Workforce Planning and Employment

1. Workforce Planning and Employment PHR 24% – SPHR 17%

2. Employment Discrimination

3. Civil Rights Many have been unfairly treated and discriminated against because of their age, race, religion, sex, or disability

4. Major Laws Prohibiting Race Discrimination • U.S. Constitution, Thirteenth & Fourteenth Amendments • Civil Rights Acts, 1866 & 1870 • Civil Rights Act, 1871 • New York Fair Employment Practices Act, 1945 • Title VII, Civil Rights Act, 1964, amended EEOC, 1972 • Civil Rights Act, 1991

5. Section 1981 • Section 1981 of the Civil Rights Act of 1866, applies to racial discrimination in employment relationships. • What rights are guaranteed by section 1981?

6. Civil Rights Act 1964, Title VII Prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin.

7. Civil Rights Act of 1991 Defines which actions are discriminatory and what procedures should be followed in prosecuting them.

8. Bona Fide Occupational Qualifications • Allowed to discriminate on basis of religion, sex, or national origin ONLY when these attributes are reasonably necessary for operation of business. • Race is NEVER a legitimate BFOQ.

9. Discussion Question: Under what conditions is sex considered a bona fide occupational qualification?

10. Disparate Treatment & Disparate Impact Two theories available to people who allege they have been the victims of discrimination.

11. Preponderance of Evidence Plaintiff (Worker) Defendant (Company) 1. Prima facie evidence 2. Business necessity or BFOQ 3. Pretext or less intrusive practice Refute argument Defendant wins Plaintiff wins

12. Racial Harassment • racial epithets • derogatory comments • verbal harassment • graffiti • racist jokes • name-calling • degrading & belittling conduct

13. Discussion Question: What is the employer’s responsibility when an incident of sexual or racial harassment is reported to a supervisor?

14. Gender Discrimination Prohibits sex discrimination regarding any employment condition.

15. Religious Discrimination According to the Supreme Court, what four accommodations for religious observances should NOT be required by employers?

16. Equal Employment Opportunity Commission The EEOC was created to enforce Title VII of the 1964 Civil Rights Act.

17. Supreme Court Decisions Regarding EEO & Affirmative Action Plans • University of California v. Bakke • Steelworkers v. Webber • Fullilove v. Klutznick • Wygant v. Jackson Board of Education • Local 93 v. City of Cleveland • Local 28 v. EEOC • U.S. v. Paradise • Johnson v. Transportation Agency • City of Richmond v. J.A. Croson Co. • Adarand Constructors, Inc. v. Pena • Gratz v. Bollinger • Ricci et al. v. DeStefano, et . Al.

18. 1 - A charge is filed 2 - Attempt at no-fault settlement 3 - Investigation by the EEOC 4 - Attempt to resolve through conciliation 5 - Review case for litigation Recommend against litigation: Issue right-to-sue Recommended for litigation: EEOC initiates action EEOC Procedures: Handling Discrimination Cases

19. Discrimination Remedies • back-pay • hiring quotas • reinstatement of employees • immediate promotion of employees • elimination of testing programs • special recruitment & training programs

20. EEO Reports • The Civil Rights Act requires employers to make and keep records that demonstrate their compliance with the law. • What are the EEO reporting requirements?

21. Four-fifths Rule

22. Affirmative Action Plans What are the requirements of an Affirmative Action Plan?

23. Office of Federal Contract Compliance What is the role of the Office of OFCCP?

24. Reverse Discrimination Many white males complain that AAPs have made them victims of reverse discrimination.

25. Age Discrimination in Employment Act Protects employees over age 40 from arbitrary & aged-based discrimination in hiring, promoting, training, benefits, compensation, discipline, & terminations.

26. Discussion Question: How can an employer use early retirement incentives to reduce the size of its workforce without violating the Age Discrimination in Employment Act?

27. Early Retirement Programs

28. Age-related BFOQs • business necessity • good cause • bona fide seniority system • factor other than age

29. Vocational Rehabilitation Act Increase the employment opportunities for disabled people.

30. Vietnam Era Veterans Readjustment Assistance Act Prohibits discrimination against disabled veterans.

31. Jobs for Veterans Act

32. Americans with Disabilities Act Protects people with disabilities from job discrimination.

33. Discussion Question: How should an employer respond to a job applicant who has an obvious disability? What criteria should employers use to decide whether an accommodation requested by a disabled person who is otherwise qualified is reasonable?

34. Discussion Question: What criteria should employers use to decide whether an accommodation requested by a disabled person who is otherwise qualified is reasonable?

35. Genetic Information Nondiscrimination Act Protects individuals on the basis of their genetic information.

36. Uniformed Services Employment & Re-Employment Rights Act Prohibits employers from denying employment, re-employment, retention in employment, promotions or any other employment benefit because of service in the uniformed services.

37. Immigration Reform & Control Act Reduce the number of illegal immigrants coming into the United States for employment.

38. I-9 Forms Requires two types of verifications: 1. proof of identity 2. evidence of employment authorization

39. What is the process for securing an H-1B visa?

40. Human Resource Planning

41. Human Resource Planning Human resource planning should accompany and support an organization’s business plans.

42. Strategic Business Planning Human Resource Planning Long-range planning Strategic Planning Environmental Scanning Human Resource Planning Middle-range planning Operational Planning Forecasting Short-range planning Goals and Objectives Projected Staffing Requirements Recruitment Recruitment Planning Applicant Search Selection Preliminary Screening Selection Decision Placement Staffing Model

43. Discussion Question: What interaction is needed between business planning and human resource planning?

44. Strategic Planning Model What kind of employees are needed & how many?

45. HR Planning Business Planning Strategic planning Environmental scanning Long-range planning Operational planning Forecasting Middle-range planning Annual goals and objectives Projected staffing requirements Short-range planning Alignment of Business Planning & HR Planning

46. Human Resource Information System

47. Forecasting Employment Needs • What employees will be needed in the future? • What kinds of skills and talents will the employees need? • When will the new employees be needed?

48. Long-term Forecasting What methods are commonly used for forecasting long-term employment demands?

49. Short-Term Forecasting • Typically predicts employment demands for a one-year period. • The responsibility for short-term forecasting usually belongs to the immediate supervisors and unit managers.

50. Turnover Analysis How do you perform a turnover analysis?