Deck 3: Title VII of the Civil Rights Act of 1964

Question 1

An employer can be subjected to liability for defamation for including false and defamatory statements in an employee's performance appraisal if that information is communicated to a third party and it harms the employee's reputation.

Answer 1

True

Question 2

Title VII requires that preferential treatment be given to members of a protected class to remedy past discrimination.

Answer 2

False

Question 3

An employer can refuse to hire an applicant or fire an employee after discovering that the individual lied on his/her application.

Answer 3

True

Question 4

Title VII does not prohibit the use of an employment eligibility test that results in a disparate impact on a protected group,provided that

A)the employer can show that the test was professionally developed.
B)the employer can show that the test was not designed,intended,or used to discriminate on the basis of membership in a protected class.
C)the employer can show that the test scores can be used to determine appropriate and meaningful inferences about probable job-related behavior.
D)All of the answers are correct.

Question 5

Bob's Painting Service hired 3 temporary workers through Deb's Temps.Bob didn't ask if back ground checks had been done on the employees.Deb did not check the criminal records for the workers hired by Bob.One of the workers,Joe Herrington,had been convicted of rape and had just recently been released from prison.While working for Bob,Joe attacked and raped the owner of the home that was being painted.The owner sued Bob.

A)Bob is not liable because Joe was a temporary worker hired though Deb's Temps.
B)Bob may be liable because he did not make sure that adequate back ground checks had been done for the workers he hired.
C)Bob is not liable because Joe was not acting within the course and scope of his employment.
D)None of the choices are correct.

Question 6

To avoid liability for negligent hiring,an employer must

A)conduct a reasonable background check that would disclose information sufficient to determine whether the applicant is fit for the job.
B)check the applicant's references
C)verify the information provided by the applicant on the application
D)All of the choices are correct.

Question 7

Marilyn was employed at the Quick Stop.She was fired for allegedly stealing from the cash draw.Marilyn denied taking the money.She applied for another position at the local Food Mart.When asked why she left her last job,she explained that her manager fired her for stealing;however,she continued to deny stealing the money.Marilyn did not get the job at the Quick Mart.She contacted a lawyer to discuss her options.

A)Marilyn does not have a cause of action against Quick Stop for defamation because her reputation has not been harmed.
B)Marilyn does not have a cause of action against Quick Stop for defamation because she told the manager at Food Mart about the allegations.
C)Marilyn has a cause of action for defamation against Quick Stop because she was forced to repeat the defamatory remarks to her prospective new employer.
D)Marilyn has a cause of action for defamation because the manager at Quick Stop would have provided the information if he had been asked for a reference.

Question 8

An employer can be liable for negligent performance evaluation if he/she fails to use reasonable care to in conducting a performance evaluation.

Question 9

The Americans with Disabilities Act requires employers to engage in affirmative action in order to accommodate the needs of qualified,disabled employees.

Question 10

Federal recordkeeping laws require employers to maintain records which document the name and race of each applicant and the reason the applicant was not hired.

Question 11

Steve Murphy is the Human Resources Manager at Duncan's Tires.He has heard a rumor that Arthur Bailey has HIV-AIDS.Arthur is employed as a mechanic and his job duties include putting on new tires and changing the oil in a routine car service.Steve called Arthur into his office and informed him that he would have to take an HIV test.Arthur told Steve there was no need for the test,that he was HIV positive.Steve told Arthur that he hated to do it,but he was going to have to terminate his employment,effective immediately.

A)Arthur is an employee-at-will and has no cause of action for wrongful discharge.
B)Arthur's termination is justified because he did not inform Steve that he was HIV positive.
C)Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job.
D)Arthur's termination is not a violation of the Americans with Disabilities Act because he did not inform his employer as required by the Act.

Question 12

George Daniels applied for a job as a machine operator.The job required the operator to sit in front of a machine and monitor the process as it wove the fabric that is eventually made into pantyhose.The job did not require any heavy lifting,but occasionally required the operator to reach over his head to release the fabric from the machine.A prior workers' compensation claim resulted in permanent damage to George's lower back,so the job was ideal.However,the employer requires all employees to pass a general fitness test before being hired because he believes that physically fit employees are healthier and more productive.George could not pass the fitness test and he was not offered the job.

A)George has no basis for a claim against the employer because passing the fitness test is required of all applicants before being hired.
B)George has a claim against the employer because the Americans with Disabilities Act prohibits the use of physical ability testing that is not related to the performance of the job.
C)George does not have a claim against the employer because he was just an applicant,not an employee.Federal laws do not regulate the application process.
D)None of the choices are correct.

Question 13

Employers should not ask about gender on an application unless the information is necessary for a bona fide occupational qualification.

Question 14

When an employer is asked for a reference for a former employee,the employer

A)has a duty to respond
B)has no duty to respond,but if he/she responds,the reference must be truthful and honest
C)can only respond if the former employee has signed a waiver authorizing release of confidential information
D)should carefully develop a response that will not subject the employer to liability for defamation,even if that means leaving out relevant information about the former employee

Question 15

Woodberry Furniture Industries was accepting applications for employment.The application included a question asking whether the applicant had ever filed a worker's compensation claim and a question asking if the applicant had a disability.

A)Questions on the application about prior workers compensation claims are allowable.
B)Questions on the application about physical disabilities are allowable.
C)Applicants cannot be asked about prior workers compensation claims or physical disabilities on the application.
D)Employers can ask any question deemed necessary to gather all the relevant information on a written application.

Question 16

Title VII exempts professionally developed employment eligibility tests from claims of disparate impact discrimination as long as the test is not designed to discriminate against a member of a protected class.

Question 17

The Office of Federal Contract Compliance Programs (OFCCP)offers recruitment suggestions to employers to ensure that an affirmative action program does not unduly discriminate in reverse (i.e.,discriminate against white males in favor of minorities and women).

Question 18

Glowing Hair Products,Inc.interviewed Andaleeb Fayad for the position of Marketing Manager.During the interview,the vice president for marketing asked Ms.Fayad about the origin of her first name,if she was married and if she planned to have children.

A)These questions are prohibited by federal law because they concern national origin or ethnicity,marital status and sex/gender.
B)These questions are not prohibited by federal law but they could be used as evidence of discrimination because they are not job related.
C)These questions are not prohibited by federal law but there is no risk of liability if all applicants are asked the same questions.
D)None of the choices are correct.

Question 19

The Drug-Free Workplace Act of 1988 authorized drug testing of federal and state employees and private sector employers who have 25 or more employees.

Question 20

Under state Employment Record Disclosure Acts,an employer who provides information to a new employer about a previous employee may not be sued for defamation as long as there is a good-faith belief in the truth of the statement made.

Question 21

Employer disciplinary systems

A)must allow the employee the opportunity to be reinstated after termination.
B)do not subject employers to liability unless the system contains provisions for progressive discipline
C)must be administered in an objective and nondiscriminatory manner.
D)All of the choices are correct.

Question 22

An effective method to minimize the possibility that a prior employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is

A)to require all prospective employees to sign a document releasing former employers from liability for providing references,and providing a copy of the release to prior employers from whom references are sought.
B)conduct reference checks secretly.
C)have the references checked by an unrelated third party.
D)check only references that are adequately insured against defamation.

Question 23

Weber has been arrested four times for,and convicted twice of fraud.He is hired as a teller by Port Alice State Bank.He consistently underpays customers making large withdrawals,and keeps the unpaid funds for himself.When a customer attempts later to recover her unpaid funds from Weber,she discovers that Weber has disappeared.Port Alice State Bank will

A)not incur liability since it is not liable for the crimes of its employees.
B)not incur liability since it will be unable to recover from the now absent Weber.
C)be liable to the customer only if it can be shown that the bank had knowledge of Weber's past.
D)be liable to the customer,because it has negligently hired a thief.

Question 24

In order to avoid liability for the negligent hiring of a dangerous individual,the law imposes a duty on an employer to:

A)take all the steps expected of a reasonable person in similar circumstances.
B)take all steps necessary to exhaust all sources of information about a prospective employee.
C)exhaust all sources of information about a prospective employee.
D)require all prospective employees to certify that they have never been convicted of a crime.

Question 25

The purpose of the Drug-Free Workplace Act of 1998 was to

A)educate small business concerns about the advantages of a drug-free workplace
B)provide financial incentives and technical assistance to help small businesses create a drug-free workplace
C)assist working parents in keeping their children drug free
D)All of the choices are correct.

Question 26

An employer seeks applicants for entry-level jobs from among those with experience in a segment of her industry that has typically exhibited hostility toward groups defined by certain protected traits.This form of recruitment is:

A)probably wrongful,because it is illegal to limit applicants to those with experience,unless the experience sought is experience in the precise industry segment in which the employer operates.
B)perfectly legal.
C)probably wrongful,because the applicant pool will be virtually devoid of members of these groups.
D)perfectly legal,as long as the employer hires the most experienced applicants.

Question 27

The Drug-Free Workplace Act of 1988

A)authorized the drug testing of federal employees under certain circumstances
B)authorized the drug testing of private employees
C)prohibited preemployment screening of job applicants
D)All of the choices are correct.

Question 28

A Five Star restaurant called "The Eating Room" put the following advertisement in the local newspaper:"Waiters needed.Experience required.Must look good in tuxedo." Ella Hardy applied for the job and was rejected even though she had experience working in a Five Star restaurant and she thought she would look good in a tuxedo.

A)This advertisement violates no federal or state laws on recruitment and Ella has no basis for a cause of action against the restaurant.
B)Ella can file a claim with EEOC because the ad contains language indicating a preference based on sex.
C)Ella cannot file a claim because she was not told she was rejected because she was female.
D)None of the choices are correct.

Question 29

Title VII of the Civil Rights Act of 1964

A)does not regulate the recruitment process if the employer uses an employment agency.
B)requires employers to write recruitment announcements that will encourage a diverse group of individuals to apply for employment.
C)allows employers to restrict advertising to the Internet instead of newspapers in order to prevent discrimination.
D)None of the choices are correct.

Question 30

Preemployment testing

A)is allowed even if discrimination on the basis of national origin is shown if the employer can show that the requirement is a bona fide occupational qualification.
B)is necessary to determine the employee's qualifications for the job and is therefore exempt from Title VII.
C)is prohibited by the Americans with Disabilities Act.
D)All of the choices are correct.

Question 31

The Immigration Reform and Control Act of 1986:

A)affords legal and illegal aliens protection under the Civil Rights Act of 1964.
B)requires that employers of legal and illegal aliens submit copies of applications,green cards and visas to the EEOC on a yearly basis.
C)sets acceptable percentage limits regarding the ratio of aliens to natural born citizens permissible in the overall employee population.
D)permits discrimination by providing that employers of four or more determine the eligibility of each individual they intend to hire.

Question 32

Employment Record Disclosure Acts immunize employers in some states against suits for defamation arising out of references given on former employees:

A)if the employer can show the truth of the statements made in the reference.
B)if the employer can demonstrate a good faith belief in the truth of the statements made in the reference.
C)if the employer can demonstrate reasonable ignorance of the falsity of the statements made in the reference.
D)if the employer can demonstrate willful ignorance of the falsity of the statements made in the reference.

Question 33

Arbitration agreements in employment contracts are

A)unenforceable.
B)unenforceable if one of the parties asks to have the employment dispute resolved by mediation.
C)unenforceable if the agreement requires the employee to give up the right to a jury trial.
D)enforceable if the parties agreement to arbitrate was made at the time the employee was hired.

Question 34

The Federal Employee Polygraph Protection Act of 1988

A)permits employers to ask applicants about polygraph tests given by prior employers.
B)includes an exemption which allows employers to test current employees if necessary to investigate a workplace theft or incident.
C)provides that employers cannot discharge an employee based on the polygraph test unless the test has been administered twice.
D)None of the choices are correct.

Question 35

In the absence of a BFOQ,the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual ________ years of age or older.

A)35.
B)40.
C)50.
D)65.

Question 36

Grand Lake Bridge Builders is hiring Material Handling Laborers.The job requires the ability to lift or move objects weighing 100 pounds.Shannon Marshall,who is 5'9'' tall and looks to weigh about 135 pounds applies for the job.Grand Lakes wants to ensure that she is physically capable of doing the job.

A)Grand Lake can require Shannon to take a preemployment physical examination before wasting time and money on the rest of the application process,such as an interview,drug test and background check.
B)If Grand Lake makes a conditional job offer to Shannon,it can require her to take a physical examination before wasting time and money on the rest of the application process,such as the drug test and background check.
C)Grand Lake cannot require Shannon to take a preemployment physical examination as a condition of employment,but can require a physical examination after a job offer has been made,provided that all of the non-medical aspects of the application process are completed before the physical examination.
D)Grand Lake can avoid this problem by keeping a set of 100 pound weights in the office and requiring all applicants to lift them at the time of the interview.

Question 37

Employers can be found liable for common law fraud if

A)the employer intentionally or recklessly misrepresents a significant fact about the job that the applicant relies on to make the decision to accept the job
B)the employer allows an applicant to believe something about the job that the employer knows is false
C)the employer hides certain information about the job from the applicant.
D)All of the choices are correct.

Question 38

Appraisal procedures should

A)be standardized and uniform for all employees within a job group.
B)should provide formal appeal mechanisms that allow for employee input.
C)should be formally communicated to employees.
D)All of the choices are correct

Question 39

Nepotism:

A)is always illegal
B)always results in disparate impact discrimination.
C)always results in disparate treatment discrimination
D)is allowed even if disparate impact discrimination occurs,provided the employer can show business necessity.

Question 40

Tyler was employed at the local grocery store,Food World.The store manager,Jeff Searcy,discovered that there were several cartons of cigarettes missing.He had reason to believe that Tyler took the cigarettes.Jeff asked Tyler to take a polygraph test and Tyler refused,claiming that he did not steal the cigarettes.Tyler also reminded Jeff that he did not have a key to the case where the cigarettes were kept.Jeff fired Tyler because he refused to take the polygraph test.

A)Tyler has a cause of action against Food World for wrongful discharge because his refusal to take the polygraph test cannot be the basis for termination of his employment without more evidence,and he did not have access to the cigarettes.
B)Tyler does not have a cause of action against Food World because refusal to take the polygraph test is grounds for dismissal.
C)Tyler does not have a cause of action against Food World because he is an employee-at-will and can be fired for no reason.
D)None of the choices are correct.

Question 41

What is eligibility testing and how is it restricted by Title VII?

Question 42

What is word-of-mouth recruiting and how can it result in discriminatory hiring practices?

Question 43

Trade secrets can be protected by

A)limiting access to sensitive date to those with a particular need for the information.
B)keeping sensitive data under lock and key.
C)having employees with access to trade secrets sign a confidentiality agreement.
D)All of the choices are correct.

Question 44

Sandley Vacuum Sales hires Rhonda Piper and Martina Stuart to be door-to-door salespersons.Ms.Piper has a record of committing physical violence against people who displease her,including four convictions for assault.Ms.Stuart has lead a sensible and very gentle life and is known for her hospitality and homemaking skills by her friends and family.On Ms.Piper's first day of employment with Sandley,she beats up three women who decline to purchase her wares after she has spent over an hour with each giving a demonstration of the vacuums.Three days later,Ms.Stuart becomes frustrated and beats up three other prospective customers who criticize Sandley's products while she is giving a demonstration of their wares.All six victims sue Sandley.Do any of the victims have a reasonable chance of prevailing?

Question 45

Tom Payton was employed by Carver Industries,Inc.as a Marketing Manager.He was fired for sexually harassing of 3 female administrative assistants.Specifically,Tom cornered the women in the supply room on 3 separate occasions and touched them inappropriately.The last incident that resulted in his termination occurred after he asked Paula Lee to work overtime and called her into the supply room to assist him in finding paper clips.When she entered the room,Tom grabbed her and attempted to fondle her.Ms.Lee pushed Tom away and called a security officer who escorted her out of the building.Ms.Lee reported the incident the following day to the Vice-President of Human Resources.Later that day,the other women came forward and reported the previous incidents.Dave Smith,Tom's immediate supervisor,was contacted by Marketing Miracles,Inc.for a reference for Tom.Dave gave Tom a glowing reference and did not mention the reason for Tom's termination.Tom was hired and 6 months later,sexually assaulted Ann Kelly,a female employee of Marketing Miracles,in the supply room after he requested that she work overtime.Is Carver Industries liable for the harm to Ann Kelly?

Question 46

An employer has a policy in which it tries to correct an employee's negative behavior or misconduct on the job by a series of increasingly severe penalties following each offense before terminating the employee.The policy is called

A)Due process
B)Progressive discipline
C)Good cause
D)Alternative discipline

Question 47

Samantha Bradshaw signed an employment contract with Soaks in the City to work as a hot tub sales clerk.The agreement included an arbitration agreement.After Samantha was denied a promotion she filed a charge of discrimination with the EEOC.The manager of Soaks told Samantha that her employment contract requires her to use arbitration to pursue her case instead of going to the EEOC.

A)Samantha cannot pursue her claim of discrimination at the EEOC because she signed a contract agreeing to arbitration.
B)The EEOC can take Samantha's case to court because it was not a party to the employment agreement.
C)The EEOC can represent Samantha in the arbitration of her case because it is the official government agency for resolving complaints of discrimination.
D)If the arbitration hearing is held and a decision is issued before the EEOC takes action it will be the final result for Samantha's claim.

Question 48

Discuss the potential liability for defamation that can result from the use of performance appraisals.

Question 49

Criterion Related Validation is

A)based on data relating to job performance which is gathered from a simulated exercise or other on-the-job measures of performance.
B)based on a representative sample of job-related tasks,behaviors,and knowledge.
C)based on measuring psychological characteristics which are job-related behavior.
D)All of the choices are correct.

Question 50

Carl was employed as a landscape designer with Splendid Gardens Landscape and Design firm in Winston-Salem,North Carolina.He signed a covenant not to compete agreement when he was hired 2 years ago.The agreement states that Carl cannot work in Splendid's territory for 1 year after his employment ends.The agreement stipulates that Splendid's territory constitutes a 30 mile radius of Winston-Salem,N.C.Carl has been working part-time for himself.When his employer finds out,he is terminated.Carl wants to take a new position with Harold's Garden in Greensboro,North Carolina which is 20 miles away.

A)Carl can take the job because he did not understand the consequences of the covenant not to compete clause.
B)Carl can take the job because even though Harold's is in Splendid's territory,he is not planning on contacting any of his former clients.
C)Carl cannot take the job if the geographical and time restrictions are deemed to be reasonable by the courts.
D)None of the choices are correct.

Question 51

An employer can pursue a claim against a former employee under The Uniform Trade Secrets Act if it can show I that the company makes a reasonable effort to keep the information a secret
II the former employee takes a position with a competitor that requires the employee to divulge or use the previous employer's secrets.
III that the information is protected by federal copyright laws.

A)I and II only
B)II and III only
C)I and III only
D)All of the choices are correct.