Workforce Planning and
Employment
TCHRA
2013
Larry Morgan, SPHR, GPHR, MAIR
Orion HR Group, LLC
©Orion HR Group, LLC
Workforce Planning and
Development


24% PHR
17% SPHR
What areas are covered on the
exam?










Legal and legislative issues
Discrimination issues
Organization staffing
Job analysis and documentation
Recruitment
Flexible staffing
Selection and retention
Organization exit
Records management
Only federal legislation
Key legislation

Title VII of the Civil Rights Act (1964)
 Prohibits discrimination in hiring, firing,
layoff, compensation, benefits, training,
promotions / advancement, etc. based on
the following:
 Race
 Color
 National origin
 Religion
 Gender and gender identity
 Sexual harassment
Legislation, continued


Exceptions to Title VII
 Work related
 BFOQ
 Seniority
Civil Rights Act (1991)
 Jury trial
 Compensatory and punitive damage
limits




15- 100 ees
101-200 ees
201-500 ees
501 and over
$ 50,000
$100,000
$200,000
$300,000
Which statement about Title VII is
accurate?
A.
B.
C.
D.
All employees must go through
sexual harassment training
Discrimination against race and
sexual orientation is prohibited
All employees must be paid the
same
Employees must have an equal
opportunity to participate in
training
Additional legislation






GINA
Equal Pay Act
Fair Pay Act
Age Discrimination Employment Act
 BFOQ exception
 Bona fide seniority plan
 Top executives
 Pilot or public safety officer
Pregnancy Discrimination Act
Sexual orientation not covered at federal
level
Legislation

Americans with Disabilities Act
(1990)




Essential duties
Reasonable accommodation
Alcoholism and drug use
ADA Amendments Act (2008)




Expanded ADA
Mitigation
“Regarded as” clause
Reasonable accommodation
Legislation

Uniform Guidelines on Employee
Selection Procedures






Recruitment
Testing
Interviewing
Selection
Performance appraisals
Adverse impact (disparate impact)
concept and analysis for hiring,
layoffs, promotions, etc.
Adverse impact
aka “80%” or “4/5th” rule
A company interviews 60 males and
40 females.
 They hire 30 males and 10 females.
 What is the selection rate of females?
 Does adverse impact exist?

Adverse impact
Group
Males
Females
Number
Interviewed
Number
Hired
Percentage
Hired
60
40
30
10
50%
25%
Answer:
Yes.
Calculation:
50% of the males (high group) were hired. To determine
adverse impact, multiply 4/5 or 80% of 50% = 40%.
Adverse impact occurred because 25% of the females
(low group) were hired, not the required threshold of 40%.
If adverse impact exists….

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Analyze data
Review testing methodology for
bias, job relatedness, validity and
reliability
Abandon or modify the procedure
Justify as business necessary
Defenses to discrimination



Work related requirements
BFOQ
Seniority systems
Executive orders



What is an executive order?
Executive order 11246
Executive order 13496
Other




Section 503 of the Rehabilitation
Act
Vietnam Era Veterans Readjustment
Assistance Act
Jobs for Veterans Act
Rehabilitation Act of 1973
The ADA applies to:
A.
B.
C.
D.
Only private organizations with 50
or more employers
Employers who contract with state
or federal governments
All employers, regardless of size
Employers with 15 or more
employees
Immigration

Immigration and Nationality Act




Resident and nonresident
Immigrant and nonimmigrant
Documented and undocumented
Immigration Reform and Control Act

I-9
3 days to provide proof
 List A- documents that establish identity and
employment authorization
 List B- Identity
 List C- Employment authorization


E-verify
Visa

Visa



First preference EB-1
Second preference EB-2
Third preference EB-3
WARN Act

100 or more



Full time employees
Full and part time employees working
in aggregate at least 4,000 hours per
week
60 days advance notice to



Affected workers
State dislocated worker units
Chief elected official of the local
government
More laws



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
Congressional Accountability Act
Uniformed Services Employment and
Reemployment Rights Act
Employee Polygraph Protection Act
Consumer Credit Protection Act
Fair Credit Reporting Act
Fair and Accurate Credit Transactions
Act
Which of the following assists employers in
complying with federal regulations against
discrimination?
A.
B.
C.
D.
Title VII
Congressional Accountability Act
Executive Order 11246
Uniform Guidelines on Employee
Selection Procedures
Equal Employment Opportunity



No discrimination based on a
protected class
EEOC vs. Affirmative Action
EEO Reporting for employers with
100 or more employees




Sept 30 each year
Race, ethnicity and gender
Nine job categories
Applicant flow data
EEOC Complaint Process




Charge filed and employer notified
Employer response
EEOC attempts mediation and
settlement
EEOC findings


Probable cause
No determination
No probable cause
Affirmative action plans




Preferential hiring based on past
discrimination
Court order
State or federal contracts
Data analysis




Metropolitan Area Statistical Database
Workforce analysis
9 categories
Annual reporting
Key elements of an AAP

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Organization profile
Organization display
Workforce analysis
Availability analysis
Placement goals
Applicant Flow Data


Track applications to prove lack of
discrimination
Definition of electronic job applicant




Employer must be seeking to fill job
Individual must have followed the
employers application process
Individual must express interest in a
particular job
Individual must be qualified
Key Cases to know




Griggs v. Duke Power
McDonnell Douglas Corp. v. Green
Abermarle Paper v. Moody
Washington v. Davis
Key concepts to be familiar with

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Voluntary compliance with AA
Glass ceiling
Reverse discrimination
Corporate management compliance
evaluation
Quota vs. merit hiring
Employment Practices Liability Insurance
(EPLI)
Vicarious liability
Defamation
Libel
Slander
Sexual harassment





Quid pro quo
 “this for that”
Hostile work environment
 Sexual or other conduct is so severe and
pervasive that it interferes with an
individuals performance; creates an
intimidating, threatening or humiliating
work environment.
Third party harassment
Same sex harassment covered
Sexual orientation not covered specifically
at federal level but may be harassment
Other harassment issues






Bullying
Social media
Cyberharassment
Intimidation, destruction of property,
sabotage
Jerk behavior vs. harassment
Important to deal with if it involves a
protected class
Employer responses to
harassment

Policy revisions






Social media
Cyberharassment
Code of Conduct
Complaint process
Fast investigation
Training of all employees, especially
supervisors
Why are employers responsible for the
discriminatory action of their
supervisors?
A.
B.
C.
D.
EEOC regulations
Quid pro quo
Vicarious liability
Defamation
Staffing vs. Workforce Planning

Staffing



Identify current human capital needs
Supply qualified labor through
recruiting and redeployment
Workforce planning



Analyze workforce and identify future
needs
Conduct gap analysis
Supply, demand, budget and strategic
analysis
Workforce Analysis

Four stages




Supply analysis
Demand analysis
Gap analysis
Solution analysis
Workforce analysis techniques

Supply analysis – where are we now?




Trend and ratio projections
Turnover analysis
Flow analysis
Demand analysis – Where do we want/need
to be?

Judgement forecasts
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

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Managerial estimates
Delphi technique
Nominal group technique
Statistical forecasts
Gap analysis – What is lacking?
Solutions analysis – How will we get there?
International Workforce Planning
(SPHR only)

Four terms used to describe
international business operations




Ethnocentric
Polycentric
Regiocentric
Geocentric
International workers (SPHR Only)

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Parent country nationals
Third country nationals
Host country nationals
Expatriates
Inpatriates
Repatriates
International assignee
Types of International Workers
(SPHR only)


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Short term assignees
Long term assignees
Sequential/ rotational employees
Commuting employees
Frequent flyers / extended business
travelers
Stealth expats
Local hires / local nationals
Localized employees
Permanent assignees / permanent locals
Returnees
Outsourced employees
Job analysis


A “Job” is a collection of activities (tasks)
and responsibilities that an employee is
responsible to conduct.
Job analysis is the systematic study of jobs
to determine what activities (tasks) and
responsibilities they include, their relative
importance and relationship with other
jobs, the personal qualifications necessary
for performance of their jobs, and the
conditions under which the work is
performed.
KSA’s
Three key elements are included in a
job analysis



Knowledge
Skills
Abilities
Sometimes
“O” (other such as
working conditions)
Methods of job analysis





Observation
Interview
Open-ended questionnaire
Highly structured questionnaire
Work diary or log
Job analysis outcomes


Job specifications
 Education
 Experience
 Training
 Mental abilities
 Physical efforts and
skills
 Judgment
 Decision making
Performance standards

Job description
 Job title and
organization
 Relationships
 Duties and
responsibilities
 Essential job functions
 Nonessential job
functions
 Working conditions
 Level of decision
making
 Level of financial
accountability
How are job descriptions used?


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Recruitment
Selection
Performance appraisal
Compensation and FLSA
Development
Promotions
Discipline / termination
ADA- essential functions
Litigation defense
Skill vs. competencies

Skills



Competencies






Observable and testable
“Price of admission”
More than job knowledge, skills and
abilities
Developed over time
Personal to the employee
Emotional intelligence
Examples
Organization competencies
Which of the following produces a written
summary of the work performed by an
employee?
A.
B.
C.
D.
Job
Job
Job
Job
description
analysis
summary
specification
Recruitment methods

Internal
 Postings
 Job bidding
 Skill banks / skill
tracking systems
 Employee referrals

External
 Former employees
 Previous applicants
 Labor unions
 Walk ins
 Educational institutions or
Alumni associations
 Job fairs
 Professional organizations
 Internet postings
 Organization web site
 Monster / Career builder
 Social media
 Professional recruiters
 Temporary agencies
 State employment agencies
 Outplacement firms
Employees are given an opportunity to
indicate interest in an announced opening
through:
A.
B.
C.
D.
Skill tracking
Succession planning
Job posting
Job analysis
Employment branding

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Defines the “EVP”
Employer of choice
Brand pillar identification
Web site
Social media
Work environment awards
Benchmarking
Touchpoint mapping
Media ads
Personalized channels for external audiences
Collateral material
Marketing campaigns
Community events
Evaluating recruitment
effectiveness

Short term
 Time to recruit
 Cost to recruit
 Selection and
acceptance rate of
applicants
 Quantity of
applicants
 Quality of applicants
 EEOC implications

Long term
 Performance of hires
 Turnover
 Absenteeism of
hires
 Training costs
Cost per hire
Σ (External Costs) + Σ (Internal Costs)
___________________________________
Total number of hires in a time
period
Recruitment Cost Ratio
External costs + Internal costs
________________________ x 100
Total first year compensation of hires
In a time period
Example
$200,000 x 100 = 10%
$2,000,000
Candidate yield

Determine yield ratio






Number of applicants
Number interviewed
Offers extended
Offers accepted
Male vs. female
Minority
Qualified applicants
______________
Ratio
Total applicants
100
___
300
= 33% Yield
Flexible staffing


Identify function, level of supervision required, time
constraints, financial constraints, concerns over legal
risks and liability
Alternatives
 Independent contractors
 On call workers
 Agency
 Temporary employees
 Seasonal employees
 Temp to hire
 Contract workers
 Co-employment / joint employment arrangements
Hiring Process
Identify Needs
Recruitment
Review applications and resumes
Screening and interviewing
Contingent Offer
Testing *
Background Checks
Application process

Forms







Short
Long
Targeted application
Weighted application
Resumes
Prescreening phone calls
Applicant notification
When candidates supply resumes, why
should they also complete application
forms?
A.
B.
C.
D.
It is required by EEOC
It produces information about the
candidate employers cannot ask in
an interview
The forms require applicants to
verify that the content is accurate
The forms are maintained while
resumes should be destroyed
Interviewing


Prescreening interviews
In-depth interviews








Structured
Patterned
Stress
Directive
Nondirective
Behavioral
Situational
Group (team or panel)
Interviewer bias


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
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


Stereotyping
Inconsistency in questioning
First impression error
Negative emphasis
Halo / horn effect
Nonverbal bias
Contrast error
Similar to me error
Cultural noise
If the interviewer allows one negative
point to overshadow positive points, it is
an example of
A.
B.
C.
D.
Cultural noise
Contrast effect
Horn effect
Halo effect
Testing


Uniform guidelines on employee selection
procedures
Types of tests
 Cognitive ability
 Personality
 Aptitude
 Psychomotor
 Assessment centers
 Honesty / integrity
 Polygraph
 Substance abuse
 Drug Free Workplace Act
The type of testing which measures
capacity to learn or acquire new skills:
A.
B.
C.
D.
Personality
Psychomotor
Aptitude
Dexterity
Background checks





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

Fair Credit Reporting Act
Work reference checks
Academic credentials
Motor vehicle /drivers license
Credit history
Criminal background
Social security
Social media
Reliability and Validity

Reliability




Consistent results over time
Same instrument
Different raters
Validity





Content
Construct
Criterion related
Concurrent
Predictive
Which of the following is an
example of construct validity?
A.
B.
C.
D.
Administrative assistants with
college degrees measured against
those without degrees
Flight controllers tested for
leadership and critical thinking
skills
Computer programmers asked to
debug a coding section
New hires are tested and compared
against experienced employees
Realistic job previewing



The good, the bad and the ugly
Provides opportunity for self selection
Examples
 Typical day
 Organization mission/vision/values
 Description of organization products or
services
 Positive and negative aspects of job
 Opportunities for advancement and
development
 Tours of workplace
Contingent job offer


Written offer with title, salary, start
date, reporting relationship,
benefits provided, etc.
Identify specific contingencies






Drug test
Background check
Physical or psychological test
Qualified medical exam
Licensure or certification
Training
Employment contracts




Override “employment at will”
Typically used for executives or sales
May be written or verbal
Terms
 Length of agreement
 General duties and expectations
 Confidentiality and nondisclosure
 Invention, trade secret or proprietary information
 Non-compete
 Compensation and benefits
 Terms for resignation /termination
 Severance
 Change in control
 Relocation
Retention issues


Definition
Costs








Financial
Other
Replacement
Training
Strategies
Evaluating retention strategies
Onboarding
Succession planning
Organization exit





Offboarding
Reduction in force
Severance packages
Downsizing
Terminations





Wrongful termination
Constructive discharge
Retaliatory discharge
Coercion
Involuntary discharge
Downsizing





Organization exit
Layoffs / Reduction in force (note
WARN Act)
Merger and acquisition
Severance
Waiver and release
Before conducting a layoff, the
organization should conduct:
A.
B.
C.
D.
A nine factor analysis
A review of personnel files for
performance issues
A review of unemployment claims
Assessment against disparate
impact for age
Terminations




Takes two to hire, two to fire
Voluntary termination
Exit interviews
Outplacement
Termination tips

Do









Give as much warning as
possible
Meet in private
Be respectful
Make sure the employee hears
the termination from a
manager and not a co-worker
Express appreciation for what
they have done
Control the emotions
Provide them with a written
statement outlining last date of
employment, severance,
benefit issues, etc.
Inform other employees,
customers and suppliers with a
simple and basic statement.
Don’t









Don’t leave room for confusion
or ambiguity, inform them
immediately of the termination
Suggest the position is
eliminated and then rehire for
the same role
Don’t debate
Don’t rush the employee off
site unless there is a security
issue
Fire people on significant dates
Make discriminatory statement
Fire when people are on
vacation or have just returned
Discuss the termination with
other employees
Make disparaging comments
Employee records management


HIPAA regulations for Protected
Health Information (PHI) and
electronic PHI (ePHI)
Three files





Personnel file
Benefits file
I-9
Investigative notes
Control access
Record retention



State vs. federal
No clear standards
General guidance:
 Payroll records at least three years
 Applicant files- one year after position
filed
 Personnel files- one year after employee
leaves
 Retirement information- lifetime of
employee and contingent beneficiary
 Workers comp- employment of individual
Key terms to be familiar with


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





ADA
Adverse impact
Affirmative action
Age Discrimination in employment Act
Aptitude test
Assessment centers
Availability analysis
Behavioral interview
Bona Fide Occupational Qualification (BFOQ)
Civil Rights Act
Co-employment
Cognitive ability test
Competency
Concurrent validity
Congressional Accountability Act
Construct validity
Constructive discharge
Terms















Consumer Credit Protection Act
Content validity
Contrast effect
Core competencies
Criterion related validity
Cultural noise
Delphi technique
Disparate impact
Disparate treatment
Employee Polygraph Protection Act
Employment at Will
Employment branding
Employment contract
Employment practices liability insurance
Essential function
Terms
















Exit interview
Expatriates
Fair and Accurate Credit Transactions Act (FACTA)
Fair Credit Reporting Act (FCRA)
First impression error
Flexible staffing
Garnishment
Glass ceiling
Halo effect
Horn effect
Host country nationals
Hostile environment harassment
Immigration Reform and Control Act
Independent Contractors
International assignee
Involuntary termination
Terms

















Job analysis
Job applicant
Job bidding
Job description
Job posting
Judgmental forecasts
Lilly Ledbetter Fair Pay Act
Local nationals
Nominal group technique
Organization exit
Outplacement
Outsourcing
Panel interview
Parent country nationals
Patterned interview
Personality tests
Placement goals
Terms

















Polygraph test
Predictive validity
Pregnancy Discrimination Act
Prima facie
Protected class
Quid pro quo
Quota
Realistic job preview
Reasonable accommodation
Reliability
Repatriates
Retaliatory discharge
Sexual harassment
Simple linear regression
Simulations
Situational interview
Skill banks
Terms


















Stereotyping
Stress interview
Structured interview
Substance abuse tests
Targeted interview
Team interview
Third country national
Transgender
Trend and ratio analysis
Turnover
Uniform Guidelines on Employee Selection Procedures
Uniformed Services Employment and Reemployment Rights Act
Validity
Vicarious liability
WARN Act (Worker Adjustment and Retraining Notification Act)
Workforce analysis
Workforce Planning
Yield ratios
Your questions?
Larry Morgan
952-210-0742
larry.morgan@orionhr.com
www.orionhr.com