PHR: Workforce Planning and Employment

McKennon v. Nashville Banner Publishing Co.

-after-acquired evidence defense is not legal-->employer cannot justify termination of employee with info that they learned after termination of conduct that would have led to termination

Dodd-Frank Wall Street Reform and Consumer Protection Act

-amended Section 615 of FCRA -employers who take adverse action against employee based on info contained in consumer report have to provide notice of adverse action to employee along with the credit score that was used, range of credit scores possible, each of the factors that adversely affected the indiv. credit score, date the score was created and name of consumer reporting agency used

Pregnancy Discrimination Act of 1978

-amended Title VII to prohibit discrim. on basis of pregnancy, childbirth or related medical condition, treat pregnancy the same as any other temp disability

Immigration Act of 1990

-made changes to IRCA -prevailing wage be paid to H-1B immigrants to ensure that US citizens didn't lose jobs to lower-paid immigrants -restricted number of immigrant allowed under H-1B category to 65,000 annually and created more categories for employment visas

ADA Amendments Act of 2008

-make definition of disability consistent with how it was defined in Rehab Act -disability is physical or mental impairment that causes substantial limitation to one or more major life activity (general activites and major bodily functions), a record of an impairment, or indiv. who is considered impaired -except for glasses or contacts, mitigating measures like medicine, prosthetics, hearing aids, etc. may not be used to limit the definition of disability -indiv able to demonstrate that they were the subject of prohibited activities under the ADA are protected -EEOC makes rules and regulations and enforces -reverse discrimination: someone without disability cannot file claim to ADA when disabled receive favorable employment actions -most important part is that employer engage with disabled on requesting reasonable accommodation -most ADA charges filed for bad back, neurological impairment, emotional/psychological impairment, physical impairments affecting heart, vision and hearing -homosexuality, bisexuality, transvestitism and compulsive gambling are not impairments

Johnson v. Santa Clara County Transportation Agency

-male scored higher on selection test than a woman who got the job, Court endorsed using gender as one factor in the decision if underrepresentation is shown and the AAP is not a quota system-->employer can take voluntary affirmative action to remedy past discrim practices

external sourcing

-media sources -Internet job boards -social media -company websites -colleges -job fairs -former employees -previous applicants -employee referrals -vendor/suppliers: know culture and can refer -labor union -professional associations -employment agencies: retainer firms (really only used for exec positions, state agencies, outplacement firms -walk-ins -nontraditional: churches, prison inmates, welfare-to-work

assessment centers

-multiple tests designed to measure different aspects of the job, used to assess management potential, internal promotions, limited due to high cost

Executive Orders

-presidential proclamation when published in Federal Register become law after 30 days--> used to ensure equal employment by fed agencies and private businesses that contract or subcontract with those agencies, enforced by the OFCCP -EO 11246: prohibits employment discrim. on basis of race, creed, color, or national origin and requires affirmative steps be taken in advertising jobs, recruiting, employing, training, termination--> contractors and subcontractors with $10k contract, 50 or more employees with $50k contract to create and annually update AAP for women and minorities -EO 11375: amended 11246 to include sex -EO 11478: amended 11246 to include handicapped and people above 40 -EO 12138: National Womens Business Enterprise was created, required fed contractors/subcontractors to take affirmative steps to promote and support women -EO 13087: expanded coverage to include sexual orientation -EO 13152: coverage to status as a parent, those who must care for someone under 18 or older than 18 but can't care for themselves due to physical or mental disability -first level of EO compliance: prohibits employment discrim and requires contractors to take affirmative action in employment, applies to contracts totaling $10K or more in 12 months -second level: contractors with 50 or more employees who have contractors of $50k or more, written Affirmative Action Plan (AAP) be written in 120 days of organization of contract with OFCCP

Program Electronic Review Mgmt (PERM)

-process for obtaining labor certification, first stage of green card process for foreign nationals seeking permanent residence through employer -DOL processes requests to fill vacancies with foreign nationals only after employers affirm there are no American workers available, within 45-60 days

using electronic file storage

-system must have controls in place to maintain the integrity and accuracy of the records -must be maintained in reasonable order, and in a place where they can readily accessible -must be able to be converted into legible paper copy

Albemarle Paper v. Moody

-test validation must be in accordance with Uniform Guidelines on Employee Selection Procedures (show business necessity and valid predictor of success), test criteria must be tied to job requirement

Washington v. Davis

-tests that have adverse impact on protected class are lawful if they're valid predictors of success on job

job description

-typically written by HR, don't include percentage of time spent doing each job function -identifying info: title, dept, supervisor, FLSA exemption status, salary range -supervisory responsibilites -position summary: overview of job and purpose -essential functions: reason job exists and must be performed, must comply with ADA, level of complexity and frequency of tasks -nonessential functions -equipment operated -job specifications: minimum qualifications needed, education/licenses/certifications, comm skills, experiences, skills -physical requirements: must be related to essential job functions -mental requirements: for ADA -work environment -should review descriptions with performance appraisals, or when position is filled and then prior to recruitment for position

exit processes

-voluntary:if employee gave 72 hour notice, final payment of all wages due must be paid at time of departure, COBRA and HIPAA info

staffing needs analysis

-what work needs to be done and how many needed to do it--> this info forms the objective -collect data (seeks out KSAs needed to meet demands), identify gaps (compare current KSAs to future KSAs needed), analyze options (internal, external and alt staffing methods), implement solution (cost-benefit analysis), evaluate results

negligent hiring

-when employer knew or should have known about applicant's prior history that endangered customers, employees or vendors -prevent by conducting background checks, references with previous employers, verifying SSN, records from DMV, drug-test

affirmative action plans

-when employers make efforts to increase presence of women, minorities, covered veterans and disabled-->must be completed by gov contractors with 50 or more employees and contracts of $50k or more each year -components determined by OFCCP -org profile: how employees are placed in job titles (org chart or workforce analysis--> lists jobs from lowest to highest paid) -job group analysis: jobs into groups based on EEO-1 -most important aspect of plan is that you make good-faith effort, no set number required -placement of incumbents in job groups: list each job group with total number of incumbents, number of females and minorities in each group -determination of availability: shows how many minorities and women with the required skills are available externally and internally -comparison of incumbency to availability: chart that shows each job group with the percentage of female and minority incumbents compared to the availability -placement goals: required if comparison of incumbency to availability indicates that women and/or minorites are underrepresented in a job group, 80 percent rule -designation of responsibility for implementation: titles of employees with affirmative action responsibility and scope of responsibility -action-oriented programs: plan to handle the problem areas and timelines -periodic internal audits: how details will be monitored

types of validity

-whether test is measuring what its intended to - content validity: degree to which interview or test measures the knowledge, skills and abilities that are actually part of the job` - construct validity:whether a test measures the connection between candidate characteristics and successful performance on the job, measures abstract future behaviors -criterion validity:test predicts or correlates a behavior (predictive: test is validated if same results for tests at different periods of time; concurrent: measurement occurs at same time instead of over periods of time)

E-verify

-whole form must be completed within 3 days of hire but section 1 (employee section) must be completed no later than 1st day of employment

employer brand

attracts and retains employees especially in economic downturns -brand pillar: most important attributes -achievement of work environment awards (BPTW) -benchmarking: public recognition of mgmt practices -touchpoint mapping: critical interaction points -social media: large audience, cheap -virtual reality tours

Ricci v. DeStefano

employers may violate Title VII when they engage in race-conscious decision making to address adverse impact unless they can demonstrate a strong basis in evidence that had they not taken the action they would have been liable under a disparate impact theory

calculating cost per hire

(sum of external cost)+(sum of internal costs)/total number of hires in a time period (hiring manager's salary is most important factor)

Civil Rights Act of 1991

- remedies for intentional discrimination and unlawful harassment -places burden of proof for discrimination on complainant -punitive damages when employers engage in discri,. practices with malice or reckless indifference -excluded back-pay awards from comp damages -expanded Title VII to include congressional employees -job-relatedness and business necessity are defenses to disparate impact and if org can show that practice doesn't result in disparate impact it doesn't have to show the practice to be business necessity -business necessity is not a defense for intentional discrimination -expanded to include foreign operations of American businesses unless it violates host country's laws -limits for total punitive and compensatory damages: 15-100 employees-> $50k, 101-100->$100K, 201-500-> $200k, 501+ ->$300K -jury trials allowed in cases where plaintiff seeks compensatory or punitive damages

Regents of the University of California v. Bakke

-admissions plan that guaranteed a certain number of seats to minority applicants, colleges and universities could consider race as one of the factors in the admissions process

Trade Adjustment Assistance (TAA)

-Congress created to assist workers who lose their jobs as the result of an increase in imported goods, -eligibility requires 3 or more workers to submit app to DOL Division of TAA--> workers must have been laid off or had their hour and pay decreased by 20 percent or more, employers sales/production levels must have declined, loss of jobs must be due in large part to increased goods -if eligible, can apply for services and benefits that are available at One-stop service centers established by WIA

Smith v Jackson, Mississippi

-Court ruled that ADEA authorizes recovery on disparate impact theory (race, color, sex, religion, national origin, similar to Title VII, but narrower--> employer must show that policy or practice was consistent with business necessity and there was no other way for employer to achieve goals, only has to show practice was based on reasonable factors other than age)

Vietnam Era Veteran's Readjustment Assistance Act of 1974 (VEVRAA)

-EEO and affirmative action protection for veterans of the Vietnam War, enforced by OFCCP -applies to federal contractors/subcontractors with contracts of $25k or more -requires fed contractors to list all job openings with state employment agencies unless they are senior-level mgmt positions, positions that are filled within, or positions lasting 3 days or less -state employment agencies must give priority to veterans when providing referrals to the openings - fed contractors and subcontractors must complie report annually of number of current employees who are covered veterans -served active duty between 8/5/64-5/7/75 -additional protection for special disabled veterans who have disabilities rated at 10, 20 or 30 or more percent who are entitled to comp from VA

amendments to Title VII

-Equal Employment Opportunity Act of 1972: provides litigation authority to EEOC if acceptable conciliation agreement can't be reached, can sue nongovernmental entities, extended coverage to educational institutions, state and local governments and federal government, changed number of employees needed to be subject to Title VII from 25 to 15 and had to keep records of unlawful employment practices, employers must be notified within 10 days of charge filed and findings issued in 120 days, can sue if agreement not reached in 30 days, whistleblower protection and retaliation protection -Pregnancy Discrimination Act of 1978: discrim. of women during pregancy, childbirth or related medical condition is unlawful

employment visas (nonimmigrant)

-H-1B: most commonly sought by employers, highly skilled foreign workers, US employer petitions on -behalf of indiv., stay for up to 3 years but can extend to no more than 6 --> approval of Labor Condition Application is first step, have to pay H-1B worker at the least the higher of the wage paid to similar workers, recruitment of H-1B worker won't adversely impact US residents in similar jobs, no strike or lockout while the LCA is submitted, LCA must be posted in two locations for at least 10 days - H-1C (nurses), H-2A (temp agricultural worker), H-2B (temp worker), H-3 (trainee), J-1 (visas for exchange visitors), L-1A (executive, managerial), L-1B (specialized knowledge), L-2 (spouse or child of L-1), O-1 (extraordinary ability in sciences, arts, education), P-1 (indiv./team athletes, entertainment groups), P-2 (artists), R-1 (religious workers), TN (trade visas for Canadians and Mexicans)

harassment cases

-Meritor Savings Bank v. Vinson: sexual harassment violates Title VII regardless of type -Harris v. Forklift Systems: plaintiff does not have to prove concrete psychological harm to establish a Title VII violation -Oncale v Sundowner Offshore Service: same-sex harassment is covered under Title VII, harassment must be because of sex to be actionable (doesn't specify sexual orientation) -Faragher v City of Boca Raton: distinguished between supervisor harassment that results in tangible employment action such as termination or demotion (employer is always liable) or harassment that doesn't result in adverse action (employer can establish affirmative defense) -Pennsylvania State Police v. Suders: if supervisor's official act of harassment precipitates the constructive discharge, employer cannot use the affirmative defense created in Faragher/Ellerth-->employer can defend on grounds that employee did not give it the opportunity to solve the problem before the employee quit

Privacy Act (1974)

-Protects the employment records of fed. gov. employees from disclosure without prior written authorization

United Steelworkers v. Weber

-Weber charged reverse discrim. when he was denied admission to a training program even though he had more seniority than African Americans in program

labor market analysis

-ability of the org to hire who it needs for goals - economic indicators: bureau of labor statistics (BLS) has data on unemployment rate, demographics and wages by area, Job Openings and Labor Turnover Survey (JOLTS) -industry activity: new competitors in market, new products in market -labor market categories: geographic (labor market can be local, regional, national), technical/professional skills (people with specialized skills), education

Kolstad v. American Dental Association

-addressed punitive damages authorized by CRA, availability of punitive damages depends on motive of discriminator rather than nature of conduct--> employee must prove that employer acted with malice or reckless intent/indifference -safe harbor: employer may not be liable for discrim. employment decisions of managerial agents where these decisions are contrary to employer's good faith efforts to comply with Title VII -punitive damages not possible against gov, unit or agency under federal law

Worker Adjustment and Retraining Notification act of 1988 (WARN)

-administered by DOL, to protect workers in event of mass layoff or closing -requires 60 days advanced notice be given to workers or their union representatives -employers with 100 full time or 100 more full and part time employees who work aggregate of 4000 hours or more a week are subject (count include those on temp leave or layoff with reasonable expectation of recall) -mass layoff: 500 employees are laid off or 33 percent of workforce and at least 50 employees are laid off -plant closing: 50 or more full time employees lose jobs because a single facility shuts down -notice must be given to all affected employees, representatives, chief elected official of local gov and state dislocated workers unit -notice not required: faltering company (plant closures where company is actively seeking addtl funding and notice would negatively affect the ability of the company to obtain funding), unforeseeable business circumstance (plant closings and mass layoffs when circumstances take a sudden and unexpected negative change that was not reasonable predicted), natural disaster -Gross v Hale-Halsell Co: established unforeseeable business circumstance, had to give as much notice as was possible

Fair and Accurate Credit Transaction Act

-amendment to FCRA -protection from employers who use third party for reports, they do not need to follow the consent and disclosure requirements if investigation involves suspected misconduct, violation of law or policy - established protection for consumers from identity theft, employers must dispose of consumer reports properly--> paper docs shredded , electronic files erased, or either can be destroyed by third party

preemployment inquiries

-any background check conducted by third-party is considered a consumer report and is subject to Fair Credit Reporting Act (FCRA)--> when employees conduct their own it is not subject to this -employment information: from previous employer, as long as info is factual and given in good faith it is qualifiedly privileged and protects the employer from legal action -education -financial: generally only when handling large amounts of cash in job , must be shown to be job-related and valid predictor of success

Uniform Guidelines on Employee Selection Procedures

-any selection tool that has adverse impact on protected class is discrim. unless employer can prove that tool is both job-related and predictor of success in position--> if there is more than one selection tool and one does not cause adverse impact it must use that one, use categories of EEO-1 to determine -assist employers with complying with Title VII and EO 11246 -adverse impact occurs when selection rate for protected class is less than 4/5th or 80% of the selection rate for the group with the highest selection rate -for each group, divide number of applicants hired by total number of applicants, multiply the highest selection rate by 80%, then compare and if the one multiplied by 80% is higher than adverse impact against the other has occured -if it has occured: abandon the procedure, analyze more rigorously, modify the procedure to eliminate the adverse impace, validate the job-relatedness, justify as business necessity

ADEA waiver of rights

-any waiver of rights must be specifically written with requirements, valid only if valuable consideration (usually payment) is exchanged and has advice to consult with attorney before signing agreement, period of not less than 21 days to review and consider agreement (45 days if during RIF), period of no less than 7 days during which the agreement may be revoked -addtl requirements needed for waivers in connection with exit incentives or other term programs-->reduction in force or layoff that involves more than one employee, must provide protected individuals with no less than 45 days to consider the agreement and a list of the eligibility factors for the group or individuals affected by employment action and a list of the job titles and ages of all individuals participating in the program as well as those who weren't selected for the program

Immigration Reform and Control Act (IRCA) 1986

-applies to businesses with four or more employees and made it illegal to knowingly hire or continue to employ indiv. who weren't legally authorized to work in the US, immigration-related offenses were defined as discrim. on basis of national origin or citizenship status -required to complete Form I-9 within 3 days of hire for all employees, must keep on file for 3 years from date of hire or 1 year after date of termination whichever is later-->employers complying in good faith with these requirements have affirmative defense to inadvertently hiring and unauthorized alien -failure to maintain Form I-9 is fines of not less than $110 or more than $1100 for each employee without form available upon request -fines: 1st, not less than $375 or more than $3200, 2nd, not less than $3200 or more than $6500, 3rd, not less than $4300 or more than $16,000 -employers who knowingly hire unauthorized workers are subject to $3200 per employee or 6 months imprisonment

interviewer bias

-average/central tendancy: difficulty rating who is best and rates them all the same -contrast: compare candidates to each other -cultural noise:candidates give answers to questions that are what they interviewer wants to hear -first impression -gut feeling -halo effect: interviewer thinks highly of candidate based on one good quality -harshness/horn effect: interviewer thinks negatively of candidate based on one thing -knowledge of predictor: interviewer knows that candidate scored high or low on assessment test that is predictor of success -leniency -negative emphasis: interviewer allows small amount of negative info to outweigh positive - nonverbal bias: interviewer is influenced by body language -question inconsistency: interviewer asks different questions to candidates, no baseline for comparison -recency: interviewer recalls most recently interviewed candidates than earlier ones -similar-to-me: candidate has interests similar to interviewer, looks past negatives -stereotyping

Americans with Disabilities Act of 1990

-based on Rehab Act of 1973 and extended protected-class status to qualified persons with disabilities, covered entities as employment agencies, unions, joint labor-mgmt committees and employers with 15 or more employees (fed gov and 501(c) private-membership clubs are excluded), prohibits discrim. in job application procedures, hiring, advancement or discharge of employees, comp, training or other conditions of employment -can perform essential functions (job exists to perform function, highly specialized function) of job with or without reasonable accommodation -employers must make reasonable accommodations to help those with disabilities (accessible facilities, adjustment of position requirements) unless they impose undue hardship/excessive burden on employers (look at cost, financials of org and size of org)

types of interviews

-behavioral: past behavior is best predictor of future behavior, describe how they handled past situations, determine depth of experience -directive: guided by interviewer with set list of questions for all candidates -nondirective: interviewer asks broad questions and candidate guides conversation, difficult to ensure consistency throughout interviews -patterned: asks questions related to specific parts of job -panel -structured: list of questions used for all candidates -stress: subjects candidates to stressful situations to see how they will handle stress

exceptions to Title VII

-bona fide occupational qualification: religion, sex, or national origin is reasonably necessary to normal operation -bona fide seniority systems -work-related requirement: employer may defend against disparate impact if something is job-related and required by business necessity - educational institutes not subject -religious orgs can give preference to those in that religion -Indian reservations may give preference to Native Americans living on or near reservation -affirmative action plans

Immigration and Nationality Act (INA) of 1952

-enforced by US Citizenship and Immigration Services (USCIS), part of DHS -amendment of 1965 eliminated national origin, race and ancestry as bars to immigration and changed allocation of immigrant visas to a first-come first-served basis

metrics

-business impact measures:employee productivity is key measure, divide total output by number of employees -accession rate:measures number of new employees against number of total employees, divide total number of new employees by number of employees at end of previous measurement period -quality of hire -cost per hire: divide total costs by number of hires for the measurement period -time to hire: when job was posted to when someone accepted -replacement cost: can be 300% of annual salary for the position -turnover: most common, divide average number of total employees by number of employees who exited the org

qualified medical exam

-can require exam only if it is job-related and consistent with business necessity and only after an offer of employment has been made -if employee is already on the job, can only do medical exams to determine fitness for duty

employment offers

-common law concept of employment at will, employment can be ended at any time by either party -offer should be completed immediately after verbal acceptance, contains any terms and contingencies of offer, salary should be stated in hourly or monthly amount -employment contract: binds both parties to agreement, generally reserved for senior-level managers and professionals (doctors, teachers) -terms and conditions of employment -scope of duties -compensation -benefits and expense reimbursement -nondisclosure of proprietary info: noncompete info, confidentiality -nonsolicitation agreement: -advice of counsel -disability or death: what happens in event of disability or death of employee -termination clause: conditions that would lead to termination -change of control: protects employees job and comp if restructuring, merger occurs for certain period of time

terminations

-constructive discharge: employer makes conditions so unbearable that employee had to resign--> test is whether a reasonable person in the employee's place would have felt forced to resign -retaliatory discharge:employer punishing employee for engaging in protected activity -->employee must prove that there is a casual connection between the employer action and the protected activity -coercion: employee involuntarily took retirement because they were offered choice of early retirement, demotion or dismissal they may sue employer for coercion

Griggs v Duke Power Co.

-discrimination doesn't have to be intentional to exist and it's up to employer to prove that job requirements are related to the job, employment practices can be illegal even when applied to all employees

layoff decisions

-document the business reason for the decision clearly and unambiguously to ensure that there was no disparate imapct -severance: must be consistent and based on rationale, can be based on seniority, employee class, etc. -outplacement services:

St. Mary's Honor Center v. Hicks

-employee makes prima facie case against employer, but employer articulated nondiscrim. reason, employee can still win if they can show that employer lied to cover up illegal discrim. (it is not enough to prove that they lied, they must show that they lied to cover up act)

EEOC complaint process

-employee to file charge with EEOC or state agency -claim under Title VII must be filed within 180 days of practice (in states with their own agencies, must be filed within 300 days) -EEOC sends letter to accused and includes copy of charge and asks for further info from employer--> employer can attempt to settle prior to giving out any info -EEOC reviews charge, typically responds in 120 days but it not required -if EEOC doesn't find reasonable cause, it notifies both parties and charging party can sue within 90 days -if there is reasonable cause, EEOC works with employer to find solution or they can litigate the case on behalf of employee -if they do not make a determination, charging party can request a right to sue letter after 180 days and must file suit within 90 days

harassment

-employers are accountable for all forms of harassment and unlawful discrim. -harassment if its a term of employment, submission or rejection to conduct is basis of employment decisions, interferes with work performance or creates hostile envirn. -two types: quid pro quo ( this for that) or hostile environment (so severe it affects indiv.'s performance) -avoid charges: have a policy in place, complaint procedure, training, corrective action

testing candidates

-employment tests must be job-related and valid predictors of success -aptitude test: measure knowledge and ability to apply skills in certain areas -cognitive ability test: ability to analyze and solve problems and draw conclusions from facts, potential for learning, thinking and remembering -personality test: how candidate will fit into specific job -integrity test: assess work ethic, attitudes towards theft and drug use, doesn't create adverse impact if it is given to all candidates, major worry is invasion of privacy -psychomotor assessment: coordination and manual dexterity - physical assessment: physically capable of performing job duties

Fair Credit Reporting Act

-enforced by Federal Trade Commission (FTC) -requires employers to take certain actions prior to the use of consumer report or an investigative consumer report obtained through consumer reporting agency for use in making employment decisions -employer must provide disclosure to candidate the consumer report may be used -candidate must supply written authorization for report -before taking adverse action, employer must either provide candidate with copy of report and copy of the FTC notice or if app made by mail, phone and computer then employer must notify candidate within 3 days that adverse business action as been taken, must state the consumer reporting agency is not responsible for adverse action -candidates must be advised of their right to dispute the accuracy of the info obtained in the report -when employer attempts to obtain investigative consumer report it must: provide written disclosure of its intent to candidate within 3 days of requesting report from CRA, include a summary of candidate's FCRA rights with the written notice, advise the candidate that they have the right to request info about the type and extent of the investigation, if requested provide complete disclosure of the type and extent of the report within the period of 5 days of the request

strategic workforce planning

-ensure that qualified employees are available when needed -workforce goals and obj that forecast future needs -job analysis and description that looks at KSAs needed to meet future needs -look at current workforce for qualified employees -translating goals and obj into staffing plans -reengineering: may eliminated jobs in some areas and add in others - corporate restructuring: eliminate redundancy, reducing workforce or reassigning employees - mergers & acquisitions: combine or eliminate jobs -divestitures: eliminating jobs or transferring employees to new operating unit -offshoring/outsourcing: workforce reduction or transfer to other job, terminated from org and hired by new offshore company - workforce expansion/reduction **supply analysis, demand analysis, gap analysis, solution analysis

corporate management compliance evaluation

-ensure that qualified women and minorities do not encounter barriers to future advancement to mid-level or senior corporate mgmt (glass ceiling review/audit) -contractors obligation to make good-faith efforts -conducted by OFCCP

Rehabilitation Act of 1973

-federal contractors, subcontractors and agencies -expand opp. for people with physical/mental disability -applies to agencies of fed gov and fed contractors with contracts of $10K or more during 12 month period -Section 501: employment discrim., enforced by EEOC -Section 505: remedies for those affected by unlawful employment action -Section 503: indiv. with disabilities who think a federal contractor has violated requirements of Rehab Act may also file complaints with DOL through Office of Federal Contract Compliance Programs (OFCCP) -School Board of Naasau v. Arline expanded act to cover contagious diseases

job analysis

-focuses on job, not the person -identify KSAs needed to achieve goals: knowledge (body of necessary info), skills (level of proficiency), abilities (capabilities necessary) -look at job context (purpose of the job), job content (duties), job specifications (KSAs), performance criteria (desired behaviors) -do job analysis by: observation of person performing job, interview, open-ended questionnaire, work diary/log -outcomes of job analysis: produce job descriptions (requirements of job, title, location, duties, working conditions) and job specifications (education, experiences, training, judgment) -job analysis helps with org design, recruitment/selection, comp, performance standards, career paths/succession planning, training, promotion/retention, AAP, ADA requirements, invol terms, workers comp

Immigration and Nationality Act (INA)

-fundamental body of US immigration law, applies to all employers, defines the conditions for temp and permanent employment of aliens in US -alien: lacking citizenship or status as a national of the US-->resident and nonresident, immigrant and nonimmigrant, documented and undocumented -INA eliminated all race-based quotas and replaced them with purely nationality-based quotas-->created Immigration and Naturalization Service (INS) to enforce the quotas for entry into US

onboarding

-general intro to orgi (HR) and job-specific training (hiring manager) -orientation: paperwork completion, compliance training, intro to policies and procedures, tour of facility -onboarding: integrate employees into new work environment , reduce the length of time for new employees to become productive team members -long term onboarding activity is socialization or peer mentor programs

employer defenses against litigation

-have internal complaint resolution process -review employee handbook -document all disciplinary actions -conduct exit interviews and take notes

employment visas (immigrant)

-immigrant (green card, permanent) or nonimmigrant (temporary) -immigrant visas: first preference/EB-1 (employers do not need to test the US labor market to determine there are no minimally qualified US workers for these jobs-->major recognition in their field, outstanding professors), second preference/EB-2 (employers must test US labor market through a labor certification app to determine if there are minimally qualified US workers for the job-->professionals with advanced degrees), third preference/EB-3 (jobs that require at least a bachelors degree or skilled worker positions that require at least two years of training-->professional, skilled worker)

McDonnell Douglas Corp v. Green

-indiv. can show a prima facie (on first view/employer must articulate legitimate and nondiscrim. reason) case of disparate treatment in a hiring situation if they can demonstrate that they belong to a racial minority or protected group-->applied for a job that that employer was seeking applicants for, were rejected despite being qualified, and yet the employer kept looking for people with their qualifications

recruitment

-internal: mgmt can evaluate candidates over time to see if they are fit for promotion, opp for promotion will create high level of perf, investing in employees increases morale (disadv--> those who havent gotten promotions will have low morale, competition for promotion can put stress on teamwork, may lack diversity, reduced recruitment costs will be offset by increased training costs) -external: brings new ideas, more cost-effective to hire highly specialized person than to train someone, diversity, urgent need (disadv. current employees missed for promotion will have lower morale, how will someone outside fit into team, unknown in how they do their work -alternative staffing methods: telecommuting (reduce overhead costs and traffic, main concern is maintaining confidential info), job sharing (two people share one full-time position), part-time (need particular skills on ongoing but not full-time basis), internships, temp workers (traditional: employed by agency and send them to work site; on call: employed by org, available on short notice; payrolling: allows the org to refer someone to an agency that they want to hire, agency hires and provides payroll/tax services; seasonal: hired only at high-peak times), contract workers (independent contractors: self-employed who work on project or fee basis; contingent workforce: non-traditional workers like part-time and seasonal, employment agencies or brokers will act as employer of record on behalf or contract workers and providing payroll, benefits), professional employer organization/PEO (PEO becomes employer of record and leases employees back to org, full service), outsourcing

internal sourcing

-job posting: brief description of job, duties, salary; can post on bulletin board, intranet, newsletter, memo -job bidding: employees can express interest in position before its available, placed in inventory system and considered when position is available, typically found in union environments -use skill inventory/bank system -employee referrals: can boost morale, reduce turnover and speed up hiring timelines

Consumer Credit Protection Act (1968)

-limits the amount of wages that can be garnished or withheld in any one week by an employer, limit is 25% of disposable pay -prohibits employers from terminating employee for one single indebtedness

Genetic Information Nondiscrimination Act of 2008 (GINA)

-prohibits discrim. against indiv. on the basis of their genetic info in employment and health insurance -unlawful for employers to request, require or purchase genetic information, but not penalized for obtaining in inadvertent way (can obtain for wellness programs only if employees sign written authorization) -may request info for FMLA or if federal or state laws require employers do genetic monitoring of employees for biological effects from toxic substances in the workplace, but only if employee gives written consent, inadvertent knowledge of info (overheard convo), employer purchases publicly available documents without intent of searching for this info -Title 1 (use of genetic info in health insurance, enforced by DOL, Health and Human Services and Treasury), Title 2 (dealing with genetic discrim. in employment, applies to private employers with 15 or more employees, employment agencies, labor unions)

Age Discrimination in Employment Act of 1967

-prohibits discrim. in employment against persons age 40 or older -promote older employees based on their ability rather than age, discrimination against people 40 or older in hiring, job assignments, training, promotion, comp, benefits, termination or conditions of employment -applies to private businesses, unions, employment agencies, state and local gov with more than 20 employees -instead of punitive damages, provides for doubling back pay damages awarded by the jury for willful violation -ERISA has barred plans from reducing or stopping retirement benefit accruals who work past normal retirement age -exceptions: BFOQs that are reasonably necessary for business operations, hiring of firefighters or police officers by state or local gov, retirement of employees age 65 or older who have been in exec positions for at least 2 years and are eligible for retirement benefits of at least $44,000 per year, retirement of tenured employees of institutions of higher education at age 70, discharge or discipline for just cause -file claim with EEOC or with state equal employment agency (states with FEPA must file within 300 days of charge, states without FEPA must file within 180 days), if EEOC doesn't file civil suit or enter into conciliation agreement within 180 days the complainant can file a civil suit within 90 days of the notification

Employee Polygraph Protection Act of 1988

-prohibits private employers from using polygraph tests in making employment decisions, does not apply to federal, state or local governments and is administered by Wage and Hour Division of DOL -fines of up to $10k -allows polygraphs: fed contractors/subcontractors with national defense, national security or FBI; prospective employees of armored car or security service; prospective employees who would have access to pharmaceutical products, during an ongoing investigation of economic loss to employer -may only be administered by licensed people in that state

Uniformed Services Employment and Reemployment Rights Act (USERRA)

-protect the civilian employment, reemployment and retention rights of persons who voluntarily or involuntarily serve or have served in uniformed services

Title VII of Civil Rights Act of 1964

-protected classes and unlawful employment practices -protected classes: race, color, religion, national origin and sex -unlawful employment practices: disparate treatment or impact--> discrim. recruiting/selection/hiring, discrim. comp/benefits, discrim. training, discrim. practices in any other terms or conditions of employment -law created the EEOC (Equal Employment Opportunity Commission) as enforcement agency -state and local laws have expanded to include sexual orientation, marital status, weight or public status -prohibits sexual harassment and harassment (remedy by having policy and internal complaint procedure)

recruiting strategies

-recruiting: creating interest for positions -sourcing: names of potential candidates in active and passive markets -employer brands: want your employees to be ambassadors of brand, must identify unique elements or org, values important to org, accurate brand message describes what it would be like to work there, influences retention, use survey to gather info on how employees view org -total reward packages: ability to attract qualified candidates, leading the market and paying a premium for good candidates

Privacy Act of 1974

-regulate the amount and type of info collected by federal agencies and how it is stored, requires written authorization from indiv. prior to releasing info, doesn't apply to private employers -provides indiv. with the right to know what kind of info is being collected about them, how its used and maintained and whether its disseminated, they can obtain info, review it and request amendments to incorrect data -damages: reimbursement of attorney fees, litigation costs and fines for actual damages up to $1000 paid by fed gov.

Congressional Accountability Act (1995)

-requires that federal employee relations legislation enacted by Congress apply to employees of Congress as well--> FLSA, Title VII and amendment, OSHA, ADA, FMLA, Civil Service Reform Act, ADEA, Employee Polygraph Protection, WARN, Rehab Act, Veterans Reemployment Act

Lilly Ledbetter Fair Pay Act

-rolling timeframe for filing wage discrimination claims, 180/300-day time frame but clock renews each time employee receives comp that is discrim. (180 days for states that don't have fair employment agency), statute of limitations starts over each time as well -amends Title VII of CRA, Title 1 and Section 503 of ADA, Sections 501 and 504 of Rehab Act and ADEA

Taxman v. Board of Education of Piscataway

-school laid off white teacher and retained equally qualified black colleague because of race, was not remedying past racial discrim-->ruled that nonremedial AAPs cannot form basis for deviating from antidiscrim. mandate of Title VII

interview strategy

-select interview team: HR to work with line managers to ensure appropriate people are involved with interview -hold pre-interview strategy meeting: hiring manager will discussed what will be required of a successful candidate, HR to provide support in interview formation -complete candidate eval form: list of topics to cover during interview -conduct interview: read over resume or app, always end with next steps -eval candidates

Immigration Reform and and Control Act

-services offered by INS transferred to Homeland Security and USCIS - IRCA prohibits discrim. against job applicants on the basis of national origin or citizenship and establishes penalties for hiring illegal aliens (use E-verify to verify identity and right to work in US)

General Dynamics Land Systems Inv v. Cline

ADEA does not protect younger workers (even older than 40) from workplace decisions that favor older workers

Workforce Investment Act (WIA)

DOL and Congress, job training program designed to improve worker skills, have One-stop service-delivery centers -3 goals: improve workforce quality, enhance national productivity and competitive ability, reduce reliance on welfare

EEO Survey

EEO-1 must be filed every year before 9/30 using employment data from pay periods in July, August or September of that year, required for private employers subject to Title VII with 100 or more employees and all fed contractors or subcontractors with more than 50 employees wth contracts of $50k or more, are depositories of gov funds or are financial institutions issuing and paying US savings bonds and notes - excluded: state and local gov, primary and secondary school systems, institutions of higher education, Indian tribes -reports: HQ, locations with 50 or more employees, locations with fewer than 50 employees, consolidated report -race and ethnicity categories: Hispanic or Latino, White, Black, Native Hawaiian or Pacific Islander, Asian, American Indian or Alaska Native, Two or more races -employees should self-identify but if not, employer can make good-faith selection -job categories: exec/senior level officials, first/mid-level officials, professionals, technicians, sales workers, admin, craft workers, operatives, laborers and helpers, service workers -report total number of male and female according to ethnicity and race and job

in-box test

candidates receive number of documents describing problems that would be handled by person in position, have to prioritize them or describe how they should be handled

Grutter v Bollinger and Gratz v. Bollinger

colleges can make race a factor in admissions, challeneged by nonminority students

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996

reduced the number and types of documents allowed to prove identity, employment eligibility or both in the hiring process and establish pilot programs for verification of employment eligibility

screening tools

resumes: first step but not valid predictor of success -employment application: considered employment test by EEOC, make sure questions are job-related and valid predictor of success, inclusion of signed statement that everything provided on app is true and complete -short-form: forms from 1-5 pages, useful for internal transfers and promotions, prescreening and for jobs with minimal skill requirements -long-form: more space for info related to job requirements -job-specific: hiring for many similar positions (teaching, scientific careers) -weighted: aspects of job hat are more important are weighted more than less critical requirements, reduce bias but expensive to maintain -screening interviews: who will be forwarded to the hiring manager, short, 15-30 minutes