BA 453/553

1. BA 453/553 Human Resource Management

2. Agenda April 11, 2006 • Group Presentations (1,2,3, & 4) • Guest Speaker – John Buersatte of Gleaves, Swearingen, Potter, & Scott LLP • Break • Discussion & Activities

3. Common pitfalls or mistakes made by managers • Ignoring the complaint – assuming “it will go away” • Inadequate Discovery – engaging in superficial fact-finding • Factual Disputes – presuming that “she said, he said” cannot be resolved

4. Common pitfalls or mistakes made by managers (continued) • Honoring Confidentiality vs. Acknowledging Notice “rocking the boat” • Blind Referral – referred to HR without follow-up • Inadequate Corrective Action – when discovery reveals the complaint is valid, inadequate action occurs

5. Common pitfalls or mistakes made by managers (continued) • Lack of Follow-up – checking in to see if the complaint is corrected • HR Exclusion – manager fear of being viewed as inadequate • Ignorance as a Defense – “what they don’t know can’t hurt them” • Lack of Prompt Response to an EEOC complaint or law suit

6. Preventative Strategies • Clear Policy – adopt & communicate • Continuous Training – provide relevant training • Value Diversity – advocate the value of an ethically diverse work environment • Philosophy – adopt at Theory Y approach

7. Preventative Strategies(continued) • Complaint Procedure – as part of the policy • Integrity of Investigations – insure that fact finding is careful, thorough, and well documented • Corrective Action – take effective action to address the concerns

8. Preventative Strategies(continued) • Surveys & Audits – don’t wait for complaints • Interviews – conduct random interviews to discover concerns • Litigation Strategy – make it known that the company will fight any fraudulent complaints

9. Scenario • Joe Mac Jefferies is an outside sales rep on his way to the hotel from a dinner meeting with a client • You get a call the next morning from a client wondering where Joe Mac is. • Later on you find out the circumstances

11. Employment Law Quadrant

12. “You Be The Judge”Terminology & Definitions • Adverse Impact – Employment practices that appear neutral but have a discriminatory effect on a protected group • Disparate Treatment – Protected groups are intentionally rated differently from other employees

13. “You Be The Judge”Terminology & Definitions • Protected Classes – Groups protected by EEO designations including women, African Americans, Hispanics, Native Americans, Asian Americans, people age 40 and older, the disabled, and veterans. In some instances, protected groups may include white males

14. “You Be The Judge”Terminology & Definitions • Behavior-Based Interviewing – Interviewing based on past experience that can be used to describe the presence or absence of a skill. The job candidate thinks of a specific event that relates to questions that have been asked by the interviewer

15. “You Be The Judge”Terminology & Definitions • Bona Fide Occupational Qualifications (BFOQ) – The Civil Rights Act permits discrimination on the basis of gender, religion, or national origin (but not race or color), if such factors can be shown to be bona fide occupational qualifications reasonably necessary for the operation of the business

16. April 18thEmployment Planning, Recruitment & Selection • Presentations • Group 5 – Selection Test Validity & Reliability; Types of Tests • Group 6 – Background Investigation & Reference Checking • Group 7 - Employment Interviews – Types, Formats, Mistakes • Group 8 – Interview Questions: The Right and Wrong Ones • Chris Rice – Sherman Bros. Recruiting Mgr. Recruiting exercise & discussion • Review for Exam