Advanced Human Resource Management Marrett Test 2

Why is abnormally low turnover a bad thing?

0% turnover is not a great thing - you have duds that no one else wants, organization is stale and stagnating from no new ideas.

how has the definition of sexual harassment changed over time?

1980 - established quid pro quo and hostile working environment 1993 - made it generic harassment, removing the sexual piece and made it more applicable to less specific cases, had more to do with interfering with work performance based on any class Current - can sue of any gender; bystanders can sue

positive aspects of a low-performing employee getting fired (involuntary)

A validation that the performance management system is working Managers are doing their job Same benefits as if they quit.

external equity

An employee deciding if their pay is accurate according to their worth compared to what the competitors are paying their employees outside the company

internal equity

An employee deciding if their pay is accurate according to their worth compared to what their peers within the same company are making

accommodations under the ADA

An employer must provide reasonable accommodations for individuals with disabilities, unless undue hardship would be placed on the employer. Pre-employment medical examinations are prohibited except after an employment offer is made, conditional upon passing a physical exam.

exclusions to ADEA

Applies to all individuals above the age of 40 who work for employers having 20 or more workers Does not apply to people under age 40 you can discriminate on being too young - no protection

civil rights of 1964 (title 7)

Clause 1: employment decisions - you cannot hire, fire, or compensate based on protected class status Clause 2: treatment in the workplace - you can't segregate, treat differently, or limit opportunities based on protected class status

vance v ball university

Co-workers and those who are not your supervisor can sue. You can sue to employer if the co-worker or non-supervisor harasses you. An employer is vicariously liable for a hostile work environment created by a supervisor

controllable vs uncontrollable turnover rate

Controllable separation rate - employees who left for a reason that the organization might have been able to prevent or correct Uncontrollable separation rate - employees who left for a reason beyond the company's control

How has Sarbanes-Oxley impacted the code of ethics laws?

Does not require a code, but you have to disclose if you have one or not. This is peer pressure to encourage having one

causes of turnover

Employee fit with organizational culture Employee fit with job demands Violation of equity or psychological contract (compensation and benefits) Bad management or non-supportive work environment Perceived lack of support Perceived lack of job opportunities (no room for promotion/growth/salary)

ellerth-farager defense

Employer must prove two items: 1. It exercised reasonable care to prevent and correct sexual harassment problems in a timely manner. We use sexual harassment training to show that we are committed to the issue and acted in good faith to prevent it. 2. The plaintiff failed to use the internal procedures for reporting sexual harassment

Employer actions to reduce liability of sexual harassment accusations

Establish a written policy prohibiting sexual harassment Communicate the policy and train employees in what constitutes harassment Establish an effective complaint procedure Quickly investigate all claims Take action to correct past harassment Ensure plaintiffs don't end up in less desirable positions if they need to be transferred.

How is a culture formed? whether ethical or unethical

Founders of the company set the culture. Leaders are the role models. train new employees to act that way. Only hire those who think and feel the way they do Indoctrinate and socialize the employees to adopt their way of thinking

what is the effect of perceived inequity regarding the pay of your employees?

If underpaid, you match your effort to your pay. If overpaid, you feel guilty.

outcome orientation

Ignoring the processes used to get results is a classic recipe for encouraging unethical behavior. "Get the numbers. I'm ignoring what you did to get those numbers." High pressure situations that require results even if they're impossible. Numbers one and two together are the formula for telling them to cheat.

how do you encourage reporting

Make people feel safe from retaliation and anonymous. Make it easy for someone to report! Have strong anti-retaliation protections Give a risk-free avenue for reporting unethical behavior - a toll-free telephone number with voice mail, an e-mail address, a physical drop box

the positive aspects of a low-performing employee quits

No risk of wrongful discharge Possibility to promote from within Possibility to recruit for greater skills set Possible restructuring opportunities Possible budget realignment opportunities Possibility to increase diversity You don't have to go through the firing process They do not require severance pay

name some potential problems that limit the leaving employee from being completely honest in exit interviews

People might not want to burn their bridges Don't feel anonymous or confidential Don't want to get others in trouble Don't want to endanger a good reference check

who must comply with the civil rights act of 1964?

Private employers of 15 or more persons who are employed 20 or more weeks per year. All educational institutions, public and private State and local governments Public and private employment agencies - staffing firms for temporary jobs Labor unions with 15 or more members Joint (labor/mgt) committees for apprenticeships and training

who is exempt from complying?

Private membership clubs Religious organizations Schools, associations, or organizations hiring Native Americans on or near reservations.

americans with disabilities act

Prohibits discrimination against individuals with disabilities who can perform the essential job functions

onacle v sundowner offshore services

Protects against same-sex harassment Threatened with rape, even though it had nothing to do with sexual attraction

what are the protected classes?

Race, national origin, color Gender Age (individuals over 40) Individuals with disabilities Religion (special beliefs and practices) Military experience/service obligations

notes about lack of employee fit with organizational culture (a cause of turnover)

Realistic job preview: need someone who can handle the good and the bad Ensure that the interview questions assess the fit with the culture and work habits Ideal = the demands of the job are equal to the abilities of the employee

ellison v brady

Reasonable person or reasonable person with the same fundamental characteristics as the plaintiff Because men and women have different reactions and tolerances Defined the standard of what is sexual harassment? Females have lower tolerance and are more sensitive

regrettable vs non-regrettable turnover

Regrettable - employees who left the company but the company planned to retain; the good employees Non-regrettable - employees who left the company but that didn't hurt the company; the poor performers

equal pay act

Requires employers to pay similar wage rates for similar work without regard to gender. (similar job positions)

religion accommodations and issues

Someone who observes the Sabbath when asked to work weekend shifts. BFOQ - availability on the weekends; legally justifies discrimination not hiring someone who observes that Many religions have days of worship other than Sunday, and recognize religious holidays specific to their religion. Employers are advised to offer alternative work schedules, make use of compensatory time off, voluntary shift substitutions or modification of work policies or practices. Employers should allow religious expression among employees to the same extent that they allow other types of personal expression that are not harassing or disruptive. If you say yes to one, you say yes to all

steps to comply with EEOC

Step 1. Take no retaliatory action. Keep their working conditions the same. Step 2. Conduct your own investigation and consult a labor lawyer Step 3. Comply with any requests from the EEOC - information: statement of position, data, compensation records, employee contact info for interviews Step 4. Decide how to respond - settle/negotiate/oppose the complaint (assuming the EEOC certifies the complaint)

possible solutions if your employee feels like they have a lack of job opportunities there...

Succession planning - keep talented people and explicitly tell them your plans to promote them Training and development Being creative with work assignments; promotion in responsibility

positive aspects a high-performing employee quits

THIS IS A WARNING. SOMETHING IS WRONG. opportunities to improve: employee development program with training and promotions salary/benefits plan becoming more competitive diversity program performance management system and replace bad managers

aggressiveness

The more competitive and aggressive the culture is, the more likely unethical behaviors will occur.

high risk-taking

The more risk you encourage employees to take, the higher potential for loss—employees may act unethically to cover their mistakes/losses This is only not a predictor if it's okay to fail. If failure is not an option, you force your employees to cheat to cover up the failure. Ex: stock market, financial statements, accounting fraud

what law provides the legal basis for sexual harassment cases

Title VII of Civil Rights Act of 1964 - gender discrimination

Why would you want to measure more specific turnover rates than just straightforward turnover?

To figure out where the problem is, if it is coming from a single department, this can be a warning sign of a bad manager. Most people stay at least one year, so if they stay less, it makes the place look unstable or undependable

bfoq

a characteristic providing a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration

business necessity

a practice necessary for safe and efficient organizational operations; strategy = Hooters

quid pro quo

an exchange of sexual favors in return for a job-related benefit or even just keeping their job

purpose of exit interviews

chance to identify the source of turnover identify areas to improve chance to convince employee to stay

one important question in the exit interview

did anyone in this organization discriminate against you, harass you, or cause hostile working conditions? This is to protect the company legally, showing that they gave the employee the opportunity to report/come forward. This shows that they are acting in good faith to prevent harassment.

differences in pay are allowed for these reasons.... under the equal pay act

differences in seniority performance in quality and/or quantity of production - hazardous working conditions factors other than sex (skill, effort, working conditions)

secret pay

employees are not allowed to talk openly about pay; increases inequity because employees don't know if you're being fair or not Informal, not written in the handbook Cannot have a policy prohibiting the discussion of pay under the National Labor Relations Board They cannot fire you for talking about compensation

open pay

employees can talk to others about what they are being paid; forces management to be equitable in pay decisions

hostile work environment

harassment occurring at work that is sexual and offensive, undesirable; so distracting that it impacts your work performance

name the four cultural dimensions

high risk-taking outcome orientation aggressiveness low/no people orientation

notes about a lack of employee fit with job demands (a cause of turnover)

if overqualified, bored. If underqualified, overwhelmed. Onboarding helps here - training the employee at the beginning of their job lowers turnover because they feel like they know what they are doing

low/no people orientation

if you don't consider how decisions will impact others, it is easy to act unethically. If your organization doesn't prioritize treating its employees well, employees may retaliate and act in ways that hurt the company. This is you not considering how your decisions hurt humans

immigration reform and control act

illegal for employers to discriminate in recruiting, hiring, or terminating based on individual's national origin or citizenship, but you can ask "is it legal for you to work here"

essential job functions

knowledge, skills, and abilities that are the fundamental job duties; written down in the job description legal documentation of these protects you with ADA

age discrimination in employment act

makes it illegal for an employer to discriminate in compensation, terms, conditions, or privileges of employment because of an individual's age

forms of retaliation experienced

most common = cold shoulder least common = physical danger or harm

notes about bad management (a cause of turnover)

non-supportive environment high stress environment bullying - bystanders are just as impacted Perceived lack of support

disparate treatment

occurs when protected-class members are treated differently from others on purpose. ex - female applicants must take a special skills test not given to male applicants

disparate impact

occurs when there is substantial under-representation of protected-class members as a result of employment decisions that work to their disadvantage

pregnancy discrimination act

requires employers to treat pregnant employees the same as non-pregnant employees with similar abilities or inabilities

disabled person

someone who has a physical or mental impairment that substantially limits that person in some major life activities, who has a record of such impairment, or who is regarded as having such an impairment

what is the most popular method for reporting?

talking to the supervisor

involuntary turnover

when a company fires or removes the employee

psychological contract

when an employer promises something to the employee. If that is broken, the employee feels cheated and might adjust their performance or leave (increase turnover)

voluntary turnover

when the employee chooses to leave you on their own free will - retire, quit, resign this is what you're trying to control because it was your fault

centralization vs decentralization

where the pay decisions are made... If centralized, all pay is determined by some central office. This increases consistency, so it reduces inequity If decentralized, individual managers decide. This depends on the managers' own philosophy about pay, so it increases inequity