ch13 遵守工作上的法律法规

1、13-1Chapter 13Complying with Workplace Justice Laws13-2HR PlanningJob AnalysisRecruitmentSelectionWorkplace JusticeUnionsSafety & HealthInternationalCompetenceMotivationWork AttitudesOutputRetentionLegal ComplianceCompany ImageCostLeadershipProductDifferentiationTraining/Develop.Performance App.

2、CompensationProductivity Imp.HRM and Competitive Advantage13-3Workplace Justice Practices and Links to Competitive AdvantageWorkplacejusticeReduce LitigationCostsEnhance PerceptionsOf Fair TreatmentPromote A FavorableCompany ImageCompetitiveAdvantage13-4Workplace Justice Laws Fairness of organizatio

3、nal practices Protect workers from arbitrary treatment Dictate day-to-day treatment of employees Ensure basic right13-5Employee Responses to Perceived Unfair Treatment Active: e.g., lawsuits, protests Passive: e.g., lowered commitment, poor “organizational citizenship”13-6Discrimination Issues in Da

4、y-to-Day Treatment of Employees Sexual harassment Pregnancy discrimination Family and medical leave Discharge Layoffs Early retirement13-7Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature13-8How Sexual Harassment Damages

5、Competitive AdvantageIncreasesDecreasesTurnoverAbsenteeismStressPsychological ProblemsMoraleTeamworkProductivity13-9Forms of Sexual HarassmentSexual HarassmentQuid Pro QuoHostile Environment13-10Quid Pro Quo Sexual Harassment Employee or applicant must provide sexual favors in order to be hired, pro

6、moted, granted a pay raise, or allowed to keep a job.13-11Hostile Work Environment Sexual Harassment Employees are subjected to unwelcome, intimidating working conditions Unwelcome: direct or indirect evidence Based on gender Abusive: severity, frequency, total number of days, context “Reasonable pe

7、rson” standard13-12When Sexual Harassment Occurs Employer is not liable if it exercised reasonable care to prevent and promptly correct the sexual harassment. the employee unreasonably failed to take advantage of the corrective opportunities provided by the employer.13-13Employer Responses to Sexual

8、 HarassmentEstablish a written policyProvide supervisory trainingEstablish investigatory guidelines that maintain confidentialityEstablish a committee of both men and women to investigate claimsUse surveys and exit interviews to detect unreported harassment13-14Investigating Claims of Sexual Harassm

9、entDetermine if the alleged behavior has actually occurred.Determine if the behavior could be legally construed as sexual harassment.Determine appropriate action to take.13-15Pregnancy Discrimination Act of 1978 Firms may not discriminate against employees on the basis of pregnancy, childbirth, or r

10、elated medical conditions. Employees who are temporarily unable to perform their jobs because of a pregnancy-related condition must be treated the same as those who are temporarily disabled for other reasons.13-16Family and Medical Leave Act of 1993 Affects employers with 50 or more employees Up to

11、12 weeks of unpaid leave per year Care for newborn child, ill family member, or self13-17Fetal Protection Policies Exclude women of childbearing age from jobs with potential reproductive hazards Employers between “a rock and a hard place”13-18Guidelines for Dealing with Fetal Protection Policies Sup

12、port research on reproductive risks Estimate the firms health risks Inform employees about health risks Consider technological controls Reduce employee exposure to toxins Conduct genetic testing Implement a fetal protection policy13-19Discharge and Discrimination Employee misconduct Poor performance

13、13-20Employee Misconduct Infraction of workplace rules Just cause Due process Progressive discipline system13-21Just Cause Cause of action should be a fair one.13-22Due Process Inform employees of “charges” against them. Provide employees opportunity to defend themselves.13-23Progressive Discipline

14、SystemVerbal WarningTerminationSuspensionWritten Warning13-24Poor Performance Last resort Performance-based Non-discriminatory Adequate documentation13-25Importance of Effective Performance Appraisal System Clear performance standards Appraisers follow company guidelines Provide corrective feedbackP

15、erformanceAppraisal13-26Layoffs and Discrimination Potential age discrimination Must have valid nondiscriminatory business justification Must implement in nondiscriminatory manner13-27Employers Defense in Age Discrimination Layoff Case Layoff not a pretext for discrimination Considered all other opt

16、ions Justified for a particular complainant Statistical evidence of non-discrimination13-28Early Retirement and Discrimination Potential age discrimination Ask retirees to waive right to sue Older Workers Benefit Protection Act13-29How Violations of Employee Privacy Damages Competitive AdvantageIncr

17、easesDecreasesResentmentFear and suspicionTurnoverAbsenteeismLawsuitsMoraleProductivity13-30Personal Information That May Violate Employee Privacy Home ownership Previous marriages Sexual orientation Parents occupations Previous arrest records13-31Privacy Act of 1974 Only applies to public sector em

18、ployees Employees have right to: Determine what information is being kept on them by their employers Review that information Correct erroneous information Prevent invalid uses of that information13-32Freedom of Information Act of 1966 Makes government records available to the public with proper auth

19、orization13-33Criteria for a Legal Employee Search Reasonable basis Written guidelines informing employees of search policy Reasonable precautions Not offensive or abusive13-34Surveillance & Monitoring Employees Improve efficiency Provide job feedback Ensure customer satisfaction Detect thef Deg

20、rades employees Causes stress Lowers morale Lowers job satisfaction Increases turnover13-35Implementing Surveillance and Monitoring Practices Inform employees of practices. Explain to employees why and how practices will be implemented. Ensure that practices are job-related. Dont monitor restrooms o

21、r lounges. Encourage employee participation in developing policies.13-36Undesirable Employee Behaviors Theft Insubordination Drug use Horseplay Destruction of property13-37Workplace RulesRule#1 Enforced in a nondiscriminatory manner Would not be considered “outrageous” by “reasonable persons”13-38Co

22、ntroversial Workplace Rules No-smoking rules Rules governing romantic relationships Employee misconduct outside the workplaceRule#113-39Employment-At-Will Employers may discharge their employees for any reason, even an unfair one, unless the discharge is limited by contract or by federal or state st

23、atutes.13-40Exceptions to the Employment-At-Will Doctrine The public policy exception The implied contract exception The good faith and fair dealing exception13-41Public Policy Exception to Employment-At-Will Any doctrine that serves society If public policy is violated, society will suffer harm Exa

24、mples Whistleblowing Jury duty13-42Implied Contract Exception to Employment-At-Will Statements that imply contractual agreements Examples Employee handbook Job interviews13-43Good Faith and Fair Dealing Exception to Employment-At-Will Prohibits discharges that are particularly repugnant or unfair Ex

25、amples Unfairly discharging within a short period an employee who moved from one city to another Firing employees to prevent vesting their benefits13-44How to Prevent Wrongful Terminations Avoid making statements that promise long-term employment Include “at-will” statement on application Place disc

26、laimer in employee handbook Train interviewers Ensure that discipline and discharge practices are fair13-45Conducting a Disciplinary InvestigationGet the facts.Review applicable rules.Meet with the employee.Decide what kind of discipline, if any, to recommend.Provide the proper documentation.13-46Conducting a Disciplinary Conference13-47Conducting a Disciplinary Conference1. Get the facts.2. Arrange for the interview.3. Put the employee at ease.4. State the facts of the case.5. Ask for reasons.6. State