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CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace

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  1. fundamentals ofHuman Resource Management 3rd editionby R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace

  2. Three branches of U.S. government play a role in the legal environment of HRM. The executive branch _________; the legislative branch ________; and the judicial branch _________. makes laws; issues directives; interprets laws issues directives, makes laws; interprets laws interprets laws; makes laws; issues directives Test Your Knowledge

  3. Regulation of Human Resource Management

  4. Equal Employment Opportunity (EEO) • Equal employment opportunity – the condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin. • The federal government’s efforts in this area include: • constitutional amendments • legislation • executive orders • court decisions

  5. Which of the following is covered under Title VII of the Civil Rights Act? A group of Hispanic applicants claim that they were discriminated against during the hiring process. A gay man charges that he was discriminated against as reflected in his performance evaluation. A group of women claim they were denied training opportunities that their male counterparts received A group of older workers claim they were laid-off disproportionately in comparison to younger workers. Both A & C Test Your Knowledge

  6. EEO: Legislation (continued) Vocational Rehabilitation Act (1973) Vietnam Era Veteran’s Readjustment Act (1974) Requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War. It covers veterans who served between August 5, 1964 and May 7, 1975. • Covered organizations must engage in affirmative action for individuals with disabilities. • Employers are encouraged to recruit qualified individuals with disabilities and to make reasonable accommodations to them.

  7. EEO: Legislation (continued) Pregnancy Discrimination Act (1978) Americans with Disabilities Act (ADA) of 1990 Protects individuals with disabilities from being discriminated against in the workplace. Prohibits discrimination based on disability in all employment practices. Employers must take steps to accommodate individuals covered by the act. • Defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination. • Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions.

  8. EEO: Legislation (continued) Civil Rights Act (1991) Uniformed Services Employment & Reemployment Rights Act Employers must reemploy workers who left jobs to fulfill military duties for up to five years. Should be in the job they would have held if they had not left to serve in the military. • Adds compensatory and punitive damages in cases of discrimination under Title VII and the ADA. • The amount of punitive damages is limited by the act and depends on the size of the organization charged with discrimination.

  9. The Government’s Role in Providing For EEO:Equal Employment Opportunity Commission (EEOC) • Responsible for enforcing most of the EEO laws. • Investigates and resolves complaints about discrimination • Gathers information • Issues guidelines • Monitors organizations’ hiring practices • Complaints must be filed within 180 days of the incident. • EEOC has 60 days to investigate the complaint.

  10. The Government’s Role in Providing For EEO: Office of Federal Contract Compliance Procedures (OFCCP) • Responsible for enforcing the executive orders that cover companies doing business with the federal government. • Audits government contractors to ensure they are actively pursuing the goals in their affirmative action plans.

  11. Businesses’ Role in Providing for EEO:Avoiding Discrimination Disparate Treatment Bona Fide Occupational Qualification (BFOQ) A necessary (not merely preferred) qualification for performing a job. The Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job. • Differing treatment of individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status.

  12. Businesses’ Role in Providing for EEO:Avoiding Discrimination(continued) Disparate Impact Four-Fifths Rule Rule of thumb that finds evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group. • A condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.

  13. True = A False = B During an interview it is legal to ask only women if they have child-care needs. Hiring only men to model male underwear is legal. If a company unintentionally hires a disproportionate number of non-minorities, they can be held liable for discrimination. Organizations can screen candidates using a test that reliably predicts on-the-job performance. Test Your Knowledge

  14. Businesses’ Role in Providing for EEO:Avoiding Discrimination(continued) • Reasonable Accommodation: An employer’s obligation to do something to enable an otherwise qualified person to perform a job. • Companies should recognize needs based on individuals’ religion or disabilities. • Employers may need to make such accommodations as adjusting work schedules or dress codes, making the workplace more accessible, or restructuring jobs.

  15. Figure 3.5: Examples of Reasonable Accommodation under the ADA

  16. Businesses’ Role in Providing for EEO: Avoiding Discrimination(continued) • Sexual Harassment: refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when: • Submission to such conduct is made explicitly or implicitly a term of condition of an individual’s employment, • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or • Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

  17. Businesses’ Role in Providing for EEO: Avoiding Discrimination(continued) • Organizations can prevent sexual harassment by: • Developing a policy that defines and forbids it • Training employees to recognize and avoid this behavior • Providing a means for employees to complain and be protected

  18. A male manager frequently engages in sexual activity with selected female subordinates. Other women in this work environment who are not involved with the manager complain of sexual harassment due to favoritism. Do they have a case? No, because they were not directly discriminated against. No, because the contact was consensual. Yes, because the manager is making others feel uncomfortable. Yes, because any consensual relationship in the workplace among employees is prohibited. Test Your Knowledge

  19. Workplace Safety: Occupational Safety and Health Act (OSH Act) • Authorizes the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce. • Established the Occupational Safety and Health Administration (OSHA). Responsible for: • Inspecting employers • Applying safety and health standards • Levying fines for violation

  20. Workplace Safety: Occupational Safety and Health Act (OSH Act) (continued) General Duty Clause Specific Duties Employers must keep records of work-related injuries and illnesses. Employers must post and annual summary of these records from February 1 to April 30 in the following year. • Each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm.

  21. Employee Rights Under the OSH Act Employees have the right to: • Request an inspection. • Have a representative present at an inspection. • Have dangerous substances identified. • Be promptly informed about exposure to hazards and be given access to accurate records regarding exposure. • Have employer violations posted at the work site.

  22. Enforcement of the OSH Act • OSHA is responsible for inspecting businesses, applying safety and health standards, and levying fines for violations. • OSHA regulations prohibit notifying employers of inspections in advance.

  23. Which of the following has FIRST priority for inspection by OSHA officials? Catastrophes and fatal accidents Employee complaints High-hazard industries Imminent danger What’s the priority?

  24. Employer-Sponsored Safety and Health Programs: Identifying and Communicating Job Hazards Job Hazard Analysis Technique Technic of Operations Review (TOR) Method of promoting safety by determining which specific element of a job led to a past accident. • Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury.

  25. Employer-Sponsored Safety and Health Programs (continued) Reinforcing Safe Practices Promoting Safety Internationally Cultural differences make this difficult. Laws, enforcement practices, and political climates vary from country to country. Companies may operate in countries where labor standards are far less strict than in the U.S. • Implementing a safety incentive program to reward workers for their support of and commitment to safety goals. • Start by focusing on monthly or quarterly goals. • Encourage suggestions for improving safety.

  26. Summary (continued) The major federal laws requiring EEO: • Civil Rights Acts of 1866 and 1871 • Equal Pay Act of 1963 • Title VII of the Civil Rights Act of 1964 • Age Discrimination in Employment Act • Vocational Rehabilitation Act of 1973 • Vietnam Era Veteran’s Readjustment Act of 1974 • Pregnancy Discrimination Act of 1978 • Americans with Disabilities Act (1990)

  27. Summary (continued) • Civil Rights Act (1991) • Uniformed Services Employment and Reemployment Act (1994) Constitutional Amendments: • Thirteenth Amendment • Fourteenth Amendment Executive Orders: • Executive Order 11246 • Executive Order 11478

  28. Summary (continued) • The Office of Federal Contract Compliance Procedures (OFCCP) is responsible for enforcing executive orders that call for affirmative action by companies that do business with the federal government. • Employers can avoid discrimination by avoiding disparate treatment of job applicants and employees, as well as policies that result in disparate impact.

  29. Summary (continued) • Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination. • To provide reasonable accommodation, companies should recognize needs based on individuals’ religion or disabilities. • Organizations can prevent sexual harassment by developing a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected.

  30. Summary (continued) • Under the Occupational Safety and Health Act, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards. • The Occupational Safety and Health Administration publishes regulations and conducts inspections. • Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety.

  31. fundamentals ofHuman Resource Management 3rd editionby R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright CHAPTER 4 Analyzing Work and Designing Jobs

  32. Work Flow In Organizations

  33. Work Flow Design andOrganization’s Structure • Within an organization, units and individuals must cooperate to create outputs. • The organization’s structure brings together the people who must collaborate to efficiently produce the desired outputs. • Centralized • Decentralized • Functional • Product or Customer

  34. Firefighters work as a team. • They and their equipment are the inputs and the output is an extinguished fire and the rescue of people and pets. • In any organization or team, workers need to be cross- trained in several skills to create an effective team.

  35. Job Analysis The process of getting detailed information about jobs.

  36. Job Descriptions • Job Description: a list of tasks, duties, and responsibilities (TDRs) that a particular job entails. • Key components: • Job Title • Brief description of the TDRs • List of the essential duties with detailed specifications of the tasks involved in carrying out each duty

  37. Job Specifications • Job Specification: a list of the knowledge, skills, abilities, and other characteristics (KSAOs) that an individual must have to perform a particular job. • Knowledge: factual or procedural information necessary for successfully performing a task. • Skill: an individual’s level of proficiency at performing a particular task. • Ability: a more general enduring capability that an individual possesses. • Other Characteristics: job-related licensing, certifications, or personality traits.

  38. Sources of Job Information

  39. Position Analysis Questionnaire (PAQ) What is it? Key sections: Information input Mental processes Work output Relationships with other persons Job context Other characteristics • A standardized job analysis questionnaire containing 194 questions about work behaviors, work conditions, and job characteristics that apply to a wide variety of jobs.

  40. Fleishman Job Analysis System What is it? Categories of abilities: Written comprehension Deductive reasoning Manual dexterity Stamina Originality • Job analysis technique that asks subject-matter experts to evaluate a job in terms of the abilities required to perform the job.

  41. Which of the following jobs would lend themselves the best to the observation method of collecting job information. Financial analyst Bakery chef Administrative assistant CEO Test Your Knowledge

  42. Importance of Job Analysis • Job analysis is so important to HR managers that it has been called the building block of all HRM functions. • Almost every HRM program requires some type of information determined by job analysis: • Work redesign • Human resource planning • Selection • Training • Performance appraisal • Career planning • Job evaluation

  43. Trends in Job Analysis • Organizations are being viewed as a field of work needing to be done, rather than as a set series of jobs held by individuals. • “Dejobbing” –designing work by project rather than jobs.

  44. Job Design • Job Design:the process of defining how work will be performed and what tasks will be required in a given job. • Job Redesign: a similar process that involves changing an existing job design. • To design jobs effectively, a person must thoroughly understand: • the job itself (through job analysis) and • its place in the units work flow (work flow analysis)

  45. Designing Efficient Jobs • Industrial Engineering: the study of jobs to find the simplest way to structure work in order to maximize efficiency. • Reduces the complexity of work. • Allows almost anyone to be trained quickly and easily perform the job. • Used for highly specialized and repetitive jobs.

  46. Designing Jobs That Motivate: The Job Characteristics Model • Skill variety – the extent to which a job requires a variety of skills to carry out the tasks involved. • Task identity – the degree to which a job requires completing a “whole” piece of work from beginning to end. • Task significance – the extent to which the job has an important impact on the lives of other people.

  47. Designing Jobs that Motivate: The Job Characteristics Model(continued) • Autonomy – the degree to which the job allows an individual to make decisions about the way work will be carried out. • Feedback - the extent to which a person receives clear information about performance effectiveness from the work itself.

  48. Designing Jobs That Motivate (continued):Job Enlargement

  49. Designing Jobs That Motivate (continued) Job Enrichment Self-Managing Work Teams Have authority for an entire work process or segment: schedule work hire team members resolve team performance problems perform other duties traditionally handled by management Team members motivated by autonomy, skill variety, and task identity. • Empowering workers by adding more decision-making authority to jobs. • Based on Herzberg’s theory of motivation. • Individuals are motivated more by the intrinsic aspects of work.

  50. Adding more tasks to an existing job is called ____________, while adding more decision- making authority to jobs is called _________. Job extension; job rotation Job rotation; job enrichment Job enlargement; job enrichment Job enlargement; job rotation Test Your Knowledge