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HUMAN RESOURCES TERMS

Courtesy of the Northwest Entrepreneur Network (www.NWEN.org)

Accessibility - A term used primarily in the Americans With Disabilities Act. It refers to the extent to which a facility is readily approachable and usable by individuals with disabilities.

Adverse Impact - A substantially different rate of selection in hiring, promotion, transfer, training, or other employment related decisions for any race, sex, or ethnic group from which an inference can be made that the employment selection process is discriminatory.

Competency-Based Pay - Traditionally, employees have been rewarded with increased base pay, promotions and titles. Employers have found it is no longer prudent. Organizations are recognizing the need to change their pay philosophies, from paying for position and title, to paying for the accomplishments of people. With competency-based pay, an employee is paid for the range, depth and types of skills and knowledge he/she is capable of using in the job rather than for the position they hold. The "new pay" approach to compensation attempts to address organizational needs to motivate employees and support organizational strategies.

Conciliation Agreement - A binding written agreement between an employer and an agency that details specific commitments to resolve alleged employment violations.

Constructive Discharge - An employee's involuntary resignation resulting from the employer making working conditions for the employee so intolerable that a reasonable person would have felt compelled to resign. Thus, the resignation is treated like an involuntary termination.

Direct Evidence of Discrimination - A method of proof in which evidence on its face establishes a discriminatory reason for an employment decision, without inference or presumption. Direct evidence is evidence that on its face shows an intent to discriminate.

EEO 1 Report - An annual report filed with the EEOC. It details the sex and race/ethnic composition of an employer's work force by job category.

Employment at Will - The traditional common law doctrine that, absent prior agreement to the contrary, an employer may discharge an employee anytime for any reason except for illegal reasons.

Gainsharing - This is a formal incentive pay system that rewards employees as a group for improving productivity. Groups of employees are financially rewarded for identifying and implementing cost saving techniques and practices. It uses objective measures of performance dollars and cents saved.

Goal Sharing - An incentive plan that measures the achievement of pre-determined goals, objectives and then shares the gains from productivity, process and/or service improvements with the employees who have made them. Measurement can include qualitative data, such as information from customer surveys. It relies on a system of employee involvement to maintain a strong link between group performance and rewards. A simple version might cover management-determined or collectively negotiated goals.

Good or Just Cause - A legally acceptable defense for a decision to discipline or terminate an employee.

Minorities - Men and women of those minority groups for whom EEO 1 reporting is required; i.e., Black, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native.

Pattern or Practice Discrimination - Employer actions constituting a pattern of conduct resulting in discriminatory treatment toward the members of a class. Pattern or practice discrimination generally is demonstrated in large measure through statistical evidence, and can be proven under either the disparate treatment or disparate impact model.

Reasonable Accommodation - Any modification or adjustment to a job application process that enables a qualified individual with disabilities to be considered for the position such qualified individual desires, and which will not impose an undue hardship on the employer's business. Also, any modification or adjustment to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enables a qualified individual with handicaps to perform the essential functions of the position, and which will not impose an undue hardship on the operation of the contractor's business, or that enables an employee with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees.

Seniority - Length of employment as defined by the employer or applicable collective bargaining agreement. Employees may have different seniority for different purposes (e.g., job bidding rights governed by department seniority and leave accrual governed by company seniority).

Telecommuting - Telecommuting is any form of substitution of information technologies (such as telecommunications and/or computers) for normal work-related travel; moving the work to the workers instead of moving the workers to work. It allows employees to work in a community work center equipped with computers, modems, fax, and other state-of-the-art equipment. Telecommuting while not a new concept is enjoying newfound popularity. High-speed access technologies are coming down in price, integrated voice and data solutions is making it easier to work off-site; and with service providers offering managed technology solutions, organizations of all sizes can enjoy the benefits of telecommuting.

Workforce Planning - Any organization's strategic plan has to deal with resource requirements to ensure that the appropriate workforce mix will be available when needed to accomplish organizational goals and objectives. Workforce Planning is the process of formulating plans to fill future employment openings, based on projecting: the positions that are expected to be open, and whether these will be filled by inside or outside applicants.

Effective workforce planning is a necessary component of an organization's strategic plan, and provides a flexible and proficient workforce able to adapt to the changing needs of your organization. It is important that HR partners with management as a workforce strategist with a system for dealing with the ongoing issues involved in workforce planning. Unless the right number of suitably qualified professionals are available at the right time and in the right place, the achievement of organization goals and objectives will simply not occur.

Wrongful Discharge - Generally, unlawful employment termination. The phrase "wrongful discharge" is frequently used to refer to exceptions created by the courts in some states to the employment at will doctrine.

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