Ethical and Legal Aspects of T and D. Difference between T and D? Training – specific skills...
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Transcript of Ethical and Legal Aspects of T and D. Difference between T and D? Training – specific skills...
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Ethical and Legal Ethical and Legal Aspects of T and DAspects of T and D
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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
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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
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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
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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.
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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
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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.
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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
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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)
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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_______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
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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
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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
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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
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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
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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