Post on 19-Dec-2015
Federal Employment Laws
© 2015 Cengage Learning
Employers may not discriminate in employment decisions based on sex, age,
religion, color, national origin, race, disability.
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Major Federal Employment Laws
• Equal Pay Act of 1963• Title VII of the Civil Rights Act of 1964• Age Discrimination in Employment Act of 1967• Pregnancy Discrimination Act of 1978• Americans with Disabilities Act of 1990• Civil Rights Act of 1991• Family and Medical Leave Act of 1993• Uniformed Services Employment and
Reemployment Rights Act of 1994
© 2015 Cengage Learning 11-1
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Federal Employment Laws
Equal Pay Act of 1963Equal Pay Act of 1963
Civil Rights Act of 1964Civil Rights Act of 1964
Age Discrimination inEmployment Act of 1967
Age Discrimination inEmployment Act of 1967
Pregnancy DiscriminationAct of 1978
Pregnancy DiscriminationAct of 1978
prohibits unequal pay for males and females doing similar work
prohibits unequal pay for males and females doing similar work
prohibits discrimination on basis ofrace, color, religion, gender, origin
prohibits discrimination on basis ofrace, color, religion, gender, origin
prohibits discrimination against persons age 40 and over
prohibits discrimination against persons age 40 and over
prohibits discrimination in employmentagainst pregnant women
prohibits discrimination in employmentagainst pregnant women
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Federal Employment Laws (cont.)
Americans with Disabilities Act of 1990
Americans with Disabilities Act of 1990
Civil Rights Act of 1991Civil Rights Act of 1991
Family & Medical LeaveAct of 1993
Family & Medical LeaveAct of 1993
prohibits discrimination on the basis ofphysical or mental disabilities
prohibits discrimination on the basis ofphysical or mental disabilities
strengthened the Civil Rights Act of 1964strengthened the Civil Rights Act of 1964
permits workers to take up to 12 weeksof unpaid leave for pregnancy, etc.
permits workers to take up to 12 weeksof unpaid leave for pregnancy, etc.
Adapted from Exhibit 11.2Uniformed Services Employment & Reemployment Rights Act
Uniformed Services Employment & Reemployment Rights Act
prohibits discrimination against those serving in the Armed Forces
prohibits discrimination against those serving in the Armed Forces
Equal Employment Opportunity Commission
• The EEOC has investigatory, enforcement, and informational responsibilities.
• It investigates charges of discrimination, enforces the provisions of these laws in federal court, and publishes guidelines (Uniform Guidelines on Employee Selection Procedures)that organizations can use to ensure they are in compliance with the law.
• These guidelines define two important criteria that are used to determine whether companies have engaged in discriminatory practices:– Disparate treatment– Adverse Impact
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Adverse Impact and Employment Discrimination
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Four-FifthsRule
Four-FifthsRule
AdverseImpact
AdverseImpact
DisparateTreatmentDisparateTreatment
Intentional discrimination that results in equally qualified people being treated differently
Unintentional discrimination that works to the disadvantage of member of protected groups
Comparison of selection rates of a protected to a nonprotected group, to determine if adverse impact has occurred1.21.2
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Determining Adverse Impact:The Four-fifths Rule
Source: Adoption of Questions and Answers to Clarify and Provide a Common Interpretation of the Uniform Guidelines on Employee Selection Procedures, Federal Register 44, no. 43 (March 2, 1979): 11998.
Exemptions From Antidiscrimination Regulations
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• Bona Fide Occupational Qualification (BFOQ)– Suitable defense against a discrimination
charge only where age, religion, sex, or national origin is an actual qualification for performing the job.
• Business Necessity– Work-related practice that is necessary to the
safe and efficient operation of an organization.
Sexual Harassment
© 2015 Cengage Learning
A form of discrimination in which unwelcome sexual advances, request for sexual favors, or other verbal or physical
conducts of a sexual nature occurs.
•Quid pro quo sexual harassment
•Hostile work environment
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Sexual Harassment
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HostileWork
Environment
HostileWork
Environment
QuidPro Quo
QuidPro Quo
unwelcome and demeaning sexuallyrelated behavior creates an intimidating and offensive work environment
unwelcome and demeaning sexuallyrelated behavior creates an intimidating and offensive work environment
employee outcomes depend on whether an individual submits tosexual harassment
employee outcomes depend on whether an individual submits tosexual harassment
Common Managerial Mistakes in Sexual Harassment Laws
• That the victim and harasser must be of the opposite sex
• That harassment can only occur between coworkers or supervisors and subordinates
• That only victims can file complaints
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Assuming:
What Should Managers Do?
• Respond immediately
• Write a clear sexual harassment policy
• Establish clear reporting procedures
• Be aware of local and state laws and enforcement agencies
© 2015 Cengage Learning11-1
Job Analysis
© 2015 Cengage Learning
A purposeful, systematic process for collecting information on the important
work-related aspects of a job.
•Work activities•Tools and equipment used to do to the job•Context in which the job is performed•The personnel requirements for performing the job
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Results of Job Analysis
• Job description– a written description of the basic tasks,
duties, and responsibilities required of an employee holding a particular job
• Job specification– a summary of the qualifications needed
to successfully perform a job
© 2015 Cengage Learning11-2
Using Job Analysis, Descriptions, Specifications
• Used throughout the staffing process to ensure that selection devices and decisions are job-related.
• Job analyses, descriptions, and specifications help companies meet legal requirements that HR decisions be job-related.
© 2015 Cengage Learning 11-2
© 2010 South-Western, a part of Cengage Learning. All rights reserved.
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1Job Description for an Employment Assistant
© 2010 South-Western, a part of Cengage Learning. All rights reserved.
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1Job Description for an Employment Assistant (cont’d)
© 2010 South-Western, a part of Cengage Learning. All rights reserved.
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1Job Description for an Employment Assistant (cont’d)
Internal Recruiting
The process of developing a pool of qualified job applicants from people
who already work within the company.
• Job posting
• Career path
© 2015 Cengage Learning 11-2
External Recruiting
Process of developing a pool of qualified job applicants from outside the
company.
•Advertising•Employee referrals•Walk-ins•Outside organizations•Employment services•Special events•Internet job sites
© 2015 Cengage Learning11-2
Selection• Selection
– the process of gathering information about job applicants to decide who should be offered a job
• Validation– the process of determining how well a
selection test or procedures predict future job performance
© 2015 Cengage Learning 11-3
Application Forms and Résumés
• Application forms may only ask for valid, job-related information
• Résumés pose a problem because of false data.
© 2015 Cengage Learning11-3
References and Background Checks
• Employment references– contacting previous employers or
coworkers to learn more about the candidate
• Background checks – used to verify accuracy of information
that applicants provide about themselves
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Getting Background Information
• Conduct criminal record checks• Ask applicants to sign a waiver to
check references, run a background check, or contact people with knowledge of work history
• Ask applicants if there is anything they want the company to know
• Consider hiring a private investigator
© 2015 Cengage Learning11-3
Selection Tests
• Specific ability tests• Cognitive ability tests• Biographical data (biodata)• Work sample tests (performance
tests)• Assessment centers
– in-basket exercise– leaderless group discussion
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Don’t Ask! Topics to Avoid in an Interview
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1. Children2. Age3. Disabilities4. Physical Characteristics5. Name6. Citizenship7. Lawsuits8. Arrest records9. Smoking10.AIDS/HIV
Clerical Test Items Similar to Those Found on the Minnesota Clerical Test
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Interviews
• Unstructured interviews– free-flow of questions
• Structured interviews– interviewer uses standard set of prepared
questions
• Semistructured interviews– some structure combined with interviewer
judgement
© 2015 Cengage Learning 11-3
Structured Interview Questions
© 2015 Cengage Learning
• Situational questions– ask applicants how they would respond in a hypothetical
situation • Behavioral questions
– ask applicants what they did in previous jobs that were similar to the job for which they are applying
• Background questions– ask applicants about their work experience, education, and
other qualifications • Job-knowledge questions
– ask applicants to demonstrate their job knowledge
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Training and Training Needs
• Training– providing opportunities for employees
to develop the job-specific skills, experience, and knowledge they need to do their jobs or improve their performance
• Needs assessment– the process of identifying and
prioritizing the learning needs of employees © 2015 Cengage Learning11-4
Determining Training Needs
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ConductingNeeds
Assessments
ConductingNeeds
Assessments
IdentifyPerformanceDeficiencies
IdentifyPerformanceDeficiencies
Test EmployeeSkills and
Knowledge
Test EmployeeSkills and
Knowledge
SurveyEmployers
and Managers
SurveyEmployers
and Managers
Listen toCustomer
Complaints
Listen toCustomer
Complaints
E-Learning
• Advantages– reduce travel costs– increase productivity– decrease employee stress
• Disadvantages – not always the appropriate method– not effective for changing behavior or developing
problem- solving skills – require significant investment in technology– many employees find it boring and unengaging
© 2015 Cengage Learning 11-4
Evaluating Training
• Reactions– how satisfied trainees were with the program
• Learning– how much employees improved their knowledge or
skills
• Behavior– how much employees actually changed their on-the-
job behavior
• Results– how much training improved job performance
© 2015 Cengage Learning11-4
Performance Appraisal
The process of appraising how well employee are doing their jobs.
© 2015 Cengage Learning11-5
Accurately Measuring Job Performance
• Objective performance measures– measures of performance that are
easily and directly counted or quantified (output, scrap, sales, etc)
• Subjective performance measures– require that someone judge or assess a
worker’s performance
© 2015 Cengage Learning 11-5
Rater Training
• Frame-of-reference training– a group of trainees learns how to do
performance appraisals by watching a video of an employee at work and then evaluating the person’s performance
– a trainer shares his or her evaluations, and trainees’ evaluations are compared with experts’
– expert explains his or her evaluation– process repeated until the differences are
minimized© 2015 Cengage Learning 11-5
Sharing Performance Feedback
• 360-degree feedback– feedback comes from four sources: the
boss, subordinates, peers and coworkers, and the employees themselves
© 2015 Cengage Learning11-5
Improving Performance Reviews
• Separate developmental feedback from administrative feedback
• Performance appraisal feedback sessions should be based on employee self-appraisals
• What people do with the feedback matters; it helps if people discuss their performance feedback with others, and discuss it with people who provided it
© 2015 Cengage Learning 11-5
Compensation
The financial and nonfinancial rewards that organizations give employees in
exchange for their work.
© 2015 Cengage Learning11-6
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Compensation Decisions
• Job evaluation
• Piecework
• Commission
• Profit sharing
• Employee stock ownership plans
• Stock options
• Hierarchical
• Compressed
PayLevel
PayVariability
PayStructure
• Cafeteria plans
• Flexible plans
• Payroll deductions
EmploymentBenefits
Pay-Level Decisions
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• Job evaluation is used to determine the worth of jobs– pay the “going rate”
• Should workers be paid at, below, or above current market wage?– attracts a larger, more qualified pool of applicants– increases the rate of job acceptance– decreases the time it takes to fill positions– increases the time that employees stay
Employment Benefits
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• Compensation other than direct wages• Employee benefits are legally mandated:
– Social Security– worker’s compensation– unemployment insurance
• Cafeteria benefit plans– employees can select from optional benefits
• Payroll deductions
Employment Separation
A broad term covering the loss of an employee for any reason.
•Involuntary separation•Voluntary separation
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Terminating Employees• Often mismanaged• Minimize problems in firing employees
– In most situations, firing should not be the first option.
– Employees should be fired only for a good reason
• wrongful discharge.• Employment-at-will.
• Employees should always be fired in private.
© 2015 Cengage Learning 11-6
Downsizing
The planned elimination of jobs in a company.
May actually decrease productivity and lead to loss of skilled workers.
© 2015 Cengage Learning11-6
Guidelines for Conducting Layoffs
• Provide clear reasons and explanations for the layoffs.
• To avoid laying off employees with critical or irreplaceable skills, knowledge, and expertise, get input from human resources, the legal department, and several levels of management.
• Train managers in how to tell employees that they are being laid off (i.e., stay calm; make the meeting short; explain why, but don’t be personal; and provide information about immediate concerns such as benefits, finding a new job, and collecting personal goods).
© 2015 Cengage Learning 11-6
Guidelines for Conducting Layoffs
• Give employees the bad news early in the day, and try to avoid laying off employees before holidays.
• Provide outplacement services and counseling to help laid-off employees find new jobs.
• Communicate with employees who have not been laid off to explain how the company and their jobs will change.
© 2015 Cengage Learning 11-6
© 2015 Cengage Learning
Retirement
• Early retirement incentive program (ERIP)– offer financial benefits to employees to
encourage them to retire early. – reduces number of employees, lowers costs,
creates new openings
• Phased retirement– employees transition to retirement by
working reduced hours before completely retiring
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