WEEK TWO The Nature of Staffing Chapter 2: Legal ComplianceChapter 3: PlanningSt
Grimes, Roger, Contributing Editor has reference to this Academic Journal, PHwiki organized this Journal WEEK TWO The Nature of Staffing Chapter 2: Legal ComplianceChapter 3: PlanningStaffing Organizations Model2-3Chapter OutlineThe Employment RelationshipLaws in addition to RegulationsEEO/AA Laws: General Provisions in addition to En as long as cementEEO/AA Laws: Specific Staffing ProvisionsEEO/AA in addition to Best PracticesOther Staffing LawsLegal Issues in Remainder of Book
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2-4Learning Objectives as long as This ChapterContrast legal differences among employees, independent contractors, in addition to temporary employeesAppreciate why staffing laws are necessary, in addition to their sourcesReview six major federal equal employment opportunity in addition to affirmative action lawsDistinguish between disparate treatment in addition to adverse (disparate) impact approaches to en as long as cementExamine specific staffing provisions of the six major lawsLook at other important staffing laws in addition to regulationsGain an overview of legal issues covered in Chapters 314The Employment RelationshipEmployer-employeeMost prevalent as long as m of employment relationshipInvolves an agreement between employer in addition to employee on terms in addition to conditions of employmentResults in an employment contract Independent contractorsAre not considered employees, in a legal sense, of employerTemporary employeesDo not have special legal statureEx. 2.1: Matching Process, Employment Contract, in addition to Employment Process
Laws & RegulationsNeed as long as laws in addition to regulationsBalance of powerProtection of employeesProtection of employersExh. 2.2: Sources of Laws in addition to RegulationsCommon lawConstitutional lawStatutory lawExecutive orderAgenciesExh. 2.3: Major Federal/AA Laws: General Provisions
Ex. 2.3: Major Federal/AA LawsDisparate TreatmentInvolves allegations of intentional discrimination where employer knowingly discriminated on basis of specific characteristicsEvidenceMay be directMay consist of a mixed motiveMay be inferred from situational factors1. Person belongs to a protected class2. Person applied as long as , in addition to was qualified as long as , a job employer was trying to fill3. Person was rejected despite being qualified4. Position remained open in addition to employer continued to seek applicants as qualified as person rejectedExample of Hiring Discrimination
Disparate / Adverse ImpactFocuses on effect of employment practices, rather than on motive or intent underlying themAs a result of a protected characteristic, people are adversely affected by an employment practiceEvidence – Involves use of statisticsExh. 2.5: Types of Disparate Impact StatisticsApplicant flow statisticsFour-fifths rule – An employment practice has disparate impact if hiring rate as long as minority group is less than four-fifths (or 80%) of hiring rate as long as majority groupStock statisticsConcentration statisticsLitigation Process – EEOCExh. 2.5: Types of Disparate Impact Statistics
Questions to Consider:What are the limitations of disparate impact statistics as indicators of potential staffing discriminationWhy is each of the four situational factors necessary to establishing a claim of disparate treatmentCharge filedInvestigation to determine reasonable causeIf reasonable cause found, conciliation is pursuedVoluntary settlement processPreferred method of settlementIf EEOC decides not to pursue a claim, a right to sue letter is issued to complaining partyComplementing conciliation is mediationNeutral, third-party mediates dispute to obtain agreement to resolve disputeEn as long as cement by EEOC: Initial Charge in addition to Conciliation Basic Litigation Process
En as long as cement mechanisms differ from those of EEOCCovered employers required to develop in addition to implement written AA plansEn as long as cement involvesOff-site desk audits/reviews of employers records in addition to AA plansOn-site visits/compliance reviews of employers AA plansEmployers found in noncompliance urged to change practices through conciliationIf conciliation is unsuccessful, employers subject to penalties affecting their status as federal contractorsEn as long as cement by OFCCP (Office of Federal Contract Compliance Programs) Question to ConsiderWhat factors would lead an organization to enter into a consent agreement rather than continue pursuing a suit in courtCivil Rights Act of 1964Unlawful employment practicesEstablishment of disparate impactDisparate treatmentMixed motivesBona fide occupational qualification (BFOQ)TestingTest score adjustmentsSeniority or merit systemsEmployment advertisingPregnancyPreferential treatment in addition to quotasEEO / AA Laws: Specific Staffing Provisions
2-22EEO / AA Laws: Specific Staffing ProvisionsAge Discrimination in Employment Act (1967)Prohibited age discriminationBFOQFactors other than ageSeniority systemsEmployment advertising2-23EEO / AA Laws: Specific Staffing ProvisionsAmericans with Disabilities Act (1990)Prohibited discriminationDefinition of disabilityPhysical in addition to mental impairments substantially limiting a major life activity2-24EEO / AA Laws: Specific Staffing ProvisionsAmericans with Disabilities Act (1990)EEOC clarificationsImpairment – A physiological disorder affecting one or more of a number of body systems or a mental or psychological disorder.Exp in addition to ed major life activities include sitting, st in addition to ing, lifting, in addition to mental in addition to emotional processes such as thinking, concentrating, in addition to interacting with others.Whether an impairment is substantially limiting depends on its nature in addition to severity, duration or expected duration, in addition to its permanency or long-term impact.To be substantially limiting, impairment must prevent/significantly restrict a person from per as long as ming a class or broad range of jobs in various classes.
2-25EEO / AA Laws: Specific Staffing ProvisionsAmericans with Disabilities Act (1990)Qualified individual with a disabilityEssential job functionsReasonable accommodation in addition to undue hardshipSelection of employees Medical exams as long as job applicants in addition to employeesAffirmative action2-26EEO / AA Laws: Specific Staffing ProvisionsRehabilitation Act (1973) Prohibited discriminationAffirmative actionExecutive Order 11246 (1965)Prohibited discriminationAffirmative action
2-28Other Staffing Laws: Immigration Re as long as m in addition to Control Act (1986)PurposeTo prohibit employment of unauthorized aliensTo provide civil in addition to criminal penalties as long as violationsProhibited discriminationEmployment verification system – I-9 as long as mEmployer must verify individual is not an unauthorized alien in addition to is legally eligible as long as employmentIndividuals must offer proof of identityTemporary as long as eign workersEn as long as cementEn as long as ced by Department of JusticeNoncompliance may result in fines up to $10,0002-29Other Staffing Laws: Employee Polygraph Protection Act (1988)PurposePrevent most private employers from using a polygraph on job applicants or employeesProhibited practicesRequiring applicants or employees to take a polygraphUsing results of a polygraph as long as employment decisionsDischarging or disciplining individuals as long as refusal to take a polygraphExamples of instances where polygraph may be usedEn as long as cementEn as long as ced by Department of LaborNoncompliance may result in fines up to $10,0002-30Other Staffing Laws: Fair Credit Reporting Act (1970)PurposeRegulates organizations acquisition in addition to use of consumer reports on job applicantsRequired complianceBe as long as e obtaining a report, organization mustGive applicant notice in writing a report may be obtainedObtain written authorization from applicantIf an adverse action is taken, organization mustNotify (written, oral, electronic) applicant of adverse actionProvide in as long as mation of consumer reporting agency to applicantProvide notice of applicants rights to applicantEn as long as cementEn as long as ced by Federal Trade CommissionNoncompliance may result in fines up to $1,000
3-73Legal IssuesAffirmative Action Plans (AAPs)Guidelines as long as AAPsPurpose is remedying past discrimination.Definite underutilization of women in addition to /or minorities Should not penalize majority group membersShould be eliminated once goals have been achieved All c in addition to idates should be qualifiedInclude organizational en as long as cement mechanismsEEO in addition to temporary workers3-74Discussion Question to ConsiderWhat problems might an organization encounter in creating an AAP that it might not encounter in regular staffing planning3-75Ethical IssuesIssue 1Does an organization have any ethical responsibility to share with all of its employees the results of its as long as ecasting of HR requirements in addition to availabilities Does it have any ethical responsibility not to do thisIssue 2Identify examples of ethical dilemmas an organization might confront when developing an affirmative action plan (AAP).
Grimes, Roger Contributing Editor
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