How can we help?

You can also find more resources in our Help Center.

PHR Prep Module 2

STUDY
PLAY
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
Procedural document designed to assist employers in
complying with federal regulations prohibiting
discrimination.
Uniform Guidelines on Employee
Selection Procedures
Court ruling dealing with reverse discrimination charges;
upheld that Title VII allows for voluntary, private, raceconscious
programs aimed at eliminating racial imbalance
in traditionally segregated job categories.
United Steelworkers v. Weber
Legal doctrine under which a party can be held liable for
the wrongful actions of another party.
Vicarious liability
Act that prohibits discrimination against certain veterans
by the U.S. government and federal contractors.
Vietnam Era Veterans Readjustment
Assistance Act (VEVRAA)
Court ruling that dealt with job testing and discrimination.
Washington v. Davis
Act that requires some employers to give a minimum of 60
days' notice if a plant is to close or if mass layoffs will
occur.
Worker Adjustment and Retraining
Notification (WARN) Act
List of job titles ranked from lowest- to highest-paid within
an organizational unit.
Workforce analysis
Process an organization uses to analyze its current base of
employees and determine steps it must take to prepare for
future skill and labor needs.
Workforce planning
Ratios that can help quantify recruitment efforts.
Yield ratios