HRM chapter 11
Early retirement and discrimination
Potential age discrimination suits A firm can avoid such charges by asking early retirees to sign written waivers of their right to sue under the Age Discrimination in Employment Act (ADEA). Older Workers Benefit Protection Act (OWBPA) Enacted in 1990 Written waivers must meet the standards stipulated by the OWBPA.
Conducting a disciplinary investigation
Proceed as follows: Get the facts Review applicable rules Meet with the employee Decide what kind of discipline, if any, to recommend Provide proper documentation
Forms of sexual harassment
Quid pro quo and hostile environment.
Intrusions on an employee's privacy can cause:
Resentment A climate of fear and suspicion Low morale Increased turnover Increased absenteeism Reduced productivity Expensive lawsuits
Pregnancy discrimination act(PDA)
Specifies that pregnancy discrimination is a form of sex discrimination and is therefore illegal. Employees who are temporarily unable to perform their jobs adequately because of a pregnancy-related condition must be treated in the same manner as employees who are temporarily disabled for other reasons.
The implied contract exception
Statements written in an employee handbook or made during a job interview can imply contractual agreements.
Guidelines for dealing with FPPs
-Comply with OSHA. -Minimize potential legal liability arising from birth defects. -Avoid publicity arising from lawsuits involving the birth of a deformed child. -Meet their moral obligation to prevent birth defects by keeping female employees away from workplace hazards.
EEOC guidelines
-Define sexual harassment and stress that such conduct will not be tolerated. -Establish a complaint procedure. The policy should designate an individual outside the direct line of supervision, such as an HR professional, to receive and investigate complaints. -Establish a time frame for investigations. Specify how long the investigation should take and when the firm expects a determination. -Establish appropriate penalties. State that anyone violating the sexual harassment policy will be subject to the appropriate penalty, which may range from a warning to a discharge. -Ensure confidentiality. Explain that the identity of both the complaining employee and the alleged harasser will be kept confidential. -Provide protection against retaliation.
Steps to take to deal with sexual harassment
-Establish a written sexual harassment policy. -Provide supervisory training. -Establish investigative guidelines. -Establish a committee of both men and women. -Establish a means of detecting unreported balances of sexual harassment.
Problems caused by sexual harassment
-Increase in employee turnover. -Increase in absenteeism. -Decrease in employee morale. -Lack of effective teamwork. -Poor productivity. -Employee stress/psychological problems are costly.
Poor performance
-Last resort. -Discharge was performance based. -Non-discriminatory. -Employer must provide adequate documentation. -An effective performance appraisal system is crucial.
Discrimination in the day to day treatment of employees
-Sexual harassment. -Pregnancy discrimination. -Family and medical leave. -Fetal protection policies(FPP). -Discharge and discrimination. -Layoffs and discrimination. -Early retirement and discrimination.
When is an employer held responsible?
-The employer is responsible for the acts of its agents and supervisory employees with respect to sexual harassment regardless of whether the employer knows or should have known of their occurrence. -The employer is also responsible if the employer knows or should have known of the conduct, unless it can show that it took immediate and appropriate action. -An employer is responsible for the acts of non-employees, if: >It knows or should have known of the conduct >It fails to take immediate and appropriate action >It has the ability to control the conduct of employees
Surveillance and monitoring Methods include:
Monitoring phone calls, e-mail, and Internet use Watching employees through closed-circuit televisions Using private investigators to watch employees outside the workplace
Layoffs and discrimination
Most frequent legal challenge—age discrimination Employer must demonstrate that the layoff was not simply a guise for discrimination. Companies must provide adequate documentation to justify decision. Companies must implement layoff in a nondiscriminatory manner, and be able to produce documentation. Claims of discrimination can also be refuted by statistical evidence.
Due process
Occurs when employees are informed of the charges against them and are given an opportunity to defend themselves.
The good faith and fair dealing exception
Occurs when there is no implied contract between the employer and employee but an implied promise of good faith and fair dealing.
Fetal Protection Policies(FPPs)
Organizational policies that exclude women of childbearing age from jobs with potential reproductive hazards. Women are only exempt if they can show proof of surgical sterilization.
Sexual harassment
-Affecting a large % of workers, especially women. -A form of sexual discrimination and violates Title VII of the Civil Rights Act. -Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature.
Quid pro quo
A form of sexual harassment in which victims are required to provide sexual favors in order to be hired, promoted, granted a pay raise, or allowed to keep their jobs.
Family and medical leave act(FMLA)
A law stating that firms employing 50 or more workers must grant employees up to 12 weeks of unpaid leave per year for the care of a newborn child, an ill family member, or their own illness.
Progressive discipline system
A system in which discipline is enforced in increasingly severe steps.
Freedom of Information Act of 1966
Aims to make most government records available to the public Any individual may gain access to these records with proper authorization. Exceptions exist for personnel files and medical information. The public may still be given access to this information if its right to know outweighs the individual's right to privacy. In the private sector, when releasing information about an employee, the employer must ensure that: The information is given in good faith. No malice is intended. The receiving party has a legitimate reason for wanting the information.
Statutes prohibiting wrongful termination
Anti-discrimination laws Employee Retirement Income Security Act Fair Labor Standards Act OSHA National Labor Relations Act Consumer Credit Protection Act Whistle-Blower's Protection Act The Fifth and Fourteenth Amendments to the Constitution
The public policy exception
Any doctrine that serves the needs of society; if public policy is violated, society will suffer harm.
Preventing wrongful termination
Avoid making any statements that promise long-term employment Include an at-will statement on the application form Place a disclaimer in the employee handbook The handbook is provided as a matter of information and is not to be interpreted as a contract. Train interviewers Ensure that discipline and discharge practices are fair. Make sure the fairness of any discharge can be proven through documentation.
Provisions of OWBPA and waivers
Be clearly written Inform employees of their rights under ADEA and OWBPA State that employees are not waiving their rights to claims occurring after the waiver is signed Provide the worker with something of value for taking early retirement Give the employee 21 days to consider the waiver Allow employees to revoke their decision up to 7 days after signing the waiver
Criteria an employer's search must meet
Company must have a reasonable basis for conducting the search. A set of written guidelines, issued by the company, should inform employees of its search policy. The person conducting the search should take all precautions to ensure the search is not conducted offensively or abusively.
Employment-at-will
Employers are free to discharge their employees for any reason, even an unfair one, unless the discharge is limited by contract by federal or state statutes.
Investigating claims of sexual harassment
Determine if the alleged behavior has actually occurred. If you conclude that the alleged behavior has occurred, determine if it could be legally construed as sexual harassment. Determine the appropriate action to take. Discipline for sexual harassment should be based on the severity of the behavior.
According to the Privacy Act of 1974, public sector employees have the right to:
Determine what information is being kept on them by their employers. Review that information. Correct erroneous information. Prevent the information from being used for a purpose other than that for which it was collected.
Hostile environment
Employees are subjected to unwelcome, intimidating work conditions.
How the HRM Department Can Help
Implement discipline and discharge policies Develop a conflict resolution mechanism Open-door policy Peer review panels Mediation Arbitration Use of an ombudsman Assist managers with workplace justice-related issues
Four privacy-related practices that are legally regulated
Information collection and use Search Surveillance and monitoring Enactment of workplace rules
Workplace justice laws
Laws that regulate the day to day treatment of employees. Competitive advantage could come from: -Low litigation costs. -Positive employee attitudes and behavior. -An excellent company image.
Recommendations for implementing surveillance and monitoring practices
Let employees know that they are subject to surveillance and monitoring. Explain to employees why surveillance/monitoring is taking place and how it will be implemented. Make sure that these activities are conducted for a job-related reason. Do not monitor restrooms or lounges unless there is a legitimate need to do so. Let employees participate in developing monitoring and surveillance policies.
Exceptions to the employment-at-will doctrine
The public policy exception. The implied contract exception. The good faith and fair dealing exception.
Just cause
The reason for an employer's action is fair.
Conducting a disciplinary conference
Typically represents the first step in a progressive discipline system—the oral warning It is supposed to correct, rather than punish, behavior. The key is to ensure that the employee understands: What he or she has done wrong Why the behavior must be corrected How the employee can correct the behavior Furthermore, the offender must promise that the inappropriate behavior will stop.
