|
The Society for Industrial and Organizational Psychology, Division 14 of the American Psychological Association, has published its "Review of Psychological and Behavioral Research on Affirmative Action." In September of 1995, the Scientific Affairs Committee of the Society for Industrial and Organizational Psychology created a subcommittee to review psychological and behavioral research on affirmative action.
A summary and a full copy of the report are available on the web at http://www.siop.org/siopinfo.html
While this study didn't break any new ground, it did pull together all of the published studies on the subject and offer some digest of those indicators.
Some excerpts from the summary:
Affirmative action is controversial; it stimulates strong
opposition and strong support.
Much of the public debate about affirmative action involves explicit or implicit disagreement about what affirmative action means (e.g., preferential treatment versus assurance of equal opportunity).
Opinion polls and experimental research indicate that there
is greater support for the principle of equal opportunity than for the principle of affirmative action.
Most research has dealt with two possible mediators:
perceptions of fairness and implications for self-interest.
The most positive attitudes toward affirmative action will
be observed among those whose jobs involve the maintenance of AAPs.
Evaluation of affirmative action and affirmative action plans involve several factors looked at by this compilation of materials. First are Structural Influences, those things which can manipulate an AAP. Individual differences can result in different attitudes toward affirmative action in general, and individual attitudes toward specific AAPs.
Additional areas of study included:
Effects of Affirmative Action Plan on Non-target Group
Members' Perceptions of Target Group Members, and on Relations Between Parties
Psychological and Behavioral Effects of Affirmative Action on Target Group Members
Economic Effects of Affirmative Action on Target Groups
Economic Effects of Affirmative Action on Organizations
Conclusions, Limitations of Current Knowledge, and Needed Research
The report finds that attitudes toward affirmative action are strongly influenced by details of the AAP, and this influence is probably mediated by perceived fairness and implications for individual self-interest. Attitudes toward affirmative action are inversely related to the weighting of demographic status by the AAP.
Overall, it is clear that perception of an AAP's fairness in its weighting of demographics is one very important key to achieving employee acceptance of the program.
(Thanks to William A. Buchanan, Ph.D. for information about this report.)
Bill Truesdell, President, The Management Advantage, Inc.
Violence in the workplace continues to be a headline grabber. Employers who have not established a workplace violence prevention program are like drivers who don't carry insurance. They're not good citizens, but more importantly, they are foolishly risking financial and human consequences that can be avoided.
We have heard all the excuses. You likely have, too. "I'm too busy on my job. Where will I find the time to develop a workplace violence prevention program?" "It's not the kind of thing our CEO likes to spend money on." "It will just take people away from doing productive work." "It's too expensive." "It's an unpleasant subject. No one wants to think about that."
Amazingly, people typically deny their vulnerability until a tragedy occurs. Then they berate themselves for not having provided more carefully for prevention systems that would have avoided the tragedy. You don't want to be among them ... looking back in time ... wishing about what might have been prevented.
How would you feel if your spouse, child or parent didn't return from work today? That, after all, is the level of the tragedy we are concerned with when dealing with workplace violence.
Workplace violence tops the list of ten greatest employee-related concerns among Fortune 1000 security executives according to a March, 1999 survey conducted by Pinkerton, Inc.
Crisis management and executive protection tied for second place. Drugs, ethnics, and property crime fell to the bottom of the list.
There are some states like California that require employers to have written workplace violence prevention programs. (That's all California employers, not just some with large employee populations.) Part of the requirement in that state is that employers conduct training programs on safety and accident prevention at least once per quarter. Employers who have more than ten workers on the payroll in California must have written documentation of those quarterly training sessions, listing every employee who attended each session. Check your own files and see if your Injury and Illness Prevention Program documentation is current. If it's not, be sure to establish an action plan to bring your organization into compliance. There are serious penalties for the organization if accidents happen and it is later determined that improper or inadequate prevention procedures were in place at the time. Seriously recalcitrant employers, those who ignore eminently dangerous workplace situations, have been sent to state prison on criminal convictions under the provisions of Cal-OSHA requirements.
But enough of the problems. How do you deal with the need for workplace violence prevention programs? The answer is: Just like you would deal with the need for other compliance programs such as income tax payments, payroll processing, nondiscrimination and all other business requirements. You establish systems and programs that allow you to handle workplace violence prevention as just "the way we do things around here." After the initial introduction, your program will become routine and routine things are accepted by employees. It's the learning curve that is often uncomfortable. The need to learn something new means expenditure of energy and that's something human nature tends to avoid. Recognize that you will have some resistance to any new program ... even one designed for the personal safety of your employees. Help your people understand that their interests are driving the organization to implement these protections.
The trouble with workplace violence prevention programs is that you seldom know when they have worked effectively. It is only the absence of violence that offers feedback. Yet, it beats the alternative.
For more information about workplace violence prevention program development and implementation we suggest the following resources:
National Institute for Organizational Safety and Health http://www.cdc.gov/NIOSH/violcont.html
Office of Personnel Management - Federal agency program support.
http://www.opm.gov/workplac/index.html-ssi
Organizational Safety and Health Administration
http://www.osha-slc.gov/SLTC/workplaceviolence/index.html
For one of the best employee training programs on the subject, we recommend you use our seminar publication entitled, Workplace Violence Prevention by Jay C. Beighley. Jay is an expert in the subject of prevention. He's also an expert in law enforcement. He has created a training program that you can implement yourself without having to spend large amounts on outside trainers or consultants.
http://www.management-advantage.com/products/violence.htm
Bob Mather, CEO, www.Pre-Employ.com
The trend to verify the backgrounds of job candidates is rapidly growing across the country. More and more employers are using pre-employment companies to check for criminal, civil or credit problems in a person's past. News stories of workplace violence, theft and sexual harassment are permeating the airwaves. The pace is not slowing either. As each individual employer refuses to offer employment to convicted criminals, credit risks or other applicants, those applicants are forced to apply with employers that do not pre-screen candidates. That, in turn, causes more employers to set up their own pre-employment screening program.
It's when you consider establishing your own program of pre-employment screening that the fun begins. What's legal, what's not. What to say, what not to say. What forms to have and so on.
Rule # 1:
Make sure the vendor you use is 100% FCRA compliant.
The FCRA (Fair Credit Reporting Act) was recently amended to cover pre-employment screening. The full text of the amended Act is available at the Federal Trade Commission's (FTC) web site. http://www.ftc.gov/ The Act itself and the regulations required to comply are, at times, very confusing. Violations of the FCRA can result in criminal charges and civil charges of $2500 per violation. A compliance mistake can be very costly.
Rule # 2:
Follow Rule # 1.
The FCRA requires that employers follow the Act when an employer not only utilizes a credit report in the hiring process but also when a consumer report is obtained. Reports in these categories can include: criminal checks, civil checks, previous employer interviews, license verifications and other information. The FTC defines consumer reports as "any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living," where such information is "used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing . . . eligibility for employment purposes."
Tips for Complying with the FCRA Requirements
Provide a clear and conspicuous written disclosure to the prospective or current employee before procuring the consumer report, in a document consisting solely of the disclosure, notifying him or her that a report may be obtained for employment-related purposes. This is where many companies make a mistake. They assume that their application allows them to check the applicant's background. Usually, that is incorrect. You must generally have a separate form for the release. A sample of this form can be downloaded free at http://www.pre-employ.com
Receive written authorization from the prospective or current employee granting the employer permission to obtain the consumer report.
Before taking any adverse action related to employment, provide the prospective or current employee with a copy of the consumer report and a description of the person's rights under the Act. The Federal Trade Commission is authorized to prescribe the form and content of this disclosure.
Certify compliance to the consumer-reporting agency concerning the above requirements, including a statement that information obtained from the report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
Establish a program to quickly and effectively identify and correct any errors in identity or information gathered.
Avoid imposing blanket rules concerning employment of individuals with criminal convictions. Each individual case should be reviewed objectively, considering the crime committed and requirements of the position the individual is being considered for.
Ensure that anyone performing pre-employment screening work for you is properly licensed.
Require any consumer-reporting agency involved in your background-checking process to confirm both an understanding and compliance with all applicable legal requirements, both of which should be clearly identified in a written confirmation from the company you choose. (See Rule # 1.)
Before denying employment on the basis of a credit or consumer report, provide the applicant an opportunity to explain the reasons for a poor credit or consumer report.
By selecting a company that is 100% FCRA compliant, your company can avoid many headaches, improve productivity and help your company hire the best employees available.
(Bob Mather is President and CEO for www.Pre-Employ.com. He can be
reached at 1-800-300-1821 or by email at eis@pre-employ.com )
Earlier this year we told you about the Federal Trade Commission (FTC) opinion letter taking the position that employers who use outside third parties to conduct sexual harassment complaint investigations would be subject to the disclosure requirements of the Fair Credit Reporting Act (FCRA). The same requirements would seem to also apply to other types of complaint investigations.
One of the objections to that position was registered by the Society for Human Resource Management (SHRM). In a letter to FTC Chairman Robert Pitofsky on June 23rd, SHRM outlined the ruling's conflicts with other laws and Supreme Court rulings requiring employers to investigate charges of sexual harassment.
On August 31, 1999 the FTC responded to SHRM's letter saying that, while the agency sympathized with the concerns of employers, its earlier opinion letter was a correct interpretation of the FCRA notification requirements. "The FCRA is a good law and, by adding more protections to the law, Congress enacted some amendments which have very broad applicability," said David Medine, the FTC's associate director of financial practices.
As things stand, the FTC position remains that employers who use outside consultants or attorneys to investigate such discrimination complaints must disclose the contents and results of such investigations to accused employees, and perhaps other employees who participate in the investigation as well.
Our recommendation to employers remains the same. Before you hire an outside attorney or consultant to conduct an investigation of any employee complaint, be sure you have counseled with your management attorney and received legal guidance through this conflict of requirements. If you ignore the requirements you may be in for a big legal surprise at a later time.
Attracting and hiring good workers is one of today's major concerns for human resource professionals. But where do you go to find the most effective recruiting results?
Results of a survey from the Society for Human Resource Management (SHRM) and CCH Incorporated gives us some direction in that regard. Results of the survey were organized by type of job opening: Executives; Managers; and, Line Workers.
The most effective recruiting sources for Executive jobs were: promotions, advertisements in the Sunday paper, employment agencies (search firms), personal contacts, and trade journal advertisements. For Management jobs greatest results came from: advertisements in the Sunday paper, promotions, personal contacts, Internet job postings, job postings. And, for Line Worker jobs, the best sources were: advertisements in the Sunday papers, employee referral programs, promotions, job postings, and transfers.
If you wish a copy of the survey (14th annual SHRM/CCH Survey of Recruiting Practices) you can contact CCH through the web at http://hr.cch.com . Be prepared to pay for your copy.
For some time the Office of Federal Contract Compliance Programs (OFCCP) in the Department of Labor has been fighting a legal battle with the Boeing Corporation. As you can imagine there are many issues. One of those issues has been whether or not the government agency had to release documents demanded by Boeing in the discovery phase of the legal battle.
On August 16, 1999, Administrative Law Judge (ALJ) Stuart Levin granted the company's request for additional discovery and documents from the OFCCP. Boeing's attorney, Jon Geier with Paul, Hastings, Janofsky and Walker, said the ruling had "enormous precedential value for the contracting community." The agency had contended that previous ALJ rulings had strictly supported its expedited hearing process which allowed contractors to take depositions, but prohibited them from other discovery or access to documents.
Levin said in his ruling that ALJs are "not bound to such untenable participation as a mere instrument in OFCCP's enforcement arsenal." He therefore ordered the agency to turn over documents Boeing had requested in the discovery process.
(OFCCP v. Boeing Co., DOL ALJ, No. 1999-OFC-14, 8/16/99)
California employers have enjoyed a general drop in rates for Workers' Compensation insurance coverage since 1993. Recently, the Oakland-based California Workers Compensation Institute concluded that the trend would soon reverse.
According to the Institute, employers paid $9 billion in premiums during 1993. Last year, businesses paid only $5.7 billion for the mandatory coverage. Trouble comes, however, from the increasing cost of the average claim.
Although fewer claims are being filed today, that has not been sufficient to offset the large increase in cost of each claim. In 1998, the average claim cost insurers $25,318. That was a 21% increase over 1996 and just under a 50% increase from 1993.
Bottom line ... the costs of workers' compensation insurers has exceeded their operating revenues every year since 1995. Last year, according to the Institute, insurers spent $133 on claims and expenses for every $100 they received in premiums.
Most folks would likely conclude that the Institute's prediction will come to pass. Workers' Compensation Insurance rates are going to increase, at least for California employers.
In a web story, CNN.com said on September 10, 1999, that most human resource managers have recognized signs of depression among workers in their organizations, but depressed employees don't always get help.
The survey was conducted by the Society for Human Resource Management (SHRM) and the National Foundation for Brain Research. 2,300 companies were invited to participate. 406 actually responded. 56% of the respondents said depressed employees have a negative effect on productivity.
According to the HR managers, symptoms that can indicate depression among workers include tiredness or lethargy, poor concentration, a decline in productivity, overall sadness and an increase in unexplained absences. Not all depressed employees receive proper attention they added.
The two national associations suggested three steps employers can take to break down barriers that may prevent workers from getting help:
1. Training managers in how to recognize depression and approach a worker to offer assistance, which may need to include a temporary reduction in workload or hours while treatment is sought.
2. Offering all workers a confidential depression screening, which some companies have arranged with counseling services that provide a toll-free phone number.
3. Using an outside employee assistance program so workers don't feel they must share personal problems with a colleague to get help.
For more information:
http://cnn.com/HEALTH/9909/10/workplace.depression.ap/index.html
When you need help developing your affirmative action program, give us a call. We specialize in AAP development, implementation training and compliance review support for clients all over the country.
You wouldn't go to an IRS audit alone. Why think about going into a Department of Labor compliance review without professional support? The stakes are just as high either way.
We are ready to give you the support you need.
And while you're at it, think about ordering a copy of our reference and training book on preparing affirmative action plans and managing compliance reviews. You will find it an invaluable resource at a price that just can't be beat.
"Secrets of Affirmative Action Compliance," new 3rd edition, contains 500 pages of the latest and current regulation requirements and practical suggestions for your organization. Includes new Federal Regulations. $99.95 plus $7. shipping/handling and CA sales tax for CA
destinations. Credit Card Orders ... Call Toll Free:
1-888-671-0404
We can help with your other human resource management needs as well. Think of the next time you need:
Employee Handbooks
Management Training in Compliance Issues
Affirmative Action Plan Development
Affirmative Action Statistical Analysis
Disparate Impact Testing for New Hires, Promotions, Transfers, Terminations
Expert Witness
Books, Software or Other Support Materials for HR Professionals
YOUR FEEDBACK IS INVITED
Thanks for taking the time to read our newsletter. We would enjoy receiving your thoughts about its value to you. You can e-mail your message to
tmainc@management-advantage.com
or simply give us a call and tell us in person. Our office number is 925-671-0404. We appreciate your feedback.
If you ever wish to end your FREE subscription to our newsletter THE ADVANTAGE or our FREE Special Reports for HR Professionals, simply send us an e-mail message with "UNsubscribe THE ADVANTAGE" in the Subject Line. Be sure you tell us the e-mail address you originally used to subscribe.
| 
In This Issue
