Leadership and Ethics Exam 2

What is centralization?

Centralization is measured on a sliding scale from highly centralized to decentralized. Usually portrayed as centralized when a limited amount of authority has been delegated.

What is the difference between a centralized and decentralized organization?

Centralized = delegate little authority to lower levels, allows for tightened control of operations, standard policies, increased use of specialized experts; Decentralized = delegate broad ranges of authority to lower levels of employees, faster decisions, cheaper, more power to lower employees, tailor to meet local conditions

What is committee organizational structure?

Committee is a group of people appointed to consider or make decisions. Can be standing (permanent) or ad hoc (temporary). Ad hoc are formed to deal with a specific issue, once the task is completed the committee is dissolved

What is the cost of insurance benefits?

Employer costs for life, health, and disability insurance benefits averaged $2.54 per hour worked or 8.7 percent of total compensation.

*Benefits*: What are benefits of having employee benefits?

Employees are more loyal, increased appeal of business, low turnover rate, increased morale, healthier employees --> leads to better job performance

What is the cost for paid leave benefits?

Employer costs for paid leave benefits (vacations, holidays, sick leave, and other leave) averaged $2.36 per hour worked or 7.0 percent of total compensation.

What is the cost for retirement and savings benefits?

Employer costs for retirement and savings benefits averaged $1.29 per hour worked or 3.8 percent of total compensation.

What is a tall structure form of organizational structure? Advantages and disadvantages?

Narrow span and more hierarchical levels. Advantages: Tall structures provide a clear, distinct layer with obvious lines of responsibility and control and a clear promotion structure. (better relationship with supervisor because of close supervision, easier to discipline, easier to work together if on same level) Disadvantages: Too tall and communication begins to take too long to travel through all the levels. (costly, delays and distortion in communication, difficult to coordinate at different levels, managers dominate, subordinates cannot act on their own)

What is an organization?

Organizations consist of 2 or more individuals working together to achieve a group result.

What are health maintenance organizations (HMO)?

A health care plan that provides comprehensive medical services for employees and their families at a flat annual fee HMO members pay a monthly premium and usually a small co-payment Advantages: covered employees receive medical care without co-insurance, deductibles or claim forms Disadvantages: restricted access to medical care within and outside of a limited geographical region, HMO cost savings procedures may deny appropriate medical coverage to save money on medical costs Must choose a Primary Care Physician who must refer to other providers.

What are preferred provider organization (PPO)?

A plan in which an employer or insurance company establishes a network of doctors and hospital to provide a broad set of medical services for a flat fee per participant Healthcare providers agree to charge a lesser fee in exchange for receiving a larger number of patients They combine the advantages of traditional health insurance with the advantages of health maintenance organizations. Managed health care and a wide array of medical services for a fixed fee Provisions that allow members to go outside the network and use non-p.p.o. providers. The fees for utilizing non-p. p. o. providers is increased in the form of deductibles and co-payments.

When is the insurance company or employer not liable?

Are intentional or self-inflicted Result from the employee's horseplay or voluntary intoxication (either alcohol or drug-induced) Arise from voluntary participation in off-duty recreational, social, or sports events Result from "acts of God," unless a person's job exposes him or her to a greater than ordinary risk of injury from such acts Are inflicted by someone else for personal reasons unrelated to employment.

What is traditional health insurance?

Covers hospital and surgical expenses, physicians' care and substantial portion of expenses for serious illnesses Most well know Blue Cross and Blue Shield Important features: • Deductible • Require a monthly group rate called a premium paid partially by the employer and partially by the employee. • They provide for co-insurance, typical being 80/20. • The deductible, premium and co-insurance can be adjusted to vary the employer/employee cost. Advantages: give greatest amount of choice in selecting a physician and a hospital. Disadvantages: often do not cover preventive or regular checkups, and requires a significant amount of paperwork

What are the main classifications of sexual harassment?

verbal - sexual language, jokes, rumors, requests for dates, etc. physical - shoulder massages, hugging, brushing against another person's body, facial gestures, leering, et. visual - vulgar email, posters, cartoons, videos, web-sites, and letters.

What is the average employee compensation?

$35.87 per hour. Wages and salaries, averaging $24.49 per hour accounted for 68.3 percent of these costs. Benefits, averaging $11.38 per hour account for the remaining 31.7 percent.

What must an employee do to be eligible for FMLA benefits?

(1) work for a covered employer; (2) have worked for the employer for at least a total of *12 months*; (3) have worked at least 1,250 hours over the prior 12 months; (4) work at a location where *at least 50 employees are employed by the employer within 75 miles.*

What are some examples of violations of the Pregnancy Discrimination Act?

*EEOC vs Step Three* According to the Commission's suit, a company official responded with offensive comments regarding her disability. The EEOC alleged that later that year, when the employee revealed that she was pregnant and had related travel restrictions, the defendant fired her. *EEOC vs HCS Medical Staffing* - The Commission sued HCS Medical Staffing under Title VII to seek relief for Roxy Leger. With no prior warning or discipline, HCS terminated Leger's employment and health insurance while she was still in the hospital recovering from a Caesarean section. After HCS failed to respond to a court order to retain an attorney, the court entered a default judgment against the company.

What two cases were examples of using tests for hiring?

*GRIGGS v. DUKE POWER CO.*: Griggs and other applicants and employees brought this action, pursuant to Title VII of the Civil Rights Act of 1964, challenging respondent's requirement of a high school diploma or passing of intelligence tests as a condition of employment in or transfer to jobs at the plant. Did not find test to be fair because not directly related to job *Washington Vs Davis* - Involved the hiring of police officers. Washington D. C. police department required all applicants for police officer positions pass a reading comprehension and aptitude test. The tests contained actual material police officers learned during a training program. The court ruled that the city *did not* discriminate unfairly because the test was definitely job related even though a larger percentage of women and blacks than white men failed the test.

What are the two different types of sexual harassment?

*Hostile Work Environment* Unwelcome, sexual conduct that is so severe and frequent that it alters the conditions of the victim's employment and creates an abusive working environment. A man or woman, of a different or the same gender as the victim may conduct this type of harassment. *Quid Pro Quo* Harassment that is conducted by a supervisor or someone with authority and is limited to harassment based on sex. The term literally means "This for That" and signifies a supervisor demanding a sexual favor and then basing an employment decision on the employee's reaction to the demand. The employment decision usually must result in a significant change in employment status.

How the does the status of the the person effect a defamatory statement?

- *Non-public figures*: The statement made was a fair comment, or honest opinion (the publication was for a non-vindictive purpose). Where the defamatory statement is regarding a non-public person, there is less concern for freedom of speech and press. Further, private individuals are more vulnerable to injury from defamation because they do not have an opportunity for public access for rebuttal. - *Public figures*: Applies a constitutional privilege. A defamatory statement made by the news media is privileged unless the statement is published with actual malice. *Actual malice* is knowledge of the falsity or reckless disregard for the truth. If the public figure plaintiff can show knowledge of falsity or reckless disregard for the truth, he or she can recover general common-law damages and punitive damages without affirmative showing of injury. Sometimes, a difficult matter is to establish whether or not a targeted individual who is the subject of being defamed is a public figure or not.

What are exceptions to employment at will?

1. *Contractual Relationship* • A contractual relationship exists when employers/employees have a legal agreement regarding how employees' issues are handled 2. *Public Policy Violation* • Can not be terminated for failing to obey an order from an employer that can be described as an illegal activity. • Cannot retaliate against an employee for exercising their rights. (voting or serving jury duty) 3. *Implied Employment Contract:* • A verbal or written statement by members of the organization that suggests organizational guarantees or promises about continued employment. • Could be construed from employment interviews or employee handbook. • Tousaint v. Blue Cross and Blue Shield of Michigan • Told in interview that he would be with the company until he was 65 as long as he did his job. • Court rules termination was improper because of the implied permanence of his job. 4. *Breach of Good Faith* • A breach of a promise • Example: NCR terminated a long term employee after the employee completed a major deal that would require the company to pay him large commissions. • Court ruled that the termination and failure to pay commissions was a breach of good faith.

What should a manager do with sexual harassment?

1. Act Immediately 2. Stop harassment by separating employees 3. Maintain Confidentiality 4. Participate or facilitate investigation *if asked*. 5. Do not perform any investigations or searches alone. 6. Implement corrective action decided upon. 7. Watch for any form of retaliation against the victim or the harasser.

How do you prevent sexual harassment?

1. Do not participate in inappropriate behavior in the workplace. If you do, others may read your actions as an invitation for sexual behavior. Regulate your own behavior. 2. Do not be a victim: Tell others -clearly- when their behavior is unwelcome, and report offensive sexual behavior. 3. Organizations should issue clear policies defining sexual harassment, the consequences for such actions and the mechanisms for dealing with such actions.

What should you do upon entering a conflict situation?

1. Evaluate the conflict players - who are they and what are their interests - what are the other peoples view point 2. Assess the source of the conflict - find cause - usually communication, structural, or personal differences

What are the two types of hazards in the work environment?

1. Safety Hazards: aspects of the work environment which have the potential of *immediate* and sometimes violent harm to the employee. 2. Health Hazards: aspects of the work environment which *slowly and cumulatively* lead to deterioration of an employee's health. Ex. include: cancer, poisoning and respiratory diseases, depression, loss of temper and other psychological disorders.

What factors should be considered when disciplining an employee?

1. Seriousness 2. Duration 3. Frequency and Nature 4. Extenuating Factors 5. Degree of Socialization • Have there been earlier attempts to educate the person causing the problem about the existing rules and procedures and the consequences of violation? 6. History of the Organization's Discipline Practices • Have similar issues happened prior? • Have these issues been dealt with consistently? 7. Management Backing

What is the purpose of the orientation?

A comprehensive on-boarding that may last several months; is an opportunity to learn about: • The organization (history, future direction, etc.) • The role of the employee's department • The role of his/her position • How other departments fit within the organization • *This process helps the employee embrace the organization's mission, vision, and values*

What is a restricted policy infraction? Give an example.

A restricted policy infraction occurs whenever an enterprises HRM activities result in the exclusion of a class of individuals. EX: • A company may downsize laying off a large number of employees over 40. • Simultaneously the company is recruiting for selected positions on college campuses only. • Those over age 39 were not even given the opportunity to apply for the positions. • A protected class of individuals has been excluded from consideration.

What are the five conflict management styles?

Avoidance, smoothing, forcing, compromise, collaborative

What is the Equal Employment Opportunity Act of 1972?

Designed to provide a series of important amendments to the Civil Rights Act of 1964, Title VII. It established the Equal Employment Opportunity Commission, the enforcement mechanism to police the provisions of the act. 1. Given power to file suit against organizations if it was unable to secure an acceptable resolution of discrimination charges *within 30 days.* Does not have the power to issue directly enforceable orders. 2. Expanded Title VII to include employees of state and local governments, employees of educational institutions and employers of labor organizations.

What is the first step?

Determine if the conflict is content or relational in nature.

What is the contingency approach?

Dictates that the development of an effective organizational structure is contingent upon the situation the organization is operating within including a focus upon: environment, technology, change, size of org, other forces

How do you document discipline?

Documents dealing with progressive discipline should include: • The employee's identifying information • The manager's identifying information • Behavioral or performance problem for which the action is being taken • Description of events and discussions preceding this action • Description of the specific events leading to this action

What is departmentalization and what are the different types of departments?

Efficient and effective grouping of related functions in manageable units to achieve objectives. Can be divided by function (operation, marketing, finance); product (parental, prescriptions, durable medical equipment); market (healthcare, government, education); customer (nursing home, retail, hospital); geographic (southwest, eastern, western); matrix (project managers and general managers)

Who is in charge of overseeing a number of US regulations including how employers treat, hire, and terminate employees?

Equal Employment Opportunity Commission

What are the new trends in organizational structure?

Flattening, decentralizing, eliminating functional departments. Want to increase efficiency, increase agility, greater customer intimacy, reduce cost, increase innovation.

What are the new trends in leadership?

Flatter organizational structure, combined with the onslaught of technological advancements and globalization of the markets requires new types of leaders. More empowered and motivated. Want integrity, managing complexity, inspiring engagement, acting strategically.

What is line organization structure? Advantages and disadvantages?

Has only direct vertical relationships between different levels in the firm. Advantages - simplify and clarify authority, fast decisions, simple; Disadvantages - no specialists in planning, overloads key persons

What is staff or functional authority organizational structure?

Have two positions - line (in direct chain of command that is in charge of meeting goals) and staff (a position intended to provide expertise, advice and support for the line positions.). Each position has authority - line managers have direct authority to get goals; staff managers have authority to give advice to line aka functional authority. An organization where staff departments have authority over line personnel in narrow areas of specialization is known as functional authority organization.

What does "going bare" Mean?

In Texas, those businesses that elect to "go bare" face unlimited liability and forfeit common-law defense if sued because of a work-related injury and it can be shown that the business was negligent in any way. This means that if the employer is found negligent in any way, they bear full financial responsibility for the loss, even if the employee's own negligence played a greater role in causing the injury. The employer can't present evidence that the injured employee knew the risk of injury and voluntarily assumed it. In addition the employee may be awarded a monetary judgment for non-economic loses, such as pain and suffering and/or punitive damages.

What is target hardening?

Involves architectural designs or re-designs that reduce the opportunity and ease of committing violent behavior. Examples include: Appropriate Counter Design and appropriate counseling room design

What are barriers to effective performance?

Lack of time and information, failure to link individual to organizational aspiration, fear of negative consequences

What is the largest and the second largest cost in a pharmacy?

Largest cost = drugs. Second largest =The cost of personnel and associated benefits (if not done properly --> will hurt profits - costs money to train plus wages)

What are the components of a training program?

Mandatory training, hard skills training, soft skills training

What is a flat structure form of organizational structure? Advantages and disadvantages?

One manager over a group of employees. Lines of communication are short, making the firm more responsive to change. Advantages: Focuses on empowering employees. Less costly, fewer levels, quick decisions, fast and clear communication, subordinates are free, managers not dominating) Disadvantages: A wide span of control means that tasks must be delegated and managers can feel overstretched. (can lose control, poor discipline, bad relationship with supervisor, hard to coordinate, not good for complex activities)

What is the structure of an organization? What are the benefits of having a structured organization?

Organizational structure is the formal layout of a company's personnel. Structure clearly defines reporting relationships, lines of communication, decision-making authority, and the physical location of employees from various departments Brings together human, knowledge, and material resources required to achieve the organizations goals. (benefits - better communication, better relationships, easier to make decisions, easier to find people, overall results in better products)

What is the difference between performance issues and conduct issues?

Performance = low productivity, high error rate, repetition of specific error; Conduct issues = tardiness, negligence, fighting, substance abuse etc

*Strategy*: What is the strategy for future healthcare worker staffing?

Provision of the right number and type of employee requires current staffing assessments knowledge of projections for future workforce based on demand. (drive for healthcare workers need advance warning to get through school - if need is not met --> will have to pull healthcare workers from other sources like out of country)

What is the most common violation of the EEOC?

Race discrimination (then sex, then national origin)

What is stress?

Stress is a dynamic condition in which an individual is confronted with an opportunity, constraint, or demand for which the outcome is perceived as important and uncertain.

What are external stimuli?

Stress stimuli from external sources such as verbal or physical abuse from healthcare clients. This type of stress created by violence is more common when the following four key risk factors are present. • exchange of money with customers • substantial face-to-face contact between workers and clients • few workers on site • evening or night hours

Can tests be used for hiring? What must organizations show in order to use a test? Name a test that is used.

Tests used for hiring cannot be used unless job related. Organizations must show evidence of job relatedness. Not necessary to establish intent to discriminate. *Wonderlic Intelligence Test* - shows how thinking works

What is the Civil Rights Act of 1964?

The Civil Rights Act of 1964, Title VII, gives individuals protection and prohibits discrimination in hiring, compensation, and terms, conditions, or privileges of employment on the basis of race, color, religion, sex and national origin. • Prohibits retaliation against any individual who files a charge of discrimination, participates in an investigation, or opposes any unlawful practice. • State laws may supplement this list and include categories like marital status. • The EEOC has held that discrimination against an individual because that person is transgendered (also known as gender identity discrimination) is discrimination because of sex and therefore is covered under *Title VII* of the Civil Rights Act of 1964. • The Commission has also found that claims by lesbian, gay, and bisexual individuals alleging sex-stereotyping state a sex discrimination claim under Title VII.

What is the cost of legally required benefits?

The cost of legally required benefits (Social Security, Medicare, unemployment insurance, and workers' compensation) averaged $2.70 per hour worked or 8.0 percent of total compensation and represents the largest non-wage mandated employer cost

What is delegation and what could go wrong?

The process of accomplishing goals through others. Essential for complex, large, diverse projects. Shift to new employee requires responsibility, authority, and accountability. Risks - loss of control, reverse delegation (manage takes back responsibility), loss of job (manage delegates out too much - dont have job)

What different forms of complaints can be heard by employers?

They can be: 1. Written 2. Verbal 3. Anonymous 4. *Rumors* 5. Confidentially imparted information, even if it is relayed after hours or off-cite. 6. Acts witnessed by a manager 7. Charges files with a government agency. Still have responsibility to investigate

What is on boarding?

a process that attempts to get new hires up to speed quickly and effectively with training and support programs designed to orient them to their work, the organization, and coworkers

What is the compromise style?

a. The tendency to effect agreement by sacrificing some of one's own interests. b. Reflects the tendency of individuals to sacrifice some of their interests by making concessions to reach an agreement. c. The compromising style is appropriate: a. When the goals on both sides are equally important. b. When opponents have equal power and both sides want to split the difference. c. When people need to arrive at temporary or expedient solutions under time pressure. d. *The Compromise Style is in the middle neither assertive/unassertive or cooperative/uncooperative*

What is the smoothing style?

a. The tendency to minimize or suppress differences and to emphasize common interests. b. This style shows concern about the emotional aspects of the conflict, but it exhibits little interest in working on the roots of the conflict. c. The smoothing style may be effective on a short term basis for the following situation i. when the individuals are locked in a potentially explosive emotional conflict, and smoothing is used to defuse the situation ii. keeping harmony and avoiding disruption are especially important in the short run iii. when the conflicts are based primarily on the personalities of the individuals and can't be easily resolved. d. *The Smoothing Style is cooperative and unassertive.*

What is the collaborative style?

a. Tendencies to identify the causes of conflict, share information, and seek a mutually beneficial solution. b. With the collaborative style, conflicts are recognized openly and evaluated by all concerned. c. Sharing, examining and assessing the reasons for the conflict should lead to development of an alternative that effectively resolves the conflict and is acceptable to all parties. d. The collaborative style of conflict management is especially appropriate when: i. The parties involved have one or more common objectives and disagree mainly over the best means to achieve them ii. A consensus should lead to the best overall solution to the conflict. iii. There is a need to make high quality decisions on the basis of expert judgments and the best information available. e. *The Collaborative Style is both assertive and cooperative.*

What the the avoidance style?

a. The avoidance style is the tendency to withdraw from conflict situations or to remain neutral. b. The avoidance style is appropriate when an issue: i. is trivial ii. when there is no chance of winning iii. when a delay to gather more information is needed or when a disruption would be very costly. c. *The Avoidance Style is unassertive and uncooperative.*

What is the forcing style?

a. The tendency to use power to make others agree with one's position. b. The forcing style produces outcomes that are satisfactory to only one of the parties. c. Over reliance on forcing saps the other person's work motivation because his or her interests haven't been considered. d. Relevant information and other possible alternatives are usually ignored. e. The forcing style may be necessary in the following situations: i. Emergencies requiring quick action. ii. Unpopular courses of action must be taken in the name of long-term organizational effectiveness and survival. iii. The person needs to take action for self-protection and stop others from taking advantage of him or her. f. The Forcing Style is assertive and uncooperative

What is the scalar principle?

chain of command - clear definition of authority - from top to bottom - results in explanation of relationships, reduce confusion, and better decision making

What is total compensation? What are the three components?

defined as the complete package of quantifiable rewards an employee receives for his or her labors. • Includes three components: o Base compensation: the fixed pay an employee receives on a regular basis, either in the form of a salary or as an hourly wage. o Pay incentives: any compensation program designed to reward employees for good performance. ("bonuses") o Employee benefits: group membership rewards that provide security for employees and their family members, also called *indirect compensation* because they are given to employees in non-cash forms.

What are communication differences and how do you overcome them?

disagreement arising from semantic difficulties, misunderstanding, and noise in the communication channel. Overcoming Communication Barriers 1. Use Feedback: Ask if they understand, ask questions. 2. Simplify Language: Effective communication is achieved when a message is both received and understood. Tailor your language to the audience. 3. Listen Actively: Usually we are on the defensive. It is harder to listen than to talk.

What are the types of qualified retirement vehicles?

o *Defined benefit plans:* a retirement plan that promises to pay a fixed dollar amount of retirement income based on a formula that takes into account the average of the employee's last three to five years' earnings prior to retirement. Also called a pension with a long vesting period. o *Defined contribution plans:* a retirement plan in which the employer promises to contribute a specific amount of funds in to the plan for each participant. The retirement income that the participants receive depends on the success of the plan's investments and therefore cannot be known in advance

What should you do if you are an employee and sexual harassment occurs?

o *Tell the person harassing you that the sexual conduct is unwelcome.* o Report the conduct to your supervisor or office of equal employment o Cooperate with the investigation and need for confidentiality. o Report any retaliatory actions.

What are tax-deferred retirement investment plans?

o Any money that you contribute to these employer offered retirement plans or through 401(k)s, 403(b)s, SEP IRAs, or Keoghs if you're self-employed is deducted from your taxable income. o If you contribute $1,000 to your plan and your combined federal and state tax rate is 22 percent, you reduce your total taxes by $220.If you contribute another $1,000, you reduce your taxes by another $220.

What is increased visibility?

o Careful design of a building and its surroundings and fittings to increase visibility is a core component of a violence prevention strategy. o The belief is that the risk of a perpetrator *being identified* serves as a deterrent. o "Increasing visibility" tactics are unlikely to work with perpetrators who are not rational.

How does failure to link individual performance to Organizational aspirations create ineffective performance?

o Goal setting is best described as ensuring line of sight between employee achievement and employer's overall business goals • Provides the employee's work with greater meaning • Failure to ensure this line of sight may result in disengaged and unproductive employees

How does lack of time and information related to ineffective performance?

o Little focused time with employees to collect data on performance o Physically separated from employees, making communication difficult o Critical to set aside time and develop systems to provide employees with necessary coaching and to obtain adequate data to provide feedback

What is the location quotient?

o Location quotient compares the regional share of economic activity in a particular industry to the national share of economic activity in the same industry. o The result reveals the degree of regional specialization in each industry. o If the location quotient for a particular industry is between zero and one, the region is less specialized than the nation, while location quotients greater than one reveal greater specialization of the industry in the local economy than in the national economy. o Also, observing location quotients over time show if an industry is becoming *more or less specialized in the region.*

How does fear of negative consequences cause ineffective performance management?

o Many managers fear honest but critical feedback will dampen employee enthusiasm and/or lead them to act out, quit, or *engage in sabotage* • However, failure to disclose performance concerns denies employees the opportunity to be successful o A formal performance evaluation should never be a surprise - instead, it should document progress and conversations that have occurred throughout the review period, outline development opportunities, and describe future goals

What are the maximum earnings subject to social security tax?

o OASDI: $128,400 o Medicare: no limit

What is Texas Worker's Compensation Act?

o The Act ensures that injured workers are compensated fairly and appropriately for workplace injuries. The Act applies to work-related injuries and illnesses that occur on or after January 1, 1991. o Voluntary participation *Texas is the only state that still allows private employers to choose whether or not to maintain workers' compensation insurance.* Employers who choose not to maintain coverage must notify the Commission and their employees that they do not intend to maintain workers' compensation insurance. The Act also created more insurance options for employers, including self-insurance for large employers who meet established criteria and is certified by the Commission.

How are costs of compensation insurance determined?

o Worker's compensation insurance is based on the *employer's payroll.* o Premiums are modified by an organization's *safety record* to encourage employers to maintain a safe work environment. o In Texas employers may elect to go without coverage or what is known as "going bare." o Worker's compensation insurance effectively transfers liability from the employer to the employer's insurance carrier.

When can worker's compensation be used?

o Workers' compensation will pay for the medical treatment of an injury or illness if: The injury occurred at work or the disease or illness is *job-related*; and The worker's employer has workers' compensation insurance or is certified by the Texas Workers' Compensation Commission to self-insure.

What does the act include?

o Workplace health and safety: The Act consolidated and strengthened workplace health and safety programs. o Improved benefits and benefits delivery The Act established a new benefits system, raised basic benefit levels and set tight deadlines for employers and carriers to improve benefit delivery. Workers' compensation benefits are the exclusive remedy of an employee of a covered employer, except in the case of a fatality caused by an employer's gross negligence or an intentional act or omission by the employer. Lump sum settlements are restricted and settlements must be approved by the Commission or a court of competent jurisdiction. o Cost control: The Act requires the Commission to develop medical fee and treatment guidelines to control medical costs. o Attorney's fees: Attorneys fees are limited to time and actual expenses, up to a maximum of 25 percent of an injured worker's total recovery.

What are the three main sources of retirement income?

social security, retirement plans and personal savings.

What situation allows employees to take 26 weeks of leave?

to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).

What are the four basic categories of stress stimuli?

• 'External" violence which is perpetrated by persons outside the organization • 'Client-initiated' violence which is inflicted on workers by their clients • 'Internal' violence (or bullying) such as between supervisor and employee, or employees and interns. • A fourth type of stress that arises out of wider social and economic pressures. • Increased productivity demands may lead to work intensification, job insecurity, and contribute to a workplace culture where aggressive interpersonal communications and/or threatening behaviors are tolerated.

What are adverse consequences if equal employment opportunities are not used?

• *Adverse impact Discrimination* that occurs when the equal application of an employment standard has an unequal effect on one or more protected classes. Ex. Ht. in police officers, discriminated against women and found not to be necessary for job. • *Disparate treatment* occurs when individuals are treated differently because of their membership in a protected class. Ex. Failing to promote Mary (female) and at the same time promoting equal male peers.

What are three defenses of defamation?

• *Consent.* Proving that the plaintiff agreed to the release of the alleged defamatory statement. • *Truth* of the statement being made. • *Status* of the person who is the subject of the defamatory statement. (public versus non public)

How should feedback be given?

• *Constructive feedback* is crucial to career development, employee satisfaction, employee retention and employee motivation • Employee feedback should be given as frequently as possible - Formally through the annual performance review forms and ensuing discussions - Informally through ongoing conversations and coaching. Should be direct, face to face, in real time, be sincere, documented

Who is exempt from the PPA?

• *Federal, state and local governments are excluded.* In addition, lie detector tests administered by the Federal Government to employees of Federal contractors engaged in *national security intelligence or counterintelligence functions* are exempt. The Act also includes limited exemptions where polygraph tests (but no other lie detector tests) may be administered in the private sector, subject to certain restrictions: • To employees who are reasonably suspected of involvement in a workplace incident that results in *economic loss* to the employer and who had access to the property that is the subject of an investigation; and • To prospective employees of *armored car, security alarm, and security guard firms* who protect facilities, materials or operations affecting health or safety, national security, or currency and other like instruments; and • To prospective employees of pharmaceutical and other firms authorized to manufacture, distribute, or dispense controlled substances who will have *direct access to such controlled substances*, as well as current employee who had access to persons or property that are the subject of an ongoing investigation.

Why do supervisors fail to discipline?

• *Lack of training*: supervisors who have little background in using discipline and have no idea how to administer discipline effectively • *Lack of support*: fear that their decisions will not be backed by higher management • *Fear of acting alone*: supervisor may feel that they are the only one supporting the rule • *Guilt*: before becoming a manager, they filled the same shoes their employees do now and cannot discipline for something they used to do • *Loss of Friendship*: supervisors that become too friendly with employees often fear losing that friendship if they use discipline—VERY COMMON! • *Time loss*: appropriate discipline requires a lot of time. • *Loss of temper*: may be afraid that they will lose their temper if they talk to an employee about a problem • *Rationalization*: employees know when they have done something wrong and the supervisor does not really need to talk to the employee. • *Lack of appropriate policies*: Absence of appropriate organizational policies for discipline may dissuade managers from taking action otherwise deserved. • *Fear of Lawsuits*: particularly if they discharge the employee-VERY COMMON

What are the required benefits?

• *Social security:* o Retirement income: for qualifying individuals which on average equals 25% of the individual's income earned in the year prior to their retirement. • *Medicare:* provides health insurance for people 65 and older, four parts o Part A covers hospital costs. o Part B covers other medical expenses. o Part C covers Medicare Advantage plans- plans provided by contracting HMO and PPO to provide coverage • *Disability income*: o For individuals who become disabled and cannot work for *at least 12 months* o Disability income equals on the *average 30%* of the disabled individual's pre-disability income • *Survivor benefits* o Deceased employee's surviving family members may receive a monthly income if they qualify. Benefits are related to the deceased worker's primary retirement benefit. o Eligible survivors include: Widows and widowers *age 60 and over* Widows and widowers of any age who care for a child age 16 or younger, an unmarried child or grandchild younger than age 18, or a dependent parent age 62 or over.

What is the Privacy Act of 1974?

• *provides safeguards against invasion of personal privacy through the misuse of records by Federal Agencies.* • Passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. • The Privacy Act only applies to records that are located in a "system of records." As defined in the Privacy Act, a system of records is "a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual." • The Privacy Act guarantees three primary rights: • The right to see records about oneself, subject to Privacy Act exemptions; • The right to request the amendment of records that are not accurate, relevant, timely or complete; and • The right of individuals to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of personal information.

What is the disciplinary process?

• A step-by-step method of dealing with performance problems in employees. Procedure - usually has a minimum of 4 steps: • *Verbal warning • Written warning • Suspension • Termination*

What is discipline and why do we use it?

• A tool used by managers to improve poor performance and enforce appropriate behavior to ensure a productive and safe workplace. Purpose of employee discipline • Eliminate inappropriate behavior • Create a "win-win" situation for manager and subordinates • Not to exercise vengeance or eliminate a problematic employee

What are affirmative action plans? What is the difference between is an affirmative action plan versus a quota?

• Affirmative action plans are *voluntary, good faith efforts* by organizations to actively recruit and hire protected group members. • Quotas are *court imposed* rather than voluntary. Under a quota system, an enterprise must bring its work-force composition to some level established by the courts, rather than using good faith efforts to recruit. NOTE: Title VII stipulates that organizations must do more than "just" discontinue discriminatory practices. Enterprises are expected *to actively recruit and give preference to minority group members in employment decisions.* Are not hiring quotas.

What are some post termination issues?

• Not all employment relationships end negatively - Family issues, schedules, advance careers • When seeking to secure other employment, employees may request references from their managers • In many cases, managers receive calls or written requests from prospective employers who wish to hire current or former employees

What is the Polygraph Protection Act of 1988?

• An employer shall not: • Require, request, suggest or cause an employee or prospective employee *to take or submit* to any lie detector test. • Use, accept, refer to, or inquire about the results of any lie detector test of an employee or prospective employee. • Discharge, discipline, discriminate against, deny employment or promotion, or threaten to take any such action against an employee or prospective employee for refusal to take a test, on the basis of the results of a test, for filing a complaint, for testifying in any proceeding or for exercising any rights afforded by the Act.

What is a Reasonable Factors Other Than Age (RFOA)?

• An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).

What is the Fair Credit Reporting Act?

• Before getting the report, the employer must tell you that they might use the information to make a decision related to your employment, and must ask for your *written* permission. • If the employer thinks they might not hire, keep, or promote you because of something in the report, they must give you a copy of the report and a *"Summary of Rights"* that tells you how to contact the company that provided the report • You can dispute inaccurate information with the consumer reporting agency. • Inaccurate information must be corrected or deleted. • Outdated negative information may not be reported. • *Identity theft victims and active duty military personnel have additional rights.*

What is the Lily Ledbetter Fair Pay Act of 2009?

• Clarifies that the laws against pay discrimination apply to *every* paycheck or other compensation a worker receives. The bill's protection would reestablish a fair rule for filing claims of pay discrimination based on race, national origin, gender, religion, age or disability. • Overturn Ledbetter v. Goodyear Tire and Rubber, in which a divided Supreme Court held that workers must sue for pay discrimination *within 180 days* after the original pay- setting decision, even if the pay discrimination continues after the 180-day period.

What are geographical area comparisons? What are they used for?

• Comparisons that consider the percentage of minorities in the geographical area that might comprise the qualified applicant pool. • The numbers of protected and non-protected employees in the employer's workforce should be reflective of the numbers of each (show that you haven't hired minorities because the area does not have minorities or they are already employed)

What is conflict?

• Conflict refers to perceived incompatible differences that result in interference or opposition. • Competition can have a healthy impact because it energizes people toward higher performance. • Too much conflict can be destructive, tear relationships apart, and interfere with the exchange of ideas and information. • Too little conflict can cause the organization to become stagnant, static, apathetic, and non-responsive to needs for change and innovation • The trick is to be able to handle conflict in ways that maintains a creative/effective work environment and maintains healthy employee and customer relationships even when conflict arises.

What are personal differences?

• Conflicts can evolve out of individual idiosyncrasies and personal value systems. • Factors such as background, education, experience, and training mold each individual into a unique personality with a particular set of values. • Results in people who may be perceived by others as abrasive, untrustworthy, or strange • The diversity of personal differences can create conflict.

What are the benefits of setting goals?

• Create competency in your people - competency refers to the adequate skills your direct reports need in order to achieve desired performance. • Create growth in your employees - growth refers to the development of skills of your direct reports in order to exceed desired performance and be able to move to increasingly difficult assignments.

What are structural difference?

• Create problems of integration. • Individuals disagree over goals, decision alternatives, performance criteria, and resource allocations. • These conflicts are not due to poor communication or personal animosities. They are rooted in the structure of the organization itself. EX: you have to counsel but you also have to get scripts through

What is defamation?

• Defamation is a cause of action that former employees use to challenge a negative reference that results in individual not getting a sought-after position (Often accompanies wrongful termination claims) • To succeed in a defamation case, an *employee must prove* the former employer made an "unprivileged publication of false statements to third parties that tends to harm the plaintiff's reputation in the community" • A statement that tends to lower the *plaintiff's* reputation with at least a substantial minority of the community.

What is a bonefide occupation qualification?

• EEO charges may be answered by citing bona fide occupational qualifications (BFOQ). • Under Title VII, a BFOQ was permitted where such requirements were "reasonably necessary" to meet the *normal operation* of that business or enterprise.

How do you manage performance well?

• Each position has an updated job description - aligned with your organization's current strategy • Each job description clearly indicates its specific functions • You make sure there is a match between skills (both, hard skills and soft skills) and the functions of their corresponding job descriptions.

What is a mentor?

• Someone who teaches or gives help and advise to a less experienced and often younger person.

*Safety*: Why is safety important for pharmacy employees?

• Employers have a moral and legal obligation to provide safe working conditions. Manager must be familiar with OSHA using work logs and records, workplace injuries and fatalities Employers should promote awareness and safe handling of dangerous equipment

What are position requirements?

• Essential functions of the job are a key component of the job description • Tasks and responsibilities that are fundamental to doing a particular job • Should be *explicit* and used to draft job advertisements and develop selection criteria • Required to ensure compliance with the American Disabilities Act

What is the hiring process?

• Evaluate current staffing needs • *Define position requirements* • Decide who will be involved in the hiring process • Develop a sourcing strategy • Design a screening and evaluation process • Negotiate a competitive employment offer • Provide a thorough and welcoming orientation experience • Evaluate the effectiveness of the hiring process

What are some approaches to effective performance management?

• Evaluating Traits (dependable, punctual) • Evaluating Behavior (treats customers w/courtesy • Evaluating Results (progress to goals) • Multiple-tool performance and development • 360 degree feedback • "No appraisals" approach

What are the benefits of giving feedback?

• Feedback gives employees the opportunity to change behavior and also to charge forward, but if they don't know what worked and what didn't, how can we expect them to perform to their full potential?

What happened to fetal protection laws?

• Fetal protection laws were overturned because they created a disparate treatment for women.

What is performance feedback? Why is it important?

• Giving employees *timely and accurate* performance feedback is essential to maintain a productive workplace o When an employee consistently fails to perform as expected, it may be necessary to sever employment relationship o A wrongful termination lawsuit may result o Documented performance based on measurable, legally defensible criteria can help withstand such lawsuits

What are the three tenets of effective performance management?

• Goal setting • Evaluate performance • Feedback

*Recruitment*: What do HR specialists and managers contribute to recruitment of new employees?

• HR specialists manage the employment process from screening resumes to scheduling interviews to processing new employees. (determine the most effective methods) • Generally managers interview, talk to references, and hire the new employee in tandem with HR.

What is harassment? When does it become harassment rather than teasing or comments?

• Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a *hostile or offensive work environment* or when it results in an adverse employment decision (such as the victim being fired or demoted). • The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or *someone who is not an employee of the employer*, such as a client or customer.

What is a verbal warning?

• If employee is unaware of a policy they are violating, they should be *coached* instead of disciplined • Prior to a verbal warning, manager must become aware of the problem and verify it exists • Document by producing a *written record of the verbal warning.*

What are some environmental designs that can decrease stress from external stimuli?

• In the pharmacy, the incidence of violent external behavior can be reduced through environmental design. • These are usually durable changes which are relatively cheap to install and do not include long term financing. • Environmental design strategies include 'target hardening' (making violence more difficult to execute), and 'increased visibility' (to more easily identify perpetrators).

What are out group members?

• Individuals in a group or organization that do not identify themselves as part of the larger group. • Out-group members may: • Sense they are in opposition to the larger group. • Be unable to identify with the beliefs, norms or values of the dominant group. • Be excluded by the larger group. • Lack vital communication/social skills need to relate to others. • *The presence of out-group members may negatively impact:* • The development of a sense of community. • The development of the communities synergy. • Frequently do not receive the respect of others in the group/organization.

What is sexual harassment?

• Is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 • Sexual Harassment is defined as: o Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, o when submission to such conduct is: made a term or condition of employment, used as a basis for employment decisions affecting such individual, or has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile or intimidating work environment

What is the 4/5 rule?

• Issued by the EEOC, Uniform Guidelines on Employee Selection Procedures serves as a basis for determining if an adverse impact has occurred. • This rule notes that discrimination typically occurs if the selection rate for a protected group is *less than 80%* of the selection rate for a majority group. • In Supreme Court ruling (Connecticut v. Teal (1984) decisions in each step of the selection process must conform to the 4/5th rule. • Whenever the 4/5th rule is violated, it only indicates that discrimination MAY have occurred. • Further statistical analysis is necessary to determine the validity of the measure.

What are the three aspects of termination?

• Legal - The legal component involves reviewing the law and making a reasoned business decision, reviewing records and obtaining valid releases of potential claims. • Psychological - The psychological component involves allowing the terminated employee to tell his or her story and leave the company with dignity. • Sociological - The sociological component involves considering the impact of a termination on remaining employees and the outside world.

*Liability*: Why should managers know about liability risks?

• Managers knowledgeable of the organization's exposure and liability related to allegations of unfair employment practices can reduce the cost associated with these practices. (can prevent events from spiraling out of control and progressing to the legal system - employee development should include management of HR)

What is good discipline?

• Managers must use judgment, empathy, consistency, and fairness when administering employee discipline. • All disciplinary actions should be *documented in a factual, nonjudgmental way.*

*Selection*: How are new employees selected?

• Managers work closely with Human Resources (provide guidance on standard hiring processes) to effect good hiring decisions, according to the organization's workforce needs.

What are some examples of bonefide occupational qualifications?

• Mandatory retirement ages. EX: • The organization's bona-fide seniority system can serve as a defense against discrimination charges • To use as defense for employment decisions that may affect protected group classes they must be the logical function of a well-established and consistently applied seniority system. • Decisions that may affect protected group members may be permissible. • Appropriately gendered clothing models. • Customer preference (harder to prove) - Playboy Bunnies can be required to be female. In contrast Southwest Airlines requirement that flight attendants are female is not a BFOQ. Wilson V Southwest Airlines.

What is the difference between mandatory, hard skills, and soft skills training?

• Mandatory training - must be completed to meet federal, state, or local statutes • Hard skills training - skill-based knowledge necessary to operate equipment, technology, and processes for a specific task • *Soft skills training* - competency-based practical skills

What is the McDonnell Douglas test?

• Named for the McDonnell-Douglas Corp. V. Green 1973 Supreme Court case, the test provides a means of establishing a solid case that discrimination did or did not occur. • Consist of four parts, if these four conditions are met an allegation of discrimination is supported. • It is up to the company to refute the evidence by providing a reason for such action. (have to defend yourself)

What is happens when discipline is neglected?

• Neglecting discipline has consequences: • Negative effect on productivity and morale • Difficulty in enforcing long-ignored standards later on (if ignored at first - hard to enforce later)

*Training and Development*: Why is training and development important for new employees?

• New employee orientation is an essential step in forging a strong employer-employee relationship • Training and development also provides training that supports the company's fair employment practices and prepare employees for current work roles • Provides training focused on equal employment laws including sexual harassment.

What is the difference between contract versus employee?

• One common error hurting American workers is the misclassification of employees as contractors instead of employees. The DOL is working to correct the problem o The common law test, a worker is an employee if the purchaser of that worker's services has the right to direct or control the worker, both as to the final results and as to the details of when, where, and how the work is done. • Control need not actually be exercised; rather, if the service recipient has the right to control, employment may be shown.

Why are pharmacy employees important?

• Pharmacy employees set the image of the pharmacy. (carry out operations and meet operational goals) • Customer Service - Customers report that the most important reason they leave one pharmacy for another is not price but employee indifference or inappropriate employee behavior. (same product can be found at multiple stores - go back to yours for the customer service) • Law - Every employee of the pharmacy, must be knowledgeable of state and federal laws which regulate the ways in which pharmacies RECRUIT, PAY, TRAIN, MOTIVATE, and even TERMINATE their employees.

How do you take negative feedback?

• Practice • Humility • Self - Awareness • Self - Management

What is the Age Discrimination in Employment Act of 1967 (ADEA)?

• Protects anyone over the age of *40* from age discrimination. • Amendments removed a *mandatory retirement age.* • There are exceptions (pilots) • A four-pronged test is used to determine if age discrimination has occurred: 1) member of a protected group 2) that adverse employment action was taken, 3) the individual was replaced by a younger worker and 4) the worker was qualified for the job. • Punitive damages up to *double* the compensatory amount may be awarded by the court. • Employers may favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.

What is the 1991 Civil Rights Act?

• Provided punitive damages for discrimination against protected classes. Initial legislation allowed only compensatory damages.

What is the Family Medical Leave Act of 1993?

• Provides employees in organizations employing fifty or more workers the opportunity to take up to 12 weeks each year of *unpaid* leave for family or medical matters. • These employees are guaranteed their current job or one equal to it upon their return. • Employees retain their employer offered health insurance coverage but must pay out of pocket for the cost of the coverage.

What needs to be considered in order to determine if the allegations are reasonable?

• RELATED - The extent to which the factor is related to the employer's stated business purpose; • FAIR - The extent to which the employer defined the factor accurately and applied the factor fairly and accurately, including the extent to which managers and supervisors were given guidance or training about how to apply the factor and avoid discrimination; • NOT SUBJECTIVE - The extent to which the employer limited supervisors' discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes; (EX: nursing home used productivity factors and outcomes to determine who to fire - even if this had a disparate impact on older employees - was reasonably disease and could be used) • ASSESS IMPACT - The extent to which the employer assessed the adverse impact of its employment practice on older workers; and • The degree of the harm to individuals within the protected age group, in terms of both the extent of injury and the numbers of persons adversely affected, and the extent to which the employer took steps to reduce the harm, in light of the burden of undertaking such steps.

What can you use to screen and evaluate candidates?

• Resume • Interview • Matrix • Use multiple screening methods to make a sound hiring decision

What are internal stimuli?

• Role Demands: Relate to pressures placed on an employee as a function of the particular role he or she plays in the organization. • Role Conflicts: create expectations that may be hard to reconcile or satisfy • Role Overload: experienced when the employee is expected to do more than time permits. • Role Ambiguity: created when role expectations are not clearly understood and the employee is not sure what he or she is to do.

What is a sourcing strategy?

• Sourcing strategies are approaches an organization uses to seek applicants for vacancies • It is important to be familiar with: • Pharmacy-related recruitment patterns • Where good candidates are produced and found • How competitors source their candidates

What are some considerations for giving feedback?

• Strive for objectivity. • Create a bridge to the future. • Review records and organize • Recognize lessons learned

What is the Pregnancy Discrimination Act of 1978?

• The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment. • Companies may not terminate a female employee for being pregnant, refuse to make an employment decision based on pregnancy status or deny insurance coverage. • If the law is applicable to an organization, (applicable if it offers health benefits and sick leave to its employees) it must treat pregnancy as a *short-term disability.* • Must give off a reasonable amount of time and offer a similar job when she returns.

Does the conduct have to be unwelcome?

• The conduct must be unwelcome: A case-by case decision made by looking at the parties' relationship as a whole *Based on the viewpoint of the complainant.* Intent of the accused is not as important as the impact of the accused's actions or statements. There is no such thing as "asking for it" Someone who simply overhears offensive comments may find the conduct unwelcome. *Must be seen from a reasonable person's standpoint.*

What is termination?

• The final action in the employee disciplinary process, which leads to the end of employment and that results after repeated failure of the employee to correct the problem.

What are the four provisions of the McDonnell Douglas Test?

• The four provisions include: 1. the individual is a member of a protected class. 2. The individual applied for a job for which he or she was qualified. (must be qualified) 3. The individual was rejected. (rejected because of race) 4. After rejecting that applicant, the search was extended for other applicants.

What is an exclusion of protection under the 1964 Civil Rights Act?

• The law binds most organizations, both private and public. The laws does exclude organizations with less than *25* employees, later reduced to *15* (1972)

Can the employee use their paid vacation leave or paid sick leave for the FMLA period?

• The law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. ... When paid leave is used for an FMLA-covered reason, *the leave is FMLA-protected.* (get same job when return)

What is a written warning?

• The second, more *formal*, step in employee discipline, which includes stating the problem and noting repetition over time. • Includes: • Meeting similar to verbal warning • Placement of formal document in the employee's file • Meeting should be in private

What is suspension?

• The third step in the employee disciplinary process, in which the employee is given time off, usually *without pay*, to demonstrate the seriousness of the problem. • Manager meets with employee as before, and review formal documentation of suspension. • PROBLEM - May cause the company to suffer more than employee if the employee is instrumental to the company process • Employee may return in several different frames of mind.

Does the victim have to be the opposite gender? Does the harasser have to be an employer? Does the victim have to be the one harassed?

• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. • Unlawful sexual harassment may occur without economic injury to or discharge of the victim. • *The harasser's conduct must be unwelcome.*

What does Title 1 of GINA protect against?

• Title I, which prohibits genetic discrimination in *health insurance* (1 = body) • makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's insurance eligibility or coverage.

What does Title 2 of GINA protect against?

• Title II, which prohibits genetic discrimination in *employment.* (2 = larger employer) • makes it illegal for employers to use a person's genetic information when making decisions about hiring, promotion, and several other terms of employment.

What protects employees from sexual harrassment?

• Title VII (SEVEN) of the Civil Rights Act of 1964 ("Title VII") is a federal statute that protects employees from sexual harassment in the workplace. Specifically, Title VII prohibits workplace practices that discriminate because of sex for no bona fide job-related reason. • For example, under Title VII an employer is subject to damages and equitable remedies for discriminatory hiring and promotion practices and sex-related conduct that has a sufficiently adverse affect on the employee's work environment.

What is the employment at will doctrine?

• Under the employment at will doctrine, an employer can dismiss an employee for good cause, for no cause, or *even for a cause morally wrong*, without being guilty of a legal wrong. • Balances the rights of employers with the rights of employees to continue or leave a job at the employees discretion. To combat this - civil rights act, employees can sue, unions

What is the Worker Adjustment and Retraining Notification Act of 1988?

• WARN offers protection to workers, their families and communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the State dislocated worker unit; and to the appropriate unit of local government. • Employers are covered by WARN if they have 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work an average of less than 20 hours a week. Private, for-profit employers and private, nonprofit employers are covered, as are public and quasi-public entities which operate in a commercial context and are separately organized from the regular government. Regular Federal, State, and local government entities which provide public services are not covered.

What is a negligent referral?

• When a former employer gives a reference, the reference must be complete • Once a reference has been given, there is an ongoing duty to ensure the content of the reference is true • Employers that have policies about providing references should ensure personnel are aware of policies • An inaccurate negative reference based on an employee's protected class may result in filing of Title VII action against former employer • Former employers can be held civilly liable for providing negligent references • *Refers to failure to provide critical and complete information about a former employee* • Held liable for injuries to new employer or party injured by employee

What is worker's compensation insurance?

• Worker's compensation is a state regulated insurance program that pays medical bills and replaces part of lost wages if an employee has a compensable work-related injury, disease or illness. Today, Texas is the only state that allows employers to choose whether or not to provide workers' compensation, although public employers and employers that enter into a building or construction contract with a governmental entity must provide workers' compensation.

*Employee Satisfaction*: How can employee satisfaction be measured?

• administer employee opinion surveys • conduct focus groups • seek employee input regarding job satisfaction • seek ways the employer can sustain good working relationships.

What is the Vocational Rehabilitation Act of 1973 and as expanded by the Americans with Disabilities Act of 1990?

• both provides equal opportunities for the disabled. • Extends employment protection to most forms of disability status, including those afflicted with AIDS. • While the Americans with Disabilities Act is more encompassing, both acts require enterprises to provide *reasonable accommodation* to meet individual needs. • Full compliance for companies with *fifteen or more* employees.

What is the Genetic Information Nondiscrimination Act (GINA)?

• provides federal protection from genetic discrimination in health insurance and employment. • Genetic discrimination occurs when people are treated differently by their employer or insurance company because they *have a genetic change that causes or increases the risk of an inherited disorder.* • GINA is a federal law designed to protect people in the United States from this form of discrimination.

*Compensation*: What is appropriate compensation for employees?

• realistic compensation structures that set company wages competitive with other businesses in the area, industry or competing for employees with similar skills. • survey of wages and salaries are necessary (need to know what the middle is so people dont leave but you also dont lose money)

What situations can the twelve work weeks of leave be used?

• the birth of a child and to care for the newborn child within one year of birth; • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; • to care for the employee's spouse, child, or parent who has a serious health condition; • a serious health condition that makes the employee unable to perform the essential functions of his or her job;

What will happen if an employer violates title 7?

• the court may order the employer to pay back-pay, compensatory damages and punitive damages to the employee. • The court may also order appropriate injunctive relief. For example, the court can enjoin the employer from continuing discriminatory workplace practices such as maintaining a formal policy of treating women differently than men for no bona fide reason based upon the requirements of the particular job.

*Employee Satisfaction*: Why is employee satisfaction important?

•Knowledgeable managers help the organization achieve high performance, morale and satisfaction levels throughout the workforce, by creating ways to strengthen the employer-employee relationship.

*Compliance*: Why is compliance important for a company?

•Organizations must comply with federal state employment laws AND state laws. Including paperwork necessary for documenting that the company's employees are eligible to work in the U.S. and compliance with applicable laws to receive federal or state government contracts. •Follow reasonable hiring practices that provide equal opportunity.