Lindsy's copy (based on Amy's)

Scientific Management Period (1906-1937)

How do we treat our folks? During this era, we treated civil service like they were tools. Accountability and promote standardization. We didn't treat people like people, more as an object. Passage of the Classification Act of 1923 - grading, scoring, performance eval. Trade jobs (entry level), military, civil service, law enforcement, first responders, teaching up to middle school. " For 31 years we looked at people as just what they do and how to get there the quickest and cheapest AL ______________________________________ Government by the Efficient: Scientific Management Per. - Frederick Taylor (1911): "One Best Way" (Father of SM) • People viewed as extensions of their tools and machines • Believed in division of labor, hierarchy, political neutrality, standardization, and accountability • "The Principles of Scientific Management": Increase output by fastest, most efficient, and least fatiguing production methods - Luther Gulick (1937): POSDCORB • "Scientific Principles of Administration": Planning, organizing, staffing, directing, coordinating, reporting, and budgeting _____________________________________ BOOK NOTES: Scientific inquiry was viewed as a means for improving the operations of public service. -Empirical observation was viewed as an indispendable tool for improving merit based, non partisan public service. -was predicated upon the principles of turn-of-the-century organization theory. The tenets assumed a "one best way" for organizing based on systematic scientific inquiry, with efficiency as the overarching criterion. Before the Industrial Revolution, work practices were based on apprenticeships and learning a trade by doing it. Scientific management took issue with these practices as inexact and based on estimation. In contrast, scientific management adopted factual, analytical approaches to back up intuitive reasoning with evidentiary support. Battaglio (p. 28-29).

"25-50-25 rule" (also known as 80/20 rule):

o 20-25% of your folks are already motivated o 50% fence sitters 25% withdrawn or cynical o sometimes there is nothing you can do to motivate them. Collective bargaining does help those who aren't comfortable in speaking up but the drawback is too much of the above rules. AL ____________________________ - 25% are highly motivated - 50% are fence-sitters - 25% are withdrawn or cynical

Privacy in the Workplace Electronic Communications Privacy Act (ECPA) of 1986

" Electronic Communications Privacy Act of 1986 protects email privacy (requires warrant or subpoena if after 180 days); however, USA Patriot Act of 2001 has weakened protections. " FOIA and UIPA also reduce email privacy AL ________________________________ • Electronic Communications Privacy Act of 1986 protects email privacy (requires warrant or subpoena if after 180 days); however, USA PATRIOT Act of 2001 has weakened this protection • Freedom of Information Act and Hawaii Unifterm-36orm Information Practice Act also reduces email privacy ___________________________ BOOK NOTES: regulates the protection of federal employee communications, in particular those stored in computers. Employers must obtain prior authorization from the employee or secure a search warrant before accessing such data. Battaglio (p. 323).

Government by Reform: Managerial (1978-Present)

**2nd Piece of legislation Civil Service Reform Act of 1978 (Pendleton 2.0) - REFORM PERIOD #2 Split responsibilities of Civil Service Commission into two separate organizations -Office of Personnel Management (OPM) -Merit Systems Protection Board (MSPB) - police of OPM/HR function *Increase in merit principles (three to nine merit principles) *Creation of Sr. Executive Service -Civil Service Reform Act of 1978 - creation of new rank. SES =highest rank. Now there are standards for qualifications. *Civil Service Reform Act of 1978 allowed for Collective bargaining and some HR decision making to be passed down to the manager. *Merit pay, not just COLA, if you did your job you got an extra bit of pay at the end of the year. If you performed well, you were eligible for a merit pay. 80% doesn't improve, at least we can reward the 20% that does all the work. - Collective Bargaining, everyone is treated the same. AL ________________________________ Government by Reform: Managerial Period (aka Second Reform Period or Pendleton Act 2.0) - New reform movement focused on management, accountability, and performance - Passage of the Civil Service Reform Act of 1978 • Abolished Civil Service Commission and split into two units: - Office of Personnel Management (OPM) - Merit Systems Protection Board (MSPB) • Nine Merit Principles (vice Three Merit Principles in Pendleton) - 1) Open recruitment and competitive examinations, 2) fair and equitable treatment, 3) equal pay for equal work, 4) high standards of integrity, conduct, and concern, 5) effective and efficient workforce, 6) retention based on performance, 7) provided effective training and education, 8) political neutrality & 9) protection against whistle-blowing ____________________________ BOOK NOTES: The Civil Service Reform Act of 1978 marked the beginning of the current reform era of PHRM, effecting a reorganization of the civil service system and increased managerial flexibility. Functions such as planning, hiring, development, and discipline—typically centralized processes common to most levels of government—have been challenged by the current wave of reforms; they are now seen as civil service practices emblematic of bureaucratic inflexibility, inefficiency, and ineffectiveness. Battaglio (p. 5). -The benchmark of the era—the Civil Service Reform Act of 1978—ushered in a new era of public personnel that emphasized the management of public service, placing a greater emphasis on accountability and performance. -abolished Civil Service Commission, replaced w/ Office of Personnel Management (OPM) and Merit System Protection Board (MSPB). -managerial aspect of staffing and directing federal personnel relegated to OPM, with lines of supervision to the president. -MSPB = policing arm of personnel system, investigating and adjudicating employee grievances. -Splitting Civil Service Commission into two entities = means for pursuing the often incompatible values of efficiency and representation. -OPM would be headed by the president's appointed director and tasked with the efficiency directives previously under the Civil Service Commission—personnel management, appraisal and evaluation, and executive authority over the bureaucracy -MSPB would be a bipartisan "watchdog" of the federal civil service system, ensuring public service was run on a merit basis. Within the MSPB, the Office of Special Counsel was authorized to investigate abuses such as engaging in politics, discrimination, and suppression of information. MSPB would be responsible for investigating "whistle-blowing," protecting informants and investigating abuses. Battaglio (pp. 36-37).

Affirmative Action Debate

• For Affirmative Action - Compensatory justice (undue past injustices) - Distributive justice (social goods should be distributed equally) - Social utility (everyone has something to contribute) • Against Affirmative Action - Reverse discrimination is another form of discrimination - Preferential policies interfere with free market - Preferential practices may result in poor services and products • Both sides are concerned with - Undermining real achievements of underrepresented group - Suggesting underrepresented group lacks skills for success and will always need assistance

Employment Laws (Part I)

• Political Neutrality (Hatch Act of 1939) • Whistleblower Protection (CSRA of 1978 plus others) • Freedom of Expression (First Amendment) • Freedom of Association (First Amendment) • Privacy in the Workplace (Fourth Amendment) • Procedural Due Process (Fifth & Fourteenth Amendment) • Substantive Due Process (Fifth Amendment) • Refusal to Engage in Unconstitutional Actions (First Amendment) Case Law Promotes Public Service Model 1. Employee's constitutional rights 2. Government's interest 3. Public's interest

Equal Pay

• States' Equal Pay Laws: 48 states (includes HI) and DC • Lilly Ledbetter Fair Pay Act of 2009: Obama - 180-day statute of limitation for filing equal-pay lawsuit resets with each new paycheck • Paycheck Fairness Act (1997-2015): Will it ever pass? - 1) Making wages more transparent, 2) non-retaliation for disclosure of compensation, and 3) require employers to prove discrepancies are tied to legitimate business qualifications

Privacy in the Workplace Fourth Amendment National Treasury Employees Union v. Von Raab (1989): 5-4

" Public safety or national security positions - mandatory drug testing ruled ok for these positions. Why: Blackmail b/c they're using drugs, bribery, credible witnesses, police enforcement "diminished expectation of privacy" AL _____________________________ Supreme Court ruled drug testing is permissible for public employees engaged in public safety, transit, and other safetyrelated occupation • Supreme Court approved random drug testing for those employees that work in national security, law enforcement, or public safety

Contemporary Theory (1): Victor Vroom: "Expectancy Theory"

"Expectancy Theory": Economist. Says that motivation is based on 3 things: Effort a person puts in to work and if they do this work they have an expectation to receive an award and what is the value perceived by that person. Based on those 3 things will determine how much motivation of the person. Best way is to figure out what the award is of value in order to motivate and get that effort put forth. - reserved parking. - time off of work (comp time) AL ___________________________ - Motivation is a result of a rational calculation based on effort, performance, and value of the reward - Motivation = (E) x (I) x (V) • E = Expectancy (probability that work effort will be followed by performance accomplishments) • I = Instrumentality (probability that performance will lead to various reward outcomes) • V = Valence (value of the reward to the individual) • Motivation can be enhanced by choosing rewards that are of value to the worker

Contemporary Theory: Edwin Locke and Gary Latham: "Goal Setting Theory"

"Goal Theory" - employee that is motivated by achieving a goal, that may be a way to positively reinforce and keep them motivated. Manager has to provide constant feedback to monitor progress. AL ____________________________ - Goals must be specific and challenging - People must feel committed to the goal - Feedback is essential so people can monitor progress towards goal attainment

Classics Theory (1): Abraham Maslow: "Hierarchy of Needs"

"Hierarchy of Needs" - First theory ever created. How do you motivate your employees? (percentage = number happy with step 2 and above included). He says everyone can follow this (premise 1). Have to go in order from the bottom to the top (premise 2). Step 1 provide physiological needs (10%) -pay them, comfortable in workplace (Heat/ac) Step 2 Safety Needs (15%): Safe workplace - Following OSHA guidelines and laws for workplace safety. Provide benefits (Medical, life insurance) and job security. Step 3 (43%) Social Needs: Have to like your boss and the people you work with. Work groups, clients, coworkers, supervisors. Desire to go to work and be around your coworkers and do good. Step 4 Esteem Needs (30%): Recognition, status, increased responsibilities. Plaques, awards, recognition ceremonies, newsletters. Step 5 Self Actualization needs (2%): Opportunities for training advancement, growth and creativity. Selection for cool training opportunities. Highest of the high. AL ______________________ Workers must achieve each level before going to next higher level

Adult Life Stage Theory Richard Schott: "Life Cycle Theory"

"Life Cycle Theory" What you want now is going to be different than what you want 20 years from now. Lot of variation. Married-no married/ kids-no kids/job-pension. Change jobs because of elder care. AL ______________________ - Early adulthood (20s) vs. - Middle life (30s/40s) vs. - Later life (50s/60s)

Reward Theory Burrhus Skinner: "Operant Conditioning Theory"

"Operant Conditioning Theory" Positive reinforcement - giving positive rewards. Rewards don't have to be money just need to find what motivates them: recognition, access, responsibility, awards and praise. AL _________________________ - Reinforcement • Positive - Give a positive reward • Negative - Remove a negative consequence - Punishment • Consequences that reduce likelihood of a behavior being repeated • Least successful approach to reinforcing behaviors - Extinction • Removal of previously valued consequence, and desired behavior disappears • Rewards don't have to be monetary - Recognition, access, responsibility, awards, and praise

Civil Rights: Religion Title VII of the Civil Rights Act of 1964: Johnson

"Reasonable accommodations" that does not impose under hardship for religious obligations that do not impose "undue hardship". Reasonable, doesn't affect the organization. o E.g., Exceptions to dress/grooming standard, flexible scheduling, voluntary substitutes/swaps of shifts/assignments, lateral transfer/change in assignments. o EEOC v. Abercrombie & Fitch (2015). AL ________________________________ - "Reasonable accommodations" for religious obligations that do not impose "undue hardship" for employer • E.g. Exceptions to dress/grooming standard, flexible scheduling, voluntary substitutes/swaps of shifts/assignments, lateral transfer/ change in assignments • EEOC v. Abercrombie & Fitch (2015): 8-1

"Reinventing Government": New Federal Movement

"Reinventing Government" - New Federal Movement 1993 reform movement - Clinton, National Performance Review (NPR) 1. remove red tape (more efficient) 2. Put customers first (publicity) 3. Empower employees to achieve results (performance based) 4. Better government for less (downsizing) Bush: Focused on human capital and competitive sourcing - Contract out. Obama: Focused on efficiency and employee wellness Major piece of legislation on rapid hiring veterans AL ________________________________ Federal Level - Clinton: National Performance Review (NPR) of 1993 (aka "Reinventing Government") • Attempted new reform movement: 1) cut red tape (more efficient), 2) put customers first (publicity), 3) empower employees to achieve results (performance-based), and 4) better government for less (downsizing) - Bush: Focused on human capital and competitive sourcing • Cut red tape (Freedom to Manage Initiative and Managerial Flexibility Act of 2001); overhaul of SES pay; performance-based contracting; number of political appointees; less collective bargaining; competitive sourcing (less government) - Obama: Focused on efficiency and employee wellness • Rapid hiring process (especially for Veterans); Work-Life initiative (wellness programs); Results-Only Work Environment (ROWE) (results-oriented but employee flexibility) ______________________ BOOK NOTES: The intent of the NPR reforms was to transfer greater authority over the machinery of government from Congress to the executive branch. The chief executive and his or her appointments were viewed as an indispensable means for empowering civil servants, particularly through the executive-controlled OPM. If political considerations were removed and civil servants were freed from congressional red tape and oversight, it was argued, service provision would greatly improve. -"Bush Management Agenda," furthered practices as part of larger national security legislation targeting the Department of Homeland Security (DHS) and Department of Defense (DOD). The Homeland Security Act of 2002 and the National Security Personnel System (part of the National Defense Authorization Act for Fiscal Year 2004) provided DHS and DOD greater discretion over agency personnel matters (Brook and King 2008), providing for increased use of performance-related pay systems, greater managerial flexibility vis-à-vis labor relations, and greater agency-specific authorization to design and operate personnel systems (Brook and King 2008, 215). Brook and King (2008) contended that personnel reform at DHS and DOD "represent[s] the largest and most visible granting of agency discretion to date" Battaglio (pp. 38-39).

Classics Theory (2): Douglas McGregor: "Theory X vs Theory Y"

"Theory X vs Theory Y": Well-known. Focus on Theory Y Assumptions Theory X is only working to meet the physical need. Theory Y: People are willing to work and autonomously. If given a project, their willing to be creative and come up with solutions. Presented in a different way. AL ________________________________ Assumptions: Theory X (Scientific Management Period) • People dislike work and will avoid if possible • People prefer continuous direction and must be threatened with punishment to put forth effort • People exercise little or no creativity in solving org' problems • People prefer to be led, avoid responsibility, has little ambition, and wants security above all - Assumptions: Theory Y (Behavioralism Period) • People are willing to work • Under right conditions, people will accept and seek responsibility • Capable of self-direction and self-control in achieving org' goals • Capable of creativity, imagination, and ingenuity to org' problems • Commitment to objectives is a function of rewards associated with their achievement • Motivation occurs in response to ego and social rewards and dependent upon groups

Classics Theory (3): David McClellan: "Theory of Needs"

"Theory of Needs" Amending Maslow's hierarchy of needs, doesn't apply to everyone and the things that you need to be motivated can also change over time. Something you may think you need when you're 25 may change overtime. 3 categories: Need for achievement, Need for affiliation and Need for Power. AL __________________________ - Needs are learned over time and life experiences and differ from one person to another - Need for Achievement • Desire to do better, solve problems, and master complex tasks - Need for Affiliation • Desire for friendly and warm relations with others - Need for Power • Desire to control others and influence their behavior

Security Breach Notification Laws

(PII -personally identifiable information) 47 states plus DC require employers to notify employees of potential or real security breaches that involve personality identifiable information (PII) (Hawaii: yes) AL ______________________________ 47 states plus DC require employers to notify employees of potential or real security breaches that involve personally identifiable information (PII) (Hawaii: Yes) BOOK NOTES: several jurisdictions have enacted security breach notification laws, which require employers to notify employees of a potential or actual security breach that has or could compromise employee information. Battaglio (pp. 324-325).

Government by Equality: Civil Rights (1964-1978)

(regardless of who was elected you would keep your job). AL _______________________________________ Government by Equality: Civil Rights Period - Civil rights (and representative bureaucracy) movement to promote greater inclusion and equity - Executive Order 10925 (1961) - Passage of the Civil Rights Act of 1964 (Title VII) - Executive Order 11246 (1965) - Passage of the Equal Employment Opportunity Act of 1972 - War on poverty and social equity programs • Food Stamp Act of 1964 • Economic Opportunity Act of 1964 • Elementary and Secondary Education Act of 1965 • Social Security Act of 1965 (Medicare/Medicaid) ___________________________________________ BOOK NOTES: period of proaction. Affirmative action programs were established to provide an atmosphere conducive to equal opportunity and to correct imbalances in employment and advancement of minority employees. -President Kennedy's Executive Order 10925 prohibited discrimination in employment, as had previous orders, but it also included language for implementing affirmative action to right the wrongs in employment practices that had disenfranchised minorities. The Civil Rights Act of 1964 and Equal Employment Opportunity Act of 1972 would codify antidiscriminatory practices in employment into law for future generations. -Rather than emphasizing efficiency, as had reformers in the Scientific Management period, advocates of reform now held social equity to be the central concern of the public service. -B. Johnson's war on poverty put into practice this emphasis on social equity through Great Society legislation, such as the Food Stamp Act of 1964 and the Economic Opportunity Act of 1964, aimed at eliminating poverty and expanding educational opportunities for the poor. The focus of the public service included not only the charge of efficiency but also enhancement of social equity—working to redress the deprivation of minorities and enhance their political power and economic well-being. -Along with the guiding principles in the Pendleton Act (merit-based employment, neutral competence, and an open and competitive examination process)—the principles of representation, equal pay, and protection against whistle-blowing would be introduced. -Elementary and secondary education - not in book. -Medicare - not in book. Battaglio (pp. 32-33).

Pendleton Act of 1883 (from First Reform -Significant Era #1 1883-1906)

**HUMAN Resource Management - Pendleton Act of 1883 -one of two most significant pieces of legislation in HR. Created Federal Agency, Civil Service Commission created a merit system. Merit principles: (1) Open Recruitment and Competitive Examinations (2) Security of tenure (job stability) (regardless of who was elected you would keep your job). (3) Political neutrality Separation of politics from administration AL _____________________________________________ BOOK NOTES: Pendleton Act of 1883, established a civil service system that separated routine work from policy and administrative process and that was based on merit, with open recruitment and competitive examinations (as opposed to the patronage and nepotism that was pervasive at the time) and political neutrality. -These principles, which emulated British tradition that had emerged in the mid-19th century, were deemed essential for effective governance. These principles held for roughly the next century. -In recent decades, however, the traditional association of civil service systems with effective governance has been challenged as being too focused on rules and not focused enough on finding the right person for the job. -Penalties for violation of the neutrality clause of the Pendleton Act included criminal sanctions. -integral to promoting a paradigm in public administration that demarcated politics and administration. Battaglio (p. 5 and 26-27). AL

Civil Rights Act of 1991: Bush

**It wasn't until this time that you could actually sue and get money. Before 1991 all these laws looked good on paper but if you can't punish the person or the organization, what's the benefit of the law? Before laws great for telling people what to do. After, teeth. AL ___________________________ - Amends Title VII of the Civil Rights Act of 1964 by shifting burden of proof to employer in cases of disparate impact - Rights to a jury trial - Allows for punitive and compensatory damages when intentional

Social Identity Theory 2 Theories 1. Tajfel 2. Krislov (2 forms of representation)

1) Tajfel's Social Identity Theory (1979) Humans naturally have a tendency to migrate to people that are similar to themselves (Asians to Asians, male to male etc.). This theory is the reason why we have to proactively embrace diversity. Unconscious bias: is supported by social identity theory. Ex. You're on a hiring board, you'll gravitate to someone that looks like you. 2) Krislov's Theory of Representative Bureaucracy (representative workforce) Attract from the many skills and abilities of an entire population in order to address a broader set of policy problems Two Forms: 1) Passive Representation: Workforce has the same characteristic as the overall populations 2) Active Representation: Advocating for your specific group in the workforce and population. AL

Political Neutrality (Ethics) Pendleton Act of 1883

**Political Neutrality (merit principles in Political Reform Act- Ethics) AL ___________________________ - Restricted public employees from participating in political activity __________________________________ BOOK NOTES: the Pendleton Act of 1883, which established a civil service system that separated routine work from policy and administrative process and that was based on merit, with open recruitment and competitive examinations (as opposed to the patronage and nepotism that was pervasive at the time) and political neutrality. Bataglio (p. 5) -desire for a civil service system of employment led to the passage of the Pendleton Act in 1883. This act codified into law the principles of a merit-based, politically neutral personnel system based on competitive examinations. The purpose was to mandate the hiring of persons based on their professional abilities rather than political patronage. -Subsequent legislation has also provided public employees with protection from wrongful termination. -These laws were intended to prevent maltreatment of public employees by superiors or political officials; as long as public employees performed satisfactorily in their positions, they could expect some degree of job security. Battaglio (p. 52). -Pendleton Act and executive orders forbade the involvement of public employees in political activities, what constituted such activities was not clarified until the 1930s. Battaglio (p. 55).

Whistleblower Protection Whistleblower Protection Act of 1989 (amended in 2012)

**Whistleblower Protection Act 1989 (amended in 2012) -Federal law (not just merit principles, now you can sue in federal court). Shields federal employees from disclosure of gross mgmt., waste of funds, illegal acts, misuse of funds and danger to public safety Hawaii = 35 states with whistleblower. All employees covered. Public and private AL ________________________________ - Shields federal employees from disclosure of gross management, waste of funds, illegal acts, misuse of funds, and danger to public safety or health

Civil Service Reform Act of 1978 (Pendleton 2.0) - Reform Period #2 (from Managerial Period 1978-Present)

*Creation of Sr. Executive Service -Civil Service Reform Act of 1978 - creation of new rank. SES =highest rank. Now there are standards for qualifications. *Civil Service Reform Act of 1978 allowed for Collective bargaining and some HR decision making to be passed down to the manager. *Merit pay, not just COLA, if you did your job you got an extra bit of pay at the end of the year. If you performed well, you were eligible for a merit pay. 80% doesn't improve, at least we can reward the 20% that does all the work. - Collective Bargaining, everyone is treated the same. AL _______________________________ The Civil Service Reform Act of 1978 marked the beginning of the current reform era of PHRM, effecting a reorganization of the civil service system and increased managerial flexibility. Functions such as planning, hiring, development, and discipline—typically centralized processes common to most levels of government—have been challenged by the current wave of reforms; they are now seen as civil service practices emblematic of bureaucratic inflexibility, inefficiency, and ineffectiveness. Battaglio (p. 5). -The benchmark of the era—the Civil Service Reform Act of 1978—ushered in a new era of public personnel that emphasized the management of public service, placing a greater emphasis on accountability and performance. -abolished Civil Service Commission, replaced w/ Office of Personnel Management (OPM) and Merit System Protection Board (MSPB). -managerial aspect of staffing and directing federal personnel relegated to OPM, with lines of supervision to the president. -MSPB = policing arm of personnel system, investigating and adjudicating employee grievances. -Splitting Civil Service Commission into two entities = means for pursuing the often incompatible values of efficiency and representation. -OPM would be headed by the president's appointed director and tasked with the efficiency directives previously under the Civil Service Commission—personnel management, appraisal and evaluation, and executive authority over the bureaucracy -MSPB would be a bipartisan "watchdog" of the federal civil service system, ensuring public service was run on a merit basis. Within the MSPB, the Office of Special Counsel was authorized to investigate abuses such as engaging in politics, discrimination, and suppression of information. MSPB would be responsible for investigating "whistle-blowing," protecting informants and investigating abuses. Battaglio (pp. 36-37).

Executive Order 13583 (2011): Obama

- "Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce" directs all federal agencies to develop and implement a comprehensive strategy to identify and remove barriers to equal employment opportunity that may exist in HR policies and practices in regards to recruitment, hiring, promotion, retention, professional development and training - Also directs all federal agencies to identify best practices to improve the effectiveness of each agency's effort in those areas while maintaining consistency with merit system principles and applicable law

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act): Bush

- Additional responsibilities upon federal employers to provide an anti-discrimination & anti-retaliation workplace (proactive) • Annual compliance reports and quarterly statistics - Damage judgments are taken out of agency's budget - Annual anti-discrimination & anti-retaliation notices to all employees + biannual anti-discrimination & anti-retaliation training to all employees

Diversity Tertiary (Changeable)

- Alma mater - Fraternity or sorority - Hobbies - Activities - Clothing and grooming style - Music - Sports teams - Weight

Diversity Secondary (Changeable)

- Education - Socioeconomic status - Marital status - Parental status - Religion - Political party - Work experience - Regional background

Religious Freedom Restoration Act of 1993: Clinton

- Ensures interests in religious freedom are protected - Applies to Federal only due to City of Boerne v. Flores (1997) • 21 states (to include HI) have enacted state RFRAs

Whistleblower Protection Civil Service Reform Act of 1978

- Ninth Merit System Principle protects whistleblowers against reprisal when they disclose wrongful conduct

Diversity Primary (Unchangeable)

- Sex - Race - Ethnicity - Age - Sexual Orientation - Physical and mental abilities - Veteran (and mil spouse) status

Whistleblower Protection Hawaii Whistleblower Protection Act of 1992

- Shields private and public employees from reporting violations of state, federal, or local laws

Substantive Due Process Fifth (Feds) and Fourteenth (State and Local) Amendment

- Substantive due process is open-ended and adjudicated caseby- case (e.g. dress codes, grooming standards, residency requirements, off-duty conduct, etc.)

Baby Boomers (born 1940 - 1964)

-"Pay their dues" and "wait their turn". Loyalty. -Competitive just because of lack of management jobs. -Motivated by praise, money and position. AL ________________________ • "Pay their dues" and "wait their turn" • Competitive, dedicated, self-absorbed, embrace change, personal growth, and question rules • Motivated by praise, money, and position

Family and Medical Leave Act (FMLA) of 1993

-All private business that have 50 or more employees and all public agencies are required to provide 12 weeks of unpaid, job-protected leave during any 12-month period. o Care of newborn, newly adopted or foster child o Care of child, spouse, or parent with serious health condition o Serious health condition of the employee -Employers must maintained health insurance coverage -Employers must place employee in same/equivalent job upon return. -FMLA supplies to employees who have worked at least 1 year or at least 1250 hours. " Hawaii Family Leave Law (concurrent w/FMLA) -4 weeks of unpaid family leave (take Hawaii version first and remaining 8 goes to FMLA - can't make 16 weeks) Pros and cons Whenever a female applies for a job and they're at the child rearing age, a lot of employees may not voice it but they're going to think it. AL _______________________ - All businesses with 50 or more employees and all public agencies (local, state, and federal) must provide up to 12 weeks of unpaid, job-protected leave during any 12-month period • Care of newborn, newly adopted, or foster child • Care of child, spouse, or parent with serious health condition • Serious health condition of the employee - Employers must maintain health insurance coverage - Employers must place employee in same/equiv job upon return - FMLA applies to employees who have worked at least 1 year or at least 1,250 hours • Hawaii Family Leave Law (concurrent w/FMLA) - 4 weeks of unpaid family leave

Civil Rights: Gender Discrimination Title VII of the Civil Rights Act of 1964: Johnson (2 types: Quid Pro Quo and Hostile Work Environment).

-Gender discrimination: Sexual harassment and pregnancy is a form of gender discrimination 2 types: 1) Quid pro quo: sexual favor to get hired, get promoted to keep your job. 2) Hostile Work Environment (sexually offensive conduct is so pervasive that it becomes unreasonably difficult to work) **Meritor Saving Bank v. Vinson: 1986 Supreme Court case - hostile work environment **Oncale V. Sundowner Offshore Services (1986): Not just women that can be sexually harassed, men can be as well. **Burlington Northern and Santa Fe Railway Co v. White (2006): Claim sexual harassment and then you're fired is also against the law **Discrimination on basis of pregnancy, childbirth or related medical condition is a form of gender discrimination. -Pregnancy Discrimination Act (PDA) of 1978 (Carter) amended Title VII of the Civil Rights Act of 1964. Note: Does not require employers to accommodate pregnant workers. AL _____________________________ - Sexual harassment is a form of gender discrimination • Quid pro quo (job benefits contingent on sexual favors) • Hostile work environment (sexually offensive conduct is so pervasive that it becomes unreasonably difficult to work) - Meritor Savings Bank v. Vinson (1986): 9-0 - Oncale v. Sundowner Offshore Services (1998): 9-0 - Burlington Northern & Sante Fe Railway Co. v. White (2006): 8-0 - Discrimination on the basis of pregnancy, childbirth, or related medical condition is a form of gender discrimination • Pregnancy Discrimination Act (PDA) of 1978 (Carter) amended Title VII of the Civil Rights Act of 1964 • Note: Does not require employers to accommodate pregnant workers

Generation X (born 1965 - 1980)

-Have to enjoy what they're doing. -Autonomy AL ____________________________ • Independent, creative, cynical, and want work fulfillment • Motivated by greater independence and involvement

Political Neutrality (Ethics) Political Activities Act of 1939 (aka Hatch Act)

-only to cover federal government -prohibited from talking from partisan speech, electioneering, and campaign involvement. *Amended 1 year later (1940) to include state and local government employees * Amended in 1974 to allow state and local employees to participate in political campaigns as volunteer (off-duty) *1993 to allow non-exempt federal employees to participate in political campaigns as a volunteer (off-duty) Exempt = SES (highest level service), judges, law enforcement, anyone that is defense like a civilian that works in dept. of defense or an intelligence agency (10% of federal government) *2012 Hatch Act amended and given new name (Hatch Act Modernization Act) allows state and local employees to run for political office (as long as salary is not funded by federal loans or grants) IMPORTANT b/c we want our politicians to be public servants AL __________________________ - Restricts public employees from partisan speech, electioneering, and campaign involvement - Amended in 1940 to include state and local government employees that receive federal aid - Amended in 1974 to allow state and local employees to participate in political campaigns as a volunteer (off-duty) - Amended in 1993 to allow non-exempt federal employees to participate in political campaigns as a volunteer (off-duty) - Amended in 2012 (Hatch Act Modernization Act) to allow state and local employees to run for political office(as long as salary is not funded by federal loans or grants) _________________________ BOOK NOTES: The Hatch Act of 1939 restricted public employees' partisan speech, electioneering, and campaign involvement, and it safeguarded safeguarded employees and the public from partisan influence. -objectives of the 1939 Act were • To ensure the political neutrality of government workers by making partisan political activity by federal and other government workers illegal • To restrict partisan elected officials from using government employees for political purposes • To prevent the public employee from being loyal to the political party of a public official • To protect public employees from politically motivated job actions (Bowman and West 2009, 21). - Hatch Act amended in 1940 to cover state and local government employees in jurisdictions that received federal aid. -amended in 1993 to allow federal employees greater latitude to participate in the political process during their off-duty time, removing the prohibition on participation in "political management or political campaigns." Permitted activities include distributing literature, making phone calls, stuffing envelopes, making speeches, and holding offices in political parties (Shafritz et al. 2001, 115). federal employees still forbidden from using their authority to affect the results of elections or campaigns, running for office in partisan elections, and soliciting or receiving political contributions. -1993 reforms do not cover members of the SES, administrative law judges, law enforcement positions, defense or intelligence agencies, and other agencies such as Merit System Protection Board and the Federal Election Commission. Battaglio (p. 55).

Civil Rights • Equal Employment Opportunity Act of 1972: Nixon

1) Amends Civil Rights Act of 1964 extends to both State and local governments and government agencies. 2) Gave authority to EEOC to enforce Civil Rights Act of 1964. 3) Governs the practice of Affirmative Action (not mandatory, only time mandatory = court decree/order) o Actionable legal remedies aimed at addressing intentional employment discrimination via court order, negotiated settlement, or government regulation. o We can fix past injustices via the court settlement or court order: United Steelworkers of America v. Weber (1979) Court ordered affirmative action case US v. Paradise (1987) Court ordered affirmative action case Remedy ex. : 1 woman hired for every 1 male for ___ of next hires. o Johnson v. Transportation Agency Santa Clara County (1987) Organizations believe their companies should reflect their communities. Voluntary affirmative action. You can have a program where you can consider one of those 5 factors as long as you don't have a quota system. Volunteer allows you to pick that person as long as you're not quantifying. AL __________________________ - Amends Civil Rights Act of 1964 by extending coverage to state and local governments and government agencies - Gave more authority to EEOC to enforce Civil Rights Act of 1964 - Governs the practice of affirmative action • Actionable legal remedies aimed at addressing intentional employment discrimination via court order, negotiated settlement, or government regulation • United Steelworkers of America v. Weber (1979): 8-1 • U.S. v. Paradise (1987): 5-4 • Johnson v. Transportation Agency Santa Clara County (1987): 6-3

Tajfel's Social Identity Theory (1979)

1) Tajfel's Social Identity Theory (1979) Humans naturally have a tendency to migrate to people that are similar to themselves (Asians to Asians, male to male etc.). This theory is the reason why we have to proactively embrace diversity. Unconscious bias: is supported by social identity theory. Ex. You're on a hiring board, you'll gravitate to someone that looks like you. AL ____________________________ - People tend to classify themselves into social categories that have meaning for them and shapes the way individuals interact with others from their own identity group and from other groups (e.g. race, gender, etc.) • Propositions: - People desire to belong to groups that enjoy distinct and positive identities - People desire intergroup relationships • Social categorizations (such as women, teachers, students, managers, Muslims, etc.) • Social identity (such as gender, race, class, personality, physical traits, intellectual traits, etc.)

HRM Principles (4)

1) Understand values inherent in career public service - merit system principles 2) Understand and integrate non-civil service systems -welcome other sectors 3) Understand public has rights beyond merit principles -Embrace living in a glass house -FOIA -HI UIPA (FOIA) 4) Provide leadership for workforce -Effective and efficient use of people -Invest in people ("insourcing") (Leader and manager are not the same. You can be a crappy manager but you still need to be a leader). AL ______________________________ • Understand values inherent in career public service - Merit system principles • Understand and integrate non-civil service systems - Must work and appreciate the value and strength non-profit and private sector beings to the public sector • Understand public has rights beyond merit principles - Intense public visibility and scrutiny - Freedom of Information Act ("FOIA") (Federal) - Hawaii Uniform Information Practices Act ("HI FOIA") (State) • Provide leadership for the workforce - Effective and efficient use of people - Invest in people ("insourcing") ____________________________________ BOOK NOTES: as governments decentralize HR, moving it out of central personnel offices, HR professionals at the agency level are now burdened with more responsibilities. -Without expertise of central personnel staff, HR professionals need extensive training to cope with these new responsibilities. Moreover, these tasks may be particularly cumbersome for HR professionals in smaller agencies who lack the greater resources of larger organizations (Coggburn 2001; Hou et al. 2000). With performance-based pay systems, HR policy makers face difficulties in creating a government-wide standard given agency differences (Hays and Sowa 2006; Kellough and Nigro 2002). -HR professionals need better training in designing and implementing an efficient performance appraisal system that accurately rewards the behaviors that contribute to success in the absence of clear standards. -legal liability, problems with pay comparability, and a disconnection with the labor market (Hays and Sowa 2006; Shafritz et al. 2001; see also Whalen and Guy 2008). Thus, HR professionals need adequate training in competitive compensation practices, salary negotiations, performance appraisal, budgeting, and labor market analysis. -privatization of HR functions requires more extensive knowledge knowledge of cost-benefit analysis and contract management, and HR professionals charged with contract management need tools to ensure accountability through monitoring, legal restrictions, competition, cost accounting, and overall evaluation Battaglio (p. 14).

Social Identity Theory Krislov's Theory of Representative Bureaucracy (representative workforce)

2) Krislov's Theory of Representative Bureaucracy (representative workforce) Attract from the many skills and abilities of an entire population in order to address a broader set of policy problems Two Forms 1) Passive Representation: Workforce has the same characteristic as the overall populations 2) Active Representation: Advocating for your specific group in the workforce and population. AL ________________________________ - Attract from the many skills and abilities of the entire population in order to address a broader set of policy problems • Two forms - Passive representation • Workforce has the same characteristic as the overall population - Active representation • Advocating for your specific group in the workforce and population

Age Discrimination in Employment Act of 1967: Johnson

Age not one of the 5 classes. When it was passed in 1967 only for private sector and amended in 74 to include public sector. Only for people between the ages of 40-70. You also can't discriminate against them on pay. Federal workers, more protection. Sue for damages State employees - Can't sue for damages (state gov't has immunity-11th amendment) . You may not be able to get money out of it but you may get injunction relief (your job back). AL ______________________________ - Prohibits age discrimination against employees between 40-70 and restricts mandatory retirement unless there is a bona fide occupational qualification (BFOQ) • Original 1967 Act only covered private employees • Amended in 1974 to cover public employees (federal, state, local) • Amended in 1978 to raise the minimum mandatory age for retirement to 70 - Prohibits compensation discrimination based on age - Gomez-Perez v. Potter (2008) 6-3: Supreme Court rule federal workers who experience retaliation for reporting age discrimination can sue for damages - Kimel v. Florida Board of Regents (2000) 5-4: Supreme Court held that state employees cannot sue states for monetary damages (still possible for injunctive relief)

Employment-At-Will

Exemptions - Standard Exemptions (Federal laws) • Illegal discrimination (e.g. race, sex, nat'l origin, religion, age, disability, etc.) • Retaliation (e.g. whistleblowing, filing workers comp claim) - Public Policy Exemption (42 states & DC adopted): HI (yes) • Refusing to perform an act that state law prohibits (e.g. perjury at trial) • Reporting a violation of the law (e.g. employer's fraudulent practice) • Engaging in acts that are in the public interest (e.g. jury duty, Nat Guard) • Exercising a statutory right (e.g., filing workers' comp claim under state law) - Implied Contract Exemption (41 states & DC adopted): HI (yes) • Oral assurances from supervisor or employer representative • Handbook, policies, practices with written guidance on employment length - Covenant of Good Faith Exemption (20 states adopted): HI (no) • Terminations that are made in bad faith or motivated by malice (e.g. employer terminating an older employee to avoid paying retirement benefits or firing a salesman working on commission just prior to a commission becoming payable) _________________________________ BOOK NOTES: EAW has the potential to exacerbate recruitment and retention problems. Battaglio (p. 14). -particular, views of EAW and performance-based pay have proven to be significant for understanding organizational and managerial trust. Additionally, HR professionals may be more aware of agency HR policies than are other agency employees and be more capable of protecting themselves against adverse actions in the workplace. -past employee experience with spoils in the workplace is a significant predictor of the erosion of trust. -that EAW enables a spoils system adversely affects employee perceptions of organizational fairness, their trust in management, and their trust in the organization. -The erosion of trust in the workplace can be a significant impediment to improving productivity—the initial goal of these reform efforts. -EAW systems may have a fundamental flaw: familiarity may indeed breed contempt (Battaglio and Condrey 2009, 702-3). If this is so, EAW systems may, in fact, undermine the very public management systems they were intended to strengthen. -loss of job security in EAW environments has also frayed trust in the workplace. In exchange for less job security, reformers promised better pay, leave, or other benefits (Bowman and West 2006). However, research suggests that job security has a positive impact on employee productivity and commitment to the organization -it may discourage open dialogue among employees who fear reprisals if they speak their minds. In this regard, EAW may be sending a mixed message to employees. Doubtful of EAW's ability to encourage policy innovation, employees are also aware that their jobs are on the line if they don't produce results. Such a conflicting message may prove problematic for progress in an EAW environment. -Instead of motivating employees to be innovative and performance oriented, EAW has potentially eroded traditional principles supporting job security and influenced employees to be less assertive and progress oriented. -African Americans, in particular, have expressed objections to EAW as a motivational tool. -While on its face EAW may appear to sidestep lengthy grievance processes, in reality HR professionals will seldom make arbitrary decisions without guidance from HR offices and legal staff. Given the legal implications of establishing a set of grievance policies, EAW systems may avoid developing personnel manuals. HR personnel are subsequently given little or no guidance in disciplining employees in EAW jurisdictions. Battaglio (pp. 41-44).

John Adams: "Equity Theory"

FOCUS "Equity Theory": Don't believe everyone should be equal, what I believe in, everyone has equal opportunity. Highly motivated folks should be awarded more. Created in 1978 when performance-based pay came about. This is the theory that justified why we do merit based or performance pay. If everyone doesn't do excellent work then not everyone should merit that pay. Most people like this theory. AL _________________________ - What is fair or equitable is learned through a process of socialization and comparison with others - Those who contribute more should receive more rewards (e.g. merit pay or performance-based pay)

GOVERNMENT BY THE COMMON MAN: Spoils (1829-1883)

Andrew Jackson, no more just upper class. Bringing the "common man" in to work in government. Job was through political affiliation (patronage). Too political as opposed to representative and abuse of power. AL _____________________________ Government by the Common Man: Spoils Period - President Andrew Jackson's inauguration (1829) brought the "common man" into the White House - Party loyalty was intense and party members were rewarded with a government appointment (regardless of competence) in what came to be known as the spoils system--the practice of awarding government jobs to one's friends and political supporters - Patronage is the power vested in political leaders to make partisan appointments and to confirm licenses, contracts, franchises, honors, and other benefits on political supporters, friends, and relatives - Resulted in political government v. representative government and abuse of power ___________________________________ BOOK NOTES: The Jackson presidency encouraged greater participation in the electoral process and public service by the mass populace, regardless of status or education attainment. -universal white male suffrage attracted a greater plebian constituency to the political process. -spoils period of public employment, hiring, removal, and related personnel decisions increasingly relied upon the employee's partisan affiliation, specifically whether he supported the political goals of the party in power. -an intellectual and political rationale for effectively staffing the bureaucracy by the doctrine of rotation in office. -not a more representative government but a more political government. While the Jackson era opened up public service to the common man, the common man did not ultimately benefit. -Instead of creating a more egalitarian public service, the spoils era was just as irresponsible and unrepresentative as the system Jacksonian reformers had intended to fix. Battaglio (p. 23-24)

Ontario v. Quan (2010): 9-0

Anything government bought - there is no expectation to privacy on work related audits. AL __________________________ Supreme Court revisits privacy issue on work objects (and technology advancements) and ruled no expectation to privacy on work-issued equipment for work-related audits

Refusal to Engage First Amendment (*wasn't going to discuss but it was in the book) - Harley v. Schuylkill County (1979)

Asked to do something and you feel it's a violation of yours or someone else's rights, you can say no. AL _____________________________ • District Court ruled public employees have the right to refuse to engage in an activity that they perceive to be unconstitutional • Employee must demonstrate that they sincerely believed that the proposed action was unconstitutional

Government by Individuals: Behavioralism (1937-1964)

Care about employees well-being. Folks will tap out because all top positions are political employees - Issues b/w government employees and political appointees. *Passage of the Classification Act of 1949. Pay system and step-by step grades classification via newly created GS pay system. AL ___________________________ Government by Individuals: Behavioralism Period - Shifted focus from employer/organization to individual well-being - George Elton Mayo (1927-1932) "Hawthorne Studies" (Founder of the Human Relations Movement [Human Relations School and Organizational Humanism]) - Brownlow Committee (1937) • Created the Executive Office of the President (later decentralizes President's executive authority via presidential appointments) - Tension rises between appointees (President) and careerists (Civil Service Commission) - Passage of the Classification Act of 1949 • Further regulated federal pay system under step-and-grade classification via newly created General Schedule (GS) pay system ________________________________________________ BOOK NOTES: org charts alone not enough to manage an expanded civil service. -Revolutionary research in behavioralism advanced the understanding of human resource theory. Human resource theory shifted its focus from the employer and organization to labor and the individual within the workplace. Experiments during this period (e.g., the Hawthorne experiments conducted to assess human behavior in the workplace) demonstrated that the internal and external elements of the organization's environment were profoundly important to understanding human behaviors such as motivation and morale. -President's Committee on Administrative Management—the Brownlow Committee—in 1937 to deliberate and offer advice on how he might better manage the bureaucracy. targeted personnel administration for purposes of reforming management and modernizing the executive office. Emphasizing the ideals of the era, the committee wrote that the "administrator should be concerned with human relations, values, deeper . . . needs of the human beings whose government he represents" -president was ill equipped to manage a growing bureaucracy given the lack of professional staff in the White House. Result was creation of the Executive Office of the President with a strong executive leadership role over the civil service. The president would no longer take a role subordinate to that of Congress and the Civil Service Commission in the staffing of the government apparatus. New framework advocated moving Congress into an oversight role so as not to constrain the president's ability to manage the bureaucracy. Battaglio (pp. 30-31).

Family/Work Programs

Childcare programs -Referral services -Financial assistance such as vouchers, subsidies, tax shelters -Day care facilities on or near the job site Elder Care programs -Same as above plus: -Counseling and support groups -Flexible leave policy (sick leave, annual leave, personal leave). As a manager you can be as rigid as you want on these policies. Paid Family Leave -Paid maternity or paternity leave -Paid adoption leave -Flexible leave policy (sick leave, annual leave, personal leave). OPM Policy 59 minute rule - it gives supervisors and managers discretion to give 59 minutes off a week... AL __________________________ • Child care programs - Referral services - Financial assistance such as vouchers, subsidies, tax shelters - Day care facilities on or near the job site • Elder care programs - Same as above plus: - Counseling and support groups - Flexible leave policy (sick leave, annual leave, personal leave) • Paid family leave - Paid maternity or paternity leave - Paid adoption leave - Flexible leave policy (sick leave, annual leave, personal leave)

Managerial (1978-Present) Cont.

Cont Passage of the Civil Service Reform Act of 1978 • Created Senior Executive Service (SES): Approx 7K (90%/10%) • Established Federal Labor Relations Authority (FLRA) - Legal foundation for collective bargaining for federal employees • Decentralized personnel decision-making to agency-level managers • Established performance-based pay (merit pay) for mid-level managers and supervisors _____________________________________ BOOK NOTES: created an independent body for regulating labor issues in the federal service—the Federal Labor Relations Authority. 1. Decentralization of personnel decision making to agency-level managers, eschewing central personnel agencies in favor of more fluid managerial practices 2. Creation of the Senior Executive Service (SES), a cadre of exceptional personnel positions, to bridge the gap between political appointees and career civil servants. Agency managers are given greater flexibility regarding compensation of the SES personnel. 3. Establishment of a performance-based pay system (merit pay) for midlevel managers and supervisors (Mosher 1982). -Performance-based pay systems not only represented a shift from rewarding seniority but also provided agency managers with greater flexibility over reward decisions. Battaglio (p. 37).

Theories of Motivation: Psychological Contract

Distinguishes a great manager from a good manager. Psychological contracts can increase motivation Conducted in-person meetings or reviews during first 2-4 weeks and then recurring periods (quarterly, semi-annual, annual) Sit down with your supervisor, sit down with the boss. Ensures clarity about roles and expectations and then when you're done, ask them what they expect of you? Allows managers to better understand needs of employees (eg short time and long-term goal both personal and professional = what tools do I need to motivate this person). Always bring in education and advancement if it isn't addressed. AL

Fair Credit Reporting Act (FCRA) of 1970

Employer must get authorization from prospective employee and secure its contents _________________________________ BOOK NOTES: regulates background checks conducted during the recruitment and selection process. The FCRA mandates the privacy of employee background information and requires that the organization get written authorization from the prospective employee for permission permission to obtain consumer reports. If the information leads to an adverse action on the part of the employer, the employee must be notified. Several states have enacted similar laws safeguarding the information procured by background checks. Battaglio (p. 323).

Substantive Due Process Fifth (Feds) and Fourteenth (State and Local) Amendment Kelley v. Johnson (1976): 6-2

Everything else that people may claim is a violation of their civil liberties. Some of the main ones have to deal with dress codes, grooming standards, residency requirements, off duty conduct. **Courts have said yes, your employer can mandate dress codes, grooming standards, residency requirements if they can provide a reason why they are asking you to do so and not done maliciously the ok. Military has a dress code because they're about standardization, no unique identity, grooming standard - professional look, if you work with machinery, beard doesn't get caught. AL _____________________________ • Supreme Court ruled employer's grooming standards did not violate personal liberties, placing burden of proof on employee to demonstrate no rational connection between the regulation and the promotion of safety of persons and property

Judiciary Branch - Federal Lawsuits

Federal Court (District court or territorial court) 1 Supreme Court (final arbiter for in case Ninth District can't agree) - 13 Appellate Courts (Ninth Circuit covers District of Hawaii) Appeal (Trump's nightmare, largest is Ninth) 90 District Courts (District of Hawaii) - circuit +$40k or district -$40k suits 4 Territorial District Courts (Guan, PR, VI, NMI) American Samoa falls under District of HI or District of DC State of Hawaii 1 Hawaii Supreme Court 1 Intermediate Court of Appeals AL ________________________________ • Federal - 1 Supreme Court - 13 Appellate Courts (Ninth Circuit covers District of Hawaii) - 90 District Courts (District of Hawaii) - 4 Territorial District Courts (Guam, PR, VI, NMI) • American Samoa falls under District of HI or District of DC) • State of Hawaii - 1 Hawaii Supreme Court - 1 Intermediate Court of Appeals - 4 Circuit Courts (jury trial or >$40K) - 4 District Courts (<$40K) - Others (Land Court, Tax Appeal Court, Family Courts, Environmental Courts)

Federal Employees Family Friendly Leave Act of 1994

Federal Employees Family Friendly Leave Act 1994 Allows employees to use 13 days of paid sick leave Care of family members Arranged or attend funeral of family member Purpose related to the adoption of children Hawaii (yes): Up to 21 days plus bereavement (3 days) City and County of HNL same as state AL _______________________________ - Allows employees to use 13 days of paid sick leave • Care of family members • Arrange or attend funeral of family member • Purposes related to the adoption of children - Hawaii (yes): Up to 21 days plus bereavement leave (3 days) - City and County of Honolulu (yes): Same as state

Freedom of Expression Rankin v. McPherson (1987): 5-4

Fired because she said something derogatory about president and sued. If someone says something and it did not disrupt the agency to do it's job, by looking at the context and access they have by looking at: Manner Time And place of employee's expression AL _______________________________ Supreme Court ruled that Rankin did not unduly disrupt the operations of the agency but suggests that "manner, time, and place of employee's expression are relevant as is the context in which the dispute arose"

Flexible Work Programs

Flexible Work programs Traditional was 9-5, set schedule Monday-Friday Contemporary "flexible work programs" Part time or job sharing (Federal Employees part-time career Enhancement of 1978) Feds= 35 hours for part time Flextime - supervisors and managers will allow you to work whatever schedule Compressed - work 40 hours in less than 5 days: 4-10hr. days, 9 hr. days with every other Friday off. Telecommuting (Telework Enhancement Act of 2010). AL __________________________ • Traditional "9-to-5" work schedule - Set schedule Monday - Friday • Contemporary "flexible work programs" - Part-time or job sharing (Federal Employees Part-Time Career Enhancement Act of 1978) - Alternative work schedules (Federal Employees Flexible and Compressed Work Schedules Act of 1982) • Flextime • Compressed - Telecommuting (Telework Enhancement Act of 2010)

Health Insurance and Portability and Accountability Act (HIPAA) of 1996

Have to get consent AL ______________________________ Regulates employee privacy with transmitting health records and information __________________ BOOK NOTES: regulates employee privacy with regard to health records and information. The Privacy Rule of HIPAA requires covered entities to adopt written policies and procedures regarding the use and disclosure of protected health information. Battaglio (p. 323).

• Responding to the Changing American Workforce (Trends: Demographic changes Feb 14 lecture)

How parental, women and dynamic statuses have changed. -47% of workforce are women 3 SIGNIFICANT TAKEAWAYS - *justification for more tripling of multiracial, more desire to identify with all ethnicities. *If projections are correct, most significant this is that there will no longer be a majority race. If this happens diversity goes away. (most incredible part of these numbers). Gender Trends Baby Boomers (1946-1964) Baby Boomers are retiring. Big concern =corporate and institutional knowledge goes with them. Three ring binders, non-migrated material. Generation X (1965-1980) Generation Y or Millenials (1980-1997) Make up the majority of the workforce. Generation Z or iGen (1998-now) Other trends Increase in part time percentages - has to do with more women entering the workforce, babyboomers coming back for part time employment Elder Care responsibilities People are living longer, when it was a more traditional workforce, when women were home they took care of the parents. When demographic changes less women at home meaning less primary caregivers. Employees spend 18 hours/week caring for a relative. AL ________________________________ - Demographic changes • Gender employment trends • Racial employment trends • Generational employment trends • Other employment trends - Employee-friendly policies • Benefits • Family/work programs • Family leave • Flexible work programs

Procedural Due Process Fifth (Feds) and Fourteenth (State and Local) Amendment Board of Regents v. Roth (1976): 5-3

If a person gets fired and it's harmful to an employee's professional/personal reputation they also require due process AL ________________________________ • Supreme Court ruled property interests are defined by existing rules from an independent source (e.g. state law) • Harm to an employee's professional/personal reputation—as it relates to future employability—requires procedural due process

Lily Ledbetter Fair Pay Act of 2009

If you're able to prove discrimination, according to Pay Act of 1963-once discrimination has been noted, you have 180 days to file. She didn't file complaint because she didn't find out about it until 20-30 years later. Have protections but way law is written, doesn't protect us. AL

Procedural Due Process Fifth (Feds) and Fourteenth (State and Local) Amendment Cleveland Board of Education v. Loudermill (1985): 8-1

MOST IMPORTANT If you are terminated, they can't just terminate/fire you. They have to give you a written, oral or physical explanation and provide the evidence. ***When you're a manager, 3 things you need to do. Document, document and document.*** AL _________________________ Supreme Court expands due process for terminations and ruled public employees (non-EAW) have right to oral/written explanation of why and evidence, and opportunity to present their side (e.g. pretermination hearing)

DIVERSITY (Overall Flash Card)

Multicultural multiethnic, multi location, multi background. Effective communication and understanding -sensitive to each others differences - take advantage of all backgrounds. equal representation. Tunnel vision. Diversity improves government services and government programs. Don't care where the great ideas come from but want to make sure they come in. It depends on the issue. Pending the government service, program or policy, diversity nay not be a primary issue but it may be one of these other ones. 3 dimensions of diversity: Primary (unchangeable) Sex Race Ethnicity Age Sexual Orientation Physical and mental abilities Veteran and military spouse status Secondary(changeable) Education Social Economic Status Marital Status Parental Status Religion Political Party Work Experience Regional background (North, South and Midwest) Tertiary (changeable) Alma mater Fraternity or sorority Hobbies Activities Clothing and grooming style Music Sports teams Weight AL

Classics Theory (3): Abraham Maslow "Hierarchy of Needs", Douglas McGregor: "Theory X vs Theory Y" and o David McClelland: "Theory of Needs"

Need Theories Humans have basic needs. If you fulfill those needs then humans will stay in the workplace. o Abraham Maslow "Hierarchy of Needs" - First theory ever created. How do you motivate your employees? (percentage = number happy with step 2 and above included). He says everyone can follow this (premise 1). Have to go in order from the bottom to the top (premise 2). Step 1 provide physiological needs (10%) -pay them, comfortable in workplace (Heat/ac) Step 2 Safety Needs (15%): Safe workplace - Following OSHA guidelines and laws for workplace safety. Provide benefits (Medical, life insurance) and job security. Step 3 (43%) Social Needs: Have to like your boss and the people you work with. Work groups, clients, coworkers, supervisors. Desire to go to work and be around your coworkers and do good. Step 4 Esteem Needs (30%): Recognition, status, increased responsibilities. Plaques, awards, recognition ceremonies, newsletters. Step 5 Self Actualization needs (2%): Opportunities for training advancement, growth and creativity. Selection for cool training opportunities. Highest of the high. o Douglas McGregor: "Theory X vs Theory Y": Well-known. Focus on Theory Y Assumptions Theory X is only working to meet the physical need. Theory Y: People are willing to work and autonomysly. If given a project, their willing to be creative and come up with solutions. Presented in a different way. o David McClelland: "Theory of Needs": Amending Maslow's hierarchy of needs, doesn't apply to everyone and the things that you need to be motivated can also change over time. Something you may thing you need when you're 25 may change overtime. 3 categories: Need for achievement, Need for affiliation and Need for Power. AL

Affirmative Action

Never been mandatory - always voluntary unless it was a legal remedy based on a court order, negotiated settlement or government regulation. Because affirmative action and diversity go hand in hand, we embrace it because we believe it's important to have as many perspectives as possible. In most recent supreme court decision - Fisher v. Texas (2016) Supreme Court came out on record and said diversity is a government compelling interest. Word is a justification for affirmative action. Argument was affirmative action as a whole which extends to public and private employment. 2 other major decisions that led to Fisher Gratz v. Bollinger - University of Michigan (undergraduate) Grutter v. Bollinger - University of Michigan (graduate) Whatever category you're going to use (race, gender etc.) bottom line is that you cannot quantify it. If you quantify it, that's discrimination. If you're female you get 10 points...if you don't quantify it, you can maybe carry extra weight. What's the circumstance of our office. Ex. Hiring panel: all Asian office - 15 points to a white applicant. Pretty comparable applicants, if your hire a Caucasian you used diversity to bring about affirmative action in to the program. AL _________________________ Equal Employment Opportunity Act of 1972 governs the practice of affirmative action - Actionable legal remedies aimed at addressing intentional employment discrimination via court order, negotiated settlement, or government regulation • Gratz v. Bollinger (2003): 6-3 (quantifiable scale) • Grutter v. Bollinger (2003): 5-4 (no quantifiable scale) • Fisher v. University of Texas (2016): 4-3 - Court curtails scope and meaning of affirmative action by focusing on diversity as a "compelling interest" - Importance of diversity in education has consequences for promoting diversity in public and private employment

LGBTQ Protection

No overarching federal law that protects sexual orientation. There are some protections but it's piecemeal. If you worked in Federal government, there are some protections via executive order but only applies to federal government. Executive Order 13087 (1998): Clinton Adds sexual orientation to its list of protected classes Executive Order 13672 (2014): Obama Also added gender identity to list of protected classes. States have their own separate laws: Human Rights Campaign (www.hrc.org/state_maps) 33 states (22 all; 11 public) and DC protects employment discrimination against sexual orientation (HI yes) 26 states (20 all; 6 public) and DC have passes laws prohibiting employment discrimination on gender identity. (HI yes) AL _________________________ • Executive Order 13087 (1998): Clinton - "Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government" adds sexual orientation to its list of protected class • Executive Order 13672 (2014): Obama - "Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government" adds gender identity to its list of protected class - 33 states (22 all; 11 public ) & DC have passed laws prohibiting employment discrimination based on sexual orientation (HI yes) - 26 states (20 all; 6 public) & DC have passed laws prohibiting employment discrimination based on gender identity (HI yes) - Human Rights Campaign (www.hrc.org/state_maps) (as of Jan 3, 2018)

Social Security Number Protection Act of 2010

No public agency can place SSNs on checks for payment ie xxx-xx-9201 38 states prohibit or restrict dissemination of SSNs (Hawaii: Yes) extra protection, no disseminations ever. AL _________________________ - No public agency can place SSNs on checks for payment - 38 states prohibit or restrict dissemination of SSNs (Hawaii: Yes)

Passage of the Classification Act of 1923 (from Scientific Management Period 1906-1937)

Passage of the Classification Act of 1923 - grading, scoring, performance eval. Trade jobs (entry level), military, civil service, law enforcement, first responders, teaching up to middle school. " For 31 years we looked at people as just what they do and how to get there the quickest and cheapest. AL ___________________________________________ BOOK NOTES: While scientific management was originally intended for private sector consumption, public personnel systems would eventually evolve toward its tenets, which were notably embodied in the Classification Act of 1923. The act set about organizing and centralizing merit principles according to the wisdom of scientific management (Shafritz et al. 2001). Before the act's passage, job descriptions, career grades, and formal appraisals were largely nonexistent in the public sector. The law's result was the creation of modern position classification, establishing (1) broad occupational divisions or "services"; (2) "grades" as a means for distinguishing jobs by levels of importance, difficulty, responsibility, and value; (3) uniform compensation schedules; (4) a general appraisal system of the duties and responsibilities of office; (5) a policy of equal pay for equal work; (6) "classes" and "class specifications"; (7) a central classifying authority; and (8) finality of the classifying authority's decisions The act effectively centralized authority over all the terms of employment, particularly by implementing job analysis and job descriptions under position management—a practice in effect to this day in many jurisdictions. Battaglio (p. 29-30).

Classification Act of 1949 (from Behavioralism 1937-1964)

Pay system and step-by step grades classification via newly created GS pay system. AL ______________________________ BOOK NOTES: strengthened the Civil Service Commission's control over position classification. -balance executive authority over the civil service, while expanding Civil Service Commission responsibility for position management. Unfortunately, balancing act proved challenging, resulting in what Wallace Sayre (1948) termed "the triumph of techniques over purpose" (134). The focus on technical details (e.g., rigid pay grades) diverted public personnel from their responsibilities in the service of public policy and the public interest. Battaglio (pp. 31-32).

Freedom of Expression First Amendment Pickering v. Board of Education (1968): 8-1

Pickering v. Board of Education. what you say is protected unless it falls under 1 of 4 categories 1) Blatant disregard for truth 2) Impair discipline and harmony in the workplace 3) Breach confidentiality 4) Impede job performance or workplace productivity AL _______________________________ • Speech on matters of public concern is protected unless: 1) blatant disregard for truth, 2) impair discipline and harmony in the workplace, 3) breach confidentiality, or 4) impede job performance or workplace productivity • Supreme Court ruled Pickering did not represent a blatant disregard for the truth and did not interfere with workplace productivity • Established "Pickering Test": "Interest of the employee speaking out on a matter" vs. "Productivity/efficiency concerns of an employee

Federal Employees Leave Sharing Amendments Act of 1993 (Federal Leave Sharing Act of 1988 pilot program)

Preferred over FMLA Federal Employees Leave Sharing Amendments Act of 1993 You can donate your vacation days to other employees. Leave Sharing Program (child/spouse/self has terminal cancer) AL ____________________________ Employees can donate annual leave (paid vacation days) to coworkers who have exhausted their annual leave and face a family medical emergency: Voluntary Leave Transfer Program - Hawaii (yes): Leave Sharing Program - City and County of Honolulu (yes): Same as state

Government by the Good: First Reform (1883-1906) SIGNIFICANT ERA #1

Progressive movement, doesn't matter what political party, just qualified. **HUMAN Resource Management - Pendleton Act of 1883 -one of two most significant pieces of legislation in HR. Created Federal Agency, Civil Service Commission created a merit system. Merit principles: (1) Open Recruitment and Competitive Examinations (2) Security of tenure (job stability) (regardless of who was elected you would keep your job). (3) Political neutrality Separation of politics from administration AL ________________________________ - Progressive movement to make government more democratic and promote greater regulation ____________________________________ BOOK NOTES: Progressive reforms, which would usher in the modern civil service system. -public service, such as it was in the mid- to late 1800s, was staffed by opportunistic office seekers and was not professionally equipped to meet the public demand for expertise related to industrialization and regulation. -Immigration changed the demographic reality of 19th-century America. many immigrants, seeking access to the political system but continually rebuffed by the old gentry and their connections to industry, viewed political action as a necessity. -A public service based on merit, instead of political affiliations or connections, viewed as a means for increasing the economic, political, and moral development of the country. -sought an end to corruption in public service through creation of a merit-based system modeled after Great Britain; public service that clearly separated support staff and their more routine clerical work from a professional class engaged in policy formulation and implementation. Selection would rely on open recruitment (anyone was welcome to apply, and appointment would be based on merit, as demonstrated by performance on examinations). -a civil service commission was established in 1855 to administer this selection process, ending the long-standing system of patronage. -examinations and open recruitment as a means for ending patronage run amok in the public service. Battaglio (p. 25-26).

Theories of Motivation: Classics Theories (3)

Psychological contract distinguishes a great manager from a good manager CLASSICS THEORIES Need Theories Humans have basic needs. If you fulfill those needs then humans will stay in the workplace. o Abraham Maslow "Hierarchy of Needs" - First theory ever created. How do you motivate your employees? (percentage = number happy with step 2 and above included). He says everyone can follow this (premise 1). Have to go in order from the bottom to the top (premise 2). Step 1 provide physiological needs (10%) -pay them, comfortable in workplace (Heat/ac) Step 2 Safety Needs (15%): Safe workplace - Following OSHA guidelines and laws for workplace safety. Provide benefits (Medical, life insurance) and job security. Step 3 (43%) Social Needs: Have to like your boss and the people you work with. Work groups, clients, coworkers, supervisors. Desire to go to work and be around your coworkers and do good. Step 4 Esteem Needs (30%): Recognition, status, increased responsibilities. Plaques, awards, recognition ceremonies, newsletters. Step 5 Self Actualization needs (2%): Opportunities for training advancement, growth and creativity. Selection for cool training opportunities. Highest of the high. o Douglas McGregor: "Theory X vs Theory Y": Well-known. Focus on Theory Y Assumptions Theory X is only working to meet the physical need. Theory Y: People are willing to work and autonomysly. If given a project, their willing to be creative and come up with solutions. Presented in a different way. o David McClelland: "Theory of Needs": Amending Maslow's hierarchy of needs, doesn't apply to everyone and the things that you need to be motivated can also change over time. Something you may thing you need when you're 25 may change overtime. 3 categories: Need for achievement, Need for affiliation and Need for Power. AL

ADA Amendments Act of 2008: Bush

Shifts burden of proof to employer to prove that they didn't discriminate. Redefines "substantially limits" to "lower threshold". AL _____________________ - Shifts burden of proof to employer and redefines "substantially limits" to "lower threshold"

Civil Lawsuits

Specific organizations in a government as well as public employees are subject to lawsuits. Specific agencies within government gets sued. (waive protections because of public opinion so they'll waive the fact that they can't be sued). *Sovereign immunity: theoretically cannot be sued. Federal government waives immunity because of the 1946 Federal Torts Claims Act. If Federal Government consents to a lawsuit, not admitting wrong doing but will allow argument in court. * State Governments have sovereign immunity under Eleventh Amendment (unless waived or consents to lawsuit). * Local government have no immunity from civil lawsuits. Effects of lawsuits will affect you indirectly - no travel, no new supplies *As a government employee you can get sued. " Qualified immunity standards (limited protection) you were just doing your job. o Acted in good faith. Potentially liable if violate constitutional rights (torts): " Have to show "malice" and you had "callous disregard or indifference to the rights or safety of others" or "deprivation of rights". **Personal Liability Insurance - public safety, high risk community education field, **Courts = final arbitrator AL ________________________________ • Civil Lawsuits Against the Government - Federal Government has sovereign immunity (unless waived [e.g. 1946 Federal Torts Claims Act] or consents to lawsuit for civil wrong doing) - State Governments have sovereign immunity under Eleventh Amendment (unless waived or consents to lawsuit) - Local Governments have no immunity from civil lawsuits • Civil Lawsuits Against Public Employees - Qualified immunity standards (limited protection) • Acted in good faith - Potentially liable if violate constitutional rights (torts) • Must show "malice" and "callous disregard or indifference to the rights or safety of others" or "deprivation of rights"

Winter Commission of 1993

State and Local Levels Deregulation of government's personnel system (more flexible and less rule-bound). Also known as AT Will Employment (EAW). Lesson due-process. 1) Standard Exemption (protection) - illegal discrimination and retalliation Public Policy Exemption (protection) - Refusing to perform unlawful act (perjury), reporting a violation, 2) engaging in public interest acts (military service - national guard), exercising a statutory right (filing worker's comp) 3) Implied Contract Exemption (protection)- oral assurance from supervisor or employer rep. Handbook, policies, practices with written guidance on employment length (need written assurance) <<collective bargaining>> 4) Covenant of Good Faith - Termination made in bad faith or motivated by malice. AL ______________________________ State and Local Levels - Deregulation of government's personnel system (more flexible and less rule-bound) • Greater decentralization of the merit system; reduced reliance on written exams; rejection of the rule of three that limit managerial discretion; reduced weight to seniority and Veterans preference; reduced job classification; reduce due process for termination; greater portability of pensions; more flexibility on bonuses to work teams - 49 states +DC have embraced deregulation (employment-at-will) • Standard Exemptions (Federal law) • Public Policy Exemption (42 states plus DC adopted): HI (yes) • Implied Contract Exemption (41 states plus DC adopted): HI (yes) • Covenant of Good Faith Exemption (20 states adopted): HI (no) _____________________________________ BOOK NOTES: Not in Book.

Substantive Due Process Fifth (Feds) and Fourteenth (State and Local) Amendment McCarthy v. Philadelphia Civil Service Commission (1976): 6-0

Supreme Court ruled employer's residency standards did not violate personal liberties if need is demonstrated. Can mandate, can justify. Ex. Texas, needs to work in Texas b/c taxpayers pay your salary. AL _______________________________- • Supreme Court ruled employer's residency standards did not violate personal liberties if need is demonstrated

Privacy in the Workplace O'Connor v. Ortega (1987): 5-4

Supreme Court says they can go in your office and conduct a search b/c there is an administrative investigation going on. (mismanagement and so forth) Significant: 2 things came out of it Reasonable Expectations Standards 1) Does the employee have such an expectation 2) Would society think it's reasonable AL _______________________________ Supreme Court recognized public employees right to privacy of personal objects in their public offices (limited to only administrative searches by employers as part of a misconduct investigation) • Established "Reasonable Expectation Standards": 1) Does employee have such an expectation and 2) Is expectation one that society would accept as reasonable

Procedural Due Process Fifth (Feds) and Fourteenth (State and Local) Amendment Perry v. Sindermann (1972): 5-3

Supreme Court, your job is considered protectable property so it requires due process. All Federal and any state and local employees that are not EAW employees AL _______________________________ Supreme Court ruled that employment is a constitutional protectable property interest (thus requiring due process) as long as there are rules or an understanding of agreement

Freedom of Expression Givhan v. Western Line Consolidated School District (1979): 9-0

Supreme court ruled public employees can tell a lie but if it's done privately and not impacted outside it is covered by free speech. AL ________________________________ • Supreme Court ruled public employees do not forfeit First Amendment protection when communicating privately with employer rather than publicly

Freedom of Expression Waters v. Churchill (1994): 7-2

Take away = if you're going to discipline someone for something that they did (one of the 4 from Pickering), you can't just fire them, you have to do an internal investigation. AL ____________________________ Supreme Court revisited matters of speech and favors the rights of employers to discipline employees for disruptive speech not covered under First Amendment but employer must follow through on an investigation of the perceived disruptive speech in order to carry out said discipline

Freedom of Association First Amendment Elrod v. Burns (1976): 5-3

Takeaway: Can't fire them for political affiliation - further cements merit principle. AL ___________________________ • Cannot consider partisan affiliation when making staffing decisions in the public sector • Supreme Court ruled that though elected officials have the right to exercise patronage, it does not curtail First Amendment rights to freedom of association Freedom of association does not apply to "terrorist or subversive groups" as a result of Titles VII & VIII of the USA PATRIOT Act of 2001

Freedom of Expression Garcetti v. Ceballos (2010): 5-4

Takeaway: If you say something pursuant to your Government position, you do not have free speech. From a practical standpoint as an employee and as a supervisor what are the main things you're thinking about: Conscious, difference between pickering 4 for Union vs At Will. AL ______________________________ Supreme Court ruled that statements made pursuant to your public employee position has no First Amendment protection

Freedom of Association Rutan v. Republican Party of Illinois (1990): 5-4

Takeaway: unconstitutionality of patronage to other Any other HR issue (hiring, promotional, job transfers) also illegal to look at political affiliation. Freedom of association does not mean a member of a " terrorist group or subversive (member of an organization that wants to overthrow the government)" as a result of Titles VII &VIII of the USA PATRIOT Act of 2001 AL ________________________________ • Supreme Court extended unconstitutionality of patronage to other HR functions such as hiring, promotion, or transfer Freedom of association does not apply to "terrorist or subversive groups" as a result of Titles VII & VIII of the USA PATRIOT Act of 2001

Substantive Due Process Fifth (Feds) and Fourteenth (State and Local) Amendment Curtis Douglas v. Veterans Administration (1981)

This case was trying to determine if you can punish someone for off duty conduct. **MSPB (Merit System Protection Board) Court, yes, you can terminate someone for aoff duty conduct. If you're going to, you have to pay attention to the 12 factors "Douglas Factors": Nature/seriousness/intentional/malicious/repeated Job level. Public contact/prominence (visibility) Past disciplinary record Past work record Effect of offense on ability of job Standard application of punishment re: other employees Consistent with agency penalty guidelines Impact on agency reputation Previous warnings Potential for employee rehabilitation Previous warnings Potential for employee rehabilitation Mitigating circumstances Existence of sanctions to deter future conduct. AL _____________________________ MSPD established penalty criteria for off-duty misconduct ("The Douglas Factors") - Nature/seriousness/intentional/malicious/repeated - Job level/public contact/prominence - Past disciplinary record - Past work record - Effect of offense on ability to do job - Standard application of punishment re: other umployees - Consistent with agency penalty guidelines - Impact on agency reputation - Previous warnings - Potential for employee rehabilitation - Mitigating circumstances - Existence of sanctions to deter future conduct

Americans with Disabilities Act (ADA) of 1990: Bush

This law says you cannot discriminate against someone who is qualified. Even if they have a physical or mental disability, you cannot discriminate against them for hiring/promotion. Just like age discrimination. 8 out of 10 discrimination suits are on disabilities you can't see. If someone as a disability - 2 things Part 1 - employer has to provide reasonable accommodation as long as it doesn't impose undue hardship (budget, affect morale of entire organization). Contrary to what people might think, employers are not mind readers. Employee has to request an accommodation. Part 2 - Board of Trustees University of Alabama v. Garret (2001) Supreme court held that state employees cannot sue states for monetary damages but possibility for injunction relief. AL ___________________________ - Prohibits employment discrimination against qualified applicants with physical and mental disabilities or those who are chronically ill that "substantially limits" one or more major life activities - Prohibits compensation discrimination based on disability - Employers must provide "reasonable accommodation" that do not impose "undue hardship" - Board of Trustees University of Alabama v. Garrett (2001) 5-4: Supreme Court held that state employees cannot sue states for monetary damages (still possible for injunctive relief)

Case Law: Employee rights based on constitutional rights

US Constitution is vague- caselaw = courts have interpreted what the law is Case Law promotes Public Service Model 1. Employee's constitutional rights 2. Government's interests (employer's rights) 3. Public's interest AL

Government by Gentlemen: Guardian Period 1789-1829

Upper class, formally educated and military experience is selected for Civil Service. -Classical; traditional form AL _____________________________________ Government by Gentlemen: Guardian Period - Limited public policy capacity / few public servants - Upper class ruled the initial government of the US - Criteria was fitness of character (family background, formal education, honor, esteem, etc.) ____________________________________ BOOK NOTES: the initial public employment period—newly formed country required very little in the way of public servants. -public services were managed and staffed by a select few. -Vital public services—such as public works—were often left up to municipalities and the states. -founders in many ways espoused a general hostility toward bureaucracy and elites. -Those chosen for public service were seen as men of integrity, as "guardians" to be trusted with carrying out the public interest. Battaglio (p. 22).

Benefits

What have employers done to respond to these changes - BENEFITS Traditional "One Size Fits All" (1960's 1970s) Employer set paid time off, health and life insurance, retirement/pension plan Contemporary "Cafeteria Benefits Plan" -Choice of health care plans, life insurance, and retirement plans -Family/work programs (child care/elder care, family leave, etc) Health and wellness programs (stress reduction, wellness programs, allotted paid workout time, etc.) Employee assistance programs (counsel or referral services for alcohol/drug abuse, personal debt, domestic abuse, etc.) -Tuition assistance -Subsidized commuting -Relocation assistance AL ______________________ Traditional "One Size Fits All" - Employer-set paid time off, health and life insurance, retirement/pension plan • Contemporary "Cafeteria Benefits Plan" - Choice of health care plans, life insurance, and retirement plans - Family/work programs (child care, elder care, family leave, etc) - Health and wellness programs (stress reduction, wellness programs, allotted paid workout time, etc) - Employee assistance programs (counseling or referral services for alcohol/drug abuse, personal debt, domestic abuse, etc) - Tuition assistance - Subsidized commuting - Relocation assistance

Civil Rights Title VII of the Civil Rights Act of 1964: Johnson (Title VII Designates Employment; Creation of EEOC; 5 Protected Classes; Disparate Impact; BFOQ (Bona Fide Occupational Qualification)

When it comes to what was going on in our country, purpose was to do with unequal voter issues and school segregation. (95% of the civil rights act). Anything on employment is under Title VII. Have to be very specific and say Title VII of the civil rights act to designate employment. 1)Equal Employment Opportunity Commission - when it was created. No power, no teeth but could look in to an issue but couldn't investigate or inforce. 2) Cannot discriminate on these 5 protected classes: race, color, religion, national origin or gender. Disparate Treatment (intentionally treated differently due to) **Disparate Impact (indirectly exclude a protected group) -Griggs v. Duke Power Company (1971) - can't have a policy that indirectly goes against another one or excludes a certain group. Ex. Requirement = high school diploma but job is to shovel coal. Why? -Ricci v DeStefani (2009)- can't change a requirement after you establish it because that's also a disparate impact. Can't change the criteria to exclude a protected group. No minority or majority groups. Prohibits compensation (pay) discrimination based on race, color, religion Sex or national origin. Discrimination can be allowed if you have: Bona. Fide occupational qualification (BFOQ) (essential for the job). AL ________________________ - Created Equal Employment Opportunity Commission (EEOC) - Prohibits employment discrimination based on race, color, religion, national origin, or gender • Disparate Treatment (intentionally treated differently due to) • Disparate Impact (indirectly excludes protected group) - Griggs v. Duke Power Company (1971): 9-0 - Ricci v. DeStefano (2009): 5-4 - Prohibits compensation (pay) discrimination based on race, color, religion, sex, or national origin - Discrimination allowed if: • Bona fide occupational qualification (BFOQ) (essential for the job)

Paycheck Fairness Act (1997-2015)

Will it ever pass? (no state equivalent). 1) makes wages more transparent. 2) non-retaliation for disclosure of compensation 3) require employers to prove discrepancies are ties to legitimate business qualifications. Takes care of nongender factor AL

Generational Differences (Baby Boomers, Gen X, Gen Y or Millenials)

o Baby Boomers (born 1940-1964) " "Pay their dues" and "wait their turn". Loyalty. " Competitive just because of lack of management jobs. " Motivated by praise, money and position. o Generation X (born 1965-1980) " Have to enjoy what they're doing. " Autonomy o Generation Y or Millennials (1980-1997) well-traveled - open minded. " "Works to live" rather than "live to work" " Need to feel they are making a difference (public and nonprofit sector) " Far more demanding (they want to know why first); vetting. " Want fulfillment first -the top 2% right away. Big boss when you're 25. Not applicable to public sector. (Maslow's Hierarchy of Needs). " Not loyal to organization automatically but loyal to individuals. If they like their boss, that will keep them self-motivated. If that person leaves, they'll go with that person. AL

Motivation in Public Service Engaged and/or motivated employees are:

o Employees if they are happy will on their own be self-learners, trying to improve the process on their own, being more creative. o More committed o Conscientious o Concerned with achieving outcomes o Have less turnover o Enjoy they work leading to increased learning/effectiveness. AL _________________________ - More committed - Conscientious - Concerned with achieving outcomes - Have less turnover - Enjoy their work leading to increased learning/effectiveness

Contemporary Theories (3): Victor Vroom "Expectancy Theory", Edwin Locke and Gary Latham: "Goal Theory" and John Adams: "Equity Theory"

o Victor Vroom: "Expectancy Theory": Economist. Says that motivation is based on 3 things: Effort a person puts in to work and if they do this work they have an expectation to receive an award and what is the value perceived by that person. Based on those 3 things will determine how much motivation of the person. Best way is to figure out what the award is of value in order to motivate and get that effort put forth. - reserved parking. - time off of work (comp time) o Edwin Locke and Gary Latham: "Goal Theory" - employee that is motivated by achieving a goal, that may be a way to positively reinforce and keep them motivated. Manager has to provide constant feedback to monitor progress. FOCUS: o John Adams: "Equity Theory": Don't believe everyone should be equal, what I believe in, everyone has equal opportunity. Highly motivated folks should be awarded more. Created in 1978 when performance-based pay came about. This is the theory that justified why we do merit based or performance pay. If everyone doesn't do excellent work then not everyone should merit that pay. Most people like this theory.

• Equal Pay Act of 1963: Kennedy

precursor for discrimination under Civil Rights act of 1964. (Gender = protected under both). If job has to so with same skill, effort, responsibility, working conditions and establishments) 4 factors when it's allowed - 3 makes sense and 4th one is reason why we still have pay disparity 1 seniority - if you can argue someone has more experience than you can argue you can pay more to that person. 2 merit 0 something extra to the table. Min requirement for Bachelors. Someone comes in with a masters - more pay. Or someone comes in with more experience than the other new hire = justified. 3 piecework - set amount for one thing (teaching a class-paid for a specific item; it doesn't matter how long it takes you to prep. One set amount). 4 non-gender factor-basically gives an open door for employer to discriminate on pay. (ISSUE) States Equal Pay Laws (48 states includes HI) and DC AL ____________________________ Equal Pay Act of 1963: Kennedy - Prohibits pay differences on the basis of gender for equal work (e.g. same skill, effort, responsibility, working conditions, and establishment) • Affirmative Defenses: Seniority, merit, piecework, non-gender factor

Current Trends

• Changing workforce (generational) - Retiring Baby Boomers, Gen X, Millennials, Gen Z • Declining confidence in government • Declining budgets lead to alternate work arrangements - More contractors and part-time employees • Rightsizing and downsizing despite population growth • Demands for productivity gains without raising costs • Emerging virtual workplace/government • Demand for diversity and inclusion - Women, minorities, and same-sex/transgender equality

Equal Employment Opportunity Laws

• Civil Rights Laws - Title VII of the Civil Rights Act of 1964 - Equal Employment Opportunity Act of 1972 - Civil Rights Act of 1991 • Equal Pay Act of 1963 • Age Discrimination in Employment Act of 1967 • Americans with Disabilities Act of 1990 • LGBTQ Protection Laws

Current Reform Themes

• Decentralization - Transfer HR functions to lower level decision-makers • Declassification - Refining pay grades into broad job descriptions vice very specific job descriptions • Performance-Based Pay - Compensation tied to performance vice longevity or time-in-service • Deregulation - Eliminating personnel rules and regulations (due process) to expedite HR decisions with employment-at-will (EAW) • Privatization - Outsource HR functions to private and non-profit organizations