Workplace

Flexible Work Schedules

Flexible work schedules may include adjustable daily hours, compressed work weeks, or telecommuting opportunities. The Department of Labor defines flexible schedules as "an alternative to the traditional nine-to-five, 40-hour work week." This often increases recruitment of top talent by boosting employee morale, dedication, and engagement. Tardiness, absenteeism, and turnover are also reduced in these environments. Some employee advantages may include the ability to work around family needs and personal commitments, lower stress, lower burnout rates, increased personal responsibility, less time commuting, and lower fuel costs. However, there are some challenges of flexible work schedules. Some individuals tend to work better in a traditional office environment and can have difficulty communicating when working different schedules than their peers. Additionally, client-facing roles may require a certain amount of availability during core business hours, managers can have trouble adjusting to a remote staff team, and certain boundaries can be eliminated when you have the flexibility to telecommute.

Drug-Free Workplace Act

The Drug-Free Workplace Act of 1988 requires that government contractors make a good faith effort to ensure a drug-free workplace. Employers must prohibit illegal substances in the workplace and must create drug awareness trainings for employees. Any federal contractor with contracts of $100,000 or more must adhere to a set of mandates to show they maintain a drug-free work environment. Employers must develop a written policy prohibiting the production, distribution, use, or possession of any controlled substance by an employee while in the workplace. Employers are required to develop standards of enforcement, and all employees must receive a copy of the policy and understand the consequences of a violation. Employers need to implement drug awareness trainings to help employees understand the hazards and health risks of drug use. Although drug testing is not required, it is intended that employers have some type of screening in place.

Disparate Treatment vs. Disparate Impact

is the act of treating a person differently due to race, religion, sex, or natural origin. A claim of disparate treatment requires proof of discriminatory motive, such as blatant statements that pose direct evidence of discrimination. Disparate treatment may also be exposed through factual differences in treatment, proven by a cohort analysis comparison of the treatment in similar individuals. Disparate impact describes more unintentional discrimination. For example, certain pre-employment tests have been proven to discriminate against certain protected classes, although they may not appear as such. Disparate impact does not require the proof of discriminatory motive, and remedies do not include punitive damages.

First-Country Nationals and Third-Country Nationals

are employees who are hired for a job in their own country, whereby the company is based in another country. These employees may be hired for short- or long-term assignments. For example, a worker based in India takes an assignment for the subsidiary of a company based out of China.Employees working for an international firm but who are citizens of neither the home country nor host country are___________.These are usually technical or professional employees hired for short-term assignments and are also branded as international freelance employees. These employees will return to their country of origin after the assignment, for example, a manufacturing engineer who is a citizen of the United States but commissioned to work for a Spanish manufacturing company at a satellite office in Rio Grande while plans are established for a new plant.

Measuring Quality Assurance

can be tracked and measured utilizing total quality management to reduce errors and improve service. Many total quality management programs share common elements, such as customer focus, strategic planning, or continuous improvement. Moreover, most of these programs include the following steps: 1. Performance planning—identifying goals and desired behaviors 2. Customer-centric products and services—setting and communicating performance standards 3. Statistical control methods for measuring results and providing feedback 4. Implementing performance improvement strategies 5. Evaluating results and benchmarking

Diversity Training

Although we most often think of diversity as the inclusiveness of minorities, diversity may also embrace a robust variety of traits such as generation, gender, sexual orientation, race, ethnicity, language, religious background, education, or life experiences. Diversity is the ability to consider and value the perspectives of all people. It is important for human resource practitioners to recognize that everyone has conscious and unconscious biases, whether intentional or not. Diversity and inclusion training supports establishing a nonjudgmental and collaborative workforce that is respectful and sensitive to similarities or differences among peers. Additionally, it can teach humility and self-awareness. Training program methods may be extensive or address specific gaps. Moreover, diversity and inclusion training may introduce new perspectives to the workforce, promoting creativity and innovation.

Compensation Adjustments Made for Expatriates in International Assignments

An international assignment must be aligned with a global compensation system in which respective adjustments are made per assignment. That said, the arrangement must take into consideration cost controls while providing sufficient motivation and rewards for the expat. Multinational organizations must create global compensation plans that are consistent with global mobility and business strategy. Additional consideration should be considered regarding expatriate housing, expenses, and taxes. There are four methods for calculating global compensation adjustments for international assignments: The home-country-based approach, which is based on the employee's standard of living in his or her home country The host-country-based approach, which is based upon local national rate.the headquarters-based approach, which is based upon the home country of the organization.The balance sheet approach, which calculates compensation based on home country rates, with all allowances, deductions, and reimbursements before converting into the host country's currency

Preparing for Emergencies and Natural Disasters

Because it is an employer's obligation to provide a safe and healthy work environment, many companies have begun to create emergency and disaster plans for handling situations such as fires, explosions, earthquakes, chemical spills, and acts of terrorism. These plans should include the following steps: 1. Clarify the chain of command, and inform staff who to contact and who has authority. 2. Someone should be responsible for accounting for all employees when an emergency strikes. 3. A command center should be set up to coordinate communications. 4. Employees should be trained annually on what to do if an emergency strikes. 5. Businesses should have first-aid kits and basic medical supplies available. This includes water fountains and eye wash stations in areas where spills may occur. 6. An emergency team of employees should be named and trained for the following: a. Organizing evacuation procedures b. Initiating shutdown procedures c. Using fire extinguishers d. Using oxygen and respirators e. Searching for disabled or missing employees f. Assessing when it is safe to reenter the building

Shared Values

Organizational culture is often based upon a set of shared values. Shared values are the principles, traditions, attitudes, and beliefs that influence the members of an organization. Ideally, these values support the vision and mission of the organization. For example, highly competitive industries such as national sports leagues might list assertiveness and emphasizing outcomes as values. Inclusive industries in human services might list traits like fairness, tolerance, respect, and team orientation as values. Many startup and lean environments will list innovation, precision, successful experimentation, and strong task analysis as key values. Regardless of which shared values an organization chooses, a set of these values should be clearly communicated to applicants, employees, and shareholders so that all parties are in alignment for sustainability and success.

Corporate Philanthropy and Charitable Giving

The elements of corporate social responsibility differ greatly; some may emphasize philanthropy, donating a percentage of profits to charity, or volunteering activities. Organizations often find philanthropy and charitable work financially rewarding, especially when synchronizing business strategies to cause agendas. Not only can corporate philanthropy increase revenues, but it has also been known to boost morale and employee engagement. The corporate culture surrounding philanthropy and charitable giving should be covered during new hire orientations. Employees should feel empowered to see opportunities and explore creative ways to solve challenges efficiently. Human resource practitioners can support corporate philanthropy to demonstrate good values, build image, and foster a sense of efficiency. Volunteers serve as philanthropic representatives of the company in the community and can have a strong impact on the public. However, every company will need to determine the best approach for corporate philanthropy that aligns with organizational goals and values.

Employee Retirement Income Security Act

was passed in 1974 to protect employees who are covered under private pensions and employee welfare benefit plans. ERISA ensures that employees receive promised benefits and are protected against early termination, mismanaged funds, or fraudulent activities. ERISA mandates that employers adhere to eligibility requirements, vesting requirements, portability practices, funding requirements, fiduciary responsibilities, reporting and disclosure requirements, as well as compliance testing. Most employees who have at least 1,000 hours of work in 12 months for two consecutive years are eligible to participate in private pension plans. Employees have the right to receive some portion of employer contributions when their employment ends. Employees must be allowed to transfer pension funds from one retirement account to another. Sufficient funds must be available from the employer to cover future payments. Employers must appoint an individual to be responsible for seeking ideal portfolio options and administering pension funds. Employers must adhere to extensive reporting requirements, provide summary plan documents, and notify participants of any changes. Employers are required to complete annual minimum coverage, actual deferral percentage, actual contribution percentage, and top-heavy testing to prevent discrimination in favor of highly compensated employees.

Affirmative Action Plans

Affirmative action plans (AAPs) require employers to implement timelines that correlate with measurable goals to prevent discrimination and enforce Executive Order 11246, commonly known as Order Number 4. This order prohibits employment discrimination by federal contractors and subcontractors whose contracts exceed $10,000 per year or first-tier subcontractors whose contracts exceed $50,000 and have 50 or more employees. Executive Order 11478 extended the same anti-discrimination provisions to employees of the federal government. Executive Order 11246 also established the Office of Federal Contract Compliance Programs (OFCCP) to monitor AAPs. The OFCCP uses many tool and analysis techniques to investigate possible discrimination. Coverage was again extended in 2013 to include individuals with disabilities. It is important to note that the statute of limitations to file a complaint with the OFCCP is 180 days.

Taft-Hartley Act

Because many employers felt that the National Labor Relations Act (NLRA) gave too much power to unions, Congress passed the Labor Management Relations Act in 1947. Also known as the Taft- Hartley Act, the act sought to avoid unnecessary strikes and impose certain restrictions over union activities. The act addresses four basic issues: unfair labor practices by unions, the rights of employees, the rights of employers, and national emergency strikes. Moreover, the act prohibits unions from the following: Restraining or coercing employees from their right to not engage in union activities Forcing an employer to discriminate in any way against an employee to encourage or discourage union membership Forcing an employer to pay for work or services that are not needed or not performed Conducting certain types of strikes or boycotts Charging excessive initiation fees or membership dues when employees are required to join a union shop

Approaches to an Inclusive Workplace

First, identify any areas of concern that reflect a majority or any marginal representations. An internal workforce should reflect the available labor market. Examine the corporate culture and communications to ensure that they advocate for a diverse and inclusive workplace. Review or amend policies and practices to support an inclusive culture. Focus on the behavioral aspects, how people communicate, and how people work together. Are all perspectives respected and input from all positions valued? Address any areas that might not welcome protected classes or disabilities. Then brainstorm approaches and ideas for an inclusive workplace. Once a diverse culture is established, target recruiting efforts to reach a broad audience. Some ideas may include college recruiting, training centers, career fairs, veteran's offices, and state unemployment offices or career centers. Set business objectives for areas that can be improved upon, document what changes will be implemented, and review progress.

International Assignments

In addition, they can be both costly and difficult to manage.Selecting people who fit both the culture and assignment, arranging their transition, preparing them and their families, evaluating performance remotely, and repatriating after the assignment are critical considerations that must be carefully planned to minimize risk. Examine each step of the process, and be diligent to encourage open, inclusive communication throughout the assignment. If the employee's loved ones have a difficult time adjusting, he or she could decide to return early, resulting in an incomplete assignment. Therefore, it is important to also think about spouses or children who may be relocating as well. Organizations that are involved in many international assignments may choose to outsource global expertise and administrative responsibilities such as employment law, payroll, or taxes.

Loss Expectancy

Risk assessments are a critical element of risk management. A quantitative risk assessment will allow the business to assign actual dollar amounts to each risk based on value, exposure, single loss expectancy, annualized rate of occurrence, and annualized loss expectancy. Single loss expectancy is measured when a value is placed on each asset and the percentage of loss is determined for each acknowledged threat. The annualized loss expectancy can be calculated by multiplying the single loss occurrence and the annualized rate of occurrence. In these calculations, potential loss amounts are used to consider if implementing a security measure is necessary. The business really has three options when a risk has been identified: accept the risk, diminish the risk, or transfer the risk.

Work-Related Problems of Alcoholism and Drug Abuse

Shows like A & E's Intervention and recent news of the opiate epidemic address some of the many personal struggles for employees involved in or suffering from alcoholism and drug abuse. Moreover, these problems are not temporary, and many need help correcting these behaviors. Alcoholism is now a protected disability under the American with Disabilities Act. The act does not protect employees who report to work under the influence, nor does it protect them from the consequences of their actions or blatant misconduct. Problems caused by drug abuse are similar to those caused by alcoholism. However, additional problems associated with drug abuse are the likelihood of stealing, due to the expensive cost of the employee's habit, and its illegal nature. The Americans with Disabilities Act (ADA) does not protect current drug use as a protected disability.

Pregnancy Discrimination in Employment Act of 1978

The first clause applies to Title VII's prohibition against sex discrimination, which also directly applies to prejudice on the basis of childbirth, pregnancy, or related medical conditions. The second clause requires that employers treat women affected by pregnancy the same as others for all employment-related reasons and similarly in their ability or inability to work. In short, the Pregnancy Discrimination in Employment Act makes it illegal to fire or refuse to hire/promote a woman because she is pregnant, force a pregnancy leave on women who are willing and able to perform the job, and stop accruing seniority for a woman because she is out of work to give birth.

Mental Health

it is integral to a healthy and successful workforce, and employees could receive workers' compensation for physical or mental breakdowns that are caused by the cumulative trauma of a highly stressful occupation. Four of the main challenges to mental health are burnout, anxiety, depression, and boredom. Additionally, individuals respond to environmental stressors with three phases: the alarm reaction (the adrenaline rush in which endocrine system triggers the body into fight-or-flight mode); the resistance stage (in which the body tries to regain balance); and the exhaustion phase (at which point the body has endured severe weakening and can no longer adapt). There are a few common coping strategies: eliminate the stressor, often through the avoidance of exposure or additional responsibilities; relaxation techniques, such as massage, yoga, breathing exercises, or biofeedback; social support, frequently through a network of family, friends, or community membership; and physical exercise programs that remove tension caused by stress.

Workers' Compensation

provides reimbursement of accident expenses and income continuation for employees who sustain a work-related injury. To be covered and eligible for benefits, a worker must be performing a covered job as an employee of a covered employer. There are three types of benefits available: medical expenses, income continuation, and death benefits. Funds are available through an insurance program, and premiums are paid by the employer while being administered by each state per local law or the federal government for federal workers. There is usually a certain waiting period before wage replacement payments are available, and they usually amount to 50 to 70 percent of a worker's average weekly wages.

Risk Management

refers to the process of measuring and assessing the risk or potential uncertainties while developing strategies to protect the financial interests of a company. Risks or potential uncertainties may include workplace safety, workers' compensation, unemployment insurance, security, loss prevention, health and wellness, data management, privacy protection, and contingency planning. Depending upon the size of the company or severity of the threat, some or all of these areas might be assigned to human resources. The underlying goal of risk management is to mitigate the costs of these uncertainties as much as possible.

ADEA

was first passed in 1967 to protect job applicants and employees between 40 and 60 years of age. The ADEA applies to all private employers with 20 or more employees, government agencies, and labor unions with 25 or more members. The act also prohibits these parties from discriminating against older workers in benefit plan designs. Although the upper age limit was raised to 65 and 75 in subsequent years, the Consolidated Omnibus Budget Reconciliation Act eliminated an upper limit to cover almost everyone at least 40 years of age, the exception to this coverage being that certain executives may be forced into retirement at age 65.

Preventing and Addressing Illegal or Dishonest Behaviors

A serious concern for all companies is illegal or dishonest behavior, such as theft, embezzlement, falsifying records, or misuse of company property. Committing fraud often involves at least one of three main forces: situational pressure, opportunity to commit fraud, or personal integrity. When employees are suspected of stealing, companies must decide whether to conduct an investigation or prosecute. Investigations and prosecutions can be costly; however, most cases are investigated, and some will result in termination, whereas others may result in prosecution. Organizations may also adopt anti-fraud programs to increase early detection and decrease opportunities. These programs often contain these elements: reporting, oversight, prudence, communication, compliance, enforcement, prevention, and advocating personal integrity. Companies prone to theft and dishonest behavior, such as retail corporations, often have loss prevention departments dedicated to protecting assets and cash while minimizing and detecting inventory shrinkage.

Criteria for Selecting Individuals and Family Considerations for International Assignments

Careful consideration must be given when selecting individuals for international assignments. Frequently used criteria for selection might consist of demonstrated performance, professional or technical expertise, specific knowledge, overall perceptiveness, leadership abilities, administrative skills, willingness, reputation, and successful completion of prior international assignments, ability to adapt, and desire to learn new culture. Orientation and pre-assignment training such as language classes are essential for achieving strategic and tactical goals. Moreover, the success of expatriates depends upon the spouse and family's ability to adjust to new cultures. Some aspects that may help expedite the family's adjustment overseas include the spouse's ability to work or maintain career advancement, family living accommodations, education for children, and health and dental care.

Involvement in Community Engagement

Community engagement involves creating partnerships through dedication and community involvement. Both the internal organization and external community are strengthened through an exchange of responsibility, knowledge, and services. The millennial generation entering the workforce is changing the way businesses strategize ways to attract and retain younger workers. This group in particular is drawn to organizations that are active in philanthropy and community engagement. Whereas community engagement programs are designed to help the populations they serve, they may also be used to teach staff sensitivity, greater understanding, and leadership skills. Advocates of corporate community engagement programs also find that it achieves triple returns, providing benefits to the charity or nonprofit organization in the form of free services, to the employees in the form of useful experience, and to the employer in the form of a more cognizant workforce. Community engagement can also provide advantages in recruitment, teamwork, morale, retention, corporate brand, reputation, and sales.

Harassment Training

Companies should complete regular harassment training because employers must exercise reasonable care to avoid and prevent harassment. Otherwise, employers may be found liable for the harassing behaviors of vendors, clients, coworkers, and supervisors. Harassment is defined as any demeaning or degrading comments, jokes, name-calling, actions, graffiti, or other belittling conduct that may be found offensive. Any form of derogatory speech can be considered harassment, including neutral words that may be perceived in a vulgar or intimidating way. Furthermore, the Civil Rights Act of 1964 protects individuals from harassment on the basis of race, color, religion, sex, or national origin. More importantly, damages awarded under Title VII can total anywhere from $50,000 to $300,000, depending upon the size of the employer.

Avoiding Workplace Violence

Due to the growing number of workplace assaults and homicides, it is suggested that human resource managers be prepared and implement policies such as the following: Zero tolerance - prohibiting any act of violence in the workplace, including verbal threats Prevention - presenting strategies and training to help managers recognize danger signs Crisis management - plans for responding to threats or acts of violence Recovery - providing support and counseling for victims and survivors that may suffer trauma To reduce the likelihood that a troubled employee might become violent, managers should be encouraged to practice the following: Disciplining employees should be done one on one as a private matter, as opposed to in public. Employees should have an opportunity to explain or tell their side of the story. Managers should refrain from disciplining employees when the manager is angry. Even if the employee's behavior may warrant immediate action, the employee should be removed from the scene, and disciplinary action should be discussed and decided at a later meeting. Try to calm angry workers or have a friend accompany them when leaving.

Employer Qualities That Will Attract Millennial Workers

It's finally happened; the millennial generation (those born between 1981 and 2001) has joined the workforce, and they are changing business operations. Millennial workers desire constant feedback; annual reviews will not do. Weekly or even daily one-on-one meetings will help motivate millennial workers and provide them with favored inspiration and direction. Millennials want plenty of learning opportunities and a manager who is concerned with their career growth. Coaching, mentoring, and on-the-job training are attractive qualities for this generation. Millennial workers are also interested in making a difference, whether it is contributing to the organization's mission or social and community responsibility. For this reason, flexible work schedules and performance-based incentives will attract millennial workers. Millennials flourish when they have freedom for creative expression and clear areas of responsibility.

Expatriate Training

These may address problems with adjustment or cross-cultural training. Foreign assignments, especially those in lesser industrialized nations tend to be very difficult for families to adjust. They must learn a new language, find acceptance with new friends in new schools, and pursue different careers. To prepare managers for foreign assignments, preparations and training sessions should include language and cultural awareness studies and thorough coverage of local customs and religions. One method involves the use of a culturegram, or culture assimilator, which instructs managers of best practices and helps them acquire and practice new cultural practices. Subjects vary from social introductions, time orientations, and standard dress to customary diet and dining etiquette.

Courts' Responses to Claims of Reverse Discrimination

Many Caucasians have complained that affirmative action plans have made them victims of reverse discrimination, but the courts continue to return mixed findings. In United Steelworkers vs. Weber, the Supreme Court ruled against a white male trying to gain admittance to a training program that was designed to help the company achieve their affirmative action goals by reserving 50 percent of the spots for minority trainees. The Supreme Court issued a broad ruling in support of special programs for achieving affirmative action goals because the biased treatment of these programs was aligned with the intention of Congress in creating civil rights regulations. Alternatively, the case of Sharon Taxman vs. Board of Education of the Township of Piscataway was one in which a school board chose to terminate a white teacher and keep a black teacher because they thought this would serve as an example for students, despite the fact that both teachers had equal seniority and performance ratings and the percentage of black teachers was already greater than the surrounding population. The Third Circuit Court ruled that this action was in violation of Title VII due to the fact that there was no manifest imbalance caused by prior discrimination.

Managing a Multi generational Workforce

Now that millennial workers have joined the working world, human resource practitioners must learn how to manage a multigenerational workforce. We currently have baby boomers nearing retirement, Generation X gaining experience, and millennials entering the workforce. Soon, Generation Z will join in the workforce. How can employers address the management needs of this multigenerational workforce and their diverse sets of values? The most obvious change in values is the loyalty factor of each generation. Baby boomers began their careers believing they might only have a few employers over the course of their working years, whereas Generation X workers are more likely to change employers frequently to gain experience and better salaries. Millennial and Generation Z workers show the least amount of loyalty to their employers. Instead, they want to define their own careers and work their way. Millennial workers are more entrepreneurial, and Generation Z workers are anticipated to flood the freelance markets. Work/life balance and the chance to make a difference are valued more in the younger workforce. In return, they bring more tech savvy, social media branding, and adaptability.

Occupational Injuries to be Reported

Occupational Safety and Health Administration (OSHA) requires that any occupational injury or illness be recorded if it results in medical treatment that goes beyond first aid, restricted work activity or job transfer, time away from work, loss of consciousness, or death. An incident that results in an inpatient hospitalization must be reported within 24 hours, and any incident resulting in an employee's death must be reported to the nearest OSHA office within eight hours. For each recordable injury or illness, an OSHA Form 301 Injury and Illness Incident Report must be completed within seven calendar days. Employers are obligated to keep a log of all incidents on OSHA Form 300 Log of Work-Related Injuries and Illnesses, and a concise report of annual incidents should be reported on OSHA Form 300A Summary of Work-Related Injuries and Illnesses at the end of each year. Forms 300 and 300A should be posted no later than February 1 through April 30, and all documentation should be kept for five years so it is available on request for examination. Any procedure or doctor's visit that can be labeled as first aid does not need to be recorded. However, any needle-stick injury, cut from a sharp object contaminated with another person's blood, or incision that requires stitches should be reported.

Influence of Organizational Philosophy on Culture

Organizational philosophy is a key element of culture and creates the foundational culture, values, beliefs, and guidelines for doing business. This philosophy cultivates the relationships among the organization, employees, customers, and shareholders. An organization's philosophy is derived from the mission statement and describes the set of values, beliefs, and norms of doing business. The organizational philosophy may provide a basis for establishing departmental philosophies as well. Moreover, employees and managers need to clearly understand the organizational philosophies, cultures, policies, and procedures so they can all act in alignment with organizational goals and strategies.

Civil Rights Acts

The 13th and 14th Amendments address equal protection in employment rights by state and local governments for all citizens. Moreover, major prohibitions against racial discrimination in hiring, placement, and continuation of employment contracts by private employers, unions, andemployment agencies date back to the early Civil Rights Acts of 1866 and 1870. Furthermore, the National Labor Relations Act of 1935 indirectly prohibits racial discrimination in labor unions by requiring fair representation for all. However, New York was the first state to pass additional regulations to eliminate discrimination in state employment due to race, creed, color, or national origin with their Fair Employment Practices Act of 1945. This was well before Title VII of the Civil Rights Act of 1964 prohibited employment discrimination based on race, color, religion, sex, or national origin to all employers with 15 or more employees. Title VII was amended by the Equal Employment Opportunity Act of 1972, which strengthened the enforcement and expanded coverage so that one person could file suit on behalf of many affected individuals for equal damages. The act was last revised in 1991 to more clearly define which actions are discriminatory and outline prosecution procedures for jury trials and monetary damages.

Sexual Harassment

The Civil Rights Act of 1964 bans sexual harassment and makes it an employer's responsibility to prevent it. Sexual harassment can be defined as unsolicited sexual advances, requests for sexual favors, and any other conduct of a sexual nature that meets any of the following conditions: 1. Obedience to such conduct is construed as a condition of employment either explicitly or implicitly. 2. Obedience to or rejection of such conduct is used as the basis for employment decisions affecting an individual. 3. Such conduct produces an intimidating, hostile, or offensive working environment or otherwise has the effect of interfering with an individual's work performance. Sexual harassment is separated into two types: quid pro quo (this for that) cases and hostile environment cases. Victims do not need to suffer loss, but the harassment needs to be pervasive or severe. Employees may be offended by any sexual conduct in the workplace, such as lewd comments, jokes, pornographic pictures, or touching. Employees who voice discomfort may request that the environment be changed. If an employer fails to correct the offensive environment, employees may press charges without needing to demonstrate physical or psychological damage.

Demographic Barriers Encountered in Today's Workplace

The Civil Rights Act prohibits sex or religious discrimination regarding any employment condition, including hiring, firing, promotional advancements, transfers, compensation, or admissions into training programs. The condition in which many women experience subtle forms of discrimination that limit their career advancement is referred to as the glass ceiling. It encompasses a host of attitudinal and organizational barriers that prevent women from receiving information, training, encouragement, and other opportunities to assist in advancement. The Civil Rights Act does not protect sexual preference, but other legal actions at the federal level have come to protect those attracted to or married to the same sex in recent years. The Equal Employment Opportunity Commission (EEOC) has ruled that gender identity discrimination can be asserted as claims of sex discrimination under existing law. Preferential treatment for any particular gender or religious quality is strictly prohibited unless there is a bona fide occupational qualification. Customer preference is not a defense against discrimination to appearances that deviate from the norm, such as a Muslim woman wearing a hijab (headscarf), Rastafarian dreadlocks, Jewish sidelocks, or a Sikh's turban and uncut hair.

COBRA

The Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986 requires that all employers with 20 or more employees continue the availability of health-care benefits coverage and protects employees from the potential economic hardship of losing these benefits when they are terminated, working reduced hours, or quit. COBRA also provides coverage to the employee's spouse and dependents as qualified beneficiaries. Events that qualify for this continuation of coverage include the following: voluntary or involuntary termination for any other reason than gross misconduct reduction in hours that would otherwise result in loss of coverage divorce or legal separation from the employee death of the employee the employee becoming disabled and entitled to Medicare the dependent no longer being a dependent child under plan rules (older than 26) Typically, the employee and qualified beneficiaries are entitled to 18 months of continued coverage. There are some instances that will extend coverage for up to an additional 18 months. Coverage will be lost if the employer terminates group coverage, premium payments are not received, or new coverage becomes available.

Four-Fifths Rule and Adverse Impact Analysis

The Equal Employment Opportunity Commission (EEOC) defines adverse impact by the fourfifths rule as follows: "A selection rate for any race, sex, or ethnic group which is less than fourfifths (4/5 or 80 percent) of the rate for the group with the highest rate will generally be regarded by the federal enforcement agencies as evidence of adverse impact." Let's say that Alpha Company requires a previously outlined exam for specified positions. Two hundred applicants took this exam, including 124 Caucasian males and 57 Latino males, and only 108 passed. Of the 108 that passed the exam, there were 72 Caucasian males and 28 Latino males. The four-fifths rule may now be used to determine if the exam used by Alpha Company has an adverse impact. Caucasian males had the highest pass rate at 58.06 percent, and four-fifths of that rate is 46.45 percent. Latino males had a 49.12 percent pass rate, which is greater than 46.45 percent. Thus, we can conclude that the exam presented by Alpha Company does not have an adverse impact. However, if the four-fifths rule had determined adverse impact, the burden of proof would fall upon Alpha Company to convince the courts that the exam was a) job related for the specified positions and b) consistent with business necessity.

Visas That Allow Immigrants Temporary Work Eligibility

The H-1B visa classification allows employers to choose the best candidate with specialized skills from a global labor market. Occupations that might qualify for H-1B visa status include scientists, computer programmers, architects, engineers, college professors, foreign medical graduates requiring residency, or those with specialized degrees. Whereas H-1B visas are fairly common, securing an H-1B visa is not an easy process and takes an average of 45 to 120 days. Employers are required to submit at least two forms in addition to providing several documents about the company's needs and financial conditions. The first form that is required is the Labor Condition Application, which shows that local workers will not be displaced by the employment of a foreign national. The second form that is required is the Petition for a Non-immigrant Worker, which must be filed by the employer and costs a hefty, nontransferable $1,000 plus a $110 filing fee. A worker may simultaneously hold H-1B visas with multiple companies. Other visas include the H-1C visa for nurses; H-2A visa for temporary agricultural workers; H-2B visa for temporary nonagricultural workers; J-1 visa for an exchange visitor (such as student, researcher, or professor); J-2 visa for the spouse of an exchange visitor; F-1 visa for students allowed to work on campus; L-1A visa for intra-company managerial transferees; L-1B visa for intra-company non-managerial transferees; O-1 visa for individuals with extraordinary abilities in science, education, business, athletics, or art; O-2 visa for individuals accompanying an O-1 alien to assist in athletic or artistic performance or event; P-1 visa for individual or team athletes; or TN visas for Canadian and Mexican citizens engaging in professional business under the North American Free Trade Agreement (NAFTA).

HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) was passed in 1996 to provide greater protections and portability in health-care coverage. Some individuals felt locked into current employer plans and feared that they would not be able to obtain coverage from a new employer plan due to preexisting conditions. Some of the key HIPAA provisions are preexisting condition exclusions, pregnancy, newborn and adopted children, credible coverage, renewal of coverage, medical savings accounts, tax benefits, and privacy provisions. Employees who have had another policy for the preceding 12 months cannot be excluded from coverage due to a preexisting condition or pregnancy or applied to newborn or adopted children who are covered by credible coverage within 30 days of the event. Credible coverage involves being covered under typical group health plans, and this coverage must be renewable to most groups and individuals as long as premiums are paid. Medical savings accounts were created by Congress for those who are selfemployed or otherwise not eligible for credible coverage. Individuals who are self-employed are also allowed to take 80 percent of health-related expenses as a deduction. Finally, HIPAA introduced a series of several regulations that impose civil and criminal penalties on employers who disclose personal health information without consent.

OSHA

The Occupational Safety and Health Act of 1970 mandates that it is the employer's responsibility to provide an environment that is free from known hazards that are causing or may cause serious harm or death to employees. The only workers who are not protected by this act are those who are self-employed, family farms where only family members work, and workplaces that are covered by other federal statutes or state and local government. This act is monitored and enforced by the Occupational Safety and Health Administration (OSHA). OSHA ensures employees have a safe workplace, free from recognized hazards. It also requires all employers and each employee to comply with occupational safety and health standards, rules, and regulations. Employers may be found in violation if they are aware or should have been aware of potential hazards that could cause injury or death.

Privacy Protection Act

The Privacy Protection Act of 1974 was passed to protect the privacy of individuals employed by government agencies or by government contractors. Although this act prohibits government agencies from disclosing individual personnel records, the Freedom of Information Act requires these agencies to release certain information, like what the organization does or how it is organized. However, requests for information that could constitute a disclosure of personal privacy are exempt and remain protected. The Privacy Act also established the Privacy Protection Study Commission, which has outlined three main policy goals: 1) minimize intrusiveness, 2) maximize fairness, and 3) create legitimate expectations of confidentiality. The Privacy Commission also advocates five basic employee rights regarding procedures: 1) notice, 2) authorization, 3) access, 4) correction, and 5) confidentiality.

Landrum-Griffin Act

The government exercised further control over union activities in 1959 by the passage of the Labor Management Reporting and Disclosure Act. Commonly known as the Landrum-Griffin Act, this law regulates the internal conduct of labor unions to reduce the likelihood of fraud and improper actions. The act imposes controls on five major areas: reports to the secretary of labor, a bill of rights for union members, union trusteeships, conduct of union elections, and financial safeguards. Some key provisions include the following: Granting equal rights to every union member with regard to nominations, attending meetings, and voting Requiring unions to submit and make available to the public a copy of its constitution, bylaws, and annual financial reports Requiring unions to hold regular elections every five years for national and every three years for local organizations Monitoring the management and investment of union funds, making embezzlement a federal crime

Exclusions and Possible Rewards of Volunteer Programs

There are many companies that have implemented volunteer programs to encourage their employees to participate in charitable activities; some provide employees with supplemental time off during work hours. Whereas many companies will create guidelines of acceptable activities or reject things like hours spent participating on political campaigns, others might attempt to diversify local, national, and global support. Some employers will also impose exclusions, such as limiting eligibility to employees with satisfactory performance, or require manager approval to ensure that time off will not conflict with scheduling or productivity. These programs are intended to help the communities they serve, but they also help employees develop soft skills. Understanding, sensitivity, empathy, collaboration, communication, and leadership are some desirable workplace traits that are cultivated by volunteering activities. Moreover, organizations that are able to make a connection between volunteering programs and diversity will provide opportunities to build an inclusive workplace, cultural competence, and an ability to get along with individuals from diverse backgrounds.

Supporting LGBTQ Workforce

There has been increasing attention on the rights of the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community in the past few years. Many states have expanded civil rights to include LGBTQ discrimination protection for sexual orientation of employees and applicants. In most cases, gender identity is also protected. Presidents Obama and Trump have both enforced workplace regulations for the LGBTQ community; ensuring a work environment free from harassment and oppression has never been more important. There are a few states that have not joined in the fight for LGBTQ equality. However, employers should remain vigilant in adhering to local regulations and accommodating LGBTQ needs, which may require the availability of benefits for domestic partners or a unisex restroom for transgender workers.

USERRA

applicable to all employers. USERRA forbids employers from denying employment, re-employment, retention, promotion, or employment benefits due to service in the uniformed services. Employees absent in services for less than 31 days must report to the employer within eight hours after arriving safely home. Those who are absent between 31 and 180 days must submit an application for re-employment within 14 days. Those who are absent 181 days or more have 90 days to submit an applicant for re-employment. Employees are entitled to the positions that they would have held if they had remained continuously employed. If they are no longer qualified or able to perform the job requirements because of a service-related disability, they are to be provided with a position of equal seniority, status, and pay. Moreover, the escalator principle further entitles returning employees to all of the seniority-based benefits they had when their service began, plus any additional benefits they would have accrued with reasonable certainty if they had remained continuously employed. Likewise, employees cannot be required to use accrued vacation or paid time off during absences. USERRA requires all health-care plans to provide Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage for up to 18 months of absence and entitles employees to restoration of coverage upon return. Pension plans must remain undisturbed by absences as well. However, those separated from the service for less than honorable circumstances are not protected by USERRA.

WARN Act

applies to employers with more than 100 full-time workers or more than 100 full- and part-time workers totaling at least 4,000 hours per week. The WARN Act requires that employers provide a minimum of 60 days' notice to local government and affected workers in the event of a plant closing that will result in job loss for 50 or more employees during a 30-day period and mass layoffs that will result in job loss for greater than 33 percent of workers or more than 500 employees during a 30-day period. There are very few situational exceptions to the WARN Act, including natural disasters and unforeseeable business circumstances.

Expatriates and Repatriates

are individuals who are sent on assignments outside of their home country, with the expectation that these employees will return to their home country following the completion of the assignment. If an employee is from the same country as the company's headquarters, he or she may be known as either parent-country nationals or headquarters expatriates. are individuals returning to their home country from an assignment in another country. Unfortunately, many companies fail to retain employees after an assignment, and employees often choose to seek new opportunities that utilize their new skills. It is believed that this may be avoided if repatriation plans are discussed prior to the assignment beginning and open, interchangeable communication is maintained with the expatriate employees throughout the assignment.

Stages of International Human Resource Management

embody the initial phase of globalization. At this stage, products are moved across national boundaries. The majority of employees are located only in the home country, with the exception being contract negotiators who study abroad to secure buying and selling agreements. In this phase, human resource policies and procedures follow traditional practices. have reached the next stage of globalization, in which employees are located in the home country and a number of expatriate managers may be sent to oversee foreign operations. Products may be manufactured in one country then shipped to another country for assembly and further exporting. This phase requires human resource policies and practices to be revised for each country. Global firms have reached the final stage of globalization. They may have main strategic corporate units in multiple countries that all interact with headquarters and with each other. Each country could have its own complete operation, or each function of the organization may be located in separate countries. In any case, products and resources are often transferred across borders to meet organizational demands. Global countries strive to implement human resource policies and procedures that meet global needs, with limited adaptations for each cultural location.

Patient Protection and Affordable Care Act

is a comprehensive health-care law that was passed in 2010 to establish regulations on medical services, insurance coverage, preventative services, whistle-blowing, and similar practices. A few key provisions of PPACA include the following: Individual responsibility - requires all individuals to maintain health insurance or pay a penalty State healthcare exchanges - provides individuals and families a portal in which they can shop through a variety of plans and purchase health-care coverage Employer shared responsibility - requires that employers with more than 50 employees provide affordable coverage to all employees that work 30 or more hours per week or pay a penalty Affordable coverage - does not allow employers to shift the burden of health-care costs to employees and imposes a penalty for employees who obtain government subsidies for coverage Flexible spending accounts - imposes a cap on pre-tax contributions to flexible spending accounts (FSAs), health reimbursement arrangements (HRAs), and health savings accounts (HSAs) Wellness incentives - allows employers to provide premium discounts for employees who meet wellness requirements Excise tax on "Cadillac" plans - imposes excise tax on employers that provide expensive coverage W-2 reporting requirements - requires employers to report the cost of coverage under employer-sponsored group health plans on each employee's W-2 form Summary of benefits coverage - requires insurance companies and employers to provide individuals with a summary of benefits coverage (SBC) using a standard form Whistle-blower protections - amends the Fair Labor Standards Act (FLSA) to prohibit employers from retaliating against an employee who applies for health benefit subsidies or tax credits

GINA

is a federal law for all employers passed in 2008 that makes it illegal for genetic information about a person or a family member to be used to deny enrollment in an insured or self-insured health care plan or to change the individual's premiums or contribution rates. The Department of Labor has defined genetic information as a disease or disorder in an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or family member has sought or received genetic services, and genetic information of a fetus held by an individual or an individual's family member or an embryo lawfully carried by an individual or family member that receives assistive reproductive services. GINA also forbids an employer from requesting or otherwise collecting a person's genetic information unless the information is used in certain wellness programs, inadvertently obtained, needed to comply with certification requirements or regulations or when observing biological effects of toxins in the workplace. The information an employer might obtain when requesting medical documentation for extended absences, requested leave, or accommodations is commonly accepted. Court remedies for GINA are similar to those existing for sex and racial discrimination.

FMLA

is a federal regulation that provides employees the right to a maximum limit of 12 weeks of unpaid leave each year for the specified care of medical conditions that affect themselves or immediate family members. To be eligible for FMLA leave, an employee must have worked for a covered employer for the preceding 12 months and for a minimum of 1,250 hours during that time. All private employers, public or government agencies, and local schools with 50 or more employees within a 75-mile radius must adhere to the regulations. Qualifying events covered under FMLA include the following: The birth or adoption of a new child The employee's own serious health condition that involves a period of incapacity An ill spouse, child, or parent who requires the employee's care The spouse, child, or parent of a person on or about to be on active military duty that qualifies

Employee Repatriation

is taking care of employees after an international assignment when they have returned to their home country. It is important to plan for he employee's return well in advance, before the assignment has even begun, and have career development discussions to identify suitable positions that utilize global skills. Research reveals that approximately 30 percent of expats leave employers upon return, often citing external competitiveness or saying that an appropriate job for them is not available. Communication is also a key element. Staying connected through email, newsletters, a mentor or buddy system, and home visits can ensure the employee remains in the loop. Recognize the employee's return with a reception and maybe ask him or her to provide a speech or presentation of the international operations. Additional services might include retraining courses, reverse culture shock counseling, and outplacement services for the employee's spouse.

Offshoring

is the act of getting work done in another country by local employees abroad that was previously done in house by domestic employees. Although benefits are usually lower costs, better availability of certain skills, and getting work done through faster channels, offshoring frequently receives criticism for transferring jobs, language and cultural barriers, and intellectual property or geopolitical risks. However, sometimes the business reasons for offshoring are strategic: to reach new markets or talent pools not available domestically. Some countries that receive allocated work from the Americas include India, China, Russia, Mexico, Philippines, Brazil, and Hungary due to the allegedly lower cost of labor in these areas. The rush of outsourcing information technology, human resources, and other white-collar jobs may continue, but companies will need to consider pros and cons, training and knowledge transfer, as well as cultural traditions to make operations successful. Otherwise, the quality of products and services may decline, cultural challenges may arise, and consumer backlash could impact company image.

Fair Labor Standards Act (FLSA) of 1938

sets minimum wage standards, overtime pay standards, and child labor restrictions. The act is administered by the Wage and Hour Division of the Department of Labor. FLSA carefully separates employees as exempt or nonexempt from provisions, requires that employers calculate overtime for covered employees at one-and-one-half times their regular rate of pay for all hours worked in excess of 40 hours during a week, and defines how a workweek should be measured. The purpose of minimum wage standards is to ensure a living wage and for low-income families, minority workers, and women to reduce poverty. The child labor provisions protect minors from positions that may be harmful or detrimental to their health or well-being and regulates hours minors can legally work. The act also outlines requirements for employers to keep records of hours, wages, and related payroll items

EEOC

was created to enforce Title VII and the Americans with Disabilities Act. The EEOC holds jurisdiction over any charges under those titles and has the power to authorize or bring suit in federal court on behalf on an employee. The EEOC may help an aggrieved party prosecute or issue a right to sue notice, giving permission for the person to pursue the case independently. The primary responsibility of the EEOC is to prevent discrimination based on race, color, religion, sex, origin, disability, or age. Employers are obligated to furnish any information the EEOC requests, including annual reporting for employers with 50 or more employees. There are five steps the EEOC follows when handling discrimination cases: 1) a charge is filed—within 180 days, 2) an attempt at a no-fault settlement, 3) an EEOC investigation, 4) an attempt to resolve through conciliation, 5) a recommendation for or against litigation. Drastic remedies may be decreed upon an employer found guilty of discrimination, not limited to reinstatement of employee, back pay, elimination of testing, hiring quotas, and new training programs.

ADA

was established in 1990 to protect individuals with a mental impairment that substantially limits their performance of a major life activity from job discrimination. The law requires that all employers with 15 or more employees make reasonable accommodations to employ disabled people. Further, the Equal Employment Opportunity Commission (EEOC) has noted that the following impairments will easily be concluded to meet the definitions of a disability: deafness, blindness, intellectual disabilities, partially/completely missing limbs, mobility impairments that require the use of a wheelchair, cerebral palsy, diabetes, autism, epilepsy, HIV/AIDs, cancer, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, posttraumatic stress disorder, obsessive compulsive disorder, and schizophrenia. Individuals are considered otherwise qualified if they can perform the essential functions of the job with reasonable accommodations. There may be occasions in which the act does not cover people who have disabilities that might pose a direct threat to themselves or the general public because reasonable accommodations cannot eliminate the potential threat

Vocational Rehabilitation Act

was intended to increase occupational opportunities for disabled individuals and to prohibit discrimination against "handicapped" persons. The Rehabilitation Act applies to federal government contractors and subcontractors holding contracts or subcontracts of $10,000 or more. Contractors and subcontractors with greater than $50,000 in contracts and more than 50 employees must develop written affirmative action plans that address hiring and promoting persons with disabilities. Although there are regulations that protect those engaged in addiction treatment, this act does not protect against individuals who currently suffer with substance abuse that prevents them from performing the duties of the job or whose employment would constitute a direct threat to the safety and property of others.

National Labor Relations Act

was passed by Congress in 1935 after a long period of conflict in labor relations. Also known as the Wagner Act, after the New York Senator Robert Wagner, it was intended to be an economic stabilizer and establish collective bargaining in industrial relations. Section 7 of the NLRA provides employees with the right to form, join, or assist labor organizations as well as the right to engage in concerted activities such as collective bargaining through representatives or other mutual aid. Section 8 of the NLRA also identifies five unfair labor practices: 1. Employers shall not interfere with or coerce employees from the rights outlined in Section 7. 2. Employers shall not dominate or disrupt the formation of a labor union. 3. Employers shall not allow union membership or activity to influence hiring, firing, promotion, or related employment decisions. 4. Employers shall not discriminate against or discharge an employee who has given testimony or filed a charge with the NLRA. 5. Employers cannot refuse bargaining in good faith with employee representatives.

IRCA

was passed in 1986 by Congress to reduce the volume of illegal immigrants coming into the United States for employment opportunities. The IRCA prohibits any employer from hiring illegal immigrants. Denying employment was considered necessary because border patrols could not handle the flow of unauthorized immigration. The act also prohibits employers with four or more employees from discriminating against applicants based upon citizenship or natural origin. The Homeland Security Act of 2002 transferred control of immigration from the Department of Justice to the Department of Homeland Security's two bureaus, the Immigration and Customs Enforcement (ICE) and the U.S. Customs and Immigration Services (USCIS). New employees of all U.S. employers are required to complete and sign an I-9 verification form designed by the USCIS to certify that they are eligible for employment. The form requires two types of verification: 1) proof of identity and 2) evidence of employment authorization. The I-9 form must be completely executed by both the employee and employer within three days of hire. Employers must retain these forms for three years or for one year past the date of termination, whichever is longer. Employers need to take proactive steps to make certain their workforce is lawful. At the very least, employers should verify information against the Social Security Administration.