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©Orion HR Group, LLC
Workforce Planning and Employment
TCHRA2013
Larry Morgan, SPHR, GPHR, MAIROrion HR Group, LLC
Workforce Planning and Development
24% PHR 17% SPHR
What areas are covered on the exam?
Legal and legislative issues Discrimination issues Organization staffing Job analysis and documentation Recruitment Flexible staffing Selection and retention Organization exit Records management Only federal legislation
Key legislation
Title VII of the Civil Rights Act (1964) Prohibits discrimination in hiring, firing, layoff,
compensation, benefits, training, promotions / advancement, etc. based on the following:
Race Color National origin Religion Gender and gender identity
Sexual harassment
Legislation, continued
Exceptions to Title VII Work related BFOQ Seniority
Civil Rights Act (1991) Jury trial Compensatory and punitive damage limits
15- 100 ees $ 50,000 101-200 ees $100,000 201-500 ees $200,000 501 and over $300,000
Which statement about Title VII is accurate?
A. All employees must go through sexual harassment training
B. Discrimination against race and sexual orientation is prohibited
C. All employees must be paid the same
D. Employees must have an equal opportunity to participate in training
Additional legislation
GINA Equal Pay Act Fair Pay Act Age Discrimination Employment Act
BFOQ exception Bona fide seniority plan Top executives Pilot or public safety officer
Pregnancy Discrimination Act Sexual orientation not covered at federal level
Legislation
Americans with Disabilities Act (1990) Essential duties Reasonable accommodation Alcoholism and drug use
ADA Amendments Act (2008) Expanded ADA Mitigation “Regarded as” clause Reasonable accommodation
Legislation
Uniform Guidelines on Employee Selection Procedures Recruitment Testing Interviewing Selection Performance appraisals
Adverse impact (disparate impact) concept and analysis for hiring, layoffs, promotions, etc.
Adverse impactaka “80%” or “4/5th” rule
A company interviews 60 males and 40 females.
They hire 30 males and 10 females. What is the selection rate of females? Does adverse impact exist?
Adverse impact
Answer:Yes.
Calculation:50% of the males (high group) were hired. To determine adverse impact, multiply 4/5 or 80% of 50% = 40%.
Adverse impact occurred because 25% of the females (low group) were hired, not the required threshold of 40%.
If adverse impact exists….
Analyze data Review testing methodology for
bias, job relatedness, validity and reliability
Abandon or modify the procedure Justify as business necessary
Defenses to discrimination
Work related requirements BFOQ Seniority systems
Executive orders
What is an executive order? Executive order 11246 Executive order 13496
Other
Section 503 of the Rehabilitation Act Vietnam Era Veterans Readjustment
Assistance Act Jobs for Veterans Act Rehabilitation Act of 1973
The ADA applies to:
A. Only private organizations with 50 or more employers
B. Employers who contract with state or federal governments
C. All employers, regardless of sizeD. Employers with 15 or more
employees
Immigration Immigration and Nationality Act
Resident and nonresident Immigrant and nonimmigrant Documented and undocumented
Immigration Reform and Control Act I-9
3 days to provide proof List A- documents that establish identity and employment
authorization List B- Identity List C- Employment authorization
E-verify
Visa
Visa First preference EB-1 Second preference EB-2 Third preference EB-3
WARN Act
100 or more Full time employees Full and part time employees working in
aggregate at least 4,000 hours per week 60 days advance notice to
Affected workers State dislocated worker units Chief elected official of the local
government
More laws
Congressional Accountability Act Uniformed Services Employment and
Reemployment Rights Act Employee Polygraph Protection Act Consumer Credit Protection Act Fair Credit Reporting Act Fair and Accurate Credit Transactions
Act
Which of the following assists employers in complying with federal regulations against discrimination?
A. Title VIIB. Congressional Accountability ActC. Executive Order 11246D. Uniform Guidelines on Employee
Selection Procedures
Equal Employment Opportunity
No discrimination based on a protected class
EEOC vs. Affirmative Action EEO Reporting for employers with
100 or more employees Sept 30 each year Race, ethnicity and gender Nine job categories
Applicant flow data
EEOC Complaint Process
Charge filed and employer notified Employer response EEOC attempts mediation and
settlement EEOC findings-
Probable cause No determination No probable cause
Affirmative action plans
Preferential hiring based on past discrimination
Court order State or federal contracts Data analysis
Metropolitan Area Statistical Database Workforce analysis 9 categories
Annual reporting
Key elements of an AAP
Organization profile Organization display Workforce analysis Availability analysis Placement goals
Applicant Flow Data
Track applications to prove lack of discrimination
Definition of electronic job applicant Employer must be seeking to fill job Individual must have followed the
employers application process Individual must express interest in a
particular job Individual must be qualified
Key Cases to know
Griggs v. Duke Power McDonnell Douglas Corp. v. Green Abermarle Paper v. Moody Washington v. Davis
Key concepts to be familiar with Voluntary compliance with AA Glass ceiling Reverse discrimination Corporate management compliance evaluation Quota vs. merit hiring Employment Practices Liability Insurance (EPLI) Vicarious liability Defamation Libel Slander
Sexual harassment
Quid pro quo “this for that”
Hostile work environment Sexual or other conduct is so severe and
pervasive that it interferes with an individuals performance; creates an intimidating, threatening or humiliating work environment.
Third party harassment Same sex harassment covered Sexual orientation not covered specifically at
federal level but may be harassment
Other harassment issues
Bullying Social media Cyberharassment Intimidation, destruction of property,
sabotage Jerk behavior vs. harassment Important to deal with if it involves a
protected class
Employer responses to harassment
Policy revisions Social media Cyberharassment Code of Conduct
Complaint process Fast investigation Training of all employees, especially
supervisors
Why are employers responsible for the discriminatory action of their supervisors?
A. EEOC regulationsB. Quid pro quoC. Vicarious liabilityD. Defamation
Staffing vs. Workforce Planning
Staffing Identify current human capital needs Supply qualified labor through recruiting
and redeployment Workforce planning
Analyze workforce and identify future needs
Conduct gap analysis Supply, demand, budget and strategic
analysis
Workforce Analysis
Four stages Supply analysis Demand analysis Gap analysis Solution analysis
Workforce analysis techniques Supply analysis – where are we now?
Trend and ratio projections Turnover analysis F low analysis
Demand analysis – Where do we want/need to be? Judgement forecasts
Managerial estimates Delphi technique Nominal group technique
Statistical forecasts Gap analysis – What is lacking? Solutions analysis – How will we get there?
International Workforce Planning(SPHR only)
Four terms used to describe international business operations Ethnocentric Polycentric Regiocentric Geocentric
International workers (SPHR Only)
Parent country nationals Third country nationals Host country nationals Expatriates Inpatriates Repatriates International assignee
Types of International Workers (SPHR only) Short term assignees Long term assignees Sequential/ rotational employees Commuting employees Frequent flyers / extended business travelers Stealth expats Local hires / local nationals Localized employees Permanent assignees / permanent locals Returnees Outsourced employees
Job analysis
A “Job” is a collection of activities (tasks) and responsibilities that an employee is responsible to conduct.
Job analysis is the systematic study of jobs to determine what activities (tasks) and responsibilities they include, their relative importance and relationship with other jobs, the personal qualifications necessary for performance of their jobs, and the conditions under which the work is performed.
KSA’s
Three key elements are included in a job analysis
Knowledge Skills Abilities
Sometimes “O” (other such as working conditions)
Methods of job analysis
Observation Interview Open-ended questionnaire Highly structured questionnaire Work diary or log
Job analysis outcomes
Job specifications Education Experience Training Mental abilities Physical efforts and
skills Judgment Decision making
Performance standards
Job description Job title and
organization Relationships Duties and
responsibilities Essential job functions Nonessential job
functions Working conditions Level of decision making Level of financial
accountability
How are job descriptions used? Recruitment Selection Performance appraisal Compensation and FLSA Development Promotions Discipline / termination ADA- essential functions Litigation defense
Skill vs. competencies Skills
Observable and testable “Price of admission”
Competencies More than job knowledge, skills and abilities Developed over time Personal to the employee Emotional intelligence Examples
Organization competencies
Which of the following produces a written summary of the work performed by an employee?
A. Job descriptionB. Job analysisC. Job summaryD. Job specification
Recruitment methods Internal
Postings Job bidding Skill banks / skill
tracking systems Employee referrals
External Former employees Previous applicants Labor unions Walk ins Educational institutions or Alumni
associations Job fairs Professional organizations Internet postings
Organization web site Monster / Career builder Social media
Professional recruiters Temporary agencies State employment agencies Outplacement firms
Employees are given an opportunity to indicate interest in an announced opening through:
A. Skill trackingB. Succession planningC. Job postingD. Job analysis
Employment branding
Defines the “EVP” Employer of choice Brand pillar identification Web site Social media Work environment awards Benchmarking Touchpoint mapping Media ads Personalized channels for external audiences Collateral material Marketing campaigns Community events
Evaluating recruitment effectiveness
Short term Time to recruit Cost to recruit Selection and
acceptance rate of applicants
Quantity of applicants
Quality of applicants EEOC implications
Long term Performance of
hires Turnover Absenteeism of
hires Training costs
Cost per hire
Σ (External Costs) + Σ (Internal Costs)___________________________________
Total number of hires in a time period
Recruitment Cost Ratio
External costs + Internal costs ________________________ x 100
Total first year compensation of hires In a time period
Example $200,000 x 100 = 10% $2,000,000
Candidate yield Determine yield ratio
Number of applicants Number interviewed Offers extended Offers accepted Male vs. female Minority
Qualified applicants 100______________ ___ = 33% Yield Ratio Total applicants 300
Flexible staffing
Identify function, level of supervision required, time constraints, financial constraints, concerns over legal risks and liability
Alternatives Independent contractors On call workers Agency Temporary employees Seasonal employees Temp to hire Contract workers Co-employment / joint employment arrangements
Hiring Process
Identify Needs
Review applications and resumes
Recruitment
Contingent Offer
Background Checks
Screening and interviewing
Testing *
Application process
Forms Short Long Targeted application Weighted application
Resumes Prescreening phone calls Applicant notification
When candidates supply resumes, why should they also complete application forms?
A. It is required by EEOCB. It produces information about the
candidate employers cannot ask in an interview
C. The forms require applicants to verify that the content is accurate
D. The forms are maintained while resumes should be destroyed
Interviewing
Prescreening interviews In-depth interviews
Structured Patterned Stress Directive Nondirective Behavioral Situational Group (team or panel)
Interviewer bias
Stereotyping Inconsistency in questioning First impression error Negative emphasis Halo / horn effect Nonverbal bias Contrast error Similar to me error Cultural noise
If the interviewer allows one negative point to overshadow positive points, it is an example of
A. Cultural noiseB. Contrast effectC. Horn effectD. Halo effect
Testing
Uniform guidelines on employee selection procedures Types of tests
Cognitive ability Personality Aptitude Psychomotor Assessment centers Honesty / integrity Polygraph Substance abuse
Drug Free Workplace Act
The type of testing which measures capacity to learn or acquire new skills:
A. PersonalityB. PsychomotorC. AptitudeD. Dexterity
Background checks
Fair Credit Reporting Act Work reference checks Academic credentials Motor vehicle /drivers license Credit history Criminal background Social security Social media
Reliability and Validity
Reliability Consistent results over time Same instrument Different raters
Validity Content Construct Criterion related Concurrent Predictive
Which of the following is an example of construct validity?
A. Administrative assistants with college degrees measured against those without degrees
B. Flight controllers tested for leadership and critical thinking skills
C. Computer programmers asked to debug a coding section
D. New hires are tested and compared against experienced employees
Realistic job previewing
The good, the bad and the ugly Provides opportunity for self selection Examples
Typical day Organization mission/vision/values Description of organization products or
services Positive and negative aspects of job Opportunities for advancement and
development Tours of workplace
Contingent job offer
Written offer with title, salary, start date, reporting relationship, benefits provided, etc.
Identify specific contingencies Drug test Background check Physical or psychological test Qualified medical exam Licensure or certification Training
Employment contracts Override “employment at will” Typically used for executives or sales May be written or verbal Terms
Length of agreement General duties and expectations Confidentiality and nondisclosure Invention, trade secret or proprietary information Non-compete Compensation and benefits Terms for resignation /termination Severance Change in control Relocation
Retention issues Definition Costs
Financial Other Replacement Training
Strategies Evaluating retention strategies Onboarding Succession planning
Organization exit
Offboarding Reduction in force Severance packages Downsizing Terminations
Wrongful termination Constructive discharge Retaliatory discharge Coercion Involuntary discharge
Downsizing
Organization exit Layoffs / Reduction in force (note
WARN Act) Merger and acquisition Severance Waiver and release
Before conducting a layoff, the organization should conduct:
A. A nine factor analysisB. A review of personnel files for
performance issuesC. A review of unemployment claimsD. Assessment against disparate
impact for age
Terminations
Takes two to hire, two to fire Voluntary termination Exit interviews Outplacement
Termination tips
Do Give as much warning as
possible Meet in private Be respectful Make sure the employee hears
the termination from a manager and not a co-worker
Express appreciation for what they have done
Control the emotions Provide them with a written
statement outlining last date of employment, severance, benefit issues, etc.
Inform other employees, customers and suppliers with a simple and basic statement.
Don’t Don’t leave room for confusion
or ambiguity, inform them immediately of the termination
Suggest the position is eliminated and then rehire for the same role
Don’t debate Don’t rush the employee off site
unless there is a security issue Fire people on significant dates Make discriminatory statement Fire when people are on
vacation or have just returned Discuss the termination with
other employees Make disparaging comments
Employee records management
HIPAA regulations for Protected Health Information (PHI) and electronic PHI (ePHI)
Three files Personnel file Benefits file I-9
Investigative notes Control access
Record retention
State vs. federal No clear standards General guidance:
Payroll records at least three years Applicant files- one year after position filed Personnel files- one year after employee
leaves Retirement information- lifetime of
employee and contingent beneficiary Workers comp- employment of individual
Key terms to be familiar with ADA Adverse impact Affirmative action Age Discrimination in employment Act Aptitude test Assessment centers Availability analysis Behavioral interview Bona Fide Occupational Qualification (BFOQ) Civil Rights Act Co-employment Cognitive ability test Competency Concurrent validity Congressional Accountability Act Construct validity Constructive discharge
Terms Consumer Credit Protection Act Content validity Contrast effect Core competencies Criterion related validity Cultural noise Delphi technique Disparate impact Disparate treatment Employee Polygraph Protection Act Employment at Will Employment branding Employment contract Employment practices liability insurance Essential function
Terms Exit interview Expatriates Fair and Accurate Credit Transactions Act (FACTA) Fair Credit Reporting Act (FCRA) First impression error Flexible staffing Garnishment Glass ceiling Halo effect Horn effect Host country nationals Hostile environment harassment Immigration Reform and Control Act Independent Contractors International assignee Involuntary termination
Terms Job analysis Job applicant Job bidding Job description Job posting Judgmental forecasts Lilly Ledbetter Fair Pay Act Local nationals Nominal group technique Organization exit Outplacement Outsourcing Panel interview Parent country nationals Patterned interview Personality tests Placement goals
Terms Polygraph test Predictive validity Pregnancy Discrimination Act Prima facie Protected class Quid pro quo Quota Realistic job preview Reasonable accommodation Reliability Repatriates Retaliatory discharge Sexual harassment Simple linear regression Simulations Situational interview Skill banks
Terms Stereotyping Stress interview Structured interview Substance abuse tests Targeted interview Team interview Third country national Transgender Trend and ratio analysis Turnover Uniform Guidelines on Employee Selection Procedures Uniformed Services Employment and Reemployment Rights Act Validity Vicarious liability WARN Act (Worker Adjustment and Retraining Notification Act) Workforce analysis Workforce Planning Yield ratios
