The document provides statistics on hiring at Symco Industries for engineering jobs in 2016. It asks questions about potential adverse impact in the hiring process based on these statistics. Specifically, it asks (a) if there is overall indication of discrimination based on the numbers, (b) if discrimination could be occurring at any stage of the process based on who, and (c) what argument the company could make in response to charges of discrimination. It then provides background on adverse impact analysis and different statistical tests that can be used to identify potential discrimination.
Section 162(q) of the recently enacted tax code shifts the focus of tax policies related to sexual harassment settlements. It prohibits employers from deducting sexual harassment settlement payments that are subject to non-disclosure agreements. This increased transparency is intended to incentivize employers to reduce sexual harassment risks and encourage more victims to report incidents. Employers can take steps like regular anti-harassment training, clear policies, impartial investigations, appropriate insurance, and partnering with carriers on claims handling to reduce exposure to sexual harassment claims.
Silence will cost: new tax code provisions means that if there is a non-disclosure agreement in a sexual harassment settlement, the payment and the attorney fees will no longer be eligible to be deducted as business expenses.
Note: If this publication all links are dead, but you need to download files from this publication, please send me a private message and I'll try to help you or emai to info@presslounge.vn for supporting
Disclaimer: We do not encourage illegal activity. References to a content protected by the copyright law, are given exclusively in the fact-finding purposes. If you liked the program, music or the book – buy it.
Letter Formatting Insert Date Insert Nam.docxcroysierkathey
Letter Formatting
<Insert Date>
<Insert Name of Letter Recipient >
<Insert Name of Company>
<Insert Company Address>
<Insert Company Address>
<Insert Name of Letter Recipient>,
Paragraph 1…Ideas: Introduce the event, make a connection between the event and the
company, and provide a fact about either where the vent will take place or when.
______________________________________________________________________
______________________________________________________________________
Paragraph 2…Provide additional facts about the event. Examples: a GENERIC overview of
the attendees (examples: families, couples, art enthusiasts, etc.), where or when the
event will take place (whichever was not used in paragraph 1), benefits to attendees,
other exciting facts about the event.
______________________________________________________________________
______________________________________________________________________
Paragraph 3…Provide an overview of the sponsorship opportunities. Ideas: monetary
ranges, 3-4 examples of potential benefits, excitement about their potential involvement.
______________________________________________________________________
______________________________________________________________________
Paragraph 4…Finish up with a simple and professional closing. Examples: Thank you for
your time and consideration, I look forward to speaking with you soon, I will be in touch
to answer any questions that you may have about the event.
______________________________________________________________________
______________________________________________________________________
<Insert Professional Salutation>,
<Insert Your Name>
<Insert Your Title>
MHR 6401, Employment Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
1. Discuss the legal significance of the employer-employee relationship.
1.1 Identify the regulation of employer-employee relationship through applicable law and judicial
decision.
1.2 Recognize types of workers and employers, and recognize when an employment relationship
exists.
Course/Unit
Learning Outcomes
Learning Activity
1.1
Unit Lesson
Chapter 1
Unit I Article Critique
1.2
Unit Lesson
Chapter 2
Unit I Article Critique
Reading Assignment
Chapter 1: Overview of Employment Law, pp. 3–33
Chapter 2: The Employment Relationship, pp. 35–63
Unit Lesson
Whether through discussion in the workplace or through your academic work, you likely have heard of the
concept of employment at-will. At its most basic level, being employed at-will means that your employer can
terminate you without cause at any time. Likewise, you can resign your employment at any time for any
reason. The vast majority of employment relationships in the United States are at-will. When jobs are plentiful
and good workers are scarce, it is advantageous for the employee to be able to move ...
This document summarizes resources for researching employment law issues related to banning the box and criminal background checks. It provides an overview of relevant primary and secondary sources.
The document first discusses background checks and their disproportionate impact on protected classes. It then summarizes key internet sources like the EEOC enforcement guidance and the All of Us or None initiative.
Next, it outlines important legal treatises on hiring and firing practices and the Labor and Employment Law treatise. Practice specific sources like a BNA Insights article on statistical tools for evaluating discrimination are also highlighted.
Finally, the document discusses relevant law review articles and American Law Reports that address issues like disparate impact discrimination from criminal background checks and public sector
Overall Comments Overall you made a nice start with your U02a1 .docxjacksnathalie
This document provides feedback from a faculty member on an assignment analyzing legal and regulatory issues related to staffing management. For most criteria evaluated, the faculty member provided basic or non-performance feedback, noting the student did not sufficiently analyze the key aspects of the case such as important issues, outcome, evidence of discriminatory effects, and how guidelines help avoid issues. The faculty member recommended developing more in-depth content on the case analyzed and ensuring it is a disparate impact case. Minor errors in formatting references were also noted.
The document discusses the moral and ethical issues involved in terminating an employee's employment, noting that employers must ensure all legal and ethical precautions have been taken before making the final decision to terminate in order to avoid potential consequences. It provides an example of an ethical dilemma regarding terminating an employee named John Sample and the issues he began experiencing in his personal life and work performance after two years on the job. Finally, it stresses that the decision to terminate an employee can impact current employee morale, so all alternatives should be exhausted before making the choice to terminate.
Section 162(q) of the recently enacted tax code shifts the focus of tax policies related to sexual harassment settlements. It prohibits employers from deducting sexual harassment settlement payments that are subject to non-disclosure agreements. This increased transparency is intended to incentivize employers to reduce sexual harassment risks and encourage more victims to report incidents. Employers can take steps like regular anti-harassment training, clear policies, impartial investigations, appropriate insurance, and partnering with carriers on claims handling to reduce exposure to sexual harassment claims.
Silence will cost: new tax code provisions means that if there is a non-disclosure agreement in a sexual harassment settlement, the payment and the attorney fees will no longer be eligible to be deducted as business expenses.
Note: If this publication all links are dead, but you need to download files from this publication, please send me a private message and I'll try to help you or emai to info@presslounge.vn for supporting
Disclaimer: We do not encourage illegal activity. References to a content protected by the copyright law, are given exclusively in the fact-finding purposes. If you liked the program, music or the book – buy it.
Letter Formatting Insert Date Insert Nam.docxcroysierkathey
Letter Formatting
<Insert Date>
<Insert Name of Letter Recipient >
<Insert Name of Company>
<Insert Company Address>
<Insert Company Address>
<Insert Name of Letter Recipient>,
Paragraph 1…Ideas: Introduce the event, make a connection between the event and the
company, and provide a fact about either where the vent will take place or when.
______________________________________________________________________
______________________________________________________________________
Paragraph 2…Provide additional facts about the event. Examples: a GENERIC overview of
the attendees (examples: families, couples, art enthusiasts, etc.), where or when the
event will take place (whichever was not used in paragraph 1), benefits to attendees,
other exciting facts about the event.
______________________________________________________________________
______________________________________________________________________
Paragraph 3…Provide an overview of the sponsorship opportunities. Ideas: monetary
ranges, 3-4 examples of potential benefits, excitement about their potential involvement.
______________________________________________________________________
______________________________________________________________________
Paragraph 4…Finish up with a simple and professional closing. Examples: Thank you for
your time and consideration, I look forward to speaking with you soon, I will be in touch
to answer any questions that you may have about the event.
______________________________________________________________________
______________________________________________________________________
<Insert Professional Salutation>,
<Insert Your Name>
<Insert Your Title>
MHR 6401, Employment Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
1. Discuss the legal significance of the employer-employee relationship.
1.1 Identify the regulation of employer-employee relationship through applicable law and judicial
decision.
1.2 Recognize types of workers and employers, and recognize when an employment relationship
exists.
Course/Unit
Learning Outcomes
Learning Activity
1.1
Unit Lesson
Chapter 1
Unit I Article Critique
1.2
Unit Lesson
Chapter 2
Unit I Article Critique
Reading Assignment
Chapter 1: Overview of Employment Law, pp. 3–33
Chapter 2: The Employment Relationship, pp. 35–63
Unit Lesson
Whether through discussion in the workplace or through your academic work, you likely have heard of the
concept of employment at-will. At its most basic level, being employed at-will means that your employer can
terminate you without cause at any time. Likewise, you can resign your employment at any time for any
reason. The vast majority of employment relationships in the United States are at-will. When jobs are plentiful
and good workers are scarce, it is advantageous for the employee to be able to move ...
This document summarizes resources for researching employment law issues related to banning the box and criminal background checks. It provides an overview of relevant primary and secondary sources.
The document first discusses background checks and their disproportionate impact on protected classes. It then summarizes key internet sources like the EEOC enforcement guidance and the All of Us or None initiative.
Next, it outlines important legal treatises on hiring and firing practices and the Labor and Employment Law treatise. Practice specific sources like a BNA Insights article on statistical tools for evaluating discrimination are also highlighted.
Finally, the document discusses relevant law review articles and American Law Reports that address issues like disparate impact discrimination from criminal background checks and public sector
Overall Comments Overall you made a nice start with your U02a1 .docxjacksnathalie
This document provides feedback from a faculty member on an assignment analyzing legal and regulatory issues related to staffing management. For most criteria evaluated, the faculty member provided basic or non-performance feedback, noting the student did not sufficiently analyze the key aspects of the case such as important issues, outcome, evidence of discriminatory effects, and how guidelines help avoid issues. The faculty member recommended developing more in-depth content on the case analyzed and ensuring it is a disparate impact case. Minor errors in formatting references were also noted.
The document discusses the moral and ethical issues involved in terminating an employee's employment, noting that employers must ensure all legal and ethical precautions have been taken before making the final decision to terminate in order to avoid potential consequences. It provides an example of an ethical dilemma regarding terminating an employee named John Sample and the issues he began experiencing in his personal life and work performance after two years on the job. Finally, it stresses that the decision to terminate an employee can impact current employee morale, so all alternatives should be exhausted before making the choice to terminate.
The document discusses ethical issues related to employer responsibilities and employee rights in the workplace. It covers topics like due process, employment at will, health and safety, diversity, and downsizing. The chapter objectives are to help readers understand concepts like due process, employment at will, health and safety responsibilities, regulation of global labor, and managing diversity and downsizing ethically.
Running Head BITCOIN WALLET1BITCOIN WALLET2.docxhealdkathaleen
Running Head: BITCOIN WALLET 1
BITCOIN WALLET 2
Bitcoin Wallet
Student’s Name: Sandeep Kumar Jannu
Professor’s Name: Micheal Soloman
Date: 08/09/2019
Question 1: Set up your own Bitcoin wallet and take a screen shot that includes
My Bitcoin URI and Address.
MHR 6401, Employment Law 1
Course Learning Outcomes for Unit V
Upon completion of this unit, students should be able to:
1. Discuss the legal significance of the employer-employee relationship.
1.1 Explain the regulation of wages and hours under the Fair Labor Standards Act (FLSA).
1.2 Assess the legal issues surrounding FLSA that employers face.
4. Characterize conduct that violates federal anti-discrimination laws in employment.
4.1 Determine the elements of a prima facie case of pay discrimination under the Equal Pay Act.
Course/Unit
Learning Outcomes
Learning Activity
1.1
Unit Lesson
Chapter 12
Unit V Case Study
1.2
Unit Lesson
Chapter 12
Unit V Case Study
4.1
Unit Lesson
Chapter 12
Unit V Case Study
Reading Assignment
Chapter 12: Wages, Hours, and Pay Equity, pp. 419–455
Unit Lesson
In a 2013 survey by the Society of Human Resource Management (SHRM as cited in Miller, 2014), 60
percent of employees rated pay as “very important” and 36 percent rated it as “important.” These ratings
made pay the top contributor to overall job satisfaction, surpassing job security.
While pay may not always take the top spot in survey results such as the SHRM survey, pay is usually much
higher among the leadership of an organization, and the significance and sometimes disparity of pay in the
employer-employee relationship cannot be refuted (Miller, 2014). Employees rely on compensation to support
themselves and their families. Employers have an interest in holding expenses down, including pay, but must
pay what the market requires for talent that drives the organization’s success. Employees want equitable pay
relative to their coworkers and commensurate with their skills. Employers must navigate complex legal
regulation of wages and hours, as individual states become more active in adding regulations and
requirements to existing federal law.
UNIT V STUDY GUIDE
Wages and Hours
MHR 6401, Employment Law 2
UNIT x STUDY GUIDE
Title
As pay and compensation is an issue that
affects every worker in an organization,
human resources must play a key role in
setting policy and insuring practices are
fair and compliant. At the federal level
alone, there are five laws that address
compensation and equal pay. Title VII of
the Civil Rights Act of 1964 prohibits
discrimination based on race, color,
national origin, gender, and religion in pay
and pay-related terms of employment,
including promotion and job placement.
The first bill signed into law by President
Obama was the Lilly Ledbetter Fair Pay
Act of 2009. It addressed the situation
where the discriminatory act that caused
an employee in a pro ...
What Is Bfoq And List To Which Characteristics It AppliesSheena Crouch
1. Military status protection covers the employment rights of military veterans and reservists under laws like VERA and USERRA.
2. VERA prohibits employment discrimination against Vietnam veterans. USERRA protects the reemployment rights of those serving in the uniformed services.
3. USERRA seeks to ensure those serving their country can retain civilian employment and benefits, and seek employment free from discrimination due to their service. It expands the time absent from work for military duty while retaining reemployment rights.
This document is a comment submitted to the Pennsylvania Human Relations Commission in support of criminal background checks in employment. It argues that such checks help employers make informed hiring decisions, protect vulnerable groups, and reduce criminal recidivism. It also argues that failing to conduct background checks increases employers' risk of negligent hiring lawsuits, as courts increasingly find employers liable for harm caused by employees with criminal histories that could have been discovered. Several examples of large negligent hiring lawsuits are provided to support this point. The comment urges the PHRC to endorse broader employer use and access to criminal records for employment screening.
eBbook: The Fair Pay Act and Implications For Compensation ModelingThomas Econometrics
The Fair Pay Act requires the examination of not only compensation decisions made during the class period, but also compensation decisions and “all other employment practices” that affect compensation, regardless of when in the course of the individual’s employment such practices began.
This document discusses several key aspects of equal employment opportunity laws and avoiding discrimination in the workplace. It covers requirements under the ADA to reasonably accommodate disabled employees. It also discusses defenses against discrimination claims including validating employment tests. Finally, it outlines steps to establish a diversity management program including assessing the situation, providing leadership and training, changing culture and systems, and evaluating the program.
This document discusses how disparate impact, which occurs when employment tools negatively impact protected subgroups, is not unique to cognitive ability tests. Many commonly used hiring tools like education requirements, licensure, credit checks, background checks, and physical criteria exhibit disparate impact based on race, sex or age. However, employers can legally use tools that have disparate impact if they are shown to be job-related and consistent with business necessity, such as through content or criterion validity. Cognitive ability tests tend to have more scientific evidence directly linking them to workplace performance compared to other commonly used hiring tools.
FINAL Employers Guide to Best Practices 2013 (1)Julie Sweeney
The document provides guidance to employers on safely limiting the use of criminal records in hiring. It advises that the Equal Employment Opportunity Commission (EEOC) has issued guidelines for employers related to adverse hiring actions based on criminal history. The EEOC's guidelines reflect disparities in incarceration rates among different racial groups. The employer should consider the nature of any offenses, time passed since conviction, and relevance to the job. Failure to comply with these and other federal laws like the Fair Credit Reporting Act (FCRA) could result in legal liability for employers.
Unit 8 Assessment Collective BargainingHow does an arbitrator .docxmarilucorr
Unit 8 Assessment Collective Bargaining
How does an arbitrator determine that a company had just cause for taking a disciplinary action? What remedy might an arbitrator choose if a company did not have just cause? Will the process be different if the organization does not have union representation? If so how?
Your response should be at least 300 words in length.
By what means can collective bargaining agreements be enforced? Discuss the five principles that govern the arbitration of grievances under collective bargaining. What measures are utilized in non-union environments?
Your response should be at least 300 words in length.
BHR 4350, Collective Bargaining 1
Course Learning Outcomes for Unit VIII
Upon completion of this unit, students should be able to:
7. Interpret arbitration of statutory rights in union and non-union cases.
Reading Assignment
Chapter 10:
Unfair Labor Practices and Contract Enforcement
Chapter 12:
The Arbitration Process
Chapter 13:
Comparative Global Industrial Relations
Unit Lesson
Working in either union or nonunion environments, employees have made statements about the way the
company operates in regards to how employees are treated and the overall organization employment
practices. Some of the things that occur within many organizations make employees disgruntled and can lead
to low company morale. When this occurs, many employees either seek other employment opportunities or
look to file complaints about the organization.
Chapter 10 in your textbook provides a great overview of unfair labor practices and contract enforcement in
union environments. The National Labor Relations Act (NLRA), as with any law, requires effective
enforcement of the collective bargaining agreement. Certain actions taken by employers or unions that violate
the NLRA are known as unfair labor practices. Such acts may be investigated by the NLRB and may also lead
to grievances being filed, mediation, and arbitration (Carrell & Heavrin, 2013). Unfair labor practices can
include, but is not limited to:
1. companies interfering with organizing a bargaining unit,
2. organizing campaign,
3. discrimination against union members, and
4. refusal to bargain (Carrell & Heavrin, 2013).
There are many guidelines set in place that employers and unions should follow; however, unfair labor
practices have been noted on both sides. Tips From the Expert, on the bottom of page 378 and top of page
379 in the textbook, spark interest. This section discusses the most common unfair labor practices unions and
management should avoid and how they can do so. Please be certain to read this section as it provides a
great overview of unfair labor practices from both sides.
With unfair labor practices, companies try to avoid employee walkouts and strikes. This is always a major
concern. As discussed in the previous unit, many organizations have grievance procedures that employees
should ad ...
Memphis business journal.tips to assist employers in creating a harassment fr...Barbara Richman, SPHR
The EEOC has established harassment prevention as one of its six national enforcement priorities for 2013-2016. It will conduct outreach campaigns and pursue investigations and litigation to deter workplace harassment. In 2012, retaliation, race, and sex discrimination, including sexual harassment, were the most common charges filed with the EEOC. The article provides 16 tips for employers to help create a harassment-free workplace, such as instituting an anti-harassment policy, establishing complaint procedures, training employees and managers, and investigating all harassment claims promptly.
This document summarizes a webinar on employment issues related to the COVID-19 pandemic. It discusses topics like furloughs versus layoffs, unemployment compensation, employer liability for employees contracting COVID-19 at work, new sick leave and FMLA policies, screening employees, and guidelines for returning to work. For layoffs and furloughs, it provides checklists of legal issues and a 10-step process for managing legal risks in layoffs. It also discusses how the new Utah immunity law protects businesses from liability for customers contracting COVID-19, but does not change employer liability for employees.
EEOC Testimony of Lorene Schaefer. EEOC Public Hearing on the EEOC's Development of a Quality Control Plan for Private Sector Investigations and Conciliations.
Running head ERISA AND EEOC1ERISA AND EEOC6.docxtodd271
Running head: ERISA AND EEOC 1
ERISA AND EEOC 6
Comparing and Contrasting ERISA and EEOC
Keri King
Module 5
Comparing and Contrasting ERISA and EEOC
Employee Retirement Income Security Act (ERISA) protects Americans’ retirement assets through the implementation of procedures that qualified plans must adhere to. In the context, the intention is ensuring that fiduciaries do not misuse plan assets. Moreover, it formulates minimum standards for participation, vesting, benefit accrual, and funding of retirement plans. In this case, participants in the retirement plan are entitled to sue either for benefits or breaches of fiduciary duty.
The Equal Employment Opportunity Commission, on the other hand, enforces federal laws regarding discrimination or harassment of job applicants or other employees in the United States of America. In the context, it investigates discrimination charges that are leveled against employers, companies being subject to the law if they have at least 15 employees. Unlike ERISA, EEOC highlights acceptable practices that employers should engage in as well as those that should be shunned. As an illustration, it provides that an employer should not publish a job advertisement that exhibits some preference for a group of people based on sex, color, age, and the like.
Although some similarities exist between ERISA and EEOC, it is worth noting that the functionality and provisions therein involve a great deal of differences. In my view, the appropriate methodology for the presentation of the differences would be the discussion of individual provisions of both ERISA and EEOC.
ERISA cover involves a myriad of benefits, one of which is medical, surgical, or hospital care. Under it, a participant who is admitted to medical facilities either for basic medical care or comprehensive check-up enjoys ERISA cover. The other benefit is that of sickness, accident, disability, or death. The implication in the case is that a participant who is admitted to the hospital enjoys full medical cover. Moreover, a beneficiary who suffers an accident and sustains an injury of whichever magnitude would receive some benefits to enable them to push on with a decent life. In case of death, however, the participant’s beneficiaries receive compensation for the avoidance of interruption of their lives due to the loss of the breadwinner. The cover also entails unemployment benefits for the extension of a stipend on a regular basis during the period of loss of employment (Anderson, 2015). In this case, the stipend may be extended on a monthly basis to enable the participant to cater to the needs of his family members. The cover also entails vacation benefits, whereby the participants who are on leave continue to enjoy the compensation benefits they would have if they were working. The benefits therein encourage participants to proceed on vacation, where they gain the opportunity to refresh and plan for future endeavors. Notably, the .
Required readings· · From Managing human resources Productiv.docxsodhi3
Required readings:
·
· From Managing human resources: Productivity, quality of work life, profits (9th ed.), read the following chapters:
· The legal context of employment decisions
· Procedural justice and ethics in employee relations
· Safety, health, and employee assistance programs
Unit 3: Module 3 (Sep 12 - Sep 18)
Module 3 Overview
This module focuses on specific civil rights and labor laws that govern HR policies and practices. You will also explore legal and ethical issues based on a scenario.
In Module 1, we discussed the four forces that shape HR strategies:
· Social
· Technological
· Economic
· Political
Federal, state, and local laws affect all of these domains, and your understanding of legal and governmental mandates and standards is vital to formulating a viable HR strategy.
Many legislative and legal constraints affect business policies and HR planning. Understanding these issues can help avoid financial and legal issues in the future. For example, is an employee with diabetes who takes daily insulin protected by the Americans with Disabilities Act (ADA)? The answer is yes (The U.S. Equal Employment Opportunity Commission, 2008). If your managers fail to understand the ramifications of this detail, they could (even inadvertently) harass or otherwise discriminate against an employee who may file a complaint with the Equal Employment Opportunity Commission (EEOC). Your organization then may incur legal expenses to defend or settle the dispute, all of which could be very expensive.
We will examine some of the major federal laws that impact HR on the following pages. You may also wish to explore the resources provided by SHRM and ASTD for best practices and benchmarks in civil rights and labor laws. HR professionals could refer to these sources for talent management as well.
Strategic HR addresses legal and regulatory issues in terms of planning and policy. It helps guide businesses and organizations through red tape and encumbrances.
In the first assignment in this module, you will discuss the federal, state, and local laws that drive HR policies, procedures, and practices. The second assignment will be your first Required Assignment of this course. You will identify ethical and legal issues involved in a merger and develop a plan to resolve these issues.
The U.S. Equal Employment Opportunity Commission. (2008). The ADA: Your responsibilities as an employer. Retrieved fromhttp://www.eeoc.gov/facts/ada17.html
Using the navigation on the left, please proceed to the next page.
· Incorporate strategic human resource management principles in the development of programs that meet organizational needs and enable the organization to maintain a competitive advantage.
· Distinguish between ethical and unethical behavior given certain organizational circumstances (both domestic and international) based on knowledge of basic employment law and ethical principles.
· Recommend talent management strategies that support the HR strategi ...
This week we are going to participate in a.docxwrite5
This week students will participate in a debate on whether the French Revolution was worth its human cost. They will be split into two groups - one arguing yes and one arguing no. The group arguing yes will analyze an excerpt from Peter Kropotkin's book The Great French Revolution 1789-1793 to defend their position that the French Revolution was worth its significant human toll.
This week begins an overview of the Research In.docxwrite5
This document provides an overview of the research process for an academic paper. It discusses considering thesis, motive, structure, finding topics, audience, and structuring the argument with initial research. The document recommends reviewing a guide to the elements of academic writing and lists three online writing support resources as samples for additional academic support.
This week you are exploring what it means to have.docxwrite5
This week students are exploring the concept of privilege in different aspects of life. Having privilege means having some form of power through access to goods, services, education, or other resources. Those with privilege may not be aware of how they benefit from it. The document instructs students to complete a chart about their membership in dominant or subordinate groups, and to write a response addressing how privilege has shaped their life opportunities and experiences. They are asked to consider forms of privilege like race, socioeconomic status, and education.
Watch the TED Talk for Chapter 8 on Pay.docxwrite5
The document summarizes a TED Talk video about IQ and different types of intelligence. It asks the viewer to pay close attention to how the speaker defines IQ and also discusses other forms of intelligence. It prompts the viewer to consider how their own definition of intelligence compares to what was presented in the video, and whether research supports the claims made in the talk. It provides a link to the TED Talk video and instructs the viewer to write an initial post of at least 200 words discussing these topics and including a scholarly reference.
The value of diversity in groups and society is continually.docxwrite5
Diversity in groups and organizations is often debated, as it can provide both benefits and challenges, especially in the workplace where diversity awareness has changed how companies operate. Having diversity of things like background, experience and thought can strengthen a group by bringing different perspectives and ideas, though managing diversity also has complications. Diverse work teams can foster innovation but may also face communication difficulties.
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Similar to AMU Management Adverse Impact Exercise Questions.docx
The document discusses ethical issues related to employer responsibilities and employee rights in the workplace. It covers topics like due process, employment at will, health and safety, diversity, and downsizing. The chapter objectives are to help readers understand concepts like due process, employment at will, health and safety responsibilities, regulation of global labor, and managing diversity and downsizing ethically.
Running Head BITCOIN WALLET1BITCOIN WALLET2.docxhealdkathaleen
Running Head: BITCOIN WALLET 1
BITCOIN WALLET 2
Bitcoin Wallet
Student’s Name: Sandeep Kumar Jannu
Professor’s Name: Micheal Soloman
Date: 08/09/2019
Question 1: Set up your own Bitcoin wallet and take a screen shot that includes
My Bitcoin URI and Address.
MHR 6401, Employment Law 1
Course Learning Outcomes for Unit V
Upon completion of this unit, students should be able to:
1. Discuss the legal significance of the employer-employee relationship.
1.1 Explain the regulation of wages and hours under the Fair Labor Standards Act (FLSA).
1.2 Assess the legal issues surrounding FLSA that employers face.
4. Characterize conduct that violates federal anti-discrimination laws in employment.
4.1 Determine the elements of a prima facie case of pay discrimination under the Equal Pay Act.
Course/Unit
Learning Outcomes
Learning Activity
1.1
Unit Lesson
Chapter 12
Unit V Case Study
1.2
Unit Lesson
Chapter 12
Unit V Case Study
4.1
Unit Lesson
Chapter 12
Unit V Case Study
Reading Assignment
Chapter 12: Wages, Hours, and Pay Equity, pp. 419–455
Unit Lesson
In a 2013 survey by the Society of Human Resource Management (SHRM as cited in Miller, 2014), 60
percent of employees rated pay as “very important” and 36 percent rated it as “important.” These ratings
made pay the top contributor to overall job satisfaction, surpassing job security.
While pay may not always take the top spot in survey results such as the SHRM survey, pay is usually much
higher among the leadership of an organization, and the significance and sometimes disparity of pay in the
employer-employee relationship cannot be refuted (Miller, 2014). Employees rely on compensation to support
themselves and their families. Employers have an interest in holding expenses down, including pay, but must
pay what the market requires for talent that drives the organization’s success. Employees want equitable pay
relative to their coworkers and commensurate with their skills. Employers must navigate complex legal
regulation of wages and hours, as individual states become more active in adding regulations and
requirements to existing federal law.
UNIT V STUDY GUIDE
Wages and Hours
MHR 6401, Employment Law 2
UNIT x STUDY GUIDE
Title
As pay and compensation is an issue that
affects every worker in an organization,
human resources must play a key role in
setting policy and insuring practices are
fair and compliant. At the federal level
alone, there are five laws that address
compensation and equal pay. Title VII of
the Civil Rights Act of 1964 prohibits
discrimination based on race, color,
national origin, gender, and religion in pay
and pay-related terms of employment,
including promotion and job placement.
The first bill signed into law by President
Obama was the Lilly Ledbetter Fair Pay
Act of 2009. It addressed the situation
where the discriminatory act that caused
an employee in a pro ...
What Is Bfoq And List To Which Characteristics It AppliesSheena Crouch
1. Military status protection covers the employment rights of military veterans and reservists under laws like VERA and USERRA.
2. VERA prohibits employment discrimination against Vietnam veterans. USERRA protects the reemployment rights of those serving in the uniformed services.
3. USERRA seeks to ensure those serving their country can retain civilian employment and benefits, and seek employment free from discrimination due to their service. It expands the time absent from work for military duty while retaining reemployment rights.
This document is a comment submitted to the Pennsylvania Human Relations Commission in support of criminal background checks in employment. It argues that such checks help employers make informed hiring decisions, protect vulnerable groups, and reduce criminal recidivism. It also argues that failing to conduct background checks increases employers' risk of negligent hiring lawsuits, as courts increasingly find employers liable for harm caused by employees with criminal histories that could have been discovered. Several examples of large negligent hiring lawsuits are provided to support this point. The comment urges the PHRC to endorse broader employer use and access to criminal records for employment screening.
eBbook: The Fair Pay Act and Implications For Compensation ModelingThomas Econometrics
The Fair Pay Act requires the examination of not only compensation decisions made during the class period, but also compensation decisions and “all other employment practices” that affect compensation, regardless of when in the course of the individual’s employment such practices began.
This document discusses several key aspects of equal employment opportunity laws and avoiding discrimination in the workplace. It covers requirements under the ADA to reasonably accommodate disabled employees. It also discusses defenses against discrimination claims including validating employment tests. Finally, it outlines steps to establish a diversity management program including assessing the situation, providing leadership and training, changing culture and systems, and evaluating the program.
This document discusses how disparate impact, which occurs when employment tools negatively impact protected subgroups, is not unique to cognitive ability tests. Many commonly used hiring tools like education requirements, licensure, credit checks, background checks, and physical criteria exhibit disparate impact based on race, sex or age. However, employers can legally use tools that have disparate impact if they are shown to be job-related and consistent with business necessity, such as through content or criterion validity. Cognitive ability tests tend to have more scientific evidence directly linking them to workplace performance compared to other commonly used hiring tools.
FINAL Employers Guide to Best Practices 2013 (1)Julie Sweeney
The document provides guidance to employers on safely limiting the use of criminal records in hiring. It advises that the Equal Employment Opportunity Commission (EEOC) has issued guidelines for employers related to adverse hiring actions based on criminal history. The EEOC's guidelines reflect disparities in incarceration rates among different racial groups. The employer should consider the nature of any offenses, time passed since conviction, and relevance to the job. Failure to comply with these and other federal laws like the Fair Credit Reporting Act (FCRA) could result in legal liability for employers.
Unit 8 Assessment Collective BargainingHow does an arbitrator .docxmarilucorr
Unit 8 Assessment Collective Bargaining
How does an arbitrator determine that a company had just cause for taking a disciplinary action? What remedy might an arbitrator choose if a company did not have just cause? Will the process be different if the organization does not have union representation? If so how?
Your response should be at least 300 words in length.
By what means can collective bargaining agreements be enforced? Discuss the five principles that govern the arbitration of grievances under collective bargaining. What measures are utilized in non-union environments?
Your response should be at least 300 words in length.
BHR 4350, Collective Bargaining 1
Course Learning Outcomes for Unit VIII
Upon completion of this unit, students should be able to:
7. Interpret arbitration of statutory rights in union and non-union cases.
Reading Assignment
Chapter 10:
Unfair Labor Practices and Contract Enforcement
Chapter 12:
The Arbitration Process
Chapter 13:
Comparative Global Industrial Relations
Unit Lesson
Working in either union or nonunion environments, employees have made statements about the way the
company operates in regards to how employees are treated and the overall organization employment
practices. Some of the things that occur within many organizations make employees disgruntled and can lead
to low company morale. When this occurs, many employees either seek other employment opportunities or
look to file complaints about the organization.
Chapter 10 in your textbook provides a great overview of unfair labor practices and contract enforcement in
union environments. The National Labor Relations Act (NLRA), as with any law, requires effective
enforcement of the collective bargaining agreement. Certain actions taken by employers or unions that violate
the NLRA are known as unfair labor practices. Such acts may be investigated by the NLRB and may also lead
to grievances being filed, mediation, and arbitration (Carrell & Heavrin, 2013). Unfair labor practices can
include, but is not limited to:
1. companies interfering with organizing a bargaining unit,
2. organizing campaign,
3. discrimination against union members, and
4. refusal to bargain (Carrell & Heavrin, 2013).
There are many guidelines set in place that employers and unions should follow; however, unfair labor
practices have been noted on both sides. Tips From the Expert, on the bottom of page 378 and top of page
379 in the textbook, spark interest. This section discusses the most common unfair labor practices unions and
management should avoid and how they can do so. Please be certain to read this section as it provides a
great overview of unfair labor practices from both sides.
With unfair labor practices, companies try to avoid employee walkouts and strikes. This is always a major
concern. As discussed in the previous unit, many organizations have grievance procedures that employees
should ad ...
Memphis business journal.tips to assist employers in creating a harassment fr...Barbara Richman, SPHR
The EEOC has established harassment prevention as one of its six national enforcement priorities for 2013-2016. It will conduct outreach campaigns and pursue investigations and litigation to deter workplace harassment. In 2012, retaliation, race, and sex discrimination, including sexual harassment, were the most common charges filed with the EEOC. The article provides 16 tips for employers to help create a harassment-free workplace, such as instituting an anti-harassment policy, establishing complaint procedures, training employees and managers, and investigating all harassment claims promptly.
This document summarizes a webinar on employment issues related to the COVID-19 pandemic. It discusses topics like furloughs versus layoffs, unemployment compensation, employer liability for employees contracting COVID-19 at work, new sick leave and FMLA policies, screening employees, and guidelines for returning to work. For layoffs and furloughs, it provides checklists of legal issues and a 10-step process for managing legal risks in layoffs. It also discusses how the new Utah immunity law protects businesses from liability for customers contracting COVID-19, but does not change employer liability for employees.
EEOC Testimony of Lorene Schaefer. EEOC Public Hearing on the EEOC's Development of a Quality Control Plan for Private Sector Investigations and Conciliations.
Running head ERISA AND EEOC1ERISA AND EEOC6.docxtodd271
Running head: ERISA AND EEOC 1
ERISA AND EEOC 6
Comparing and Contrasting ERISA and EEOC
Keri King
Module 5
Comparing and Contrasting ERISA and EEOC
Employee Retirement Income Security Act (ERISA) protects Americans’ retirement assets through the implementation of procedures that qualified plans must adhere to. In the context, the intention is ensuring that fiduciaries do not misuse plan assets. Moreover, it formulates minimum standards for participation, vesting, benefit accrual, and funding of retirement plans. In this case, participants in the retirement plan are entitled to sue either for benefits or breaches of fiduciary duty.
The Equal Employment Opportunity Commission, on the other hand, enforces federal laws regarding discrimination or harassment of job applicants or other employees in the United States of America. In the context, it investigates discrimination charges that are leveled against employers, companies being subject to the law if they have at least 15 employees. Unlike ERISA, EEOC highlights acceptable practices that employers should engage in as well as those that should be shunned. As an illustration, it provides that an employer should not publish a job advertisement that exhibits some preference for a group of people based on sex, color, age, and the like.
Although some similarities exist between ERISA and EEOC, it is worth noting that the functionality and provisions therein involve a great deal of differences. In my view, the appropriate methodology for the presentation of the differences would be the discussion of individual provisions of both ERISA and EEOC.
ERISA cover involves a myriad of benefits, one of which is medical, surgical, or hospital care. Under it, a participant who is admitted to medical facilities either for basic medical care or comprehensive check-up enjoys ERISA cover. The other benefit is that of sickness, accident, disability, or death. The implication in the case is that a participant who is admitted to the hospital enjoys full medical cover. Moreover, a beneficiary who suffers an accident and sustains an injury of whichever magnitude would receive some benefits to enable them to push on with a decent life. In case of death, however, the participant’s beneficiaries receive compensation for the avoidance of interruption of their lives due to the loss of the breadwinner. The cover also entails unemployment benefits for the extension of a stipend on a regular basis during the period of loss of employment (Anderson, 2015). In this case, the stipend may be extended on a monthly basis to enable the participant to cater to the needs of his family members. The cover also entails vacation benefits, whereby the participants who are on leave continue to enjoy the compensation benefits they would have if they were working. The benefits therein encourage participants to proceed on vacation, where they gain the opportunity to refresh and plan for future endeavors. Notably, the .
Required readings· · From Managing human resources Productiv.docxsodhi3
Required readings:
·
· From Managing human resources: Productivity, quality of work life, profits (9th ed.), read the following chapters:
· The legal context of employment decisions
· Procedural justice and ethics in employee relations
· Safety, health, and employee assistance programs
Unit 3: Module 3 (Sep 12 - Sep 18)
Module 3 Overview
This module focuses on specific civil rights and labor laws that govern HR policies and practices. You will also explore legal and ethical issues based on a scenario.
In Module 1, we discussed the four forces that shape HR strategies:
· Social
· Technological
· Economic
· Political
Federal, state, and local laws affect all of these domains, and your understanding of legal and governmental mandates and standards is vital to formulating a viable HR strategy.
Many legislative and legal constraints affect business policies and HR planning. Understanding these issues can help avoid financial and legal issues in the future. For example, is an employee with diabetes who takes daily insulin protected by the Americans with Disabilities Act (ADA)? The answer is yes (The U.S. Equal Employment Opportunity Commission, 2008). If your managers fail to understand the ramifications of this detail, they could (even inadvertently) harass or otherwise discriminate against an employee who may file a complaint with the Equal Employment Opportunity Commission (EEOC). Your organization then may incur legal expenses to defend or settle the dispute, all of which could be very expensive.
We will examine some of the major federal laws that impact HR on the following pages. You may also wish to explore the resources provided by SHRM and ASTD for best practices and benchmarks in civil rights and labor laws. HR professionals could refer to these sources for talent management as well.
Strategic HR addresses legal and regulatory issues in terms of planning and policy. It helps guide businesses and organizations through red tape and encumbrances.
In the first assignment in this module, you will discuss the federal, state, and local laws that drive HR policies, procedures, and practices. The second assignment will be your first Required Assignment of this course. You will identify ethical and legal issues involved in a merger and develop a plan to resolve these issues.
The U.S. Equal Employment Opportunity Commission. (2008). The ADA: Your responsibilities as an employer. Retrieved fromhttp://www.eeoc.gov/facts/ada17.html
Using the navigation on the left, please proceed to the next page.
· Incorporate strategic human resource management principles in the development of programs that meet organizational needs and enable the organization to maintain a competitive advantage.
· Distinguish between ethical and unethical behavior given certain organizational circumstances (both domestic and international) based on knowledge of basic employment law and ethical principles.
· Recommend talent management strategies that support the HR strategi ...
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1. (Mt) – AMU Management Adverse Impact Exercise Questions
Adverse Impact Exercise Symco Industries has been in a rapid growth mode for the past
year. The company has worked hard to recruit the number of employees needed to fill
organizational vacancies. However, because of the pace of recruitment and hiring, the
company has not had an opportunity to look at its hiring data with regard to EEO
considerations. A sequential, non-compensatory hiring approach is employed. That is,
candidates must “pass” each stage to be hired. Below are the recruitment and hiring
statistics for 2016 for the engineering job family. Using the 4/5 rule as a guide, examine the
data and answer the following questions: (a) From the data presented below, is there any
“overall” indication of discrimination? If yes, what type of discrimination is occurring? How
do you know? Show all calculations. (b) Examine the entire employment process. Is there
potential for discrimination occurring at any stage in the process? If yes, who is being
discriminated against and where in the process is discrimination occurring? Show all
calculations. (c) What argument, if any, could the company make in response to charges of
discrimination based on the adverse impact analysis? Employment Stage Applications
Received Applicants Interviewed Applicants Tested Job Offers Made Men 200 160 140 120
Women 100 80 40 40 Minority 100 80 60 40 Non-Minority 200 160 120 120 A Primer on
Adverse Impact Analysis Joanna Colosimo – Consultant July 2010 The concept of adverse
impact is likely familiar to employers who have complied with Title VII of the Civil Right Act
of 1964. In this context, adverse impact refers to substantial differences in employment
decision rates between groups (UGESP, 1978). In situations where a specific selection
procedure causes adverse impact, the employer must conduct research to defend the
selection procedure that caused the impact and/or consider alternatives to that procedure.
Of course, analyses comparing employment rates between two groups can also be used as
evidence in disparate treatment pattern or practice cases, particularly when selection
processes are unstructured and highly subjective. Regardless of whether an allegation of
discrimination is intentional or unintentional, disparities in employment decision rates can
be the foundation of high profile class action lawsuits. Recently the issue of adverse impact
has received substantial attention from federal contractors that must comply with
Executive Order 11246. In this context, adverse impact analyses are conducted on
personnel data (i.e., hiring, promotions, terminations, etc.) submitted as part of an
Affirmative Action Plan. Both the Equal Employment Opportunity Commission (EEOC) and
the Office of Federal Contract Compliance Programs (OFCCP) have recently invested
substantial resources in failureto-hire cases where disparities in selection were the focus.
2. For example, in 2007 the EEOC published guidance on a variety of EEO considerations
related to employee selection and testing that included a significant amount of information
related to disparate impact issues 1. Further, 1 In 2007 the EEOC published guidance on
EEO considerations in employment testing and selection, which can be found at:
http://www.eeoc.gov/policy/docs/factemployment_procedures.html. 1 Copyright 2010
DCI Consulting Group Inc the OFCCP has earned a vast majority of settlement remedies for
victims of discrimination in hiring cases where analyses comparing hiring rates of two
groups were apparently the probative evidence of systemic discrimination (Cohen &
Dunleavy, 2009). This strategy represents a radical shift from addressing areas of
underutilization and good-faith efforts as the agency had traditionally done in the past. In
fact, in the vast majority of OFCCP settlements, adverse impact from applicant flow data was
used as evidence of discrimination, regardless of good-faith efforts and workforce
utilization above availability. As such, adverse impact analyses in the Affirmative Action
Plan deserve more attention in the current EEO landscape. Given this context, an
understanding of adverse impact analyses is valuable to federal contractors; this
understanding would allow contractors to identify any potential problem areas and manage
the risk before they get into costly conciliation or litigation. With this goal in mind, this
paper focuses on an overview of required applicant-to-hire analyses in the context of
Affirmative Action. We first define adverse impact and review legislative history and
important case law. Next, we present a brief overview of the different adverse impact
statistics that employers can consider for analysis of their Affirmative Action Plan data, and
recommend a general approach. We conclude with an introduction to data management for
adverse impact analyses, and preview some cutting edge issues that are developing in the
OFCCP enforcement environment. This is the first in a series of white papers written for the
federal contractor community, and as such we hope that this paper can serve as a starting
point upon which employers will build their expertise in many areas of Affirmative Action.
Other papers in this series deal with particular topics (e.g., disposition codes, statistical
significance, practical significance, etc.) in more detail. HISTORICAL BACKGROUND The
history of adverse impact indirectly dates back to the Title VII of the Civil Rights Act of
1964, which Executive Order 11246 mirrors in many respects. Title VII prohibits
discrimination based on race, color, religion, sex, or national origin and made it illegal for
employers to discriminate based upon protected characteristics regarding terms,
conditions, and privileges of employment. It also created the EEOC as an enforcement
agency of Title VII. One year later, President Lyndon B. Johnson signed Executive Order
11246, which required Equal Employment Opportunity. It prohibited federal contractors
from discriminating and required to develop an Affirmative Action Plan. Its enforcement
now resides in the OFCCP. However, both of these laws specifically focused on intentional
discrimination, and did not consider unintentional and indirect discrimination in the form
of organizational policies and procedures that may produce substantial disparities against
protected groups. Instead, the notion of adverse impact was initially codified in actual case
law. 2 Copyright 2010 DCI Consulting Group Inc Griggs v. Duke Power Co. (1971) was the
first major case that addressed the concept of adverse impact. In this case plaintiffs
challenged a transfer policy requiring high school education and minimum scores on two
3. aptitude tests for employees who want to work outside of its lowest paying Labor
department. The Supreme Court found that the employer “operated to disqualify blacks at a
substantially higher rate than white applicants” with requirements that are not a
“reasonable measure of job performance.” In essence, the Supreme Court created a
twophase process for establishing a prima facie case under the disparate impact model. The
first phase requires some statistical evidence that a facially neutral practice disqualifies
members of a protected class at a meaningfully different rate than members of another
group. If this phase is met, the employer must demonstrate that the practice that caused a
substantial disparity is “jobrelated for the position in question and consistent with business
necessity.” Unlike disparate treatment cases, there is no need to prove the discriminatory
“intent” of the employers in adverse impact cases. Additionally, consideration of an
alternative selection procedure instead of the selection procedure that caused the adverse
impact, even if that procedure is job-related, was also developed via case law. This concept
was first introduced in the Supreme Court case Albemarle Paper Company v. Moody (1975).
The court ruled that reasonable alternatives which cause less impact should be evaluated
for use in selection, otherwise, the employer may be considered liable for systemic
discrimination even if a selection procedure is related to the job. Following the Griggs and
Albemarle cases, a joint committee including EEOC, the Department of Justice (DOJ), and the
Department of Labor (DOL) published the Uniform Guidelines on Employee Selection
Procedures (UGESP) in 1978. 2 Although not legally binding, the UGESP have enjoyed
proper deference by courts as the primary guideline in judging employment discrimination
cases. Section 4 of the UGESP provides specific information on impact. For example, impact
is defined as a “substantially different rate of selection”. Further, UGESP requires that
selection rates be compared between the group with the highest selection rate and specific
subgroups, as long as those groups make up at least 2% of the labor or applicant pool.
Additionally, this section states that if “the total selection process for a job has an adverse
impact, the individual components of the selection process should be evaluated for adverse
impact”. Moreover, UGESP added the third phase of impact investigation (reasonable
alternatives) under the disparate impact model. Specifically, Section 6 of the UGESP states
“A user may choose to utilize alternative selection procedures in order to eliminate adverse
impact or as part of an affirmative action program. Such alternative procedures should
eliminate the adverse impact in the total selection process, should be lawful and should be
as job related as possible.” The concept was later codified by the Civil Rights Act of 1991. As
a part of a validity study, 2 We recommend that clients interested in the detailed legal
standards of adverse impact analysis take a look at the UGESP, which are publically
available at http://www.uniformguidelines.com/ 3 Copyright 2010 DCI Consulting Group
Inc employers need to demonstrate consideration of other alternative selection methods
that are both valid and have less adverse impact (41 CFR 60-3.3 B). ADVERSE IMPACT
MEASUREMENT As described in the Griggs standard, establishing a prima facie case under
Title VII first requires a statistical demonstration that an employment policy or practice
caused a “substantial” disparate impact on members of a protected group. Two frequently
used methods to determine adverse impact are statistical significance tests and practical
significance tests. Statistical Significance Tests A z-test of independent proportions, often
4. called the „2 standard deviation‟ test, is a statistical technique that translates the
probability of a difference in selection rates into the metric of standard deviations. It is an
estimator test based on large samples that approximates the precise probability value of a
difference in rates. Many court cases as well as the OFCCP have adopted the enforcement
standard of two (2.00) or more standard deviations as an indication of statistical
significance in employment discrimination cases 3. Statistically speaking, the result of
greater than two standard deviations demonstrates that the disparity in selection rates is
likely to occur by chance less than five percent of time. One alternative to the z-test is the
Fisher‟s Exact Test (FET), which calculates the exact probability that the observed selection
rate difference or any difference more extreme would have occurred if applicants from each
group were randomly selected. This statistic is generally used by enforcement agencies
when sample sizes are small (e.g., less than 30), although some statisticians recommend
that FET is more appropriate regardless of sample size. 4 Other statisticians disagree, and
suggest that FET may be somewhat conservative. Practical Significance Tests It is important
to keep in mind that a disparity likely not due to chance does not automatically mean a
disparity is large. In fact, statistical significance testing focuses on the precision of results,
and not to the magnitude of disparity. This is especially true when interpreting results from
large sample sizes. Small differences in selection rates can easily lead to statistically
significant findings simply because of the large sample size. 3 Hazelwood School District v.
United States (1977); Castaneda v. Partida (1977). 4 Please refer to the white paper on
statistical significance testing in this series for more a more complete review of statistical
significance tests. 4 Copyright 2010 DCI Consulting Group Inc On the other hand, a hasty
interpretation of a finding of no adverse impact should be also reconsidered when sample
sizes are small. Small samples are often sensitive to changes in outcomes that flipping one
applicant from “rejected” to “selected” can drastically change results. For this reason, the
context should be considered to determine the adequacy of the statistical conclusion. One
way to consider the context is, as the UGESP suggests, assessing the results in both
statistical and practical terms 5 (41 CFR 60-3.4 D). The UGESP endorse the four-fifths (or
80%) rule, which compares the passing rate6 of one group to the passing rate of another
group (e.g. males vs. females) via a ratio and considers any value less than 80% as a red flag
deserving closer scrutiny. For example, let us assume that we have 100 applicants that
applied for a Customer Service Representative position and the organization hired 41
individuals for the position; 40 of the hires where White applicants, and 1 hire was Asian.
The following table serves as an example: Group White Asian Totals Applicants 80 20 100
Hires 40 1 41 Selection Rate 40 hires out of 80 applicants = 50% 1 hire out of 20 applicants
= 5% 41 hires out of 100 applicants = 41% According to the 80% rule, Asian applicants
should be hired at least 80% of the selection rate of the White applicants. In this case, the
selection ratio of White applicants was 50%. 80% of the 50% selection rate (80% rule x
50% selection ratio) is 40%. The 40% represents the selection rate that Asian applicants
would need to be hired at to meet the 4/5th or 80% rule. However, in this case, the
selection ratio of Asian applicants is 5%, which does not meet the 40% selection ratio, and
thus fails to pass the needed threshold (i.e., the impact ratio is 5%/50% = 10%). Since the
80% rule tends to be less complicated to calculate and utilize as compared with significance
5. tests, it gained popularity and was widely used immediately after UGESP were published.
However, the 4/5th rule was developed in a pre-computer era, and does not use probability
computations to determine whether or not the disparities were likely due to chance.
Unfortunately, UGESP do not discuss any other practical significance tests (other than a flip-
flop rule) in the adverse impact context. Conflicting definitions of practical significance exist
in case law, including but not limited to the 80% rule, the shortfall, the actual difference in
selection rates, and various flip-flop rules. Recognizing the complexity of defining practical
significance, we saved a more detailed consideration of this topic for another white paper. 5
In this context practical significance generally concerns whether the magnitude of disparity
is large enough for the legal and scientific communities to be concerned. 6 Note the flexible
use of „employment decision rates‟ in the data analytic context. Rates may represent hires,
job offers, promotions, terminations, etc., which are dichotomous outcomes. 5 Copyright
2010 DCI Consulting Group Inc Which Statistics Should Employers Use? A subsequent white
paper in this series will go into more detail about the appropriate combination of analyses
federal contractors should utilize from a practical and scientific approach. However, general
guidance from a scientist-practitioner perspective suggests that a combination of statistical
(e.g., Standard Deviation or Fisher‟s exact test) and practical (e.g., 80% rule) significance
tests will provide the most accurate understanding of whether adverse impact exists and is
meaningful. For this reason we suggest that, in most circumstances, a practical significance
measure like the 80% rule is best utilized in conjunction with a statistical significance test
such as the Standard Deviation or Fisher‟s Exact Tests. This combination of measurement
perspectives captures the precision of the analysis and the importance of the difference in
the context of the legal and scientific communities. ADVERSE IMPACT CONSIDERATIONS
This section highlights a few of the important issues to consider when conducting adverse
impact in the context of Affirmative Action. Units of analysis Determining what grouping is
used as the basic unit of analysis is also an important decision for impact analyses.
Inappropriate aggregation of data can artificially inflate or mask adverse impact. At the
same time, extreme disaggregation of the data makes the data sets so small that meaningful
statistical analysis is almost impossible. Employers should examine the selection processes
and choose the proper analytical framework that closely mirrors the actual processes.
Fortunately, there are statistical (e.g., Breslow-Day and Mantel-Haenszel statistics) and
theoretical factors to consider in making aggregation decisions. In general, employees who
have similar responsibilities and opportunities for advancement would be grouped together
in the same job group in the Affirmative Action Plan. Job titles are a good starting point in
grouping individuals for adverse impact analyses, but may require further refinement in
some circumstances. Step By Step Analysis When adverse impact is identified in a selection
process, individual components of the selection process causing the adverse impact should
be evaluated (41 CFR 60-3.4 C). The focus is to identify the point at which applicants were
eliminated from the process. The particular policy or practice causing the adverse impact
must be identified unless the elements of the employer‟s decision-making process cannot
be separated, in which case the decision-making process can usually be analyzed as one un-
standardized employment practice. 6 Copyright 2010 DCI Consulting Group Inc Who is
included in the analyses? As described above, adverse impact analyses compare selection
6. rates between the qualified applicants. Although traditionally the analysis compares
previously disadvantaged groups (i.e., women and minorities to previously favored groups
(i.e., males and non-minorities), the UGESP state that an adverse impact comparison should
compare the highest selected group to other groups. In OFCCP enforcement, recent
settlements have identified Hispanics and women as the highest selected group, and thus
identified non-traditional victims of discrimination under EO 11246 (Cohen & Dunleavy,
2009). In some instances one racial/ethnic subgroup has been compared to all others in
recent OFCCP enforcement. However, UGESP are clear that separate groups should be
analyzed in most situations, It is important to reiterate that Affirmative Action Plans
emphasize historically disadvantaged groups for another reason. Specifically, in many cases
the selection rate of minorities is compared to non-minorities (whites). In fact, many recent
OFCCP settlements have identified an aggregated „minority group‟ as the alleged victim of
discrimination. Under this approach, employers sometimes encounter a situation where the
selection rates of an aggregate minority group are substantially lower than that of non-
minorities. Although this finding may present possible barriers to EEO, this alone does not
establish evidence of discrimination. Since a protected class under Title VII is defined as
members of a group that has a common characteristic based on race, color, religion, sex, and
national origin, an individual‟s status as “minority” is not a statutorily protected class from
unlawful employment discrimination. Given that Executive Order 11246 mirrors the
practices of Title VII, agencies may not have a strong legal basis of pursuing an adverse
impact cases unless an individual subgroup was identified as adversely affected. An
individual subgroup such as African Americans, Hispanics, or Asians must be identified to
be adversely affected by a practice at issue. Combining minority groups into an aggregate
may have unclear statistical consequences, perhaps inflating disparity or masking disparity
against other groups. Other factors to consider when determining who to include in the
adverse impact analysis include: which individuals should be included as the “selected”
(numerator) amount and which individuals should be considered as the “pool”
(denominator) in the analysis. When determining the “selected” group, or the numerator of
the analysis, it is reasonable to include the number of positive employment decisions. This
may include selections that are hired from outside of the company as well as those from
within the company. In a similar vein, the applicants who are offered a job (including those
who declined an offer) should be included as a way of capturing all positive employment
decisions. Furthermore, it is important to consider all of the factors relevant to what is
considered an applicant pool, or the denominator of the analysis. Federal contractors
should take into account those job seekers who are considered qualified for the position
that is being applied to in the job posting. Further, hire/reject decisions cannot be made on
job seekers who are no longer interested in a position. For example, if job seekers did not
show up for an interview, they are 7 Copyright 2010 DCI Consulting Group Inc considered
as withdrawing themselves from the selection process and it is proper to remove them from
the pool of applicants. Note that the use of appropriate and detailed disposition codes will
significantly help the data preparation process, and ensure that the reality of employment
decision making is mirrored in adverse impact analyses. As long as the same criteria apply
to all applicants, legitimate and non-discriminatory reasons for non-selection can be used to
7. refine the pool of applicants. Further review on this topic will be addressed in detail in the
next white paper in this series, Disposition Codes, which examines disposition codes and
implications of the Internet Applicant Regulation (OFCCP, 2006). CONCLUSION We hope
that this primer on adverse impact has been useful. Adverse impact is an important legal,
scientific, and social issue, and it is important to understand the history of the concept and
operational use in today‟s EEO environment. This white paper is the first in a series of
white papers that address statistical significance and adverse impact. Additional papers will
consider (1) disposition codes for impact analyses, (2) statistical significance testing, (3)
practical significance measurement, and (4) a review of case law. 8 Copyright 2010 DCI
Consulting Group Inc References Cohen, D. B. & Dunleavy, E.M (2009). The Center for
Corporate Equality Releases a Review of OFCCP Settlements From Fiscal Year 2007. The
Industrial-Organizational Psychologist, 47, 145-149. Equal Employment Opportunity
Commission, Civil Service Commission, Department of Labor, & Department of Justice.
(1978) Uniform Guidelines on Employee Selection Procedures. Federal Register, 43, 38290–
38315. Equal Employment Opportunity Commission. (1979) Adoption of Questions and
Answers to Clarify and Provide Common Interpretation of the Uniform Guidelines on
Employment Selection Procedures. Cases Albermarle Paper Co. v. Moody (1975) 422 US
405. Castanza v. Partida (430 U.S., 482, 496, 1977). Griggs v. Duke Power Co. (1971) 401 US
424. Hazelwood School District v. United States, 433 US 299.31 n. 17 (1977). 9 Copyright
2010 DCI Consulting Group Inc