Chapter 11 Complying with Workplace Justice Laws © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved Chapter Outline • 11-1 Gaining Competitive Advantage • 11-2 HRM Issues and Practices 11-3 The Managers Guide â 2010Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-1a Opening Case: Gaining Competitive Advantage at the Marriott • Problem: Marriott’s open-door policy fails to resolve employee complaints • Solution: Implement a peer review process • How the peer review process enhanced competitive advantage    Number of EEO charges dropped by 50 percent in the first year and by 83 percent in the second Litigation costs reduced, yielding enormous savings Employee morale improved dramatically as they had a complaint system they trusted © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-1b Linking Workplace Justice to Competitive Advantage • Workplace justice laws deal with the fairness of organizational practices that dictate the day-to-day treatment of employees • Competitive advantage can come from:    Reducing litigation costs Favorably affecting employee attitudes and behaviors Promoting a favorable company image © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2a Workplace Justice and Employment Discrimination • Discrimination in the day-to-day treatment of employees:        Sexual harassment Pregnancy discrimination Family and medical leave Fetal protection policies Discharge and discrimination Layoffs and discrimination Early retirement and discrimination © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2a Workplace Justice and Employment Discrimination (cont.) • Problems caused by sexual harassment        Increase in employee turnover Increase in absenteeism Decrease in employee morale Lack of effective teamwork Poor productivity Employee stress and/or psychological problems Costly compensation damages © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2a Workplace Justice and Employment Discrimination (cont.) • Forms of sexual harassment  Quid pro quo -  Hostile environment -  Refers to a situation in which an employee or applicant must provide sexual favors in order to be hired, promoted, granted a pay raise, or allowed to keep a job Employees are subjected to unwelcome, intimidating working conditions Reverse sexual harassment - Occurs when person is denied an employment opportunity that was given to someone who complied with requests for sexual favors © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2a Workplace Justice and Employment Discrimination (cont.) • Steps an employer should take for dealing with sexual harassment:      Establish a written sexual harassment policy Provide supervisory training that focuses on the legal definition of sexual harassment Establish investigative guidelines that maintain employee confidentiality Establish a committee composed of both men and women to investigate sexual harassment claims Establish a means for detecting unreported cases of sexual harassment within the company © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2b Employee Privacy Rights (cont.)  Freedom of Information Act of 1966 - Makes most government records available to the public Individuals may view these records with proper authorization Makes exceptions for personnel files and medical information Private sector employers must ensure that information is given in good faith, no malice is intended, and the receiving party has a legitimate reason for wanting the information © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2b Employee Privacy Rights (cont.) • Searches   Organizations conduct searches to prevent theft, detect the presence of alcohol or drugs, or recover stolen property Employer’s behavior in this area is regulated by the common law of intrusion upon seclusion - A person’s privacy rights are violated when the intrusion upon his or her private concerns would be considered highly offensive to a reasonable person © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2b Employee Privacy Rights (cont.)  An employer’s search must meet three criteria: - Reasonable basis for conducting the search Written guidelines should inform employees of its search policy All precautions to ensure the search is not conducted offensively or abusively © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2b Employee Privacy Rights (cont.) • Surveillance and monitoring  Methods include: -  Monitoring phone calls, e-mail, and Internet use Watching employees through closed-circuit televisions Using private investigators to watch employees outside the workplace Using global positioning systems to track the employees’ locations when using company vehicles and company-provided cell phones Such practices degrade employees, may lead to stress, and hinder employee morale © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2b Employee Privacy Rights (cont.) • Recommendations for implementing surveillance and monitoring practices      Let employees know that they are subject to surveillance and monitoring Explain to the employees why surveillance/monitoring is taking place and how it will be implemented Make sure that surveillance/monitoring is conducted for a job-related reason Do not monitor restrooms or lounges unless there is a legitimate need to so Let employees participate in developing monitoring and surveillance policies © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2b Employee Privacy Rights (cont.) • Workplace rules:   Organizations often impose rules to restrict certain types of employee behaviors such as theft, insubordination, drug use, or horseplay Controversial workplace rules: - - No smoking rules: instituted for well-being of nonsmoking employees, and financial reasons Rules governing romantic relationships: instituted for protecting trade secrets and avoiding appraisal bias; approach taken by public- and private-sector employers vary Employee misconduct outside the workplace © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2c Wrongful Termination and Employment-at-Will • Employment-at-will   Employers are free to discharge their employees for any reason, even an unfair one, unless the discharge is limited by contract or by federal or state statutes Exceptions to the employment-at-will doctrine - - The public policy exception: Any doctrine that serves the needs of society; if public policy is violated, society will suffer harm The implied contract exception: An unwritten contractual agreement The good faith and fair dealing exception: A common law prohibiting discharges that are particularly repugnant or unfair © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-2c Wrongful Termination and Employment-at-Will (cont.) • Preventing wrongful termination  Avoid making any statements that promise long-term employment -  Include an at-will statement on the application form Place a disclaimer in the employee handbook that the document is provided as a matter of information only Train interviewers to avoid making comments imply long-term job security Ensure that discipline and discharge practices are fair - Make sure the fairness of any discharge can be proven through documentation © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-3a Workplace Justice and the Manager’s Job • Line managers:    Communicate workplace policies and procedures Create a good work environment Deal effectively with possible policy violations © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-3b How the HRM Department Can Help • HR Professionals:   Implement discipline and discharge policies by conveying the organization’s code of conduct to the employees, and through training programs and employee handbooks Develop a conflict resolution mechanism -  Open-door policy Peer review panels Mediation Arbitration Use of an ombudsman Assist managers with workplace justice-related issues © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-3c HRM Skill-Building for Managers • Conducting a disciplinary investigation Get the facts Review applicable rules Meet with the employee Decide what kind of discipline, if any, to recommend Provide proper documentation © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-3c HRM Skill-Building for Managers (cont.) • Investigating claims of sexual harassment Determine if the alleged behavior has actually occurred If you conclude that the alleged behavior has occurred, determine if it could be legally construed as sexual harassment Determine the appropriate action to take - Discipline for sexual harassment should be based on the severity of the behavior © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-3c HRM Skill-Building for Managers (cont.) • Conducting a disciplinary conference Get the facts Arrange for the interview Put the employee at ease State the facts of the case Ask for reasons State the company policy that has been violated State the reason for the policy and the possible harm caused by the employee’s violation © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved 11-3c HRM Skill-Building for Managers (cont.) • Conducting a disciplinary conference (cont.) Get the worker to agree on the problem If disciplinary action is needed, state the action and the reasons for it 10 Involve the employee in a problem-solving discussion 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 © 2010 Cengage Learning. Atomic Dog is a trademark used herein under license All rights reserved ... process: Employees should be informed of the charges against them and be given an opportunity to defend themselves Progressive discipline system: Discipline is enforced in increasingly severe steps;... of sexual harassment Establish investigative guidelines that maintain employee confidentiality Establish a committee composed of both men and women to investigate sexual harassment claims Establish... Employment Discrimination (cont.) • Steps an employer should take for dealing with sexual harassment:      Establish a written sexual harassment policy Provide supervisory training that focuses on