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52 PART 1 INTRODUCTION FIGURE 2-3 The EEOC Charge-Filing Process Note: Parties may settle at any time. Applicant or employee files charge Source: Based on information at www.eeoc.gov. EEOC advises employer of charge, and if mediation is an option Successful mediation Unsuccessful mediation EEOC may ask employer to submit statement of position of employer s side of story and EEOC may ask employer to respond to request for information (personnel files, etc.) and EEOC may ask employer to permit onsite visit by EEOC and to provide information for witness interview EEOC completes investigation Finds no reasonable cause Finds reasonable cause Issues charging party Dismissal and Notice of Rights Issues Letter of Determination Offers parties conciliation Charging party may file lawsuit in federal court within 90 days Conciliation fails Conciliation successful EEOC may litigate in federal court within 180 days of charge EEOC may decide not to litigate Sends charging party notice of Right to Sue Party may sue within 90 days
CHAPTER 2 EQUAL OPPORTUNITY AND THE LAW 53 after the alleged incident took place (2 years for the Equal Pay Act). 97 The U.S. Supreme Court, in Ledbetter v. Goodyear Tire & Rubber Company, held that employees claiming Title VII pay discrimination must file their claims within 180 days of when they first receive the allegedly discriminatory pay. Congress then passed, and President Obama signed, the Lilly Ledbetter Fair Pay Act into law. Employees can now file such claims anytime, as long they re still receiving an infected paycheck. (In fiscal year 2010, individuals filed 99,922 charges with the EEOC; the two largest categories were for race discrimination [36% of total charges], and sex discrimination [29%].) 98 * Charge Acceptance. The EEOC s common practice is to accept a charge and orally refer it to the state or local agency on behalf of the charging party. If the agency waives jurisdiction or cannot obtain a satisfactory solution, the EEOC processes it upon the expiration of the deferral period. 99 * Serve Notice. After a charge is filed (or the state or local deferral period has ended), the EEOC has 10 days to serve notice on the employer. Figure 2-4 lists some questions to ask after receiving a bias complaint from the EEOC. * Investigation/Fact-Finding Conference. The EEOC then investigates the charge to determine whether there is reasonable cause to believe it is true; it has 120 days to decide. Early in the investigation, the EEOC holds an initial fact-finding conference. However, the EEOC s focus here is often to find weak spots in each party s position. They use these to push for a settlement. * Cause/No Cause. If it finds no reasonable cause, the EEOC must dismiss the charge, and must issue the charging party a Notice of Right to Sue. The person then has 90 days to file a suit on his or her own behalf. * Conciliation. If the EEOC does find cause, it has 30 days to work out a conciliation agreement. The EEOC conciliator meets with the employee to determine what remedy would be satisfactory. It then tries to negotiate a settlement with the employer. * Notice to Sue. If this conciliation is not satisfactory, the EEOC may bring a civil suit in a federal district court, or issue a Notice of Right to Sue to the person who filed the charge. Voluntary Mediation The EEOC refers about 10% of its charges to a voluntary mediation mechanism, an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. 100 If the parties don t reach agreement (or one of the parties rejects participation), the EEOC processes the charge through its usual mechanisms. 101 FIGURE 2-4 Questions to Ask When an Employer Receives Notice That EEOC Has Filed a Bias Claim Source: Fair Employment Practices Summary of Latest Developments, January 7, 1983, p. 3, Bureau of National Affairs, Inc. (800-372-1033); Kenneth Sovereign, Personnel Law (Upper Saddle River, NJ: Prentice Hall, 1999), pp. 36 37; EEOC Investigations What an Employer Should Know, Equal Employment Opportunity Commission (www.eoc. gov/employers/investigations.html), accessed May 6, 2007. 1. Exactly what is the charge and is your company covered by the relevant statutes? (For example, Title VII and the Americans with Disabilities Act generally apply only to employees with 15 or more employees.) Did the employee file his or her charge on time, and was it processed in a timely manner by the EEOC? 2. What protected group does the employee belong to? 3. Is the EEOC claiming disparate impact or disparate treatment? 4. Are there any obvious bases upon which you can challenge and/or rebut the claim? For example, would the employer have taken the action if the person did not belong to a protected group? 5. If it is a sexual harassment claim, are there offensive comments, calendars, posters, screensavers, and so on, on display in the company? 6. In terms of the practicality of defending your company against this claim, who are the supervisors who actually took the allegedly discriminatory actions and how effective will they be as potential witnesses? Have you received an opinion from legal counsel regarding the chances of prevailing?
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HUMAN THIRTEENTH EDITION RESOURCE M
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DEDICATED TO SAMANTHA AND TAYLOR
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C O N T E N T S Preface xxiii Ackno
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CONTENTS IX Departmental Managers S
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CONTENTS XI Recruiting Source Use a
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CONTENTS XIII PART THREE TRAINING A
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CONTENTS XV Talent Management and E
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CONTENTS XVII INCENTIVES FOR SALESP
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CONTENTS XIX HR AS A PROFIT CENTER:
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CONTENTS XXI INDIVIDUAL AND GROUP A
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P R E F A C E Human Resource Manage
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PREFACE XXV This edition again cont
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A C K N O W L E D G M E N T S Every
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LEARNING OBJECTIVES 1. Explain why
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CHAPTER 4 JOB ANALYSIS AND THE TALE
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CHAPTER 5 PERSONNEL PLANNING AND RE
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CHAPTER 6 EMPLOYEE TESTING AND SELE
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CHAPTER 7 INTERVIEWING CANDIDATES 2
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CHAPTER 8 TRAINING AND DEVELOPING E
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CHAPTER 10 EMPLOYEE RETENTION, ENGA
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CHAPTER 12 PAY FOR PERFORMANCE AND
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CHAPTER 13 BENEFITS AND SERVICES 42
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CHAPTER 14 ETHICS AND EMPLOYEE RIGH
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CHAPTER 15 LABOR RELATIONS AND COLL
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LEARNING OBJECTIVES 1. Explain the
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CHAPTER 16 EMPLOYEE SAFETY AND HEAL
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CHAPTER 17 MANAGING GLOBAL HUMAN RE
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LEARNING OBJECTIVES 1. Explain why
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CHAPTER 18 MANAGING HUMAN RESOURCES
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INDIVIDUAL AND GROUP ACTIVITIES CHA
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A P P E N D I X A PHR and SPHR know
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APPENDIX A 635 08 Identify internal
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APPENDIX A 637 04 Total Rewards (16
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A P P E N D I X B Comprehensive Cas
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APPENDIX B 643 5. Miriam, the contr
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APPENDIX B 645 good manners in the
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APPENDIX B 647 dozen Googlers, tapp
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APPENDIX B 649 Auto service is a to
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APPENDIX B 651 breaks and for lunch
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APPENDIX B 653 The Baker panel look
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G L O S S A R Y action learning A t
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GLOSSARY 657 electronic performance
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GLOSSARY 659 It usually also involv
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GLOSSARY 661 role playing A trainin
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N A M E / O R G A N I Z A T I O N I
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NAME/ORGANIZATION INDEX 665 Carlson
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NAME/ORGANIZATION INDEX 667 F Faceb
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NAME/ORGANIZATION INDEX 669 456n129
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NAME/ORGANIZATION INDEX 671 London,
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NAME/ORGANIZATION INDEX 673 Patters
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NAME/ORGANIZATION INDEX 675 387n24,
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NAME/ORGANIZATION INDEX 677 Wolkins
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SUBJECT INDEX 679 Web sites, 442 Se
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SUBJECT INDEX 681 contemporary topi
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SUBJECT INDEX 683 supply of inside
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SUBJECT INDEX 685 J Job aid, 258 Jo
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SUBJECT INDEX 687 virtual job fairs
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SUBJECT INDEX 689 hostile environme
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SUBJECT INDEX 691 on-the-job traini
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