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Human Resources Planning

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Robert Hernandez

on 7 May 2013

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Transcript of Human Resources Planning







Quid Pro Quo

If conditions exist the
EEOC will most likely
bring suit Evaluates the case if
conciliation fails The Litigation Division Travel Through Human Resource Planning No Cause by EEOC EEOC enters a conciliation agreement w/o party's claim Right to Sue Rejects a case "If the Federal Court rules in favor of charging party, it
may grant any award it deems equitable" Bona Fide Occupational Qualification Discrimination is allowed by EEOA It shall not be an unlawful employment practice for an employer to hire and employ employees...on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise... It is not unlawful for a school or learning institution to higher within its religion Judicial Review of Affirmative Action Established Precedents in future lawsuits involving school districts Implication is that affirmative action is constitutionally permissible but the practices that implement them must be defensible. Grutter v. Bollinger & Gratz v Bollinger (June 2003) Does the U.S. Constitution permit affirmative action policies? Yes Might avoid litigation through policy development United Steelworkers v. Weber Regents of the University of California v. Bakke 1978 - 1979 Civil Rights Act of 1991 For the 1st time extended compensatory and punitive damages and jury trials Before limited to lost pay and benefits, reinstatement and attorney fees Superintendents, Asst. Superintendents, and school board members can be named as co defendants in action brought against the school district Punitive damages can not be levied against a school district Can be levied against individuals such as administrators & school board members Plaintiffs can receive between 50,000 and 300,000 depending on the amount of employees in the district for age discrimination, the limit is twice the amount of lost pay and benefits, and for race discrimination, there is no limit the right of a complainant to receive a jury trial in an employment discrimination case in which compensatory and/ or punitive damages are being sought. Because of this law, there is also a significant substantive change in the way in which the school human resources function is managed. The Civil Rights Act of 1991 overruled several U. S. Supreme Court decisions that appeared to be pro- employer. School districts are now charged with the burden of proof when a seemly neutral act has resulted in discrimination against an employee from a protected class. Family and Medical Leave Act of 1993












Believed granting women equality would be sign of civilization and would double intellectual power of human race. Equal Employment
Opportunity Discrimination Maternity



Pregnancy Disability Amendment signed into law in 1978 by President Carter Avoiding Discrimination Equality Hostile Environment Discrimination Act of 1963 Part of the Fair Labor Standards Act
Does not require equality of jobs
Requires equal pay for jobs with equal
skill, effort, and responsibilities Equality for People with Disabilities The congressional intent of the Rehabilitation Act is identical to the intent of other civil rights legislation RIF-
Alternatives to RIF Does not apply if….
Contingency of seniority system
Merit system
Pay measured by production
quantity/quality
Performance based evaluation

Administrators enforce
Performance = reward Landmark Case Ruling: Does not require = skill, effort responsibility EEOC v. Madison Community Unit School District Number 12
1987 Equality by Age

Age Discrimination in Employment Act of 1967

Assistance:
Informational/educational programs through
U.S. Department of Labor

More common to industrial/business
community
Mostly occurs in administrative
positions
EEOC prohibits discrimination of
any sort Employment Sexual Harassment Title VII ( Civil Rights Act) Title IX ( Education Amendments) no differential treatment in the administration of federal programs. Handicapped per-sons may require different treatment in order to be afforded equal access, and identical treatment may, in fact, constitute discrimination. Technology Employers are further required to provide reasonable work environment accommodations for qualified applicants or employees with disabilities Internet most valuable resource for
immediate access
Planning can be facilitated through
software
Statistical software's for forecasting
Human Resource Management System Programs (HRMS) Impact of Generation Y
Teachers law
state
intermediate
local educational agencies agencies that receive assistance under the Individuals with Disabilities Education Act take positive steps to employ and promote qualified persons with disabilities into programs Reasonable accommodations President George H. W. Bush-July 26, 1990. Title 1 The Americans with Disabilities Act of 1990 Documentation
Multi-tasking
Resistance to Authority
Inclusiveness
Equality
Fairness most comprehensive legislation ever passed Stendhal - 19th Century French Writer regulates employment practices and took effect on July 26, 1992, for school districts. Title II All services, programs, and activities of state and local governmental agencies Title III pertains to public accommodations School districts are not covered Title V The “ highest standard” applies whether that standard is the ADA, the Rehabilitation Act, a state law, or even a local ordinance.
It also prohibits retaliation against persons seeking redress under the ADA
allows the court to award attorney fees to the prevailing parties. Jurisdiction and Scope of the ADA

Under the jurisdiction of the U. S. Department of Justice, discrimination is prohibited by school districts regardless of the number of employees after January 26, 1992. Because the U. S Department of Education, the U. S. Department of Justice and the EEOC have been given jurisdiction for the enforcement of the ADA, coordination between these three agencies is necessary 3rd Overall Objectives Assessing
Human Resources Needs (cc) image by nuonsolarteam on Flickr Begins with the development of a profile,
Forms completed by employees, verified supervisors are sent to Human Resources Dept
Forms include the employee's name, age, date employed with the school district, sex, job title, place of employment, education, training with dates, special skills, and certification. 1st Inventories Two types of methods use to predict
STATISTICAL ANALYSIS
“Cohort-survival” technique
Percentage of retention
QUALITATIVE
Number of children in elementary school classes
A persistent trend in elementary enrollment over a three-year period
Feedback from realtors The objectives of the school district will determine the future human resources needs.
Then number and mix of employees are determined by types of services called for by
organizational objectives. 4th Humans Resources Forecast 2nd Enrollment Projections Estimating the size of staff needed to meet the goals of the organization.
Trend analysis
Teachers, administrators, and staff members
Historical comparisons
Ration analysis
Analyzing the responsibilities of current teachers, administration and staff correlated with benchmark data Federal Influences Social Justice Civil Rights Increase Decease Human Resources Planning The Supply of Human Resources Increase
Newly Hired Employees
Individuals returning from absences (maternity, military or sabbatical Decrease
Death, voluntary resignations, dismissals
Expect in the broadcast sense, as through statistical averaging Matching Needs with Supply This will pinpoint any shortages, highlight areas of potential over staffing, and identify the number of individuals who must be recruited from the labor force to satisfy future needs. cerebral palsy,
muscular dystrophy
multiple sclerosis
AIDS
HIV infection
emotional illness
drug addiction
alcoholism
dyslexia. Under the ADA, it is unlawful to discriminate in all human resources

• Recruitment,
• Selection,
• Promotion,
• Training,
• Staff development,
• Rewards including direct and indirect compensation,
• Reduction in force,
• Termination,
• Placement,
• Leave, and
• Voluntary fringe benefits. Those Protected by the ADA EEOC takes into account three factor (1) the nature and severity of the impairment
(2) its duration or expected duration and
(3) the actual or expected permanent long-term impact resulting from it. Enjoy as we travel through the process of Human Resources Planning...Reviewing the tools an organization uses to ensure that the right number of people, with the right skills, are in the right place at the right time that will aid the organization in achieving its objectives. Justice Reduction in Force Excess employees are usually placed I involuntary leave according to a seniority system, which follows the principal of “last in, first out”. Retained employees may be transferred within the school system to balance a particular staff or faculty. Alternatives to Reduction in Force Early retirement * Retention of individuals for positions that will become vacant through attrition or will created because of program development.* permanent substitutes * retrained for new assignments at school district expense FEDERAL INFLUENCES IN HR
The Human Resources forecast must not violate the civil rights of job applicants or lead the school district into an indefensible position. SOCIAL JUSTICE
Justice is a guide that regulates how people live out their lives as members of various societies. Justice is referred to entitlement, people have claims that are properly due to them * Distributive justice responsibility of society, Legal justice refers to responsibility of each person to society, and Commutative justice refers to the responsibility that exists between individuals. A THEORY OF JUSTICE
John Rawls formulated a theory of justice around the notion of fairness- 1st principal states that each person is to have equal right to a system of liberties. 2nd-asserts that social and economic inequalities must benefit everyone. Stay Informed On December 11, 1978, the EEOC adopted guidelines that are used to avoid liability of claims of reverse discrimination that result from affirmative action that provides employment opportunities for women and racial and ethnic minorities (cc) photo by medhead on Flickr can perform the essential functions of the job with or without reasonable accommodation. Adjusting or modifying examinations, training materials, or policies Acquiring or modifying equipment or devices Restructuring the job The Selection Process
Under the ADA An applicant for a position in a school district who is protected by the ADA must be other-wise qualified for the job. Allowing part- time or modified work schedules Providing readers and interpreters Making the workplace readily accessible to and usable to people with disabilities AIDS and Discrimination A significant development occurred in 1987 that was helpful in dealing with discrimination against people infected with the AIDS virus. School Board of Nassau County v. Arline U. S. Supreme Court ruled that an infectious disease could constitute a disability under+ Section 504 of the Rehabilitation Act of 1973. (TB) a federal circuit court of appeals in California applied the Arline decision to a case involving an Orange County teacher with AIDS 1988 U. S. Justice Department declared that fear of contagion by itself does not permit federal agencies and federally assisted employers to fire or
discriminate against workers infected with the virus The Rehabilitation Act of 1973 and the ADA require an employer to make reasonable accommodations for people with disabilities, which includes AIDS. Equal Employment
Landmark Cases






1992 Jackson v. Birmingham board of education
2004 Title IX of the Education Amendments of 1972
Title VII of the Civil Rights Act of 1964 (amended 1972) AFFIRMATIVE ACTION
Define: “There can be justice for none if there is not justice for all” EEOC is major failing of many schools administration is their lack of understanding and its influence on human resources administration. Gammel v. United States ( 1984) Fourteenth Amendment of the U. S. Constitution--medical information about employees, these records are confidential "It is imperative that the assistant superintendent for human resources ensure that school district practices
do not result in discrimination against persons with AIDS or AIDS- related conditions."





Quid Pro Quo Vietnam Era Veterans’ Readjustment Assistance Act Behavior involves express or implied demands for sexual favors in exchange for some benefit or to avoid some detriment in the workplace or in the classroom. passed by Congress in 1974 Hostile
Environment Discrimination Occurs when unwelcome sexual conduct interferes with the employee's job performance. Circumstances when conduct whether physical, verbal or both substantially affects the job performance of the person. & school districts receiving $ 10,000 or more in federal funds must take affirmative action to hire veterans with disabilities of all wars and all veterans of the Vietnam era Mobilization of Military Reserves and National Guard into Active Duty On August 22, 1990 three one three two two one first mobilization in twenty years and activated approximately 40,000 troops Desert Storm On August 22, 1990, President George H. W. Bush ordered the mobilization of U. S. military reserves and National Guard units into active duty. John Rawls Reservists and National Guard members are covered under the provisions of the Veterans Reemployment Rights Act of 1940, which was amended in 1986 This act obliges school districts to give reservists and National Guard members time off from their civilian jobs to participate in military training and active duty act protects them from termination and discrimination because of their military obligations. In regard to health care benefits, the employer cannot impose a preexisting exclusion or waiting period before reinsuring the reservist or National Guard member
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