11 4 14 MGMT309 CHAPTER14 Chapter 14 Managing Human Resources in Organizations The Environmental Context of Human Resource Management HRM o Human Resource Management the set of organizational activities directed at attracting developing and maintaining an effective work force o The Strategic Importance of HRM Human Resource Management is increasingly important as firms realize the value of their human capital in improving productivity Human Resource Management is critical to bottom line performance of the firm Human Resource planning is now part of the strategic planning process The Legal Environment of Human Resource Management o Equal Employment Opportunity we should be as employers blind to differences Title VII of the Civil Rights Act of 1964 Forbids discrimination in the employment relationship Employers aren t required to seek out and hire minorities but they must treat fairly all who apply Protected classes include race or color national origin sex and religion Adverse Impact Majority has been Males under 40 and are Caucasian Comparing Minority to a Majority When minority group members pass a selection standard at a rate less than 80 of the rate of the majority group Equal Employment Opportunity Commission govern the laws of the Equal Employment Opportunity Federal Agency charged with enforcing Title VII as well as several other employment related laws Affirmative Action collecting data filling out race ethnicity age sex on an application Intentionally seeking and hiring qualified or qualifiable employees from racial sexual and ethnic groups that are underrepresented in the organization Several executive orders require federal contractors to develop affirmative action plans and take affirmative action in hiring veterans and the disabled Pregnancy Discrimination Act specifically outlaws discrimination on the basis of pregnancy Flight attendants were fired when they got pregnant and a suit was filed and they were reinstated Age Discrimination in Employment Act of 1967 outlaws discrimination against persons older than 40 years of age Americans with Disabilities Act of 1990 ADA forbids discrimination on the basis of disabilities and requires employers to provide reasonable accommodations for disabled employees Aren t allowed to discriminate against an individual on a basis of a disability and companies are required to provide a reasonable accommodation for the individual Easiest way to apply ADA is the question can you perform the essential functions of the job with or without reasonable accommodations on applications Civil Rights Act of 1991 Amended the original Civil Rights Act making it easier to bring discrimination lawsuits while also limiting punitive damages that can be awarded in those lawsuits o Compensation and Benefits Fair Labor Standards Act of 1938 FLSA Salaried professional executive and administrative employees are exempt from the Act s Minimum Wage and overtime provisions Exempt VS Non Exempt Exempt means you are exempt from receiving overtime compensation is Non Exempt any amount of time you work over 40 HRs is subject to Overtime Exempt employees are paid a salary and Non Exempt employees are paid on an hourly basis Established a Minimum Wage and a minimum 40 HR Standard Workweek Equal Pay Act of 1963 Requires men and women to be paid the same amount for doing the same jobs exceptions are permitted for seniority and merit pay Employee Retirement Income Security Act of 1974 ERISA Sets standards for pension plan management and provides federal insurance if pension plans go bankrupt Family and Medical Leave Act of 1993 FMLA Requires employers to provide up to 12 weeks of unpaid leave for family and medical emergencies o Labor Relations National Labor Code is the combination of these three ACTS PROUNION PROMANAGEMENT PROEMPLOYEE National Labor Relations Act of 1935 Wagner Act Set up procedures for employees to vote whether to have a union If the vote is for a union management is required to bargain collectively with the union created the requirement for collective bargaining the Wagner Act is PRO UNION National Labor Relations Board NLRB the federal agency empowered to enforce provisions of the NLRA Labor Management Relations Act of 1947 Taft Hartley Act Amended NLRA to limit the power of unions and increase management s rights during organizing campaigns shifts power back to management PROMANAGEMENT Allows the U S President to prevent or end a strike that endangers national security Labor Management Reporting and Disclosure Act of 1959 Landrum Griffin Act Viewed as pro employee Regulates labor unions internal affairs and their officials relationships with employers o Health and Safety Occupational Safety and Health Act of 1970 OSHA Requires that Employers Provide a place of employment that is free from hazards that may cause death or serious physical harm Obey the safety and health standards established by Occupational Safety and Health Administration OSHA Health Insurance Portability and Accountability Act HIPAA privacy statement places restrictions on who gets your medical information Federal law that protects personal medical information and recognizes the rights to relevant medical information of family caregivers and others directly involved in providing or paying for care Emerging Legal Issues Sexual Harassment Quid Pro Quo Hostile Work Environment Alcohol Drug Dependencies AIDS in the workplace Social Change and HRM o Temporary Workers an increasing trend is to use more temporary workers without the risk that the organization may have to eliminate their jobs o Dual Career Families Firms are increasingly having to make accommodations for dual career partners by Delaying transfers Offering Employment to Spouses Providing more flexible work schedules and benefit packages o Employment at Will a traditional view of the workplace in which an employer can fire an employee for any or no reason o Just Cause The New Argument an organization should be able to fire only people who are poor performers or who violate rules Courts have limited an employer s ability to terminate employees by requiring JUST CAUSE for firing or dismissal as part of an organization wide cutback Attracting Human Resources o Job Analysis a systematic analysis of jobs within an organization Job Description Staring point for everything people related a listing of the job s duties its working conditions and the tools materials and equipment used to perform the job Job Specification a listing