Employment Laws (continued)
Age
Discrimination in Employment Act of 1967
Makes it illegal for employer to discriminate against individuals
between 40 and 65 on the basis of age except where age is considered
a bona fide occupational qualification based on reasonable factors
other than age.
- person must show employer uses
mandatory retirement policy or has age-based hiring policy,
- s/he is 40 or older
- was denied employment on basis
of age, would have met job qualifications.
- employer must show that age
limit is reasonably necessary to essence of the business, that
all or substantially all individuals excluded from the job are
in fact disqualified
- or that some individuals excluded
have a disqualifying trait that can't be ascertained except by
reference to age.
- Two standards:
- Tamiami standard: 2-prong tests
of whether job qualification is reasonable: considers safety
in determining whether the qualification is reasonably necessary
and 2nd: employer must show it had reasonable cause of factual
basis to believe all or substantial number of older employees
have traits precluding safe job performance
- Another is that it would be
impractical or impossible to test reliability on an individual
basis related to employee's ability to perform safely
- second standard: Hodgson standard:
bases the policy on reasonable belief that increased age increases
risk of harm
- both standards based on premise
that overriding safety factors (in context of bus drivers) minimize
level of proof required to establish a BFOQ
Establishing
a Recruitment & Selection Program
Delegate Responsibility:
HR department or people
from the unit that has the openings will usually do recruiting.
"The selection of a recruitment
officer is paramount to a successful hire." One way to improve
success is if that person has characteristics identified as the
most important attributes the candidate should have.
Job Analysis:
systematic and thorough study of
specific tasks related to the position.
Why do you suppose this is an important
part of the process?
It's necessary to construct the job descriptions and to select
employees. The process sharpens your thinking about exactly what
the person's role should be, sets expectations for him/her, etc.
If the job isn't well defined, you may recruit the wrong person,
and/or s/he will become disenchanted. This step is an opportunity
to look at the organization's overall needs and how the new recruit
can play a critical role in achieving the goals.
Job activities divided into 3
main areas:
- task
deals with work done and why it's done
- behavioral
behaviors occurring on the job
- abilities data
underlying skills or knowledge worker needs for satisfactory
performance
Next step is to rank these tasks
according to their relative importance, and create a test to
measure the abilities needed for success on the job.
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