Human Resource Management (HRM)
the process of finding, developing, and keeping the right people to form a qualified workforce
- Exist withing a complex legal environment
1. major federal employment laws that affect human resource practice
2. adverse impact as it relates to employment discrimination
3. laws regarding sexual harassment in the workplace
Major Federal Employment Laws
- Fair Labor Standards Act (FLSA) of 1938: Establishes the federal minimum wage and rules related to overtime pay (eligibility and rates), recordkeeping, and child labor.
- Equal Pay Act of 1963: Prohibits unequal pay for males and females doing substantially similar work.
- Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin.
- Age Discrimination in Employment Act of 1967: Prohibits discrimination in employment decisions against persons age 40 and older.
- Pregnancy Discrimination Act of 1978: Prohibits discrimination in employment against pregnant women.
- Americans with Disabilities Act of 1990: Prohibits discrimination on the basis of physical or mental disabilities.
Major Federal Employment Laws - Pt 2
- Civil Rights Act of 1991: Strengthened the provisions of the Civil Rights Act of 1964 by providing for jury trials and punitive damages.
- Family and Medical Leave Act of 1993: Permits workers to take up to 12 weeks of unpaid leave for pregnancy and/or birth of a new child, adoption, or foster care of a new child; illness of an immediate family member; or personal medical leave.
- Uniformed Services Employment and Reemployment Rights Act of 1994: Prohibits discrimination against those serving in the armed forces reserve, the National Guard, and other uniformed services; guarantees that civilian employers will hold and then restore civilian jobs.
- Genetic Information Nondiscrimination Act of 2008: Prohibits discrimination on
the basis of genetic information.
Labor Laws
Regulate the interaction between management and labor unions that
represent groups of employees
Occupational Safety and Health Administration (OSHA)
Sets safety and health standards for employers and conducts inspections to determine whether those standards are being met
Bona fide occupational qualification (BFOQ)
an exception in employment law
that permits sex, age, religion, and the like to be used when making employment decisions, but only if they are “reasonably necessary to the normal operation of that particular business.” BFOQs are strictly monitored by the Equal Employment Opportunity Commission
Disparate treatment
intentional discrimination that occurs:
* when people are purposely not given the same hiring, promotion, or
membership opportunities
* because of their race, color, sex, sexual orientation, gender identity,
age, ethnic group, national origin, or religious beliefs
Adverse impact
unintentional discrimination that occurs when members of a particular race, sex, sexual orientation, gender identity, or ethnic group are unintentionally harmed or disadvantaged
- because they are hired, promoted, or trained (or any other employment decision) at
substantially lower rates than others
Four-fifths (or 80 percent) rule
a rule of thumb used by the courts and the EEOC to determine whether there is evidence of adverse impact
- a violation of this rule occurs when the impact ratio is less than 80 percent, or four- fifths
- Impact ratio is calculated by dividing the decision ratio for a protected group by the decision ratio for a nonprotected group
Sexual harassment
a form of discrimination in which
unwelcome sexual advances, requests for sexual favors, or
other verbal or physical conduct of a sexual nature occurs while
performing one’s job
Quid pro quo sexual harassment
a form of sexual harassment in which employment outcomes, such as hiring, promotion, or simply keeping one’s job, depend on whether an individual submits to sexual harassment
Hostile work environment
a form of sexual harassment in
which unwelcome and demeaning sexually related behavior
creates an intimidating and offensive work environment
Recruiting
he process of developing a pool of qualified job applicants
Job Analysis
a purposeful, systematic process for collecting information on the important work-related aspects of a job
Job Description
a written description of the basic tasks, duties, and responsibilities required of an employee holding a particular job
Job Specifications
a written summary of the qualifications needed to successfully perform a particular job
Internal recruiting
the process of developing a pool of
qualified job applicants from people who already work in the
company
- Job posting—a procedure for advertising job openings within the
company to existing employees - Career path—a planned sequence of jobs through which employees
may advance within an organization
External recruiting
the process of developing a pool of qualified job applicants from outside the company
- Advertising
- Employee referrals
- Walk-ins, outside organizations, and employment services
- Special events
- Social media, Internet job sites, and career portals on company websites
- Identifying passive candidates, people not actively seeking a job but might be receptive to a change
Selection
the process of gathering information about job applicants
to decide who should be offered a job
Validation
the process of determining how well a selection test or procedure predicts future job performance
- the better or more accurate the prediction of future job performance, the
more valid a test is said to be
Selection Procedures
- Application forms and résumés
- Employment references
- Background checks
Human resource information system (HRIS)
a computerized system
for gathering, analyzing, storing, and disseminating information related to the HRM process
Employment references
sources such as previous employers
or coworkers who can provide job-related information about job
candidates
Background checks
procedures used to verify the
truthfulness and accuracy of information that applicants provide
about themselves and to uncover negative, job-related background information not provided by applicants
