© SHRM

• 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

• Most private employers with 15 or more persons on the payroll for each working day of 20 or more weeks in the current or preceding year.
• All educational institutions, public or private.
• Federal, state, and local governments.
• Labor unions with 15 or more members.
2-3

Work-related requirements
BFOQs
Seniority systems
© SHRM

• 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

• Addressed issue of punitive damages authorized by CRA of 1991.
• To recover damages, the employee must prove a discriminatory act was “egregious or outrageous” and done without regard to his/her rights.
• Created safe harbor from punitive damages where the discriminatory employment decision by a managerial agent is contrary to the employer’s good-faith efforts to comply with Title VII.
2-6

Maximum Recovery per Individual
$50,000
$100,000
$200,000
$300,000
Number of Employees
15–100
101–200
201–500
501 or more
The maximum recovery amount is for a total of compensatory and punitive damages.
© SHRM

ADEA prohibits:
Employment discrimination against persons age 40 and over.
Mandatory retirement based on age.
Limiting employee status due to age.
ADEA covers:
Employers with 20 or more employees.
Unions with 25 or more members.
Employment agencies and apprenticeship programs.
© SHRM

• Age can be a BFOQ if necessary for the normal operation of the business.
• Exceptions can occur when:
The company 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

Special Rules regarding retirement plans and insurance for those 65 or older
• ERISA bars plans from ceasing or reducing retirement benefit accruals and/or contributions for those working past normal retirement age.
• Employers must offer employees age 65 or older and their spouses the same group insurance coverage provided to younger workers. Medicare is secondary until retirement.
2-10

• Supreme Court recognized disparate impact based on age and authorized recovery.
• The scope of disparate impact liability under
ADEA is narrower than under Title VII.
• The employer need only show the practice or policy was based on reasonable factors other than age: a significantly lesser standard than required under Title VII.
2-11

A company:
• 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

• Prohibits discrimination against qualified individuals with disabilities.
• Applies to employers with 15 or more employees.
• Requires reasonable accommodation unless the employer can show undue hardship.
• Prohibits preemployment medical examinations except after a job offer.
• Requires accessibility to new public transportation facilities and buildings.
© SHRM

• Prohibits consideration of mitigating measures in determining whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses.
• Expanded the definition of “regarded as” by providing an individual is “regarded as” having a disability if the employee establishes that he or she has been discriminated against because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity.
2-14

Disability
•
Defined by ADA as physical or mental impairment that substantially limits one or more major life activities; ADAAA expands list of major life activities
Essential function
• Primary job duties that an individual must be able to perform, with or without accommodation
Reasonable accommodation
•
Modifying or adjusting job application process, work environment, or circumstances under which job is performed
2-15

•
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.
2-16

• Where the employer inadvertently requests or requires family medical history information.
• For genetic services offered by the employer, including wellness programs.
• For purposes of complying with the FMLA.
• Where the employer purchases documents that are commercially available.
2-17

•
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.
2-18

• A discriminatory compensation decision or other practice is adapted.
• An individual becomes subject to the decision or practice.
• An individual is affected by the application of a decision or practice, including each time wages, benefits, or compensation is paid, resulting n whole or in part from such a decision or other practice.
• Nonemployees, such as family members, may become plaintiffs.
2-19

• Covers all aspects of the selection process.
• Prohibits selection procedures that have adverse impact on protected groups.
• Adverse impact occurs when the selection 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).
• Recommends that employers be able to demonstrate that selection procedures that have an adverse or disparate impact upon minorities or women are valid in predicting or measuring performance in a particular job.
© SHRM

• Analyze the data more rigorously to determine whether there is in fact adverse impact.
• Abandon the procedure.
• Modify the procedure to eliminate the adverse impact.
• Validate the job-relatedness of the selection procedure.
• Justify the procedure as a business necessity.
2-21

• Federal laws that apply to federal government contractors and impose AA obligations include:
– Executive Order 11246 (women and minorities).
– 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

Contractors (including nonunion contractors) entering into contracts with the federal government must:
• Post notices informing employees of their rights under federal labor law to organize. The notice provides examples of illegal conduct by employers and unions.
• Include provisions in their contracts that require their subcontractors to post the same employee notice.
• Contracts, subcontracts, and purchase orders must now reference the new regulation.
Enforcement responsibilities are shared by two DOL agencies:
• The Office of Federal Contract Compliance Programs (OFCCP) has the responsibility to investigate violations.
• The Office of Labor-Management Standards (OLMS) has the responsibility for enforce the law.
2-23

• Applies only to federal government and federal contractors. Prohibits discrimination against:
• Special disabled veterans (veterans who have a compensable disability rating of 30% or more) who have been determined to have a “serious employment handicap,” or who were discharged from active duty due to a service-connected disability, as determined by the
Veterans Administration).
• Vietnam-era veterans.
• Recently separated veterans (within one year of discharge).
• Other protected veterans (veterans who served on active duty during a war, campaign, or expedition for which a campaign badge has been authorized).
• Requires the completion of a VETS-100 report.
2-24

(JVA)
Amends to the VEVRAA in the following areas:
• Requires contractors with post-December 1, 2003, contracts (contracts modified after December 1, 2003) to engage in affirmative action for:
• All disabled veterans.
• Veterans discharged or released from active duty in the last one to three years.
• Armed forces service medal veterans.
• Requires contractors to list their jobs with the appropriate
“employment service delivery system”.
• Requires the completion of the VETS-100 (A).
2-25

© SHRM
Prohibits discrimination based on physical or mental disabilities.
Section 503 applies to federal contractors with contracts over
$10,000.
Requires employers to take affirmative action and make reasonable accommodation.

Job accessibility
Nondiscriminatory treatment
Reasonable
Accommodation
Qualifications
Job design
© SHRM

• Supreme Court held that the fact that a disease is contagious can place an employee under the protection of the act since mere fear of the disease
(rather than its actual likelihood of being transmitted) might cause employers to discriminate against ailing persons.
2-28

• Prohibits discrimination on the basis of national origin or citizenship.
• Establishes penalties for hiring illegal aliens.
• Places burden on employers to verify an employee’s identity and right to work.
• Employers and employees fill out Form I-9 within three days of hiring.
All documents must be
unexpired.
© SHRM

• An internet-based verification system operated by the
USCIS in partnership with the Social Security
Administration.
• Allows employers to verify the employment eligibility of their employees, regardless of citizenship.
• Electronically checks the information provided by the employee on his or her I-9 against records contained in
Department of Homeland Security and Social Security
Administration databases.
• Contractors that do not comply with the requirements may be suspended or debarred from further contracting.
2-30

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).
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.
© SHRM

• First preference:EB-1: Employers do not need to test the U.S. labor market through a labor certification to determine that there are no minimally qualified U.S. workers for these jobs.
• Second preference:EB-2 and Third preference EB-
3:
Employers must test the U.S. labor market through a labor certification.
2-32

Worker Adjustment and Retraining Notification
(WARN) Act
Requires a minimum of 60 days’ notice for:
•
Plant closings.
•
Mass layoffs.
States that notice be given to:
•
Local government.
•
State dislocated worker units.
•
Affected workers or their representatives.
© SHRM

• Protects the employment records of federal government employees from disclosure without prior written authorization.
2-34

•
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 2-35

• 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

• Applicant/employee must provide written authorization before a consumer report is ordered.
• The FCRA’s purpose is to protect the privacy of background information and to ensure that the information supplied is accurate.
• 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

• Provides relief to employers using third parties for workplace investigations.
• Includes directives aimed at uncovering and preventing incidents of identity theft.
• 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.
© SHRM

• 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:
– Race.
– Gender.
– Ethnicity.
– Religion.
– Age.
– Color.
– Military/veteran status.
– Disability.
© SHRM

•
Treating protected classes differently than other employees or evaluating them by different standards.
•
Applying rules that have a negative effect on protected classes to all employees.
•
Using employee referral programs that maintain racial inequity.
© SHRM

• Landmark case that recognized adverse impact discrimination.
• Found that employment practices can be illegal even when applied to all employees.
• Established that employment discrimination need not be overt or intentional.
• Places burden on the employer to prove that requirements are job-related.
•
Two critical points were established:
–
Employment discrimination need not be overt or intentional to be illegal.
–
Employment practices can be illegal even when applied to all employees.
© SHRM

• Landmark case that established criteria for disparate treatment .
• Ruled that a prima facie case can be shown if an employee:
– Belongs to a racial minority or other protected group under Title VII.
– Applied for a job when the employer sought applicants.
– Was qualified and yet rejected.
– Was rejected but the employer kept looking.
© SHRM

• Albemarle Paper v. Moody
– Any test used for promotion/selection must be a valid predictor for job success. Strengthen
Griggs and placed greater importance on the Uniform Guidelines on Employee Selection
Procedures.
• Washington v. Davis
– A test is legal if it is jobrelated even though it has adverse impact.
• 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.
© SHRM

• Annual reporting is required for:
– Employers with 100 or more employees.
– Federal contractors with at least 50 employees and contracts of $50,000.
• Reports are due by September 30.
• Posters and officially approved notices must be posted where they can be seen by employees.
© SHRM

• The EEOC will not issue final guidelines clarifying when Internet job seekers become applicants.
• OFCCP final regulations should be used by federal government contractors and 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.
2-45

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

• Federal government contractors must be able to identify, when possible, the race, gender, and ethnicity of applicants.
• Applicant flow data is used to evaluate differences in selection rates among different groups to determine if there is adverse impact.
• It is obtained by:
–
The use of paper or electronic self-identification form
(preferable).
– A visual survey of applicants.
In either case, compliance must be voluntary.
© SHRM

Employers:
• Identify conspicuous workforce imbalances.
• Focus on hiring, training, compensating, and promoting, and terminating underrepresented groups.
© SHRM

Organizational profile
• Depicts staffing patterns to determine if barriers to equal employment opportunity exist.
Organizational display
•
Provides a graphical representation of the organizational units.
Workforce analysis
Job group analysis
•
Lists job titles ranked from lowestto highest-paid within an organizational unit.
•
Lists all job titles in each job group and shows jobs by functional (not departmental) alignment.
© SHRM

• Requires that organizations consider internal and external availability to determine the theoretical availability of women and minorities.
– The organization compares the percentages of women and minorities in each group with the theoretical availability.
– OFCCP allows a variety of statistical methods for calculating the comparison, but the “two standard deviations analysis” is recommended.
– Placement goals are set when the percentage of minorities or women is less than reasonably expected given their availability percentage.
© SHRM

• Random selection from a database
• When there is a surge in discrimination complaints
• 1 st time federal contractor
• A large–dollar contract (usually > $1 million)
• Discretionary selection
• In response to an EEO-1 that is judged to be out of limits
2-51

Compliance review
Focused review
Off-site review
2-52

Glass Ceiling Reviews/Corporate
Management Reviews
• Also called corporate management reviews
• Focus primarily on the decision making of CEOs and senior executives rather on job group analysis.
• Done concurrently with an ordinary compliance evaluation, usually by a team of OFCCP management personnel.
2-53

© SHRM
Reverse discrimination
•
Courts allow temporary preference to protected classes.
Quota vs. merit hiring
•
Generally not allowed by the courts.
Bona fide occupational qualification
•
Carefully scrutinized by courts.

• Regents of the University of California v. Bakke
• Supreme Court ruled that colleges could legitimately consider race as a factor in the admission practices.
2-55

• United Steelworkers v. Weber
– The plan purpose mirrored the goals of Title
VII - to break down racial segregation and hierarchy.
– Plan did not attempt to achieve a racial balance, only to break down the manifest racial imbalance.
– The plan was temporary.
– Plan did not unnecessarily limit the interests of white employees.
2-56

Johnson v. Santa Clara County Transportation
Agency
• Supreme Court endorsed using gender as one factor in the decision if underrepresentation is shown and if the AAP is not a quota system.
• Private employers – permits limited voluntary AA for past and present imbalance.
• Public employers – voluntary AA for past discrimination but not simply to remedy current imbalance.
• In Johnson and Weber, Court indicated that a strict quota system would not be allowed.
2-57

General Dynamics Land Systems, Inc. v. Cline
• Supreme Court held that the ADEA does not protect younger workers - even if they are over 40
– from workplace decisions that favor older workers.
2-58

• The Supreme Court held that employers may violate Title VII when they engage in race-conscious decision making to address adverse impact – unless they can demonstrate a “strong basis in evidence” that, had they not taken the action, they would have been liable under a disparate impact theory.
• Made it clear that compensating for apparent disparate impact discrimination by changing employment decisions to favor minorities may expose employers to disparate treatment liability to non-minorities.
• One of the most significant takeaways is that employers should reexamine their employment testing procedures. It is unwise for an employer to announce and use any test that has not been properly validated.
2-59

• 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

© SHRM
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.

2-62

Meritor Savings
Bank v. Vinson
•
Held that sexual harassment violates
Title VII.
Harris v. Forklift
Systems, Inc.
• Established “reasonable person” standard.
Oncale v.
Sundowner Offshore
Service, Inc.
Faragher v. City of
Boca Raton and
Ellerth v. Burlington
Northern Industries
© SHRM
•
Same-gender harassment is actionable.
•
Held employers liable for supervisory harassment that resulted in adverse employment action.

• Court distinguished between harassment that does and does not result in tangible employment action.
• Harassment that results in tangible employment action – employer is always liable.
• Harassment that does not result in tangible employment action – the employer may establish an affirmative defense to liability and damages.
2-64

• Employer must demonstrate that it exercised reasonable care to prevent and promptly correct the harassing behavior and that the plaintiff failed to take advantage of the preventive and corrective opportunities.
2-65

• Employers are liable for discriminatory actions by their employees.
• Employers must intervene and end harassment through intervention or discipline.
• Employees should utilize preventive and corrective action opportunities.
2-66

• Court held that in the absence of a tangible employment action the Ellerth/Faragher affirmative defense is available in a constructive discharge claim. If a supervisor’s “official act” is what “precipitates” the constructive discharge, the affirmative defense does not apply. (Last Straw)
• If the employee’s resignation was not prompted by his or her demotion, denial of a promotion, etc., the employer can defend on the grounds that the employee did not give it the opportunity to solve the problem before the employee quit.
2-67

• 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. (Even if the employee is resigning and the employee reports harassment as the reason they are resigning.)
• Discipline if necessary.
• Communicate via multiple methods to management and employees.
© SHRM

• No federal statue bars employment discrimination on the basis of sexual orientation.
• The term “sex” refers to the condition of being a male or female, not to sexual orientation.
• Some states offer protection against “gender identity” discrimination.
2-69

•
•
•
•
•
Meritor Savings Bank v Vinson - Court ruling that first held that sexual harassment violates Title VII of the Civil Rights Act of 1964 regardless of whether it is quid pro quo or hostile environment harassment. The Monitor and the Merimac (First submarines used in the Civil War).
Harris v Forklift Systems – Court ruling that established “reasonable person” standard in a sexual harassment case. You want a reasonable person driving a forklift.
Oncale v S undowner Offshore S ervice – Court ruled that same-gender harassment is actionable under Title VII. “ S ” and “ S ”, think “ Same Sex ”.
Faragher v City of Boca Raton - Court ruled that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
Pennsylvania State Police v S uders Case in which Supreme Court ruled on the use of the affirmative defense in a constructive discharge claim to an employer whose supervisors are charged with harassment. ( Last Straw ) Suders equals Straw.
2-70

• Gr i ggs v Duke Power - Case that recognized adverse impact discrimination. Griggs has an “ I ”.
• McDonnell Douglas Corp v Green - Case established criteria for disparate treatment. You treat your grass and it turns “ green ”.
• Albemarle Paper v Moody - Court ruling that tests used to validate employment requirements must be job-related. You take tests on
“ paper ”.
• St. Mary’s Honor Center v Hicks - Court ruling that Title VII plaintiff must show that discrimination was the real reason for an employer’s action. Honor equals not based on a lie .
• M cKennon v N ashville Banner Publishing - Case dealt with after acquired evidence. Think “N” comes after “M”.
2-71

© SHRM
• Identifies human capital needs.
• Provides qualified individuals for jobs in the organization.
• Organization analyzes its workforce and prepares for future needs.
•
Forecasts future conditions and identifies gaps between current and future staff.

© SHRM

Determines the relationship between two variables.
Year Business Factor
(sales in millions)
1
2
3
4
5
6
$3.613
$3.748
$3.880
$4.095
$4.283
$4.446
Labor Productivity
(annual sales per employee)
$11,120
$11,120
$12,520
$12,520
$12,520
$12,520
HR Demand
(number of employees)
325
337
310
327
342
355
© SHRM

Plots the number of employees for the last six years and projects the trend out for two more years.
Number of
Employees
380
370
360
350
340
330
320
310
1 2 3 4 5
Years
6 7 8
© SHRM

• 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

Projects future movement.
Inflow
Transfers 5
Promotions 4
New hires 15
Recalls 10
Total 34
Current
Staff
Outflow
Promotions 5
Resignations 13
Demotions 0
Retirements 4
Terminations 3
Layoffs 15
Total 40
© SHRM

SPHR only
Projects the number of employees and the types of skills needed for the future.
Judgmental forecasts
• Managerial estimates
• Delphi technique
• Nominal group technique
Statistical forecasts
•
Regression analysis
•
Simulations
© SHRM

– Managerial estimates – Consists of projections made by managers.
– Delphi technique – Information is progressively collected from a group on a pre-selected issue.
The group never meets.
– Nominal group technique – A variety of individuals meet to forecast ideas and assumptions and prioritize issues. The group meets.
2-79

Statistical Forecasts generally fall into two categories : regression analysis and simulations.
– Simple linear regression is a projection of future demand based on a past relationship between employment level and a single variable related to employment.
– Multiple linear regression operates the same way except that several variables are utilized to project future demand.
– Simulations are basically “ What if ” scenarios.
2-80

Four terms describe how a firm manages its international operations.
SPHR only
Ethnocentric Polycentric Regiocentric Geocentric
© SHRM

• Ethnocentric – Headquarters maintains tight control over international operations.
• Polycentric – Each international operation is treated as a distinct national entity.
• Regiocentric – Operations are managed regionally.
• Geocentric – Organization is viewed as a single international business rather than a collection of individual headquarters-country and international operations.
2-82

• Parent-country nationals (PCNs) – Citizens of the organization’s headquarters country who reside and work abroad with the intent of returning to the home country.
• Third-country nationals (TCNs) – Employees who are citizens of countries other than where they work or where the organization’s headquarters resides.
• Home-country nationals (HCNs) – Employees working in their own country.
• Expatriates – Collective term for employees sent abroad to work in a country other than where they live.
• Inpatriates – Employees brought in from another country to work in the headquarters country for a specified period.
• Repatriates – Employees who have returned home from an international assignment.
2-83

• Short-term assignees
• Long-term assignees
• Sequential/rotational employees
• Commuting employees
(international commuters)
• Frequent flyers/extended business travelers
• Stealth expats/stealth pats/stealth assignees
• Local hires (local nationals)
• Localized employees
SPHR only
• Permanent assignees
(permanent locals)
• Interns/trainees (temporary, nonimmigrants)
• Returnees
• Virtual employees
• Retirees
• Part-time employees
• Temporary (contingent) employees
• Temp-to-hire (temp-topermanent) employees
• Outsourced employees
2-84

© SHRM
Job analysis
Job description
Job specifications
Job competencies
Employee job

• A systematic study of jobs to determine what activities they include, their relative importance, their relationship with other jobs, personal qualifications necessary for the performance of the jobs, and the conditions under which the work is performed.
2-86

• Information necessary for task performance
•
Level of proficiency needed for task performance
•
Capabilities necessary to perform job
© SHRM

• Job context: Purpose of job, work environment, place in organization
• Job content: Duties and responsibilities
• Job specifications/qualifications: KSAs required
• Performance criteria: Desired behaviors and/or results
2-88

•
•
•
•
•
© SHRM

• Observation – Works best for short-cycle jobs in production.
• Interview – Good for professional jobs.
• Open-ended questionnaire – Good when a large number of jobs must be analyzed and there are insufficient resources to do it.
• Highly structured questionnaire Defines job with a relatively objective approach, which also enables analysis to be performed using computer models.
• Work diary or log – Provides enormous amount of data. Difficult to interpret.
2-90

• Job description
– Written description and job requirements (title and duties)
• Job specification
– Written statements of the necessary job qualifications (education and experience)
2-91

© SHRM
Recruiting
Affirmative action plan
Legal defense
Compensation administration
Career paths/ succession planning
Job analysis
Training
Organizational design
Performance standards
Performance appraisals
Time management/ goal setting

• Fundamental job-related duties that are necessary to the position.
• Essential functions are distinguished from nonessential or marginal functions that are part of the job but are incidental to the purpose and nature of the job.
2-93

Summarize the most important features of a job.
Describe the work that details 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

Qualifications necessary for an incumbent to be able to perform the job.
Include experience, training, education, licenses, and certification required.
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

• Job competencies represent the knowledge, skills, abilities, and personal characteristics that work together to produce outstanding performance. They are the critical success factors needed to perform in a job or functional area.
• A competency model is a set of competencies that make up a profile for success in a particular job.
• Core competencies are aligned with key business objectives and/or values and contribute to organizational success.
• Behavioral interviews are commonly used to identify competencies.
© SHRM

© SHRM
Job posting
Job bidding
Skill banks and skill tracking systems
Employee referrals

Labor unions and third-party sources
Former employees, previous applicants, and walk-ins
Trade and professional associations
The Internet
Nontraditional labor pools
Minority recruiting
School-to-work programs
© SHRM
Media advertising
Educational recruiting

• Positions the company as an “employer of choice” in the labor market.
• The value proposition must be aligned with the organizational strategic plan, vision, mission, and values and create an image that attracts and retains people.
• Uses the same tools used to market the product.
• Must provide an accurate picture of employment for employees and candidates.
• Employment branding is closely tied to supply and demand analysis.
• An organization’s value proposition is the foundation of employment branding.
© SHRM

• Short-term
– Time to recruit applicants
– Selection and acceptance rates
– Cost per applicant hired
– Quantity and quality of applicants
– EEO implications
• Long-term
– Performance of hires
– Turnover
– Absenteeism per hire
– Training costs
© SHRM

Qualified applicants 100
Total applicants 300
= 33%
Minority applicants 80
Total applicants 300
= 27%
Offers extended 5
Qualified applicants 15
= 33%
Offers extended 5
Final interviews 10
= 50%
Female applicants 185
Total applicants 300
= 62%
Offers accepted 3
Offers extended 5
= 60%
© SHRM

• Also known as alternative staffing.
• Uses alternative recruiting sources and workers who are not regular employees.
• The choice of arrangement depends on:
– The function.
– Level of supervision required.
– Time constraints.
– Financial constraints.
– Legal risks and liability.
© SHRM

• The organization and alternative staffing supplier share joint responsibility for alternative workers.
• Agreement summarizes the:
– Legal relationship.
– Rights and obligations .
• Potential liability varies depending on the nature of the agreement.
© SHRM

• The process of hiring the most suitable candidate for a vacant position.
• Involves a series of filters designed to narrow the field of applicants down to a select few.
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© SHRM
Selection
Step 1: Analyzing application forms
Step 2: Interviewing
Step 3: Testing and background investigation
Step 4: Contingent job offer
Step 5:
Employment offer

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.

• Prescreening
• In-depth interviews
– Structured
– Patterned
– Stress
– Directive
– Nondirective
– Behavioral
– Situational
– Group
Questions should be jobrelated and nondiscriminatory.
© SHRM

• The interviewer asks every applicant the same questions; follow-up probes, may be different.
• This type of interview is also called a repetitive interview.
• Best to use when the managers have limited interviewer training and experience.
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• The interviewer asks each applicant questions that are from the same knowledge, skill, or ability area; the questions however, are not necessarily the same.
• Also called a targeted interview.
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• Behavioral interviews focus on how the applicant previously handled situations.
• Situational interviews focus on how an applicant would handle a particular situation. Situational interview questions are useful when applicants do not have the necessary experience to describe relevant examples from their past.
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• Two types of interviews are commonly categorized as group interviews.
• One where there are multiple job candidates interviewed by one or more interviewers at the same time. This is usually done where the job duties are clearly defined and numerous candidates are involved.
• The most common type of group interview is where there are multiple people in an organization that serve as interviewers for a single job candidate.
• Team Interview – Used in situations where the position relies heavily on team cooperation. Similar to the 360-degree process.
• Panel Interview – Structured questions are spread across the group. The individual most competent in the relevant area asks the questions.
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First-impression and similar-to-me errors
Stereotyping
Questioning inconsistencies
Contrast effect
Negative emphasis
© SHRM
Nonverbal bias
Cultural noise
Halo/horn effect

• Tests
– Cognitive ability
– Personality
– Aptitude
– Psychomotor
– Assessment centers
– Honesty/integrity
– Polygraph
– Substance abuse
• Background checks
– Work reference
– Verification of academic credentials
– Credit history
– Motor vehicle
– Criminal background
© SHRM

• Assesses skills the candidate has already learned.
• A generic term describing the process and results of thinking or information processing. It measures an individual’s abilities related to verbal and mathematical skills, logic, reasoning, and reading comprehension as well as capacity to utilize mental processes to solve work-related problems.
• Example: Typing tests
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• Assessment centers are not necessarily a place but rather a method of evaluating candidates. They are content-valid work samples of a managerial job and typically used to select internal employees with potential for promotion.
• Range from one day to one week duration.
• Usually consists of multiple means of assessment, multiple assessees, and multiple assessors.
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• Reliability – Ability of an instrument to measure with a high degree of consistency.
• Validity – Degree to which inferences made from tests are correct and accurate. In other words, did the test measure what it was intended to measure?
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• 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:
– Failure to measure an important attribute
– Irrelevant questions in an interview
– Different time limits for people taking a test
– Rater bias in evaluating candidates
© SHRM

• Content validity
– Degree to which a test measures knowledge, skills, and abilities that are part of the job. It is the least sophisticated type of validity to assess. Used primarily to evaluate job knowledge and skill. Not appropriate for evaluating the ability to learn new skills.
• Construct validity
– Degree to which a selection device measures a theoretical construct or trait. Typical constructs are intelligence or mechanical comprehension, personality traits include characteristics like anxiety.
• Criterion-related validity
– Correlation of test results to job performance
• Predictive
• Concurrent
© SHRM

Predictors
 Completed application form
 Résumé data
 Interview answers
 Test scores
Criterion Variable
 Performance evaluations
 Productivity
 Absenteeism
The greater the overlap between predictors and variables, the better the predictor.
Complete correlation = +1 or –1
Absence of correlation = 0
© SHRM

Approaches to Establishing Criterion-
Related Validity: Concurrent Validity
Test employees on key attribute.
Measure employees' job performance.
Correlate two sets of numbers.
© SHRM

Approaches to Establishing Criterion-
Related Validity: Predictive Validity
© SHRM
Measure all applicants on attribute.
Hire and wait for some time period.
Measure performance of newly hired employees.
Obtain correlation between these two numbers.

• Helps a candidate make an informed decision.
• Allows the organization to objectively portray the job.
• Examples of job preview techniques may include:
– “Multiple jolts of reality”
– Job telephone information line
– Job simulations
– Video presentations
– Workplace tours
– Interviews with job incumbents
© SHRM

•
•
© SHRM

• 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.
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• 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.
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© SHRM
• Provide clear and consistent job expectations.
• Provide clear and fair supervision.
•
Provide training and growth opportunities.
•
Respect and recognize employees.
•
Reward employees fairly.

• Manages the way people leave an organization.
• Layoffs or RIFs are based on:
– Skills.
– Work record.
– Seniority.
– Disparate impact implications.
– EEO/legal considerations.
• Management should document the criteria used to make layoff decisions.
• Separations should be considered a termination if there is no chance of a recall.
• Severance packages are not required by federal law.
© SHRM

Steps HR can take to help employees through the transition following RIF
• Communication - New goals and structures must be clearly communicated.
• Behavior - Give examples of actions that are appreciated.
• Timing - Be speedy.
• Leadership - Lead by example.
• Clarity - Job definitions and responsibilities.
• Rewards - Realign to support organizational goals.
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Constructive discharge
Retaliatory discharge
Coercion

• When an employer makes working conditions so intolerable that the employee has no choice but to resign.
• By itself, constructive discharge does not create a liability for the employer.
• A constructive discharge will be deemed a discharge, and, if the termination is unlawful, the employer would be liable.
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• The result of an employer punishing an employee for engaging in activities protected by the law, such as:
– Filing a discrimination charge
– Opposing unlawful employer practice
(whistleblowing)
– Participating in a protected leave of absence
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• Example: An employee involuntarily retires because they were offered a choice of early retirement, demotion, or dismissal.
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• 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

• Waivers must be in writing and the employee considering signing must:
– Receive some thing of value that they would not otherwise be entitled to receive.
– Be advised in writing to consult an attorney before signing.
– Be given at least 21 days to consider the agreement, 45 days if more than one employee.
– Receive disclosure information for adverse impact on older workers if more than one employee is exiting.
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• Gain candid information from departing employees.
• Are conducted most often when terminations are voluntary.
• Are conducted by a neutral party.
• 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.
© SHRM

• Requirements may depend on:
– Federal and state statutes.
– Status as a government contractor or subcontractor.
– Number of employees or purpose of record keeping.
– Industry, location, or customers.
© SHRM