1883390
| Pregunta | Respuesta |
| What does WFP stand for? | Workforce Planning and Employment |
| What does OFCCP stand for? | Office of Federal Contract Compliance Programs |
| What does DOL stand for? | Department of Labor |
| What does the EEOC stand for? | Equal Employment Opportunity Commission. - Enforcement Agency for Title VII CRA - Promote equal opportunity, educate employers, and studies/reports on activities |
| What does the DOJ stand for? | Department of Justice |
| What did the Civil Rights Act of 1964 (CRA) Title VII do? | Introduced protected classes & unlawful employment practices and created the EEOC. |
| What are the 5 protected classes established by the CRA? | Race Color Religion National Origin Sex |
| What are the 4 unlawful employment practices created by the CRA? | - Discriminatory recruiting, selection, hiring - Discriminatory compensation & benefits - Discriminatory access to training or apprenticeship programs - Discriminatory practices in other terms/conditions of employment |
| What is disparate treatment? | Employers treat some candidates/ees differently |
| What is disparate impact? | Practices that have adverse impact on members of protected class (i.e. height requirements that impact asians/women negatively) |
| What is BFOQs as an exception of the CRA Title VII? | Bona fide occupational qualifications. When religion, sex, or national origin is reasonably necessary to operations of business. |
| What are 4 other exceptions to the CRA Title VII? | - Educational institutions - Religious organizations can give preference to same religion applicants - Potential employee without nat'l security clearance isn't protected - Indian reservations can give preference to Native American or local applicants |
| What is the EEOA of 1972? | Equal Employment Opportunity Act of 1972. |
| What did the EEOA of 1972 do? | 1.) Extended coverage to educational institutions, state/local govt's, and federal govt. 2.) Reduced # of employees required for enforcement from 25 to 15 3.) Required record keeping |
| What is the process of an EEO charge as set forth by the EEOA of 1972? | The EEOC must: - Notify employers within 10 days of receipt of charge - Findings must be issued within 120 days |
| What powers were granted to the EEOC by the EEOA of 1972? | 1.) Litigation ability to sue non gov't entities (employer, union, employment agencies) if they did not reach reconciliation w/in 30 days of notice to employer. 2.) Protect whistle-blowers from retaliatory action from employers. |
| What does the PDA of 1978 stand for? | Pregnancy Discrimination Act of 1978 |
| What does the PDA of 1978 establish? | Include discrimination of women on the basis of pregnancy, childbirth, or any related medical conditions as an unlawful employment practice. |
| What does the ADEA of 1967 stand for? | Age Discrimination in Employment Act of 1967 |
| What did the ADEA of 1967 establish? | Prohibit discrimination of persons 40 years or older in employment actions. |
| To whom does the ADEA of 1967 apply? | - Private businesses - Unions - Employment agencies - State/local govt's with more than 20 employees |
| What exceptions are provided in the ADEA of 1967? | - Reasonably necessary BFOQs - Firefighters and police officers in govt - Retirement of 65+ employees who have been in executive positions for 2 yrs and are eligible for retirement benefits of at least $44k/yr - Retirement of employees of institutions of higher education at 70 - Discharge or discipline for cause |
| What are the waiver requirements outlined in the ADEA? | Waiver of rights must have some form of payment and contain the following: - advice to consult with attorney before signing - period of 21 days to review/consider agmt - period of no less than 7 days to revoke agmt |
| What add'l waiver requirements are set forth by the ADEA in connection to layoffs or reductions in workforce? | - List of eligibility factors for group or individuals affected by the employment action - List of job titles and ages of individuals participating in program as well as those not selected |
| What does the ADA of 1990 stand for? | Americans with Disabilities Act of 1990 |
| What did the ADA of 1990 establish? | Extended protected class to qualified persons with disabilities. |
| What "reasonable accommodations" are required for qualified persons with disabilities? | 1.) Facilities must be accessible by people with disabilities 2.) Position requirements may be adjusted to accommodate qualified persons with disabilities. |
| What is a Disability? | Physical or mental impairment that causes substantial limitation to one or more major life activities for an individual |
| What is a Major Life Activity? | General activities and major life activities |
| What federal agency has power to regulate the ADA? | EEOC |
| What is a Reverse Discrimination claim prohibited by the ADA Amendment? | Individuals with disabilities may not file claims of discrimination when another individual with a disability received favorable employment action. |
| What is Disparate Impact? | When an employment practice, unintentionally discriminates against members of a protected class. |
| What does GINA stand for and when was it enacted? | Genetic Information Nondiscrimination Act 2008 |
| What did GINA prohibit? | Unlawful discrimination against employees or their family members based upon genetic predisposition information. |
| In what scenarios is obtaining genetic information allowed? | 1.) For health & wellness programs with authorization of employee 2.) For FMLA or similar state laws 3.) Inadvertently acquired |
| What is the Rehabilitation Act of 1973, Sections 501, 503, and 505? | Regulation that expands opportunities for persons with physical or mental disabilities. This applies to federal gov't and contractors with contracts of $10,000 or more during a 12 month period. |
| What is the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) of 1974? | Applies to federal contractors or subcontractors with contracts of $25k or more and requires them to list all job openings with state employment agencies unless they are for Sr. Level Management positions, positions that will be filled internally, or positions lasting 3 days or less. |
| What is the Annual EEO Survey? | Survey to meet reporting requirements for EEOC and OFCCP. Uses employment data from July, August, or September and must be filed by all employers with 100+ employees except state/local govt's, primary secondary school systems, higher education institutions, Indian tribes, and tax-exempt private membership clubs. |
| What are the 4 EEO report types? | 1.) Headquarters report 2.) Locations with 50 or more employees 3.) Locations with fewer than 50 employees 4.) Consolidated reports - data must be equal to all individual reports |
| What race and ethnicity categories were added in 2007? | - Hispanic or Latino - White (not Hispanic or Latino) - Black or African American (not hispanic or Latino) - Native Hawaiian or Other Pacific Islander - Asian - American Indian or Alaska Native - Two or More Races (not Hispanic or Latino) |
| What is an AAP and what federal agency regulates this? | Affirmative Action Plan OFCCP |
| What are the components of an AAP? | 1.) Organizational profile 2.) Job group analysis 3.) Placement of incumbents in job groups 4.) Determination of availability 5.) Comparison of incumbency to availability 6.) Placement goals 7.) Designation of the person responsible for implementation within the business 8.) Identification of problem areas 9.) Action oriented programs 10.) Periodic internal audits |
| What are the advantages to hiring internal talent? | - Provides advancement opportunities - Employee is already acclimated to company |
| What are the disadvantages to hiring internal talent? | - Myopic view of industry - Employees passed on for promotion will be less motivated - Competition can lead to a breakdown in teamwork and jockeying - Reducing recruiting costs will be offset by training |
| What are the advantages to hiring external talent? | - Experienced professionals bring new ideas - More cost effective to hire SMEs - Faster to hire person with skills than train - Increase diversity |
| What are the disadvantages to hiring external talent? | - Low morale for those passed over for promotion - Difficult to assess fit into company - Difficult to assess capability |
| What are the 8 alternative staffing methods? | 1.) Telecommuting 2.) Job sharing 3.) Part-time employees 4.) Internships 5.) Temporary workers 6.) Contract workers 7.) Professional employer organization 8.) Outsourcing |
| What are the 4 types of part time employees? | 1.) Traditional - staffing agency 2.) On-call workers - available on short notice 3.) Payrolling - agency responsible for hiring 4.) Seasonal - by busy season |
| What are the 2 types of contract workers? | 1.) Independent contractors - self employed 2.) Contingent workforce - part-time/seasonal leased by agency serving as employer of record |
| What is a Professional Employer Organization (PEO)? | An employer of record that leases the employees back to the organization and provides full service HR. |
| What are the IRS guidelines for determining independent contractor vs. employee status? | 1.) Behavioral controls - direct tasks, when, where, tools, etc. 2.) Financial controls - reimbursable expenses, level of service. 3.) Type of relationship - contract, permanency, extent of services |
| What is a Staffing Needs Anaysis? | Tool to measure needs for staffing. |
| What are the 5 steps involved in a developing a Staffing Needs Analysis? | 1.) Collect data 2.) Identify gaps 3.) Analyze options 4.) Select/Implement solutions 5.) Evaluate results |
| What is a Labor Market Analysis? | Analysis of various economic indicators and other factors that impact availability of candidates with desired KSAs. |
| What are the 5 factors that impact the labor market? | 1.) Economic indicators 2.) Industry activity 3.) Labor market categories 4.) Technical/professional skills 5.) Education |
| What is the BLS and what is the JOLTS in relation to them? | Bureau of Labor Statistics Job Openings and Labor Turnover Study analyzing open positions, hiring stats, and turnover. |
| What is Sourcing? | Providing name and contact information for potential candidates in the active and passive markets. |
| What is Recruiting? | Process of creating interest about open positions in an organization seeking candidates. |
| What does an Employer Brand consist of? | - Values - Employee satisfaction - Leading company - Risk taking encouraged? - Feedback - Response to economic downturns |
| What is a Total Reward Package? | The benefits given to attract and retain the best candidates in the market. |
| What is a Skills Inventory? | Management tool to collect and store information about skills in organization. |
| What 2 methods can be used for Internal Recruiting? | 1.) Job Posting - internal job announcement 2.) Job Bidding - employees express interest before position is available |
| What are the four categories used for Replacement Charts? | 1.) Ready for promotion - right KSAs 2.) Develop for future promotion - need dev 3.) Satisfactory in current position - no motivation 4.) Replace - transfer, promotion, impeding retirement, STD, poor performance |
| Name methods of External Recruiting. | - Media sources - Internet job boards, community sites - Social media recruitment - Company websites - Colleges/universities - Job fairs - Alumni employees - Previous applicants - Employee referrals - Vendors and suppliers - Labor unions - Professional associations - Employment agencies - Walk-in candidates |
| What is UGESP and what agencies developed it? | Uniform Guidelines on Employee Selection Procedures EEOC, the Civil Service Commission (CVC), the OFCCP, and DOJ |
| What does the UGESP prohibit? | Any selection tool that has an adverse impact against a protected class unless employer can show it is job related and a valid predictor of success. |
| How is Adverse Impact calculated? | Selection rate for a protected class is less than 80%. aka 4/5 rule or 80% |
| What does the UGESP require? | To keep records of individuals who apply for open positions based on sex and race/ethnicity. |
| Name 3 screening tools. | 1.) Resumes 2.) Employment applications 3.) Screening interviews |
| Name 4 types of employment applications. | 1.) Short-form - 1-5 pgs 2.) Long-form 3.) Job specific - for volume hiring 4.) Weighted - weigh more important job reqs |
| Name the 5 steps for conducting effective interviews. | 1.) Select an interview team 2.) Hold a pre-interview strategy meeting 3.) Complete candidate evaluation form 4.) Conduct interviews 5.) Evaluate candidates |
| Name 7 interview styles. | 1.) Behavioral 2.) Directive 3.) Nondirective 4.) Patterned - same topics diff ?s 5.) Panel 6.) Structured - same ?s 7.) Stress - intimidating situation |
| What is Average/Central tendency? | Bias when interviewer rates all candidates the same. |
| What is the Contrast bias? | When interview compares all candidates to a single candidate. |
| What is Cultural Noise? | When candidates answer questions based on information they think will get them the job. |
| What is the Halo Effect? | When interviewer evaluates candidate positively on one characteristic. |
| What is the Harshness/Horn effect? | When interview judges candidate harshly on one negative quality. |
| What is the Knowledge of Predictor? | When interviewer knows that candidate scored high or low on assessment test. |
| What is the Leniency bias? | When the interviewer tends to go easy on a candidate and give higher rating than warranted with rationalization. |
| What is Negative Emphasis bias? | When the interviewer allows for a small amount of negative information to outweigh positive. |
| What is Nonverbal bias? | When interviewer is influenced by body language. |
| What is Question Inconsistency bias? | When interviewer asks different questions and there is no baseline of comparison. |
| What is Recency bias? | When interviewer recalls most recently interviewed candidate more clearly than past candidates. |
| What is the Similar to Me bias? | When an interviewer shares similar characteristics and overlooks negative. |
| What 2 techniques provide candidates a Realistic Job Preview (RJP)? | 1.) In-box test 2.) Assessment centers |
| What is an In-Box Test? | Provides candidates a number of documents used in the job with instructions on how to prioritize or how to handle problems. Candidates are evaluated on appropriateness of answers and length of time to complete. |
| What do Assessment Centers encompass? | - Interviews - Testing and problem solving - In basket tests - Group discussions - Role-playing |
| Name 6 types of candidate testing programs. | 1.) Aptitude - skills in specific areas 2.) Cognitive - ability to analyze 3.) Personality/pyschometric - fit 4.) Integrity - honesty 5.) Pyschomotor - coordination 6.) Physical |
| What does the UGESP require of candidate selection tools? | 1.) Reliability - consistency 2.) Content & Construct validity 3.) Predictive and Concurrent Criterion validity |
| What is the FCRA? | Fair Credit Reporting Act 1970 |
| What is Negligent Hiring? | When an employer knew or should have known about an applicant's prior history that endangered customers, employees, vendors, or others with whom the employee comes into contact. |
| What is the Privacy Act of 1974? | Regulates the amount and type of information collected by federal agencies and the methods by which it was stored. Requires written authorization prior to release. |
| What is the EPPA and when was it enacted? | Employee Polygraph Protection Act 1988 |
| What does the EPPA prohibit? | Prohibits private employers from using polygraph tests in making employment decisions. Does not apply to federal, state, and local govt's. |
| Are medical examinations allowable for job related purposes? | Yes, only after extending job offer and if it is job related. |
| Are drug tests allowable if for job related purposes? | Yes, prior to job offer as well. |
| What are 10 clauses that are standard to an Employment Agreement? | 1.) Terms and conditions of employment 2.) Scope of duties 3.) Compensation 4.) Benefits and expense reimbursements 5.) Nondisclosure of proprietary info 6.) Nonsolicitation 7.) Advice of counsel 8.) Disability or Death 9.) Termination 10.) Change of control |
| What is the INA and when was it enacted? | Immigration and Nationality Act 1952 |
| What is the IRCA and when was it enacted? | Immigration Reform and Control Act 1986 |
| What was the purpose of the IRCA? | To control illegal immigration. - Required I-9 form by private employers with more than 4 employees - Required to keep files for 3 yrs |
| What is the Immigration Act of 1990? | Added prevailing wage requirement to H-1B immigrants to protect US workers losing work to cheaper labor. Also restricted H-1B to 65,000 annual applications. |
| What is the IIRIRA of 1996? | The Illegal Immigration Reform and Immigrant Responsibility Act |
| What did the IIRIRA establish? | Fewer documents allowable to prove identity and employment eligibility. |
| What is Socialization? | Type of on-boarding that includes efforts of a mentor or peer to peer support. |
| What is WARN and when was it enacted? | Worker Adjustment and Retraining Notification 1988 |
| What does WARN require? | 60 days notice for workers or union reps in event of layoff or plant closings |
| What is a Plant Closing? | When 50+ employees lose their job due to a single facility shut down, permanently or temporarily. |
| What is a Mass Layoff? | When 500 employees or 33% of the workforce and at least 50 employees are laid off. |
| What are the 3 exceptions to WARN's 60 day notice requirement? | 1.) Faltering Ccompany - seeking add'l funding and believes they will receive it 2.) Unforeseeable business circumstance - sudden and unexpected negative change - unpredictable 3.) Natural disaster |
| What is an RIF? | Reduction in Force |
| What is Outplacement service? | Services used to transition employees who are leaving. Helps prepare resumes, etc. |
| What is the WIA and what is the purpose? | Workforce Investment Act to improve workforce quality, enhance national productivity and competitive ability, reduce reliance on welfare. |
| What is the TAA and what is the purpose? | Trade Adjustment Assistance to assist workers who lose jobs due to increase in imported goods. |
| What is the disposal rule as designated by the FTC (Federal Trade Commission)? | - Burn, pulverize, shred - Destroy or erase - Hire outside document destruction company |
| What are USCIS instructions for electronic storage for the I-9? | - Controls for accuracy - Controls to prevent copy, delete, etc. - Controls to audit changes - Inspection/QA process - Detailed index - HIgh degree of legibility and readability |
| Name some Metrics for WFP. | 1.) Accession rate - new EEs against total 2.) Quality of hire 3.) Cost per hire 4.) Time to hire 5.) Replacement cost 6.) Turnover analysis |
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