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3-1 McGraw-Hill/Irwin Copyright © 2009 by The McGraw-Hill Companies, Inc. All Rights Reserved. fundamentals of Human Resource Management 3 rd edition by R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace

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fundamentals of Human Resource Management 3 rd edition by R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright. CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace. Three branches of U.S. government play a role in the legal environment of HRM. - PowerPoint PPT Presentation

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Page 1: CHAPTER 3 Providing Equal Employment Opportunity and a Safe Workplace

3-1McGraw-Hill/Irwin Copyright © 2009 by The McGraw-Hill Companies, Inc. All Rights Reserved.

fundamentals of

Human Resource Management 3rd editionby R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright

CHAPTER 3Providing Equal Employment

Opportunity and a Safe Workplace

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Test Your Knowledge

• Three branches of U.S. government play a role in the legal environment of HRM.

• The executive branch _________; the legislative branch ________; and the judicial branch _________.A. makes laws; issues directives; interprets lawsB. issues directives, makes laws; interprets lawsC. interprets laws; makes laws; issues directives

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Regulation of Human Resource Management

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Equal Employment Opportunity (EEO)

• Equal employment opportunity – the condition in which all individuals have an equal chance for employment, regardless of their race, color, religion, sex, age, disability, or national origin.

• The federal government’s efforts in this area include:– constitutional

amendments– legislation– executive orders– court decisions

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Test Your Knowledge

• Which of the following is covered under Title VII of the Civil Rights Act?A. A group of Hispanic applicants claim that they were

discriminated against during the hiring process.B. A gay man charges that he was discriminated against as

reflected in his performance evaluation.C. A group of women claim they were denied training opportunities

that their male counterparts receivedD. A group of older workers claim they were laid-off

disproportionately in comparison to younger workers.E. Both A & C

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EEO: Legislation (continued)

Vocational Rehabilitation Act (1973)

• Covered organizations must engage in affirmative action for individuals with disabilities.

• Employers are encouraged to recruit qualified individuals with disabilities and to make reasonable accommodations to them.

Vietnam Era Veteran’s Readjustment Act (1974)

• Requires federal contractors and subcontractors to take affirmative action toward employing veterans of the Vietnam War.

• It covers veterans who served between August 5, 1964 and May 7, 1975.

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EEO: Legislation (continued)

Pregnancy Discrimination Act (1978)

• Defines discrimination on the basis of pregnancy, childbirth, or related form of medical condition to be a form of illegal sex discrimination.

• Benefits, including health insurance, should cover pregnancy and related medical conditions in the same way as other medical conditions.

Americans with Disabilities Act (ADA) of 1990

• Protects individuals with disabilities from being discriminated against in the workplace.

• Prohibits discrimination based on disability in all employment practices.

• Employers must take steps to accommodate individuals covered by the act.

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EEO: Legislation (continued)

Civil Rights Act (1991)• Adds compensatory and

punitive damages in cases of discrimination under Title VII and the ADA.

• The amount of punitive damages is limited by the act and depends on the size of the organization charged with discrimination.

Uniformed Services Employment & Reemployment Rights Act

• Employers must reemploy workers who left jobs to fulfill military duties for up to five years.

• Should be in the job they would have held if they had not left to serve in the military.

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The Government’s Role in Providing For EEO:Equal Employment Opportunity Commission (EEOC)

• Responsible for enforcing most of the EEO laws.– Investigates and resolves complaints about

discrimination– Gathers information– Issues guidelines– Monitors organizations’ hiring practices

• Complaints must be filed within 180 days of the incident.

• EEOC has 60 days to investigate the complaint.

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The Government’s Role in Providing For EEO: Office of Federal Contract Compliance Procedures (OFCCP)

• Responsible for enforcing the executive orders that cover companies doing business with the federal government.

• Audits government contractors to ensure they are actively pursuing the goals in their affirmative action plans.

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Businesses’ Role in Providing for EEO:Avoiding Discrimination

Disparate Treatment• Differing treatment of

individuals based on the individuals’ race, color, religion, sex, national origin, age, or disability status.

Bona Fide Occupational Qualification (BFOQ)

• A necessary (not merely preferred) qualification for performing a job.

• The Supreme Court has ruled that BFOQ’s are limited to policies directly related to a worker’s ability to do the job.

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Businesses’ Role in Providing for EEO:Avoiding Discrimination (continued)

Disparate Impact• A condition in which

employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.

Four-Fifths Rule• Rule of thumb that finds

evidence of discrimination if an organization’s hiring rate for a minority group is less than four-fifths the hiring rate for the majority group.

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Test Your Knowledge

• True = A False = B– During an interview it is legal to ask only women if

they have child-care needs.– Hiring only men to model male underwear is legal.– If a company unintentionally hires a

disproportionate number of non-minorities, they can be held liable for discrimination.

– Organizations can screen candidates using a test that reliably predicts on-the-job performance.

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Businesses’ Role in Providing for EEO:Avoiding Discrimination (continued)

• Reasonable Accommodation: An employer’s obligation to do something to enable an otherwise qualified person to perform a job.

• Companies should recognize needs based on individuals’ religion or disabilities.

• Employers may need to make such accommodations as adjusting work schedules or dress codes, making the workplace more accessible, or restructuring jobs.

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Figure 3.5: Examples of Reasonable Accommodation under the ADA

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Businesses’ Role in Providing for EEO: Avoiding Discrimination (continued)

• Sexual Harassment: refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when:

1. Submission to such conduct is made explicitly or implicitly a term of condition of an individual’s employment,

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

3. Such conduct has the purpose of effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

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Businesses’ Role in Providing for EEO: Avoiding Discrimination (continued)

• Organizations can prevent sexual harassment by:– Developing a policy that defines and forbids it– Training employees to recognize and avoid this

behavior– Providing a means for employees to complain and

be protected

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Test Your Knowledge

• A male manager frequently engages in sexual activity with selected female subordinates. Other women in this work environment who are not involved with the manager complain of sexual harassment due to favoritism. Do they have a case?A. No, because they were not directly discriminated against.B. No, because the contact was consensual.C. Yes, because the manager is making others feel

uncomfortable.D. Yes, because any consensual relationship in the workplace

among employees is prohibited.

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Workplace Safety: Occupational Safety and Health Act (OSH Act)• Authorizes the federal government to establish

and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.

• Established the Occupational Safety and Health Administration (OSHA). Responsible for:– Inspecting employers– Applying safety and health standards– Levying fines for violation

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Workplace Safety: Occupational Safety and Health Act (OSH Act) (continued)

General Duty Clause• Each employer has a

general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm.

Specific Duties• Employers must keep

records of work-related injuries and illnesses.

• Employers must post and annual summary of these records from February 1 to April 30 in the following year.

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Employee Rights Under the OSH Act

Employees have the right to:1. Request an inspection.2. Have a representative present at an inspection.3. Have dangerous substances identified.4. Be promptly informed about exposure to hazards and

be given access to accurate records regarding exposure.

5. Have employer violations posted at the work site.

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Enforcement of the OSH Act

• OSHA is responsible for inspecting businesses, applying safety and health standards, and levying fines for violations.

• OSHA regulations prohibit notifying employers of inspections in advance.

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What’s the priority?

• Which of the following has FIRST priority for inspection by OSHA officials?A. Catastrophes and fatal accidentsB. Employee complaintsC. High-hazard industriesD. Imminent danger

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Employer-Sponsored Safety and Health Programs: Identifying and Communicating Job Hazards

Job Hazard Analysis Technique

• Safety promotion technique that involves breaking down a job into basic elements, then rating each element for its potential for harm or injury.

Technic of Operations Review (TOR)

• Method of promoting safety by determining which specific element of a job led to a past accident.

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Employer-Sponsored Safety and Health Programs (continued)

Reinforcing Safe Practices

• Implementing a safety incentive program to reward workers for their support of and commitment to safety goals.

• Start by focusing on monthly or quarterly goals.

• Encourage suggestions for improving safety.

Promoting Safety Internationally

• Cultural differences make this difficult.

• Laws, enforcement practices, and political climates vary from country to country.

• Companies may operate in countries where labor standards are far less strict than in the U.S.

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Summary (continued)

The major federal laws requiring EEO:

• Civil Rights Acts of 1866 and 1871

• Equal Pay Act of 1963• Title VII of the Civil

Rights Act of 1964• Age Discrimination in

Employment Act

• Vocational Rehabilitation Act of 1973

• Vietnam Era Veteran’s Readjustment Act of 1974

• Pregnancy Discrimination Act of 1978

• Americans with Disabilities Act (1990)

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Summary (continued)

• Civil Rights Act (1991)• Uniformed Services

Employment and Reemployment Act (1994)Constitutional Amendments:

• Thirteenth Amendment• Fourteenth Amendment

Executive Orders:• Executive Order 11246• Executive Order 11478

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Summary (continued)

• The Office of Federal Contract Compliance Procedures (OFCCP) is responsible for enforcing executive orders that call for affirmative action by companies that do business with the federal government.

• Employers can avoid discrimination by avoiding disparate treatment of job applicants and employees, as well as policies that result in disparate impact.

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Summary (continued)

• Affirmative action may correct past discrimination, but quota-based activities can result in charges of reverse discrimination.

• To provide reasonable accommodation, companies should recognize needs based on individuals’ religion or disabilities.

• Organizations can prevent sexual harassment by developing a policy that defines and forbids it, training employees to recognize and avoid this behavior, and providing a means for employees to complain and be protected.

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Summary (continued)

• Under the Occupational Safety and Health Act, employers have a general duty to provide employees a place of employment free from recognized safety and health hazards.

• The Occupational Safety and Health Administration publishes regulations and conducts inspections.

• Besides complying with OSHA regulations, employers often establish safety awareness programs designed to instill an emphasis on safety.

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3-31McGraw-Hill/Irwin Copyright © 2009 by The McGraw-Hill Companies, Inc. All Rights Reserved.

fundamentals of

Human Resource Management 3rd editionby R.A. Noe, J.R. Hollenbeck, B. Gerhart, and P.M. Wright

CHAPTER 4Analyzing Work and Designing Jobs

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Work Flow In Organizations

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Work Flow Design andOrganization’s Structure

• Within an organization, units and individuals must cooperate to create outputs.

• The organization’s structure brings together the people who must collaborate to efficiently produce the desired outputs.– Centralized– Decentralized– Functional– Product or Customer

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• Firefighters work as a team.• They and their equipment

are the inputs and the output is an extinguished fire and the rescue of people and pets.

• In any organization or team, workers need to be cross- trained in several skills to create an effective team.

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Job AnalysisThe process of getting detailed information about jobs.

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Job Descriptions

• Job Description: a list of tasks, duties, and responsibilities (TDRs) that a particular job entails.

• Key components:– Job Title– Brief description of the TDRs– List of the essential duties with detailed

specifications of the tasks involved in carrying out each duty

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Job Specifications

• Job Specification: a list of the knowledge, skills, abilities, and other characteristics (KSAOs) that an individual must have to perform a particular job.– Knowledge: factual or procedural information necessary

for successfully performing a task.– Skill: an individual’s level of proficiency at performing a

particular task.– Ability: a more general enduring capability that an

individual possesses.– Other Characteristics: job-related licensing, certifications,

or personality traits.

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Sources of Job Information

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Position Analysis Questionnaire (PAQ)

What is it?• A standardized job

analysis questionnaire containing 194 questions about work behaviors, work conditions, and job characteristics that apply to a wide variety of jobs.

Key sections:1. Information input2. Mental processes3. Work output4. Relationships with other

persons5. Job context6. Other characteristics

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Fleishman Job Analysis System

What is it?• Job analysis technique

that asks subject-matter experts to evaluate a job in terms of the abilities required to perform the job.

Categories of abilities:• Written comprehension• Deductive reasoning• Manual dexterity• Stamina• Originality

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Test Your Knowledge

• Which of the following jobs would lend themselves the best to the observation method of collecting job information.A. Financial analystB. Bakery chefC. Administrative assistantD. CEO

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Importance of Job Analysis

• Job analysis is so important to HR managers that it has been called the building block of all HRM functions.

• Almost every HRM program requires some type of information determined by job analysis:

• Work redesign• Human resource

planning• Selection• Training• Performance appraisal• Career planning• Job evaluation

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Trends in Job Analysis

• Organizations are being viewed as a field of work needing to be done, rather than as a set series of jobs held by individuals.

• “Dejobbing” – designing work by project rather than jobs.

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Job Design

• Job Design: the process of defining how work will be performed and what tasks will be required in a given job.

• Job Redesign: a similar process that involves changing an existing job design.

• To design jobs effectively, a person must thoroughly understand:– the job itself (through job analysis) and– its place in the units work flow (work flow analysis)

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Designing Efficient Jobs

• Industrial Engineering: the study of jobs to find the simplest way to structure work in order to maximize efficiency.– Reduces the complexity of work.– Allows almost anyone to be trained quickly and

easily perform the job.– Used for highly specialized and repetitive jobs.

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Designing Jobs That Motivate: The Job Characteristics Model

1. Skill variety – the extent to which a job requires a variety of skills to carry out the tasks involved.

2. Task identity – the degree to which a job requires completing a “whole” piece of work from beginning to end.

3. Task significance – the extent to which the job has an important impact on the lives of other people.

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Designing Jobs that Motivate: The Job Characteristics Model (continued)

4. Autonomy – the degree to which the job allows an individual to make decisions about the way work will be carried out.

5. Feedback - the extent to which a person receives clear information about performance effectiveness from the work itself.

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Designing Jobs That Motivate (continued):

Job Enlargement

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Designing Jobs That Motivate (continued)

Job Enrichment• Empowering workers by

adding more decision-making authority to jobs.

• Based on Herzberg’s theory of motivation.

• Individuals are motivated more by the intrinsic aspects of work.

Self-Managing Work Teams• Have authority for an entire

work process or segment:– schedule work– hire team members– resolve team performance

problems– perform other duties

traditionally handled by management

• Team members motivated by autonomy, skill variety, and task identity.

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Test Your Knowledge

• Adding more tasks to an existing job is called ____________, while adding more decision- making authority to jobs is called _________.A. Job extension; job rotationB. Job rotation; job enrichmentC. Job enlargement; job enrichmentD. Job enlargement; job rotation

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Designing Jobs That Motivate (continued):

Flexible Work Schedules

Flextime• A scheduling policy in which

full-time employees may choose starting and ending times within guidelines specified by the organization.

• A work schedule that allows time for community and family interests can be extremely motivating.

Job Sharing• A work option in which two

part-time employees carry out the tasks associated with a single job.

• Enables an organization to attract or retain valued employees who want more time to attend school or take care of family matters.

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Designing Jobs That Motivate (continued):

Telework• Telework – the broad term for doing one’s

work away from a centrally located office.• Advantages to employers include:– less need for office space– greater flexibility to employees with special needs

• Easiest to implement for managerial, professional, or sales jobs.

• Difficult to set up for manufacturing workers.

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Designing Ergonomic Jobs

• Ergonomics – the study of the interface between individuals’ physiology and the characteristics of the physical work environment.

• The goal is to minimize physical strain on the worker by structuring the physical work environment around the way the human body works.

• Redesigning work to make it more worker- friendly can lead to increased efficiencies.

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• Although employers in all industries are supposed to protect workers under the OSHA “general duty” clause, nursing homes, grocery stores, and poultry- processing plants are the only three industries for which OSHA has published ergonomic standards.

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Designing Jobs That Meet Mental Capabilities and Limitations

• Work is designed to reduce the information- processing requirements of the job.

• Workers may be less likely to make mistakes or have accidents.

• Simpler jobs may be less motivating.• Technology tools may be distracting

employees from their primary task resulting in increased mistakes and accidents.

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Ways to Simplify a Job’s Mental Demands

• Limit the amount of information and memorization that the job requires.

• Organizations can provide:– adequate lighting– easy-to-read gauges and displays– simple-to-operate equipment– clear instructions