Hr 101 for managers and supervisors

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HR 101 for Managers 10_2011

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  • 1. HR 101 for Managers Kathryn Carlson Director, HR Products October 27, 2011
  • 2. Questions If you have questions during the presentation, please submit them using the Questions feature Questions will be answered at the end of the webinar or an emailed response will be provided
  • 3. EEOC (Equal Opportunity Commission) reports indicate discrimination charges increased significantly. Nearly 100,000 charges were filed last year with the EEOC, the most ever. The EEOC filed 250 lawsuits and collected over $400 million in damages. The most frequently-filed charges involved claims of retaliation (first time in the top spot) and race. There also were significant percentage increases in the categories of religion, disability and age discrimination charges. The DOL estimates that more than 80% of companies are out of compliance with federal and state wage and hour laws. One in three companies has been hit with a wage-and-hour claim in the past year (ETL, Inc). Compliance with the Law Is Critical
  • 4. Five Legal Terms You Need to Know Discrimination When someone is denied a job or position for non job related reasons Equal Employment Opportunity The right to employment and advancement without regard to race, religion, sex, color or national origin Affirmative Action An effort to give preference in employment to women or other minorities Employment criteria justified by capacity to perform a job Comparable Worth Persons performing jobs of similar worth should receive comparable pay Bona-fide Occupational Qualifications Employment criteria justified by capacity to perform a job
  • 5. Discrimination and Employment Rights Civil Rights Act of 1866 Supports charges of race and national origin discrimination Claimant must establish intent to discriminate on the part of the employer Civil Rights Act of 1964 Title VII of this act prohibits discrimination on the basis of race, creed, religion, sex or national origin Intent need not be proved but discriminatory effect established
  • 6. Discrimination and Employment Rights Uniformed Services Employment and Reemployment Rights Act (USERRA) Prohibits making past, present, or future active or reserve military service a factor in employment decisions Executive Order 11246 Requires businesses who do business with federal government to take affirmative action in hiring, training, and promoting women and minorities The Age Discrimination in Employment Act of 1967 (ADEA) Protects workers 40 and up (as amended)
  • 7. Discrimination and Employment Rights The Rehabilitation Act of 1973 Section 501 prohibits discrimination against persons with disabilities by contractors doing business with the federal government The American with Disabilities Act of 1990 (ADA) Prohibits all employers from discriminating against employees or job candidates with disabilities Must provide reasonable accommodations Pregnancy Discrimination Act (PDA) of 1978
  • 8. Discrimination and Employment Rights Religious Discrimination Guidelines Requires employers to make reasonable effort to accommodate a persons religious practices as long as they dont create an undue hardship National Origin Discrimination Guidelines Preclude employment denial because of ancestry, place of origin, or cultural/linguistic characteristics The Civil Rights Act of 1991 Make-whole remedies to discrimination Back pay and reinstatement allowed Employer must prove lack of discrimination Seeks to remove barriers to advancement of women and minorities
  • 9. Discrimination and Employment Rights Congress recently amended the Americans with Disabilities Act (ADA) with the Americans With Disabilities Act Amendments Act (ADAAA). Under the newly-amended law, it is easier for employees to show a disability exists. GINA (Genetic Information Nondiscrimination Act 2008) it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions
  • 10. Sexual Harassment Unwelcome sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature is harassment when Submission to such conduct is a condition of employment (Quid Pro Quo) Submission of rejection of such conduct becomes basis for employment decision (Quid Pro Quo) Conduct has the effect of creating intimidating or offensive environment (Hostile Environment)
  • 11. Pay and Benefits The Fair Labor Standards Act (FLSA) Establishes minimum wage, maximum hours and overtime pay Employees may be exempt or nonexempt The Employee Retirement Income Security Act (ERISA) of 1974 Establishes participation and vesting provision for pension plans Consolidated Omnibus Budget Reconciliation Act (COBRA) Requires employers to offer health care coverage at group rates following termination of employment - for 18 to 36 months
  • 12. Pay and Benefits Health Insurance Portability and Accountability Act (HIPAA) Allows employees with new dependent to enroll immediately in health care plan Equal Pay Act of 1963 (EPA) Equal pay for women doing equal work Family Medical and Leave Act (FMLA) of 1993 Provides eligible employees up to 12 weeks leave for birth or adoption of a child, serious illness of employee or for the care of a seriously ill family member
  • 13. Pay and Benefit Womens Health & Cancer Rights Act 1998 Newborns and Mothers Health Protection Act 1996 Mental Health Parity Act (MHPA) 2008
  • 14. Employment Lifecycle Recruitment & Selection Performance Management Reward Management Career Management Recruitment On boarding Performance Management Termination
  • 15. KPA CONFIDENTIAL First Things First Job Descriptions 15
  • 16. Hire who you choosebut You are required to select someone who meets the minimum requirements of the job not necessarily the most qualified Dont deny anyone equal employment opportunity because of personal bias Education and experience requirements should be job related Be aware of your organization's diversity [affirmative action] goals
  • 17. KPA CONFIDENTIAL Are you using the right tools for the job Effective job application form Conduct a behavioral interview Personally conduct references Perform background checks and drug testing Use a scorecard to make objective decision If the answer to any of these questions is anything but yes- then you are taking on more risk than is necessary and increasing your chance of making a bad hire or a claim of discrimination 17
  • 18. Why Performance Appraisal? Appraisal provide information upon which promotion and salary decision can be made. Appraisal provide an opportunity for a manager and his/her subordinates to sit down and review the subordinates work-related behavior, and then develop a plan for corrective action. Appraisal provide a good opportunity to review the persons career plans in light of his/her exhibited strengths and weaknesses.
  • 19. Performance Management Cycle Performance Planning (Setting Performance Targets) Regular Review and Monitoring Feed back Corrective Action Performance Appraisal and Evaluation Training & Development Plan Salary/Bonus Adjustment Career Development
  • 20.

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