1. Ethical and Legal Aspects of T and D

2. Difference between T and D? Training – specific skills Training – specific skills Development – intellectual capital Development – intellectual capital Both are a planned effort to “facilitate” learning of job related behavior Both are a planned effort to “facilitate” learning of job related behavior

3. What is HRM relationship with T and D? Relates all HR practices and policies to ee Relates all HR practices and policies to ee 180 Billion spent on training yearly 180 Billion spent on training yearly

4. Legal Federal Fair Employee Practices Federal Fair Employee Practices Equal Treatment Equal Treatment Title VII Title VII “ cannot discriminate in T and D either “ cannot discriminate in T and D either If training does have negative impact the organization must be ready to demonstrate validity If training does have negative impact the organization must be ready to demonstrate validity

5. Uniform Guidelines All training must be directly related to job necessity All training must be directly related to job necessity Affirmative Action- all must have equal chance to complete course. Affirmative Action- all must have equal chance to complete course. Training can not have negative impact. Training can not have negative impact.

6. Validity Content Validity Content Validity Training must show increased job performance Training must show increased job performance Performance test must show difference between trained and untrained Performance test must show difference between trained and untrained Criterion related validity Criterion related validity Selection must not have negative impact. Selection must not have negative impact. Selection for training courses must relate to job performance Selection for training courses must relate to job performance

7. Disparate Treatment Three step procedure Three step procedure Plaintiff must establish prima facie evidence Plaintiff must establish prima facie evidence They must belong to minority group They must belong to minority group Must be qualified for job Must be qualified for job Must have been denied opportunity while others in non protected class were not. Must have been denied opportunity while others in non protected class were not. Must show motivation to discriminate Must show motivation to discriminate Employer must show business necessity. Employer must show business necessity.

8. To prevent lawsuits Design training programs that will allow for differences by minorities and women. Design training programs that will allow for differences by minorities and women. Always, always evaluate transfer Always, always evaluate transfer Ex At&t outside pole climbing Ex At&t outside pole climbing

9. Adverse Impact Make sure training materials equal training readability requirements on job Make sure training materials equal training readability requirements on job Too difficult may have adverse impact on non English speaking Too difficult may have adverse impact on non English speaking Use readability index ( # OF SYLLABLES PER WORD) Use readability index ( # OF SYLLABLES PER WORD)

10. Watch derogative comments “ teach old dog new tricks” “ teach old dog new tricks” Treat all participants the same Treat all participants the same Remember people learn at different speeds. Remember people learn at different speeds.

11. Equal Pay Act Equal pay for equal work between genders Equal pay for equal work between genders For = skill, knowledge, education etc For = skill, knowledge, education etc Landmark case: First Victoria Bank Landmark case: First Victoria Bank Court ruled against training program Court ruled against training program T program not in writing T program not in writing Ee was not given job hired for Ee was not given job hired for T program excluded women T program excluded women No consistent advancement from T program to full employment No consistent advancement from T program to full employment

12. Privacy Act Good idea to get releases Good idea to get releases Results of tests or training course “may be given to supervisory personnel. Results of tests or training course “may be given to supervisory personnel.

13. New Age Training Positive thinking Positive thinking Emotional intelligence Emotional intelligence Hypnosis Hypnosis “seek to liberate minds by breaking old thinking habits’ “seek to liberate minds by breaking old thinking habits’ May violate religious beliefs May violate religious beliefs Court ruled OK if this type of training is voluntary Court ruled OK if this type of training is voluntary Landmark case Krone Consultants at Pacific Bell Landmark case Krone Consultants at Pacific Bell Thought police Thought police

14. Always guard the rights of the trainee!!!! Reasonably accommodate Reasonably accommodate Inform trainees of training techniques before hand. Inform trainees of training techniques before hand. Allow right to choose Allow right to choose Be alert to all HR issues Be alert to all HR issues

15. More legal issues that all require formal training Workplace safety OSHA Workplace safety OSHA Sexual Harassment prevention Sexual Harassment prevention Drug free workplace procedures Drug free workplace procedures Trade secret handling procedures Trade secret handling procedures Preventative training measures Preventative training measures Proper hiring Proper hiring Firing, promotion, performance evaluation Firing, promotion, performance evaluation

16. American With Disabilities Act Reasonable accommodation Reasonable accommodation Accessible locations Accessible locations Interpreters for deaf Interpreters for deaf Note takers for blind Note takers for blind Materials Materials Audio/visuals Audio/visuals Lighting Lighting Reading disabilities Reading disabilities Learning disabilities Learning disabilities

17. Behavior considered unethical for T and D Professionals Lack of professional development Lack of professional development Violations of confidences Violations of confidences Use of “cure all” programs Use of “cure all” programs Dishonesty regarding program outcomes Dishonesty regarding program outcomes Failure to give credit Failure to give credit Abuse of trainees Abuse of trainees Entertaining not training Entertaining not training No follow up No follow up

18. Training programs must not have a A. Business necessity A. Business necessity B. Content validity B. Content validity C. negative impact C. negative impact

19. Trainers should always be prepared to prove that their programs A. Objectives A. Objectives B. validity B. validity C.Positive impact C.Positive impact

20. _______validity must necessitate the analysis of ksa’s A. Content A. Content B. Criterion B. Criterion C. Both above are correct C. Both above are correct

21. According to Uniform Guidelines _________ ________ occurs when members of the protected class are denied access to equal employment opportunity when members of the protected class are denied access to equal employment opportunity A. Negative impact A. Negative impact B. Prima facie B. Prima facie C. Disparate treatment C. Disparate treatment

22. What should training managers do to prevent disparate charges? A. Document all training results A. Document all training results B. Redesign programs if needed B. Redesign programs if needed C. Both above may be necessary C. Both above may be necessary

23. Training opportunities must not be denied to the disabled because of.a. inability to offer correct lighting.a. inability to offer correct lighting b. inability to offer undue hardship b. inability to offer undue hardship c. inability to offer reasonable accommodation c. inability to offer reasonable accommodation

24. Give examples of the following unethical training practices Lack of professional Development Lack of professional Development Violation of confidence Violation of confidence Cure all programs Cure all programs Dishonest reporting Dishonest reporting Failure to give credit Failure to give credit Abuse of trainees Abuse of trainees Lack of follow-up Lack of follow-up

25. Make sure that you apply both legal Make sure that you apply both legal and ethical aspects to your projects and ethical aspects to your projects Watch giving credit Watch giving credit