investigation: Address confidentiality
Investigators should assure employees that information will be held in confidence as much as possible. Disclosed information should be discussed with others on a “need to know” basis only. NLRA and EEOC has taken the position that generalized instructions of confidentiality in all employee investigations are a violation of the NLRA because they prevent employees from discussing work-related issues.
Effective investigation: Select investigator
An investigator should be chosen who is perceived as fair and unbiased by employees, is generally respected by employees, and is emotionally intelligent and has a strong questioning and listening skills.
Effective investigation: Create plan
A list of interviewees must be created. Investigators should develop interviewing guides to ensure that questions are relevant and focused on the information that must be uncovered and that they do not intimidate those being questioned.
Effective investigation: Conduct interviews
Detect inconsistencies, evasions, implausible statements, and contradictions. Two interviewers.
Effective investigation: Create report, if appropriate
Evidence from the investigation should be summarized in a thorough report.
antidiscrimination legislation (EEO)
Employers should not make employment decisions on the basis of an applicant’s or employee’s race, sex (including pregnancy), ethnicity, national origin, citizenship, religion, age, color, military/veteran status, genetic information, family and medical leave entitlement, disability status, and other factors.
Disparate treatment
Discrimination occurs when an applicant or employee is treated differently because of his or her membership in a protected class
Disparate (Adverse) Impact
Results when a neutral policy has a discriminatory effect. Example would be nonessential education requirements for certain jobs that impact minority groups looking for work who have been limited in their access to educational opportunities.
Civil Rights Act of 1964
First comprehensive federal law making it unlawful to discriminate in employment on the basis of race, color, religion, sex, or national origin.
Title VII of the Civil Rights Act
Passed to bring about equality in hiring, transfers, promotions, compensation, access to training, and other employment-related decisions
Sex
Classification of people as male or female; it refers to the biological and physiological characteristics that define men and women.
National origin
refers to the country of one’s birth or of one’s ancestors birth.
Title VII defines national origin discrimination
Denial of equal employment opportunity because of an individual’s, or his or her ancestors , place of origin or because an individual has the physical, cultural, or linguistic characteristics of a national origin group.
Gender
refers to the socially constructed system that associates masculinity or femininity with certain roles, behaviors, activities, and attributes.
Affirmative action purposes
Employers may legitimately need information about their employees’ or applicants’ race for affirmative action purposes and/or to track applicant flow. Employers subject to affirmative action obligations must ensure that such information is collected in a manner compliant with all relevant laws.
Harassment/hostile work environment.
Title VII prohibits sexual harassment and harassment based on the other protected categories.
Title VII Exceptions: Work-related requirements
An employer may be able to defend a practice that has a disparate impact on a class of people but is job-related and required by business necessity.
Title VII Exceptions: Bona fide occupational qualification
If religion, sex, or national origin is a bona fide occupational qualification (BFOQ) reasonably necessary to carrying out a particular job function in the normal operations of the organization, the factors may be used in employment practices. Race can never be a BFOQ.
Bona fide seniority systems.
Bona fide seniority systems that were not designed to discriminate are lawful under Title VII.
Affirmative action plans.
Targeted or selective selection to fulfill an affirmative action plan can be a “consideration” in the otherwise antidiscrimination approach of the legislation within the Civil Rights Act of 1964, although for decades such practices have given rise to “reverse” discrimination cases in state and federal courts, including the U.S. Supreme Court.
Title VII
established the Equal Employment Opportunity Commission to enforce anti discrimination provisions
The Equal Employment Opportunity Act of 1972
amended Title VII and gave the EEOC authority to “back up” its administrative findings and conduct its own enforcement litigation.
The Equal Employment Opportunity Act of 1972
Expanded Title VII coverage to include educational institutions, state and local governments, federal executive agencies, and defined units of the other branches.
The Equal Employment Opportunity Act of 1972
Reduced the number of employees needed for a private employer to be covered by the act (from 25 to 15).
The Equal Employment Opportunity Act of 1972
Expanded the period of time charging parties have to file their charges with the commission (180 or 300 days rather than 90 or 210 days).
The Equal Employment Opportunity Act of 1972
Expanded the period of time charging parties have (90 days rather than 30 days) to file a lawsuit after the EEOC has informed them that it is no longer working on their charge (allowing charging parties a better chance to find a lawyer if they wish to pursue their charges in court).
The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII
to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions; it requires employers to treat pregnancy the same as any other temporary disability
Uniform Guidelines on Employee Selection Procedures
cover all aspects of the selection process, including recruiting, testing, interviewing, and performance appraisals (to the extent that they are used to make employment decisions).
Uniform Guidelines on Employee Selection Procedures
The guidelines recommend that employers (including federal contractors) be able to demonstrate that selection procedures that have an adverse (or disparate) impact upon minorities or women are valid in predicting or measuring performance in a particular job.
The passage of the Civil Rights Act of 1991
The statute negated several of the Court’s decisions and also added some new provisions, most notably one that allows employees who win discrimination cases to collect punitive and compensatory damages.
The passage of the Civil Rights Act of 1991
jury trials are allowed in cases where the plaintiff seeks compensatory or punitive damages.
Compensatory damages
are awarded to make an injured person “whole.”compensation for damaged property, lost wages or profits, pain, bereavement, medical expenses, etc., and financial payment for a person’s out-of-pocket losses and future expenses due to injury, disability, disfigurement, pain, and suffering and all actual losses, whether economic or noneconomic.
Punitive damages (also called exemplary damages)
damages requested and/or awarded in a lawsuit when the defendant’s willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless. The purpose of punitive damages is to punish the defendant for outrageous misconduct and to deter the defendant (and others) from future similar misbehavior. Punitive damages are not possible against a governmental unit or agency under federal law. However, they may be available under state law.
An organization that offshores apparel fabrication has come under fire for using a supplier subcontractor cited for human rights violations. To avoid this situation in the future, which certification should the organization seek in their next supplier?
Rather than being limited to direct employees, SA8000 is a certifiable standard that can be used to ensure human rights in extended supply chains. While the other options include human rights components, it is not their sole focus, and they are not designed for certification.
How do the Organisation for Economic Co-operation and Development (OECD) Guidelines support corporate governance?
The OECD Guidelines help both member and nonmember countries address global issues. To that end, the OECD researches and promotes Guidelines ranging from governance to workforce relations, environmental concerns, and more.
What is the most significant impact of the creation of the triple bottom line?
The triple bottom line has become the foundation for measurement and public reporting of CSR or sustainability performance by multinational corporations. That, in turn, is significant because it allows fair and consistent comparisons and evaluations of corporate sustainability performance.
The key tasks at this step are to set strategy, set priorities and objectives (including how intermediate tactical steps will lead to long-term objectives), and implement the action plan. Establishing leadership roles (whether HR or a sustainability department or other structure) is an earlier step. Measuring results is a later step.
What is one of the key tasks of the “Plan implementation” step in the corporate social responsibility (CSR) strategic process?
Which statement about corporate social responsibility (CSR) policies and programs is correct?
Issuing annual sustainability or CSR reports has become expected of any global corporation. Key findings of the “KPMG Survey of Corporate Responsibility Reporting 2015” reveal that CSR performance is now regularly included in 60% of annual financial reports.
In developing a corporate social responsibility (CSR) strategy, an organization is reviewing existing international principles and guidelines. It is looking for CSR certification and is focusing its attention on human rights issues. Which set of guidelines is apt to be most useful to them?
SA8000, first issued in 1997, is a certifiable standard focusing on human rights and labor relations, providing both process and performance criteria. It is based on both United Nations and International Labor Organization (ILO) standards. While the other guidelines include human rights components, it is not their sole focus, and they are not designed for certification.
What is the goal of enabling local cluster developments?
Creating shared value. Porter and Kramer argue that most companies’ success is dependent on a cluster of other organizations (related businesses, suppliers, schools) and infrastructure (roads, communication networks, water and energy supply). Shared value results when organizations build and enhance the local cluster and improve the conditions of those operating in it, benefiting the organization and its community.
How have corporate social responsibility (CSR) strategies evolved in corporations?
They have redefined values and goals based on CSR principles.
An organization has designed and published its values, provided training on the values, and outlined an individual’s responsibilities in upholding those values. What has the organization created?
A code of ethics is a set of principles of conduct that guide decisions throughout the organization. In contrast, mission and vision statements summarize the organization’s business, priorities, and aspirations, and a strategic plan lays out methods for implementing the organization’s vision. A corporate philanthropy plan reflects an ethical value but does not concern principles that guide the organization’s business decisions and actions.
An agency drafts proposed changes in existing workplace safety requirements. The changes are not deemed critical. What will happen next?
Proposed changes in regulations are published, and public comment is invited for a defined period of time. Public comment is essential to ensuring that regulations are practical and enforceable. HR professionals should stay abreast of these proposals and submit comments.
