Hr Paper

Your HR project to develop a centralized model of delivering HR services has progressed through very critical stages of the project thus far. It is now time to present actionable, decision-making information to project leaders. This can be best accomplished when projects have been successfully managed, devoid of any major risks, and have been properly closed out and finalized.

 

Write a five- to six-page paper in which you:

 

1. Explain what it means to successfully direct and manage project work, and identify and discuss 3–4 strategies you might use to manage and sustain progress in your HR project. Be specific.

2. Identify and discuss a minimum of three strategies that could be used to address and resolve any risks within the control of the project. Hint: See Exhibit 14.5 in the textbook. Is any one of the strategies you selected more important than the others? Why?

 

 

Exhibit 14.5

 

RISK EVENT RESOLUTION STRATEGIES RISKS WITHIN PROJECT CONTROL

Understand and control WBS

Closely monitor and control activity progress

Closely manage all project changes

Document all change requests

Increase overtime to stay on schedule

Isolate problems and reschedule other activities

Research challenging issues early

 

Risks, especially WITHIN PROJECT CONTROL

 

Establish limits to customer expectations

Build relationships by understanding project from client’s perspective

Use honesty in managing client expectations

Work with client to reprioritize cost, schedule, scope, and/or quality

Carefully escalate problems

Build team commitment and enthusiasm

 

RISKS OUTSIDE PROJECT CONTROL

 

Understand project context and environment

Actively monitor project environment

Understand willingness or reluctance of stakeholders to agree to changes

 

3. Describe 2-3 actions a project manager may take as they begin to close out the project. Be sure to justify the actions you discuss.

4. Review Project Management in Action: The Power of Lessons Learned (pages 518-520 in the textbook) and provide an overview to the project team on the significance of the information. Be specific.

 

Pg. 518-520 from book

 

PROJECT MANAGEMENT IN ACTION The Power of Lessons Learned Projects are discrete. They have a beginning and an end, at which time the project team disbands and moves on to other things. Despite the fact there has inevitably been significant tacit learning during the project, there is often only a limited capture of this into a sharable form for future reuse. Too often, as the project team dissolves, the learning fades into the memories of individuals minds. This makes it extremely difficult for others to benefit in the future from the insights learned. The usual excuses for this loss echoing through the corridors include just too hard, not enough time, team disbanded before we had the chance, and many more. The key error here is the incorrect assumption that learning during or from projects is an added bonus or a nice- to-have luxury. This is not the case in best practice environments. Those fortunate enough to work on a well-led project will have observed how learning is just part of how we work together. Experienced and knowledgeable project leaders understand the value in capturing lessons learned, as an embedded part of normal daily activities. They engage the team to deliberately harness knowledge and highlight lessons throughout the project to provide insights and enhance performance (during the project and beyond). The value of doing this greatly outweighs the costs of implementation when it is done well and there is a culture of trust and collaboration. This capture of learning at each stage builds the capabilities of those involved and can form a knowledge base to be used by the team or by others in future stages and future projects. In some cases, this knowledge base remains only in the heads of those involved because there is no attempt to capture it in explicit form. This is a mistake because it is difficult to transfer this knowledge beyond the immediate team (although it can be to some extent if there is a culture of story- telling and low staff turnover). There are many barriers to developing an effective lessons-learned knowledge base, and culture is often the primary villain. If people involved in the project are not reflective and not willing to invest a little time to capture and share their insights, the lessons are not captured. Equally, culture influences the motivation to look at what has been learned through the discovery process before the project starts. Good projects start with more questions than answers: Has this been done before? Did it work? I so, why? If not, why? What has changed since the last time? (Something that did not work before might now if the context is different.) If we did it the same, would it still work, or do we need to adapt it? These questions can be effectively answered only if there is some access to what was learned previously and those seeking answers can find it in a convenient and trusted way. This is why talking to someone you know and trust, who was actually involved in the prior project, is always the preferred option. However, in modern organizations, this is becoming increasingly difficult to achieve because of challenges such as high use of contracted team members, high employee mobility, regular restructures, incomplete records in lessons-learned systems (which may be poorly designed), and the fast change of supporting technologies. So what other good options exist? Some organizations (including NASA and the U.S. military) have developed quite sophisticated lessons- learned databases. These are usually supported by processes that require people to submit comments into the project systems that will help other people in the future. Over time, these what we know based systems build a large volume of data that can be interrogated to provide relevant insights when you need them (hopefully proactively to avert a potential risk becoming an issue, rather than reactively when the issue has occurred). These systems work best when people make it part of their normal work activities to record both errors and their solutions as well as what went right and why. Insights of both types are essential to ongoing success. The danger of rigid processes and systems is that people do not see the value in recording something that they believe is for the benefit of unknown others in the future and will not help them (but costs them precious time). So they either just don t do it, or they record only very basic, nonspecific information that will not be particularly helpful for someone in a future context. Some organizations have a stick approach and link recording of quality lessons learned to performance reviews or project sign-offs. Others take a carrot approach and reward those who record effective lessons learned as judged by other people who found and applied the lessons. Another approach used by an international project management organization is to combine a content- based system (as described above) and an under- standing of who knows what. People seeking insights can ring a service desk with their questions and the (experienced) employee answering the phone discusses what it is they need to find out. The service person can be from a range of backgrounds, such as a librarian, a semiretired employee with a long history of the organization s projects, a specialist, or a nominated representative of an internal group such as a technical committee or community of practice. Source: Arthur Shelley, http://www.organizationalzoo.com/about/arthur_shelley. Sometimes these people will know the answer, but if they do not, they can find a person or document that can guide the seeker. This PM organization records all questions asked and the relevant resources that helped the seeker in a database that can be interrogated in the future. This hybrid of tacit and explicit knowledge was found to be highly effective for fast discovery of ideas. It enabled good ideas to be quickly applied elsewhere and helped to prevent reinvention of ideas already developed in other parts of the organization. It also enabled the discovery process at the beginning of projects to reduce repeating of errors from earlier experiences. Successful people learn from Their mistakes AND the mistakes of OTHER,

 

5. Used at least three (3) quality academic (peer-reviewed) resources in this assignment.

Use reference book Contemporary Project Management-

Timothy Kloppenburg

 
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Answer The Below Question In APA Format 200 Words.

Human Resource Management

Human Resource Management

[Author removed at request of original publisher]

UNIVERSITY OF MINNESOTA LIBRARIES PUBLISHING EDITION, 2016. THIS EDITION ADAPTED FROM A WORK ORIGINALLY PRODUCED IN 2011 BY A PUBLISHER WHO HAS REQUESTED THAT IT NOT RECEIVE ATTRIBUTION.

MINNEAPOLIS, MN

Human Resource Management by University of Minnesota is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

This book was produced using Pressbooks.com, and PDF rendering was done by PrinceXML.

Contents

Publisher Information viii

Author Bio ix

Acknowledgments x

Dedications xii

Preface xiii

Chapter 1: The Role of Human Resources

1.1 What Is Human Resources? 2 1.2 Skills Needed for HRM 11 1.3 Today’s HRM Challenges 15 1.4 Cases and Problems 26

Chapter 2: Developing and Implementing Strategic HRM Plans

2.1 Strategic Planning 29 2.2 Writing the HRM Plan 40 2.3 Tips in HRM Planning 48 2.4 Cases and Problems 52

Chapter 3: Diversity and Multiculturalism

3.1 Diversity and Multiculturalism 55 3.2 Diversity Plans 61 3.3 Multiculturalism and the Law 68 3.4 Cases and Problems 77

Chapter 4: Recruitment

4.1 The Recruitment Process 80 4.2 The Law and Recruitment 89 4.3 Recruitment Strategies 95 4.4 Cases and Problems 107

Chapter 5: Selection

5.1 The Selection Process 111 5.2 Criteria Development and Résumé Review 115

 

 

5.3 Interviewing 120 5.4 Testing and Selecting 128 5.5 Making the Offer 134 5.6 Cases and Problems 137

Chapter 6: Compensation and Benefits

6.1 Goals of a Compensation Plan 141 6.2 Developing a Compensation Package 144 6.3 Types of Pay Systems 148 6.4 Other Types of Compensation 165 6.5 Cases and Problems 177

Chapter 7: Retention and Motivation

7.1 The Costs of Turnover 181 7.2 Retention Plans 187 7.3 Implementing Retention Strategies 201 7.4 Cases and Problems 212

Chapter 8: Training and Development

8.1 Steps to Take in Training an Employee 217 8.2 Types of Training 223 8.3 Training Delivery Methods 230 8.4 Designing a Training Program 237 8.5 Cases and Problems 253

Chapter 9: Successful Employee Communication

9.1 Communication Strategies 257 9.2 Management Styles 269 9.3 Cases and Problems 277

Chapter 10: Managing Employee Performance

10.1 Handling Performance 280 10.2 Employee Rights 296 10.3 Cases and Problems 307

Chapter 11: Employee Assessment

11.1 Performance Evaluation Systems 312

 

 

11.2 Appraisal Methods 319 11.3 Completing and Conducting the Appraisal 332 11.4 Cases and Problems 341

Chapter 12: Working with Labor Unions

12.1 The Nature of Unions 347 12.2 Collective Bargaining 359 12.3 Administration of the Collective Bargaining Agreement 365 12.4 Cases and Problems 369

Chapter 13: Safety and Health at Work

13.1 Workplace Safety and Health Laws 373 13.2 Health Hazards at Work 382 13.3 Cases and Problems 400

Chapter 14: International HRM

14.1 Offshoring, Outsourcing 404 14.2 Staffing Internationally 418 14.3 International HRM Considerations 423 14.4 Cases and Problems 440

Please share your supplementary material! 443

 

 

Publisher Information

Human Resource Management is adapted from a work produced and distributed under a Creative Commons license (CC BY-NC-SA) in 2011 by a publisher who has requested that they and the original author not receive attribution. This adapted edition is produced by the University of Minnesota Libraries Publishing through the eLearning Support Initiative.

This adaptation has reformatted the original text, and replaced some images and figures to make the resulting whole more shareable. This adaptation has not significantly altered or updated the original 2011 text. This work is made available under the terms of a Creative Commons Attribution-NonCommercial-ShareAlike license.

 

 

Author Bio

Human Resource Management is adapted from a work produced by a publisher who has requested that they and the original author not receive attribution. This adapted edition is produced by the University of Minnesota Libraries Publishing through the eLearning Support Initiative.

Unnamed Author holds a master of business administration from City University of Seattle and a doctorate of business administration from Argosy University. Unnamed Author is a tenured professor at Shoreline Community College and teaches in the business department. She also teaches graduate and undergraduate management and HRM courses for The University of Phoenix–Western Washington Campus. Before becoming a professor, Unnamed Author worked for several small and large organizations in management and operations. She is also an entrepreneur who has performed consulting work for companies such as Microsoft.

Unnamed Author has authored two books for McGraw-Hill and numerous supplemental materials. In her free time, she enjoys hiking, backpacking, scuba diving, and snowshoeing. She lives in Seattle, Washington, with her husband and her two rescue dogs.

 

 

Acknowledgments

I would like to thank each and every one of the reviewers for their contributions to this book. Their ideas, feedback, and suggestions make this book one of the most innovative HRM books on the market, and I thank them personally for their insight.

• Carol Decker, Tennessee Wesleyan College

• Melissa Gruys, Wright State University

• Lisa Stafford, Fairfield University

• Fred Kellinger, Penn State University–Beaver Campus

• Avan Jassawalla, SUNY Geneseo

• Cheryl Adkins, Longwood University

• James Tan, St. Cloud State University

• Niclas Erhardt, Maine Business School

• Valerie Wallingford, Bemidji State University

• Stanley Ross, Bridgewater State University

• Jack Walker, Texas Tech University

• Howard Stanger, Canisius College

• Tracy Porter, Cleveland State University

• Shirish Grover, College of Business, Ferris State University

• Josh Daspit, University of North Texas

• Robin Hoggins-Blake, Palm Beach State College

• Carlton R. Raines, Lehigh Carbon Community College

• Kees Rietsema, Embry-Riddle Aeronautical University

• Gemmy Allen, North Lake College

• Kim Lukaszewski, SUNY New Paltz

• Eddy Ng, Dalhousie University

• Adib Birkland, The City College of New York

• Allison Pratt, Saddleback College/Brandman University

• Christina Reis, University of New Haven, College of Business

I am grateful to Michael Boezi for bringing me on the FWK author team. His enthusiasm for the FWK model and his vision is inspiring. Jenn Yee’s ability to get me started in the right direction and Melissa Yu’s follow-through,

 

 

lightning-fast e-mail responses, amazingly good judgment, and quiet encouragement is ultimately what created the innovative finished product. I would also like to thank the talented people at FWK whom I don’t know, who quietly work in the background, such as the rendering people, technical people, and others, who I know put a great deal of effort into the final product and are a key component to FWK’s success. Also, thank you to Danielle Loparco for editing my first round of work.

I would like to thank my friends and family, who have supported me through this process. This list is long, but I hope they know who they are. I would like to specifically mention my husband, Alain, for understanding the late nights and long days, and also for being my best friend. My parents, Emanuele and JoAnn, for their constant encouragement and support of me professionally and personally not only today, but always. Lastly, thank you to the professors who adopt this book and support this new model of textbooks, which inevitably supports our students’ educational goals and success.

Acknowledgments xi

 

 

Dedications

I would like to dedicate the book to the students who will be using it. I wish you future career success and hope you never stop learning.

 

 

Preface

Thank you for using Human Resource Management! Whether you are an instructor or student, by using this book you are part of the revolution. As instructors, the ability to customize this book by changing, adding, deleting, and moving text around, we are leveraging technology while making it beneficial (and cheaper!) for our students. If you are a student, I think you will appreciate the conversational style and features designed to make reading the book engaging.

Competing books are focused on the academic part of HRM, which is necessary in a university or college setting. However, the goal with this book is not only to provide the necessary academic background information but also to present the material with a practitioner’s focus on both large and small businesses. While the writing style is clear and focused, we don’t feel jargon and ten-dollar words are necessary to making a good textbook. Clear and concise language makes the book interesting and understandable (not to mention more fun to read) to the future HRM professional and manager alike.

It is highly likely that anyone in business will have to take on an HRM role at some point in their careers. For example, should you decide to start your own business, many of the topics discussed will apply to your business. This is the goal of this book; it is useful enough for the HRM professional, but the information presented is also applicable to managers, supervisors, and entrepreneurs. Besides these differences, other key differences include the following:

• This book utilizes a technology focus and shows how HRM activities can be leveraged using technology.

• We have also included a chapter on communication and information about motivational theories. Since communication is a key component of HRM, it makes sense to include it as a full chapter in this book. Human motivation is one of the cornerstones of HR, which is why we include information on this as well.

• Rather than dividing certain chapters, we have combined some chapters to provide the entire picture of related topics at once. For example, in Chapter 6 “Compensation and Benefits” we discuss both pay and benefits, instead of separating them into two chapters.

• The exercises and cases utilize critical thinking skills and teamwork to help the points come through.

• The Fortune 500 boxes focus on the concepts and how large companies apply these concepts. However, we still focus on small- and medium-sized businesses.

• Practical application is the focus of this book. We want you to be able to read the book and apply the concepts. We feel this approach makes the material much more useful, instead of only academic.

• We use several YouTube videos in each chapter.

• The author introduces each chapter in a video format.

• How Would You Handle This? situations in the book utilize critical-thinking skills to think about ethical situations in HRM. Each situation also includes audio examples on how an HRM professional

 

 

or manager could handle the situation.

These features and pedagogical components make the book easy to read and understand while still maintaining an academic focus.

Organization

The organization of the book is intuitive. The book follows the process HR professionals or managers will go through as they ensure they have the right employees at the right time to make sure the company is productive and profitable.

• In Chapter 1 “The Role of Human Resources”, we discuss the role of human resources in business and why, in a constantly changing world, the HRM function is key to a successful business.

• In Chapter 2 “Developing and Implementing Strategic HRM Plans”, we discuss HR strategic plans and how those plans should be developed. Strategic planning is necessary to tie company objectives with HRM objectives, but it is also important to have a “people plan” and address the ever-changing work environment.

• In Chapter 3 “Diversity and Multiculturalism”, we discuss the diversity aspect of business and why multiculturalism is so important to ensuring a healthy organization.

• In Chapter 4 “Recruitment”, recruitment, the process for getting the most qualified individuals with diverse backgrounds, is the focus. We discuss some of the important laws to consider when hiring people and methods to recruit highly qualified individuals.

• In Chapter 5 “Selection”, we talk about the selection process. Once you have recruited people, you must organize the process that selects the best candidate. This can include interviewing, employment tests, and selecting the criteria by which candidate performance will be measured.

• In Chapter 6 “Compensation and Benefits”, we discuss how you compensate individuals through pay, benefits, vacation time, and other incentives.

• Chapter 7 “Retention and Motivation” discusses the talent management approach—that is, how you can retain the best employees through retention strategies and motivation techniques.

• The training and development aspect of HRM is likely one of the most important aspects of HRM. After you have gone through the time and effort to recruit, select, and compensate the employee, you will need to ensure career growth through continuing training, which is the focus of Chapter 8 “Training and Development”.

• Since communication is a key component to any and all aspects of HRM, we have a detailed discussion on communication and management style. While some of the information may be covered in other classes on topics in which people (such as HRM) are the focus, a review on communication is important. In Chapter 9 “Successful Employee Communication”, we also discuss management styles, since this is an important form of communication, and in fact, many people leave organizations because of their managers.

xiv Human Resource Management

 

 

• Chapter 10 “Managing Employee Performance” discusses some of the possible performance issues and how to handle those performance issues. We also discuss employee discipline and how to handle layoffs.

• Chapter 11 “Employee Assessment” focuses on how to assess performance of the employee. We address performance evaluation systems and methods.

• Most HRM professionals will work with unions, the focus of Chapter 12 “Working with Labor Unions”. The unionization process, how to negotiate union contracts, and history of labor unions are discussed.

• Employee safety and health are necessary to a productive workplace. Chapter 13 “Safety and Health at Work” addresses some of the health and safety issues, such as drug use, carpal tunnel, and other issues relating to keeping employees healthy at work.

• Finally, Chapter 14 “International HRM” looks at the differences between international HRM and domestic HRM. We discuss the recruitment, selection, and retention components of international HRM.

Features

Each chapter contains several staple and innovative features as follows:

• Opening situation: The opening situation is used to show how the chapter topics have real-life applications for HR professionals and managers. The short openings are straightforward and show the practical application of the concepts.

• Learning objectives by section: Instead of a long list of learning objectives at the front of the chapter, we divide the learning objectives by section and offer exercises and key terms for every section in the book. This is a great way to “self-check” and make sure the key concepts are learned before moving to the next section.

• How Would You Handle This? situation: These situations are created to utilize critical-thinking skills that are necessary for strategic HRM. The situations are ethics-based in nature and also include audio that discusses the situation.

• Introduction video: Every chapter includes an introductory video by the author, discussing the importance of the chapter to HRM.

• YouTube videos: Since the book is technology focused, it makes sense to use the free technology available to cement many of the concepts. Each chapter has at least two YouTube videos, with some chapters including up to five or six.

• Figures: There are numerous figures in every chapter. I think you will find they are clear and focused but are not a series of endless graphs and charts of statistics that are interesting but of little value to learning the key strategic concepts in HRM.

• Case study: The case study at the end of every chapter is a good way to make sure students have learned the material. The case presents real-world situations and utilizes HRM knowledge and skills to

Preface xv

 

 

complete. The case studies are often tied to not only the current chapter but also past chapters to ensure continued application of past concepts.

• Team activities: The team activities will sometimes require students to work in small groups but may also involve the entire class. These activities are designed to promote communication, teamwork, and of course, the specific HRM concept, which are all valuable skills in HRM.

xvi Human Resource Management

 

 

Chapter 1: The Role of Human Resources

Human Resource Management Day to Day

You have just been hired to work in the human resource department of a small company. You heard about the job through a conference you attended, put on by the Society for Human Resource Management (SHRM). Previously, the owner of the company, Jennifer, had been doing everything related to human resource management (HRM). You can tell she is a bit critical about paying a good salary for something she was able to juggle all on her own. On your first day, you meet the ten employees and spend several hours with the company owner, hoping to get a handle on which human resource processes are already set up.

Shortly after the meeting begins, you see she has a completely different perspective of what HRM is, and you realize it will be your job to educate her on the value of a human resource manager. You look at it as a personal challenge—both to educate her and also to show her the value of this role in the organization.

First, you tell her that HRM is a strategic process having to do with the staffing, compensation, retention, training, and employment law and policies side of the business. In other words, your job as human resources (HR) manager will be not only to write policy and procedures and to hire people (the administrative role) but also to use strategic plans to ensure the right people are hired and trained for the right job at the right time. For example, you ask her if she knows what the revenue will be in six months, and Jennifer answers, “Of course. We expect it to increase by 20 percent.” You ask, “Have you thought about how many people you will need due to this increase?” Jennifer looks a bit sheepish and says, “No, I guess I haven’t gotten that far.” Then you ask her about the training programs the company offers, the software used to allow employees to access pay information online, and the compensation policies. She responds, “It looks like we have some work to do. I didn’t know that human resources involved all of that.” You smile at her and start discussing some of the specifics of the business, so you can get started right away writing the strategic human resource management plan.

 

 

1.1 What Is Human Resources?

Learning Objectives

1. Explain the role of HRM in organizations.

2. Define and discuss some of the major HRM activities.

Every organization, large or small, uses a variety of capital to make the business work. Capital includes cash, valuables, or goods used to generate income for a business. For example, a retail store uses registers and inventory, while a consulting firm may have proprietary software or buildings. No matter the industry, all companies have one thing in common: they must have people to make their capital work for them. This will be our focus throughout the text: generation of revenue through the use of people’s skills and abilities.

What Is HRM?

Human resource management (HRM) is the process of employing people, training them, compensating them, developing policies relating to them, and developing strategies to retain them. As a field, HRM has undergone many changes over the last twenty years, giving it an even more important role in today’s organizations. In the past, HRM meant processing payroll, sending birthday gifts to employees, arranging company outings, and making sure forms were filled out correctly—in other words, more of an administrative role rather than a strategic role crucial to the success of the organization. Jack Welch, former CEO of General Electric and management guru, sums up the new role of HRM: “Get out of the parties and birthdays and enrollment forms.… Remember, HR is important in good times, HR is defined in hard times” (Frasch, et. al., 2010).

It’s necessary to point out here, at the very beginning of this text, that every manager has some role relating to human resource management. Just because we do not have the title of HR manager doesn’t mean we won’t perform all or at least some of the HRM tasks. For example, most managers deal with compensation, motivation, and retention of employees—making these aspects not only part of HRM but also part of management. As a result, this book is equally important to someone who wants to be an HR manager and to someone who will manage a business.

Human Resource Recall

Have you ever had to work with a human resource department at your job? What was the interaction like? What was the department’s role in that specific organization?

 

 

The Role of HRM

Keep in mind that many functions of HRM are also tasks other department managers perform, which is what makes this information important, despite the career path taken. Most experts agree on seven main roles that HRM plays in organizations. These are described in the following sections.

Staffing

You need people to perform tasks and get work done in the organization. Even with the most sophisticated machines, humans are still needed. Because of this, one of the major tasks in HRM is staffing. Staffing involves the entire hiring process from posting a job to negotiating a salary package. Within the staffing function, there are four main steps:

1. Development of a staffing plan. This plan allows HRM to see how many people they should hire based on revenue expectations.

2. Development of policies to encourage multiculturalism at work. Multiculturalism in the workplace is becoming more and more important, as we have many more people from a variety of backgrounds in the workforce.

3. Recruitment. This involves finding people to fill the open positions.

4. Selection. In this stage, people will be interviewed and selected, and a proper compensation package will be negotiated. This step is followed by training, retention, and motivation.

Development of Workplace Policies

Every organization has policies to ensure fairness and continuity within the organization. One of the jobs of HRM is to develop the verbiage surrounding these policies. In the development of policies, HRM, management, and executives are involved in the process. For example, the HRM professional will likely recognize the need for a policy or a change of policy, seek opinions on the policy, write the policy, and then communicate that policy to employees. It is key to note here that HR departments do not and cannot work alone. Everything they do needs to involve all other departments in the organization. Some examples of workplace policies might be the following:

• Discipline process policy

• Vacation time policy

• Dress code

• Ethics policy

• Internet usage policy

1.1 What Is Human Resources? 3

 

 

These topics are addressed further in Chapter 6 “Compensation and Benefits”, Chapter 7 “Retention and Motivation”, Chapter 8 “Training and Development”, and Chapter 9 “Successful Employee Communication”.

Compensation and Benefits Administration

HRM professionals need to determine that compensation is fair, meets industry standards, and is high enough to entice people to work for the organization. Compensation includes anything the employee receives for his or her work. In addition, HRM professionals need to make sure the pay is comparable to what other people performing similar jobs are being paid. This involves setting up pay systems that take into consideration the number of years with the organization, years of experience, education, and similar aspects. Examples of employee compensation include the following:

• Pay

• Health benefits

• 401(k) (retirement plans)

• Stock purchase plans

• Vacation time

• Sick leave

• Bonuses

• Tuition reimbursement

Since this is not an exhaustive list, compensation is discussed further in Chapter 6 “Compensation and Benefits”.

Retention

Retention involves keeping and motivating employees to stay with the organization. Compensation is a major factor in employee retention, but there are other factors as well. Ninety percent of employees leave a company for the following reasons:

1. Issues around the job they are performing

2. Challenges with their manager

3. Poor fit with organizational culture

4. Poor workplace environment

Despite this, 90 percent of managers think employees leave as a result of pay (Rivenbark, 2010). As a result, managers often try to change their compensation packages to keep people from leaving, when compensation isn’t the reason they are leaving at all. Chapter 7 “Retention and Motivation” and Chapter 11 “Employee Assessment” discuss some strategies to retain the best employees based on these four factors.

4 Human Resource Management

 

 

Training and Development

Once we have spent the time to hire new employees, we want to make sure they not only are trained to do the job but also continue to grow and develop new skills in their job. This results in higher productivity for the organization. Training is also a key component in employee motivation. Employees who feel they are developing their skills tend to be happier in their jobs, which results in increased employee retention. Examples of training programs might include the following:

• Job skills training, such as how to run a particular computer program

• Training on communication

• Team-building activities

• Policy and legal training, such as sexual harassment training and ethics training

We address each of these types of training and more in detail in Chapter 8 “Training and Development”.

Dealing with Laws Affecting Employment

Human resource people must be aware of all the laws that affect the workplace. An HRM professional might work with some of these laws:

• Discrimination laws

• Health-care requirements

• Compensation requirements such as the minimum wage

• Worker safety laws

• Labor laws

The legal environment of HRM is always changing, so HRM must always be aware of changes taking place and then communicate those changes to the entire management organization. Rather than presenting a chapter focused on HRM laws, we will address these laws in each relevant chapter.

Worker Protection

Safety is a major consideration in all organizations. Oftentimes new laws are created with the goal of setting federal or state standards to ensure worker safety. Unions and union contracts can also impact the requirements for worker safety in a workplace. It is up to the human resource manager to be aware of worker protection requirements and ensure the workplace is meeting both federal and union standards. Worker protection issues might include the following:

• Chemical hazards

1.1 What Is Human Resources? 5

 

 

• Heating and ventilation requirements

• Use of “no fragrance” zones

• Protection of private employee information

We take a closer look at these issues in Chapter 12 “Working with Labor Unions” and Chapter 13 “Safety and Health at Work”.

Figure 1.1

Caption: Knowing the law regarding worker protection is generally the job of human resources. In some industries it is extremely

important; in fact, it can mean life or death.

ReSurge International – Tom Davenport Operating On A Patient – CC BY-NC-ND 2.0.

Communication

Besides these major roles, good communication skills and excellent management skills are key to successful human resource management as well as general management. We discuss these issues in Chapter 9 “Successful Employee Communication”.

Awareness of External Factors

In addition to managing internal factors, the HR manager needs to consider the outside forces at play that may

6 Human Resource Management

 

 

affect the organization. Outside forces, or external factors, are those things the company has no direct control over; however, they may be things that could positively or negatively impact human resources. External factors might include the following:

1. Globalization and offshoring

2. Changes to employment law

3. Health-care costs

4. Employee expectations

5. Diversity of the workforce

6. Changing demographics of the workforce

7. A more highly educated workforce

8. Layoffs and downsizing

9. Technology used, such as HR databases

10. Increased use of social networking to distribute information to employees

For example, the recent trend in flexible work schedules (allowing employees to set their own schedules) and telecommuting (allowing employees to work from home or a remote location for a specified period of time, such as one day per week) are external factors that have affected HR. HRM has to be aware of these outside issues, so they can develop policies that meet not only the needs of the company but also the needs of the individuals. Another example is the Patient Protection and Affordable Care Act, signed into law in 2010. Compliance with this bill has huge implications for HR. For example, a company with more than fifty employees must provide health-care coverage or pay a penalty. Currently, it is estimated that 60 percent of employers offer health-care insurance to their employees (Cappelli, 2010). Because health-care insurance will be mandatory, cost concerns as well as using health benefits as a recruitment strategy are big external challenges. Any manager operating without considering outside forces will likely alienate employees, resulting in unmotivated, unhappy workers. Not understanding the external factors can also mean breaking the law, which has a concerning set of implications as well.

Figure 1.2

1.1 What Is Human Resources? 7

 

 

An understanding of key external factors is important to the successful HR professional. This allows him or her to be able to make

strategic decisions based on changes in the external environment. To develop this understanding, reading various publications is

necessary.

One way managers can be aware of the outside forces is to attend conferences and read various articles on the web. For example, the website of the Society for Human Resource Management, SHRM Online1, not only has job postings in the field but discusses many contemporary human resource issues that may help the manager make better decisions when it comes to people management. In Section 1.3 “Today’s HRM Challenges”, we go into more depth about some recent external issues that are affecting human resource management roles. In Section 1.1.2 “The Role of HRM”, we discuss some of the skills needed to be successful in HRM.

Figure 1.3

8 Human Resource Management

 

 

Most professionals agree that there are seven main tasks HRM professionals perform. All these need to be considered in relation to

external and outside forces.

Key Takeaways

• Capital includes all resources a company uses to generate revenue. Human resources or the people working in the organization are the most important resource.

• Human resource management is the process of employing people, training them, compensating them, developing policies relating to the workplace, and developing strategies to retain employees.

• There are seven main responsibilities of HRM managers: staffing, setting policies, compensation and benefits, retention, training, employment laws, and worker protection. In this book, each of these major areas will be included in a chapter or two.

• In addition to being concerned with the seven internal aspects, HRM managers must keep up to date with changes in the external environment that may impact their employees. The trends toward flexible schedules and telecommuting are examples of external aspects.

• To effectively understand how the external forces might affect human resources, it is important for the HR manager to read the HR literature, attend conferences, and utilize other ways to stay up to date with new laws, trends, and policies.

1.1 What Is Human Resources? 9

 

 

Exercises

1. State arguments for and against the following statement: there are other things more valuable in an organization besides the people who work there.

2. Of the seven tasks an HR manager does, which do you think is the most challenging? Why?

1Society for Human Resource Management, accessed August 18, 2011, http://www.shrm.org/Pages/default.aspx.

References

Cappelli, P., “HR Implications of Healthcare Reform,” Human Resource Executive Online, March 29, 2010, accessed August 18, 2011, http://www.hreonline.com/HRE/story.jsp?storyId=379096509.

Frasch, K. B., David Shadovitz, and Jared Shelly, “There’s No Whining in HR,” Human Resource Executive Online, June 30, 2009, accessed September 24, 2010, http://www.hreonline.com/HRE/ story.jsp?storyId=227738167.

Rivenbark, L., “The 7 Hidden Reasons Why Employees Leave,” HR Magazine, May 2005, accessed October 10, 2010, http://findarticles.com/p/articles/mi_m3495/is_5_50/ai_n13721406.

10 Human Resource Management

 

 

1.2 Skills Needed for HRM

Learning Objectives

1. Explain the professional and personal skills needed to be successful in HRM.

2. Be able to define human resource management and the certifications that can be achieved in this profession.

One of the major factors of a successful manager or human resource (HR) manager is an array of skills to deal with a variety of situations. It simply isn’t enough to have knowledge of HR, such as knowing which forms need to be filled out. It takes multiple skills to create and manage people, as well as a cutting-edge human resource department.

The first skill needed is organization. The need for this skill makes sense, given that you are managing people’s pay, benefits, and careers. Having organized files on your computer and good time-management skills are crucial for success in any job, but especially if you take on a role in human resources.

Like most jobs, being able to multitask—that is, work on more than one task at a time—is important in managing human resources. A typical person managing human resources may have to deal with an employee issue one minute, then switch and deal with recruiting. Unlike many management positions, which only focus on one task or one part of the business, human resources focuses on all areas of the business, where multitasking is a must.

As trite as it may sound, people skills are necessary in any type of management and perhaps might be the most important skills for achieving success at any job. Being able to manage a variety of personalities, deal with conflict, and coach others are all in the realm of people management. The ability to communicate goes along with people skills. The ability to communicate good news (hiring a new employee), bad news (layoffs), and everything in between, such as changes to policy, makes for an excellent manager and human resource management (HRM) professional.

Keys to a successful career in HRM or management include understanding specific job areas, such as managing the employee database, understanding employment laws, and knowing how to write and develop a strategic plan that aligns with the business. All these skills will be discussed in this book.

A strategic mind-set as an HR professional is a key skill as well. A person with a strategic mind-set can plan far in advance and look at trends that could affect the environment in which the business is operating. Too often, managers focus on their own area and not enough on the business as a whole. The strategic HR professional is able to not only work within his or her area but also understand how HR fits into the bigger picture of the business.

Ethics and a sense of fairness are also necessary in human resources. Ethics is a concept that examines the moral rights and wrongs of a certain situation. Consider the fact that many HR managers negotiate salary and union contracts and manage conflict. In addition, HR managers have the task of ensuring compliance with ethics

 

 

standards within the organization. Many HR managers are required to work with highly confidential information, such as salary information, so a sense of ethics when managing this information is essential. We discuss ethics from the organizational perspective in Section 1.1.2 “The Role of HRM”.

Dilbert and the Evil HR Director

” href=”http://www.youtube.com/watch?v=sCKOpJQI6Iw” class=”replaced-iframe”>(click to see video)

Ethics is perhaps one of the most important aspects to being a great HR professional. This humorous video shows how unethical behavior can undermine motivation at work.

Human Resource Recall

Think of your current skills. Are there personal or professional skills you would like to work on?

Finally, while we can list a few skills that are important, understanding the particular business, knowing the business strategy, and being able to think critically about how HR can align itself with the strategy are ways to ensure HR departments are critical parts of the business. HR is a specialized area, much like accounting or finance. However, many individuals are placed in HR roles without having the specific knowledge to do the job. Oftentimes people with excellent skills are promoted to management and then expected (if the company is small) to perform recruiting, hiring, and compensation tasks. This is the reason we will refer to management and HR management interchangeably throughout the chapters. In addition, these skills are important for HRM professionals and managers alike.

Having said that, for those of you wanting a career in HRM, there are three exams you can take to show your mastery of HRM material:

1. Professional in Human Resources (PHR). To take this exam, an HR professional must have at least two years’ experience. The exam is four hours long and consists of 225 multiple-choice questions in a variety of areas. Twelve percent of the test focuses on strategic management, 26 percent on workforce planning, 17 percent on human resource development, 16 percent on rewards, 22 percent on employee and labor relations, and 7 percent on risk management. The application process for taking the exam is given on the Human Resource Certification Institute website at http://www.hrci.org.

2. Senior Professional in Human Resources (SPHR). This exam is designed for HR professionals who focus on designing and planning, rather than actual implementation. It is recommended that the person taking this exam has six to eight years of experience and oversees and manages an HR department. In this test, the greater focus is on the strategic aspect of HRM.

3. Global Professional in Human Resources (GPHR). This exam is for HR professionals who perform many of their tasks on a global level and whose companies often work across borders. This exam is three hours long, with 165 multiple-choice questions. A person with two years of professional experience can take the certification test. However, because the test has the international aspect, someone who designs HR-related programs and processes to achieve business goals would be best

12 Human Resource Management

 

 

suited to earn this certification.

The benefits of achieving certifications are great. In addition to demonstrating the abilities of the HR professional, certification allows the professional to be more marketable in a very competitive field.

Figure 1.4

Caption: Perhaps one of the most important skills in any kind of management is the ability to communicate.

Baltic Development Forum – Kristovskis-meeting-41.jpg – CC BY 2.0.

Most companies need a human resource department or a manager with HR skills. The industries and job titles are so varied that it is possible only to list general job titles in human resources:

1. Recruiter

2. Compensation analyst

3. Human resources assistant

4. Employee relations manager

5. Benefits manager

6. Work-life coordinator

7. Training and development manager

8. Human resources manager

9. Vice president for human resources

1.2 Skills Needed for HRM 13

 

 

This is not an exhaustive list, but it can be a starting point for research on this career path.

People Skills in HR

” href=”http://www.youtube.com/watch?v=L1Jfo0Iym94″ class=”replaced-iframe”>(click to see video)

This chapter makes the point that communication and people skills, or “soft skills,” are necessary to be successful in any job. This video addresses the importance of these skills.

Key Takeaways

• There are a number of skills crucial to human resource management. First, being able to organize and multitask is necessary. In this job, files must be managed, and an HR manager is constantly working in different areas of the business.

• Communication skills are necessary in HRM as well. The ability to present good and bad news, work with a variety of personalities, and coach employees is important in HRM.

• Specific job skills, such as computer skills, knowledge of employment law, writing and developing strategic plans, and general critical-thinking skills are important in any type of management, but especially in human resource management.

• A sense of fairness and strong ethics will make for the best HR manager. Because HR works with a variety of departments to manage conflict and negotiate union contracts and salary, the HR professional needs ethics skills and the ability to maintain confidentiality.

• Since one of the major responsibilities of an HR department is to align the HR strategic plan with the business strategic plan, critical and creative thinking, as well as writing, are skills that will benefit the HR manager as well.

• Many people find themselves in the role of HR manager, so we will use the term HR manager throughout this book. However, many other types of managers also perform the tasks of recruiting, selecting, and compensating, making this book and the skills listed in this section applicable to all majors.

• Certification exams can be taken to make you more marketable in the field of HRM. These certifications are offered by the HR Certification Institute (HRCI).

Exercise

1. What are your perceptions of what an HR manager does on a day-to-day basis? Research this job title and describe your findings. Is this the type of job you expected?

14 Human Resource Management

 

 

1.3 Today’s HRM Challenges

If you were to ask most business owners what their biggest challenges are, they will likely tell you that cost management is a major factor to the success or failure of their business. In most businesses today, the people part of the business is the most likely place for cuts when the economy isn’t doing well.

Consider the expenses that involve the people part of any business:

1. Health-care benefits

2. Training costs

3. Hiring process costs

4. And many more…

These costs cut into the bottom line of any business. The trick is to figure out how much, how many, or how often benefits should be offered, without sacrificing employee motivation. A company can cut costs by not offering benefits or 401(k) plans, but if its goal is to hire the best people, a hiring package without these items will most certainly not get the best people. Containment of costs, therefore, is a balancing act. An HR manager must offer as much as he or she can to attract and retain employees, but not offer too much, as this can put pressure on the company’s bottom line. We will discuss ways to alleviate this concern throughout this book.

For example, there are three ways to cut costs associated with health care:

1. Shift more of the cost of health care to employees

2. Reduce the benefits offered to cut costs

3. Change or better negotiate the plan to reduce health-care costs

Health care costs companies approximately $4,003 per year for a single employee and $9,764 for families. This equals roughly 83 percent and 73 percent of total health-care costs for single employees and employees with families1, respectively. One possible strategy for containment for health-care plans is to implement a cafeteria plan. Cafeteria plans started becoming popular in the 1980s and have become standard in many organizations (Allen, 2010). This type of plan gives all employees a minimum level of benefits and a set amount to spend on flexible benefits, such as additional health care or vacation time. It creates more flexible benefits, allowing the employee, based on his or her family situation, to choose which benefits are right for them. For example, a mother of two may choose to spend her flexible benefits on health care for her children, while a single, childless female may opt for more vacation days. In other words, these plans offer flexibility, while saving money, too. Cost containment strategies around benefits will be discussed in Chapter 6 “Compensation and Benefits”.

Another way to contain costs is by offering training. While this may seem counterintuitive, as training does cost money up front, it can actually save money in the long run. Consider how expensive a sexual harassment lawsuit or wrongful termination lawsuit might be. For example, a Sonic Drive-In was investigated by the Equal Opportunity Employment Commission (EEOC) on behalf of seventy women who worked there, and it was found

 

 

that a manager at one of the stores subjected the victims to inappropriate touching and comments. This lawsuit cost the organization $2 million2. Some simple training up front (costing less than the lawsuit) likely would have prevented this from happening. Training employees and management on how to work within the law, thereby reducing legal exposure, is a great way for HR to cut costs for the organization as a whole. In Chapter 8 “Training and Development”, we will further discuss how to organize, set up, and measure the success of a training program.

The hiring process and the cost of turnover in an organization can be very expensive. Turnover refers to the number of employees who leave a company in a particular period of time. By creating a recruiting and selection process with cost containment in mind, HR can contribute directly to cost-containment strategies company wide. In fact, the cost of hiring an employee or replacing an old one (turnover) can be as high as $9,777 for a position that pays $60,000 (Del Monte, 2010). By hiring smart the first time, HR managers can contain costs for their organization. This will be discussed in Chapter 4 “Recruitment” and Chapter 5 “Selection”. Reducing turnover includes employee motivational strategies. This will be addressed in Chapter 7 “Retention and Motivation”.

In a survey reported on by the Sales and Marketing Management newsletter3, 85 percent of managers say that ineffective communication is the cause of lost revenue. E-mail, instant messaging, text messages, and meetings are all examples of communication in business. An understanding of communication styles, personality styles, and channels of communication can help us be more effective in our communications, resulting in cost containment. In HRM, we can help ensure our people have the tools to communicate better, and contain costs and save dollars in doing so. Some of these tools for better communication will be addressed in Chapter 9 “Successful Employee Communication”.

One cost-containment strategy for US businesses has been offshoring. Offshoring refers to the movement of jobs overseas to contain costs. It is estimated that 3.3 million US jobs will be moved overseas by 2015 (Agrawal & Farrell, 2003). According to the US Census Bureau, most of these jobs are Information Technology (IT) jobs as well as manufacturing jobs. This issue is unique to HR, as the responsibility for developing training for new workers and laying off domestic workers will often fall under the realm of HRM. Offshoring will be discussed in Chapter 14 “International HRM”, and training for new workers will be discussed in Chapter 8 “Training and Development”.

Figure 1.5

16 Human Resource Management

 

 

Caption: One of the biggest contemporary challenges in HRM is figuring out the balance between what benefits to offer versus the

impact those benefits have on employee motivation.

winnifredxoxo – balance scale – CC BY 2.0.

Of course, cost containment isn’t only up to HRM and managers, but as organizations look at various ways to contain costs, human resources can certainly provide solutions.

Technology

Technology has greatly impacted human resources and will continue to do so as new technology is developed. Through use of technology, many companies have virtual workforces that perform tasks from nearly all corners of the world. When employees are not located just down the hall, management of these human resources creates some unique challenges. For example, technology creates an even greater need to have multicultural or diversity understanding. Since many people will work with individuals from across the globe, cultural sensitivity and understanding is the only way to ensure the use of technology results in increased productivity rather than decreased productivity due to miscommunications. Chapter 3 “Diversity and Multiculturalism” and Chapter 14 “International HRM” will discuss some specific diversity issues surrounding a global workforce.

Technology also creates a workforce that expects to be mobile. Because of the ability to work from home or anywhere else, many employees may request and even demand a flexible schedule to meet their own family and personal needs. Productivity can be a concern for all managers in the area of flextime, and another challenge is the fairness to other workers when one person is offered a flexible schedule. Chapter 6 “Compensation and Benefits” and Chapter 7 “Retention and Motivation” will discuss flextime as a way to reward employees. Many companies,

1.3 Today’s HRM Challenges 17

 

 

however, are going a step further and creating virtual organizations, which don’t have a physical location (cost containment) and allow all employees to work from home or the location of their choice. As you can imagine, this creates concerns over productivity and communication within the organization.

The use of smartphones and social networking has impacted human resources, as many companies now disseminate information to employees via these methods. Of course, technology changes constantly, so the methods used today will likely be different one year or even six months from now.

The large variety of databases available to perform HR tasks is mind boggling. For example, databases are used to track employee data, compensation, and training. There are also databases available to track the recruiting and hiring processes. We will discuss more about technology in HR in Chapter 4 “Recruitment” through Chapter 8 “Training and Development”.

Of course, the major challenge with technology is its constantly changing nature, which can impact all practices in HRM.

How Would You Handle This?

Too Many Friends

You are the HR manager for a small company, consisting of twenty-three people plus the two owners, Steve and Corey. Every time you go into Steve’s office, you see he is on Facebook. Because he is Facebook friends with several people in the organization, you have also heard he constantly updates his status and uploads pictures during work time. Then, at meetings, Steve will ask employees if they saw the pictures he recently uploaded from his vacation, weekend, or backpacking trip. One employee, Sam, comes to you with a concern about this. “I am just trying to do my job, but I feel if I don’t look at his photos, he may not think I am a good employee,” she says. How would you handle this?

Cyberloafing, a term used to describe lost productivity as a result of an employee using a work computer for personal reasons, is another concern created by technology. One study performed by Nucleus Research found that the average worker uses Facebook for fifteen minutes per day, which results in an average loss of 1.5 percent of productivity4. Some workers, in fact, use Facebook over two hours per day during working hours. Restricting or blocking access to the Internet, however, can result in angry employees and impact motivation at work. Motivational factors will be discussed in Chapter 7 “Retention and Motivation”.

Technology can create additional stress for workers. Increased job demands, constant change, constant e-mailing and texting, and the physical aspects of sitting in front of a computer can be not only stressful but also physically harmful to employees. Chapter 13 “Safety and Health at Work” will deal with some of these stress issues, as well as safety issues such as carpal tunnel, which can occur as a result of technology in the workplace. More on health and safety will be covered in Chapter 10 “Managing Employee Performance”.

18 Human Resource Management

 

 

The Economy

Tough economic times in a country usually results in tough times for business, too. High unemployment and layoffs are clearly HRM and managerial issues. If a human resource manager works for a unionized company, union contracts are the guiding source when having to downsize owing to a tough economy. We will discuss union contracts in greater detail in Chapter 12 “Working with Labor Unions”. Besides union restrictions, legal restrictions on who is let go and the process followed to let someone go should be on the forefront of any manager’s mind when he or she is required to lay off people because of a poor economy. Dealing with performance issues and measuring performance can be considerations when it is necessary to lay off employees. These issues will be discussed in Chapter 10 “Managing Employee Performance” and Chapter 11 “Employee Assessment”.

Likewise, in a growth economy, the HR manager may experience a different kind of stress. Massive hiring to meet demand might occur if the economy is doing well. For example, McDonald’s restaurants had to fill six hundred positions throughout Las Vegas and held hiring day events in 20105. Imagine the process of hiring this many people in a short period of time The same recruiting and selection processes used under normal circumstances will be helpful in mass hiring situations. Recruiting and selection will be discussed in Chapter 4 “Recruitment” and Chapter 5 “Selection”.

The Changing and Diverse Workforce

Human resources should be aware that the workforce is constantly changing. For example, in the 2010 census, the national population was 308,745,538, with 99,531,000 in 2010 working full time, down from 2008 when 106,648,000 were working full time6. For full-time workers, the average weekly salary was higher the more educated the worker. See Figure 1.6 for details.

Figure 1.6

The average weekly earnings for workers in the United States increase with more education.

1.3 Today’s HRM Challenges 19

 

 

Source: Data from US Bureau of Labor Statistics, “Usual Weekly Earnings of Wage and Salary Workers,” Table 5, Economic News

Release, July 20, 2010, accessed August 19, 2011, http://www.bls.gov/opub/ted/2010/ted_20100726_data.htm.

Fortune 500 Focus

Multigenerational is here to stay, and Xerox is the leader in recruiting of Generation Y talent. This age group has been moving into the labor market over the last six years, and this major demographic change, along with the retirement of baby boomers, has many companies thinking. Fortune 500 companies know they must find out where their new stars are coming from. In recruiting this new talent, Xerox isn’t looking to old methods, because they know each generation is different. For example, Xerox developed the “Express Yourself” recruiting campaign, which is geared around a core value of this generation, to develop solutions and change. Joe Hammill, the director of talent acquisition, says, “Gen Y is very important. Xerox and other companies view this emerging workforce as the future of our organization” (Armour, 2005). Besides the new recruiting campaign, recruiters are working at what they term “core colleges”—that is, those that produce the kind of talent they need. For example, they developed recruitment campaigns with specific institutions such as the Rochester Institute of Technology because of its strong engineering and printing science programs. On their company website, they have a specific tab for the recent college graduate, emphasizing core values of this generation, including the ability to contribute, support, and build skills. With its understanding of multicultural generations, Xerox has created a talent pool for years to come.

It is expected that over the next ten years, over 40 percent of the workforce will retire, and there will not be enough younger workers to take the jobs once held by the retiring workforce (Fernandez, 2007). In fact, the American Society of Training and Development says that in the next twenty years, seventy-six million Americans will retire, and only forty-six million will replace them. As you can imagine, this will create a unique staffing obstacle for human resources and managers alike, as they try to find talented people in a pool that doesn’t have enough people to perform necessary jobs. The reason for this increase in retirement is the aging baby boomers. Baby boomers can be defined as those born between the years 1946 and 1964, according to the Census Bureau. They are called the baby boomers because there was a large increase of babies born after soldiers came back from World War II. Baby boomers account for seventy-six million people in the United States in 2011, the same year in which the first of the baby boomers have started to retire.

The impact of the baby boomer generation on our country and on human resource management is huge. First, the retirement of baby boomers results in a loss of a major part of the working population, and there are not enough people to fill those jobs that are left vacant. Second, the baby boomers’ knowledge is lost upon their retirement. Much of this knowledge isn’t formalized or written down, but it contributes to the success of business. Third, elderly people are living longer, and this results in higher health-care costs for all currently in the workforce. It is estimated that three out of five baby boomers do not have enough money saved for retirement (Weisenthal, 2010), meaning that many of them will depend on Social Security payments to meet basic needs. However, since the Social Security system is a pay-as-you-go system (i.e., those paying into the system now are paying for current retirees), there may not be enough current workers to cover the current Social Security needs. In fact, in 1950 there were 16 workers to support each Social Security beneficiary, but today there are only 3.3 workers supporting each beneficiary (Wenning, 2010). The implications can mean that more will be paid by current workers to support retirees.

As a result of the aging workforce, human resources should keep abreast of changes in Social Security legislation and health-care costs, which will be discussed in Chapter 6 “Compensation and Benefits”. In addition, human

20 Human Resource Management

 

 

resource managers should review current workers’ skill levels and monitor retirements and skills lost upon those retirements, which is part of strategic planning. This will be discussed in Chapter 2 “Developing and Implementing Strategic HRM Plans”. Having knowledge about current workers and skills, as well as predicting future workforce needs, will be necessary to deal with the challenges of an aging workforce.

Figure 1.7

Developing an HR strategy around retirement of workers is a key factor in working with a multigenerational workforce. In addition,

HR must understand the various psychologies of varying ages of workers and develop benefits and compensation that meet the needs

of all generations.

Christopher Schwarzkopf – Wikimedia Diversity Conference 2013 – CC BY-SA 3.0.

Human Resource Recall

Have you ever worked in a multigenerational organization? What were some of the challenges in working with people who may have grown up in a different era?

Another challenge, besides lack of workers, is the multigenerational workforce. Employees between the ages of seventeen and sixty-eight have different values and different expectations of their jobs. Any manager who tries to manage these workers from varying generations will likely have some challenges. Even compensation preferences are different among generations. For example, the traditional baby boomer built a career during a time of pensions and strongly held values of longevity and loyalty to a company. Compare the benefit needs of this person to someone who is younger and expects to save through a 401(k) plan, and it is clear that the needs and expectations are different(Capezza, 2010). Throughout this book, we will discuss compensation and motivational strategies for the multigenerational workforce

 
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Provide An Example Of How You Think Hallmark Might Use Their Staffing Index To Evaluate Hiring Quality Or To Help Hire Better Employees In The Future. How Does Understanding Employee Performance Enhance The Selection Process?

A Review of Two Companies
Strategic Staffing can focus on improving the quality of the individuals who apply for work, as well as those individuals who are actually hired into the organization. It can also focus on improving the selection process itself by streamlining the various activities involved in proper hiring.

Hallmark Cards recently developed a recruiting metric called a “staffing index.” This enables management to track how well newly hired employees are performing on the job. Evaluations are conducted over time, and scores are compared to learn more about the quality of past hiring decisions – and plan for future ones.

United Health Group decided to modify hiring procedures within the organization by splitting job candidates into two groups. One group is high-level professionals who are recruited by internal staffing specialists, while the second group is staff and line employees who are acquired through outsourced recruitment. This “two-pronged” strategy enables the company to save money through increased control and efficiency.

Provide an example of how you think Hallmark might use their staffing index to evaluate hiring quality or to help hire better employees in the future. How does understanding employee performance enhance the selection process?

 
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HR 230-8 Assignment 2

EEOC v. Target Corp.

2006 U.S. App. LEXIS 21483 (7th Cir.)

OPINION BY CIRCUIT JUDGE CUDAHY:

* * * The EEOC charged that Target violated Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants for managerial positions. The EEOC also alleged that Target violated the Act when it failed to make and preserve records relevant to the determination whether unlawful employment practices had been, or were being, committed. * * * [T]he district court … dismissed the action. The EEOC now appeals. We reverse and remand for further proceedings.

Target Corporation is headquartered in Minneapolis, Minnesota. One of its retail divisions is Target, a discount chain of more than 1,100 stores nationwide. * * * This case involves District 110 [which] is made up of … stores in the Madison, Milwaukee, and Waukesha, Wisconsin metropolitan areas. Each district is managed by a District Team Leader, and each store is managed by a Store Team Leader (STL), who is assisted by Executive Team Leaders (ETLs). Each ETL is responsible for a different area of store operation. * * *

This case involves a group of individuals who claim that they were not hired in Target’s ETL hiring process because of their race. * * * The claims of Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley involve their contact with STL Matthew Armiger. Before February of 2001, District 110 had a district recruiter. When the district recruiter position was eliminated, STL Richard Walters, who was temporarily assigned recruiting duties, asked fellow STL Armiger for help with those duties. At that time, Armiger was managing a newly-opened and short-staffed Target store in New Berlin, Wisconsin. Walters and Armiger initially shared the recruiting duties equally, but later Armiger’s duties were scaled back. Armiger testified that he believed his recruiting duties were secondary to his management of the store.

1. Kalisha White

Kalisha White, an African-American who attended Marquette University, emailed Target her resume for an ETL position on February 20, 2001, while she was still a student at Marquette. White’s resume indicated that she was a member of Alpha Kappa Alpha, an African-American sorority. Armiger e-mailed White and asked her to call to set up an interview. White called at least twice, but each time she spoke with Armiger he said he was too busy to schedule an interview.

White became suspicious of Armiger and decided to conduct an experiment to determine if he had discriminated against her because of her race. Thus, on May 9, 2001, she submitted a resume to Armiger under a fictitious name, “Sarah Brucker.” White used her own telephone number, and gave Brucker a Brookfield, Wisconsin, address. She believed the address was located in a predominantly Caucasian neighborhood. Armiger testified that White had a stronger resume than Brucker because White was pursuing an MBA degree, while Brucker was not. On May 10, 2001, Armiger emailed and called Brucker, asking her to return his call. White had a Caucasian acquaintance call Armiger and pretend to be Sarah Brucker. Armiger scheduled an interview with Brucker during their conversation. White testified that she called Armiger soon after Brucker’s conversation with him, but he said that he was too busy to schedule an interview with her.

2. Ralpheal Edgeston

Ralpheal Edgeston received an email from Armiger on March 2, 2001, in which Armiger asked her to call and schedule an interview. Edgeston, an African-American student at Marquette University, had submitted her resume to Target for an ETL position at a multicultural job fair held at the University of Wisconsin–Milwaukee in the previous month. Edgeston’s resume indicated that one of her college majors was African-American studies and, like Kalisha White’s resume, that she was a member of the Alpha Kappa Alpha sorority, which Armiger testified to knowing was an African-American sorority. Additionally, her resume listed that she was a member of the National Association for the Advancement of Colored People (NAACP). Edgeston called Armiger and scheduled a phone interview for March 4, 2001; however, Armiger did not call Edgeston at the appointed time and did not return her calls after that date. Target never scheduled another interview with Edgeston.

3. Cherise Brown-Easley

Class member Cherise Brown-Easley, an African-American, also submitted her resume to Target at the University of Wisconsin–Milwaukee multicultural job fair in February 2001. Brown-Easley’s resume indicated that she was a member of the “Metropolitan Alliance of Black School Educators.” Brown-Easley received an email from Armiger requesting that she call Armiger to schedule an interview. She called Armiger and scheduled an interview for March 4, 2001. Armiger did not contact Brown-Easley at the appointed time. Instead, Brown-Easley called Armiger a half hour after the interview time, and after being informed that he had left for the day, she left a message for him. The following day, she left another message for Armiger, but she never heard back from him.

During the week that Armiger failed to contact Edgeston and Brown-Easley, he was scheduled to interview nine ETL applicants. In addition to Edgeston and Brown-Easley, Armiger also failed to contact two Caucasian applicants. However, Target later interviewed at least one of the two Caucasian applicants, but Edgeston and Brown-Easley were never interviewed. Armiger testified that he did not know the race of White, Edgeston, or Brown-Easley during the recruiting process. Armiger could not recall reviewing White or Brown-Easley’s resumes. He also claimed he did not study Edgeston’s resume closely enough to determine her race.

D. Target’s Record Retention

Also at issue in this appeal is Target’s practice of employment record retention. * * * Armiger admitted to throwing out the resumes of applicants he deemed unqualified, including those of White, Edgeston and Brown-Easley, rather than retaining them as required by law and by Target’s document retention policy. Armiger claims he threw out the resumes to protect the applicants’ privacy.

In an effort to comply with the EEOC’s document retention requirement, Target currently uses Brass Ring, a nationwide employment recruitment website, to store applicant documents, including: copies of applicants’ resumes, applicants’ … test results and completed … interview forms. Target recruiters who receive the resumes submit them to Brass Ring and make copies of the resumes of the candidates they plan to interview. * * * Target also has several policies to ensure that job applications and related documents are retained for the required time. Target uses its corporate intranet and email messages to share its record retention policies with STLs. The human resource managers meet biannually to audit each Target store, to conduct training and to remind employees of the record retention policy. The human resource managers instruct on-campus recruiters to retain all resumes, applications and interview guides and notes, and to route the documents to the national headquarters. Finally, the ETL for Team Relations is responsible for ensuring that the record keeping policy is being followed at each Target store.

The success of Target’s record retention program through Brass Ring has been disputed. There is some indication that all employees are not following the program. As discussed above, STL Armiger threw out resumes that he should have retained. Additionally, … [an] administrative assistant testified in June of 2003 that she does not send applicant documents to Brass Ring, but instead she retains them herself for the required time. * * * While Target’s policy does not include a provision to ensure that relevant documents are retained from the time a discrimination charge is filed until that case is fully concluded, Target claims to address this requirement on a case by case basis, notifying employees to retain documents when a charge arises. * * *

A. Record Retention

Under Title VII, employers are required to “make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed.” The EEOC’s record keeping regulations require that employers retain applications and other documents related to hiring for one year. Additionally, if a charge of discrimination has been filed, an employer is required to retain all relevant personnel records until the final disposition of the charge. * * *

While we agree that Target has put forth evidence that it has revised its record retention policies in an effort to comply with Title VII, we do not agree that such changes ensure “on [their] face” that Target will not commit further violations. The reforms chosen do not address the particular problems that allowed violations to occur. Individual recruiters and administrative personnel destroyed records that were supposed to be retained because they did not know that they must retain them. * * *

Nothing in Target’s new record keeping policy clearly prevents bad faith destruction of resumes or other employment application documents. Target’s new policy involves reiterating its procedures for retaining documents to its store managers and recruiters and outsourcing the physical storage of employment documents. Similar to Target’s document retention polices prior to 2001, Target depends greatly on the diligence of the company’s recruiters and its managerial personnel to ensure that resumes, applications and interview guides are retained because these personnel must forward the original documents to Brass Ring. Target has not claimed that it has adopted a system of penalties for failure to forward documents or in any other way provided new incentives to ensure compliance with the EEOC’s record keeping requirements.

Because these genuine issues of fact bear on whether Target’s new record retention policy is sufficient to prevent future violations of federal law, Target’s motion for summary judgment on this issue should not have been granted. * * *

B. Title VII Disparate Treatment Claims

* * * The parties do not dispute that the EEOC established a prima facie case of disparate treatment.… * * * [T]he district court [found] that Target presented a legitimate, nondiscriminatory reason to explain why White, Edgeston and Brown-Easley were not interviewed for ETL positions. Store Team Leader Matthew Armiger’s burdensome workload … caused him to fail in several of his recruitment duties, including failure to conduct interviews when they were scheduled. The EEOC did not contest this finding; therefore step two of the McDonnell Douglas test is satisfied and the burden shifts back to the EEOC.

In step three of the McDonnell Douglas test, a plaintiff must show that the defendant’s nondiscriminatory reason for rejecting the applicant is a pretext meant to hide a discriminatory motive. * * * [W]e find that the EEOC did present sufficient evidence to establish a genuine issue of material fact as to whether Target’s reason for not interviewing White, Edgeston and Brown-Easley was a pretext for race discrimination. First, Target argued that Armiger could not have discriminated against White, Edgeston and Brown-Easley because he did not know their race. However, * * * [t] he EEOC showed that each applicant’s resume contained information that suggested she might be African-American. White’s resume indicated that she was a member of Alpha Kappa Alpha sorority, and Armiger testified that he knew this to be an African-American sorority. Edgeston’s resume showed that she also was a member of Alpha Kappa Alpha sorority, that she majored in African-American studies, that she wrote a paper titled The African-American Response to School Choice in Milwaukee and that she was a member of the NAACP. Finally, Brown-Easley’s resume indicated that she was a member of the “Metropolitan Alliance of Black School Educators.” Armiger testified that he typically looked at sorority involvement and extracurricular activities when he reviewed resumes, and that he reviewed White and Edgeston’s resumes. In addition, Armiger was in charge of recruiting at University of Wisconsin–Milwaukee, and Edgeston and Brown-Easley’s resumes were collected from a multicultural career fair at that school.

Additionally, Armiger claims that he failed to interview White because he was “too busy” with his management duties when she called. He claims that he often told applicants that he was too busy to speak to them if they called while he was on the sales floor, and that he did not keep a record of who called. However, fifteen minutes after White called Armiger, Armiger took a call from the fictitious Caucasian applicant, “Sarah Brucker,” and scheduled an interview with her. “Brucker” was less qualified than White because White was pursuing an MBA degree but “Brucker” was not, and Armiger recalled seeing in White’s resume that she was pursuing this MBA. These facts support a reasonable inference that Armiger’s busy schedule was (a) not his actual motivation; or (b) an insufficient reason for failing to interview White, Edgeston and Brown-Easley. * * *

Target claims that Armiger would not have had White’s resume in front of him when she called to set up an interview and he said he was too busy to do so, and he therefore would not have known her race. However, the EEOC presented expert testimony indicating that some people can determine a speaker’s race based on his or her voice or name. Dr. Thomas Purnell, a linguistics professor, researched racially affiliated dialects and telephone filtered speech. Purnell had White, Edgeston and Brown-Easley read statements to him over the telephone that were similar to those they made to Armiger. He testified that the three women were discernible as African American. Dr. Marianne Bertrand, an economics professor, testified that some corporate recruiters can identify a person’s race based on his or her name. Bertrand’s study compared job applicants with Caucasian names, such as Sarah, versus applicants with African American names, such as Lakisha. Bertrand noted that White’s first name, Kalisha, is very similar to the name Lakisha that was used in her study. The expert testimony of Purnell and Bertrand might persuade a reasonable fact finder that, at the time of the phone calls, Armiger at least suspected that White was African American and that “Brucker” was Caucasian. * * *

This expert evidence likewise could lead a fact finder to conclude that Armiger knew Edgeston and Brown-Easley’s race because each of these applicants left at least one message for Armiger after he failed to call at their scheduled interview time. Armiger had set up interviews for March 4 and 6, 2001. He was supposed to interview nine ETL candidates over those two days, including Edgeston and Brown-Easley. * * * The Caucasian candidate was interviewed later by another Target official. Edgeston and Brown-Easley were never interviewed. * * * [A] reasonable fact finder could conclude that contrary to Target’s assertion and Armiger’s testimony, Armiger did know the race of the applicants at the time he chose not to interview them.

Finally, Target also argues that if Armiger had intended to discriminate against Edgeston and Brown-Easley he would not have contacted them to set up an interview, and that because Armiger did set up the interview it makes sense to assume that he would not miss it for a discriminatory reason. The EEOC claims that Armiger did not choose to interview Edgeston and Brown-Easley, but instead only followed up on the recommendations of his predecessor and of career fair recruiters. This Court need not address the contours of each side’s logic on this point any further than to conclude that there is a dispute over when and with how much care Armiger reviewed Edgeston and Brown-Easley’s resumes and who actually decided to interview the individuals. * * * [T]he EEOC has presented a genuine issue of fact as to whether Armiger was truly the decision maker that elected to interview Edgeston and Brown-Easley.

[W]e conclude that there is a genuine issue of material fact as to whether Target’s proffered reason that Armiger was too busy to interview White, Edgeston and Brown-Easley was a pretext for discriminatory action based on race. Therefore, summary judgment was improper for these applicants’ individual claims. * * *

CASE QUESTIONS

1.

What were the legal issues in this case? What did the appeals court decide?

2.

What are the obligations of employers regarding the retention of records related to recruiting? What problems does the court identify with Target’s record-retention practices?

3.

What is the evidence that the store team leader Armiger was aware of the race of the applicants? That race was a factor in the applicants not receiving interviews?

4.

What changes would you recommend to Target’s recruiting and hiring practices? What should the role of store managers be?

 

 

Kroll v. White Lake Ambulance Authority

691 F.3d 809 (6th Cir. 2012)

OPINION BY CIRCUIT JUDGE MOORE:

Emily Kroll (“Kroll”) appeals the district court’s grant of summary judgment in favor of White Lake Ambulance Authority (“WLAA”), Kroll’s former employer, on claims under the Americans with Disabilities Act (“ADA”). Kroll argues that the district court erred in holding as a matter of law that the counseling WLAA ordered Kroll to attend does not constitute a “medical examination” under [the ADA]. * * *This dispute presents an issue of first impression in the Sixth Circuit as to the meaning of “medical examination” under [the ADA]. For the reasons that follow, we VACATE the judgment of the district court and REMAND for further proceedings consistent with this opinion.

* * * In September 2003, Kroll began working for WLAA as an Emergency Medical Technician (“EMT”) specialist. Kroll was generally considered to be a “good EMT” and a “good employee” by her direct supervisor, Brian Binns (“Binns”). However, after Kroll became romantically involved with one of her co-workers at WLAA, Binns and the office manager, Jean Dresen (“Dresen”), received reports of concerns from WLAA employees about Kroll’s well being [sic].

Kroll maintains that on April 21, 2008 Dresen “requested” that Kroll “receive psychological counseling.” Dresen informed Kroll that she had spoken with … an administrative case manager … and that [he] had referred Dresen to Mark Graves (“Graves”) regarding the availability of counseling. Dresen testified that she did not know Graves’s title or whether he was a mental-health professional. Dresen told Kroll that she should contact the Red Cross regarding financial assistance for counseling, and also requested that Kroll authorize the release of her counseling records so that WLAA could monitor her attendance. Dresen stated that Kroll was receptive to the idea of counseling and informed Dresen that she would pursue it “right away.” Kroll, on the other hand, testified that Dresen instructed her to seek counseling from Kim Jahn (“Jahn”), but that Kroll was not amenable because Jahn “was a neighbor and friend of” Dresen and Kroll had heard negative things about Jahn. There was no testimony as to Jahn’s profession or qualifications.

A few days later on April 28, 2008, … Binns[] met with Kroll and Kroll’s father following a dispute between Kroll and another WLAA employee. Binns told Kroll that he had received a “complaint in regards to [Kroll] screaming at a male acquaintance [on the phone] … while … driving a vehicle loaded with a patient … [in] emergency status with lights and sirens.” Because Binns was concerned about Kroll’s ability to perform her job safely, he told Kroll that she must attend counseling in order to continue working at WLAA. Binns testified that he didn’t “think” that he “used the term ‘psychological’” in describing the counseling that he asked Kroll to attend. However, when asked whether it would “be fair to say” that Binns requested that Kroll “see a psychologist to discuss issues related to her mental health,” Binns responded affirmatively. Kroll told Binns that she would not attend the counseling, left the meeting, and did not return to work at WLAA. At her deposition, Kroll testified that because WLAA told her that she would have to pay for the counseling out of pocket, she “told them [she] did not have the monetary funds to seek counseling,” although she would have been willing to attend the counseling if it was provided to her free of charge.

* * * The … question presented in this appeal is whether the counseling that Kroll was instructed to attend constitutes a “medical examination” under [the ADA]. The district court concluded that it does not and, as a result, granted WLAA’s motion for summary judgment. The district court reached this conclusion by determining categorically that “counseling alone does not constitute a medical examination under the ADA.” Construing the facts in the light most favorable to Kroll, we conclude that this decision was in error for the reasons that follow.

[The ADA] prohibits employers from “requir[ing] a medical examination” or “mak[ing] inquiries of an employee as to whether such employee is an individual with a disability … unless such examination or inquiry is shown to be job-related and consistent with business necessity.” Thus, employees can be instructed to undergo medical examinations by employers only “in certain limited circumstances,” confined by the “job-relatedness” and “business necessity” requirements. The EEOC has explained that this restriction “reflect[s] Congress’s intent to protect the rights of applicants and employees to be assessed on merit alone, while protecting the rights of employers to ensure that individuals in the workplace can efficiently perform the essential functions of their jobs.” In essence, the restriction strikes a balance between competing interests.

* * *The EEOC … defines “medical examination” as “a procedure or test that seeks information about an individual’s physical or mental impairments or health.” It provides a seven-factor test for analyzing whether a test or procedure qualifies as a “medical examination” and notes that “one factor may be enough to determine that a test or procedure is medical”:

(1) whether the test is administered by a health care professional;

(2) whether the test is interpreted by a health care professional;

(3) whether the test is designed to reveal an impairment or physical or mental health;

(4) whether the test is invasive;

(5) whether the test measures an employee’s performance of a task or measures his/her physiological responses to performing the task;

(6) whether the test normally is given in a medical setting; and,

(7) whether medical equipment is used.

The guidance further explains that “psychological tests that are designed to identify a mental disorder or impairment” are “medical examinations,” while “psychological tests that measure personality traits such as honesty, preferences, and habits” are not. This explanation is in keeping with the EEOC’s recognition … that “[t]raits or behaviors are not, in themselves, mental impairments.”

Thus, the EEOC instructs that to determine whether something constitutes a “medical examination” one must consider whether it is likely to elicit information about a disability, providing a basis for discriminatory treatment. The EEOC explains that prohibiting such inquiries prevents discrimination by precluding employers from obtaining information about “nonvisible disabilities, such as … mental illness,” and then taking adverse employment actions “despite [an individual’s] ability to perform the job.” The importance of [this section of the ADA] in preventing discrimination is underscored by the fact that, in contrast to many other provisions of the ADA, all individuals—disabled or not—may bring suit in aid of its enforcement.

Examples provided by the EEOC suggest that an employer’s intent is not dispositive as to whether something qualifies as a “medical examination” under the ADA. Instead, the employer’s purpose must be considered in the larger factual context of a particular test or assessment’s typical uses and purposes. Consider the following example provided by the EEOC …:

A psychological test is designed to reveal mental illness, but a particular employer says it does not give the test to disclose mental illness (for example, the employer says it uses the test to disclose just tastes and habits). But, the test also is interpreted by a psychologist, and is routinely used in a clinical setting to provide evidence that can be used to diagnose mental health (for example, whether an applicant has paranoid tendencies, or is depressed). Under these facts, this test is a medical examination.

* * * We can generalize from this scenario that when an employer’s purported intentions mismatch the predominant purpose and design of a particular test or assessment, which is to uncover mental-health defects or disabilities, those intentions are accorded less weight and significance in the analysis.

The Seventh Circuit decision in Karraker v. Rent-A-Center is a useful example of the application of the EEOC’s guidance directives. In Karraker, the Seventh Circuit held that an evaluation administered to employees seeking a promotion that included the Minnesota Multiphasic Personality Inventory (MMPI) constituted a “medical examination” under the ADA because the MMPI “is designed, at least in part, to reveal mental illness and has the effect of hurting the employment prospects of one with a mental disability.” The Seventh Circuit reached this decision in spite of the fact that the employer claimed to be administering the MMPI solely for the purpose of measuring personality traits, that the test was not being scored by a psychologist, and that the employer was only using “a vocational scoring protocol” as opposed to “a clinical protocol.” The Seventh Circuit determined that the fact that a high score on the test could be “one of several symptoms which may contribute to a diagnosis of paranoid personality disorder” was enough to conclude that the test was “best categorized as a medical examination” subject to the ADA’s restrictions.

With this legal backdrop we now consider Kroll’s claims. Admittedly, our task is distinct from that undertaken by the Seventh Circuit in Karraker as the exact substance of the “counseling” Kroll was instructed to attend remains unclear and somewhat in dispute by the parties. Kroll alleges that WLAA required her to “receive psychological counseling” and “to see a mental health counselor as a condition to keeping her employment.” In addition, Kroll points to testimony from Binns in which he agreed that it would “be fair to say” that WLAA requested that Kroll “see a psychologist to discuss issues related to her mental health.” WLAA admits that it instructed Kroll to attend “counseling” as a condition of her continued employment, but contends that WLAA did not specify that the “counseling” be “psychological” in nature. * * *

The Oxford English Dictionary defines “counseling” in the psychological sense as “a form of psychotherapy in which the counsellor adopts a permissive and supportive role in enabling a client to solve his or her own problems.” Merriam Webster’s English Dictionary defines “counseling” as “professional guidance of the individual by utilizing psychological methods especially in collecting case history data, using various techniques of the personal interview, and testing interests and aptitudes.” Taber’s Cyclopedic Medical Dictionary defines “counseling” as “[t]he providing of advice and guidance to a patient by a health professional” and defines “psychological” as “[pertaining] to the study of the mind in all of its relationships, normal and abnormal.” Dorland’s Medical Dictionary defines “counseling” as the “provision of information, advice, and support,” and “psychology” as “the branch of science that deals with the mind and mental processes, especially in relation to human and animal behavior.”

No clear or precise meaning emerges from these definitions. Some definitions suggest that “psychological counseling” is more or less passive, with the counselor serving only as an aide in the individual’s own problem-solving process. Other definitions, however, tie “psychological counseling” to the science of psychology implicating the diagnosis and treatment of mental illness. Accordingly, we must consider the evidence presented by Kroll and employ the EEOC’s seven-factor test to determine whether a reasonable jury could conclude that the “psychological counseling” Kroll was instructed to attend constitutes a “medical examination” ….

It is clear that both factors one and two—administration and interpretation by a health-care professional—weigh in favor of the “psychological counseling” Kroll was instructed to attend being a “medical examination.” Kroll specifically alleged, and Binns provided support for the conclusion, that Kroll was instructed to attend counseling administered by a psychologist. Regardless of whether the psychologist would have acted in a passive, facilitating role, or a test-oriented, diagnostic role a reasonable jury could conclude that the psychologist would have, at minimum, done some interpretation of the content of the counseling in order to assist Kroll with her problems; indeed, this was the reason why WLAA insisted that Kroll attend the counseling. Accordingly, we conclude that a reasonable jury could find that factors one and two weigh in favor of concluding that the “psychological counseling” Kroll was instructed to attend constituted a “medical examination.”

This brings us to factor three, arguably the most critical in this analysis: whether the “psychological counseling” was designed to reveal a mental-health impairment. As previously suggested, the answer in the abstract is somewhat ambiguous. The definitions suggest that sometimes “psychological counseling” is used for the diagnosis and treatment of mental illness; the ADA recognizes as much in stating that “psychologists” are among the “variety of health professionals [that] may provide documentation regarding psychiatric disabilities” for ADA purposes. However, psychological counseling need not always be targeted to mental-health diagnosis—sometimes patients seek psychological counseling and specifically request that no mental-health diagnosis be made. In this instance, based on the evidence presented by Kroll, a reasonable jury could conclude that the psychological counseling Kroll was instructed to attend was the type designed to uncover a mental-health defect. WLAA does not dispute that it was concerned about Kroll suffering from depression, to the point of suicidal ideation, and Binns stated in his deposition that he instructed Kroll to go to the counseling “to discuss issues related to her mental health.” These facts are sufficient for a reasonable jury to conclude that WLAA intended for Kroll to attend counseling to explore her possible affliction with depression, or a similar mental-health impairment, so that she could receive the appropriate corresponding treatment. This uncovering of mental-health defects at an employer’s direction is the precise harm that [the ADA] is designed to prevent absent a demonstrated job-related business necessity.

With respect to factors four, five, six, and seven, the paucity of information with which we have to evaluate their application makes it difficult to decide whether they weigh in favor of or against concluding that the counseling Kroll was instructed to attend constituted a “medical examination” under the ADA. Rather than speculate, we decline to comment on these factors because ultimately none is dispositive to our analysis. Upon considering factors one, two, and particularly three, we conclude that Kroll has presented sufficient evidence such that a reasonable jury could conclude that the “psychological counseling” Kroll was instructed to attend did constitute a “medical examination” under the ADA. We reach this conclusion, consistent with the reasoning of the Seventh Circuit, because the “psychological counseling” in question was likely to probe and explore whether Kroll suffered from a mental-health disability, regardless of whether this was WLAA’s intention.

We recognize that even if Kroll’s instruction to undergo “psychological counseling” is governed by [the ADA], WLAA may still be entitled to summary judgment if such counseling was “job related” and consistent with “business necessity.” Because the district court did not decide this question in the first instance, the parties have not briefed it on appeal. Accordingly, the proper course is to remand the case to the district court for decision in the first instance. * * *

Dissent by Circuit Judge Sutton:

* * * I cannot agree that a requirement to obtain psychological counseling amounts to a requirement to obtain a medical examination.

The relevant provision says:

A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.

The determinative words are “require” and “medical examination,” not just “medical examination.” The law bars a required medical examination—and that did not happen. When Kroll, an emergency medical technician, showed on-the-job distress over an affair with a married co-worker, principally through several outbursts at work, her employer, the White Lake Ambulance Authority, understandably tried to do something about it. The employer, however, did not compel Kroll to take a medical examination. It compelled her to obtain psychological counseling, allowing her to obtain it on her own terms and with any counselor she wished. The employer had no interest in the outcome of the counseling, no interest in any potential diagnosis, no interest in the type of counseling she received, no interest in anything at all save verification that she obtain some form of counseling if she was going to continue providing EMT services for the ambulance company.

By any definition, compelled counseling does not compel a medical examination. * * * The breadth of services encompassed by a psychological-counseling requirement resolves this claim. For it means that Kroll, not the company, controlled her destiny—controlled in other words whether she sought counseling that included a medical examination or did not. No doubt, she might meet this requirement by seeing a psychologist or psychiatrist who used a medical examination. But, if so, that was her choice, not the company’s. If a trying boss insists that an employee arrive at work by eight o’clock the next morning, it is not the boss’s fault if the employee opts to meet the requirement by staying overnight in the office. So it is here. Kroll had the right to meet this counseling requirement on her own terms, some of which could lead to a medical examination and others of which would not. Because White Lake Ambulance did not “require” Kroll to obtain a “medical examination,” I must respectfully dissent.

CASE QUESTIONS

1.

What was the legal issue in this case? What did the appeals court decide?

2.

What factors does the EEOC use to determine whether a procedure constitutes a “medical examination” under the ADA? How does the appeals court apply these factors in this case?

3.

Why does it matter whether the “psychological counseling” that the plaintiff was ordered to undergo was a medical examination? On remand, do you think that the counseling will be found to be job-related and consistent with business necessity? Why or why not?

4.

What is Justice Sutton’s argument in his dissenting opinion? Are you more persuaded by the majority opinion or the dissenting opinion? Why?

5.

What are some practical implications of this decision for employers dealing with employees who appear to be having emotional or behavioral problems?

 

Lewis v. Heartland Inns of America

591 F.3d 1033 (8th Cir. 2010)

OPINION BY CIRCUIT JUDGE MURPHY:

Alleging that she lost a job she had done well, solely because of unlawful sex stereotyping, Brenna Lewis brought this action for sex discrimination and retaliation against her former employer Heartland Inns of America.… The district court granted summary judgment to Heartland. We reverse and remand.

* * * Heartland Inns operates a group of hotels, primarily in Iowa. Brenna Lewis began work for Heartland in July 2005.… She started as the night auditor at Heartland’s Waterloo Crossroads location; at that job she worked at the front desk from 11:00 p.m. to 7:00 a.m. There were also two other shifts for “guest service representatives”: the A shift from 7:00 a.m. to 3:00 p.m. and the B shift from 3:00 p.m. to 11:00 p.m. Lewis’ manager at Waterloo Crossroads, Linda Gowdy, testified that Lewis “did her job well” and that she had requested a pay raise for her. Heartland recorded two merit-based pay raises for Lewis. The record also indicates that Gowdy received a customer comment praising Lewis.

On or about December 7, 2006, Lewis began working various part time front desk shifts at Heartland Inns located near Des Moines, including at Ankeny and Altoona. At both locations she was valued by her direct supervisors. Her manager at the Altoona hotel, Jennifer Headington, testified that Lewis “made a good impression[.]” She offered her a full time night auditor position after receiving telephone permission from Barbara Cullinan, Heartland’s Director of Operations. Lori Stifel, Lewis’ manager at the Ankeny hotel, testified in her deposition that Lewis did a “great job” in Ankeny, “fit into the [front desk] position really well” and was well liked by customers. Stifel received permission over the phone from Cullinan on December 15 to offer Lewis a full time A shift position. Neither Headington nor Stifel conducted an interview of Lewis before extending their offers, and the record does not reflect that Cullinan ever told them a subsequent interview would be necessary. Lewis accepted the offer for the A shift at Ankeny and began training with her predecessor, Morgan Hammer. At the end of December 2006 Lewis took over the job.

Lewis’ positive experience at Heartland changed only after Barbara Cullinan saw her working at the Ankeny desk. * * * She had approved the hiring of Lewis for the Ankeny A shift after receiving Stifel’s positive recommendation. After seeing Lewis, however, Cullinan told Stifel that she was not sure Lewis was a “good fit” for the front desk. Cullinan called Stifel a few days later and again raised the subject of Lewis’ appearance. Lewis describes her own appearance as “slightly more masculine,” and Stifel has characterized it as “an Ellen DeGeneres kind of look.” Lewis prefers to wear loose fitting clothing, including men’s button down shirts and slacks. She avoids makeup and wore her hair short at the time. Lewis has been mistaken for a male and referred to as “tomboyish.”

Cullinan told Stifel that Heartland “took two steps back” when Lewis replaced Morgan Hammer who has been described as dressing in a more stereotypical feminine manner. As Cullinan expressed it, Lewis lacked the “Midwestern girl look.” Cullinan was heard to boast about the appearance of women staff members and had indicated that Heartland staff should be “pretty,” a quality she considered especially important for women working at the front desk. Cullinan also had advised a hotel manager not to hire a particular applicant because she was not pretty enough. The front desk job description in Heartland’s personnel manual does not mention appearance. It states only that a guest service representative “[c]reates a warm, inviting atmosphere” and performs tasks such as relaying information and receiving reservations.

… Cullinan ordered Stifel to move Lewis back to the overnight shift. Stifel refused because Lewis had been doing “a phenomenal job at the front desk[.]” The following week, on January 9, 2007, Cullinan insisted that Lori Stifel resign. Around this time, Heartland informed its general managers that hiring for the front desk position would require a second interview. Video equipment was also purchased to enable Cullinan or Kristi Nosbisch, Heartland’s Human Resource Director, to see an applicant before extending any offer. * * *

Cullinan met with Brenna Lewis on January 23, 2007. At this point Lewis had held the front desk job for nearly a month after Cullinan’s initial approval of her hire for the position. The record contains no evidence of any customer dissatisfaction with Lewis or her service. Nevertheless, Cullinan told Lewis at the meeting that she would need a second interview in order to “confirm/endorse” her A shift position. Lewis was aware from Lori Stifel of what had been said about her appearance, and she protested that other staff members had not been required to have second interviews for the job. Lewis told Cullinan that she believed a second interview was being required only because she lacked the “Midwestern girl look.” She questioned whether the interview was lawful, and she cried throughout the meeting.

Cullinan wanted to know who had told Lewis about the comment and asked whether it was Lori Stifel. Thereafter Cullinan talked about the need for new managers when revenue is down like in Ankeny, where Stifel was the manager. Lewis responded that recent policy changes by Heartland, including bans on smoking and on pets, might explain the loss in revenue. Cullinan then encouraged Lewis to share more of her views about the new policies and took notes on what she said. Three days later, Lewis was fired.

Lewis does not challenge Heartland’s official dress code, which imposes comparable standards of professional appearance on male and female staff members, and her termination letter did not cite any violation of its dress code. The theory of her case is that the evidence shows Heartland enforced a de facto requirement that a female employee conform to gender stereotypes in order to work the A shift. There was no such requirement in the company’s written policies. In its termination letter to Lewis, Heartland asserted that she had “thwart[ed] the proposed interview procedure” and exhibited “host[ility] toward Heartland’s most recent policies[.]” * * * Lewis asserts that Heartland terminated her for not conforming to sex stereotypes and contends that this conduct violated Title VII of the Civil Rights Act and the Iowa Civil Rights Act.

* * * Among the authorities relied on by Lewis is Price Waterhouse v. Hopkins, where the Supreme Court decided that sex stereotyping can violate Title VII when it influences employment decisions. * * * In Price Waterhouse, where a female senior manager was denied partnership, partners involved in their decision had referred to her as “macho” and in need of “a course at charm school[.]” She was advised that to become a partner she should “walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry.” Such stereotypical attitudes violate Title VII if they lead to an adverse employment decision. * * * Like the plaintiff in Price Waterhouse, Lewis alleges that her employer found her unsuited for her job not because of her qualifications or her performance on the job, but because her appearance did not comport with its preferred feminine stereotype.

Other circuits have upheld Title VII claims based on sex stereotyping subsequent to Price Waterhouse. * * * The Sixth Circuit’s Smith case concerned a firefighter who was born male but subsequently came to identify as a woman. When he began “to express a more feminine appearance” at work, he was told by colleagues that he was not “masculine enough[.]” His superiors then “devise[d] a plan” to terminate him, including an order that he submit to multiple psychological evaluations. If he did not consent, “they could terminate Smith’s employment on the ground of insubordination.” Lewis similarly alleges that Heartland imposed a second interview and then used her objection to it against her when its real reason for terminating her was because she lacked the “Midwestern girl look” and was not pretty enough to satisfy Cullinan. As the Sixth Circuit concluded in Smith, an adverse employment decision based on “gender nonconforming behavior and appearance” is impermissible under Price Waterhouse. Likewise, in Chadwick, the First Circuit found a decision maker’s explanation why the plaintiff had not received a promotion evidence that the decision was motivated by an illegal sex stereotype that women would prioritize child care responsibilities over paid employment (with four young children she had “too much on her plate”). The Second Circuit similarly concluded in Back that the statement that a mother who received tenure “would not show the same level of commitment [she] had shown because [she] had little ones at home” showed discriminatory intent in the tenure decision. The Seventh Circuit found remarks characterizing conduct of a woman employee as “you’re being a blond[e] again today” probative of sex discrimination.… * * *

The district court recognized that sex stereotyping comments may be evidence of discrimination. The focus of its decision was the mistaken view that a Title VII plaintiff must produce evidence that she was treated differently than similarly situated males. Our court has explicitly rejected that premise. * * * Courts “consistently emphasize[] that the ultimate issue is the reasons for the individual plaintiff ’s treatment, not the relative treatment of different groups within the workplace.” * * * Comparative evidence is certainly not the “exclusive means by which a plaintiff may establish an inference of discrimination.” * * * The Supreme Court has stated that “[t]he critical issue” in a sex discrimination case is “whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.” * * * “[A]n employer who discriminates against women because, for instance, they do not wear dresses or makeup, is engaging in sex discrimination because the discrimination would not occur but for the victim’s sex.” * * * Lewis need only offer evidence that she was discriminated against because of her sex. The question is whether Cullinan’s requirements that Lewis be “pretty” and have the “Midwestern girl look” were because she is a woman. A reasonable fact finder could find that they were since the terms by their nature apply only to women.

We recognize that “[r]emarks at work that are based on sex stereotypes do not inevitably prove that gender played a part in a particular employment decision. The plaintiff must show that the employer actually relied on her gender in making its decision.” Lewis met this burden at the summary judgment stage. * * * Cullinan was a primary decision maker with authority to hire and fire employees. While several individuals also took part in the decision to terminate Lewis, they relied on Cullinan’s description of her January 23, 2007 conversation with Lewis. Cullinan consistently indicated that female front desk workers must be “pretty,” and she criticized Lewis’s lack of the “Midwestern girl look” in the same conversation in which she ordered Stifel to move Lewis back to the night audit. Cullinan authorized Stifel to hire Lewis over the phone, but demanded a “confirm/endorse” interview once she saw Lewis’s “tomboyish” appearance. * * *

Evidence that Heartland’s reason for the termination were pretextual include the fact that Lewis had a history of good performance at Heartland. She had no prior disciplinary record and had received two merit based pay raises. The two individuals who supervised her during the majority of her employment at Heartland both stated that they had no problem with her appearance, and at least one customer had never seen customer service like that Lewis had provided. * * * [A] reasonable fact finder could disbelieve Heartland’s proffered reason for terminating Lewis. Heartland asserts that it fired Lewis because of the January 23 meeting when Cullinan informed her that she would need to submit to a second interview. Lewis and Cullinan, the only two individuals in the room, portray the encounter in starkly different terms. On summary judgment we must construe the conversation in the light most favorable to Lewis, however. Lewis denies that she expressed hostility to Heartland’s policies or spoke in a disrespectful way or took an argumentative stance or refused to participate in a second interview. It is also relevant that the meeting occurred after Cullinan had given Stifel the understanding that “[Lewis’] appearance … was not what [she] wanted on the front desk” and after Stifel had shared that discussion with Lewis.

Shortly after Cullinan’s conversation with Stifel about Lewis’ appearance, Heartland procured video equipment so that Cullinan or Nosbisch could inspect a front desk applicant’s look before any hiring. Heartland’s termination letter to Lewis only relied on the January 23 meeting she had with Cullinan. Only later did Heartland allege poor job performance would justify her termination. Lewis asserts further that Heartland did not follow its own written termination procedure, which includes assessing the employee’s previous disciplinary record (Lewis had none) and conducting an investigation before making the termination decision. Kristi Nosbisch, Heartland’s equal employment officer responsible for directing investigations of employment discrimination, knew that Lewis had complained that Cullinan’s requirements were illegal, but she nonetheless relied on Cullinan’s account of their meeting without asking Lewis for her own.

* * * We turn next to Lewis’ retaliation claim. * * * Lewis went into the January 23 meeting with Cullinan after learning about the “Midwestern girl look” comment. Lewis had already held her job for nearly a month and understood that other transferred employees in her situation had not been required to submit to a second interview. She observed Cullinan grow defensive after she asked her about the “Midwestern girl look” comment. Heartland argues that its official policy dictated a second interview, but Lewis has raised a genuine fact issue about whether Heartland imposed second interviews in similar circumstances before January 2007 and whether Heartland began doing so in relation to Cullinan’s interaction with Lewis. Heartland suggests that Lewis’ comments during the January 23 meeting did not actually oppose any unlawful practice. Cullinan testified, however, that Lewis had “emphatically stated that she thought it was illegal for us to ask her to interview, and illegal for us to schedule her to another shift” and that Lewis said she thought the interview demand was because of her appearance. These statements cannot reasonably be characterized as anything other than opposition to illegal action.

No one questions that Lewis was subjected to an adverse employment action, and there is ample record evidence to support a causal nexus between that and Lewis’s protests at the January 23 meeting. Lewis received the termination notice a mere three days after the disputed conversation, and Heartland cited her objection to the second interview in her termination notice. The evidence of pretext already discussed applies with equal force in evaluating whether Lewis has made out a prima facie retaliation claim.

CASE QUESTIONS

1.

What were the legal issues in this case? What did the court decide?

2.

What was the evidence of sex stereotyping in this case?

3.

Is this also a sex-plus case? Why or why not?

4.

In a dissenting opinion, one of the judges who heard this case wrote that “[a]pparently, the majority would hold that an employer violates Title VII if it declines to hire a female cheerleader because she is not pretty enough, or a male fashion model because he is not handsome enough.…” Do you agree? Was this case correctly decided? Why or why not?

5.

What, if any, appearance policy would you recommend for a hotel?

 
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Employment Law

Employment Law Scoring Guide

CRITERIA NON-PERFORMANCE BASIC PROFICIENT DISTINGUISHED
Develop an anti-harassment workplace policy. Does not explain an anti-harassment workplace policy. Explains but does not develop an anti-harassment workplace policy. Develops an anti-harassment workplace policy. Develops an anti-harassment workplace policy and customizes relevant components for the selected organization.
Explain the legal basis for protecting employees from harassment. Does not identify the legal basis for protecting employees from harassment. Identifies but does not explain the legal basis for protecting employees from harassment. Explains the legal basis for protecting employees from harassment. Explains the legal basis for protecting employees from harassment and provides best practices.
Describe the types of sexual harassment found in the workplace. Does not identify the types of sexual harassment found in the workplace. Identifies but does not describe the types of sexual harassment found in the workplace. Describes the types of sexual harassment found in the workplace. Describes the types of sexual harassment found in the workplace, and provides relevant workplace examples.
Explain other types of harassment to consider in a workplace policy. Does not identify other types of harassment to consider in a workplace policy. Identifies but does not explain other types of harassment to consider in a workplace policy. Explains other types of harassment to consider in a workplace policy. Explains other types of harassment to consider in a workplace policy, and discusses the relevancy of these types of harassment.
Articulate the steps that can be taken to best legally protect the selected organization. Does not identify the steps that can be taken to best legally protect the selected organization. Identifies but does not articulate the steps that can be taken to best legally protect the selected organization. Articulates the steps that can be taken to best legally protect the selected organization. Analyzes the steps that can be taken to best legally protect the selected organization using cited resources.
Analyze organizational benefits realized by the anti-harassment policy’s approach. Does not describe organizational benefits realized by the anti-harassment policy’s approach. Describes but does not analyze organizational benefits realized by the anti-harassment policy’s approach. Analyzes organizational benefits realized by the anti-harassment policy’s approach. Analyzes organizational benefits realized by the anti-harassment policy’s approach, and summarizes key findings.
Write in a professional style using APA citations and format with correct grammar, usage, and mechanics. Does not write in a professional style using APA citations and format with correct grammar, usage, and mechanics. Inconsistently writes using APA citations and format and use of grammar, usage, and mechanics are inconsistent. Writes in a professional style using APA citations and format with correct grammar, usage, and mechanics. Writes exceptionally and in a professional style using APA citations and format, with correct grammar, usage, and mechanics that are error free.
 
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2-2 Assignment: Communications Plan Template

Using the Communications Template, identify two overall issues that are present in the final project case that can be addressed using internal and external communications. For each issue, note the red flags that contribute to the issue and list those factors in the first column in the template. For each factor, identify potential communications that would need to be developed to address that component of the issue, the audience that the communication would need to reach, and the objective for the communication.

From this template, you should be able to select one of the two issues to focus on for the purpose of your final project and develop the ideas you have noted for Milestone One.

Use Communications Planning: Getting the Right Messages Across in the Right Way to assist you in completing the template.

 
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Management Team Briefing On Employment Laws

Overview

In your new role as chief human resources officer (CHRO) for a major retail organization, you have been tasked by the CEO to conduct a presentation to the management team on employment law awareness within your first 30 days. The CEO informed you that under the previous CHRO, the company was subject to legal action resulting from lack of knowledge of employment law, which had unfavorable outcomes. Avoiding similar experiences is a high priority, and your thorough presentation to the management team is the first big step to success.

Instructions

Prepare a 15 slide PowerPoint presentation in which you:

1. Include cover, agenda, conclusion, and reference list slides, all of which may count toward total slide count.

2. Provide a 1–2 slide overview of employment law based on information found in Chapter 1 of Employment Law for Human Resource Practice (attached below). Note: You may use your discretion to decide which information needs to be addressed as long as your overview is descriptive and relevant.

3. Include in the remaining slides the following required presentation information:

  • o Provide a three-slide minimum covering at least six strong bullet points highlighting a discussion on the roles of employees and employers in terms of determining employment relationships.
  • o Provide a three-slide minimum covering at least six strong bullet points highlighting a discussion on the concept of employment discrimination.
  • o Provide a three-slide minimum covering at least six strong bullet points highlighting a discussion on the types of discrimination.
  • o Provide a three-slide minimum covering at least six strong bullet points highlighting a discussion on retaliation.

1. Go to Basic Search: Strayer University Online Library to locate at least three quality academic resources for this assignment. Note: You may only use the resources listed in the course syllabus and those that are specifically provided by the instructor.

 
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Human Resource

Summer 2 Online 2020

HRM410: Techniques of Employee Selection & Recruitment

FINAL WEEKLY ASSESSMENT – Individual

 

Chapters covered: Chapter 8 – External Selection I

Chapter 9 – External Selection II

Chapter 10 – Internal Selection

Chapter 12 – Final Match

 

Name University ID No.

 

1. Do you think employers have a right to check into applicants’ backgrounds when there is no suspicion of misbehavior and the job poses no security or sensitive risks? Give two examples to support your argument. (20 Points)

 

2. Please read the case and answer the question given underneath the case.

Google knows that to maintain its fast-growth strategy, it must keep innovating new services. To support that strategy, Google needs its employees engaged and collaborating with each other. Having employees thinking of themselves in isolated “silos” would inhibit the cross-pollination that Google’s strategy depends on. In formulating its employee selection practices, Google therefore found a way to foster the employee engagement and collaboration its success depends on. Google uses “crowdsourcing” when it comes to making hiring decisions.

Here’s how it works. When a prospective employee applies for a job, his or her information (such as school and previous employers) goes into Google’s applicant tracking system (ATS). The ATS then matches the applicant’s information with that of current Google employees. When it finds a match, it asks those Google employees to comment on the applicant’s suitability for the position. This helps give Google recruiters a valuable insight into how the Google employees actually doing the work think the applicant will do at Google. And it supports Google’s strategy, by fostering a sense of community and collaboration among Google employees, who see themselves working together to select new “Googlers.” Source: Based on Wright, “At Google, It Takes a Village to Hire an Employee.”

 

a) Explain advantages and disadvantages of ‘crowdsourcing’ technique of Google in external selection. Is

‘crowdsourcing’ technique applicable for other companies? Discuss your answer. (15 Points)

b) Which substantive assessment methods can be used to support ‘crowdsourcing’ technique in external selection? Please justify your answer. (15 Points)

 

3. Please read the case and answer the question given underneath the case.

Talent management Garvey Group have a segment in their balanced scorecard termed ‘talent management’, which was introduced because, in previous years of relatively full employment there had been a real difficulty in recruiting talent. For the retail sector this is a challenge because a career in the sector is not seen as offering great potential. Having found it difficult to attract supervisors and good trainee managers they made the decision to home-grow their own. The Garvey understanding of ‘talent’ is people ‘having capacity to be more than they currently are’. There is also a recognition that talent in this sector is very much related to personality and whether a person can relate to the customers or has people management skills, regardless of the degree they have on paper. To grow their own, investment was made in spotting and developing talent. Managers

 

had, once a month, to identify someone who had

 

the potential to progress. Often, they were someone working

on the till for a few hours after

 

school or in their college breaks. Talent develo

pment consisted of an 18

month

trainee

 

manager structured fast track development. Trainee managers can also be recruited directly

 

to the

programme, which involves on

the

job training to learn all aspects of the job as well as

 

external training

 

to be

retail specific. During the 18 months they

 

would be met bi

monthly to agree training objectives and there were

monthly milestones.

 

Their line manager was accountable for making sure they progressed and were adding

value

 

to the store. Eac

h ‘talent’ is assigned a mentor, with regular review meetings held. Mentoring,

 

however,

has proved something of a challenge, because in most cases the mentor has been

 

the trainee’s direct line

manager, with the result that meetings became more performance

 

reviews than true mentoring sessions. It has

proved difficult with the size of the company to

 

give people a different mentor. Mentoring has been more

successfully used with the store

 

managers, who each have been mentored by one of the Board members who

is

not their line

 

manager. Another unresolved aspect of the company’s talent management is that the system

 

only developed towards the position of trainee manager. There was no similar system for

 

development

towards supervisor although until the recent

economic downturn there was a

 

need. With the recession, there

is now a flood of external supervisors to choose from so

 

growing internal talent is no longer essential.

 

Source: Garavan, T.N., Hogan, C. and Cahir

O’Donnell, A. (2009) Developing

Managers and

 

Leaders. Dublin: Gill and Macmillan. Chapter 7, ‘Managing talent and succession in organizations.

 

 

c)

 

What are some of the specific challenges for talent management in the retail sector?

(

1

5

 

Points)

 

d)

 

Give any three recommendations to

improve talent management practices at Garvey? Critically explain

in light of the case about benefits your recommended practices will bring to the company. (1

5

 

Points)

 

 

4.

 

If you were the HR staffing manager for an organization, what guidelines might you rec

ommend

regarding formulation of a job offer

content

for a new joiner?

Explain your answer with examples

.

(2

0

 

Points)

 
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DISCUSSION POST – WEEK 3

Discussion 1 — Benefits of Training and Return on Investment (ROI) Strategies Use at least two resources from the class.

 

Companies are looking to cut costs. Unfortunately, some of the first cuts are felt in the training department. If you were a manager of a training division, how would you present your “Return on Investment” case that training is an important entity to your company? Support your position with at least one scholarly source (provide citation).

 

Discussion 2 – Reflection on Course Outcomes

 

Since we are at the end of this class, this is the perfect time to reflect upon the achievement of Course Outcomes. Please review the syllabus for the list of course outcomes. Considering the activities, assignments, etc., what course outcome has been most useful? What is one of the most surprising and/or valuable thing(s) you learned from this course that you did not know before or that you did not know you would study? How will it help you in the future? What would you recommend as an activity/assignment (or an improvement to an existing assignment)?

 

Discussion 3

 

As you read chapter 6 of your text, reflect on your own writing skills. How did you learn how to write? In your response, briefly describe your writing strengths and weaknesses and then describe the steps you plan to take to bolster your strengths and turn around your weaknesses. Be specific. Be sure to respond to the postings of at least 2 of your colleagues.

 

Discussion 4

 

Conduct a brief internet search and locate a piece of business writing. Be sure to provide a link to the page for us. Develop and share your in-depth analysis of the writing using the 8 Elements of Communication discussed in chapter 4 of the text. Respond to the ideas shared by at least 2 of your colleagues.

 

Discussion 5:

 

Assume you are employed as an HR manager for a large retail clothing store. You are tasked with hiring a sales clerk for an open position. The ideal candidate for this position will possess the following factors:

 

1. Have at least a high school education (bachelor’s or associate’s degree desirable).

 

2. Have experience as a sales clerk or in a related field (such as customer service).

 

3. Ability to work with currency and balance a cash drawer correctly.

 

4. Have good communication skills (for example, speak clearly, make good eye contact)

 

5: Have good interpersonal skills (for example, demonstrate patience and flexibility and develop rapport easily).

 

5: Have good selling skills (for example, ability to influence, persuasiveness).

 

6. Be motivated to work.

 

Part A: Evaluating Selection Methods

 

Identify which selection method (e.g., résumé, interview, test, role-play exercise, reference check or personality inventory) you would recommend for each of the six factors listed below. You can use the same selection method more than once if you believe it is appropriate for more than one factor.

 

1. Education – selection method: _________________________________________

 

Justification:

 

2. Work experience – selection method: _________________________________________

 

Justification:

 

3 Ability to work with currency – selection method: _____________________________

 

Justification:

 

4.Communication skills – selection method: ___________________________________

 

Justification:

 

5. Interpersonal skills – selection method: _______________________________________

 

Justification:

 

Work motivation – selection method: _________________________________________

 

Justification:

 

2007 SHRM. Marc C. Marchese, Ph.D.

 

Part B: Evaluating a Selection System

 

There are different ways to ensure that a selection system is working. One important method focuses on legal compliance. As indicated in the reading material, there are two types of discrimination: disparate treatment and disparate impact (also known as adverse impact).

 

Disparate treatment discrimination refers to treating applicants differently based on a protected characteristic (for example, age, sex, national origin, religion). Disparate impact discrimination may be unintentional because the intention was for all applicants to be treated equally; however, this equal treatment had an unequal effect related to a protected characteristic. The most common approach to identify adverse impact is to apply the four-fifths rule. The four-fifths rule states that adverse impact exists if the selection ratio of the minority group is less than four-fifths (or 80 percent) of the selection ratio of the majority group. The simplest way to calculate adverse impact is to divide the selection ratio of the minority group by the selection ratio of the majority group. If the result is less than 80%, then adverse impact exists.

 

The retail clothing store collected the following hiring data over the past seven years for Department Manager positions:

 

Males applied: 75; Males hired: 15

 

Females applied: 115; Females hired: 20

 

Caucasians applied: 150; Caucasians hired: 30

 

Minorities applied: 40; Minorities hired: 5

 

Calculate the selection ratios for the two groups:

 

Males: —————-

 

Females: ————–

 

Minorities: —————-

 

Non-Minorities: ___________

 

Does adverse impact exist when you compare the minority applicant pool with the non-minority applicant pool? Does adverse impact exist when you compare the female applicant pool with the male applicant pool? Show your calculation for both questions.

 

2007 SHRM. Marc C. Marchese, Ph.D.

 

Part C: Evaluating a Selection Process

 

Think about the concepts of reliability and validity in the context of the selection process. Describe what each one means, why it is important, and provide an example. How are reliability and validity related to each other and why is important for a selection process to be both valid and reliable?

 

You may use a word document if you like or provide your answers in the content of your response window.

 

Be sure to provide the references for the sources of the information you used to inform your analysis including the material provided in the classroom.

 

Discussion 6: Application

 

Read the Module 3 Case and in-depth scenario 1. Draft a 1 – 2 page (double-spaced) memo to the founders of HSS to address the issues with the selection practices. Specifically, include a) a discussion of the reasons why a selection strategy is necessary to hire the best candidates; b) an explanation to the founders regarding how the selection process should be based on valid and reliable selection criteria, including some examples; and c) a discussion of the selection criteria and methods that could have been used to avoid hiring the wrong candidate for the marketing manager position. You may use a word document if you like or provide your proposal in the content of your response window. Be sure to provide the references for the sources of the information you used including the material provided in the classroom.

 
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MGMT310 Quiz 1

Question 1 of 25

4.0 Points

Managers are responsible for getting activities completed efficiently and achieving the firm’s goals by utilizing:

[removed]A.Human, financial, and material resources

[removed]B.Information, human, and service resources

[removed]C.Human resources, organizational competitiveness, and organizational goals

[removed]D.Financial resources, top management, and organizational goals

Reset Selection

 

Question 2 of 25

4.0 Points

A difference between management and leadership can be defined in the following way

[removed]A.management is human capital, and leadership is directing staff

[removed]B.management is getting things done, and leadership is deciding what needs to be done

[removed]C.management is getting things done, and leadership is inspiring action taken by others

[removed]D.management is a position of authority or power, and leadership is inspiring action taken by others

Reset Selection

 

 

Question 3 of 25

4.0 Points

Three different types of planning used in the function of management are

[removed]A.strategic, tactical, and operational

[removed]B.strategic, organizational design, and job design

[removed]C.job design, job enrichment, and teamwork

[removed]D.strategic, organizational design, and operational

Question 4 of 25

4.0 Points

Triple bottom line refers to the measurement of business performance along

[removed]A.social, economic and organizational dimensions

[removed]B.social, economic and environmental dimensions

[removed]C.economic, organizational, and human performance dimensions

[removed]D.environmental, organizational and corporate responsibility

Question 5 of 25

4.0 Points

The difference between group and team is

 

 

[removed]A.A collection of people is a group and not necessarily a team

[removed]B.Complementary skills are found in a group but not a team

[removed]C.The aim and purpose of a group is to perform in the workplace

[removed]D.Groups are defined by their relatively small size

 

Question 6 of 25

4.0 Points

“The interests of one person should never take precedence over what is best for the company as a whole” is an explanation of which of Fayol’s principles of management:

[removed]A.Unity of command

[removed]B.Unity of direction

[removed]C.Subordination of individual interest

[removed]D.Discipline

Question 7 of 25

4.0 Points

The term social movement refers to a type of group that:

[removed]A.Imitates corporations to improve employee morale in organizations

[removed]B.Is focused on specific political or social issues

[removed]C.Mimic society

[removed]D.Performs activities outside the workplace

Question 8 of 25

4.0 Points

Working with people from different countries can be a challenge because of:

[removed]A.Language issues and different cultural norms

[removed]B.Cross-cultural misunderstandings

[removed]C.Different work skills according to cultural norms

[removed]D.Global strategic communication

 

Question 9 of 25

4.0 Points

People in societies where uncertainty avoidance is high want:

[removed]A.Are less rule-oriented

[removed]B.Tolerate a variety of opinions

[removed]C.Are open to change and taking risks

[removed]D.Want strict rules, laws and policies

uestion 10 of 25

4.0 Points

Firms with clearly communicated, widely understood and collectively shared mission and vision have been shown:

[removed]A.To create and advance technology

[removed]B.To embrace diversity

[removed]C.To perform better than those without them

[removed]D.To employ a smarter workforce

 

Question 11 of 25

4.0 Points

Organizational culture is defined by all of the following EXCEPT:

[removed]A.

Life experiences of the employees

[removed]B.Strengths and weakness of the staff

[removed]C.Organizational mission and vision statements

[removed]D.Education of the employe

Question 12 of 25

4.0 Points

The number of people who participate in a nominal group technique is generally:

 

[removed]A.1-5 participants

[removed]B.3-8 participants

[removed]C.6-10 participants

[removed]D.8-14 participants

 

Question 13 of 25

4.0 Points

Mission and vision development are analogous to which step in the principles of management framework:

[removed]A.

Planning

[removed]B.Organizing

[removed]C.Leading

[removed]D.Controlling

Question 14 of 25

4.0 Points

Strategy formulation answers the question:

[removed]A.

How do we execute a chosen strategy?

[removed]B.What should our strategy be?

[removed]C.Where does strategy fit in?

[removed]D.How is strategy applied to me?

Question 15 of 25

4.0 Points

The different aspects of strategy as distinguished by Mintzberg include which of the following?:

[removed]A.

Consequential

 

[removed]B.Differentiate

[removed]C.Realized

[removed]D.Permanent

Question 16 of 25

4.0 Points

Firms that do the product leadership strategy well include which of the following factors:

[removed]A.

Do not focus on innovation

[removed]B.Have superb operations and execution

[removed]C.Are in stagnant markets

[removed]D.Focus on development, innovation, design, and time to market

Question 17 of 25

4.0 Points

Which of the following is considered an intangible resources?:

[removed]A.

Scientific capabilities

[removed]B.Production equipment

[removed]C.Manufacturing plants

[removed]D.Formal reporting structures

 

Question 18 of 25

4.0 Points

The intensity of industry competition and an industry’s profit potential are a function of which of the following forces of competition?:

[removed]A.

Power of stockholders

[removed]B.Power or employees

[removed]C.Gobal economic conditions

[removed]D.Threats posed by new entrants

Question 19 of 25

4.0 Points

Goals are outcome statements that define what an organization is trying to accomplish:

[removed]A.

Programmatically

[removed]B.Organizationally

[removed]C.Both programmatically and organizationally

[removed]D.Internally

Question 20 of 25

4.0 Points

Characteristics of MBO includes which of the following?:

[removed]A.

Systematic and organized approach

[removed]B.Aims to improve employee morale

[removed]C.It improves communication by centralizes decision making

[removed]D.Used by managers to track their best customers

Question 21 of 25

4.0 Points

The following is NOT considered a best practice when managing performance evaluations:

[removed]A.Determine how best to use the Balanced Scorecard

[removed]B.Ensure that all key staff are involved in the development of the performance management processes

[removed]C.Provide additional training for supervisors on how to conduct the mid-year and year-end performance reviews

[removed]D.Plan to modify the performance management system over time

 

 

 

Question 22 of 25

4.0 Points

Among the top motivators driving corporations to engage in CSR include all of the following reasons EXCEPT:

[removed]A.Meeting or exceeding budget

[removed]B.Ethical considerations

[removed]C.Innovation and learning

[removed]D.Employee motivation

 

Question 23 of 25

4.0 Points

Self-development, individual initiative and organizational loyalty are:

[removed]A.Necessary in current principles of behavior in organizations

[removed]B.Examples of organizational citizenship behaviors

[removed]C.In-role performance standards

[removed]D.CSR standards for individual performance

Question 24 of 25

4.0 Points

The Gilbreths are most famous for:

[removed]A.Content Packaging

[removed]B.Times studies

[removed]C.Productivity reports

[removed]D.Time and motion studies

 

Question 25 of 25

4.0 Points

Social networks are often referred to as:

 

[removed]A. The invisible organization

[removed]B.Important to organizational culture

[removed]C.NIH

[removed]D.Important to the mission and vision of the organization

 

 
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