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Second Set 2


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Two-Factor Theory
Also referred to as the Motivation- Hygiene Theory, Two factors that affect employee behavior and satisfaction- motivation and hygiene factors.
Motivation- Intrinsic (growth, achievement, responsiblity, etc.), Can lead to job satisfaction but not dissatisfaction.
Hygiene- External (pay, policies, supervision, etc.), Can lead to job dissatisfaction but not job satisfaction.
Research supports this theory and improved absenteeism and turnover.
Maslow's Hierarchy And Workplace Utilization
Each level must be satisfied before the individual can move on to the next level *-this differentiates it. Physiological- Basic survival necessities- adequate compensation.
Safety- Freedom from harm- job security, safe workplace.
Social- Being accepted in a group- break rooms, social events, work teams.
Esteem- Self Respect and respect from others- praise, employee recognition programs.
Self-Actualization- Achieving ones potential- employee development programs, challenging work.
How do you calculate the turnover rate?
# of employees at start of period + # of employees at period end divided by 2 = average. Divide number of exits by average number of employees. E.g. 250 + 150 = 400/2 = 200; 40 exits divided by 200 employees = 5% turnover rate.
What is a Markov analysis?
Analysis of movement within the organization based on jobs.
What is a Ripple chart?
Analysis of domino effect of vacancies likely to be created by exits, promotions, departures, changes based on individual employees
What is a succession/replacement table?
Identification of who can replace whom in the company, usually to three or four levels
What is a staffing inventory?
A snapshot in time of current HR supply
What is succession management?
Strategies for ensuring performance and readiness for succession planning, includes talent management, training, performance management, etc.
When should quantitative analysis for HR suppy or demand be used?
When trends continue over time, historical and current data is available, and the organization is relatively stable.
When should qualitative data for HR supply and demand be used?
When there are no obvious trends or patterns, when little data is available, and when the future is uncertain.
What is the independent variable in the regression/analysis HR planning technique?
The fact on which a prediction is based
What is the predictor variable in the regression/analysis technique of HR demand planning?
That which you seek to predict, e.g. HR future demand.
Describe the four elements of the pincushion model for HR supply and demand planning
External current supply/demand
Internal current supply/demand
External future supply/demand
Internal future supply/demand
Griggs v. Duke Power (1971)
Test for hiring cannot be used unless job-related; organizations must show evidence of job-relatedness; not necessary to establish intent to discriminate.
McDonnell Douglas Corp. v. Green (1973)
Employer’s test device constitutes prima facie case of racial discrimination under four different criteria.
Albemarle Paper v. Moody (1975)
Need to establish evidence that test is related to content of the job; could use job analysis to do so but not evidence from global performance ratings made by supervisors.
Washington v. Davis (1976)
When a test procedure is challenged under constitutional law, intent to discriminate must be established; no need toestablish intent if filed under Title VII, just show effects.
Regents of University of California v. Bakke (1978)
Reverse discrimination not allowed; race, however, can be used in selection decisions; affirmative action programs permissible when prior discrimination established.
United Steelworkers v. Weber (1979)
Supreme Court ruled that the affirmative action plan did not violate Title VII since it included voluntary quotas.
Meritor Savings Bank v. Vinson (1986)
Supreme Court held that sexual harassment that alters an individual’s terms and conditions of employment violates Title VII of Civil Rights Act. Court also ruled that common law principles should be applied to guide lower courts in determining employer liability. How these principles are to be applied was later defined in Faragher and Ellerth.
Johnson v. Santa Clara County Transportation Agency (1987)
Supreme Court ruled that the county was justified in giving a job to a woman who scored two points less on an exam than a man; county had an affirmative action plan that was flexible, temporary, and designed to correct the imbalance of white males in the workforce.
School Board of Nassau v. Arline (1987)
Court ruled that persons with contagious diseases could be covered by the Rehabilitation Act.
Martin v. Wilks (1988)
Supreme Court agreed that white firefighters were entitled to sue the city for reverse discrimination.
City of Richmond v. J. A. Croson Company (1989)
Supreme Court ruled that the rigid numerical quota system was unconstitutional; city had not laid proper groundwork and had not identified or documented discrimination.
Johnson Controls (1990)
Supreme Court held that decisions about the welfare of future children must be left to the parents who conceive, bear, support, and raise them rather than to the employers who hire their parents.
Electromation, Inc., v. NLRB (1992)
NLRB held that action committees at Electromation were illegal “labor organizations” because management created and controlled the groups and used them to deal with employees on working conditions in violation of the NLRA.
E. I. Dupont & Company v. NLRB (1993)
Board concluded that Dupont’s six safety committees and fitness committee were employer-dominated labor organizations and that Dupont dominated the formation and administration of one of them in violation of the NLRA.
Harris v. Forklift Systems, Inc. (1993)
Supreme Court ruled that in a sexual harassment case the plaintiff does not have to prove concrete psychological harm to establish a Title VII violation.
St. Mary’s Honor Center v. Hicks (1993)
Supreme Court clarified the role of the burden-shifting analysis used in employment discrimination cases. Court emphasized that Title VII plaintiff bears ultimate burden of persuasion. Simply proving that employer’s asserted legitimate, nondiscriminatory reasons are false does not entitle plaintiff to prevail; plaintiff must also show that discrimination was real reason for employer’s actions.
Taxman v. Board of Education of Piscataway (1993)
District court held that a school board could not use racial diversity as an “educational goal” or as a justification for an affirmative action plan granting racial preferences in layoffs where there was no evidence of past bias against racial minorities.
McKennon v. Nashville Banner Publishing Co. (1995)
Supreme Court held that evidence of misconduct acquired after the decision to terminate cannot free an employer from liability, even if the misconduct would have justified terminating the employee.
Faragher v. City of Boca Raton and Ellerth v. Burlington Northern Industries (1998)
Court rulings that distinguished between supervisor harassment that results in tangible employment action and that which does not. When harassment results in tangible employment action, the employer is liable.
Oncale v. Sundowner Offshore Service, Inc. (1998)
Ruled that same-gender harassment is actionable under Title VII.
Circuit City Stores v. Adams (2000)
Ruled that a pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.
M. B. Sturgis, Inc. (2000)
NLRB returned to its original position, which held that employees obtained from a labor supplier cannot be included in a unit of permanent employees of the employer to which they are assigned unless all parties consent to the bargaining arrangement.
NLRB v. Weingarten, Inc. (2000 and 2004)
On June 15, 2004, NLRB ruled by a 3-2 vote that employees who work in a non unionized workplace are not entitled to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline. This decision effectively reversed the July 2000 decision of the Clinton board, which had extended Weingarten rights to non union employees.
Grutter v. Bollinger and Gratz v. Bollinger (2003)
Supreme Court ruled that the diversity of a student body is a compelling state interest that can justify the use of race in university admissions as long as the admissions policy is “narrowly tailored” to achieve this goal; University of Michigan did not make this showing for its undergraduate program (the Gratz case), but the law school admissions program (the Grutter case) satisfied this standard.
General Dynamics Land Systems, Inc., v. Cline (2004)
Supreme Court ruled that the federal age discrimination law does not protect younger workers—even if they are over 40—from workplace decisions that favor older workers.
Pennsylvania State Police v. Suders (2004)
Supreme Court held that in the absence of a tangible employment action, the Ellerth/Faragher affirmative defense is available in a constructive discharge claim to an employer whose supervisors are charged with harassment.
Smith v. Jackson, Mississippi (2005)
Supreme Court held that, like Title VII, the ADEA authorizes recovery on a disparate impact theory.
[1890] Sherman Anti-Trust Act
Prohibits businesses in interstate commerce from contracting,combining, or conspiring to restrain trade; prohibits attempting tomonopolize the market in a particular area of business.
[1914] Clayton Act
Exempts unions from the Sherman Anti-Trust Act; limits the use of injunctions to stop a strike.
[1926] Railway Labor Act
Provides for the right to organize and for majority choice of representatives; covers railroad and airline employees.
[1931] Davis-Bacon Act
Requires payment of specified wage rates and employee benefits on federal government contracts for public works construction in excess of $2,000.
[1932] Norris-LaGuardia Act
Prohibits “yellow-dog” contracts; prohibits injunctions for nonviolent activity of unions (strikes, picketing, and boycotts).
[1933] National Industrial Recovery Act
Guarantees employees the right to join unions and bargain collectively; was declared unconstitutional by the Supreme Court in 1935; replaced by the National Labor Relations Act.
[1934] Copeland “Anti-Kickback” Act
Prohibits contractors from inducing anyone in the construction or repair of public works to give up any portion of the compensation to which they are otherwise entitled.
[1934] Securities and Exchange Act
Extends the “disclosure” doctrine of investor protection to securities listed and registered for public trading on our national securities exchanges.
[1935] National Labor Relations Act (NLRA; Wagner Act)
Provides for the right to organize and for collective bargaining; requires employers to bargain; unions must represent all members equally; covers non managerial employees in private industry (not already covered by the Railway Labor Act).
[1935] Social Security Act
Provides income and health care to retired employees and income to survivors of employees who have died; covers virtually all employers.
[1936] Walsh-Healey Act (Public Contracts Act)
Guarantees prevailing wages to employees of government contractors with contracts of $10,000 or more.
[1938] Fair Labor Standards Act (FLSA)
Establishes a minimum wage; sets standards for FLSA exemptions; addresses basic overtime pay provisions; controls working hours for children; establishes record-keeping provisions.
[1946] Lanham Act (Trademark Act)
Created federal protection for trademarks and service marks.
[1947] Labor-Management Relations Act (LMRA; Taft-Hartley Act)
Prohibits unfair labor practices of unions; outlaws closed shop; prohibits strikes in national emergencies; requires both parties to bargain in good faith; covers nonmanagerial employees in private industry (not covered by the Railway Labor Act).
[1947] Portal-to-Portal Act
Amends the FLSA; defines “hours worked” and describes general rules for time worked.
[1952] U.S. Patent Act
Established the U.S. Patent and Trademark Office.
[1959] Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act)
Outlines procedures for redressing internal union problems; protects the rights of union members from corrupt or discriminatory labor unions; covers all labor organizations.
Equal Pay Act (amendment to FLSA)
Prohibits unequal pay for males and females with equal skill, effort, and responsibility under similar working conditions; no employers are exempt.
[1963] Civil Rights Act (amended by Equal Employment Opportunity Act, 1972) (1964)
Prohibits discrimination or segregation on the basis of race, color, religion, gender, or national origin; establishes the Equal Employment Opportunity Commission; covers employers with 15 or more employees, employment agencies, and labor unions.
[1965] Executive Order 11246, amended by 11375 (1967), 11478 (1969), and 12138 (1979)
Requires federal contractors and subcontractors with contracts in excess of $10,000 during any 12-month period to comply with Title VII of the Civil Rights Act of 1964 and take steps to support women’s business enterprises and eliminate employment barriers to women and minorities.
[1965] Service Contract Act
Extends prevailing wage rates and benefit requirements to employers providing services under federal government contracts in excess of $2,500.
[1967] Age Discrimination in Employment Act, amended 1978, 1986
Prohibits discrimination against persons age 40 and over; identifies compulsory retirement for some workers; covers employers with more than 20 employees.
[1968] Consumer Credit Protection Act
Limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.
[1970] Fair Credit Reporting Act
Requires employers to notify an individual in writing if a report may be used; employer must also get the person’s written authorization before asking a credit bureau for a report; protects the privacy of background information and ensures that the information is accurate.
[1970] Occupational Safety and Health Act (OSHA)
Established the first national policy for safety and health; delivers standards that employers must meet to guarantee the health and safety of their employees.
[1972] Equal Employment Opportunity Act (EEOA)
Amends Title VII of the Civil Rights Act of 1964; increases the enforcement powers of the Equal Employment Opportunity Commission; adds employees of state and local government and educational institutions.
[1973] Rehabilitation Act, amended 1980
Prohibits discrimination against persons with physical and/or mental disabilities and provides for affirmative action; covers government contractors and federal agencies.
[1974] Employee Retirement Income Security Act (ERISA)
Establishes uniform minimum standards to ensure that employee benefit plans are established and maintained in a fair and financially sound manner; protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement; covers most interstate employers.
[1974] Privacy Act
Requires that a government entity obtain a government employee’s signed release before giving information about that individual to someone else.
[1974] Vietnam Era Veterans Readjustment Assistance Act
Prohibits discrimination against certain veterans; covers government contractors with contracts in excess of $25,000.
[1976] Copyright Act
Defines right or privilege of author or proprietor to exclude others from printing or otherwise duplicating, distributing, or vending copies of his or her literary, artistic, and other creative expressions.
[1976] Hart-Scott-Rodino Antitrust Improvements Act
Provided the federal government with the opportunity to review the potential effects on competition of certain mergers, acquisitions, or other consolidations before such transactions are completed.
[1977] Mine Safety and Health Act
Establishes mandatory mine safety and health standards for underground and surface mines; covers coal, metal, and nonmetal mines.
[1978] Pregnancy Discrimination Act
Defines pregnancy as a short-term disability and states that employees must receive the same benefits as for any other short term disability; falls within Title VII prohibition of sexual discrimination; employers with 15 or more employees are covered.
[1978] Revenue Act
Adds two important sections to the Tax Code relevant to employee benefits: Sections 125 and 401(k).
[1978] Uniform Guidelines on Employee Selection Procedures
Outlines equal employment opportunity principles to more clearly define adverse impact and test validation; assists employers in complying with federal regulations prohibiting discrimination.
[1980] Guidelines on Sexual Harassment
Coverage same as the Civil Rights Act of 1964, as amended; defines standards for what constitutes harassment.
[1984] Retirement Equity Act
Provides certain legal protections for spousal beneficiaries of qualified retirement programs.
[1985] Consolidated Omnibus Budget Reconciliation Act (COBRA)
Amends IRS code and ERISA to require that most employers provide continued group health insurance coverage to terminated or separated employees and family members at group rates (plus administrative costs), paid by employees.
[1986] Tax Reform Act
Makes extensive changes in the tax laws, including reduction in tax brackets and all tax rates for individuals.
[1986] Immigration Reform and Control Act (IRCA)
Prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee’s identity and right to work; requires an I-9 to be completed by the employer and new hire.
[1988] Drug-Free Workplace Act
Requires federal contractors with contracts of $100,000 or more to follow requirements to certify that they are maintaining a drugfree workplace.
[1988] Employee Polygraph Protection Act
Covers all private employers; makes it unlawful for employers to use lie detectors in employment decisions except for a few narrowly defined exceptions.
[1988] Worker Adjustment and Retraining Notification Act (WARN)
Requires some employers to give at least 60 days’ notice of plant or office closings or mass layoffs; covers employers with 100 or more employees.
[1990] Americans with Disabilities Act (ADA)
Prohibits discrimination against individuals with disabilities; covers virtually all employers with 15 or more employees.
[1990] Older Worker’s Benefit Protection Act
Prohibits discrimination with regard to benefits on the basis of age; covers employers with 20 or more employees; provides terminated employees with time to consider group termination or retirement programs and consult an attorney.
[1991] Civil Rights Act
Expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages.
[1992] Unemployment Compensation Amendments (UCA)
Imposes mandatory 20% federal income tax withholding on qualified retirement plan proceeds that a recipient does not roll over into another qualified plan.
[1993] Family and Medical Leave Act (FMLA)
Allows employees to take 12 weeks per year of unpaid leave for birth or adoption of a child or serious health condition of themselves or an immediate family member.
[1993] Omnibus Budget Reconciliation Act (OBRA)
Reduces compensation limits in qualified retirement programs; triggered increased activity in nonqualified retirement programs as well as some plan terminations.
Strategies To Avoid Layoffs
-Early Retirement Incentives: Provide added benefits, but must not violate the Older Workers Benefit Protection Act. Major disadvantage is that it often attracts the best workers, especially those who have the option of a second career.
-Part-Time Work And Job Sharing: Can accomodate families and reduce total compensation costs.
-Leaves Of Absence: May assist the organization in avoiding laying off employees.
-Attrition And Hiring Freezes: Not taking on new employees when employees are lost naturally.
-Voluntary Resignation Program: A type of bonus may be offered to entice those employees not yet able to utilize full retirement.
Development Of Selection Criteria
Aspects called "tests" in the Uniform Guidelines For Employee Selection Procedures. Begins with a job analysis. Criteria that are correlated with job performance elements are developed, often defined as characteristics. Predictors like education, experience, etc. are worked out to see if the person may posses these criteria, each step in the process must be a valid predictor of the next step. ie if a high education has no bearing on a simple job it is hard to defend how it predicts a skill that will be useful in the position.
Person-Job Fit
Person-Organization Fit
Selection is selecting applicants with the right qualifications to fill job openings while placement means ensuring the right candidate is in the right job.
-Person-Job Fit: Ensuring the KSA's of the individual match the requirements and essential functions of a job.
-Person-Organization Fit: Ensuring the personality and value of the individual match that of the organization.
Person-Organization Fit is especially important when there may be cross training or the job is organic
Types Of Contingent Workers
-Part-Time Workers: Savings in benefits and overall wages.
-Temporary Workers: Can be obtained from employment agencies or internally.
-Consultants: Often consulted with to provide expertise not currently available to the organization and not needed on a permanent basis.
-Contract Workers: Often hired on a project basis.
-Outsourcing: Process of contracting for services rather than producing them internally
-Offshoring: Refers to hiring workers in foreign to perform tasks previuosly done in the states. Often can bring substantial savings
-Leasing: Typically utilizes a professional employer organization
Professional Employer Organization (PEO)
Organization that assumes the employers rights and responsibilities for employees. Work well with small companies although total labor costs may increase up to 5%. Employees work for PEO and are leased to a company who has a contract with the PEO
Dual Employment
Contingent workerws can pose a potential legal problem if the organization excercises too much authority, engages in training, etc the employee is likely to be considered by the courts as an employee of both the organization and the temp agency, known as "dual employment" this state may obligate the employer to benefits, seniority, etc.
Metrics To Evaluate Recruitment Effectiveness
-Quantity Of Applications: gross measure of the effect of recruitment activities. -Quality Of Applications: evaluates % of applications qualified for job. -Time To Fill: Time it takes to fill a position -Yield Rates: Yield rates from one stage of the process to another -Costs Per Hire: divide all recruitment costs by # of hires -Selection Rates: evaluate new hires against total number of applicants -Acceptance Rates: # of applicants that accept the position divided by # of applicants offered it.
Internal Recruiting Methods
-HRIS database: can include anything from employee discipline records to career goals -Job Posting -Job Bidding: similar to posting but done mostly in union environments, permits employee to apply for jobs even if they have no current openings -Former Employees: employees that recently left workforce, employees that have left to go work somewhere else, retirees that might be willing to come back -Former Applicants: Good applicants can be reconsidered -Employee Referrals: Particularly useful in tight job markets, difficult to fill positions, and high- turnover positions
External Recruiting Methods
-Media Advertising: radio, television, newspapers, etc. -College and School: Usually require good and ongoing relationships -Labor Unions -Employment Agencies: States always have unemployment agencies -Customers: Might be familiar with the culture, responsiblities, etc -Suppliers And Competitors: Familary with industry -Professional Associations: Particularly for specialized jobs -Walk Ins: Shows at least some level of drive -Job Fairs: Can provide a lot of applications but some may be just people "shopping" for jobs that don't show up -Internet: job boards, professional/trade association, and employers website -Outplacement Firms: Can provide reliable employees
Realistic Job Preview (RJP)
Provides applicant with acurate picture of job. Can begin ahead of hiring process as applicant becomes aware of the oraganization and it's culture through pr, prescence, etc. Reaffirmed by recruiter, continues on through interview process, hire, and orientation. Numerous studies have shown it supported retention
Advantages And Disadvantages Of External Recruiting
Advantages: -New ideas into the workplace -might facilitate diversity -expertise not internally available -The learning process may facilitate innovation -Clean Slate Employees -Might reduce training costs
Disadvantages: -Might not be a good fit -Might lower morale of internal employees denied promotions or transfers -Must be oriented to the organization
Advantages And Disadvantages Of Internal Recruiting
Advantages: -Promotes high morale -Employees know organization -Employee skill levels are known -Promotes employee commitment -Provides an internal career path -Reduces recruiting costs -Reduces Training Costs
Disadvantages: -Can negatively affect morale of those not promoted -Does not encourage innovation -Promotes individual competition which can hurt cooperation
Competency Approach To Job Analysis
Some organizations are transfering to basing job analysis on competancies instead of tasks, duties, and responsibilities. Competencies are capabilities that are linked to successful performance outcomes. Can be categorized as technical, general, and leadership. Can be tricky with discrimination laws since it lacks any research
Job Descriptions
Written documents that describe the functions and working conditions of a job. Not required by federal law -except employees that deal with chemicals, But very beneficial. Contain: Identification section- general info re. job. Position Summary- What the job does. Essential Functions- essential job duties. Nonessential Functions- Minor job duties Job Specifications- The human characteristics necessary to perform the job, ksa's. Working Conditions- The environment in which the work is performed. Disclaimers- Must be done carefully
Data Collection Methods
-Observation: watches the individual performing the job, several types are time and motion studies, work sampling, critical incidents, employee logs. -Interviews: Interview the employees about their positions. -Questionnaires and Checklists: Can be given to a large number of employees, several types including position analysis questionnaire (PAQ), function job analysis (FJA), management position description questionnaire, O*Net online. -Computer Based Systemes. -Multiple Methods.
Job Analysis
1. Determine The Purpose For Conducting Job Analysis. 2. Identify The Jobs To Be Analyzed. 3. Review Relevant Background Data. 4. Plan And Execute The Job Analysis Project. 5. Write The Job Description And Job Specifications. 6. Periodic Review.
Forecasting Workforce Needs
-Trend Analysis: Involves studying historical organizational employment levels to predict future employment levels. -Ratio Analysis: Assumes a set relasionshiop between one variable and another and that the relasionship allows for prediction of future workforce needs. -Turnover: Averaging past turnover. -Nominal Group Technique: group forecasting and decision making method. -Delphi Technique: group forecasting method where group does not meet. -Managerial Judgement: managers asked based on experience and knowledge. -Statistical Forecasts: learn statistics. -Coputer Modeling: it knows statistics. -Mutiple methods is always best
Effective Harassment Prevention Program
*A tangible employment action negates an affirmative defense. And affirmative defense must be based on two factors 1. organization excercized reasonable care and promptly corrects. 2. Complainant failed to utilize harassment system in place. -Establish a policy. -Executive level support. -Training of managers on the policy. -Communication throughout the organization. -Providing a way for employees to bring forward issues. -Protection from retaliation. -Quick and thorough investigation.
Expanded Concept Of Harassment
In 1999 EEOC released a compliance manual defining actions from sexual harassment to harassment based on national origin or other offensive conduct based on birthplace, ethnicity, culture, or foreign accent. Essentially says the following factors should be considered: Whether conduct was physically threatening or intimidating, how frequently the conduct was repeated, whether the conduct was hostile or patently offensive, the context, and whether management responded appropriately when it learned of the problem.
Types Of Sexual Harassment And Employer Liability
Sexual harassment is a violation of title VII. EEOC first issued guidelines on sex discrimination in 1980, defining harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that takes place under any of the following conditions: submission is made either explicitly, implicity, or condition of employment. Submission to or rejection of such conduct by an individual is used as the basis for employment decision affecting the individual. Conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile, or offensive work environment. For employer to be liable it must be proved: there was unwelcome contact or communication, harassment was based on sex, harassment affected a term, condition, or privilage of employment, employer is legally responsible. As opposed to quid pro quo employer is liable only if they knew conditions existed, unlike quid pro quo harasser does not have to be a supervisor.
EEOC Complain Process
On receipt of notification that a complain has been filed the following steps should be taken: -Review the compliant. -Take no retaliatory action. -Conduct an internal investigation. -Cooperation is key, but some concessions can be made with negotiation. -If the agency issues a cause letter, organization must determine whether to settle or fight in court, public and corporate image may offset court costs.
Reverse Discrimination
Quotas But Not Goals
Glass Ceilings/Walls
Issues are interelated. Quotas create reverse discrimination. Current court decisions treat affirmative action conservatively, limited to situations where an obvious imbalance exists or there are episodes of past discrimination. Protected class status can not be the "only" reason for the selection of an individual. AA plans are considered to be "temporary" in nature. Glass ceilings are when women and minorities are not promoted, while glass walls are when women and minorities are promoted but not in revenue producing roles that will put them in leadership positions. AA plans must address not only how to get protected individuals into the organization, but also how to move them throughout the organization.
Afirmative Action Plans
*Volunatry AA Plans can be a problem, and result in reverse discrimination particularly when there is no record of past discrimination. *Required by EO 11246, Rehablitation Act of 1973, and *Vietnam Era Veterans Readjustment Act of 1974. *Must be completed annually and submitted to Office of Federal Contract Compliance Programs by federal contractors and subcontractors w/ over 50 employees and 50k in contract, depositories of federal funds, issuing or paying agents for US bonds and notes.
Organizational AA Profile
Displays Information on the composition of the organization by gender and ethnicity. Provides an overall view of the organization (ie graphical presentation by organizational unit), a "unit" is defined as having one or more managers that have the authority to make decisions like hiring and firing. # Of employees supervised by each manager are listed along with employees gender and ethnicty. Prior to 2000 a workforce analysis was needed in place of an organizational profile which had job title, rate of pay, gender, etc.
Affirmative Action Availability Analysis
Two-Factor examination where minority and women candidates potentially available for job groups is determined. The first "factor" that must be determined is internal employees that could be promoted or transferred with training. The second "factor" is the availability of workers with appropriate skills from the relevant recruitment area. The final result shows the candidate pool potentially available to fill jobs in each job group by gender and ethnicity.
Utilization Analysis
Compares the availability analysis of each job group with the job group analysis. Determines whether underutilization exists. Underutilization is present if the 4/5ths rule is violated.
Bakke Decision
Regents Of the University Of California V. Bakke. -The Supreme Court ruled that a medical school could legitimately consider race in it's admission procedures but that race could not be the only factored considered. Most well known precedent case regarding reverse discrimination. Ruled that the school could not establish quotas that eliminated vialble candidates with no history of past discrimination.
Precedent Cases For Adverse Impact And Disparate Impact
-Griggs V. Duke Power created the judicial concept of adverse impact and established two major points: 1. Discrimination does not have to be overt or intentional. 2. Employer must prove that a practice is job-related as a business necessity if that practice creates adverse impact.
-McDonnell-Douglas Corp. V. Green established the concept of disparate treatment and created what is known as the "McDonnell Douglas Test". Disparate treatment, by definition, is intentional discrimination. The court set the following conditions: Person belongs to a protected class, Individual applied for a job and was qualified, individual was rejected for a job, after rejecting individual employer continued seeking applicants with the same qualifications.
Civil Rights Act of 1991
-Amendment to the civil rights act of 1964, past largely to offset some decisions by the Regan court in the 80s. -Returned burden of proof to original standard, instead of having to prove impact an employee simply has to prove protected status, then employer must prove it was not discrimination. -Allowed for jury trials and compensatory and punitive damages. -Prevents the use of a "mixed motive" defense, ie that the employee would have been fired even without discrimination. -Prohibits the use of race-norming, ie adding or subtracting from scores in order to level the playing field. -Extended protection of the civil rights act of 1964 to certain state and government employees
Worker Adjustment and Retraining Notification Act
1988 (WARN)-Requires advance notice in the case of large layoffs. -Applies to employers with 100+ employees. -Employer must provide 60 days advance notice to: employees, their designated rep, unemployment office, and chief governmental official where the organization pays their taxes. -Applies if: 50 or more employees lose their jobs, counts as a mass layoff if the employees equal 33% of the workforce or 500 or more employees total. There are certain exceptions (natural disasters, etc.) but not allowing correct time can cost the organization substantially.
Immigration Reform And Control Act (1986)
Passed to prohibit employers from hiring people not permitted to work in the US, and to reduce illegal immigration. Prohibits the hiring, recruiting, and referral of undocumented workers and unauthorized aliens for a fee. Requires employers: Not knowingly hire illegal workers, verify employees identity and work status, maintain records regarding the employee's identity. -Verification must be done with I-9 form within 72 hours of hiring and kept a minimum of three years or one year after the employee leaves company whichever is later. Employers with 4+ employees must not discriminate based on: national origin, citizenship status, refusing to honor valid documents, giving preference to a citizen despite equal qualifications. -Fines can range from $100 to $1000 per violation, with added fines for fraudulent documents or knowingly accepted fraudulent documents. Repeated hiring of illegal employees can result in fines up to $10,000.
Pregnancy Discrimination Act (1978)
-Admendment to Civil Rights Act of 1964. -Prohibits discrimination based on pregnancy, childbirth, or related medical conditions. -The act does no require any special accomodations or benefits for pregnant employees that are not provided to other employees.
Correlation Coefficient
-A measure of strength of association between two variables, also measures the direction of a relasionship. -Range from -1 to +1 if there is a negative or positive relasionship.
Standard Deviation
Approximatley two-thirds of all scores fall within one standard deviation above and one standard deviation below the mean (68.26%), About 95% of all scores fall within two standard deviations (95.44%) and 99.9% fall within 3. -If the absolute value of the standard deviation is high, the curve becomes flatter and the scores more spread out. If the absolute value of the standard deviation is low, the curve becomes very stepp and concentrated around the center.

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