Ethical and Legal Ethical and Legal Aspects of T and DAspects of T and D

Difference between T and D?Difference between T and D?

Training – specific skillsTraining – specific skills

Development – intellectual capitalDevelopment – intellectual capital

Both are a planned effort to Both are a planned effort to “facilitate” learning of job related “facilitate” learning of job related behaviorbehavior

What is HRM relationship with T What is HRM relationship with T and D?and D?

Relates all HR practices and policies Relates all HR practices and policies to eeto ee

180 Billion spent on training yearly180 Billion spent on training yearly

LegalLegal

Federal Fair Employee PracticesFederal Fair Employee Practices Equal TreatmentEqual Treatment Title VIITitle VII “ “ cannot discriminate in T and D eithercannot discriminate in T and D either If training does have negative impact If training does have negative impact

the organization must be ready to the organization must be ready to demonstrate validitydemonstrate validity

Uniform GuidelinesUniform Guidelines

All training must be directly related All training must be directly related to job necessityto job necessity

Affirmative Action- all must have Affirmative Action- all must have equal chance to complete course.equal chance to complete course.

Training can not have negative Training can not have negative impact.impact.

ValidityValidity

Content ValidityContent Validity Training must show increased job Training must show increased job

performanceperformance Performance test must show difference Performance test must show difference

between trained and untrainedbetween trained and untrained

Criterion related validityCriterion related validity Selection must not have negative impact. Selection must not have negative impact. Selection for training courses must relate Selection for training courses must relate

to job performanceto job performance

Disparate TreatmentDisparate Treatment

Three step procedureThree step procedure Plaintiff must establish prima facie Plaintiff must establish prima facie

evidenceevidence They must belong to minority groupThey must belong to minority group Must be qualified for jobMust be qualified for job Must have been denied opportunity while Must have been denied opportunity while

others in non protected class were not.others in non protected class were not. Must show motivation to discriminateMust show motivation to discriminate Employer must show business Employer must show business

necessity.necessity.

To prevent lawsuitsTo prevent lawsuits

Design training programs that will Design training programs that will allow for differences by minorities allow for differences by minorities and women.and women.

Always, always evaluate transferAlways, always evaluate transfer

Ex At&t outside pole climbingEx At&t outside pole climbing

Adverse ImpactAdverse Impact

Make sure training materials equal Make sure training materials equal training readability requirements on training readability requirements on jobjob

Too difficult may have adverse impact Too difficult may have adverse impact on non English speakingon non English speaking

Use readability index ( # OF SYLLABLES Use readability index ( # OF SYLLABLES PER WORD)PER WORD)

Watch derogative commentsWatch derogative comments

“ “ teach old dog new tricks”teach old dog new tricks” Treat all participants the sameTreat all participants the same Remember people learn at different Remember people learn at different

speeds.speeds.

Equal Pay ActEqual Pay Act

Equal pay for equal work between Equal pay for equal work between gendersgenders

For = skill, knowledge, education etcFor = skill, knowledge, education etc Landmark case: First Victoria BankLandmark case: First Victoria Bank

Court ruled against training programCourt ruled against training program T program not in writingT program not in writing Ee was not given job hired forEe was not given job hired for T program excluded womenT program excluded women No consistent advancement from T No consistent advancement from T

program to full employmentprogram to full employment

Privacy ActPrivacy Act

Good idea to get releases Good idea to get releases Results of tests or training course Results of tests or training course

“may be given to supervisory “may be given to supervisory personnel.personnel.

New Age TrainingNew Age Training

Positive thinkingPositive thinking Emotional intelligenceEmotional intelligence HypnosisHypnosis ““seek to liberate minds by breaking old seek to liberate minds by breaking old

thinking habits’thinking habits’ May violate religious beliefsMay violate religious beliefs Court ruled OK if this type of training is Court ruled OK if this type of training is

voluntaryvoluntary Landmark case Krone Consultants at Pacific BellLandmark case Krone Consultants at Pacific Bell

Thought policeThought police

Always guard the rights of the Always guard the rights of the trainee!!!!trainee!!!!

Reasonably accommodateReasonably accommodate Inform trainees of training Inform trainees of training

techniques before hand.techniques before hand. Allow right to chooseAllow right to choose Be alert to all HR issuesBe alert to all HR issues

More legal issues that all require More legal issues that all require formal trainingformal training

Workplace safety OSHAWorkplace safety OSHA Sexual Harassment preventionSexual Harassment prevention Drug free workplace proceduresDrug free workplace procedures Trade secret handling proceduresTrade secret handling procedures Preventative training measuresPreventative training measures

Proper hiringProper hiring Firing, promotion, performance Firing, promotion, performance

evaluationevaluation

American With Disabilities ActAmerican With Disabilities Act

Reasonable accommodationReasonable accommodation Accessible locationsAccessible locations Interpreters for deafInterpreters for deaf Note takers for blindNote takers for blind MaterialsMaterials Audio/visualsAudio/visuals LightingLighting Reading disabilitiesReading disabilities Learning disabilitiesLearning disabilities

Behavior considered unethical forBehavior considered unethical for T and D Professionals T and D Professionals

Lack of professional developmentLack of professional development Violations of confidencesViolations of confidences Use of “cure all” programsUse of “cure all” programs Dishonesty regarding program Dishonesty regarding program

outcomesoutcomes Failure to give creditFailure to give credit Abuse of traineesAbuse of trainees Entertaining not trainingEntertaining not training No follow upNo follow up

Training programs must not have aTraining programs must not have a

A. Business necessityA. Business necessity B. Content validityB. Content validity C. negative impactC. negative impact

Trainers should always be Trainers should always be prepared to prove that their prepared to prove that their

programs programs A. ObjectivesA. Objectives B. validityB. validity C.Positive impactC.Positive impact

_______validity must necessitate _______validity must necessitate the analysis of ksa’sthe analysis of ksa’s

A. ContentA. Content B. Criterion B. Criterion C. Both above are correctC. Both above are correct

According to Uniform Guidelines According to Uniform Guidelines _________ ________ occurs _________ ________ occurs

when members of the protected when members of the protected class are denied access to equal class are denied access to equal employment opportunityemployment opportunity

A. Negative impactA. Negative impact B. Prima facieB. Prima facie C. Disparate treatmentC. Disparate treatment

What should training managers do What should training managers do to prevent disparate charges?to prevent disparate charges?

A. Document all training resultsA. Document all training results B. Redesign programs if neededB. Redesign programs if needed C. Both above may be necessaryC. Both above may be necessary

Training opportunities must not be Training opportunities must not be denied to the disabled because ofdenied to the disabled because of

.a. inability to offer correct lighting.a. inability to offer correct lighting b. inability to offer undue hardshipb. inability to offer undue hardship c. inability to offer reasonable c. inability to offer reasonable

accommodationaccommodation

Give examples of the following Give examples of the following unethical training practicesunethical training practices

Lack of professional DevelopmentLack of professional Development Violation of confidenceViolation of confidence Cure all programsCure all programs Dishonest reportingDishonest reporting Failure to give creditFailure to give credit Abuse of traineesAbuse of trainees Lack of follow-upLack of follow-up

Make sure that you apply both legalMake sure that you apply both legal and ethical aspects to your projectsand ethical aspects to your projects

Watch giving creditWatch giving credit