HR 101: Human Resources Management for the Novice

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HR 101 Human Resources Management for the Novice

• Presented by
• Michael L. Heard
• Ralph Moore
• 11/5/09

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Key Components of Human Resources Department

• Equal employment opportunity
• The employment process
• Preemployment and employment testing
• Compensation
• Performance management
• Benefits
• Employee relations
• Training and development
• Human resources information systems

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HR and Legal Issues

• Equal employment opportunity (EEO) legislation
  and affirmative action laws and regulations exist
  to ensure all individuals the right to compete
  for all work opportunities without bias because
  of their race, color, religion, religion, sex,
  national origin, age or disability. Anyone having
  anything to do with any aspect of the employment
  process is expected to have a basic knowledge of
  EEO. Unintentional violations caused by ignorance
  of the law are not excusable.

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• Friends today,
• Plaintiffs tomorrow

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Discrimination and Employment Rights

• Civil Rights Act of 1866
• Supports charges of race and national origin
  discrimination
• Claimant must establish intent to discriminate on
  the part of the employer
• Civil Rights Act of 1964
• Title VII of this act prohibits discrimination on
  the basis of race, creed, religion, sex or
  national origin
• Intent need not be proved but discriminatory
  effect established

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Sexual Harassment

• Unwelcome sexual advances, requests for sexual
  favors and verbal or physical conduct of a sexual
  nature is harassment when
• Submission to such conduct is a condition of
  employment (Quid Pro Quo)
• Submission of rejection of such conduct becomes
  basis for employment decision (Quid Pro Quo)
• Conduct has the effect of creating intimidating
  or offensive environment (Hostile Environment)

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Discrimination and Employment Rights (continued)

• Uniformed Services Employment and Reemployment
  Rights Act (USERRA)
• Prohibits making past, present, or future active
  or reserve military service a factor in
  employment decisions
• Executive Order 11246
• Requires businesses who do business with federal
  government to take affirmative action in hiring,
  training, and promoting women and minorities
• The Age Discrimination in Employment Act of 1967
  (ADEA)
• Protects workers 40 and up (as amended)

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Discrimination and Employment Rights (continued)

• The Rehabilitation Act of 1973
• Section 501 prohibits discrimination against
  persons with disabilities by contractors doing
  business with the federal government
• The American with Disabilities Act of 1990 (ADA)
• Prohibits all employers from discriminating
  against employees or job candidates with
  disabilities
• Must provide reasonable accommodations
• Pregnancy Discrimination Act (PDA) of 1978

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Discrimination and Employment Rights (continued)

• Religious Discrimination Guidelines
• Requires employers to make reasonable effort to
  accommodate a persons religious practices as
  long as they dont create an undue hardship
• National Origin Discrimination Guidelines
• Preclude employment denial because of ancestry,
  place of origin, or cultural/linguistic
  characteristics
• The Civil Rights Act of 1991
• Make-whole remedies to discrimination
• Back pay and reinstatement allowed
• Employer must prove lack of discrimination
• Seeks to remove barriers to advancement of women
  and minorities

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Pay and Benefits

• The Fair Labor Standards Act (FLSA)
• Establishes minimum wage, maximum hours and
  overtime pay
• Employees may be exempt or nonexempt
• The Employee Retirement Income Security Act
  (ERISA) of 1974
• Establishes participation and vesting provision
  for pension plans
• Consolidated Omnibus Budget Reconciliation Act
  (COBRA)
• Requires employers to offer health care coverage
  at group rates following termination of
  employment - for 18 to 36 months

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Pay and Benefits (continued)

• Health Insurance Portability and Accountability
  Act (HIPAA)
• Allows employees with new dependent to enroll
  immediately in health care plan
• Equal Pay Act of 1963 (EPA)
• Equal pay for women doing equal work
• Family Medical and Leave Act (FMLA) of 1993
• Provides eligible employees up to 12 weeks leave
  for birth or adoption of a child, serious illness
  of employee or for the care of a seriously ill
  family member

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Pay and Benefits (continued)

• Womens Health Cancer Rights Act 1998
• Newborns and Mothers Health Protection Act 1996
• Mental Health Parity Act (MHPA) 2008

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Hire who you choosebut

• You are required to select someone who meets the
  minimum requirements of the job not necessarily
  the most qualified
• Dont deny anyone equal employment opportunity
  because of personal bias
• Education and experience requirements should be
  job related
• Be aware of your divisions diversity
  affirmative action goals

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Exercise 1

• List as many of the steps in the hiring process
  as you can on a piece of paper.

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The Employment Process

• Review job specifications
• Prepare job description
• Advertising
• Recruitment
• Application
• Screening
• Interviewing
• Selection
• References / Background
• Contracts
• Orientation
• Evaluation
• Tenure / Non Renewal
• Grievance
• Termination and Exit Interviews

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Preparing Job Descriptions

• The employees basic responsibilities must be
  outlined in a job description. The school system
  should maintain current and up-to-date job
  descriptions for all positions.
• A job description is an outline of job duties,
  responsibilities, and qualifications necessary to
  perform the job but is not meant to be
  all-inclusive. Employees may be asked to perform
  other duties as assigned, although not
  specifically mentioned in the job description.

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Advertising/Recruitment Sources

• How do you advertise? Policy or Practice?
• Employee referrals
• Newspaper and magazine Ads
• Recruitment agencies
• College recruitment
• Job fairs
• College
• Local
• Walk-ins
• On-line websites
• Social Networking
• On-line applications

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Application

• Applicant must certify he/she has not been
  convicted of a felony or any offense involving
  the sexual molestation, physical or sexual abuse
  or rape of a child
• Applicant must certify he/she has not been the
  subject of a founded case of child abuse and
  neglect
• These are conditions of employment
• Must ask applicant whether they have been
  convicted of a crime of moral turpitude

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Exercise 2

• Write down two preemployment questions, one which
  is legal and the other illegal.
• Exchange and discuss the questions.

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Interview Questions

• Competency-based questions seek specific examples
  that allow you to project how a candidate is
  likely to perform in a given job 70
• Tell me about a classroom experience when you
• Describe a time when you

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Interview Questions

• Open-ended questions encourage an applicant to
  talk 15
• How would you describe yourself as an employee?
• Hypothetical questions allow evaluation of
  reasoning, thought process, etc 5
• What would you do if
• Probing questions help to clarify or verify

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Background/Reference Checks

• Helps to make better hiring decisions
• So how do you do this in your division?
• Know who is responsible for doing this
• Fingerprinting (after an offer or upon
  acceptance) and information necessary to do a
  criminal background check. This also a condition
  of employment
• TB screening/test is a condition of employment
• Search Child Abuse Registry
• Ask applicant to allow you to check references
• When checking references learn about job
  qualifications
• Confirm and verify what is on the application or
  what applicant has told you
• Would you rehire this person? If not, why
  not?

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Contracts

• Superintendent recommendation
• Uniform Hiring Process (3 Phases)
• License required
• Contract
• Who does not get a contract?

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Employee Records

• Employees may see their own file
• Medical information should be kept separate
• Employer cant distribute or reveal or discuss
  employees
• Age
• Health or disability
• Marital status
• Race
• Alien status
• Claims history

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Orientation (or induction)

• Employee retention begins with induction
• Improve skills of beginning teachers
• Support morale and collegiality
• Build a sense of professionalism
• Prevent teacher isolation
• Build capacity for self-reflection
• How about classified orientation?

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Evaluation is Performance Management

• Develop a mutual understanding between supervisor
  and employees with regard to expectations and
  measurement criteria
• Clearly communicated
• Job related
• Standardized and applied consistently
• Practical and workable
• Reliable and valid
• Yields consistent data with different raters
• Factors rated are related to job as described

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Non renewal

• Tenure/Continuing Contracts
• 1982-1983 Op.Atty Gen.442
• Evaluation and Timelines
• Timelines for Non renewal

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Termination and Exit Interviews

• Voluntary vs. involuntary termination
• Exit interviews (surveys) inform us about why
  someone has left the division
• Involuntary termination will stick if you follow
  and document 4 steps of progressive discipline
• Verbal warning
• Written warning
• Suspension without pay
• Discharge

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Grievance

• Procedure is mandated by law 22.1-306 through
  22.1-314 8 VAC 20-90-10.
• 3 parts
• Part I contains definitions
• Part II pertains to disputes that do not involve
  dismissal or probation
• Part III deals with disputes that deal with
  dismissal and probation

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HR issues for Concern

• FLSA
• Budget trials
• RIF
• Compensation study
• HR staffing
• Staffing Formulas
• Out Sourcing
• Supplements