Chapter 11 Complying with Workplace Justice Laws

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Chapter 11Complying with Workplace Justice Laws
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HRM and Competitive Advantage
HR Planning Job Analysis
Recruitment Selection
Output Retention Legal Compliance Company Image
Competence Motivation Work Attitudes
Cost Leadership Product Differentiation
Training/Develop. Performance App. Compensation Pr
oductivity Imp.
Workplace Justice Unions Safety
Health International
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Workplace Justice Practices and Links to
Competitive Advantage
Reduce Litigation Costs
Workplace justice
Enhance Perceptions Of Fair Treatment
Competitive Advantage
Promote A Favorable Company Image
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Workplace Justice Laws

• Fairness of organizational practices
• Protect workers from arbitrary treatment
• Dictate day-to-day treatment of employees
• Ensure basic right

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Employee Responses to Perceived Unfair Treatment

• Active e.g., lawsuits, protests
• Passive e.g., lowered commitment, poor
  organizational citizenship

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Discrimination Issues in Day-to-Day Treatment of
Employees

• Sexual harassment
• Pregnancy discrimination
• Family and medical leave
• Discharge
• Layoffs
• Early retirement

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Sexual Harassment

• Unwelcome sexual advances, requests for sexual
  favors, and other verbal or physical contact of a
  sexual nature

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How Sexual Harassment Damages Competitive
Advantage

• Morale
• Teamwork
• Productivity

• Turnover
• Absenteeism
• Stress
• Psychological
• Problems

Increases
Decreases
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Forms of Sexual Harassment
Sexual Harassment
Quid Pro Quo
Hostile Environment
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Quid Pro Quo Sexual Harassment

• Employee or applicant must provide sexual favors
  in order to be hired, promoted, granted a pay
  raise, or allowed to keep a job.

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Hostile 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 person standard

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When 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.

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Employer Responses to Sexual Harassment

• Establish a written policy
• Provide supervisory training
• Establish investigatory guidelines that maintain
  confidentiality
• Establish a committee of both men and women to
  investigate claims
• Use surveys and exit interviews to detect
  unreported harassment

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Investigating Claims of Sexual Harassment

• Determine if the alleged behavior has actually
  occurred.
• Determine if the behavior could be legally
  construed as sexual harassment.
• Determine appropriate action to take.

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Pregnancy Discrimination Act of 1978

• Firms may not discriminate against employees on
  the basis of pregnancy, childbirth, or related
  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.

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Family and Medical Leave Act of 1993

• Affects employers with 50 or more employees
• Up to 12 weeks of unpaid leave per year
• Care for newborn child, ill family member, or self

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Fetal Protection Policies

• Exclude women of childbearing age from jobs with
  potential reproductive hazards
• Employers between a rock and a hard place

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Guidelines for Dealing with Fetal Protection
Policies

• Support 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 policy

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Discharge and Discrimination

• Employee misconduct
• Poor performance

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Employee Misconduct

• Infraction of workplace rules
• Just cause
• Due process
• Progressive discipline system

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Just Cause

• Cause of action should be a fair one.

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Due Process

• Inform employees of charges against them.
• Provide employees opportunity to defend
  themselves.

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Progressive Discipline System
Termination
Suspension
Written Warning
Verbal Warning
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Poor Performance

• Last resort
• Performance-based
• Non-discriminatory
• Adequate documentation

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Importance of Effective Performance Appraisal
System

• Clear performance standards
• Appraisers follow company guidelines
• Provide corrective feedback

Performance Appraisal
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Layoffs and Discrimination

• Potential age discrimination
• Must have valid nondiscriminatory business
  justification
• Must implement in nondiscriminatory manner

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Employers Defense in Age Discrimination Layoff
Case

• Layoff not a pretext for discrimination
• Considered all other options
• Justified for a particular complainant
• Statistical evidence of non-discrimination

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Early Retirement and Discrimination

• Potential age discrimination
• Ask retirees to waive right to sue
• Older Workers Benefit Protection Act

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How Violations of Employee Privacy Damages
Competitive Advantage

• Morale
• Productivity

• Resentment
• Fear and
• suspicion
• Turnover
• Absenteeism
• Lawsuits

Increases
Decreases
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Personal Information That May Violate Employee
Privacy

• Home ownership
• Previous marriages
• Sexual orientation
• Parents occupations
• Previous arrest records

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Privacy Act of 1974

• Only applies to public sector employees
• 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 information

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Freedom of Information Act of 1966

• Makes government records available to the public
  with proper authorization

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Criteria for a Legal Employee Search

• Reasonable basis
• Written guidelines informing employees of search
  policy
• Reasonable precautions
• Not offensive or abusive

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Surveillance Monitoring Employees

• Advantages
• Improve efficiency
• Provide job feedback
• Ensure customer satisfaction
• Detect thef

• Disadvantages
• Degrades employees
• Causes stress
• Lowers morale
• Lowers job satisfaction
• Increases turnover

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Implementing 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 or lounges.
• Encourage employee participation in developing
  policies.

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Undesirable Employee Behaviors

• Theft
• Insubordination
• Drug use
• Horseplay
• Destruction of property

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Workplace Rules

• Enforced in a nondiscriminatory manner
• Would not be considered outrageous by
  reasonable persons

Rule 1
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Controversial Workplace Rules

• No-smoking rules
• Rules governing romantic relationships
• Employee misconduct outside the workplace

Rule 1
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Employment-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
  statutes.

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Exceptions to the Employment-At-Will Doctrine

• The public policy exception
• The implied contract exception
• The good faith and fair dealing exception

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Public Policy Exception to Employment-At-Will

• Any doctrine that serves society
• If public policy is violated, society will suffer
  harm
• Examples
• Whistleblowing
• Jury duty

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Implied Contract Exception to Employment-At-Will

• Statements that imply contractual agreements
• Examples
• Employee handbook
• Job interviews

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Good Faith and Fair Dealing Exception to
Employment-At-Will

• Prohibits discharges that are particularly
  repugnant or unfair
• Examples
• Unfairly discharging within a short period an
  employee who moved from one city to another
• Firing employees to prevent vesting their benefits

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How to Prevent Wrongful Terminations

• Avoid making statements that promise long-term
  employment
• Include at-will statement on application
• Place disclaimer in employee handbook
• Train interviewers
• Ensure that discipline and discharge practices
  are fair

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Conducting a Disciplinary Investigation

• Get the facts.
• Review applicable rules.
• Meet with the employee.
• Decide what kind of discipline, if any, to
  recommend.
• Provide the proper documentation.

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Conducting a Disciplinary Conference
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Conducting a Disciplinary Conference

• 1. 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 the company policy that has been
  violated.

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Conducting a Disciplinary Conference

• 7. State the reason for the policy and the
  possible harm caused by the employees violation.
• 8. Get the worker to agree on the problem.
• 9. If disciplinary action is needed, state the
  action and the reasons for it.
• 10. Involve the employee in a problem-solving
  discussion.

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Conducting a Disciplinary Conference

• 11. Have the employee summarize the problem and
  the agreed-on solution.
• 12. Agree on a follow-up date.
• 13. End the discussion on a positive note.

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Line Managers and Workplace Justice

• Communicate workplace policies and procedures.
• Create a good work environment.
• Deal effectively with possible policy violations.

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The HRM Department and Workplace Justice

• Implement discipline and discharge policies.
• Develop a conflict-resolution mechanism.
• Assist managers with workplace justice-related
  issues.