HRM Quiz #3

Sensitivity Training

"Sensitizes" people to differences and how words and behaviors are seen by others.

Illegal discrimination in employment-related situations when either:

(1) Different standards are used to judge different individuals, or (2) The same standard is used, but it is not related to the individuals' jobs.

Employment "Test"

- Any employment procedure used as the basis for making an employment-related decision. - Must have both reliability and job-related validity.

AAP Measures

- Availability analysis - Utilization analysis

Types of Structured Interviews

- Biographical Interview - Behavioral Interview - Competency Interview - Situational Interview

Ability Tests Aptitude and Achievement

- Cognitive Ability Tests - Psychomotor Tests - Situational Judgment Tests - Assessment Centers - Work Sample Tests - Physical Ability Tests

Masculine Communication Styles

- Direct - Results Matter - Interruptions are teamwork - Apologies are weak

The "business case" for diversity can be argued based on the following points:

- Diversity allows new talent and new ideas from employees of different backgrounds. - Diversity helps recruiting and retention, as people tend to prefer to work with others "like" themselves. - Diversity allows for an increase of market share, as customers tend to prefer to buy from people of the same race or ethnic background. - Diversity leads to lower costs because there may be fewer lawsuits.

Risks of Negligent Hiring and Retention

- Due diligence: investigating an applicant's background to avoid suits for actions of the employee. - Obtaining signed releases from applicants is necessary to avoid problems with privacy issues.

Equal Employment Opportunity Commission

- EEOC is the enforcement authority for EEO laws. - Composed of five members appointed by the President and confirmed by the Senate. - Members (limited to no more than three from the same political party) serve seven year terms.

Giving References on Former Employees

- Employers can incur a civil liability for statements made about former employees. - Employers can incur liability for lack of statements made about former employees. - Employers have adopted policies restricting the release of reference information to name, employment dates, and job title.

Office of Federal Contract Compliance (OFFCP)

- Ensures that federal contractors have nondiscriminatory practices and take affirmative action to overcome the effects of past discrimination.

Breaking the Glass

- Establishing mentoring programs - Providing career rotation - Increasing top management and boardroom diversity - Establishing goals for diversity - Allowing for alternative work arrangements

Job Offer Guidelines

- Formalize the offer with a letter to the applicant clearly stating the terms and conditions of employment. - Avoid vague, general statements and promises. - Require return of a signed acceptance of the offer

Feminine Communication Styles

- Indirect - Relationships Matter - Conflict Avoidance - "Nice" - Interruptions are power plays - Apologies are frequent as signs of showing empathy

Affirmative Action Is No Longer Needed

- It penalizes individuals (males and whites) even though they have not been guilty of practicing discrimination. - It creates preferences of certain groups that result in reverse discrimination. - It results in greater polarization and separatism along gender and racial lines. - It stigmatizes those it is designed to help. - Goals become quotas by forcing employers to "play by the numbers."

Three Components of Diversity Training

- Legal Awareness Training - Cultural Awareness Training - Sensitivity Training

Applications should not contain illegal (nonjob-related) questions concerning:

- Marital status - Height/weight - Number and ages of dependents - Information on spouse - Date of high school graduation - Contact in case of emergency

Personality Tests

- Minnesota Multiphasic Personality Inventory (MMPI) - Myers-Briggs -"Fakability" and personality tests - Explains very little about actual job outcomes.

Types of Less Structured Interviews

- Nondirective Interview - Stress Interviews

Executive Orders

- Orders issued by the President of the United States to provide direction to government departments on a specific area. - Office of Federal Contract Compliance (OFCCP) in the Department of Labor enforces these presidential orders.

Conducting an Effective Interview

- Planning the interview - Controlling the interview - Using effective questioning techniques

Sources of Background Information

- Previous-employment records - Criminal records - Drug tests - Education/degree documentation - Professional certifications/licenses - Motor vehicle records - Credit history - Honesty tests - Social Security number - Sex offenders lists - Worker's compensation records - Military records

Immigration Reform and Control Act (IRCA)

- Prohibits employment discrimination against persons legally permitted to work in the United States. - Requires employers to document (I-9 form) eligibility for employment. - Provides penalties for knowingly employing illegal workers.

American With Disabilities Act (ADA)

- Prohibits pre-employment medical exams - Prohibits rejecting persons for disabilities or asking disability-related questions until after a conditional job offer is made.

Backlash Against Diversity Efforts

- Protected-group individuals view diversity efforts as inadequate—"corporate public relations. - Nonprotected-group individuals feel like scapegoats

Purposes of Applications

- Record of applicant's interest in the job - Provides a profile of the applicant - Basic record for applicants who are hired - Research effectiveness of the selection process

Fair Credit Reporting Act

- Requires disclosure of a credit check - Requires written consent of applicant - Requires copy of report be given to the applicant

Resumes as Applications

- Resumes are applications for EEO purposes. - Resumes should be retained for at least three years.

YOUR ANSWER IS S.T.A.R.

- Situation - Target - Action - Result

Honest/Integrity Tests

- Socially desirable responses - False positives - Polygraph tests ("lie detector") - The Employee Polygraph Protection Act prohibits pre-employment testing (in most instances).

Most Interviews Today

- Structural - Behavioral - Situational - "Tell me about a time when...."

Reference Checking Methods

- Telephoning the reference - Use of preprinted reference forms

Genetic Testing

- Tests for genetic links to workplace hazards - Tests for genetic problems related to the workplace - Tests to exclude workers for increased risks

Affirmative Action Is Still Needed

- To overcome past injustices or eliminate the effects of those injustices. - To create more equality for all persons, even if temporary injustice to some individuals may result. - Raising the employment level of protected-class members will benefit U.S. society in the long run. - Properly used, affirmative action does not discriminate against males or whites. - Goals indicate progress needed, not quotas.

Catch 22

- When women act too feminine they are spineless and soft. Not leadership material. - When women act too masculine they are abrasive and wenches. No one will work with them.

Interview Questions to Avoid

- Yes/No questions - Obvious questions - Questions that rarely produce a true answer - Leading questions - Illegal questions - Questions that are not job related

Nondirective Interview

-Applicants are queried using questions that are developed from the answers to previous questions. - Possibility of not obtaining needed information. - Information obtained may not be not job-related or comparable to that obtained from other applicants.

A plaintiff charging discrimination:

-Must be a protected-class member (this is challenged in reverse-discrimination cases). - Must "prove" that disparate impact or disparate treatment existed. - Once a court rules that a prima facie (preliminary) case has been made, the burden of proof shifts to the employer.

Strategies to EEO

1. Blind to Differences 2. Affirmative Action

Racial/Ethnic Harassment

Employers should adopt and enforce policies against harassment of any type, including ethnic jokes, vulgar epithets, racial slurs, and physical actions.

EEOC-1 (Annual Reporting Form)

Employers who must file this report: - All employers with 100 or more employees, except state and local governments. - Subsidiaries of other companies if the total number of combined employees equals 100 or more. - Federal contractors with at least 50 employees and contracts of $50,000 or more. - Financial institutions with at least 50 employees, in which government funds are held or saving bonds are issued.

Equal Employment Opportunity (EEO)

Employment that is not affected by illegal discrimination.

Civil Rights Act of 1964, Title VII

Established the Equal Opportunity Commission to enforce the act's provisions. Coverage: - All private employers with 15 or more employees - All educational institutions, public and private - State and local governments - Public and private employment agencies - Labor unions with 15 or more employees

Individuals with Differing Sexual Orientations

Federal court cases and the EEOC have ruled that sex discrimination under Title VII applies to a person's gender at birth. Sexual orientation or sex-change issues that arise at work include: - Clarification of HR policies - Reactions of co-workers - Continuing acceptance

Placement

Fitting a person to the right job.

Biographical Interview

Focuses on a chronological exploration of the candidate's past experiences.

Legal Awareness Training

Focuses on the legal implications of discrimination.

Essential Job Functions

Fundamental job duties of the employment position that an individual with a disability holds or desires.

Internal Metrics for Disparate Impact

HR activities that should be checked most frequently for internal disparate impact include the following: - Selection of candidates for interviews from those recruited. - Pass rates for various selection tests. - Performance appraisal ratings as they affect pay increases. - Promotions, demotions, and terminations. - Identification of individuals for layoffs.

Immigration Forms (Eligibility to Work)

INS I-9 form must be completed within 72 hours.

Availability Analysis

Identifies the number of protected-class members available to work in the appropriate labor markets for given jobs.

Utilization Analysis

Identifies the number of protected-class members employed in the organization and the types of jobs they hold.

Identity "Mismatch"

If an employee provides a false Social Security number, that person may be an illegal alien and not qualified to work in the U.S. - Mismatch could be an unreported name change, marital status change, stolen identity, or clerical error.

4/5ths Rule

If the selection rate for a protected-class is less than 80% (4/5ths) of the selection rate for the majority group or less than 80% of the group's representation in the relevant labor market, then discrimination exists.

Correlation Coefficient

Index number giving the relationship between a predictor (a test) and a criterion variable (a measure of success on the job).

Application Time Limits

Indicates how long the application will remain active.

Information Falsification

Indicates that false information is grounds for termination.

Employment-at-will

Indicates the right of the employer or employee to terminate the employment relationship at any time with or without notice or cause.

Protected Class

Individuals within a group identified for protection under equal employment laws and regulation.

Job Tests: Legal Concerns and Selection Testing

Legal Concerns and Selection Testing - Job-relatedness (validity) of selection tests (PERFORMANCE) - Reliability- tests the same thing over and over - Compliance with EEO and ADA laws and regulations Proper Use of Tests in Selection - Use for additional information, not disqualification - Negative reactions by test takers to certain tests - Costs of testing versus "bad hires"

Quid Pro Quo

Linking employment outcomes to the harassed individual's granting of sexual favors.

Falsification of Background Information

Many applications and resumes contain factual misstatements or significant omissions.

Target- Person-job Fit

Matching the knowledge, skills and abilities (KSAs) of people to the characteristics of jobs (tasks, duties and responsibilities-TDRs). Benefits of person-job fit - Higher employee performance - Lower turnover and absenteeism

Concurrent Validity

Measured when an employer tests current employees and correlates the scores with their performance ratings.

Predictive Validity

Measured when test results of applicants are compared with subsequent job performance.

Employment Testing

Notifies applicants of required drug tests, physical exams, or other tests.

References

Obtain applicant's permission to contact references on the application itself.

Reverse Discrimination

Occurs when a person is denied an opportunity because of preferences give to protected-class individuals who may be less qualified. - Technically there is no "non-protected" class. - Taken to court under Title VII laws (gender, ethnicity)

Negligent Retention

Occurs when an employer becomes aware that an employee may be unfit for employment, continues to employ the person, and the person injures someone.

Negligent Hiring

Occurs when an employer fails to check an employee's background and the employee injures someone.

Disparate Impact

Occurs when substantial underrepresentation of protected-class members results from employment decisions that work to their disadvantage.

Age Discrimination in Employment (ADEA)

Prohibits employment discrimination against all individuals age 40 or older working for employers having 20 or more workers. - Does not apply if age is a job-related qualification (BFOQ).

Types of Sexual Harassment

Quid Pro Quo Hostile environment

The hidden component of "hue" (shade, tone, tinge, tint)

Race may be less of an issue...hue may be the primary issue given humans are perceptive beings classifying visual stimuli immediately.

Pregnancy Discrimination Act (PDA) of 1978

Requires an employer to treat maternity leave the same as other personal or medical leaves. - Employers must treat pregnant employees the same as other employees.

Equal Pay Act of 1963

Requires employers to pay similar wage rates for similar work without regard to gender. Exceptions are permitted for differences in seniority, performance, output, and other work-related factors.

Family Medical Leave Act (FMLA) of 1990

Requires that individuals be allowed up to 12 weeks of unpaid leave for family/medical purposes.

Applicant Flow Data

Self-reported information on an employer's employment process from applicants.

Undue Hardship

Significant difficulty or expense imposed on an employer in making an accommodation for individuals with disabilities.

Competency Interview

Similar to the behavioral interview except that the questions are designed specifically to provide the interviewer with something to measure the applicant's response against—that is, the "competency profile" for the position, which includes a list of competencies necessary to do that particular job.

Disabled Person

Someone who has a physical or mental impairment that substantially limits life activities, who has a record of such impairment, or who is regarded as having such an impairment.

Visas and Documentation Requirements

Visas are granted by U.S. consular officers - B1 for business visitors, B2 for pleasure visitors, H-1B for professional or specialized workers, and L-1 for intra-company transfers.

Burden of proof

What individuals who file suit against employers must prove in order to establish that illegal discrimination has occurred.

Consensual Relationships and Romance at Work

Workplace romances are risky because they can cause conflict or result in sexual harassment.

Selection Procedures and Validity

Employers must demonstrate that tests of knowledge, skills, and abilities (KSAs) are valid when disparate impact exists.

Bona Fide Occupational Qualifications (BFOQ)

A business characteristic providing a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration. - Hooters (female) - Lingerie Fitter (female) - BFOQ not for race (e.g., ethnic restaurants)

Genetic Bias Discrimination

A developing area with no clear guidelines as yet on use of genetic information in employment.

Requirements for Immigrants and Foreign-Born Workers

Visas and Documentation Requirements Identity "Mismatch"

Reasonable Accommodation

A modification or adjustment to a job or work environment that enables a qualified individual with a disability to have an equal employment opportunity.

Business Necessity

A practice that is necessary for safe and efficient organizational operations. - Related to Job Tests - Fireman, etc

Disparate Treatment

A situation that exists when protected-class members are treated differently from others.

Sexual Harassment

Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment. - Hostile Work Environment - Quid Pro Quo

AAP

Affirmative Action Plan

Records Retention

All employment records must be maintained as required by the EEOC—application forms and documents concerning hiring, promotion, demotion, transfer, layoff, termination, rates of pay or other terms of compensation, and selection for training and apprenticeship. - The length of time documents must be kept varies, but generally three years is recommended as a minimum.

Hostile Environment

Allowing intimidating or offensive working conditions to unreasonably affect an individual's performance or psychological well-being.

Older Workers Benefit Protection Act (OWBPA)

An amendment to the ADEA aimed at protecting employees when they sign liability waivers for age discrimination in exchange for severance packages. - Aimed at early retirement packages (e.g., GM & Ford) - Must provide more than they would receive without the package - Advise to consult and attorney - Allow at least 21 days for consideration - Allow to revoke up to 7 days AFTER signing

Stress Interviews

An interview designed to create anxiety and put pressure on an applicant to see how the person responds.

Situational Interview

Applicants are asked how they would respond to a specific job situation related to the content of the job they are seeking.

Behavioral Interview

Applicants are asked to give specific examples of how they have performed a certain task or handled a problem in the past. - Helps discover applicant's suitability for current jobs based on past behaviors. - Assumes that applicants have had experience related to the problem.

Appearance and Weight Discrimination

Application of workplace dress codes is permitted. Height and weight-related job requirements must be job-related. - Remember how the EEOC interprets Title 7 laws and the Civil Rights Act of 1991- MUST be job related. - Obesity is now regarded as a disability and protected under the ADA.

Sexual Orientation

At present, federal protection against workplace discrimination has not been granted.

"No Disparate Impact" Approach

Disparate impact occurs whenever a substantial underrepresentation of protected-class members is evident in selection decisions.

Reverse Discrimination Cases

Bakke v. University of California - Med-school Rejection - Discovered a "quota" for minorities with lower scores - Seminal case Hopwood v. State of Texas - White female rejected admission to law school and less qualified minority applicants accepted. University of Michigan - 20 extra points toward guaranteed admission for minorities - Courts rules against Michigan - Law school- reserved space for "critical mass" of minority students even with lower scores.

Cultural Awareness Training

Builds a greater understanding of widely varying cultural backgrounds.

Seniority and Discrimination

Courts have held that the application of a valid seniority system does not violate the rights of protected-class individuals.

Retaliation

EEO laws prohibit employers from taking punitive actions against individuals who exercise their legal rights.

English-Only Requirements

EEOC guidelines allow employers to require workers to speak only English at certain times or in certain situations at work as a business necessity.

Affirmative Action

Employers are urged to hire groups of people based on their race, age, gender, or national origin, to make up for historical discrimination.

Bilingual Employees

Employers find it beneficial to have bilingual employees so that foreign-language customers can contact someone speaking their languages.

Conviction and Arrest Records

Employers may not use arrest records in employment decisions. Conviction records may be used in determining employability if the offense is job-related.

Blind to Differences

Differences among people should be ignored and everyone should be treated equally.

The "Glass Ceiling"

Discriminatory practices that have prevented women and other protected-class members from advancing to executive-level jobs. - If the glass ceiling exists may be less important than if there is a perception it exists.

Drug Testing

Tests must be monitored to protect integrity of results.

Military Status

The Vietnam-Era Veterans Readjustment Act and the Uniformed Services Employment and Reemployment Act encourage the employment of veterans and require employers to provide leaves of absence and reemployment rights for employees called to active duty. - LOA up to 5 years. - Return to the same or equivalent job. - A very significant issue right now with the drawdown of troops.

Griggs vs. Duke Power (1971):

The case: using high school diploma and intelligence tests and employment selection tools. Duke Power never demonstrated these were job related Supreme Court Decision: - Lack of intent to discriminate is no defense if discrimination occurs. - The employer has the burden of proof in proving that an employment requirement is a job-related "business necessity."

Pay Equity (Comparable Worth)

The concept that pay for jobs requiring comparable levels of knowledge, skill, and ability should be paid similarity, even if actual duties differ significantly. - Courts have consistently ruled against the concept.

Reliability

The consistency with which a test measure measures an item.

Validity

The extent to which a test actually measures what it says it measures.

Nepotism

The practice of allowing relatives to work for the same employer. - Lincoln Plating and Performance Management - The epicenter of power in organizations

Selection

The process of choosing individuals with qualifications needed to fill jobs in an organization. Organizations need qualified employees to succeed. - "Hire hard, manage easy." - "Good training will not make up for bad selection." The state (developable) or trait (stable) distinction.

Realistic Job Preview

The process through which a job applicant receives an accurate picture of the organizational realities of the job. - Prevents the development of unrealistic job expectations that cause disenchantment, dissatisfaction, and turnover in new employees. - Refining the psychological contract with an RJP

"Glass Walls" and "Glass Elevator"

The tendency for women to advance only in a limited number of functional fields within an organization.

Lily Ledbetter Law- 2009

Under the Lilly Ledbetter Fair Pay Act each discriminatory paycheck extends the statute of limitations for another 180 days. - Obama's first legislation signed.

Electronic Screening

Use applicant tracking systems when: - The volume of applicants is large - The quality of hires needs to be increased - Hiring cycles need to be shortened - The cost of hiring needs to be reduced - The firm needs to reach geographic areas not visited by recruiters

Uniform Guidelines on Employee Selection Procedures (1978)

Used by the EEOC, the Department of Labor's OFCCP, the Department of Justice, and the Office of Personnel Management. - Attempt to explain how an employer should deal with hiring, retention, promotion, transfer, demotion, dismissal, and referral. - If sued, employers can choose one of two routes to prove they are not illegally discriminating against employees: no disparate impact, and job-related validity. - The UGESP gave way for the 4/5ths rule

Structured Interviews

Uses a set of standardized questions asked of all job applicants. Useful for initial screening and comparisons. Benefits: - Obtains consistent information needed for selection decision. - Is more reliable and valid than other interview formats. - Meets EEO guidelines for the selection process.

Content Validity

Validity as measured by a logical, nonstatistical method (job analysis) to identify the KSAs and other characteristics necessary to perform the job.

Criterion-Related Validity

Validity measured by a procedure that uses a test as the predictor of how well an individual wool perform on the job.