Human Resources For The Non-HR Manager 1st Edition Carol T Kulik, Elissa Perry - Solutions

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Given the facts of this case, should Chad have been discharged? Why or why not?
Identify the different types of alternative dispute resolution methods.
Differentiate separate sets of disciplinary policies that use progressive and positive discipline approaches.
Explain the concepts of employee rights and employer responsibilities.
If you were presented with this case, what decision would you reach? Explain.
Is the charge of discrimination presented by Donald’s lawyer relevant to this case? Explain your answer.
When conflicting medical opinions are presented, should the advice of a medical expert count more heavily than the opinion of a general physician?Explain your answer.
How can employees protect themselves against workplace violence?
What are some actions management can take to help prevent workplace violence?
What are some violence indicators an employee might display?
To live a healthier life, medical professionals say we need to identify those things we currently do that either impair or contribute to our health. Discuss with others a way to develop a lifetime program for a healthy lifestyle.
What steps should management take to increase the motivation of their employees to operate safely?
When OSHA was enacted in 1970, it was heralded as the most important new source of protection for the U.S. worker in the second half of the twentieth century. Based on the information presented in this chapter, what is your opinion about the effectiveness or the ineffectiveness of this act? Should
True or False? Employers have 24 hours to report to OSHA accidents that result in a fatality.
True or False? Employers are required to allow OSHA inspectors on premises for unannounced inspections.
True or False? Employers are required to provide employee training on OSHA standards.
Which causes more accidents: unsafe actions or unsafe conditions?
True or False? So that they can correct potential health and safety problems, employers have the right to know the name of an employee who files a complaint with OSHA.
True or False? OSHA requires employers to give its inspectors access to employees’ medical and safety records.
True or False? Employers have the legal right to have a company representative accompany OSHA compliance officers on inspections.
True or False? Employers have the right to be told by an Occupational Safety and Health Administration (OSHA) compliance officer the reason why their workplace is undergoing investigation.
Describe the programs organizations utilize to build better health among their workforces.
Describe the measures managers and employees can take to create a safe work environment.
Summarize the general provisions of the Occupational Safety and Health Act (OSHA).
If you were Janis Blancero, how would you resolve this dilemma? Explain.
(a) Should Adobe establish a policy for granting flexible work schedules? Explain.(b) If you answered yes, what might that policy contain?
Do managers like Janis Blancero face a more complicated decision when evaluating the personal requests of employees versus evaluating employees’ individual work performance?Explain.
Working in teams of three or four, assume your team was hired as a benefits consultant to a small business having 50 to 60 employees.What benefits do you believe this employer should offer, given its limited resources?Justify your reasons for offering these benefits while considering their
Employers are required by law to provide specific benefits to employees. Which laws mandate benefits to employees, and what are the provisions of those laws?
Many organizations are concerned about the rising cost of employee benefits and question their value to the organization and to the employees. In your opinion, which benefits are of greatest value to employees? To the organization? Why?
Describe the types of work–life benefits, retirement programs, and pension plans, as well as the regulations related to them.
Summarize the employee benefits required by U.S.law.
Detect cost-effective strategies companies use to develop benefits plans.
Have I examined my job advertisements, hiring practices, and human resource management policies to ensure that I am not using age as a basis for decisions? (For example, watch for job advertisements that explicitly mention a preferred age or age range. Unless the job involves public safety, it's
Are all organizational decision makers familiar with the requirements of the ADEA, and do they know not to use age as a factor in organizational decisions? (Even if your job advertisements and organizational policies are age neutral, individual decision makers may be using age as a decision
Am I basing my human resource decisions on clearly specified, job-related criteria that are applied consistently to applicants and employees of different ages? (Job-relevant criteria are more likely to be seen as "reasonable" and nondiscriminatory even if they have a disproportionate effect on
Are stereotypes about older workers influencing my decisions about older job applicants? (Before deciding not to hire an older job applicant, ask yourself whether you'd make the same decision if the applicant were younger. This can encourage you to focus on objective criteria rather than
Are training and development opportunities available to employees of all ages? What criteria am I using to approve or deny training requests? (Establishing policies about training opportunities, and educating employees about those policies, can help to ensure that older workers are not missing out
How is training delivered in my organization? Are instructors sensitive to the training needs of different ages? (Training programs that are self-paced and actively involve the trainee in the learning process are likely to be more effective for older trainees.)
"I've been interviewing candidates for an entry-level management position.The strongest candidate is a woman in her mid~50s who lost her former job during a downsizing initiative. She's good, and she's got a wealth of experience, but really, she's overqualified for this position.She's used to a big
"I manage a local radio station, and we're considering a change in our programming format. We'd like to move from the easy-listening, softrock format we have now to one that's more contemporary. This isn't a v ' super-big change—it's n o t like we're suddenly going t o start playing rap and punk.
"I supervise a group of tellers at a branch bank. The bank is going to introduce a new computer system, and we've been encouraging the tellers to start attending training sessions. The system won't come online for a while, but it helps us to manage the absences if we can stagger the training over
Have I reviewed the application process to ensure that qualified people with disabilities can apply for the job? (Pay special attention to parts of the application process that can only be done in one way—e.g., by using a phone, or by taking a paper-and-pencil test. Unless these procedures
• Have I made sure that the physical space in which I conduct interviews is accessible to employees with disabilities? (Be on the alert for interview rooms that are too small to accommodate interpreters, seeing eye dogs, or wheelchairs. Also watch for interview rooms that are only accessible by
• Am I familiar with the job's essential functions? (Remember that decisions about applicants with disabilities can only be based on the essential functions. Review job descriptions and clarify which requirements are essential, and which are nonessential. Talk with current job incumbents and
• Have I developed behavioral interview questions that focus on the job's essential functions? (Behavioral questions will help the applicant to identify situations in which accommodations may be necessary, and open the door to a frank discussion about how the applicant can best perform the job.)
Am I familiar with the ADA requirements regarding confidentiality?Who is in a "need to know" position? (The ADA requires that you share information about an employee's disability and any accommodations with supervisors and coworkers only on a need to know basis.)
Have I educated my workforce about the ADA and its requirements?Do employees know the broad range of disabilities that are covered by the ADA, and the kinds of accommodations that might be made? (These educational efforts should emphasize that disabilities may sometimes be invisible to coworkers,
Do my employees understand the importance of "pitching in"to help coworkers perform their jobs—including coworkers with a disability? Am I prepared to evaluate and reward these behaviors?(Your performance evaluation system is a valuable tool in situations where coworkers must assist in the
"I recently hired a computer programmer with multiple sclerosis. She's terrific.The only problem is that, because of her muscular weakness, she can't maintain an erect sitting position for more than about thirty minutes.Every half hour, somebody will need to help her get repositioned so that she
"One of my employees has a drinking problem, and it's beginning to affect his job performance. Can I fire this employee, or is he protected under the ADA?"
"I recently hired a new employee to work on a big new project with a pressing deadline. Her job offer was conditional on passing a medical exam. Well, the exam identified a problem. It's not life-threatening, but the treatment will require her to miss several days of work every week—it'll be
"I'm a mid-level manager in a small company, and we just started offering a training program designed to help employees recognize sexual harassment.All the managers went through the training, and then we ran the training within our individual units. After the training session in my unit, one of my
"I've got a real problem on my hands. One of our team leaders is verbally abusive to his team members—yelling, swearing, things like that. Most of the complaints I'm hearing come from female staffers, but when I investigated the situation, I learned that he's just as likely to launch into a
"I work in HR at a bank, and I recently learned that one of our senior managers is dating a teller. By all accounts, this is a voluntary, consensual relationship. Still, should I be concerned about sexual harassment claims resulting from their relationship?"
have employees been trained so that they understand sexual harassment and the organizational policy? (All employees should be trained to recognize sexual harassment and know how to take action against it. But employees with supervisory responsibilities will need additional training to know how to
• Is there a system ready to receive and investigate complaints?Are there any obstacles that would limit an employee's ability to bring a complaint forward? (The best complaint system is one that provides employees with alternative channels and the opportunity to bypass the usual chain of
• Are all employees aware of the policy? (The policy should be easily accessible to all employees.)
Does my organization have a strongly worded policy on sexual harassment that clearly defines sexual harassment? (Make sure that the policy is jargon-free and includes specific examples of both quid pro quo and hostile environment harassment.)
What is an affirmative defense in sexual harassment? (An organization may be able to defend itself against some hostile environment claims by demonstrating that it took reasonable care to protect employees from harassment, and that the complaining employee unreasonably did not take advantage of the
What does strict liability mean in the context of sexual harassment?(An organization is always responsible for the behavior of its authorities.It is legally liable for quid pro quo or hostile environment harassment initiated by organizational supervisors or managers.)
What's the difference between quid pro quo and hostile environment sexual harassment? (Quid pro quo harassment involves an exchange of job outcomes for sexual favors; a hostile environment is created by the actions of other people in the workplace, even if these actions have no direct impact on the
"My company is going through a major downsizing effort and I'm going to have to tell several of my staff that they are being let go. Headquarters has sent me a script that I'm supposed to use. But I feel false using a script. These are people I've known for years, and it breaks my heart to see them
"I've learned recently that I'm going to need to reduce the size of my workgroup as part of a company-wide downsizing initiative. It's clear to me which employee should go—Richard is clearly my lowest performer, and he doesn't have the same level of skill as my other employees. Here's my
"I have an employee who has repeatedly violated company policy on work hours and absenteeism. I followed my company's progressive discipline policy, and told Lucy that she was being fired. She wasn't surprised—we've talked about her attendance problems on multiple occasions. But Lucy asked if she
Do I know the "next step?" (The employee should know whom to contact to ask questions or to make additional arrangements.)
Have I outlined what I want to say during the meeting? (Convey the news of the termination, and the reasons for it, clearly and unambiguously. Planning a script and rehearsing what you want to say will help to ensure a smooth accurate delivery.)
Have I identified a suitable place and time to conduct the termination meeting? (Neutral, private locations are best. Give the employee time to come to grips with the news before having to face coworkers or family.)
• How should an employee be told that he or she is being terminated? There's no shortage of horror stories when it comes to termination. One employee was fired on Take Our Daughters to Work Day—he and his daughter were escorted out of the building.42 Another employee was ordered to fire his own
• Where should an employee be told that he or she is being terminated? There's no shortage of horror stories when it comes to termination. One employee was fired on Take Our Daughters to Work Day—he and his daughter were escorted out of the building.42 Another employee was ordered to fire his
• When (what day, and what time of day) should an employee be told that he or she is being terminated? There's no shortage of horror stories when it comes to termination. One employee was fired on Take Our Daughters to Work Day—he and his daughter were escorted out of the building.42 Another
• Who should tell an employee that he or she is being terminated? There's no shortage of horror stories when it comes to termination. One employee was fired on Take Our Daughters to Work Day—he and his daughter were escorted out of the building.42 Another employee was ordered to fire his own
What's the average job tenure of the employees I am terminating?What level of skills do they possess? (Employees who have worked for you for a long time, and employees with limited skills, are most in need of outplacement benefits.)
• Do I expect the terminated employees to find work quickly? (The longer you expect your terminated employees to remain unemployed, the greater their need for severance pay.)
• What are the norms in my industry? (If employees generally receive severance pay in your industry when companies downsize, employees are likely to expect these benefits.)
Is my downsizing situation subject to the advance notification requirement of the WARN Act? (If your downsizing will affect 50 or more employees, you may be required to give employees 60 days notice. If not, you may still want to consider providing as much advance notice as possible to give
Will the termination limit the employee's access to bonuses or benefits to which he or she is otherwise entitled? (Terminations in these situations might be construed as violations of an implied covenant of good faith.)
Has anyone in the organization made any verbal or written promises to the employee? Is there any language in the employee's offer letter or employee handbook that limits the employer's ability to terminate at will? (Verbal or written promises made by organizational representatives, or communicated
Has the employee been engaged in any activities that might be interpreted as acting in the public's interest? (Look for situations in which the employee has engaged in civic duties or whistleblowing efforts. Terminations in these situations might be construed as public policy violations.)
Did the employee know that he or she was employed at will? (You may want to include this information in offer letters and reinforce the message in other written documentation.)
"Recently I've had a lot of problems with employees calling in sick on Monday morning. I suspect that they are partying too hard on the weekends.Is it time for me to start a drug testing program?"
"I supervise a group of customer service employees. One employee has lately been bringing less than her full potential to work. She hasn't done anything that directly violates any company rules, but she's been a bit short with customers. I don't think her behavior is severe enough to prompt
"My organization has a very strict attendance policy. If employees are sick, they are required to call in first thing in the morning to ex--plain their absence. If employees are taking vacation, they are re--quired to request the time off at least a week in advance. I have one employee who has been
Am I prepared to describe the problem in behavioral terms, without making any personal attributions about the employee's character?
Have I reviewed the employee's file to learn about previous disciplinary actions?
Have I reviewed the company's policy on discipline, so that I know the appropriate action to take with respect to the offense?
Have I identified the specific company rules and policies that the employee's behavior violated? Am I prepared to explain the impact that the employee's behavior has on the workplace, including effects on coworkers or customers?
What kinds of resources do I have for training employees? (All managers should be trained in conflict management skills. However, Peer Review panels require that nonmanagement personnel receive considerable training as well. In contrast, Arbitration and Mediation systems give you the option of
How many complaints are likely to be heard in the system? (The answer to this question depends both on the size of the organization and the amount of disciplinary action taken. If you anticipate a large number of employee complaints, it may be worthwhile to invest in permanent systems for managing
What is the current level of trust within the organization? Are management personnel viewed as fair and impartial? (If manage ment is distrusted, a dispute resolute system that relies heavily on managerial judgments may be viewed with suspicion. In these situations, a Peer Review system or an
Have I made a substantial investment in my employees in terms of recruiting, training, and development activities? (If you've made a substantial effort in identifying and developing good employees, you'll want to protect that investment by engaging in positive discipline, rather than risk an
What is the demographic composition of my workforce? Am I employing highly educated, highly skilled employees? (Highly educated, highly skilled employees may find a progressive discipline approach particularly in conflict with their professional identities.)
Is my organizational culture one that encourages active employee participation in on-the-job activities? (If your organizational culture is very participative, a top-down progressive discipline approach may be a poor fit.)
Is my workplace one in which employee behavior is heavily regulated, either by union rules or by government legislation? (In heavily regulated environments, it may be more practical to employ a progressive discipline approach, because you will need to maintain detailed disciplinary records for
Are all decision makers aware of the fundamentals of EEO legislation?(If not, some decision makers may be using protected characteristics as part of their hiring, managing, or firing decisions—contrary to EEO law.)
Are all decision makers aware of the legal requirement to accommodate the needs of employees with religious obligations or employees with disabilities? (In addition to requiring nondiscrimination based on religion or disability status, EEO requires accommodation of these employees unless the
Do any of my organizational policies (on hiring, managing, or firing decisions) make distinctions between people based on protected EEO characteristics? (Look closely, for example, at grooming standards or dress codes that are gender-specific.These group-specific policies might constitute disparate
Do any of my organizational practices (regarding hiring, managing, or firing) have adverse impact on members of a group (e.g., people of a particular sex, race, or age)? (Heuristics like the four-fifths rule can be helpful in identifying organizational practices that appear neutral but have an
"I work for a company that does a large amount of business internationally, and so I regularly send my employees to other countries to meet with clients. some of these countries, it's still unusual for women to work in managerial positions, and I'm concerned that some of my clients may not respond
"I work for a toy manufacturer, and we just started recruiting employees using the Internet. Our website is very playful, and we've made it very easy for interested applicants to apply online. But a significant proportion of our applications are from kids who just think it would be fun to work at a

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Human Resources For The Non-HR Manager 1st Edition Carol T Kulik, Elissa Perry - Solutions

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