1.1-Legal principles in selection

1.1-Legal principles in selection - LEGAL PRINCIPLES IN...

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Unformatted text preview: LEGAL PRINCIPLES IN SELECTION Prof. John Kammeyer-Mueller MGT 4301 Unit 1, Lecture 1: Legal Principles in Selection Plan Where we are Fundamental operational framework for human resources Fundamental legal framework for human resources Where we want to be How do these concepts apply to the specifics of recruiting and selecting employees How we’ll know how we’re doing How disparate impact concepts related to the process of employee selection How affirmative action plans are developed and implemented When and how reasonable accommodations must be made for employees with disabilities The problems inherent in attempting to verify employee backgrounds, and the problems that arise if you don’t verify employee backgrounds Unit 1, Lecture 1: Legal Principles in Selection Metrics for Staffing Processes Costs Advertising for positions Staff time spent interviewing and applying tests Services Time to fill job requisitions Responsiveness to applicant questions Performance Adequate staffing levels to complete job tasks Employee qualifications Attitudes Employees who fit the organization Managerial and incumbent satisfaction with new hires Unit 1, Lecture 1: Legal Principles in Selection Disparate Treatment Involves allegations of intentional discrimination where employer knowingly discriminated on basis of specific characteristics Evidence May be direct May consist of a mixed motive May be inferred from situational factors 1. Person belongs to a protected class 2. Person applied for, and was qualified for, a job employer was trying to fill 3. Person was rejected despite being qualified 4. Position remained open and employer continued to seek applicants as qualified as person rejected Introduction, Lecture 4: EEO Claims Processing for HR Standard Defenses for Disparate Treatment Stray remarks Discriminatory words or phrases that do not result in actual discrimination in employment Examples include locker room talk or generic ethnic/gender slurs that are not pervasive Bona fide occupational qualifications (BFOQ): Legitimate criteria on which to discriminate on the basis of protected class status Only apply to qualifications that affect an employee’s ability to do the essential elements of the job Introduction, Lecture 4: EEO Claims Processing for HR What is a BFOQ and What Is Not Authenticity: Gender, religion, age, etc. is absolutely necessary because it is part of the core task of representing the product, service, etc. What are some examples where you think this would be covered? Customer preferences: Gender, religion, age, etc. is necessary because customers like to deal with certain types of individuals in certain situations What are some examples where you think this would be covered?...
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1.1-Legal principles in selection - LEGAL PRINCIPLES IN...

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