SHRM CP Workplace (15%)

ADA Amendments Act (ADAAA)

Amendments to Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules of construction to guide the analysis
of what constitutes a disability.

Adverse impact

Type of discrimination that results when a neutral policy has a discriminatory effect; also known as disparate impact.

Age Discrimination in Employment Act (ADEA)

Act that prohibits discrimination in employment for persons age 40 and over.

Americans with Disabilities Act (ADA)

Act that prohibits discrimination against a
qualified individual with a disability because of his/her disability.

Assignees

Employees who work outside their home countries.

Bona fide occupational qualification (BFOQ)

Situation in which religion, sex, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of an organization.

Burlington Industries, Inc. v. Ellerth

Court ruling that distinguished between supervisor harassment that results in TANGIBLE EMPLOYMENT action and supervisor harassment that does not.
______________________________________________
After working for Burlington Industries for 15 months, Kimberl

Civil law

Legal system based on written codes (laws, rules, or regulations).

Civil Rights Act of 1964

First comprehensive U.S. law making it illegal to discriminate on the basis of race, color, religion, sex, or national origin.

Civil Rights Act of 1991

Act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Code of conduct

Principles of conduct within an organization that guide decision making and behavior; also known as code of ethics.

Common law

Legal system in which each case is considered in terms of how it relates to legal decisions that have already been made; evolves through judicial decisions over time.

Comparable worth

Concept that states that jobs requiring comparable skills, effort, responsibility, and working conditions filled primarily by women should have the same job classification and salary as similar jobs filled by men.
(Pay women and men equal wage for jobs th

Compliance program

System for ensuring that policies and procedures addressing issues identified in the code of conduct are presented to and understood and acted on by everyone in the organization and for
evaluating the results of those efforts.

Conflict of interest

Situation in which a person or organization has the potential to be influenced by two opposing sets of incentives.

Consolidated Omnibus Budget Reconciliation Act
(COBRA)

Act that provides individuals and dependents who may lose medical coverage with opportunity to pay to continue coverage.

Contingency plan

Protocol that an organization implements to respond to an unplanned but identified risk event.

Corporate social responsibility (CSR)

Recognition of the impact a corporation has on the lives of its stakeholders (including shareholders, employees, communities, customers, and suppliers) and the environment; can include corporate governance, corporate philanthropy, sustainability, and empl

Cultural relativism

Concept that argues that ethical behavior is determined by local culture, laws, and business practices.

Culture

Set of beliefs, attitudes, values, and behaviors shared by members of a group and passed down from one generation to the next.

Dilemma reconciliation

Process of charting a course through cultural differences.

Disability

Physical or mental impairment that substantially limits major life activities.

Disparate impact

Type of discrimination that results when a neutral policy has a discriminatory effect; also known as adverse impact.

Disparate treatment

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

Diversity

Differences in characteristics of people; can involve personality, work style, race, age, ethnicity, gender, religion, education, functional level at work, etc.

Diversity council

Task force created to define a diversity and inclusion initiative and guide the development and implementation process.

Diversity dimensions

Framework for understanding the range and complexity of diversity; includes four layers (personality, internal dimensions, external dimensions, and organizational dimensions); also known as identity group.
__________________________________________
This m

Diversity of thought

Concept describing the presence of different types of cognitive processes in a workplace; opposed to "groupthink," or similarity of thought processes and opinions.

Drug-Free Workplace Act

Requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify they are
maintaining a drug-free workplace

Due process

Concept that laws are enforced only through accepted, codified procedures.

Duty of care

Principle that organizations should take all steps that are reasonably possible to ensure the health, safety, and well-being of employees and protect them from foreseeable injury.

Employee Polygraph Protection Act (EPPA)

Act that generally prevents employers engaged in or affecting interstate commerce from using lie detector tests either for preemployment screening or during the course of employment, with certain exemptions.

Employee resource group (ERG)

Voluntary group for employees who share a particular diversity dimension (race, religion, ethnicity, sexual orientation, etc.); also known as affinity group or network group.

Employee Retirement Income Security Act (ERISA)

Act that established uniform minimum standards for employer-sponsored retirement and health and welfare benefit programs

Employees

Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

Employment practices liability insurance (EPLI)

Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated. (Covers legal costs)

Equal Employment Opportunity Act

1972 act that amended Title VII and gave the Equal Employment Opportunity Commission authority to implement its administrative findings and conduct its own enforcement litigation.

Equal Pay Act (EPA)

Act that prohibits wage discrimination by requiring equal pay for equal work.

Ethical universalism

Concept that argues that there are fundamental ethical principles that apply across cultures.

Ethics

Set of behavioral guidelines by which all directors, managers, and employees of an organization are expected to behave to ensure appropriate moral and ethical business standards, typically beyond the letter of the law.

Exempt employees

Employees who are excluded from FLSA minimum wage and overtime pay requirements.

Extraterritoriality

Extension of the power of a country's laws over its citizens outside that country's sovereign national boundaries

Fair and Accurate Credit Transactions Act (FACT
Act)

Act that provides some relief to employers using third parties to conduct workplace investigations.

Fair Credit Reporting Act (FCRA)

Act that protects privacy of background
information and ensures that information supplied is accurate.

Fair Labor Standards Act (FLSA)

Act that regulates employee status, overtime pay, child labor, minimum wage, record keeping, and other administrative concerns.

Family and Medical Leave Act (FMLA)

Act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

Faragher v. City of Boca Raton

Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
__________________________________
After resigning as a lifeguard, Beth Ann Faragher brought an action agains

Gender

Refers to the socially constructed roles,behaviors, activities, and attributes that a given society considers appropriate for men and women.

General Duty Clause

Statement in Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work
environment.

Genetic Information Nondiscrimination Act (GINA)

Act that prohibits discrimination against individuals on the basis of their genetic information in both employment and
health insurance.

Global integration strategy (GI)

Globalization strategy that emphasizes consistency of approach, standardization
of processes, and a common corporate
culture across global operations.

Global mindset

Ability to take an international, multidimensional perspective that is inclusive of other cultures, perspectives, and views.

Global remittances

Monies sent back home by migrants working in foreign countries.

Glocalization

Characteristic of an organization with a strong global image but an equally strong local identity.
_____________________________________
The practice of conducting business according to both local and global considerations.

Governance

System of rules and processes an organization puts in place to ensure its compliance with local and international laws, accounting rules, ethical norms, and its own codes of conduct.

Griggs v. Duke Power

1971 case that recognized adverse impact discrimination.
__________________________________
Willie Griggs filed a class action, on behalf of several fellow African- American employees, against his employer Duke Power Company. Griggs challenged Duke's "ins

Hazard

Potential for harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or illness

High-context culture

Society or group where people have close connections over a long period of time and where many aspects of behavior are not made explicit, because most members know what to do and think from years of interaction.

Hostile environment harassment

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it
interferes with an individual's performance;
creates an intimidating, threatening, or humiliating work environment; or perpetuates
a situation that affects the employee'

Identity alignment

Extent to which diversity is embraced in management of people, products/services, and branding.

Immigration Reform and Control Act (IRCA)

Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work.

Inclusion

Extent to which each person in an organization feels welcomed, respected, supported, and valued as a team member.

Independent contractors

Self-employed individuals hired on a
contract basis for specialized services.

Insourcing

Transferring a previously outsourced
function back in-house.

Intercultural wisdom

Capacity to recognize, interpret, and behaviorally adapt to multicultural situations and contexts; also called cultural intelligence.

Jurisdiction

Right of a legal body to exert authority over a given geographical territory, subject matter, or persons or institutions.

Key risk indicators (KRIs)

Metrics that provide an early warning of increasing levels of uncertainty in a particular business area.

Labor-Management Relations Act (LMRA)

Act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also known as Taft-Hartley Act.

Labor-Management Reporting and Disclosure Act (LMRDA)

Act that protects the rights of union members from corrupt or discriminatory labor unions; also known as Lechmere, Inc. v. NLRB

Lechmere, Inc. v. NLRB

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.
_____________________________________________
Lechmere owned and operated a large retail store in a shopping p

Ledbetter v. Goodyear Tire & Rubber Co.

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination
charges were not filed with the EEOC within the required 180-day time frame.

Lilly Ledbetter Fair Pay Act

Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
_________________________________________
Over her nineteen-year career at Goodyear Tire, Lilly Ledbette

Local responsiveness (LR) strategy

Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems.

Low-context culture

Society in which people tend to have many social connections but of shorter duration and where behavior and beliefs may need to be described explicitly so that those coming into the cultural environment know how to behave.

Moral hazard

Situation in which one party engages in risky behavior knowing that it is protected against the risk because another party will assume any resulting loss.

National Defense Authorization Acts (NDAA)

Acts that expanded FMLA leave for employees with family members who are covered members of the military.

National Federation of Independent Business v.
Sebelius

Supreme Court ruling that PPACA requirement that individuals purchase health insurance was constitutional but that requirement that states expand Medicaid was not.

National Labor Relations Act (NLRA)

Act that protects the rights of employees to organize unhampered by management; also known as Wagner Act.

National origin

Refers to the country (including those that no longer exist) of one's birth or of one's ancestors' birth.

NLRB v. Weingarten

Landmark 1975 labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

Nonexempt employees

Employees covered under FLSA regulations, including minimum wage and overtime pay requirements.

Occupational illness

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

Occupational injury

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

Occupational Safety and Health (OSH) Act

Act that established the first national
policy for safety and health and continues
to deliver standards that employers must
meet to guarantee the health and safety
of their employees

Occupational Safety and Health Administration
(OSHA)

Agency that administers and enforces the Occupational Safety and Health Act of 1970.

Offshoring

Situation in which a company relocates processes or production to an international location by means of subsidiaries or third-party affiliates.
Four Reasons to pursue offshoring:
1. Cost savings
2. Access to talent
3. Round the clock shifts
4. Time zone d

Older Workers Benefit Protection Act (OWBPA)

Act that amended ADEA to include all employee benefits; also provided terminated employees with time to consider group termination or retirement programs and consult an attorney.

Overtime pay

Required for nonexempt workers under FLSA at 1.5 times the regular rate of pay for hours over 40 in a workweek.

Patient Protection and Affordable Care Act (PPACA)

2010 law that requires virtually all citizens
and legal residents of the U.S. to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit
specifications or pay a penalt

Pension Benefit Guaranty Corporation (PBGC)

Set up by ERISA to insure payment of benefits in the event that a private-sector defined benefit pension plan terminates with insufficient funds to pay the benefits.

Phillips v. Martin Marietta Corporation

1971 case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

Portal-to-Portal Act

Act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

Pregnancy Discrimination Act

Act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Principal-agent problem

Situation in which an agent (e.g., an employee) makes decisions for a principal (e.g., an employer) potentially on the basis of personal incentives that are not aligned with the agent's
incentives.

Process alignment

Extent to which underlying operations such as IT, finance, or HR integrate across locations.

Protected class

People who are covered under a particular U.S. federal or state antidiscrimination law.

Prudent person rule

States that an ERISA plan fiduciary has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances.

Quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase, a
promotion, or continued employment.

Redeployment

Process by which an organization moves an employee out of an international assignment; can involve moving back to the home country, moving to a different global location, or moving to a new
location or position in the current host
country.

Repatriation

Process of reintegrating employees back
into the home country after an assignment; includes adjustment to the new job and readjustment to the home culture and conditions.

Residual risk

Amount of uncertainty that remains after all risk management efforts have been exhausted.

Reverse innovation

Innovations created for or by emerging-economy markets and then imported to developed-economy markets. It reverses the traditional pattern of innovation in which products and processes are developed in rich countries and sold afterwards in poor countries.

Risk

The effect of uncertainty on objectives; outcomes may include opportunities or threats.

Risk appetite

Amount of risk the organization or function is willing to pursue or accept to attain its goals.

Risk control

An action taken to manage a risk.

Risk management

Identification, evaluation, and control of risk that may affect an organization, typically incorporating the use of insurance and other strategies

Risk position

An organization's desired gain or acceptable loss in value

Risk scorecard

Tool used to gather individual assessments of various characteristics of risk (e.g., frequency of occurrence, degree of impact/loss/gain for the
organization, degree of efficacy of current
controls).

Risk tolerance

Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals.

Rule of law

Concept that stipulates that no individual is beyond the reach of the law and that authority is exercised only in accordance with written and publicly disclosed laws

Stakeholders

All those affected by an organization's
social, environmental, and economic impact
�shareholders, employees, customers, suppliers, regulators, and local communities.

Sustainability

Practices that balance economic, social, and environmental interests to secure the interests of present and future generations.
____________________________
Sustainability is the ability to continue a defined behavior indefinitely.

Totalization agreements

Bilateral agreements entered into by many countries to eliminate double taxation for individuals on international assignment.

Triple bottom line

Economic, social, and environmental impact metrics used to determine an organization's success.

Uniform Guidelines on Employee Selection
Procedures

Procedural document designed to assist employers in complying with federal
regulations prohibiting discrimination.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.

Vesting

Process by which a retirement benefit becomes nonforfeitable.

Vicarious liability

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

Weingarten rights

Union employees' right to have a union representative or coworker present during
an investigatory interview.

Worker Adjustment and Retraining Notification
(WARN) Act

Act that requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur.

Workweek

Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours)

Outsourcing

Occurs when a company contracts with a third party vendor for the supply of products, services or component parts.
Organizations take advantage of global competitiveness.
Some reasons for outsourcing:
-Reduce and control cost
-Improve core strategic compe

Schein three separate cultural layers

1. Artifacts and products: Food, dress, architect, humor music
2. Norms and values: Sense of accepted behavior
3. Basic Assumption: Culture's core beliefs about how the world is and ought to be

Halls theory of high and low context culture

Anthropologist Edward T. Hall's theory of high- and low-context culture helps us better understand the powerful effect culture has on communication.

Hofstede's Dimenstions of Culture

Hofstede's cultural dimensions theory is a framework for cross-cultural communication, developed by Geert Hofstede. It describes the effects of a society's culture on the values of its members, and how these values relate to behavior, using a structure de

Trompenaars and Hampden-Turner's Dilemmas

...

Pull Factor

Pulled towards change through the promise of achieving greater organization value through globalization.
* Greater strategic control
* Government policies that promote outward foreign investments.
* Trade agreements

Push Factor

Pushed towards globalization in reaction to changes in their business environment.
* A need for a new market
* Increased cost pressures and competition
* Shortfall in natural resources and talent supply
* Government policies
* Trade agreements
* Globaliza

Types of global assignments

-Globalists: Who spent their entire careers in international assignments
-Local hires: Hired locally
-Short term assignee's
-International assignee's
-Just in time expatriates

Religious Law

Based on religious beliefs and codes

Common Law

Based on Judicial decisions over time

The Diaspora

(Emerging Economies)
Forces shaping globalization. Shifts from developed to emerging economies. It is a mass migration of a group from homeland to multiple destinations.

Demographic Dichotomy

(Emerging Economies shift)
Is when a younger workforce emerges in emerging economies. This is different to an aged workforce seen in developed countries. Creates educational skill divides and deficits.

Risk Matrix

A Risk Matrix is a matrix that is used during Risk Assessment to define the various levels of risk as the product of the harm probability categories and harm severity categories. This is a simple mechanism to increase visibility of risks and assist manage

PAPA Model

Prepare, Act, Park, Adapt

Risk Registery

Documents information about and responsibility for managing specific risks

SA8000

Is an auditable certification standard that encourages organizations to develop, maintain, and apply socially acceptable practices in the workplace.

ISO 2600

World's largest developer of voluntary international standards. Quality standard, not for certification, that provides guidance of key themes of social responsibility across a broad spectrum of topics

4 T's in Influencing Managerial Practices

-Travel
-Teams
-Training
-Transfers

Covering

An organization promotes diversity but not inclusion.
This affects workers behavior in 4 dimensions
-Appearance
-Affiliation
-Advocacy
-Association

Four Layers of Diversity (Gardenswartz & Rowe 2015)

1. Personality
2. Internal dimensions.
3. External dimensions.
4. Organizational dimensions.

MECE

mutually exclusive and comprehensively exhaustive - identified all plausible risks but not overlapping

Foreign Direct Investment (FDI)

A leading indicator of shift from developed to emerging economies and a major feature of globalization. The investment of foreign assets into domestic structures, equipment, organizations.

ADA Amendments Act (ADAAA)

Amendments to Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules of construction to guide the analysis
of what constitutes a disability.

Adverse impact

Type of discrimination that results when a neutral policy has a discriminatory effect; also known as disparate impact.

Age Discrimination in Employment Act (ADEA)

Act that prohibits discrimination in employment for persons age 40 and over.

Americans with Disabilities Act (ADA)

Act that prohibits discrimination against a
qualified individual with a disability because of his/her disability.

Assignees

Employees who work outside their home countries.

Bona fide occupational qualification (BFOQ)

Situation in which religion, sex, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of an organization.

Burlington Industries, Inc. v. Ellerth

Court ruling that distinguished between supervisor harassment that results in TANGIBLE EMPLOYMENT action and supervisor harassment that does not.
______________________________________________
After working for Burlington Industries for 15 months, Kimberl

Civil law

Legal system based on written codes (laws, rules, or regulations).

Civil Rights Act of 1964

First comprehensive U.S. law making it illegal to discriminate on the basis of race, color, religion, sex, or national origin.

Civil Rights Act of 1991

Act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Code of conduct

Principles of conduct within an organization that guide decision making and behavior; also known as code of ethics.

Common law

Legal system in which each case is considered in terms of how it relates to legal decisions that have already been made; evolves through judicial decisions over time.

Comparable worth

Concept that states that jobs requiring comparable skills, effort, responsibility, and working conditions filled primarily by women should have the same job classification and salary as similar jobs filled by men.
(Pay women and men equal wage for jobs th

Compliance program

System for ensuring that policies and procedures addressing issues identified in the code of conduct are presented to and understood and acted on by everyone in the organization and for
evaluating the results of those efforts.

Conflict of interest

Situation in which a person or organization has the potential to be influenced by two opposing sets of incentives.

Consolidated Omnibus Budget Reconciliation Act
(COBRA)

Act that provides individuals and dependents who may lose medical coverage with opportunity to pay to continue coverage.

Contingency plan

Protocol that an organization implements to respond to an unplanned but identified risk event.

Corporate social responsibility (CSR)

Recognition of the impact a corporation has on the lives of its stakeholders (including shareholders, employees, communities, customers, and suppliers) and the environment; can include corporate governance, corporate philanthropy, sustainability, and empl

Cultural relativism

Concept that argues that ethical behavior is determined by local culture, laws, and business practices.

Culture

Set of beliefs, attitudes, values, and behaviors shared by members of a group and passed down from one generation to the next.

Dilemma reconciliation

Process of charting a course through cultural differences.

Disability

Physical or mental impairment that substantially limits major life activities.

Disparate impact

Type of discrimination that results when a neutral policy has a discriminatory effect; also known as adverse impact.

Disparate treatment

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

Diversity

Differences in characteristics of people; can involve personality, work style, race, age, ethnicity, gender, religion, education, functional level at work, etc.

Diversity council

Task force created to define a diversity and inclusion initiative and guide the development and implementation process.

Diversity dimensions

Framework for understanding the range and complexity of diversity; includes four layers (personality, internal dimensions, external dimensions, and organizational dimensions); also known as identity group.
__________________________________________
This m

Diversity of thought

Concept describing the presence of different types of cognitive processes in a workplace; opposed to "groupthink," or similarity of thought processes and opinions.

Drug-Free Workplace Act

Requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify they are
maintaining a drug-free workplace

Due process

Concept that laws are enforced only through accepted, codified procedures.

Duty of care

Principle that organizations should take all steps that are reasonably possible to ensure the health, safety, and well-being of employees and protect them from foreseeable injury.

Employee Polygraph Protection Act (EPPA)

Act that generally prevents employers engaged in or affecting interstate commerce from using lie detector tests either for preemployment screening or during the course of employment, with certain exemptions.

Employee resource group (ERG)

Voluntary group for employees who share a particular diversity dimension (race, religion, ethnicity, sexual orientation, etc.); also known as affinity group or network group.

Employee Retirement Income Security Act (ERISA)

Act that established uniform minimum standards for employer-sponsored retirement and health and welfare benefit programs

Employees

Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

Employment practices liability insurance (EPLI)

Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated. (Covers legal costs)

Equal Employment Opportunity Act

1972 act that amended Title VII and gave the Equal Employment Opportunity Commission authority to implement its administrative findings and conduct its own enforcement litigation.

Equal Pay Act (EPA)

Act that prohibits wage discrimination by requiring equal pay for equal work.

Ethical universalism

Concept that argues that there are fundamental ethical principles that apply across cultures.

Ethics

Set of behavioral guidelines by which all directors, managers, and employees of an organization are expected to behave to ensure appropriate moral and ethical business standards, typically beyond the letter of the law.

Exempt employees

Employees who are excluded from FLSA minimum wage and overtime pay requirements.

Extraterritoriality

Extension of the power of a country's laws over its citizens outside that country's sovereign national boundaries

Fair and Accurate Credit Transactions Act (FACT
Act)

Act that provides some relief to employers using third parties to conduct workplace investigations.

Fair Credit Reporting Act (FCRA)

Act that protects privacy of background
information and ensures that information supplied is accurate.

Fair Labor Standards Act (FLSA)

Act that regulates employee status, overtime pay, child labor, minimum wage, record keeping, and other administrative concerns.

Family and Medical Leave Act (FMLA)

Act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

Faragher v. City of Boca Raton

Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.
__________________________________
After resigning as a lifeguard, Beth Ann Faragher brought an action agains

Gender

Refers to the socially constructed roles,behaviors, activities, and attributes that a given society considers appropriate for men and women.

General Duty Clause

Statement in Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work
environment.

Genetic Information Nondiscrimination Act (GINA)

Act that prohibits discrimination against individuals on the basis of their genetic information in both employment and
health insurance.

Global integration strategy (GI)

Globalization strategy that emphasizes consistency of approach, standardization
of processes, and a common corporate
culture across global operations.

Global mindset

Ability to take an international, multidimensional perspective that is inclusive of other cultures, perspectives, and views.

Global remittances

Monies sent back home by migrants working in foreign countries.

Glocalization

Characteristic of an organization with a strong global image but an equally strong local identity.
_____________________________________
The practice of conducting business according to both local and global considerations.

Governance

System of rules and processes an organization puts in place to ensure its compliance with local and international laws, accounting rules, ethical norms, and its own codes of conduct.

Griggs v. Duke Power

1971 case that recognized adverse impact discrimination.
__________________________________
Willie Griggs filed a class action, on behalf of several fellow African- American employees, against his employer Duke Power Company. Griggs challenged Duke's "ins

Hazard

Potential for harm, often associated with a condition or activity that, if left uncontrolled, can result in injury or illness

High-context culture

Society or group where people have close connections over a long period of time and where many aspects of behavior are not made explicit, because most members know what to do and think from years of interaction.

Hostile environment harassment

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it
interferes with an individual's performance;
creates an intimidating, threatening, or humiliating work environment; or perpetuates
a situation that affects the employee'

Identity alignment

Extent to which diversity is embraced in management of people, products/services, and branding.

Immigration Reform and Control Act (IRCA)

Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work.

Inclusion

Extent to which each person in an organization feels welcomed, respected, supported, and valued as a team member.

Independent contractors

Self-employed individuals hired on a
contract basis for specialized services.

Insourcing

Transferring a previously outsourced
function back in-house.

Intercultural wisdom

Capacity to recognize, interpret, and behaviorally adapt to multicultural situations and contexts; also called cultural intelligence.

Jurisdiction

Right of a legal body to exert authority over a given geographical territory, subject matter, or persons or institutions.

Key risk indicators (KRIs)

Metrics that provide an early warning of increasing levels of uncertainty in a particular business area.

Labor-Management Relations Act (LMRA)

Act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also known as Taft-Hartley Act.

Labor-Management Reporting and Disclosure Act (LMRDA)

Act that protects the rights of union members from corrupt or discriminatory labor unions; also known as Lechmere, Inc. v. NLRB

Lechmere, Inc. v. NLRB

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.
_____________________________________________
Lechmere owned and operated a large retail store in a shopping p

Ledbetter v. Goodyear Tire & Rubber Co.

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination
charges were not filed with the EEOC within the required 180-day time frame.

Lilly Ledbetter Fair Pay Act

Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.
_________________________________________
Over her nineteen-year career at Goodyear Tire, Lilly Ledbette

Local responsiveness (LR) strategy

Globalization strategy that emphasizes adapting to the needs of local markets and allows subsidiaries to develop unique products, structures, and systems.

Low-context culture

Society in which people tend to have many social connections but of shorter duration and where behavior and beliefs may need to be described explicitly so that those coming into the cultural environment know how to behave.

Moral hazard

Situation in which one party engages in risky behavior knowing that it is protected against the risk because another party will assume any resulting loss.

National Defense Authorization Acts (NDAA)

Acts that expanded FMLA leave for employees with family members who are covered members of the military.

National Federation of Independent Business v.
Sebelius

Supreme Court ruling that PPACA requirement that individuals purchase health insurance was constitutional but that requirement that states expand Medicaid was not.

National Labor Relations Act (NLRA)

Act that protects the rights of employees to organize unhampered by management; also known as Wagner Act.

National origin

Refers to the country (including those that no longer exist) of one's birth or of one's ancestors' birth.

NLRB v. Weingarten

Landmark 1975 labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

Nonexempt employees

Employees covered under FLSA regulations, including minimum wage and overtime pay requirements.

Occupational illness

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

Occupational injury

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

Occupational Safety and Health (OSH) Act

Act that established the first national
policy for safety and health and continues
to deliver standards that employers must
meet to guarantee the health and safety
of their employees

Occupational Safety and Health Administration
(OSHA)

Agency that administers and enforces the Occupational Safety and Health Act of 1970.

Offshoring

Situation in which a company relocates processes or production to an international location by means of subsidiaries or third-party affiliates.
Four Reasons to pursue offshoring:
1. Cost savings
2. Access to talent
3. Round the clock shifts
4. Time zone d

Older Workers Benefit Protection Act (OWBPA)

Act that amended ADEA to include all employee benefits; also provided terminated employees with time to consider group termination or retirement programs and consult an attorney.

Overtime pay

Required for nonexempt workers under FLSA at 1.5 times the regular rate of pay for hours over 40 in a workweek.

Patient Protection and Affordable Care Act (PPACA)

2010 law that requires virtually all citizens
and legal residents of the U.S. to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit
specifications or pay a penalt

Pension Benefit Guaranty Corporation (PBGC)

Set up by ERISA to insure payment of benefits in the event that a private-sector defined benefit pension plan terminates with insufficient funds to pay the benefits.

Phillips v. Martin Marietta Corporation

1971 case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

Portal-to-Portal Act

Act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

Pregnancy Discrimination Act

Act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Principal-agent problem

Situation in which an agent (e.g., an employee) makes decisions for a principal (e.g., an employer) potentially on the basis of personal incentives that are not aligned with the agent's
incentives.

Process alignment

Extent to which underlying operations such as IT, finance, or HR integrate across locations.

Protected class

People who are covered under a particular U.S. federal or state antidiscrimination law.

Prudent person rule

States that an ERISA plan fiduciary has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances.

Quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior's sexual demands and forfeiting an economic benefit such as a pay increase, a
promotion, or continued employment.

Redeployment

Process by which an organization moves an employee out of an international assignment; can involve moving back to the home country, moving to a different global location, or moving to a new
location or position in the current host
country.

Repatriation

Process of reintegrating employees back
into the home country after an assignment; includes adjustment to the new job and readjustment to the home culture and conditions.

Residual risk

Amount of uncertainty that remains after all risk management efforts have been exhausted.

Reverse innovation

Innovations created for or by emerging-economy markets and then imported to developed-economy markets. It reverses the traditional pattern of innovation in which products and processes are developed in rich countries and sold afterwards in poor countries.

Risk

The effect of uncertainty on objectives; outcomes may include opportunities or threats.

Risk appetite

Amount of risk the organization or function is willing to pursue or accept to attain its goals.

Risk control

An action taken to manage a risk.

Risk management

Identification, evaluation, and control of risk that may affect an organization, typically incorporating the use of insurance and other strategies

Risk position

An organization's desired gain or acceptable loss in value

Risk scorecard

Tool used to gather individual assessments of various characteristics of risk (e.g., frequency of occurrence, degree of impact/loss/gain for the
organization, degree of efficacy of current
controls).

Risk tolerance

Amount of uncertainty an organization is willing to pursue or to accept to attain its risk management goals.

Rule of law

Concept that stipulates that no individual is beyond the reach of the law and that authority is exercised only in accordance with written and publicly disclosed laws

Stakeholders

All those affected by an organization's
social, environmental, and economic impact
�shareholders, employees, customers, suppliers, regulators, and local communities.

Sustainability

Practices that balance economic, social, and environmental interests to secure the interests of present and future generations.
____________________________
Sustainability is the ability to continue a defined behavior indefinitely.

Totalization agreements

Bilateral agreements entered into by many countries to eliminate double taxation for individuals on international assignment.

Triple bottom line

Economic, social, and environmental impact metrics used to determine an organization's success.

Uniform Guidelines on Employee Selection
Procedures

Procedural document designed to assist employers in complying with federal
regulations prohibiting discrimination.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.

Vesting

Process by which a retirement benefit becomes nonforfeitable.

Vicarious liability

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

Weingarten rights

Union employees' right to have a union representative or coworker present during
an investigatory interview.

Worker Adjustment and Retraining Notification
(WARN) Act

Act that requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur.

Workweek

Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours)

Outsourcing

Occurs when a company contracts with a third party vendor for the supply of products, services or component parts.
Organizations take advantage of global competitiveness.
Some reasons for outsourcing:
-Reduce and control cost
-Improve core strategic compe

Schein three separate cultural layers

1. Artifacts and products: Food, dress, architect, humor music
2. Norms and values: Sense of accepted behavior
3. Basic Assumption: Culture's core beliefs about how the world is and ought to be

Halls theory of high and low context culture

Anthropologist Edward T. Hall's theory of high- and low-context culture helps us better understand the powerful effect culture has on communication.

Hofstede's Dimenstions of Culture

Hofstede's cultural dimensions theory is a framework for cross-cultural communication, developed by Geert Hofstede. It describes the effects of a society's culture on the values of its members, and how these values relate to behavior, using a structure de

Trompenaars and Hampden-Turner's Dilemmas

...

Pull Factor

Pulled towards change through the promise of achieving greater organization value through globalization.
* Greater strategic control
* Government policies that promote outward foreign investments.
* Trade agreements

Push Factor

Pushed towards globalization in reaction to changes in their business environment.
* A need for a new market
* Increased cost pressures and competition
* Shortfall in natural resources and talent supply
* Government policies
* Trade agreements
* Globaliza

Types of global assignments

-Globalists: Who spent their entire careers in international assignments
-Local hires: Hired locally
-Short term assignee's
-International assignee's
-Just in time expatriates

Religious Law

Based on religious beliefs and codes

Common Law

Based on Judicial decisions over time

The Diaspora

(Emerging Economies)
Forces shaping globalization. Shifts from developed to emerging economies. It is a mass migration of a group from homeland to multiple destinations.

Demographic Dichotomy

(Emerging Economies shift)
Is when a younger workforce emerges in emerging economies. This is different to an aged workforce seen in developed countries. Creates educational skill divides and deficits.

Risk Matrix

A Risk Matrix is a matrix that is used during Risk Assessment to define the various levels of risk as the product of the harm probability categories and harm severity categories. This is a simple mechanism to increase visibility of risks and assist manage

PAPA Model

Prepare, Act, Park, Adapt

Risk Registery

Documents information about and responsibility for managing specific risks

SA8000

Is an auditable certification standard that encourages organizations to develop, maintain, and apply socially acceptable practices in the workplace.

ISO 2600

World's largest developer of voluntary international standards. Quality standard, not for certification, that provides guidance of key themes of social responsibility across a broad spectrum of topics

4 T's in Influencing Managerial Practices

-Travel
-Teams
-Training
-Transfers

Covering

An organization promotes diversity but not inclusion.
This affects workers behavior in 4 dimensions
-Appearance
-Affiliation
-Advocacy
-Association

Four Layers of Diversity (Gardenswartz & Rowe 2015)

1. Personality
2. Internal dimensions.
3. External dimensions.
4. Organizational dimensions.

MECE

mutually exclusive and comprehensively exhaustive - identified all plausible risks but not overlapping

Foreign Direct Investment (FDI)

A leading indicator of shift from developed to emerging economies and a major feature of globalization. The investment of foreign assets into domestic structures, equipment, organizations.