BA 453/553Agenda April 11, 2006Common pitfalls or mistakes made by managersCommon pitfalls or mistakes made by managers (continued)Slide 5Preventative StrategiesPreventative Strategies (continued)Slide 8ScenarioSlide 10Employment Law Quadrant“You Be The Judge” Terminology & DefinitionsSlide 13Slide 14Slide 15April 18th Employment Planning, Recruitment & SelectionBA 453/553Human Resource ManagementAgendaApril 11, 2006Group Presentations (1,2,3, & 4)Guest Speaker – John Buersatte of Gleaves, Swearingen, Potter, & Scott LLPBreakDiscussion & ActivitiesCommon pitfalls or mistakes made by managersIgnoring the complaint – assuming “it will go away”Inadequate Discovery – engaging in superficial fact-findingFactual Disputes – presuming that “she said, he said” cannot be resolvedCommon pitfalls or mistakes made by managers (continued)Honoring Confidentiality vs. Acknowledging Notice “rocking the boat”Blind Referral – referred to HR without follow-upInadequate Corrective Action – when discovery reveals the complaint is valid, inadequate action occursCommon pitfalls or mistakes made by managers (continued)Lack of Follow-up – checking in to see if the complaint is correctedHR Exclusion – manager fear of being viewed as inadequateIgnorance as a Defense – “what they don’t know can’t hurt them”Lack of Prompt Response to an EEOC complaint or law suitPreventative StrategiesClear Policy – adopt & communicateContinuous Training – provide relevant trainingValue Diversity – advocate the value of an ethically diverse work environmentPhilosophy – adopt at Theory Y approachPreventative Strategies(continued)Complaint Procedure – as part of the policyIntegrity of Investigations – insure that fact finding is careful, thorough, and well documentedCorrective Action – take effective action to address the concernsPreventative Strategies(continued)Surveys & Audits – don’t wait for complaintsInterviews – conduct random interviews to discover concernsLitigation Strategy – make it known that the company will fight any fraudulent complaintsScenarioJoe Mac Jefferies is an outside sales rep on his way to the hotel from a dinner meeting with a clientYou get a call the next morning from a client wondering where Joe Mac is.Later on you find out the circumstancesEmployment Law Quadrant ADA / EEOC FMLAFLSA WC“You Be The Judge”Terminology & DefinitionsAdverse Impact – Employment practices that appear neutral but have a discriminatory effect on a protected groupDisparate Treatment – Protected groups are intentionally rated differently from other employees“You Be The Judge”Terminology & DefinitionsProtected Classes – Groups protected by EEO designations including women, African Americans, Hispanics, Native Americans, Asian Americans, people age 40 and older, the disabled, and veterans. In some instances, protected groups may include white males“You Be The Judge”Terminology & DefinitionsBehavior-Based Interviewing – Interviewing based on past experience that can be used to describe the presence or absence of a skill. The job candidate thinks of a specific event that relates to questions that have been asked by the interviewer“You Be The Judge”Terminology & DefinitionsBona Fide Occupational Qualifications (BFOQ) – The Civil Rights Act permits discrimination on the basis of gender, religion, or national origin (but not race or color), if such factors can be shown to be bona fide occupational qualifications reasonably necessary for the operation of the businessApril 18thEmployment Planning, Recruitment & Selection PresentationsGroup 5 – Selection Test Validity & Reliability; Types of Tests Group 6 – Background Investigation & Reference CheckingGroup 7 - Employment Interviews – Types, Formats, MistakesGroup 8 – Interview Questions: The Right and Wrong Ones Chris Rice – Sherman Bros. Recruiting Mgr. Recruiting exercise & discussion Review for
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