PHR Prep Module 2

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Amendments to Americans with Disabilities Act covering mitigating measures and definition of individuals regarded as having a disability.

ADA Amendments Act

Occurs when the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate; also known as disparate impact.

Adverse impact

Practice in which employers identify conspicuous
imbalances in their workforce and take positive steps to correct underrepresentation of protected classes.

Affirmative action (AA)

Plans that focus on the hiring, training, promoting,
compensating, and terminating of protected classes.

Affirmative action plans (AAPs)

Act that prohibits discrimination in employment for
persons age 40 and over except where age is a bona fide occupational qualification.

Age Discrimination in Employment
Act (ADEA)

1975 court ruling that items used to validate employment requirements must be job-related.

Albemarle Paper v. Moody

Use of alternative recruiting sources and workers who are not regular employees; also known as flexible staffing.

Alternative staffing

Act that prohibits discrimination against a qualified
individual with a disability because of his/her disability.

Americans with Disabilities Act
(ADA)

Tests that measure the general ability or capacity to learn or acquire a new skill.

Aptitude tests

Method of evaluating candidates using content-valid work samples of a job; typically for managerial positions.

Assessment centers

Analysis in which organization considers internal and
external availability in determining theoretical availability of minorities and women for established job groups.

Availability analysis

Type of interview that focuses on how applicant
previously handled real work situations.

Behavioral interview

Situation in which gender, religion, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of a business or enterprise.

Bona fide occupational qualification
(BFOQ)

1989 Court ruling that the numerical quota system of
Richmond, Virginia, was unconstitutional because the city had not laid the proper groundwork and had not adequately identified or documented discrimination.

City of Richmond v. J. A. Croson
Company

First comprehensive U.S. law making it illegal to
discriminate on the basis of race, color, religion, sex, or national origin.

Civil Rights Act of 1964

Act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged intentional discrimination the right to a jury trial.

Civil Rights Act of 1991

Questions that can usually be answered with yes or no.

Closed questions

Situation in which an organization shares joint
responsibility and liability for their alternative workers with an alternative staffing supplier; also known as joint employment.

Co-employment

Tests that assess skills the candidate has already learned.

Cognitive ability tests

Set of job competencies that together make up a profile for success for a particular job.

Competency model

Evaluation that requires an organization to provide details on and documentation of its affirmative action plan.

Compliance evaluation

Type of criterion-related validity determined by relating the test scores of a group of test takers who take a test (Test A) to some other criterion measure (Test B) that is administered at the same time.

Concurrent validity

Act that requires that federal employee relations legislation enacted by Congress apply to employees of Congress.

Congressional Accountability Act

Extent to which a selection device measures the theoretical construct or trait (e.g., intelligence or mechanical comprehension).

Construct validity

Occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign.

Constructive discharge

Act that limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.

Consumer Credit Protection Act

Degree to which an interview, test, or other selection
device measures the knowledge, skills, abilities, or other
qualifications that are part of the job.

Content validity

Refers to the link between a selection device and job
performance.

Criterion-related validity

Failure to recognize responses of a candidate that are
socially acceptable rather than factual.

Cultural noise

Forecasting technique that progressively collects
information from a group without physically assembling
the contributors.

Delphi technique

Type of interview in which interviewer poses specific
questions to a candidate and keeps control.

Directive interview

Physical or mental impairment that substantially limits
major life activities.

Disability

Occurs when the selection rate for a protected class is less
than 80% of the rate for the class with the highest selection
rate; also known as adverse impact.

Disparate impact

Occurs when protected classes are intentionally treated
differently from other employees or are evaluated by
different standards.

Disparate treatment

Court ruling that distinguished between supervisor
harassment that results in tangible employment action and
supervisor harassment that does not.

Ellerth v. Burlington Northern
Industries

Act that makes it unlawful for employers to use polygraphs
in employment decisions except for a few narrowly
defined exceptions for "security-sensitive" positions.

Employee Polygraph Protection Act

Process of positioning an organization as an "employer of
choice" in the labor market.

Employment branding

Agreement between an employer and an employee that
explains the employment relationship.

Employment contract

Makes the hiring decision official; should immediately
follow the final decision to hire a candidate; formally
communicated through offer letter.

Employment offer

Protects an employer against claims by workers that their
legal rights as employees of the company have been
violated.

Employment practices liability
insurance (EPLI)

Primary job duty that a qualified individual must be able to
perform, either with or without accommodation; a function
may be considered essential because it is required in a job
or because it is highly specialized.

Essential function

External recruiting method; firms seek out candidates,
usually for executive, managerial, or professional
positions.

Executive search firms

Interview conducted when an employee is terminating with
a company in which employee is asked to share views on
selected issues.

Exit interview

Collective term for employees sent abroad to work in a
country other than where they live.

Expatriates

Act that provides some relief to employers using third
parties to conduct workplace investigations.

Fair and Accurate Credit
Transactions Act (FACT)

Act that protects privacy of background information and
ensures that information supplied is accurate.

Fair Credit Reporting Act (FCRA)

Court ruling that distinguished between supervisor
harassment that results in tangible employment action and
supervisor harassment that does not.

Faragher v. City of Boca Raton

Type of interviewer bias in which interviewer makes snap
judgments and lets first impression (either positive or
negative) cloud the interview.

First-impression error

Use of alternative recruiting sources and workers who are
not regular employees; also known as alternative staffing.

Flexible staffing

Occurs when a creditor obtains a court order requiring an
employer to attach an employee's earnings in order to pay
back a debt.

Garnishment

Case in which Supreme Court held that the Age
Discrimination in Employment Act does not protect
younger workers, even if they are over age 40, from
workplace decisions that favor older workers.

General Dynamics Land Systems,
Inc., v. Cline

Act that prohibits discrimination against individuals on the
basis of their genetic information in both employment and
health care.

Genetic Information
Nondiscrimination Act (GINA)

Case in which Supreme Court held that University of
Michigan's undergraduate admission program was not
sufficiently "narrowly tailored" to consider race as a factor
in admission decisions in order to achieve goal of a diverse
student body.

Gratz v. Bollinger

1971 case that recognized adverse impact discrimination.

Griggs v. Duke Power

Type of interview where multiple job candidates are
interviewed by one or more interviewers at the same time
or where multiple people in an organization interview a
single job candidate.

Group interview

Case in which Supreme Court held that University of
Michigan's law school admission program was sufficiently
"narrowly tailored" to consider race as a factor in
admission decisions in order to achieve goal of a diverse
student body.

Grutter v. Bollinger

Type of interviewer bias in which interviewer allows one
strong point in candidate's favor to overshadow all other
information.

Halo effect

Court ruling that established "reasonable person" standard
in a sexual harassment case.

Harris v. Forklift Systems, Inc.

Measures of applicants' propensity toward undesirable
behaviors such as lying, stealing, taking drugs, or abusing
alcohol.

Honesty/integrity tests

Type of interviewer bias in which the interviewer allows
one strong point that works against candidate to
overshadow all other information.

Horn effect

Employees hired for jobs in their own countries; also
known as local nationals.

Host-country nationals (HCNs)

Occurs when sexual or other discriminatory conduct is so
severe and pervasive that it interferes with an individual's
performance; creates an intimidating, threatening, or
humiliating work environment; or perpetuates a situation
that affects the employee's psychological well-being.

Hostile environment harassment

Act that prohibits discrimination against job applicants on
the basis of national origin or citizenship; establishes
penalties for hiring illegal aliens and requires employers to
establish each employee's identity and eligibility to work.

Immigration Reform and Control
Act (IRCA)

Traditional term used to describe employees brought in
from another country to work in the headquarters country
for a specified period.

Inpatriates

All-encompassing term used to describe anyone on an
international assignment.

International assignee

When employers decide to discharge particular employees
for cause (e.g., poor performance, violations of employer
policy).

Involuntary termination

Systematic study of jobs to determine what activities and
responsibilities they include, relative importance and
relationship with other jobs, personal qualifications
necessary for performance, and conditions under which
work is performed.

Job analysis

According to EEO regulations, anyone who expresses an
interest in employment, regardless of whether that person
meets the employer's minimum qualifications for the job.

Job applicant

Internal recruiting method that allows employees to
indicate an interest in a position before one becomes
available.

Job bidding

Knowledge, skills, and abilities (KSAs) and other personal
characteristics that work together to produce outstanding
performance in a given area of responsibility.

Job competencies

Summarizes most important features of a job, including
required tasks, knowledge, skills, abilities, responsibilities,
and reporting structure.

Job description

Part of affirmative action plan that lists all job titles that
comprise each job group having similar content and
responsibilities, wage rates, and opportunities for
advancement.

Job group analysis

Internal recruiting method that allows current employees
the chance to respond to announcements of positions.

Job posting

Spells out qualifications necessary for an incumbent to be
able to perform a job.

Job specification

Amendment to Vietnam Era Veterans Readjustment
Assistance Act; deals with discrimination against certain
veterans by the U.S. government and federal contractors.

Jobs for Veterans Act (JVA)

Court ruling that endorsed using gender as one factor in an
employment decision if underrepresentation is shown and
if the affirmative action plan is not a quota system.

Johnson v. Santa Clara County
Transportation Agency

Situation in which an organization shares joint
responsibility and liability for their alternative workers
with an alternative staffing supplier; also known as coemployment.

Joint employment

Use of information from past and present to predict future
conditions.

Judgmental forecasts

Case in which Supreme Court held that the availability of
punitive damages depends on the motive of the
discriminator rather than the nature of the conduct.

Kolstad v. American Dental
Association

Act that creates a rolling time frame for filing wage
discrimination claims and expands plaintiff field beyond
employee who was discriminated against.

Lilly Ledbetter Fair Pay Act

Employees hired for jobs in their own countries; also
known as host-country nationals (HCNs).

Local nationals

Case that established criteria for disparate treatment.

McDonnell Douglas Corp. v. Green

Case in which Supreme Court held that evidence of
misconduct acquired after the decision to terminate cannot
free an employer from liability, even if the misconduct
would have justified terminating the employee.

McKennon v. Nashville Banner
Publishing Co.

Court ruling that first held that sexual harassment violates
Title VII of the Civil Rights Act of 1964 regardless of
whether it is quid pro quo or hostile environment
harassment.

Meritor Savings Bank v. Vinson

Statistical method that can be used to project future
demand; several variables are utilized.

Multiple linear regression

Type of interviewer bias that involves rejecting a candidate
on the basis of a small amount of negative information.

Negative emphasis

Group of individuals who meet face-to-face to forecast
ideas and assumptions and prioritize issues.

Nominal group technique

Type of interview in which interviewer asks open
questions and provides general direction but allows
applicant to guide process.

Nondirective interview

Document that formally communicates the employment
offer, making the hiring decision official.

Offer letter

Court ruling that same-gender harassment is actionable
under Title VII.

Oncale v. Sundowner Offshore
Service, Inc.

Employees who report to work only when needed.

On-call workers

Type of question that typically begins with what, where,
why, when, or how.

Open question

Part of an affirmative action plan that provides a graphical
presentation of the organizational units, including their
interrelationships.

Organizational display

Process of managing the way people leave an organization.

Organizational exit

Depicts the staffing pattern of a facility to determine if
barriers to equal employment opportunity exist within any
organizational unit.

Organizational profile

Any discrete component of an organization in which there
is a level of supervision responsible and accountable for
the selection, compensation, etc., of employees within the
unit.

Organizational unit

Systematic process by which a laid-off or terminated
employee is counseled in the techniques of career selfappraisal
and in securing a new job that is appropriate to
his or her talents and needs.

Outplacement

Flexible staffing option in which an independent company
with expertise in operating a specific function contracts
with a company to assume full operational responsibility
for the function.

Outsourcing

Type of interview in which structured questions are spread
across a group; individual who is most competent in the
relevant area usually asks the question.

Panel interview

Citizens of an organization's headquarters country who
reside and work abroad with the intent of returning to the
home country.

Parent-country nationals (PCNs)

Type of interview in which interviewer asks each applicant
questions that are from the same knowledge, skill, or
ability area; also called targeted interview.

Patterned interview

When a company needing help identifies specific people
and refers them to a staffing firm, which employs them and
assigns them to work at the company.

Payrolling

Case in which Supreme Court ruled on the use of the
affirmative defense in a constructive discharge claim for
an employer whose supervisors are charged with
harassment.

Pennsylvania State Police v. Suders

Streamlined process for obtaining labor certification for
foreign nationals seeking permanent residence through
their employment.

PERM (Program Electronic Review
Management)

Tests that measure person's social interaction skills and
patterns of behavior.

Personality tests

Objectives or targets in an affirmative action plan that are
set when the percentage of minorities or women in a job
group is less than reasonably expected given their
availability.

Placement goals

Test that measures respiration, blood pressure, and
perspiration while person is asked a series of questions;
outcome is a diagnostic opinion about honesty.

Polygraph test

Type of criterion-related validity; degree to which
predictions made by a test are confirmed by the later
behavior of test takers.

Predictive validity

Act that prohibits discrimination on the basis of pregnancy,
childbirth, or related conditions.

Pregnancy Discrimination Act

Type of interview that is useful when an organization has a
high volume of applicants for a job and face-to-face
interviews are needed to judge prequalification factors.

Prescreening interview

Latin term for "on first view" or "at first appearance."

Prima facie

Act that protects the employment records of federal
government employees from disclosure without prior
authorization.

Privacy Act

People who are covered under a federal or state
antidiscrimination law.

Protected class

Tests that require a candidate to demonstrate a minimum
degree of strength, physical dexterity, and coordination in
a specialized skill area.

Psychomotor tests

Type of sexual harassment that occurs when an employee
is forced to choose between giving in to a superior's sexual
demands and forfeiting an economic benefit such as a pay
increase, a promotion, or continued employment.

Quid pro quo harassment

Involves hiring and promoting a fixed number of
individuals based on race, gender, or other protected-class
standards that must be met.

Quota

Part of the selection process that provides an applicant
with honest and complete information about a job and the
work environment.

Realistic job preview (RJP)

Modifying job application process, work environment, or
circumstances under which job is performed to enable a
qualified individual with a disability to be considered for
the job and perform its essential functions.

Reasonable accommodation

Court ruling that colleges and universities could
legitimately consider race as a factor in the admissions
process.

Regents of the University of
California v. Bakke

Act that prohibits discrimination based on physical or
mental disabilities.

Rehabilitation Act

Traditional term referring to employees who have returned
home from an international assignment.

Repatriates

Type of interview in which interviewer asks every
applicant the same questions; also called a structured
interview.

Repetitive interview

Document prepared by job candidate (or professional hired
by candidate) to highlight candidate's strengths and
experience.

Résumé

Result of an employer punishing an employee for engaging
in activities protected by the law (e.g., filing a
discrimination charge, opposing unlawful employer
practices).

Retaliatory discharge

Ability to keep talented employees in an organization.

Retention

Supreme Court ruling that persons with contagious
diseases could be covered by the Rehabilitation Act of
1973.

School Board of Nassau v. Arline

Allow organizations to partner with communities and
schools to help develop the skilled workforce they will
need for the future.

School-to-work programs

Process of hiring the most suitable candidate for a vacant
position.

Selection

Interview designed to probe areas of interest to interviewer
in order to determine how well a job candidate meets the
needs of the organization.

Selection interview

Unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature.

Sexual harassment

Projection of future demand based on a past relationship;
involves a single variable.

Simple linear regression

Representations of real situations; give organizations the
opportunity to speculate as to what would happen if certain
courses of action were pursued.

Simulations

Type of interview in which interviewer asks hypothetical
questions designed to elicit stories and examples that
demonstrate the applicant's skills and qualifications.

Situational interview

Computerized talent or skill inventories that can furnish a
list of qualified people.

Skill banks

Computerized talent or skill inventories that can furnish a
list of qualified people.

Skill tracking systems

Case in which Supreme Court held that Age
Discrimination in Employment Act authorizes recovery on
a disparate impact theory but with narrower scope than that
provided under Title VII.

Smith v. Jackson, Mississippi

Court ruling that Title VII plaintiff must show that
discrimination was the real reason for an employer's
actions.

St. Mary's Honor Center v. Hicks

HR function that identifies organizational human capital
needs and attempts to provide an adequate supply of
qualified individuals for jobs in an organization.

Staffing

Agencies that provide employee screening, testing, and
referral at no cost to the employer.

State (public) employment agencies

Type of interviewer bias that involves forming generalized
opinions about how people of a given gender, religion, or
race appear, think, act, feel, or respond.

Stereotyping

Type of interview in which interviewer assumes an
aggressive posture to see how a candidate responds to
stressful situations.

Stress interview

Type of interview in which interviewer asks every
applicant the same questions; also called a repetitive
interview.

Structured interview

Measures intended to ensure a drug-free workplace.

Substance abuse tests

Type of interview in which interviewer asks each applicant
questions that are from the same knowledge, skill, or
ability area; also called patterned interview.

Targeted interview

Court ruling that nonremedial affirmative action plan
cannot form the basis for deviating from the
antidiscrimination mandate of Title VII.

Taxman v. Board of Education of
Piscataway

Type of interview used in situations where the position
relies heavily on team cooperation; supervisors,
subordinates, and peers are usually part of the process.

Team interview

Traditional term used to describe employees who are
citizens of countries other than where they work or where
the organization's headquarters resides.

Third-country nationals (TCNs)

Use of statistics to determine whether relationships exist
between two variables.

Trend and ratio analyses

Annualized formula that tracks number of separations and
total number of workforce employees for each month.

Turnover

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