Human Resource Measurement in Selection - PowerPoint Presentation

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Human Resource Measurement in Selection - PPT Presentation

Part 1 An Overview of Human Resource Selection CHAPTER 2 Key Points The basic principles of federal regulation of HR activities An overview of the specific laws and executive orders appropriate to selection ID: 326897

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Slide1

Human Resource Measurement in Selection

Part 1

An Overview of Human Resource Selection

CHAPTER

2Slide2

Key Points

The basic principles of federal regulation of HR activities

An overview of the specific laws and executive orders appropriate to selectionThe types of evidence used in deciding when discrimination has occurredThe types and characteristics of affirmative action programs

Major court cases in selectionThe most important legal issues to consider in developing and implementing a selection program

2–

2–3

FIGURE 2.1 Regulatory Model of EEO

SOURCE: Adapted from James Ledvinka and Vida G. Scarpello,

Federal Regulation of Personnel and Human Resources Management

, 2d ed. (Boston: PWS Kent Publishing Co. 1991), 18.Slide4

2–4

TABLE 2.1 Major EEO Laws and Executive Orders Regarding Selection

Title VII Civil Rights Act of

1964

Civil

Rights Act of 1991

Executive Order No. 11246

Age Discrimination in Employment Act of 1967

The Rehabilitation Act of 1973

Americans with Disabilities Act of

1990

ADA Amendments Act of 2008

Immigration Reform and Control Act of 1986

U.S. Constitution

5th

Amendment

U.S. Constitution

14th

Amendment

Civil Rights Act of 1866

Civil Rights Act of 1871Slide5

EEO Discrimination Complaint Process

2–

Discrimination Charge

No-Fault Settlement

No Probable Cause Statement

Litigation

Conciliation

Right-to-Sue Notice

Investigation

Equal Employment Opportunity Commission (EEOC)

Probable Cause StatementSlide6

Americans with Disabilities Act of 1990

Definition of Disability

A disabled individualhas a physical or mental impairment that substantially limits one or more major life activitieshas a record of such an impairment

is regarded as having such an impairment.Excluded groups:

Homosexuals and bisexuals; transvestites, transsexuals, pedophiles, exhibitionists, voyeurists, and those with other sexual behavior disorders; compulsive gamblers, kleptomaniacs, pyromaniacs, and those currently using illegal drugs.

2–

Reasonable Accommodation

Reasonable AccommodationAn organization is required to make changes in the work process for an otherwise qualified individual with a disability unless it would pose “undue hardship”

Qualified Individuals with a DisabilityMeet the job-related requirements of a position

Can, with or without reasonable accommodation, perform the essential functions of the job

“Undue Hardship” Exception

Nature and cost of the accommodation

Ability of parent employer to bear costs

2–

Essential Job Functions (Activities)

An activity could be considered essential if:

The position exists to perform the activity.Only a limited number of other employees are available to perform the activity or among whom the activity can be distributed.The activity is highly specialized, and the person in the position is hired for the special expertise or ability to perform it.

2–

Employment Discrimination

Forms of DiscriminationDisparate treatment

Situations in which different standards are applied to various groups of individuals even though there may not be an explicit statement of intentional prejudice.Disparate impact

Organizational selection standards are applied uniformly to all groups of applicants, but the net result of these standards is to produce differences in the selection of various groups.

2–

Disparate Treatment

McDonnell Douglas RuleA guideline for establishing a prima facie case

The plaintiff must show that the following conditions exist:He or she belongs to a protected class.

He or she applied and was qualified for a job for which the company was seeking applicants.Despite these qualifications, he or she was rejected.After this rejection, the position remained open and the employer continued to seek applicants from persons with the complainant’s qualifications

2–

Disparate Impact

Burden-of-Proof Defenses for EmployersBusiness necessity

Application is limited to safety of workers and customersBona fide occupational qualification (BFOQ)

Disqualification of a demographic group from employment because no one person from that group could adequately or appropriately perform the jobValidityA plausible business reason

Demonstrated job-relatedness of selection procedure

2–

2–12

TABLE 2.2 Presentation of Evidence in Title VII Discrimination Cases

The Use of Statistics

Stock Statistics

Compare the percentages of specific internal and external demographic groups of workers at one point in time.

2–13

2–14

FIGURE 2.2 Revised EEO-1 Form

SOURCE: Federal Register, November 28, 2005 (70 FR 712 94).Slide15

The Use of Statistics (cont’d)

Relevant Labor Market (RLM)

The percentage of a specific demographic group in an appropriate external comparison group of workersGroup component determinants

Geographical locationSkill level

2–

TABLE 2.3 Some Relevant Labor Markets Used for Statistical Comparisons

General population data

Labor force data (civilian, nonfarm, or total)

Qualified labor market data

Actual applicant flow data

Qualified actual applicant flow data

Employer’s own workforce composition (promotion cases)

Employer’s own qualified and interested workforce composition (promotion cases)

2–

The Use of Statistics (cont’d)

Flow Statistics

Compare proportions taken from numbers gathered at two different points in time—before and after selection has taken place—to determine how minority members fared in the selection process in comparison to nonminority members.

Are used to determine if differences between the proportions is of sufficient significance to constitute evidence of discrimination.

2–

The Use of Statistics (cont’d)

Flow Statistics (cont’d)

Four-fifths rule

The ratio of any group must be at least 80 percent of the ratio of the most favorably treated group.

Standard deviation rule

2–

Definition of an Internet Applicant

The person must submit an expression of interest in employment

The organization is considering employing the individual for a particular position.The individual’s expression of interest indicates that the person possesses the basic qualifications for the position.The individual must not remove herself from consideration for the position.

2–

The Uniform Guidelines on Employee Selection (1978)

The Guidelines

represent the combined viewpoints of several federal agencies:Equal Employment Opportunity Commission (EEOC)Civil Service Commission

Department of LaborDepartment of JusticeAre not laws and are not legally binding

Are used as references for court decisions

2–

Uniform Guidelines on Employee Selection (1978)

Guidelines address:

The determination of adverse (disparate) impactThe types of selection methods covered by the GuidelinesDefenses for selection programs

Selection requirements and outcomesWhich job performance measures can be used to demonstrate validity

Record keeping requirements

2–

Affirmative Action Programs (AAP)

Affirmation ActionSpecific actions taken by an organization to actively seek out and remove unintended barriers to fair treatment in order to achieve equal opportunity.

Affirmative Action PlanA written document that explicitly states steps to be taken, information to be gathered, and the general baseline for decision making for each area of HRM

A guideline for actions to ensure that EEO principles are implemented within the organization.

2–

Types of Affirmative Action Programs

Reasons for Adopting an AAP:

The organization is a government contractorAAP is required for firms with $10,000 in federal contractsOffice of Federal Contract Compliance (OFCCP) oversees AAP development and administration

Court order (losing a court discrimination case) or signing a consent decreelegally required to balance internal workforce with the relevant labor market

May require preferential treatment to minority groups to achieve goals or quotas within specific timetables

Voluntarily attempting to implement EEO principles

Avoidance of reverse discrimination is problematic

2–

Affirmative Action Programs (AAP) (cont’d)

Opportunity Enhancement AAPs

Focused recruitment or training directed toward target groupsEqual Opportunity AAPsForbid assigning negative weights to members of target groups

Tiebreak AAPsMembers of target groups are given advantage only in selection situations in which applicants are tiedStrong Preferential AAPs

Give preference to target group members even if they have inferior qualifications

2–

TABLE 2.4 Key Issues in Major Selection Court Cases

2–

Griggs v. Duke Power (1971)

1. Lack of discriminatory intent not sufficient defense

2. Selection test must be job related if adverse impact results

3. Employer bears burden of proof in face of apparent adverse impact

U.S. v. Georgia Power (1973)

1. Validation strategy must comply with EEOC guidelines

2. Validation must include affected groups

3. Validation must reflect selection decision practices

4. Testing must occur under standardized conditions

Spurlock v. United Airlines (1972)

1. College degree and experience requirements are

shown to be job related

2. Company’s burden of proof diminishes as human risks

increase

Watson v. Ft. Worth

1. Cases focusing on subjective selection devices,

Bank & Trust (1988)

such as interviews and judgments, could be heard

as disparate impact

2. Organization may need to validate interview in

same manner as objective test

Slide26

TABLE 2.4 Key Issues in Major Selection Court Cases (cont’d)

2–

Rudder v. District

1. Content validity is acceptable defense for adverse

of Columbia (1995)

impact

2. Job analysis, ensuring adequate representation of

minority groups in data collection, is essential

3. Clear links must be shown between job analysis

information, test questions, and correct answers

4. Attention to test security and administration are

important

Ricci v. DeStefano (2009)

1. Adverse impact present as blacks scored lower on tests than whites and Hispanics

2. Discrimination directed toward whites and Hispanics

3. Threat of lawsuit not defense for disregarding job-related selection tests

4. Adverse impact can be defended by job relatedness of selection tests

Slide27

TABLE 2.4 Key Issues in Major Selection Court Cases (cont’d)

2–

OFCCP v. Ozark Air

1. In disability cases, organization must prove that

Lines (1986)

individual cannot perform job

2. Reasonable accommodation must be given to

disabled individual

Gross v. FBL Financial

1. Central question – how much evidence must plaintiff

Services (2009)

produce in age discrimination claim to force defendant to provide evidence that it did not use age in decision

2. Plaintiff must provide clear evidence that age was “but-for” reason in decision

3. Ruling significantly increases the amount of evidence that plaintiff must provide to obtain judgment that age discrimination occurredSlide28

EEO Summary

Major Legal Concepts Regarding DiscriminationBasis of Discrimination

Evidence of DiscriminationOptions of the Organization

2–28

Key Terms and Concepts

Discrimination charge

Equal Employment Opportunity Commission (EEOC)Office of Federal Contract Compliance (OFCCP)Disability

Reasonable accommodationUndue hardshipEssential job function

Disparate treatment

Disparate impact

McDonnell Douglas Rule

Burden of proofBusiness necessity

Bona fide occupational qualification (BFOQ)

Validity

Four-Fifths Rule

Standard Deviation Rule

Stock statistics

Relevant labor market (RLM)

Flow statistics

Internet applicant

The Uniform Guidelines on Employee Selection (1978)

Affirmative Action Programs (APPs)

2–

Human Resource Measurement in Selection - PowerPoint Presentation

Human Resource Measurement in Selection - PPT Presentation

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