• Most private employers 15+
• All education institutions (public and private)
• Federal, State and Local govts
• Labor unions with 15+
• Joint (labor-management) committees for apprenticeships and training

• $50,000 = 15 - 100 employees
• $100,000 = 101 - 200 employees
• $200,000 = 201 - 500 employees
• $300,000 = 501+ employees

AGE DISCRIMINATION IN EMPLOYMENT ACT (1967)

• Prohibits discrimination against people 40 and over
• BFOQ = allowed to turn down certain ages for firefighters or police

• When age is a BFOQ
• Employer is adhering to a genuine seniority plan
• If disciplining or terminating for good cause
• Employee is a top exec, they can be required to retire at age 65 if entitled to a retirement benefit of at least $44k and have held their position for 2 years

PREGNANCY DISCRIMINATION ACT (1978)

- Prohibits discrimination on the basis of pregnancy, childbirth or related medical conditions

- Requires employers to treat pregnancy the same as any other temporary disability
 

Illegal to:

• Refuse to hire or fire a woman due to pregnancy
• Force a pregnant woman to leave work if they can work
• Stop accrual of seniority 

AMERICAN'S WITH DISABILITIES ACT (1990)

- Prohibits discrimination on the basis of disability

- Applies to all employers with 15+ employees

•  Have an impairment that limits 1 or more major life activities (general activities and major bodily functions)
• Have a record of such an impairment
• Are regarded as having such an impairment

GENETIC INFORMATION NONDISCRIMINATION ACT (2008)

- Prohibits discrimination on the basis of genetic informatoin in both employment and health insurance

(Affirmative Action)

- Prohibits federal contractors/subcontractors from discriminating on the basis of race, color, religion, sex or national origin

- Contractors with 50+ employees and $50,000 in federal contracts are required to fulfill AAP's

VIETNAM ERA VETERANS READJUSTMENT ASSISTANCE ACT (1974)

- Prohibits discrimination against certain veterans

IMMIGRATION AND NATIONALITY ACT (1952)

- Addresses employment eligibility and verification

- Defines the conditions for temporary and permanent employment of aliens

IMMIGRATION REFORM AND CONTROL ACT (1986)
 

- Prohibits discrimination against job applicants on the basis of national origin or citizenship while establishing penalties for hiring illegal aliens

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT (1988)

- Requires employers to give 60-day advance notice of plant closure or mass layoff

- Applies to employers with 100+ FT employees or FT and PT employees who work at least 4000 hours/week at all employment sites

• Employment loss affects 50 or more FT employees if they compose 33% of the workforce OR
• If loss affects 500 or more FT employees

• Faltering Company - if the company is actively seeking capital or new business in order to stay open and WARN would jeopardize that option
• Unforeseeable Business Circumstance - for example, the loss of a client that accounts for a large percentage of the business
• Natural Disaster

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (1994)
 

- Protects civilian employment, reemployment, and retention rights of people who serve or have served in the uniformed services

(1988) Prohibits the use of lie detector tests for either pre-employment screening or during the course of employment, with certain exceptions

(See Handout for exceptions)

FAIR CREDIT REPORTING ACT (1970)
 

- Provides full disclosure of consumer reports (credit reports, background checks, reference checks, etc) so that individuals subject to them can dispute the wrongful use or interpretation of the information

- Employers must obtain written authorization before asking a CRA for a report

Disparate Impact

- Griggs applied for a coal handler position at Duke Power Company. His request was denied and he claimed that the requirement of a high school diploma and 2 preemployment tests were discriminatory bc they did not related to job success and they had a negative impact on protected classes.

- Case established:

1. Employer discrimination need not be intentional to be illegal
2. Employment practices can be illegal even if applied to all employees

Disparate Treatment

- Green, a mechanic at McDonnell Douglas, was laid off and then he participated in protest activities against the company

- When the company advertised for mechanics, Green applied and was rejected

- Green sued that he was discriminated on the basis of his race and his involvement in the civil rights movement

- Green prevailed based on:

• Title VII protection
• Applied when the position was advertised
• Rejected even though he was qualified
• Rejected yet the employer kept looking for applicants with the same qualifications

- Established the "After-acquired evidence defense"
 

- Court ruled that evidence obtained after the decision to terminate cannot free employer from liability, even if the evidence of misconduct would have justified the termination

AFFIRMATIVE ACTIONS PLAN(S)

- Required of any federal contractor with a contract of $50,000 and 50+ employees

- Two components: Statistical Component and Narrative Component

Determining if/where underutilization exists

- Organizational Profile

- Job Group Analysis

- Availability Analysis

Numerical depiction of organization's staffing

- Org Chart or Workforce Analysis report

Lists all titles that comprise each job group.

Jobs are grouped according to whether they have similar responsibilities, wage rates, and opportunities for advancement.

Requires an organization to consider at least two factors, internal availability and external availability, in determining  the theoretical availability of minorities and women in those job groups.

- Ways to calculate the underutilization of these groups: Any Difference Rule, 80% Rule, Two Standard Deviation Analysis

4/5ths Rule

Where the actual employment of these job groups is less than 80% of their availability

Addressing underutilization and auditing results

- Placement goals, Action-oriented programs, Designation of responsibility, Identification of problem areas, Internal audit and reporting system

• Random selection from a database
• Result of discrimination complaints filed with and investigated by OFCCP
• Large-dollar contract ($10 million+) that requires a pre-award review

• Compliance Review
• Compliance Check
• Focused Review
• Off-site Review

Reverse Discrimination Case

The Supreme Court ruled that certain colleges and universities can consider race as a factor in the admissions process

(for ex: Medical School admissions plan guaranteed certain # of seats to minorities)

• Weber charged reverse discrimination because he was denied admittance into a training program when he had seniority over African-American workers that were admitted to program
   
• Weber lost
   
• Supreme Court ruled the purposes of the plan were to break down racial segregation and hierarchy

Reverse Discrimination Case

Male scored higher on the selection test than the woman who got the job

Reverse Discrimination Case

• Taxman, a Caucasion school teacher, was laid off while African American co-worker with the same qualifications was not
   
• School board decision based solely on race, but was not remedying any past racial discrimination
   
• Taxman won

Reverse Discrimination Case

Supreme Court held that the ADEA does not protect younger workers from workplace decisions that favor older workers

THIS FOR THAT

Supervisor denies a promotion or pay increase because the employee refused to give in to their sexual demands

Harassment Case

First court case that held that sexual harassment violates Title VII regardless of quid pro quo or hostile environment

Harassment Case

Established "reasonable person" rule where an abusive work environment is one in which any reasonable person would find hostile or abusive

Harassment Case

Court ruled that same-sex harassment was prohibited under Title VII

The process an organization uses to analyze its workforce and determine what steps to take to prepare for future needs

- Supply Analysis, Demand Analysis, Gap Analysis, Solution Analysis

Where are we now? What do we have?

Use data and statistics: 

- Trend and Ratio Analysis

- Turnover Analysis

Workforce Planning - Supply Analysis

Using historical data to forecast future staffing needs

Workforce Planning - Supply Analysis

Determine staffing needs based on turnover trends

Steps to Calculate Turnover Percentage:

1. # of employees for the year/12 months = x
2. # of separations for the year/x
3. = Turnover Percentage

Where do we want to be? What do we need?

• Judgmental Forecasts: use information from the past and present to determine future needs;

- Managerial Estimates, Delphi Technique, Nominal Group Technique

• Statistical Forecasts: Regression Analysis and Simulations

• Managerial Estimates
   
• Delphi Technique
   
• Nominal Group Technique

Workforce Planning: Demand Analysis - Statistical Forecasts

• Simple Linear Regression: Past relationship between employment level and a single variable related to employment project future demand
   
• Multiple Linear Regression: Past relationship between employment level and multiple variables related to employment project future demand

Workforce Planning: Demand Analysis - Statistical Forecasts

• Representations of real situations in abstract form and are often referred to as "what if" scenarios OR several possible plans are tested in abstract form

Workforce Planning

What is lacking? What KSA's will be needed in the future?

Process of comparing the supply analysis and demand analysis to identify the differences in staffing levels and KSA's needed for the future

Workforce Planning

What can we afford? How will we get what we need?

Headquarters maintains tight control over international operations

Key management positions at home and abroad are held by expatriates/personnel from the home/headquarters country