Human Resources

Human Resources
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In HR, during the selection process, what is the cost leadership approach?
Search for the best person for the job.
In HR, during the selection process, what is the differentiation approach?
Search for the best person for the company
In HR, during the training process, what is the cost leadership approach?
Job focused
In HR, during the training process, what is the differentiation approach?
In HR, during the performance management process, what is the cost leadership approach?
Usually individually based
In HR, during the performance management process, what is the differentiation approach?
team AND individually based
In HR, during the compensation process, what is the cost leadership approach?
job based with individual incentives
In HR, during the compensation process, what is the differentiation approach?
Skill based with team/organizational incentives
What are the two different approaches to HR business strategy?
1. Cost Leadership2. Differentiation
T or F: When using the differentiation business strategy, the focus is more upon the individual than on the team.
False - the emphasis is on the developing of the employee to best suit the company (not just the job).
What are the three standards for identifying ethical practices?
1. The greatest good for the greatest number (Utilitarian)2. Fair and equitable (Justice)3. Respect for basic human rights (Rights)
What are the six key environments that HR is a part of?
1. Technological2. Economic3. Political4. International5. Legal6. Social and Demographic
What are the five steps in the HR process?
1. Planning2. Recruiting3. Training4. Performance Management5. Compensation
What is Human Resources?
"The strategic and coherent approach to the management of an organization's most valued assets - the people working there who individually and collectively contribute to the achievement of the company and organization." - Michael Armstrong
What is business strategy?
An organization's plan for interacting within the competitive environment to achieve its long term goals and objectives.
What type of doctrine is employment at will?
common law doctrine
What is employment at will?
Employment at will establishes the basic parameters of the employer-employee relationship.
T or F: only the employer can terminate an employment at will at any time,
False - either the employee or employer can terminate the relationship at any time FOR ANY REASON
What are the three exceptions to the employment at will?
1. Common Law2. Legislation3. Contracts
Why do contracts supersede employment at will?
It is a legally enforceable agreement that may set more stringent guidelines than the basic employment at will common law.
What are the two types of contracts?
1. Individual Employment Contract2. Collective Employment Contract
What are the three examples of state legislation that supersedes an employment at will?
1. Jury Duty2. Whistle Blowing3. Worker's Compensation
What is whistle blowing?
Telling the authorities, regulatory agency, or newspaper about something wrong or illegal within the company.
When there is a whistleblower, what are the two ways he/she may be protected?
1. Common Law exception (public policy)2. By statute (such as the Sarbanes Oxley)
What are three examples of federal legislation that supersedes employment at will?
1. Civil Rights Act of 19642. Americans with Disabilities Act3. Age Discrimination in Employment Act
T or F: In all states, the same rules apply when it comes to jury duty, workers' compensation, and whistle blowing.
False - it varies from state to state because of variations in state legislation. There are few common standards.
What are the three common law exceptions to employment at will?
1. Public Policy2. Implied Contract3. Covenant of Good Faith and Fair Dealing
What are two examples of public policy exceptions to employment at will?
1. Whistle Blowing2. Engaging in a Criminal Act
What must be proven to get a common law exception to employment at will?
1. What is the impact of the discharge of this policy?2. How clearly stated is the respective mandate - are there statutes or constitutional provisions to protect this right?
What are three examples of an implied contract that supersedes employment at will?
1. Employee Handbook2. Written Assurances3. Oral Assurances
T or F: When it comes to the Common Law Doctrine of Good Faith and Fair Dealing, it is potentially written into every employment relationship.
What is the implied covenant of good faith and fair dealing?
A general assumption of the law of contracts that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligation, or denying what the other party obviously understood.
How does the implied covenant of good faith and fair dealing supersede employment at will?
Although it is not a contract, this is an understood assumption that employers may only fire an employee at will for a "good cause." Requirements of what is meant by "good cause" are usually decided by the respective unions.
Are non-union workers covered by good faith and fair dealing?
Where can you find Title VII?
In the Civil Rights Act of 1964.
What does Title VII establish?
It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge an individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions or privileges of his employment because of such individual's race, color, national origin, religion or sex.
What are the five possible ways an employer could discriminate and violate Title VII?
1. race2. color3. national origin4. sex5. religion
What is disparate treatment?
individuals are treated differently than similarily situated individuals due to their race, color, religion, national origin, or sex.
What is disparate impact?
an employer's policy is facially neutral but has a disproportionate impact on a protected group.
What are the three stages in a disparate treatment trial?
1. Plaintiff presents case2. Defendant Responds3. Plaintiff Rebuts
What must a plaintiff present in their case of disparate treatment at trial?
1. Evidence of DIRECT DiscriminationOR2. A prima facie case
In a disparate treatment trial, when the defendant responds to the plaintiff's case, what must they prove?
1. Legitimate non-discriminatory reason2. BFOQOR3. AA plan
In a disparate treatment trial, what must the plaintiff rebut the defendant's case with?
1. The "legitimate, non discriminatory reason" was merely pretextOR2. Not a BFOQ
What does BFOQ stand for?
Bona Fide Occupational Qualification
What are the three requirements to present a prima facie case?
1. The employee was of a protected class2. He or she is qualified3. He or she was adversely affected by an employment decision.
What is the definition of BFOQ?
the essence of what the employer is in the business to do.
What does AA plan stand for?
Affirmative Action Plan
What does an Affirmative Action plan do?
Determine whether the actions were either court ordered, or voluntary.
When is voluntary affirmative action allowed by employers?
1. It is a response to a "conspicuous imbalance in a traditionally segregated job category."2. It is a temporary measure - it is to eliminate and NOT maintain3. Doesn't unduly trammel majority opportunities.
What are some examples of facially neutral policies?
1. High School Diploma2. Marital Status3. Knowledge of a Foreign Language4 Credit Status5. Arrest Record6. Height and weight requirements7. Conviction of a Crime Unrelated to job performance
In a disparate impact trial, what must the plaintiff show in presenting his case?
The statistical showing using the 4/5 rule that disparate impact has affected his protected class.
What are two ways a defendant could respond to the 4/5 rule presented in the plaintiff's case in a disparate impact trial?
1. Business necessityOR2. Job relatedness
How may a plaintiff rebut a defendant's response in a disparate impact trial?
There was a reasonable, less discriminatory alternative that exists.
What is the 4/5 rule?
A practice has a disparate impact if the hiring rate of a protected class is less than 4/5 that of the majority group.
What type of regulation is the 4/5 rule?
An EEOC regulation (Equal Employment Opportunity Commission)
What is business necessity?
the challenged practice (in a disparate impact case) serves, in a significant way, the legitimate goals of the employer" and/or the practice is "necessary to the safe and efficient operation of the business"
When is business necessity used?
In a disparate impact trial as the defendant's response to a presentation of the 4/5 rule.
What is job relatedness?
demonstratably related to an aspect of the job (training program success, performance, absenteeism, turnover, etc)
What does quid pro quo mean?
"this for that" - a form of sexual harassment
Is a hostile or offensive work environment considered sexual harassment?
It can be! It depends on 1. How frequent2. How severe3. Is it physically threatening or humiliating4. Does it interfere with the work performance?
When is the company liable for harassment?
When the harassment is done by the supervisor, or the supervisor knew the harassing was affecting an employee and being done by another employee, customer, or subordinate and the supervisor did nothing to stop it.
How is religion defined?
closely held beliefs that takes the place of religion in the employee's life
What are two arguments for defending a national origin disparate treatment/impact case?
1. BFOQ - authenticity is necessary2. Business necessity or Job relatedness (must speak English and unaccented)
T or G: disparate treatment/impact caused by national origin is not the same as citizenship.
True - although the immigration control act mandates discrimination against undocumented aliens, it protects the rights of citizens and lawfully admitted aliens.
What must a plaintiff argue in the case of disparate impact/treatment caused by religion.
sincere religious beliefs, informed the employer, discharged or disciplined for failing to comply with the conflicting employment requirement.
What must a plaintiff conclude in a disparate impact/treatment case caused by religious beliefs?
There was an affordable, reasonable accommodation that would not fundamentally alter the nature of the business.
Other than a BFOQ in the case of disparate treatment, or job relatedness/business necessity for disparate impact in the case of religion, what is the other defense a defendant may argue?
undue burden to accomodate

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