HUMAN RESOURCES How to Avoid the Traps

TITLE VII CIVIL RIGHTS ACT n Signed by Lyndon Johnson in 1964 n Remains most important piece of EEO legislation n Affects virtually all HR decisions n Prohibits discrimination based on --Race--Sex --Color--National Origin --Religion

AGE DISCRIMINATION IN EMPLOYMENT ACT n Parallels Title VII n Prohibits discrimination against workers --Between (1967) --Between (1978) --40 or older (1986) n Primarily seen in court cases dealing with pay and retirement

EQUAL PAY ACT OF 1963 n Prohibits discrimination on account of gender in payment of wages n Requires equal pay for equal work --Seniority and performance levels considered n Enter Comparable Worth --Substantially similar in terms of skill, effort, responsibility and working conditions

EXECUTIVE ORDER n Signed in 1965 by Johnson n Amended several times since n Established requirement of federal contractors to develop Affirmative Action Plans n Recent Supreme Court rulings have raised questions about affirmative action

AMERICANS WITH DISABILITIES ACT n Signed into law in 1990 n Affects 43 million disabled in US (17% of population) n Prohibits discrimination against the qualified disabled --Those disabled who possess the necessary skills, experience, education and job-related requirements to do the job

FAMILY AND MEDICAL LEAVE ACT n Provides up to 12 weeks of unpaid leave to care for --Newborn --New adopted or foster child --Immediate family member --Employee’s own serious illness

FAMILY AND MEDICAL LEAVE ACT n Also provides for: --Continuance of previous health benefits --Return to previous level within organization n Employee eligibility requirements: --12 months of employment --1,250 hours within last 12 months

SEXUAL HARASSMENT n Charges usually filed as violation of Title VII n Includes not only employment decisions made as a condition of sexual favors but also “offensive working environment” n Holds employers responsible for action of its employees and potentially even customers--even if management did not know

IMPLICATIONS OF LAW ON SELECTION PROCESS n Beware of questions asked n Avoid questions that are not job- related --Children and their care --Height and weight --Marital status --Educational level (unless job-related) --Arrest record --Age, sex, national origin

DISPARATE IMPACT n Even if intentional discrimination cannot be proven, disparate impact is said to occur if “The selection rate for any racial ethnic, or gender subgroup is less than 4/5 (80%) of the highest selection rate for any group.”

DISPARATE IMPACT EXAMPLE If 40 % of male applicants are hired, compared to 20% of the female applicants, disparate impact has occurred. 40% x 80% = 32% > 20% Disparate impact may also be evaluated by comparing selection rates to the demographic makeup of the labor market.

FORMALIZE SELECTION PROCESS n Conduct job analysis n Develop job descriptions with specific tasks and necessary knowledge, skills and abilities Note: These job descriptions should also be used in developing performance appraisals. n Use selection tools that measure those knowledge, skills and abilities

WARNINGS IN SELECTION n We tend to like best those most like us. n Employment interviews can be hazardous to corporate health. (Structured is best.) n Watch casual conversation. n Train those involved in selection process.

SELECTION DEVICES n Weak predictors of job success: --Personality tests n Mediocre predictors of success: --Unstructured interviews --Most application forms n Stronger predictors: --Cognitive ability --Individual conscientiousness --Performance tests --Past behavior

“Step by step. I can’t see any other way of accomplishing anything.” Michael Jordan

“There are no shortcuts. The minute you get away from fundamentals, the bottom can fall out.” Michael Jordan