Module 2: Workforce Planning and Employment 24% PHR 17% SPHR Any student use of these slides is subject to the same License Agreement that governs the student’s use of the SHRM Learning System materials. © SHRM 2-1 Title VII of the Civil Rights Act (1964) Title VII of the Civil Rights Act (1964) Religion Color Race Sex Illegal to discriminate in employment National origin 10 federally protected “classes” © SHRM 2-2 Terminology Sex • Classification of people as male or female • Biological and physiological characteristics that define men and women Gender • Socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women • Also, the perception by others of a person’s appearance, behavior, or physical characteristics Transgender • If birth-assigned sex and internal sense of gender identity do not match • Tendencies to vary from culturally conventional gender roles National origin © SHRM • Country of one’s birth or of one's ancestors' birth— even those that no longer exist • May be interchanged with “ethnicity,” although an “ethnic group” can refer to religion or color as well as country of one’s ancestry 2-3 Discrimination National Origin • Because of individual’s, or his/her ancestor’s, place of origin or because individual has physical, cultural, or linguistic characteristics of a national origin group © SHRM Race Color • Because individual is of a certain race or because of personal characteristics associated with race • Because of skin color 2-4 General Provisions of Title VII Prohibits discrimination against protected classes. Makes it unlawful to deny employment opportunities, training, or career advancement to protected classes. As amended, prohibits discrimination because of pregnancy, childbirth, or related conditions. Prohibits sexual harassment. Prohibits compensation discrimination. © SHRM 2-5 Which of the following organizations would be subject to the EEOC rules and regulations specified in Title VII and its amendments? A. A five-person, family-owned computer repair business B. An independent college with 80 employees C. A franchise operation with two full-time managers and ten part-time employees D. A new labor union with 14 members Answer: B © SHRM 2-6 Title VII Exceptions Several exceptions to the definition of discrimination exist, including: Work-related requirements BFOQs Bona fide seniority systems Affirmative action plans © SHRM 2-7 Civil Rights Act (1991) • Allows jury trials when a plaintiff seeks compensatory or punitive damages. • Compensatory damages are awarded to make an injured person “whole.” • Under federal law, punitive damages are not possible against a governmental unit or agency. • Amount of compensatory and punitive damages is based on the size of the employer’s workforce. Related case: Kolstad v. American Dental Association © SHRM 2-8 Compensatory and Punitive Damages Maximum Recovery per Individual Number of Employees $50,000 15–100 $100,000 101–200 $200,000 201–500 $300,000 501 or more The maximum recovery amount is for a total of compensatory and punitive damages. © SHRM 2-9 Age Discrimination in Employment Act (1967) ADEA prohibits: ADEA covers: Employment discrimination against persons age 40 and over. Employers with 20 or more employees. Mandatory retirement based on age. Unions with 25 or more members. Limiting employee status due to age. Employment agencies and apprenticeship programs. © SHRM 2-10 ADEA Exceptions • Age can be a BFOQ if necessary for the normal operation of the business. • Exceptions can occur when: The organization has a genuine seniority or benefit plan. The employer disciplines or fires for good cause. The employee is a top executive or policy maker. © SHRM 2-11 Pregnancy Discrimination Act (1978) An organization: • May not refuse to hire or fire a woman simply because she is pregnant. • May not force a pregnant employee to leave if she is ready, willing, and able to work. • Must treat pregnancy the same as any other temporary disability. © SHRM 2-12 Americans with Disabilities Act (1990) Prohibits discrimination against qualified individuals with disabilities. Requires reasonable accommodation unless the employer can show undue hardship. Applies to employers with 15 or more employees, employment agencies, labor organizations, and joint labor-management committees. © SHRM 2-13 ADA Terms Disability • Has an impairment that substantially limits one or more major life activities • Has a record of such an impairment • Is regarded as having such an impairment Essential functions • Primary job duties that an individual must be able to perform, with or without accommodation © SHRM 2-14 ADA Amendments Act (ADAAA) • Retains the basic definition of disability contained in the ADA but expands interpretation. • Makes it easier to meet the definition of “disability.” • Includes nine rules of construction. • Identifies several impairments that virtually always meet the definition of disability. • Expands the ADA list of major life activities. © SHRM 2-15 Which of the following are the only mitigating measures allowed by the ADAAA when assessing whether an impairment substantially limits a major life activity? A. Medications B. Implantable hearing devices C. Ordinary eyeglasses or contact lenses D. Prosthetic devices Answer: C © SHRM 2-16 Reasonable Accommodation Modifying or adjusting a job application process, a work environment, or the circumstances under which a job is usually performed Examples • A reader to help an applicant who is visually impaired • Construction to provide accessibility • Alternative formats for employee training • A telephone device for a person who is hearing-impaired • Alternate work schedules © SHRM 2-17 Direct Threat Standard • Employers can establish qualification standards that exclude individuals who pose direct threat (significant risk of substantial harm) to health or safety of individual himself or herself or others if that risk cannot be eliminated or reduced below level of “direct threat” by reasonable accommodation. • However, employer may not simply assume that threat exists; employer must establish through objective, medically supportable methods that there is significant risk that substantial harm could occur in workplace. © SHRM 2-18 Genetic Information Nondiscrimination Act (2008) • Prohibits discrimination against an individual in hiring, firing, compensation, or terms or privileges of employment on the basis of genetic information about the individual or a family member. • With limited exceptions, prohibits an employer from requesting, requiring, or purchasing genetic information on the individual or a family member. © SHRM 2-19 Lilly Ledbetter Fair Pay Act (2009) • Creates a rolling or open time frame for filing wage discrimination claims. – Retains the 180-/300-day time frame outlined in Title VII. – Restarts the statute of limitations each time an employee receives a paycheck based on the decision. • Expands the plaintiff field. Related case: Ledbetter v. Goodyear Tire & Rubber Co. © SHRM 2-20 Uniform Guidelines on Employee Selection Procedures (1978) Covers all aspects of the selection process. Prohibits selection procedures that have adverse impact on protected groups. Adverse impact occurs when the rate for a protected group is less than 80% of the rate for the group with the highest selection rate (also known as the 80% rule or four-fifths rule). © SHRM 2-21 An organization interviews 60 males and 40 females. They hire 30 males and 10 females. What is the selection rate of females? A. 25% B. 30% C. 40% D. 50% Answer: A © SHRM 2-22 Is there adverse impact? Group Males Females Number Interviewed 60 40 Number Hired 30 10 Percentage Hired 50% 25% Answer: Yes. Here is the calculation: 50% of the males were hired. To determine adverse impact, multiply 4/5 or 80% 50% = 40%. Adverse impact occurred because 25% of the females were hired, not the required threshold of 40%. © SHRM 2-23 Affirmative Action Obligations • Federal laws that apply to federal government contractors and impose AA obligations include: – Executive Order 11246. – Vietnam Era Veterans Readjustment Assistance Act and Jobs for Veterans Act. – Section 503 of the Rehabilitation Act. • Legal obligations on employers depend on: – Value of the federal contracts/subcontracts. – Number of employees. © SHRM 2-24 Rehabilitation Act (1973) Prohibits discrimination based on physical or mental disabilities. Section 501 applies only to the federal government as an employer; Section 503 applies to federal contractors and subcontractors with contracts over $10,000. Requires employers to take affirmative action and make reasonable accommodation. © SHRM 2-25 Immigration and Nationality Act (1952) Fundamental body of U.S. immigration law applying to all employers. • Defines “alien” as any person lacking citizenship or status as a national of the United States. • Differentiates aliens as: – Resident and nonresident. – Immigrant and nonimmigrant. – Documented and undocumented. © SHRM 2-26 Immigration Reform and Control Act (1986) Prohibits discrimination on the basis of national origin or citizenship. Establishes penalties for hiring illegal aliens. Places burden on employers to verify All documents must an employee’s be unexpired. identity and right to work. © SHRM 2-27 Which document would prove identity and right to work in the U.S.? A. B. C. D. U.S. military ID card Social Security card Driver’s license with photo Permanent Resident Card Answer: D © SHRM 2-28 E-Verify Accesses an Internet-based verification system operated by the USCIS in partnership with the Social Security Administration. Electronically checks the information provided by the employee on his or her Form I-9 against records contained in Department of Homeland Security and Social Security Administration databases. Participation is voluntary for most businesses but may be required by state law or federal regulations. © SHRM 2-29 Visa Categories Immigrant visas (green cards) are permanent. • Divided into three preference groups based on their importance and the number allocated to each group annually (EB-1, EB-2, EB-3). © SHRM Nonimmigrant visas are temporary. • H-1B is reserved for professionals who come to the U.S. for a limited amount of time. • There is a yearly cap on the number of H-1B visas. 2-30 WARN Act (1988) Worker Adjustment and Retraining Notification (WARN) Act Requires a minimum of 60 days’ notice for: • Plant closings. • Mass layoffs. Limited exceptions: faltering company, unforeseeable business circumstances, natural disaster © SHRM States that notice be given to: • Affected workers or their representatives. • State dislocated worker units. • Local government. 2-31 EEOC Complaint Process EEO charge filed. EEOC notifies respondent of charge via a letter. EEOC sends respondent a copy of the charge. EEOC reviews charge and assesses "reasonable cause." If reasonable cause is found . . . © SHRM If the EEOC does not make a determination . . . • EEOC attempts conciliation. • Respondent required to provide remedies to settle. Charging party has right to request right-to-sue letter after 180 days. Charge is settled or may go to litigation with EEOC or private court. Charging party must file suit in court within 90 days. If reasonable cause is not found . . . • EEOC notifies both parties. • Charging party is notified of right to sue. • EEOC involvement ends. Charging party may file suit in court within 90 days. 2-32 Employee Polygraph Protection Act (1988) • Regulates the use of lie detectors. • Allows the use of lie detector tests when: – The employer is the federal, state, or local government. – Prospective employees will work in security-sensitive, drug manufacturing, or intelligence situations. – Current employees are under reasonable suspicion of involvement in workplace incident that results in economic loss. • Employer may not discharge an employee based solely on test results or refusal to test. © SHRM 2-33 Consumer Credit Protection Act (1968) Limits the amount of wages that can be garnished or withheld in any one week to satisfy creditors (generally 25% of disposable pay). Prohibits employers from terminating an employee for one single indebtedness. Garnishment restrictions do not apply to certain bankruptcy court orders or debts due for federal or state taxes. © SHRM 2-32 Fair Credit Reporting Act (1970) • Applicant/employee must provide written authorization before a consumer report is ordered. • Employer must provide: • Written notice that a report may be used and time for a response to the report. • Notice that an adverse action has been taken (must be provided within three days of the action). • A written response (within five days) to a request for complete disclosure. © SHRM 2-35 Fair and Accurate Credit Transactions Act • Provides relief to employers using third parties for workplace investigations. • Amends the FCRA by eliminating the consent and disclosure requirements when a third party conducts an investigation involving: – Suspected misconduct. – A violation of law or regulations. – A violation of any preexisting written policies of the employer. • Includes directives aimed at uncovering and preventing incidents of identity theft. © SHRM 2-36 Amendment to FCRA by Dodd-Frank Act If any adverse action is taken against an applicant or employee, either partly or wholly because of information contained in a consumer report, additional notification requirements include: The individual’s credit score that was used. The range of credit scores possible under the credit scoring model used. Each of the factors that adversely affected the individual’s credit score. The date the score was created. The name of the consumer reporting agency or person that furnished the credit score. © SHRM 2-37 Equal Employment Opportunity • The term “protected classes” refers to people who are covered under a federal or state antidiscrimination law. • Laws require employment decisions to be job- and business-related and not made on the basis of: – – – – – – © SHRM Race. Sex. Ethnicity. Religion. Age. Color. – – – – Military/veteran status. Genetic information. FMLA entitlement. Disability. 2-38 Types of Discrimination Disparate treatment • Treating protected classes differently than other employees or evaluating them by different standards. Adverse or disparate impact • Applying rules that have a negative effect on protected classes to all employees. Perpetuating past discrimination • Using employee referral programs that maintain racial inequity. © SHRM 2-39 Griggs v. Duke Power • Landmark case that recognized adverse impact discrimination. • Established that employment discrimination need not be overt or intentional. • Found that employment practices can be illegal even when applied to all employees. • Places burden on the employer to prove that requirements are job-related. © SHRM 2-40 McDonnell Douglas Corp. v. Green • Landmark case that established criteria for disparate treatment. • Ruled that a prima facie case can be shown if an employee: – Belongs to a protected class. – Applied for a job when the employer sought applicants. – Was qualified and yet was rejected. – Was rejected but the employer kept looking. © SHRM 2-41 Other Key Cases • Albemarle Paper v. Moody – Any test used for promotion/selection must be a valid predictor for job success. • Washington v. Davis – Disproportionate impact of a test does not warrant conclusion that it is purposely discriminatory. © SHRM • St. Mary’s Honor Center v. Hicks – An employee must prove that an employer’s reason for an adverse action is based on a lie and that the lie was to cover up discrimination. • McKennon v. Nashville Banner Publishing Co. – After-acquired evidence cannot free an employer from discrimination liability. 2-42 EEO Reporting • Annual reporting is required for: – Employers with 100 or more employees. – Federal contractors with at least 50 employees and contract of $50,000. • Posters and officially approved notices must be put in prominent locations where they can be seen by employees. © SHRM 2-43 The EEO-1 report requires many employers to provide a count of their employees by job category and then by A. B. C. D. job title, gender, and race. race, ethnicity, and gender. wage rate or salary range. total number of male and female incumbents against placement goals. Answer: B © SHRM 2-44 Internet Job Applicants • OFCCP final regulations apply to federal government contractors/subcontractors. • For purposes of Title VII, the EEOC recommends that employers who are not federal contractors or subcontractors look to the OFCCP definition of applicant. © SHRM 2-45 Internet Job Applicants Final regulations require that: • The individual expresses interest in employment over the Internet or related electronic data technology. • The employer considers the individual for employment in a particular position. • The individual’s expression of interest indicates that the individual possesses the basic qualifications for the position. • The individual does not remove himself or herself from consideration at any point in the employment process. © SHRM 2-46 Applicant Flow Data • Federal government contractors must be able to identify, when possible, the race, gender, and ethnicity of applicants. • Used to evaluate differences in selection rates among different groups to determine if there is adverse impact. • Is obtained by: – The use of paper or electronic self-identification form (preferable). – A visual survey of applicants. © SHRM 2-47 Affirmative Action Employers: • Make efforts to increase presence of women, minorities, covered veterans, and disabled individuals in workplace. • Take positive steps to correct their underutilization. © SHRM 2-48 Major Elements of AAP Organizational profile • Depicts staffing patterns to determine if barriers to equal employment opportunity exist. Organizational display • Provides a graphical representation of the organizational units. © SHRM Workforce analysis • Lists job titles ranked from lowestto highest-paid within an organizational unit. Job group analysis • Lists all job titles in each job group and shows jobs by functional (not departmental) alignment. 2-49 Availability Analysis • Requires that organizations consider internal and external availability to determine the theoretical availability of women and minorities. – Organization compares the percentages of women and minorities in each group with the theoretical availability. – A variety of statistical methods can be used for calculating the comparison: “any difference rule,” “80% rule” (“four-fifths rule”), “two standard deviations analysis.” – Placement goals are set when the percentage of minorities or women is less than reasonably expected given their availability percentage. © SHRM 2-50 Which of the following is frequently a trigger for an AA audit by the OFCCP? A. B. C. D. A surge of workers’ compensation claims Membership in a technology-based industry A mass layoff of management employees A federal contract of over $10 million Answer: D © SHRM 2-51 Types of Audits Audits Compliance review © SHRM Compliance check Focused review Off-site review 2-52 Corporate Management Compliance Evaluations and the Glass Ceiling Purpose Focus Designed to ensure that qualified minorities, women, persons with disabilities, and protected veterans do not encounter artificial barriers to future advancement into midlevel and senior corporate management. Focuses on a contractor’s obligation to make goodfaith efforts to ensure that equal employment opportunity extends to all levels of the workforce. © SHRM 2-53 Fairness Issues Reverse discrimination © SHRM • Courts allow temporary preference to protected classes. Quotas vs. placement goals and merit hiring • Generally not allowed by the courts. Bona fide occupational qualification • Carefully scrutinized by courts. 2-54 Employment Practices Liability Insurance • EPLI covers businesses against claims by workers that their employee rights have been violated. • Policies cover legal costs whether the company wins or loses. • Policies usually do not cover: – Punitive damages or civil and criminal penalties. – Liabilities covered by other insurance such as workers’ compensation. • Employer may have a duty to notify the carrier upon receipt of a letter from a lawyer, even if no claim has been filed. If not done, coverage could be waived. © SHRM 2-55 Sexual Harassment Quid pro quo Hostile environment Employee must give in to sexual demands or forfeit an economic benefit (job or raise). Sexual or discriminatory conduct creates a threatening or abusive work environment. © SHRM 2-56 Sexual Harassment Cases Meritor Savings Bank v. Vinson Harris v. Forklift Systems, Inc. Oncale v. Sundowner Offshore Service, Inc. Faragher v. City of Boca Raton and Ellerth v. Burlington Northern Industries © SHRM • Held that sexual harassment violates Title VII. • Established “reasonable person” standard. • Same-gender harassment is actionable. • Held employers liable for supervisory harassment that resulted in adverse employment action. 2-57 Vicarious Liability Employers are liable for discriminatory actions by their employees. Employers must end harassment through intervention or discipline. Employees should utilize preventive and corrective action opportunities. © SHRM 2-58 Harassment Policy/Prevention Have a written policy with a clear definition of harassment and a statement that it will not be tolerated. Establish a complaint procedure. Provide training and education. Investigate every complaint. Discipline if necessary. Communicate via variety of methods to management and employees. © SHRM 2-59 Workforce Planning Staffing • Provides qualified individuals for jobs in the organization. • Addresses current and future needs for knowledge, skills, and abilities. © SHRM Workforce Planning • Analyzes organizational workforce and prepares for future needs. • Forecasts future conditions and identifies gaps between current and future staff. 2-60 Workforce Analysis Process Supply Analysis Demand Analysis Gap Analysis Solution Analysis © SHRM 2-61 Trend Analysis Determines the relationship between two variables. 1 Business Factor (sales in millions) $3.613 2 $3.748 $11,120 337 3 $3.880 $12,520 310 4 $4.095 $12,520 327 5 $4.283 $12,520 342 6 $4.446 $12,520 355 Year © SHRM Labor Productivity (annual sales per employee) HR Demand (number of employees) $11,120 325 2-62 Trend Analysis Plots the number of employees for the last six years and projects the trend out for two more years. 380 370 360 Number of Employees 350 340 330 320 310 1 2 3 4 5 6 7 8 Years © SHRM 2-63 Turnover Analysis • Most often expressed using an annualized formula. • Calculated by dividing the number of separations per year by the average number of employees per month. • 65 separations per year ÷ 225 average employees per month = 28.9% turnover. • May also be calculated quarterly and used to project the annual turnover. © SHRM 2-64 Flow Analysis Projects future movement. Inflow © SHRM Outflow Current Staff Transfers Promotions New hires Recalls 5 4 15 10 Promotions 5 Resignations 13 Demotions 0 Retirements 4 Terminations 3 Layoffs 15 Total 34 Total 40 2-65 Demand Analysis Techniques Project the number of employees and the types of skills needed for the future. Judgmental forecasts Statistical forecasts © SHRM • Managerial estimates • Delphi technique • Nominal group technique • Regression analysis • Simulations 2-66 Organizational and Staffing Approaches to International Business SPHR only Four terms describe how a firm manages its international operations. Ethnocentric © SHRM Polycentric Regiocentric Geocentric 2-67 Types of International Workers SPHR only • Short-term assignees • Long-term assignees • Sequential/rotational employees • Commuting employees (international commuters) • Frequent flyers/extended business travelers Ethnocentric Polycentric • Stealth expats/stealth pats/stealth assignees • Local hires (local nationals) • Localized employees © SHRM • Permanent assignees (permanent locals) • Interns/trainees (temporary, nonimmigrants) • Returnees • Virtual employees • Retirees • Part-time employees Geocentric • Temporary (contingent) employees • Temp-to-hire (temp-to-permanent) employees • Outsourced employees 2-68 Job Analysis and Employee Jobs Job analysis Job description Job specifications Employee role/job Job competencies © SHRM 2-69 Job Analysis Knowledge • Information necessary for task performance Skills • Level of proficiency needed for task performance Abilities • Capabilities necessary to perform job © SHRM 2-70 Job Analysis Methods Observation Interview Open-ended questionnaire Highly structured questionnaire Work diary or log © SHRM 2-71 Job Analysis Uses Organizational design Legal defense · ADA · Termination · Workers’ compensation Affirmative action plan Recruiting and selection Job analysis Time management/ goal setting Training Establishing career paths/succession planning © SHRM Compensation administration Establishing performance standards/ performance appraisals 2-72 Job Descriptions Summarize the most important features of a job. Detail the required tasks, KSAs, responsibilities, and reporting structure. Include the physical requirements of the job for ADA considerations. Include duties that support exempt status. © SHRM 2-73 Which of the following would MOST likely be an essential job function? A. Devotes approximately 8% of time to direct customer contact B. Regularly reviews engineering design documents C. As time permits, participates in an ongoing employee committee assignment D. May delegate template preparation to administrative support Answer: B © SHRM 2-74 Job Specifications Qualifications necessary for an incumbent to be able to perform the job. Includes experience, training, education, licenses, and certification required; physical and mental demands; level of organizational responsibility. Can be a separate section of the job description or a separate document. Should reflect what is necessary for satisfactory performance, not what the ideal candidate should have. © SHRM 2-75 Job Competencies Job competencies are the knowledge, skills, abilities, and personal characteristics that work together to allow an employee to produce outstanding performance. They are the critical success factors needed to perform in a job or functional area. Core competencies are aligned with key business objectives and/or values and contribute to organizational success. © SHRM 2-76 The FIRST step in determining which candidates are qualified for an open position is a(n) A. review of the job description. B. assessment of the organization’s ability to pay. C. review of the candidates’ résumés. D. evaluation of internal candidates. Answer: A © SHRM 2-77 Internal Recruitment Sources © SHRM Job posting Job bidding Skill banks and skill tracking systems Employee referrals 2-78 External Recruitment Sources Former employees Nontraditional labor pools Previous applicants Labor unions Minority recruiting Several Possibilities School-to-work programs Walk-ins Educational recruiting Media advertising © SHRM Trade and professional associations The Internet Third-party sources Social media 2-79 Employment Branding • Positions the organization as an “employer of choice” in the labor market. • Must be aligned with strategic plan, vision, mission, and values. • Uses the same tools used to market the product to create an image of what it is like to work for the organization. © SHRM 2-80 Recruitment Effectiveness Short-term • Time to recruit applicants • Selection and acceptance rates • Cost per applicant hired • Quantity and quality of applicants • EEO implications © SHRM Long-term • • • • Performance of hires Turnover Absenteeism per hire Training costs 2-81 Cost per Hire (External costs) + (Internal costs) Cost per hire (CPH) = Total number of hires in a time period © SHRM 2-82 Recruitment Cost and Yield Ratios Recruitment cost ratio (RCR) External costs + Internal costs 100 Total first-year compensation of hires in a time period $200,000 100 = 10% $2,000,000 Yield ratios Qualified applicants 100 = 33% Total applicants 300 Offers extended 5 = 33% Qualified applicants 15 Minority applicants 80 = 27% Total applicants 300 Offers extended Final interviews Female applicants 185 = 62% Total applicants 300 Offers accepted 3 = 60% Offers extended 5 © SHRM 5 = 50% 10 2-83 An organization made 30 offers, and 18 were accepted. What is the yield ratio of acceptance to offers? A. 35% B. 45% C. 55% D. 60% Answer: D Calculation: 18 ÷ 30 = 60% © SHRM 2-84 Flexible Staffing • Uses alternative recruiting sources and workers who are not regular employees. • The choice of arrangement depends on: – Function. – Level of supervision required. – Time constraints. – Financial constraints. – Legal risks and liability. © SHRM 2-85 Co-Employment • Organization and alternative staffing supplier share joint responsibility for alternative workers. • Agreement summarizes: – Legal relationship. – Rights and obligations. • Potential liability varies depending on the nature of the agreement. © SHRM 2-86 Selection Process Selection Step 1: Analyzing application forms Step 2: Interviewing Step 3: Testing and background investigation Step 4: Contingent job offer Step 5: Employment offer © SHRM 2-87 Step 1: Analyzing Application Forms Types of forms: • Short forms • Long forms • Targeted application forms • Weighted application forms • Résumés © SHRM Uses: • Serve as a prescreening device. • Collect job-related, nondiscriminatory data. • Call attention to red flags. 2-88 Step 2: Interviewing Step 2: Interviewing Types of Interviews In-depth Prescreening Most prescreening is done over the telephone. • • • • • • • • Structured Patterned Stress Directive Nondirective Behavioral Situational Group All interview questions should be job-related and nondiscriminatory. © SHRM 2-89 Interviewer Biases © SHRM Stereotyping Inconsistent questioning First-impression error Negative emphasis Halo/ horn effect Nonverbal bias Contrast effect Similar-to-me error Cultural noise 2-90 An interviewer assumes that a woman will do poorly in a job that requires math and analytical skills. This interviewing bias is known as A. horn effect. B. cultural noise. C. stereotyping. D. negative emphasis. Answer: C © SHRM 2-91 Step 3: Testing and Background Investigation Tests • • • • • • • • Cognitive ability Personality Aptitude Psychomotor Assessment centers Honesty/integrity Polygraph Substance abuse © SHRM Background Checks • Work reference • Verification of academic credentials • Credit history • Motor vehicle • Criminal background 2-92 Selection Reliability • Ability to measure or predict behavior with consistency. – Example: Scores for a test that is taken twice should be similar. • The following errors may create inconsistent results: – – – – © SHRM Failure to measure an important attribute Irrelevant questions in an interview Different time limits for people taking a test Rater bias in evaluating candidates 2-93 Selection Validity • Content validity – Degree to which a test measures knowledge, skills, and abilities that are part of the job • Construct validity – Degree to which a test measures a trait such as intelligence • Criterion-related validity – Correlation of test results to job performance • Predictive • Concurrent © SHRM 2-94 Criterion-Related Validity Predictors · Completed application form · Résumé data · Interview answers Criterion Variable · Performance evaluations · Productivity · Absenteeism · Test scores The greater the overlap between predictors and variables, the better the predictor. Complete correlation = +1 or –1 © SHRM 2-95 Approaches to Establishing CriterionRelated Validity: Concurrent Validity Test employees on key attribute. Measure employees' job performance. Correlate two sets of numbers. © SHRM 2-96 Approaches to Establishing CriterionRelated Validity: Predictive Validity Measure all applicants on attribute. Hire and wait for some time period. Obtain correlation between these two numbers. Measure performance of newly hired employees. © SHRM 2-97 Realistic Job Previewing • Helps a candidate make an informed decision. • Allows the organization to objectively portray the job. • Examples of job preview techniques may include: – – – – – © SHRM Workplace tours. Interviews with job incumbents. Job simulations. Video or CD-ROM presentations. Automated job telephone information line. 2-98 Step 4: Contingent Job Offer A conditional job offer may depend on: Additional tests. Verification of IRCA documents. A medical exam (if job-related and consistent with business necessity). © SHRM 2-99 Step 5: Employment Offer • Formally communicated through an offer letter. • Clearly states terms of the offer. • Avoids language that implies a contract (states that employment is at will). • Clarifies contingencies (physical exam). • Clarifies acceptance details and deadline. © SHRM 2-100 Employment Contracts • Agreement between employer and employee that explains the employment relationship. – Express contract is based on oral or written words. – Implied contract results from actions or conduct. • Employment-at-will is presumed if a written employment contract does not exist. © SHRM 2-101 Which type of employment situation would MOST likely warrant a written employment contract? A. A part-time employee B. A salesperson C. A graphic artist D. A department manager Answer: B © SHRM 2-102 Retention The ability to keep talented employees in the organization. • Involves strategic actions to keep high performers motivated and focused. • Preserves and develops an organization’s human capital. • Reduces voluntary turnover costs. © SHRM 2-103 Retention Strategies Socialization Onboarding Clear and consistent job expectations Clear and fair supervision Training and development Adequate resources Growth and promotional opportunities Recognition Respect Perceived equity © SHRM 2-104 Onboarding • Encompasses orientation. • Teaches about the employee Informal role in terms of task and socialization. • Integrates the employee into the established organizational Formal culture and norms. • Builds relationships and creates a sense of acceptance. © SHRM 2-105 Succession Planning SPHR only Helps identify and foster the development of high-potential employees. Keeps talent in the pipeline. Requires careful thought when selecting candidates. Necessitates well-conceived training and development. © SHRM 2-106 Organizational Exit • Manages the way people leave an organization. • Layoffs or RIFs are based on: – – – – Skills. Work record. Seniority. Disparate impact implications. – EEO/legal considerations. © SHRM • Management should document the criteria used to make layoff decisions. • Separation should be considered a termination if there is no chance of a recall. • Severance packages are not required by federal law. 2-107 An organization is laying off 15% of its workforce due to declining global markets. What can HR do to help the remaining employees through the transition? A. Run a series of regional focus groups with mid-level managers. B. Publicize that exit interviews were conducted with all separated employees. C. Regularly communicate with employees about ongoing business challenges. D. Hold an organization-wide teleconference to address rumors. Answer: C © SHRM 2-108 Wrongful Terminations Constructive discharge Retaliatory discharge Coercion © SHRM 2-109 Voluntary Retirement • Management must: − Identify what units of the company are eligible to participate in a voluntary program. − Communicate that the plan is voluntary. • The plan must comply with the Older Worker’s Benefit Protection Act. − Voluntary waivers or claims under ADEA are valid only when waivers are “knowingly and voluntarily” made. © SHRM 2-110 The OWBPA requires that employees signing a waiver of their ADEA rights must A. be given at least 14 days to consider the agreement. B. receive severance pay or something of value. C. consult an attorney prior to signing the waiver. D. have at least three days to revoke the agreement after it is signed. Answer: B © SHRM 2-111 Exit Interviews • Gain candid information from departing employees. • Are conducted most often when terminations are voluntary. • Are conducted by a neutral party. © SHRM • Exit form may be used to collect information. • Comments are typically kept confidential. • Assurance may be given that remarks will not be shared with a supervisor. 2-112 Records Management Federal and state statutes Status as a government contractor or subcontractor Requirements may depend on … Number of employees or purpose of record keeping © SHRM Industry, location, or customers 2-113 Electronic Communication and Record Keeping • The record-keeping system must have reasonable controls to ensure the integrity, accuracy, authenticity, and reliability of the records kept in electronic form. • The electronic records must be maintained in a safe and accessible place. • The electronic records must be able to be converted to paper format. • Adequate records management practices must be in place. © SHRM 2-114