- Relevant Laws and Executive Orders
- Relevant Case Law
- Legal Concepts/Definitions Relevant to Workplace Planning and Employment
- Recruiting Candidates
- The Selection Process
- Background Checks
- Employment: Extending the Offer
- Negotiating the Offer of Employment
- Onboarding
- Termination: The End of the Employment Life Cycle...or Is It?
- Exit Interviews
- Severance Packages
- Affirmative Action Plans
- Compensation and Benefits
- Documentation Strategies for HR Professionals
- Chapter Summary
- Apply Your Knowledge
This chapter is from the book
This chapter is from the book
This chapter is from the book
Chapter Summary
Responsibilities relating to workforce planning and employment provide HR professionals with the opportunity to have a lasting impact on the organization. Whether this impact is positive, however, depends in large part on the way in which HR professionals execute these responsibilities.
To function successfully with respect to the functional area of workforce planning and employment, HR professionals must develop an understanding of and an appreciation for equal employment opportunity (EEO).
It’s also critical for HR professionals to understand the many laws and cases that shape this functional area and to commit to maintaining currency with respect to emerging cases that offer additional interpretation, and reinterpretation, of these laws. In addition, HR professionals must be prepared to contribute meaningfully to ensuring that the organization will be able to meet its future goals by making sure the right people, with the right skills, are in the right places at the right times.
The ability to execute this functional area effectively is also predicated on knowing and understanding the organization’s strategic plan. HR professionals who have already earned a “seat at the table” in their organization are likely to have a good grasp of where the organization is going. HR professionals must proactively seek opportunities for learning about the organization’s long-term objectives. Unless we do, our efforts may be less productive, less relevant, less valued, and less impactful.
Ultimately, the choice of how we will perform in this area rests with us. The choices that we make will go a long way toward defining how we are perceived by the organization, our overall effectiveness in the organization, and the degree to which we will participate in a transformational manner within the organization.
Key Terms
- Workforce planning and employment (WPE)
- Executive orders
- Title VII of the Civil Rights Act, 1964
- Bona fide occupational qualification (BFOQ)
- Seniority systems
- Piece-rate systems
- Protected classes
- Equal Employment Opportunity Commission (EEOC)
- Executive Order 11246, 1965
- Office of Federal Contract Compliance Programs (OFCCP)
- Uniform Guidelines on Employee Selection Procedures (UGESP), 1978
- Adverse impact (also known as “disparate impact”)
- Reliability
Validity
- Content validity
- Criterion-related validity
- Construct validity
- Predictive validity
- Age Discrimination in Employment Act (ADEA), 1967
- Fair Credit Reporting Act (FCRA), 1970
- Equal Employment Opportunity Act, 1972
Rehabilitation Act, 1973
- Section 503
- Section 504
- Section 508
- Pregnancy Discrimination Act, 1978
Immigration Reform and Control Act (IRCA), 1986
- I-9 form
- Drug-Free Workplace Act, 1988
- Department of Labor (DOL)
Worker Adjustment and Retraining Notification Act (WARNA), 1988
- Mass layoff
- Plant closing
Americans with Disabilities Act (ADA), 1990
- Individual with a disability
- Qualified person
- Reasonable accommodation
- Undue hardship
- Major life activities
Civil Rights Act of 1991
- Compensatory damages
- Punitive damages
Family and Medical Leave Act (FMLA), 1993
- Covered employers
- Eligible employees
- Leave entitlement
- Serious health condition
- Uniformed Services Employment and Reemployment Rights Act (USERRA), 1994
- Department of Justice
- Congressional Accountability Act (CAA), 1995
Americans with Disabilities Act Amendments Act (ADAAA), 2008
- Qualified exigency leave
- Military caregiver leave
- Genetic Information Nondiscrimination Act (GINA), 2008
- Lilly Ledbetter Fair Pay Act, 2009
- Griggs v. Duke Power, 1971
- McDonnell Douglas Corp v. Green, 1973
- Albemarle Paper v. Moody, 1975
- Washington v. Davis, 1976
- Regents of California v. Bakke, 1978
- United Steelworkers v. Weber, 1979
- Meritor Savings Bank v. Vinson, 1986
- Johnson v. Santa Clara County Transportation Agency, 1987
- Martin v. Wilks, 1988
- Automobile Workers v. Johnson Controls, 1990
- Harris v. Forklift Systems, 1993
- Taxman v. Board of Education of Piscataway, 1993
- St. Mary’s Honor Center v. Hicks, 1993
- McKennon v. Nashville Banner Publishing Co., 1995
- Faragher v. City of Boca Raton, 1998, and Ellerth v. Burlington Northern Industries, 1998
- Kolstad v. American Dental Association, 1999
- Grutter v. Bollinger and Gratz v. Bollinger, 2003
- Circuit City Stores, Inc. v. Adams, 2001
- General Dynamics Land Systems v. Cline, 2004
- Ricci v. DeStefano, 2009
- Protected class
Discrimination
- Disparate (or “adverse”) treatment
- Disparate (or “adverse”) impact
- Bottom-line approach
- “Four-fifths” rule:
- Perpetuating past discrimination
Harassment:
- Sexual harassment
- Quid pro quo sexual harassment
- Hostile work environment sexual harassment
- Equal Employment Opportunity (EEO)
- Charge
- Charging party
- Complainant
- Plaintiff
- Respondent
- Fair Employment Practices Agencies (FEPAs)
- Reasonable cause
- Right to sue letter
- Relief
- Remedies
- Back pay
- Front pay
- Job analysis
- Job description
- Job specifications
- Job competencies
- Knowledge
- Skills
- Abilities
- KSAs
- Essential and nonessential job functions
- Job specifications (or “specs”)
- Credentials
- Recruiting
- Selection
- Employer branding
- Relevant labor market
- Selection criteria
- Internal and external recruiting
- Job posting
- Job bidding
- Succession planning
- Social media
Employment agencies
- Employment agencies—state
- Employment agencies—temporary
- Private employment agencies (also known as private search firms
- Contingency employment agencies/ search firms
- Retained employment agencies/ search firms
- Employee referral
- Nontraditional staffing alternatives
- Outsourcing
- Request for Proposal (RFP)
Preemployment testing
- Agility tests
- Aptitude tests
- Assessment center
- Cognitive ability tests
- Integrity, or honesty, tests
- Medical tests
- Personality tests
- Preemployment drug testing
- Prepromotion drug testing
- Yield ratio
- Cost per hire
- Turnover analysis
- Employment application
- Resume
- Short-form employment applications
- Long-form employment applications
- Job-specific employment applications
- Weighted employment applications
Interview
- Directive interviews
- Nondirective interviews
- Phone interviews
- Prescreen interviews
- Behavior-based interviews
- Stress interviews
- One-on-one versus panel/team interviews
- Nonverbal communication cues (“nonverbals”)
Interviewer errors
- Contrast error
- First impression error
- Halo error
- Horns error
- Leniency error
- Strictness error
- Recency error
- Similar-to-me error
- Realistic job previews (RJP)
- Background checks
- Employment contracts
- Onboarding (also referred to as “employee orientation”)
- Relocation
- Involuntary terminations
- Layoffs
- Voluntary terminations
- Constructive discharge
- Wrongful termination/ discharge
- Exit interviews
- Severance packages
- EAP
- Outplacement support
- Severance package
Affirmative Action Plan (AAP)
- Designation of responsibility
- Organizational display or workforce analysis
- Job group analysis
- Availability analysis
- Utilization analysis
- Placement goals
- Action-oriented programs
- Identification of problem areas
- Internal audit and reporting system
- Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 1974
- VETS-100/VETS 100A
- Sherman Antitrust Act, 1890
- Equal Pay Act, 1963
- Lag the market
- Lead the market
- Match the market