The policies, practices, and systems that influence employees':

• Behavior
• Attitudes
• Performance
  

1. Analysis and design of work
2. HR Planning
3. Recruiting
4. Selection
5. Training and Development
6. Compensation
7. Performance Management
8. Employee Relations
   

1. Administrative

• e.g. legal compliance and paperwork

2. Operational

• Managing employee relationship issues

3. Strategic HR

• Business strategies
  

Trends in HRM:

Labor Force

Trends in HRM:

Employment Relationship

• The traditional psychological contract that states employees provide work in exchange for job security and opportunities for promotion is no valid anymore
• Now, organizations are expecting the top performance and longer work hours, but are unable to provide job security
• Instead of this, employees are looking for flexible work shedules, comfortable work environments, greater autonomy, and performance-related financial incentives

Legal Issues in Employment

Sources of Employment Law

• Legislative
• Congress
• Makes Laws
• Judicial
• Supreme Court
• Interprets Laws
• Executive
• President + agencies
• Enforces the laws

Legal Issues in Employment

1964 Civil Rights Act (Title VII)

Damages allowed?

Prohibts discrimination in employment based on race, color, religion, sex, or national origin.

No punative damages.

Legal Issues in Employment

1866 Civil Rights Act

Damages allowed?

Illegal to discriminate against people based on race.

Allows for punative damages.

Legal Issues in Employment

1991 Civil Rights Act

Damages allowed?

Amends Title VII:

• Prohibits quotas of protected classes
• Allows for punative damages
• Shifts burden of proof back to employer - employer must prove that they were not in violation

Legal Issues in Employment

1938 Fair Labor Standards Act

Legal Issues in Employment

Equal Pay Act

Prohibits unequal pay for the same job.

Legal Issues in Employment

Executive Order 11246

What ammendment did another executive order after it make to this one?

Same as Title VII (except sex)  but also requires affirmative action for gov’t agencies & contractors

  Executive Order 11375 - Added sex-based discrimination to E.O. 11246

Legal Issues in Employment

Age Discrimination in Employment Act

1967? 1978? Today?

• 1967 - Prohibits employment decisions based on age when person is 40-65
• 1978 - ...when person is 40-70
• Today - ...when person is over 40

Legal Issues in Employment

1970 Occupational Safety & Health Act

Legal Issues in Employment

1971 Griggs vs. Duke Power Co.

Legal Issues in Employment

1989 Wards Cove Packing Co. vs. Antonio

Legal Issues in Employment

What did the 1991 Civil Rights Act do for Griggs vs. Duke Power Co.?

Legal Issues in Employment

1972 Equal Employment Opportunity Act

Legal Issues in Employment

1978 Pregnancy Discrimination Act

Prohibits employers from discriminating against pregnant women.

Legal Issues in Employment

1990 Americans with Disabilities Act

What does it do?

How is disbility definied?

What is an essential function of the job?

What makes an accommdation reasonable?

Prohibits discrimination based on disability.

•Disabilities - physical or mental impairment that substantially affects one or more major life activities

•Essential Functions - job duties that every employee must do or be able to do to be effective

•Reasonable Accommodation - anything which would enable the disabled person to enjoy equal employment opportunity, as long as it doesn’t cause undue hardship for the employer

Legal Issues in Employment

1993 Family and Medical Leave Act

Legal Issues in Employment

1993 Genetic Information Non-Discrimination Act

What is Affirmative Action?

How is it diffferent than EEO?

Affirmative action requires government contractors and sub-contractors to generate a plan to achieve and document equal opportunity. It may allow employers to treat memebers of certain protected groups preferentially.

Differences:

• AA applies to government employees while EEO applies to all companies with 15 or more employees
• EEO protects all members of protected groups while AA may allow for preferential treatment
  

•Written Equal Employment (EE) Policy & Affirmative Action (AA) commitment

•Appoint director of AA program

•Publicize the EE Policy & AA commitment

•Determine where AA programs are needed (utilization analysis)

•Develop goals and timetables

•Implement programs to achieve these goals

•Sometimes includes preferential treatment (if there is evidence of underutilization)

•CanNOT include quotas

•Monitor and evaluate progress in the program

•Develop support for affirmative action programs

 LEGAL:

•Recruitment efforts

•Preferential layoffs (legal unless it violates seniority)

•Extra consideration in hiring

•When two people are both “qualified,” the one who is from an underrepresented protected group may be given preference

ILLEGAL:

•Differential Standards

•Quotas/Minority Positions

Sexual Harrasment 4 tests to determine:

Would the behavior be perceived as offensive by the “reasonable woman”?

1. Bona-fide Occupational Qualification (BFOQ) – Legal exception to Title VII - used in a disparate treatment case

•All or nearly all (male wet-nurse?)

•Authenticity (only women model women’s clothes)

•Propriety (women in women’s restroom)

•Safety (e.g., pilots over 60)

•Almost never applies to race/color


2. Job-Relatedness/Business Necessity – used in an adverse impact case

•Employment decision was based on legitimate criteria

•Job Descriptions!

3. Seniority - if an employer uses this, they must always use this

1)  Calculate the selection rate for each protected group that makes up more than 2% of the applicant pool.  The selection rate is equal to the total number or applicants within the group that are hired divided by the total number of applicants within that group.

2)  Observe which group has the highest selection rate.  This is not always the white, male, or "majority" group.

3)  Calculate the impact ratio by dividing the selection rate for each group by the selection rate of the group with the highest selection rate.

4)  Determine if the selection rates are substantially different.  If the impact ratio is less than .8, there is a 4/5ths rule violation.

• The quantity and quality of work (outputs)
• The work processes needed to produce outputs
• The inputs used to carry oiut the processes

Determines:

• Major tasks, duties, and responsibilities
• Relative importance or frequency of the tasks
• Critical KSAOS necessary

•Job Description - puts into words the things that people do at work

•Information on job duties & responsibilities (functions)

•Services & products to be provided to critical customers

•Equipment to be used on the job; working conditions

•Extent of supervision required, etc.

•Job Specifications - identifies the worker characteristics needed to perform a job successfully

•Lists the KSAO’s necessary to carry out the job tasks and duties

•Lists other credentials or educational requirements (e.g., M.B.A., Ph.D., C.P.A., etc.)

•May list personality factors, or other physical & mental traits needed to perform the job

•Frequently challenged in court - MUST be based upon the job analysis to survive court challenge

•Observation - observing job duties; often done on film

•disadv: unable to observe mental processes & may not capture important (but infrequent) functions

•Interviews - talking with people who perform the job

•disadv: value of data depends on interviewer’s skill

•Performing the job - actual performance of the job by job analyst

•disadv: may be dangerous (police officer) or unethical (surgeon), & analyst may only be exposed to frequently performed activities

•Questionnaires - structured forms & activities checklists, as well as open-ended questions

•disadv: questions may be misinterpreted, response rate may be low, often expensive to develop & score

Advantages and disadvantages for recruiting from:

• Current employees
• Referrals from current employees
• Former employees
• Advertisements
• Employment Agencies
• College campuses
• Customers
• Online

Current employees

+ You know what you’re getting

- Still have a position to fill

Referrals from current employees
+ High loyalty and job satisfaction

- Possible EEO problems

Former employees (laid off)
+ Safe hires

- Minimize the chance for fresh insight

Advertisements

+ Can target a specific audience & region

- Cost


Employment Agencies

+ Good for specialized skills
+ You don’t do much work

- Expensive

College Recruiting/Job Fairs

+ Large applicant pool in one setting

- What are you getting?

Customers

+ Are already familiar with & excited about the organization

+ May have good insights

Online

+ Broad reach/High volume

+ Cheap

- What are you getting?

-1 is a perfect negative correlation. When on criteria goes up the other goes down.

+1 is a perfect positive correlation. When one criteria goes up the other goes up.

To get a correlation you take the yield ratio and square it.

Reliability

Test-Retest and Interrater

• Test retest - results will be fairly similar each time. e.g. SAT
• Interrater - consistency of ratings across judges. e.g. ice skating rankings

Validity

Criterion and Content

Criterion - the test is predictive of a criteria of the job e.g. SAT

Content - content of test maps to the task you'll do e.g. Words per minute

• Cognitive tests
• Psychological tests
• Performance tests

•Projective Techniques - purpose & scoring techniques are disguised from the test taker

•Thematic Apperception Test (TAT)

•Miner Sentence Completion Scale

•Graphology

•Self-Report Inventories - measured on a standardized scale

•Minnesota Multiphasic Personality Inventory (MMPI)

•16 Personality Factors Questionnaire (16PF)

•Meyers-Briggs Type Inventory (MBTI)

•Other types of tests - designed to measure a specific aspect of behavior

•Honesty/Integrity Tests

•Accident Proneness (Safety Locus of Control - SLC)

•Customer Service Orientation (Service Orientation Index - SOI)

Performance Tests

Name 4 kinds of assessment center tests

1. In basket - you're given an input of your job (e.g. a full inbox) and told to handle it how you would during a normal day on the job
2. Leaderless group discussion
3. Oral Presentation
4. Role-play exercise

Plaintiff has to show evidence in the form of:

• Restricted company policy
• Discriminatory remark
• McDonnell-Douglas Test
• Plaintiff is a member of a protected class
• Plaintiff was qualified and applied, but was not hired
• Company continued trying to hire after rejecting Plaintiff
• 4/5ths rule was violated