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Ethical and Legal Aspects of T and D

Ethical and Legal Aspects of T and D. Difference between T and D?. Training – specific skills Development – intellectual capital Both are a planned effort to “facilitate” learning of job related behavior. What is HRM relationship with T and D?. Relates all HR practices and policies to ee

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Ethical and Legal Aspects of T and D

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  1. Ethical and Legal Aspects of T and D

  2. Difference between T and D? • Training – specific skills • Development – intellectual capital • Both are a planned effort to “facilitate” learning of job related behavior

  3. What is HRM relationship with T and D? • Relates all HR practices and policies to ee • 180 Billion spent on training yearly

  4. Legal • Federal Fair Employee Practices • Equal Treatment • Title VII • “ cannot discriminate in T and D either • If training does have negative impact the organization must be ready to demonstrate validity

  5. Uniform Guidelines • All training must be directly related to job necessity • Affirmative Action- all must have equal chance to complete course. • Training can not have negative impact.

  6. Validity • Content Validity • Training must show increased job performance • Performance test must show difference between trained and untrained • Criterion related validity • Selection must not have negative impact. • Selection for training courses must relate to job performance

  7. Disparate Treatment • Three step procedure • Plaintiff must establish prima facie evidence • They must belong to minority group • Must be qualified for job • Must have been denied opportunity while others in non protected class were not. • Must show motivation to discriminate • Employer must show business necessity.

  8. To prevent lawsuits • Design training programs that will allow for differences by minorities and women. • Always, always evaluate transfer • Ex At&t outside pole climbing

  9. Adverse Impact • Make sure training materials equal training readability requirements on job • Too difficult may have adverse impact on non English speaking • Use readability index ( # OF SYLLABLES PER WORD)

  10. Watch derogative comments • “ teach old dog new tricks” • Treat all participants the same • Remember people learn at different speeds.

  11. Equal Pay Act • Equal pay for equal work between genders • For = skill, knowledge, education etc • Landmark case: First Victoria Bank • Court ruled against training program • T program not in writing • Ee was not given job hired for • T program excluded women • No consistent advancement from T program to full employment

  12. Privacy Act • Good idea to get releases • Results of tests or training course “may be given to supervisory personnel.

  13. New Age Training • Positive thinking • Emotional intelligence • Hypnosis • “seek to liberate minds by breaking old thinking habits’ • May violate religious beliefs • Court ruled OK if this type of training is voluntary • Landmark case Krone Consultants at Pacific Bell • Thought police

  14. Always guard the rights of the trainee!!!! • Reasonably accommodate • Inform trainees of training techniques before hand. • Allow right to choose • Be alert to all HR issues

  15. More legal issues that all require formal training • Workplace safety OSHA • Sexual Harassment prevention • Drug free workplace procedures • Trade secret handling procedures • Preventative training measures • Proper hiring • Firing, promotion, performance evaluation

  16. American With Disabilities Act • Reasonable accommodation • Accessible locations • Interpreters for deaf • Note takers for blind • Materials • Audio/visuals • Lighting • Reading disabilities • Learning disabilities

  17. Behavior considered unethical for T and D Professionals • Lack of professional development • Violations of confidences • Use of “cure all” programs • Dishonesty regarding program outcomes • Failure to give credit • Abuse of trainees • Entertaining not training • No follow up

  18. Training programs must not have a • A. Business necessity • B. Content validity • C. negative impact

  19. Trainers should always be prepared to prove that their programs • A. Objectives • B. validity • C.Positive impact

  20. _______validity must necessitate the analysis of ksa’s • A. Content • B. Criterion • C. Both above are correct

  21. According to Uniform Guidelines _________ ________ occurs • when members of the protected class are denied access to equal employment opportunity • A. Negative impact • B. Prima facie • C. Disparate treatment

  22. What should training managers do to prevent disparate charges? • A. Document all training results • B. Redesign programs if needed • C. Both above may be necessary

  23. Training opportunities must not be denied to the disabled because of • .a. inability to offer correct lighting • b. inability to offer undue hardship • c. inability to offer reasonable accommodation

  24. Give examples of the following unethical training practices • Lack of professional Development • Violation of confidence • Cure all programs • Dishonest reporting • Failure to give credit • Abuse of trainees • Lack of follow-up

  25. Make sure that you apply both legal • and ethical aspects to your projects • Watch giving credit

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