HUMAN RESOURCES Human Resource Video

Workforce Anyone 16 or older who are employed or looking for job  Service Industry  Include businesses that perform services that satisfy the needs of businesses and consumers.  Examples: Health Care Insurance Transportation Retail  Goods Industry  Include businesses that produce or manufacture products used by other businesses or purchased by final consumers  Examples: Construction Manufacturing Mining Agriculture

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Types of Workers  Work is more mental than physical  Involves handling and processing information  Examples:  Offices  Stores  Managerial  Jobs involve a great deal of physical work  Include the operation of equipment  Examples:  Factories  Construction sites  Farm and delivery White-collar WorkerBlue-collar Worker

Changing Job Requirements What factors change the requirements of the workforce?  Consumer Preference  Business Cycles  New Technology  Business Competition Downsizing Planned reduction in the number of employees needed in a firm in order to reduce costs and make the business more efficient Outsourcing Removes work from one company and sends it to another company that can complete it at a lower cost

Human Resources Goals 1. Identify Personnel Needs 2. Maintain supply of personnel to fill needs 3. Match abilities and interest with specific jobs 4. Provide training and development of employees 5. Develop compensation plan 6. Protect health and well being of employees 7. Maintain productive and satisfying work environment

Human Resources (HR) Activities Planning and Staffing  Job Analysis  Recruitment and selection  Job placement

Human Resources (HR) Activities Performance Management  Performance Assessment  Performance Improvement  Managing Promotions, transfers, and terminations

Human Resources (HR) Activities Compensation and Benefits  Wages and salaries planning  Benefit planning  Payroll, benefits, and personnel record management

Human Resources (HR) Activities Employee Relations  Health and safety planning  Labor relations  Employment law and policy enforcement  Organizational development

The Employment Relationship 11 Employment at will (EAW)  EAW is a doctrine which provides that a contract of employment for an indefinite term is terminable AT the WILL of either party.  Under EAW, an at ‑ will employee may be DISCHARGED for good cause, no cause, or even a morally wrong cause  Under EAW, an at ‑ will employee may be LEAVE for good cause, no cause, or even a morally wrong cause

Employees with more protection  Union & Public Employees  GM  Caterpillar  Teachers  Employees with Contracts  CEO’s  Actors  Baseball Players

Federal exceptions to employment at will 13  Federal civil rights laws create a major modification to employment at will  most of the states have parallel discrimination laws).  Generally passed in 1960’s and modified since...  State’s now have similar laws

Major Federal Civil Rights Legislation 14  The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

Major Federal Civil Rights Legislation 15  Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on race, color, religion, sex, or national origin

Major Federal Civil Rights Legislation  The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older 16

Major Federal Civil Rights Legislation  The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities 17

The EEOC 18  The U.S. Equal Employment Opportunity Commission (EEOC) is the primary government agency charged with enforcement of federal civil rights laws

Disparate Treatment 19  The simplest form of illegal discrimination is disparate treatment.  A basic question to test for disparate treatment is this: Would the employment decision in question change if the employee’s race, color, religion, national origin, sex, age, or disability was different?

Proving your case - Types of Evidence 20  Direct Evidence  Indirect Evidence  Person was a member of protected class  Applied for Job and was qualified  Person was rejected  Employer held job open and sought others with similar qualifications

Employer’s Defenses  Business Necessity or Job relatedness  Other person is more qualified  Lacked sufficient training  Bona Fide occupational Qualification (BFOQ)  Here the employer is saying they basically have to discriminate 21

Sexual Harassment Theories 22 Quid Pro Quo  A supervisor conditions a term of employment upon agreeing to sexual advances Hostile Environment  The harassing conduct is sufficiently severe or pervasive as to 1) create an intimidating or offensive working environment or 2) unreasonably interfere with job performance “Unwelcome sexual advances or other harassing conduct directed toward an employee because of that employee’s gender”

Employer Liability for Sexual Harassment 23  Employer liability for gender harassment by supervisory employees (QUID PRO QUO) - An employer has automatic liability for gender harassment directed at an employee if the harassment comes from a supervisor with immediate (or higher) authority over the victimized employee.

Employer Liability for Sexual Harassment 24  Employer liability for gender harassment by co- employees or customers (HOSTILE WORK ENVIRONMENT). Employers are liable for gender harassment directed at an employee from co- employees or customers where the employer’s agents or supervisory employees know or should know about the harassment, and fail to take immediate and appropriate corrective action.

What would you do? James Estevez, 50 years old, has been working for your company for 21 years. He has three teenage girls and just bought a new house. He is an active member of the Latino Action Network and a deacon at his church. He has been consistently rated excellent in the past. However, he turned his computer in and the technician found evidence of non-computer use – lots of Facebook and even more inappropriate websites. This directly violates company policy – which lists dismissal as a possible consequence. He was cited for using MySpace 8 years ago. His immediate boss came to you with the dilemma but recommends he be fired. What do you do? Discuss with supporting REASONS. LEGAL AND PROFIT. Would any of the following change your mind?  He was single and 32?  What if he only had been working for the company for three weeks?  What if he had been working for the company for three weeks and was first minority hire?