MGMT Exam 1

4/5 Rule

"A selection rate for any race, sex, or ethnic group which is less than 4/5ths (80%) of the rate for the group with the highest rate will be will be regarded as adverse impact, while a greater than 4/5ths rate will generally not be regarded as evidence or adverse impact." There is a prima facie evidence for disparate impact case against faulted party if 4/5ths rule is violated For an employer to defend, they need to show that this happened because of selection criteria which is predictive of job performance.

If in Violation of the Equal Pay Act

- Must eliminate gap - Can NOT lower higher pay to lower, must raise lower wage to higher bracket

Uniform Guidelines on Employee Selection Procedures (1978)

- Not a law, but guidelines from those who enforce the law - Businesses need to keep records on employment matters (male/female, white/asian/black/etc.) - Data on selection rates (# hired/ # applicants) should be kept for each group (white, black,male,female) - Set forth 4/5 rule

Results of Human Relations Movement

- Organizational Behavior (OB) - Industrial Organizational Psychology (I/O Psych) - Human Resources Management (HRM)

Genetic Information Nondiscrimination Act of 2008

- Prohibits discrimination in employment because of genetic information - Prohibits an employer from requesting an employee's genetic information, except for certain allowed purposes ex. family history of ovarian cancer, cannot avoid promoting an individual with this history because of worry of their future health

For proof of hostile environment

- Reasonable person standard - for what is considered offensive - Courts applied this reasonable person standard - There is more gray area than with quid-pro-quo

Executive Order 11246

- Requires federal contractors and subcontractors to take AA in their employment actions - Must complete utilization analysis to determine if there is a racial imbalance

McDonnell Douglas v. Green

- St. Louis arch protest, protesting against employer & not hired back. - Disparate treatment case - As a result, U.S. Supreme Court set forth a shifting burden of proof standard for analyzing disparate treatment cases. (Requirements for prima facie case for disparate of disparate treatment)

Internal Environmental Factors

- Strategy - Goals - Organizational Culture - Nature of the task - Work Group - Leader's style and experience

Thelma Jones Accountant at public firm for five years Was considered for partnership, held for reconsideration Partners in the firm indicated she was overly aggressive, unduly harsh, difficult to work with, impatient with staff. Was told she should walk more femininely, talk more femininely, dress more femininely, wear make-up, style her hair, wear jewelry.

- Title VII discrimination, sex discrimination - Consider disparate impact and disparate treatment > disparate treatment - Under disparate treatment, it is intentional, can recover punitive damages "overly agressive" and "unduly harsh" Would men be described similarly? No - Motivated - Go-getter - Strong Real Life Case - Pw vs. Hopkins

Response to Workers' Movement into Factories

- Unions emerged - Small laws were passed, minimum wage laws for men, child working hour regulations - Conditions in factories improved minimally

Equal Pay Act of 1963

- Unlawful to pay different rate to the opposite sex. - Same job-Same Company-Same rate of pay for men and women - "Equal work on jobs that require equal skill, effort, and responsibility under similar working conditions in the same establishment." - Applies to pay and benefits - Pay differences can be based on seniority systems, merit (performance), or incentive pay plans (# of units produced)

Further AA Cases

Applicants need to be evaluated on an individual basis, and race, etc. can be one factor used in the evaluation process as long as other competitive factors are considered.

Mass Production System

Assembly line emerges, more advanced equipment, higher costs - In order to maintain profits, the Scientific Management Movement was started

Who oversees all the employment/discrimination related laws?

Equal Employment Opportunity Commission (EEOC)

Employment Forecasting

Estimate in advance the number of people and types of people that are needed to meet an organizations objectives

Bona Fide Occupational Qualification (BFOQ)

Exception to Title VII - Makes discrimination in employment according to religion, sex, age, or national origin permissible when such a qualification is a 'bona fide occupational qualification' "reasonably necessary" to the operation of the business. - Race and color will never qualify examples: - hiring Lutheran pastor for Lutheran church - semester to learn how to draw nude male/female for art class. can turn away other sex applicant - Male/female bathroom attendant can also turn away other sex applicant Preference is not a good enough reason for a BFOQ ex. Hooters

Human Factors

Factors inside people, motivation, commitment

During/Post Industrial Revolution

Factory System - Cottage industry shut down - Unskilled workers in factory - 100's of people to divide labor - Workers concentrate in factory Industrial Revolution was economic success

Scientific Management Movement

Fathered by Fredrick Taylor - Find (through studies) the 'one best way' to do a job - Studied job of shoveling at Bethlehem Steel - Get more out of each worker by implementing the one best way - Efficiency increased

Relay Assembly Test Experiments

For test (experimental group): - Changed the supervisory arrangement, there was not an official supervisor, workers now operated under general direction of the experiments - The workers were also given special privileges - talking to employees, bathroom breaks, etc. - Productivity increased over the period of the study regardless of how the factors were manipulated (light in room, etc.) - Interviewed women, which was unheard of at the time Concluded: 1. The Women found working in the new test room enjoyable 2. The new supervisory relationship during the experiment allowed the subjects to work freely without fear 3. Subjects become friendly as a group 4. Researchers concluded that human factors within organizations could significantly influence production. Out of these results came the Human Relations Movement

Andrew Johnson Black maintenance worker, referred to as chicken little, sparerib kid, boy, and watermelon man by his white superior. These names were used in the presence of others Despite several complaints to management, name calling continued After investigating the complaint, the superior was instructed to stop the name calling Johnson was injured on the job shortly after, and while at home recuperating, his supervisor called to say he accepted his resignation Johnson denied resigning and wrote asking for his job back

Race discrimination under Title VII

Undue Hardship

Required to provide reasonable accommodation unless it imposes undue hardship , would investigate what is reasonably considered undue hardship

EEOC def. of Sexual Harassment

"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of employment 2. Submission to or rejection of such conduct is used as a basis for employment decisions (Quid pro quo - this for that) 3. Such conduct has the purpose or effect of interfering with a person's work performance or creates an intimidating, hostile, or offensive working environment (Hostile environment sexual harassment)

Age Discrimination in Employment Act of 1967

(amended in 1978 & 1986) - Employers (20 or more employees) are required to provide EEO on the basis of age - Age 40 and above - Age can be a BFOQ - Cannot indicate preference for younger person (in promotional materials) unless it is because of a BFOQ

Pregnancy Discrimination Act of 1978

(amendment to CRA of 1964) - Cannot be fired, refused a job, promotion, etc. because of pregnancy - Usually cannot force a pregnant woman to go on leave as long as she is able to work - Pregnant employees must be treated on an equal basis with employees having other medical conditions (must be consistent)

Civil Rights Act of 1964 / Title VII

(as amended by the EEO Act of 1972) - Lyndon Johnson worked to pass the Civil Rights Act of 1964 follow Kennedy's assassination. 1. Employer may not discriminate on the basis of race, sex, color, religion, or national origin in regard to employment practice. (hiring, compensation, etc.) 2. Employers and unions may not discriminate in apprenticeship programs. 3. May not discriminate against an employee or applicant because he or she has opposed an unlawful employment practice or has been involved in a Title VII investigation. 4. Prohibits employment advertisements from indicating any preference, limitation, specification, or discrimination unless it is in relation to a bona fide occupational qualification

Civil Rights Act of 1991

(most recent and only law covering disparate impact) DI is unlawful employment practice when a complaining party shows that an organization uses a particular practice that causes a DI and the organization fails to demonstrate that the challenged practice is job related for the position in question and a business necessity. OR The plaintiff demonstrates an effective alternative employment practice to the one that is causing the DI and the organization refuses to adopt the practice. - This Act also made it illegal for a business to adjust scores or use different cutoffs - race/gender norming - Extend CRA to cover the house and senate - Expands the scope of Title VII and ADA to apply to U.S. citizens employed in foreign countries by U.S. based employers --Exception: If following the CRA, Title VII, or ADA would cause an individual to break foreign country laws, you do not need to follow Title VII or ADA

Americans with Disabilities Act of 1990

- 15 or more employers - May not discriminate against qualified disabled people in employment matters - Protects applicants and employees from discrimination based on their relationship or association with an individual with a disability

Minnesota State Discrimination Laws

- Applies to employers with one or more employees - Covers discrimination based on race, color, creed, religion, national origin, sex, disability, age, marital status, familial status, sexual orientation, public assistance status, membership or activity in a local commission. - 'Age' means age of majority - 18 - Creed: beliefs maybe not unique to themselves but not an established religion

North Dakota State Discrimination Laws

- Applies to employers with one or more employees - Covers discrimination based on race, color, religion, sex, national origin, age, disability, marital status, public assistance status, and "participation in lawful activity off the employers premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer."

The Immigration Reform & Control Act of 1986 (IRCA)

- Applies to every employer in the U.S. and every employee (Temporary, FT, PT) - Makes the enforcement of national immigration policy the job of every employer 1. May not hire or employ "unauthorized aliens" 2. Must verify the identity and work authorization of every new employee - Must examine documents provided by job applicants - Employer and employee sign an I-9 form attesting under penalty of perjury that the employee is legally eligible to work in the U.S.

Vocational Rehabilitation Act of 1973

- Applies to federal agencies, recipients of federal financial assistance, and federal contractors - Contract level $2,500 - Prohibits discrimination on the basis of of mental or physical handicap

Vietnam Era Veterans Readjustment Assistance Act of 1974

- Applies to federal contractors (Supply food to Minot Air Force Base - contract level $10k) - Must take affirmative action in hiring and promoting disabled veterans and Vietnam-era veterans - Must list all relevant job openings with state employment offices - State employment offices are required to give priority status to these veterans when making employment referrals

Family and Medical Leave Act of 1993

- Applies to federal, state, and private sector employees with 50 or more employees within 75 miles of a workplace (for companies with multiple branches) - Employees must have worked for the employer for at least 12 months before the start of lease (needs to have been 1,250 hours worked in the first year) Employees may take up to 12 work-weeks of unpaid leave for: (12 weeks need not be consecutive) 1. Care for the employee's child after birth, or placement for adoption or foster care 2. Care for a family member who has a serious health condition (spouse, minor child, parents) 3. A serious health condition that makes the employee unable to perform his/her job Additions under the Bush Administration 4. Because of any qualifying extingency arising out of a fact that a family member of the employee is on active duty (or has been notified of an impending call or order to active duty) in the armed forces in support of a contingency operation ex. Dad can take up to 12 weeks to transition kids from mom's care (mom is in armed forces) to daycare 5. Family member of a member of the armed services who incurred an injury or illness in line of duty in the armed forces that renders the member medically unfit to perform their duties is entitled to a total of 26 work-weeks of leave to care for the service member. They must be returned to their same or similar position

Uniformed Services Employment and Reemployment Rights Act of 1994

- Covers all employers - Prohibits employment discrimination on the basis of past military service, current military obligations, or intent to serve - Employees who are absent from work due to military service are entitled to reinstatement if they provide notice of the military service - Employers are not required to reinstate the employees if conditions have changed making re-employment unreasonable or an 'undue hardship' - Employer has the burden of proof in justifying not rehiring

Break Time for Nursing Mothers

- Employers with fewer than 50 employees are not subject to the regulation of if it would impose undue hardship (if can demonstrate how undue hardship would arise + less than 50 employers, don't have to comply) - Applies to non-exempt employees - Required to provide "reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has been to express the breast milk." - Employers are required to provide a private place other than a bathroom where mothers / employees can express breast milk

Veterans Employment Opportunity Act of 1998

- Extended to 'recently separated veterans' (served on active duty during prior year) and 'other protected veterans' (served during a war or campaign)

Scientific Management Movement was a huge success

- Found out what was missing accidentally via the Hawthorne Studies

External Environmental Factors

- Government requirements, regulations, laws - The union - Economic conditions (unemployment rate) / domestic and international - Competitiveness - Composition of the labor force (older 'baby boomer' workforce - Location of the organization

History of Human Resource Management

- HR Processes really came about in the late 1800's following (and during) the industrial revolution

Abdul Mohammed Pakistani-American, employed as a steelworker. Devout Muslim Asked management to provide a room for him and five others to perform daily prayers during lunch hour. The plant was located miles from nearest mosque, however management said they did not have a room that could be used for this purpose Mohammed and peers were forced to recite their prayers in full view of other employees Other employees ridiculed them during their prayers and called them derogatory names. Mohammed and fellow Muslims asked once again for management to find a private place for them to pray. Management denied their request.

- If can prove would be an undue hardship, may not be illegal discrimination - You are legally required to provide reasonable accommodation for religious activities - does not have to exactly meet request - production time will be done in hour, then you can go. Reasonable accommodations: - Empty room - Partitioned area in cafeteria Under Christianity, a request for room for bible study is not required because bible study is not a requirement of religion

Common Elements of a Job Description

- Job position/title - Job ID section - department, salary, grade, effective date (Effective date is very important, if job has changed at all since this date, new tasks, technology, etc., job description should be updated to effect reality) - Summary statement - brief statement describing the purpose of the job - Detail of job duties - most important duties listed first (ones spent the most time doing are more important) - Job Specifications - Working conditions - Attorney Statement

Disparate Impact Discrimination

- When a facially neutral employment practice in reality has a significantly disparate impact on members of a protected group - First Court Case - Griggs vs. Duke Power -- The case tells employers they can use any employment practice they want, but if disparate impact is found they have to show that the practices is job related. (A valid predictor of job success) -- Court does not look at whether a business intends to discriminate. It looks at what the consequences of the employer's acts are.

Reasonable Accommodations

- Widen doors for wheelchair accessibility - Wheelchair accessible desks - Large magnifying glass for legally blind individual

Who does the CRA of 1964/Title VII apply to?

1. All private employers (non-government) in interstate commerce who employ 15 or more employees for 20 or more weeks a year 2. State + local governments 3. Private + public employment agencies 4. Labor-management committees that govern apprenticeship or training programs 5. Labor unions having 15 or more members or employees 6. Public + private educational institutions

Requirements for Prima Facie case of Disparate Treatment

1. Belong to a racial minority 2. Applied for and was qualified for a job which employer was seeking applicants 3. Despite qualifications was rejected 4. After rejection, the position remained open and the employer and the employer continued to seek applications from persons similar in qualifications to the plaintiff.

Who is excluded from coverage of the CRA of 1964?

1. Congress 2. US Government-owned corporations (some prison organizations) 3. Tax exempt private clubs (country club with rigorous application process) 4. Religious organizations employing specific religions 5. Organizations hiring Native Americans on or near a reservation

Steps for Assessing External and Internal Environmental Factors

1. Diagnose: managers typically diagnose a work situation by observing and identifying key factors 2. Prescribe 3. Implement: Deciding when, how, and whether a solution can be implemented is a complex set of considerations that managers face 4. Evaluate: Evaluation tells managers how and whether to improve the diagnosis, prescription, and implementation steps.

Two Ways to a Discrimination Case

1. Disparate Impact 2. Disparate Treatment

4 types of Employment Forecasting

1. Expert Estimate technique - Most often used, not very sophisticated 2. Trend-projection Technique - Trend Analysis - Develops a forecast based on a past relationship between a factor related to employment and the employment level 3. Modeling & Multi-Predictive Techniques - Very sophisticated - Most expensive - ex. Markov's chain, multiple regression, simulation 4. Unit-Demand Forecasting Technique - bottom-up approach

Guidelines for AA Plans

1. Should show a racial (or other) imbalance 2. The AA should be temporary 3. The plan should not totally exclude whites (or other groups)

Defenses for Employer in Disparate Treatment Case

Employer may give a legitimate non-discriminatory reason for rejection

How Job Analysis information is gathered

1. Interviews 2. Observation 3. Questionnaires 4. Diaries No one best method, depends on the job, weight advantages and disadvantages to figure out the best method - multi method job analysis approach

Two documents derived from Job Analysis

1. Job Description 2. Job Specification

Remedies to Title VII case

1. Make whole - employer must recreate situation like it never happened 2. Punitive damages for cases of intentional discrimination (as of CRA of 1991) disparate treatment must be established 3. Court can order affirmative action to remedy past discrimination

Disadvantages to Industrial Revolution & Movement of Workers into Factory

1. Monotonous, boring jobs 2. Poor bargaining position - plenty of other interested parties 3. Dangerous jobs - no OSHA back then, no safety equipment 4. Low pay 5. Children were exploited - no laws protecting children until 1938 These problems started to seep into public consciousness

Systematic HR Planning Process

1. Situation Analysis and Environmental Scanning - Labor, market, economy, etc. - Where does company want to be? - Situation analysis - what are strategies and goals of company? 2. Forecasting HR demand - Employment forecasting - 4 types 3. Analyzing the Supply of HR - start internally, then look externally - Supply analysis 4. Action Plan Development - Balancing supply and demand - When supply of workers is less than forecasted demand, this is shortage. -- Train those in surplus into shortage position -- Hire people -- Promote individuals into shortage position -- Offer overtime to current employees (especially popular in seasonal times) - When demand is lower than supply of workers, this is surplus -- Train these employees into a different area -- Early retirement incentives -- Layoffs

Executive Order 11246 Requirements

1. Utilization Analysis - How many males/females, managers/associates, white/black/hispanic/asian - In company? In City? - If your numbers are less than city, then you're under utilized, need to take AA. 2. Goals and Timetables 3. Action Steps - Redo recruitment materials - Reach out to Women in Business club

AA Case can come about 3 ways

1. Voluntarily 2. Court Ordered 3. Required by law or executive order

4. Diaries

A recording by job incumbents of job duties, frequency of the duties, and when the duties are accomplished. Permits examinations of the routineness or nonroutineness of job duties. Useful when attempting to analyze jobs that are difficult to observe, such as those performed by engineers, scientists, and senior executives. Advantages: - If done correctly can provide rich detail - Useful for jobs that are hard to observe Disadvantages: - May not take seriously - May embellish - compare across multiple individuals - Not much control by job analyst

Job Specification

A written explanation of the knowledge, skills, abilities (KS&A) that are necessary to effectively perform a job. - Indicated minimally acceptable selection standards

Disability

A. A physical or mental impairment that substantially limits one or more of the major life activities of an individual B. A record of such an impairment C. A person regarded as having such an impairment Current illegal drug user - not disabled vs. former, rehabilitated illegal drug use - are disabled, cannot discriminate against in hiring decisions AIDs is considered a disability

Medical Exams

Can only be required after an offer of employment has been made

Employee Rebuttal in Disparate Treatment Case

Employee gets the final say - Plaintiff has an opportunity to show that the employer's reason was just a pretext (excuse)

Pre-Industrial Revolution

Cottage Industry - Shoe makers, hat makers - Production was start to finish - Few, skilled workers

Meritor Savings v. Vinson

Court looked at whether the alleged sexual advances were unwelcome, instead of if sexual activity was voluntary - Vinson won, on basis of definition of sexual harassment, which says "unwelcome" - Look at voluntary vs. unwelcome

Edward Roberts Black truck driver Applied in person for a tractor trailer truck driver position Listed 22 months of prior experience Was never interviewed or contacted by the company Later saw an identical advertisement Roberts learned that 8 individuals, all white, had been hired, each with less than 22 months of experience

Discrimination under CRA '64, Title VII - Disparate treatment - this was intentional - to establish discrimination 1 .belongs to a racial minority 2. Applied for and was qualified for job seeking applications 3. Was rejected for employment 4. Company continued seeking applications for similar qualifications - Employer could argue legitimate non-discriminatory reason - Edward could show that reason given by the employer was a pretext - This case would still be valid even if 8 white people hadn't been hired - The fact that he applied in person is important, in order to argue race discrimination company would need to have indication of race, they knew his race

Firing

Employee driven, fault of employee, cannot collect unemployment

Conducting a job analysis

HR department is responsible for doing this, may also hire consultants to perform

How a company can protect against a sexual harassment suit - according to courts

Have a sexual harassment policy - Identify definition of sexual harassment - Layout how to report to neutral person in company - Make sure that employees see this policy

3. Questionnaires

Includes specific questions about the job, job requirements working conditions, and equipment. General tips for making these the most effective they can be: - Keep it short - Explain what it is being used for - Keep it simple - Test it before using it Advantages: - Cheaper & quicker to administer - Often can be completed at respondents leisure Disadvantages: - Time-consuming and expensive to develop - Misunderstandings/ no clarification

Supply Analysis

Internal supply - Skills inventory - database of non-managerial employees and their skills - Management inventories - management employees, what types of projects they have worked on - Replacement chart - used in succession planning External Supply

Equal Employment Opportunity Commission (EEOC)

Investigates complaints - Try to settle complaints - If EEOC doesn't find grounds for a complaint, it will give a complaining employee a letter of right to sue on their own - If EEOC finds violation, they will recommend a remedy, and if employer doesn't agree to remedy, the EEOC can file a suit in federal court

Frank Poole Teacher for hearing impaired students for six years Was hospitalized with pneumonia, and was subsequently diagnosed with having AIDS. County medical examiner said that Poole's condition did not place students or others at any risk Department of Education reassigned Poole to administrative position and barred him from teaching in the classroom

Law violation - ADA - Specialized teacher put into administrative job, not an equal position - Individual had disease, school acted upon disease, and individual was returned to different position because school may receive government funding, vocational rehabilitation act may apply - He does not have to reveal his disability

1. Interviews

Most common - interviewing people already in the job Advantages: - Job incumbent can relate aspects of the job that can't normally be observed, they know the job the best Disadvantages: - Trust issues - Employees may embellish (one way around this is to interview multiple people and check for similarities) - Expensive and time consuming - lost production time

Direct Threat

Significant risk to the health and safety of others that cannot be eliminated by modifications, etc. ex. person with heart condition who may lose consciousness unexpectedly, wouldn't hire them to operate heavy machinery - would pose direct threat - this isn't illegal

Human Relations Movement

Study of things inside people

Voluntary AA Case

Weber v. Kaiser Example: Assume 10 Openings Whites Hired 1. Smith (15 yr) 2. Jones (8 yr) 3. Anderson (8 yr) 4. Pierce (7 yr) 5. Hill (7 yr) Blacks Hired 6. Lambert (10 yr) 7. Hall (10 yr) 8. Burns (9 yr) 9. McCail (7 yr) 10. Tucker (5 yr) Weber had 6 years of experience for this job, could argue discrimination because he had more experience than Tucker.

Equal Employment Opportunity (EEO)

The employment of individuals in a fair and non-biased manner

Human Resource Management (definition)

The function performed in organizations that facilitates the most effective use of people (employees) to achieve organizational and individual goals

Job Description

The principal outcome of job analysis A written statement of the tasks, duties, and responsibilities of a job to be performed

HR Planning

The process of anticipating and making provisions for the movement of people into, within, and out of the organization Both a process and a set of plans How organizations assess the future supply of and demand for Human Resources

Job Analysis

The process of gathering, analyzing, and synthesizing information about jobs - Systematic investigation of jobs - Objective and verifiable information about the requirements of jobs

How do we meet organizational and individual goals simultaneously?

The question guiding Human Resource Management practices

Sexual Harassment

This is considered sex discrimination under Title VII

Affirmative Action (AA)

Those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to EEO.

Layoff

Through no fault of employee, company cannot afford to pay all employees - Company driven, could be mis-management - Employee can collect unemployment for a period of time

Margaret Reynolds 5 foot 10 inches, 190 pounds Apply for fitness instructor job She has always been very healthy and fit - eats healthy foods, worked out five days a week, could do all the complicated aerobics and exercises Company rejected her application to teach because of her size. Reynolds did not look like women on company's promotional brochures or website Company argued that aerobics instructor had to look leaner than the public so that people will believe their services will make them improve, not just maintain their shape.

Weight discrimination is illegal in San Francisco, Michigan, etc. Otherwise may not have case, may not be ethical, but may not have case

James McFadden Transsexual, still biologically male Announced to employer that he intended to dress and act as a woman in preparation for sexual surgical reassignment Fired from pilot job for refusing to comply with requirement that he continue to dress and act as a man Alleged employer conspired to discriminate against him on the basis of sex (now to be female) and that he was treated differently from other women employed by the airline.

Title VII, under MN law this could be for transsexual and therefore discrimination - Title VII of CRA '64, cannot discriminate based on sex - have to look at congressional intent - in 1964 they likely meant male/female and equipment biologically, therefore not discrimination - Pw v. Hopkins: said sex stereotyping is a form of sex discrimination - The Supreme Court said "discrimination is illegal regarding transgender/ gender role discrimination" EEOC - broadens Supreme Court decision to include sexual orientation, discrimination against sexual orientation is illegal under Title VII because of path above. What do federal courts say? "We think Sexual orientation discrimination is wrong, but until congress/Supreme Court says it is wrong or interprets it to be wrong, we affirm it is not illegal" - While EEOC broadened definition, dept. of justice denied their broadening, saying sexual orientation is not covered.

Human Resource Management

Used to be known as Personnel Management until mid 1980's - This was to highlight the value of this area of a business - Recognition that people are an important resource to a business

Hawthorne Studies

Were originally designed as scientific management experiments by Fredrick Mayo Relay Assembly Test Experiments

Disparate Treatment Discrimination

When people are intentionally treated differently by an employer and this disparate treatment was because of their race, sex, etc. When employers apply different standards or treatment to different groups of employees or applicants based upon a protected category.

2. Observation

Works for jobs that are manual, standardized, and have a short job cycle ex. Jobs performed by an automobile assembly line worker, an insurance company data entry specialist, and inventory stockroom employee The job analyst must observe a representative sample of individuals performing these jobs This technique requires the job analyst to be trained to observe relevant job behaviors. Must also remain as unobtrusive as possible. Disadvantages: - May not see all job tasks - Job behavior vs. employee idiosyncrasies