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HUMAN RESOURCE MANAGEMENT DESSLER 13TH EDITION PDF

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Dessler, Gary. Human resource management/Gary Dessler. 13th ed. p. cm. Includes bibliographical references and index. ISBN Library of Congress Cataloging-in-Publication Data Dessler, Gary Human resource management/Gary Dessler. 13th ed. p. cm. Includes bibliographical. Human Resource Management 13th edition By Gary Dessler Aspects of Human Resource Management 6 in equal employment compliance, retaliation, job.

Risk Management. Introduction to Compensation Management - Shodhganga ; "Employee compensation refers to all forms of pay going to Download full-text PDF Human resource is the most vital resource for any organization. Human Resource Management, by K. Human Resource Management, by L.

Formatted: Font: Italic Moody, the Supreme Court ruled that the validity of job tests must be documented and that employee performance standards must be unambiguous.

What is adverse impact? How can it be proved? Adverse impact is Tthe overall impact of Formatted: Font: Not Bold employer practices that result in significantly higher percentages of members of minorities and other protected groups being rejected for employment, placement, or promotion.

The complainant need only establish a prima facie case: showing that the employer's selection Formatted: Font: Italic procedures did have an adverse impact on a protected minority group.

Dessler human pdf management resource 13th edition

This is done by one of four basic approaches: disparate rejection rates; the restricted policy approach; population comparisons; and the McDonnell-Douglas Test. What is sexual harassment? How can an employee prove sexual harassment? What are the two main defenses you can use in the event of a discriminatory practice allegation, and what exactly do they involve? The two main defenses you can use in the event of a discriminatory practice allegation are bona fide occupational qualification BFOQ and business necessity.

Business necessity is a justification for an otherwise discriminatory employment practice, provided there is an overriding legitimate business purpose. What is the difference between disparate treatment and disparate impact? The main difference is one of intent. Disparate treatment means that there was an intent to treat different groups differently.

Disparate impact does not require intent, but merely to show that an action has a greater adverse effect on one group than another. Working individually or in groups, respond to these three scenarios based on what you learned in Chapter 2.

Under what conditions if any do you think the following constitute sexual harassment? In answering the questions, the students should keep in mind the three main ways sexual harassment can be proved, as well as the steps the employee should take in alerting management. Working individually or in groups, discuss how you would set up an affirmative action program.

It is important that students reach a decision of whether to use the good faith effort strategy or the quota strategy. Most experts would suggest the good faith effort strategy is the most legally acceptable approach. Compare and contrast the issues presented in Bakke with more recent court rulings on affirmative action. Working individually or in groups, discuss the current direction of affirmative action.

The basic questions addressed in Bakke focused on when preferential treatment becomes discrimination and under what circumstances discrimination will be temporarily permitted.

Neither question was fully answered. Subsequent cases have continued to address these issues and clarify more specifically the scope and intent of affirmative action.

For example, in the Paradise case, the court ruled that the courts can impose racial quotas to address the most serious cases of racial discrimination. In Johnson, the court ruled that the public and private employers may voluntarily adopt hiring and promotion goals to benefit minorities and women. The Johnson ruling may limit claims of reverse discrimination by white males.

The EEOC can either accept the chargeit or refer it to the state or local agency. After it has been filed, the EEOC has 10 days to serve notice on the employer, and then investigate the charge to determine whether there is reasonable cause to believe it is true within days. If the EEOC finds reasonable cause for the charge, it must attempt a conciliationconciliation.

If conciliation is not satisfactory, the EEOCit can bring a civil suit in federal district court, or issue a Notice of Right to Sue to the person who filed the charge. If the EEOC is unable to obtain an acceptable conciliation agreement, it may sue the employer in federal district court.

Explain the difference between affirmative action and equal employment opportunity? Equal employment opportunity aims to ensure that anyone, regardless of race, color, sex, religion, national origin, or age has an equal chance for a job based on his or her qualifications. Affirmative action requires the employer to make an extra effort to hire and promote those in protected groups and includes specific actions designed to eliminate the present effects of past discrimination. Assume you are the manager in a small restaurant; you are responsible for hiring employees, supervising them, and recommending them for promotion.

Working individually or in groups, compile a list of potentially discriminatory management practices you should avoid. Avoid giving false or misleading information to members of any group or failing to fail or refuse to advise them of work opportunities. Avoid advertising classifications that specify gender or age unless it is a bona fide occupational qualification for the job. Do not deny a job to a disabled individual if the person is qualified and able to perform the essential functions of the job.

Make reasonable accommodations for candidates that are otherwise qualified but unable to perform an essential function unless doing so would result in a hardship. Apply tests and performance standards uniformly to all employees and job candidates. Avoid tests if they disproportionately screen out minorities or women and are not job related.

Do not give preference to relatives of current employees if your current employees are substantially non-minority. Do not establish requirements for physical characteristics unless you can show they are job related. Review job application forms, interview procedures, and job descriptions for illegal questions and statements.

Do not ask applicants whether they have ever been arrested or spent time in jail. However, you can ask about conviction records. Divide the class into groups of three to five students. Each group should develop answers to the following questions: a. Based on what you read in this chapter, on what legal basis could the year-old California attorney claim he was a victim of discrimination?

Clearly, age discrimination is one of the claims. The ADEA made it unlawful to discriminate against employees who are over Disability discrimination is another potential claim if the claimant relates substandard performance to a disability. On what laws and legal concepts did the employer apparently base its termination of this year-old attorney?

Under the legal concept of management rights, employers have the right to hire, promote, assign, discipline, and discharge employees. The employer in this case has based its termination on job performance, with documentation of complaints from association members about his advice, subsequent complaints over a two year period from association members, and he was fired for mistreating members and providing inadequate legal advice. Based on what laws or legal concepts could you take the position that it is legal to fire someone for poor performance even though there may be a discriminatory aspect to the termination which is not say that there necessarily was such a discriminatory aspect with this case.

Commented [ey9]: Confusing A person who feels he was discriminated against must prove either that he was subjected to unlawful disparate treatment intentional discrimination or that the procedure in question has a disparate impact unintentional discrimination upon members of his protected class in this case, age. The employer here has provided evidence that its decision to terminate was based on legitimate nondiscriminatory reasons documented job performance issues which have nothing to do with the prohibited discrimination alleged.

This is a basic defense that is accepted by the courts, and in fact, was accepted in this case. If you were the judge called on to make a decision on this case, what would your decision be, and why?

Most students will probably come to the same conclusion as the judge in this case, which is that the Association fired the 61 year old lawyer because of performance.

All questions in this case: LO 2. Do you think Ms.

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Browne Sanders had the basis for a sexual harassment suit? It does appear thate MsMs. Browne Sanders had the basis for a sexual harassment suit. The timing of her termination should raise serious concerns because is quite suspect. Given that Madison Square Garden terminated her employment only one month after she complained to top management about the harassment.

The Garden also did not present credible witnesses to corroborate the reason for their decision. Disparate treatment means that there was an intent to treat different groups differently.

Disparate impact does not require intent, but merely to show that an action has a greater adverse effect on one group than another. Working individually or in groups, respond to these three scenarios based on what you learned in Chapter 2. Under what conditions if any do you think the following constitute sexual harassment? In answering the questions, the students should keep in mind the three main ways sexual harassment can be proved, as well as the steps the employee should take in alerting management.

Analytic Skills; Learning Outcome: Summarize the nature and effects of equal employment opportunity laws 2. Working individually or in groups, discuss how you would set up an affirmative action program.

It is important that students reach a decision of whether to use the good faith effort strategy or the quota strategy. Most experts would suggest the good faith effort strategy is the most legally acceptable approach. The following list of six actions should be demonstrated in the student plans: Multicultural and diversity understanding; Learning Outcome: Compare and contrast the issues presented in Bakke with more recent court rulings on affirmative action.

Working individually or in groups, discuss the current direction of affirmative action. The basic questions addressed in Bakke focused on when preferential treatment becomes discrimination and under what circumstances discrimination will be temporarily permitted. Neither question was fully answered. Subsequent cases have continued to address these issues and clarify more specifically the scope and intent of affirmative action.

For example, in the Paradise case, the court ruled that the courts can impose racial quotas to address the most serious cases of racial discrimination. In Johnson, the court ruled that the public and private employers may voluntarily adopt hiring and promotion goals to benefit minorities and women. The Johnson ruling may limit claims of reverse discrimination by white males.

Reflective Thinking Skills; Learning Outcome: The EEOC can either accept the chargeit or refer it to the state or local agency. After it has been filed, the EEOC has 10 days to serve notice on the employer, and then investigate the charge to determine whether there is reasonable cause to believe it is true within days.

If the EEOC finds reasonable cause for the charge, it must attempt a conciliationconciliation. If conciliation is not satisfactory, the EEOCit can bring a civil suit in federal district court, or issue a Notice of Right to Sue to the person who filed the charge. If the EEOC is unable to obtain an acceptable conciliation agreement, it may sue the employer in federal district court. Explain the difference between affirmative action and equal employment opportunity? Equal employment opportunity aims to ensure that anyone, regardless of race, color, sex, religion, national origin, or age has an equal chance for a job based on his or her qualifications.

Affirmative action requires the employer to make an extra effort to hire and promote those in protected groups and includes specific actions designed to eliminate the present effects of past discrimination. Assume you are the manager in a small restaurant; you are responsible for hiring employees, supervising them, and recommending them for promotion. Working individually or in groups, compile a list of potentially discriminatory management practices you should avoid.

Multicultural and diversity thinking; Learning Outcome: Summarize the nature and effects of equal employment opportunity laws Acceptable answers include the following: Ensure that recruitment practices are non-discriminatory, and avoid avoiding word-of- mouth dissemination of information about job opportunities when the workforce is substantially white, or all members of some other class.

Avoid giving false or misleading information to members of any group or failing to fail or refuse to advise them of work opportunities. Avoid advertising classifications that specify gender or age unless it is a bona fide occupational qualification for the job. Do not deny a job to a disabled individual if the person is qualified and able to perform the essential functions of the job.

Make reasonable accommodations for candidates that are otherwise qualified but unable to perform an essential function unless doing so would result in a hardship. Apply tests and performance standards uniformly to all employees and job candidates. Avoid tests if they disproportionately screen out minorities or women and are not job related. Do not give preference to relatives of current employees if your current employees are substantially non-minority. Do not establish requirements for physical characteristics unless you can show they are job related.

Review job application forms, interview procedures, and job descriptions for illegal questions and statements. Do not ask applicants whether they have ever been arrested or spent time in jail. However, you can ask about conviction records. Commented [ey7]: No answer provided Analytic Skills; Learning Outcome: Divide the class into groups of three to five students.

Each group should develop answers to the following questions: Based on what you read in this chapter, on what legal basis could the year-old California attorney claim he was a victim of discrimination?

Clearly, age discrimination is one of the claims. The ADEA made it unlawful to discriminate against employees who are over Disability discrimination is another potential claim if the claimant relates substandard performance to a disability.

Summarize the nature and effects of equal employment opportunity laws b. On what laws and legal concepts did the employer apparently base its termination of this year-old attorney? Under the legal concept of management rights, employers have the right to hire, promote, assign, discipline, and discharge employees. The employer in this case has based its termination on job performance, with documentation of complaints from association members about his advice, subsequent complaints over a two year period from association members, and he was fired for mistreating members and providing inadequate legal advice.

Reflective Thinking Skills; Commented [ey8]: Awkward sentence Learning Outcome: Summarize the nature and effects of equal employment opportunity laws c. Based on what laws or legal concepts could you take the position that it is legal to fire someone for poor performance even though there may be a discriminatory aspect to the termination which is not say that there necessarily was such a discriminatory aspect with this case.

Commented [ey9]: Confusing A person who feels he was discriminated against must prove either that he was subjected to unlawful disparate treatment intentional discrimination or that the procedure in question has a disparate impact unintentional discrimination upon members of his protected class in this case, age. The employer here has provided evidence that its decision to terminate was based on legitimate nondiscriminatory reasons documented job performance issues which have nothing to do with the prohibited discrimination alleged.

This is a basic defense that is accepted by the courts, and in fact, was accepted in this case. Summarize the nature and effects of equal employment opportunity laws d. If you were the judge called on to make a decision on this case, what would your decision be, and why?

Most students will probably come to the same conclusion as the judge in this case, which is that the Association fired the 61 year old lawyer because of performance. A Case of Racial Discrimination? All questions in this case: Summarize the nature and effects of equal employment opportunity laws 1. Do you think Ms. Browne Sanders had the basis for a sexual harassment suit?

It does appear thate MsMs. Browne Sanders had the basis for a sexual harassment suit. The timing of her termination should raise serious concerns because is quite suspect. Given that Madison Square Garden terminated her employment only one month after she complained to top management about the harassment.

The Garden also did not present credible witnesses to corroborate the reason for their decision. From what you know of this case, do you think the jury arrived at the correct decision? If not, why not? The jury did arrive at the appropriate decision given the facts that were presented in this case. The Garden had a responsibility to demonstrate concrete reasons for their termination decision. It does not appear that any specific reasons were shared with the jury.

Based on the few facts provided, that you have, what steps could Garden management have taken to protect the organization itself from liability in this matter? A number of steps could be taken. First, the Garden should have conducted a thorough investigation and documented the results in a written report.

Second, the Garden supplied a very generalized response for the termination. Before terminating an employee for performance, an organization should demonstrate that a number of actions were taken to coach and counsel the employee before termination. Student answers will vary but look for answers that incorporate concepts from the chapter and take into account the seriousness of addressing this issue in the future.

Opinions will vary but make sure students are understandingunderstand the bigger issues surrounding this. Continuing Case: The American with Disabilities Act requires employers to make reasonable accommodations for disabled employees, and it prohibits discrimination against disabled persons. Commented [ey1]: Should this be one of the numbers underneath? These changes will make it easier for employees to show their disabilities are limiting.

Specifically, it prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements. State and local equal employment opportunities agencies play a role in the equal employment compliance process. Sexual Harassment 1. What is Sexual Harassment? It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that takes place under any of the following conditions: a.

Proving Sexual Harassment: There are 3 main ways an employee can prove sexual harassment: a. Hostile Environment Created by Supervisors - shows that even though there were no direct threats or promises in exchange for sexual advances, advances interfered with performance and created an offensive work environment. Commented [ey2]: confusing c. Hostile Environment Created by Coworkers or Non-employees - An employer is liable for the sexually harassing acts of its employees and in some cases, customers, if the employer knew or should have known of the harassing conduct.

Supreme Court Decisions a. A tangible job action is not necessary in a quid pro quo case. Employees must take advantage of any preventative or corrective opportunities provided by the employer. These are discussed.

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Commented [ey3]: where? What the Employee Can Do a. If the letters and appeals to the employer do not suffice, the accuser should turn to the local office of the EEOC to file the necessary claim. Defenses Against Discrimination Allegations A. The Central Role of Adverse Impact — Employers may not institute an employment practice that causes a disparate impact on a particular class of people unless they can show that the practice is job related and necessary.

How can Someone Show Adverse Impact? There are four basic approaches discussed. These disparate rejection rates can be demonstrated when there is a discrepancy between rates of rejection of members of a protected group and of others. The sStandard dDeviation Rrule — Hhelps to describe how wide a range there is between the number of minority candidates one would have expected to hire and the number actually hired.

Population cComparisons is an approach that compares 1 the percentage of the protected group and white workers in the organization with 2 the percentage of the corresponding groups in the labor market, where the labor market is usually defined as the U. Census data for the Standard Metropolitan Statistical Area. Bona Fide Occupational Qualification BFOQ — is a defense used to justify an employment practice that may have an adverse impact on members of a protected class.

This is ever more narrowly interpreted by courts. There is a narrowing of exceptions for BFOQ. Commented [ey6]: Unclear meaning 2. Religion as a BFOQ — is justified in the case of religious organizations or societies that require employees to share their particular religion.

Gender as a BFOQ is allowed for positions requiring specific physical characteristics necessarily possessed by one sex. Business nNecessity — is a defense created by the courts that, which requires an employer to show an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable.

Other Considerations in Discriminatory Practice Defenses: 1 good intentions are no excuse; 2 employers cannot count on hiding behind collective bargaining agreements, and 3 employers can react to a charge by agreeing to eliminate the illegal practice and when required by compensating the individuals discriminated against.

Illustrative Discriminatory Employment Practices A. Rather, the impact of the questions is what courts assess in making determinations about discriminatory practices. Care should be taken in devising employment practices and in training recruiters.

Recruitment - If the workforce is not truly diverse, relying on word of mouth to spread information about job openings can reduce the likelihood of all protected groups having equal access to job openings. It is unlawful to give false or misleading job information. Help wanted ads should be screened for potential age and gender bias.

Selection Standards - Educational requirements and tests that are not job related, or which result in adverse impact, can be found to be illegal. Showing preference to relatives may also contribute to a lack of racial diversity.

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Application forms should not contain questions which may allow potentially discriminatory information to be gathered. Discharge due to garnishment may result in adverse impact to minority groups.

Sample Discriminatory Promotion, Transfer, and Layoff Practices — Fair employment laws protect not just job applicants but also current employees. In some cases, the courts have agreed. What the Supervisor Should Keep in Mind — Learn Understand the questions you can and cannot ask when interviewing applicants, and know what constitutes sexual harassment, and understand how equal opportunity laws affects all your human resources decisions, including those relating to appraisal, compensation, promotions, disciplinary procedures, and employee dismissals.

File Charge — Under CRA , the charge generally must be timely filed in writing and under oath by or on behalf of the person claiming to be aggrieved, or by a member of the EEOC who has reasonable cause to believe that a violation occurred. An informal fact finding conference is held early in the investigation to see if negotiation is possible.

The emphasis is on settlement. If the EEOC finds reasonable cause for the charge, it must attempt conciliation. Notice to Sue - If the EEOC is unable to obtain an acceptable conciliation agreement, it may sue the employer in federal district court or issue a Notice of Right to Sue to the person who filed the charge.

Voluntary Mediation - A neutral third party may aid the parties in reaching voluntary resolution. The EEOC will ask the employer to participate if the claimant agrees to mediation. Employer options include mediating the charge, making a settlement offer, or preparing a position statement for the EEOC. Mandatory Arbitration of Discrimination Claims - As many courts come to view compulsory arbitration as an acceptable alternative to litigation, the following are suggestions to employers: a.

Review all employment discrimination suits filed to determine whether they involve an employee subject to any type of arbitration agreement.

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Decide whether to move to compel arbitration of the claim. Consider inserting a mandatory arbitration clause in the employment application or employee handbook. To protect against appeal, institute steps to protect against arbitrator bias; allow the arbitrator to afford a claimant broad relief, and allow for a reasonable amount of fact-finding.

Benefits include increased employee commitment and satisfaction. One diversity expert concluded that five sets of voluntary organizational activities are at the heart of any diversity management program: 1 provide strong leadership; 2 assess the situation; 3 provide diversity training and education; 4 change culture and management systems; 5 evaluate the diversity management program.

Encouraging Inclusiveness — Overcoming barriers to inclusion is essential for managing diversity. Affirmative action goes beyond equal employment opportunity by requiring the employer to make an extra effort to recruit, hire, promote, and compensate those in protected groups to eliminate the present effects of past discrimination.

Implementing the Affirmative Action Program — Executive Order requires that a numerical analysis of the workforce be conducted, and that barriers to equal employment be eliminated through a good faith effort strategy.

It is vital that current employees see this program as fair. This is accomplished through good communication, program justification, and transparent selection procedures. These are the steps in an affirmative action program: 1.

Issue a written equal employment policy. Appoint a top official with responsibility and authority to direct and implement the program. Publicize the equal employment policy and affirmative action commitment. Survey present minority and female employment by department and job classification to determine locations where affirmative action programs are especially desirable.