Question 1

The employer cannot terminate an employee-at-will under a fixed term employment agreement.

Accepted Answer

A fixed-term employment agreement specifies a definite period of employment, during which the employer cannot terminate the employee without cause.

Question 2

Matching
-An employer 's legitimate need to discriminate in hiring based on race, sex, or age.

Accepted Answer

Bona fide occupational qualifications (BFOQs) allow employers to legally discriminate based on race, sex, or age if it is necessary for the job. For example, a company that only hires female actors to play female roles in movies would be using a BFOQ.

Answer: I 
 Affirmative action is a policy that aims to increase representation of historically marginalized groups in the workforce. This may involve setting goals or quotas for hiring these groups, but the ultimate goal is to achieve diversity and not to discriminate against other groups.

Answer: J 
 "Good cause" is a reason for terminating employment that is not related to an employee's job performance or behavior. This could include things like downsizing or restructuring the company.

Question 3

Matching
-An agreement that ends at the expiration of the term stated in the agreement.

Accepted Answer

A fixed-term agreement is an agreement that ends at the expiration of the term stated in the agreement.

Question 4

A fixed-term agreement is the simplest and most often utilized type of employment agreement.

Accepted Answer

A fixed-term agreement is a common type of employment agreement where the employee is hired for a specific duration of time, usually for a project, seasonal work, or to fill in for another employee on leave, among other reasons.

Question 5

The terminology "female wait staff" is proper when incorporated in a newspaper advertisement for an employment opening.

Accepted Answer

Using the term "female wait staff" can be considered discriminatory and limiting to potential applicants. It is recommended to use gender-neutral terms like "wait staff" or "servers."

Question 6

Matching
-Discrimination based on race, color, religion, sex, national origin, age, or disability that results from a practice that does not seem to be discriminatory and was not intended to be discrimina- tory.

Accepted Answer

Disparate impact refers to discrimination that results from a seemingly neutral practice or policy. It is unintentional, but still has a discriminatory effect on a protected group of individuals. This can apply to hiring, promotion, or any other area of employment.

Question 7

Matching
-Termination due to an employee's failure to perform the duties that a person in the industry
would ordinarily perform under similar circumstances.

Accepted Answer

This scenario describes a termination for "good cause," which is the reason most commonly cited by employers for ending an employee's job.

Question 8

Matching
-The use of laser and computer technology to evaluate an individual's biological predispositions,
based upon the presence of a specific disease-associated gene on an individual's chromosome.

Accepted Answer

Genetic testing is the use of laser and computer technology to evaluate an individual's biological predispositions, based upon the presence of a specific disease-associated gene on an individual's chromosome.

Question 9

Matching
-Testing to ensure that the applicant is capable of performing and qualified for the position.

Accepted Answer

Eligibility testing is the process of testing an applicant's qualifications and capabilities for a job position. This is done to ensure that the applicant is able to perform the required duties and is qualified for the position.

Question 10

Matching
-Steps to remedy past discrimination in hiring, promotion, etc.

Accepted Answer

Affirmative action is the most appropriate step to remedy past discrimination in hiring, promotion, etc. It is a policy or program that seeks to increase the representation of individuals from historically disadvantaged groups in employment, education, and other areas. It involves outreach efforts, targeted recruitment, and selection procedures that give preference to qualified members of underrepresented groups. Quotas or fixed-term agreements may be used as part of affirmative action programs, but should not be the only remedy. Ineligibility testing or genetic testing should not be used to remedy past discrimination as they can perpetuate discrimination. Bona fide occupational qualifications, disparate impact, and good cause are concepts that may be relevant to employment decisions, but do not address past discrimination. Eligibility testing and offer letters are common employment practices and not specific steps to remedy past discrimination.

Question 11

Affirmative action and employment quotas are synonymous.

Accepted Answer

Affirmative action refers to a range of policies and practices designed to promote opportunities for historically marginalized groups, including but not limited to employment quotas. Employment quotas are a specific type of affirmative action that requires employers to hire a certain number or percentage of underrepresented groups. However, not all affirmative action policies involve quotas.

Question 12

Affirmative action requires hiring quotas for women or minorities, to the exclusion of other qual-
ified employees, whether or not the minorities or women are qualified for the job.

Accepted Answer

This statement is false. Affirmative action does not require hiring quotas that exclude qualified employees. Rather, it requires employers to actively seek out and consider qualified women and minorities for employment opportunities, to ensure that their workforce reflects the diversity of the community. Quotas are not a required aspect of affirmative action programs.

Question 13

No reference to a "permanent" position or a specified period of employment should be included
in an offer letter.

Accepted Answer

Including a reference to a "permanent" position or a specified period of employment in an offer letter can create an unintended contract and unnecessarily limit the employer's ability to terminate the employee.

Question 14

Employers may not order a credit report on a job applicant.

Accepted Answer

Employers are legally allowed to order a credit report on a job applicant with written consent. However, some states have restrictions and require a valid reason for an employer to review an applicant's credit history.

Question 15

Matching
-A written offer of employment that verifies the terms agreed to by the employer and the prospec-
tive employee.

Accepted Answer

An offer letter is a written agreement that outlines the terms of employment for a prospective employee. It confirms the job offer and includes details such as job title, salary, start date, and any other agreements made between the employer and employee.

Question 16

The severability clause provides that if any portion of an agreement is determined to be unen-
forceable, the other portions of the agreement continue to be effective.

Accepted Answer

This statement accurately describes the purpose of a severability clause.

Question 17

Criterion-related validation is the most traditional type of test validation.

Accepted Answer

Criterion-related validation involves comparing test scores to some external criterion or outcome that the test is intended to predict, such as job performance. This type of validation is considered the most traditional method of test validation.

Question 18

Matching
-The strict numbers of women or minorities that must be hired to comply with affirmative action
requirements.

Accepted Answer

Quotas refer to the specific numbers of women or minorities that must be hired to comply with affirmative action requirements.

Question 19

Matching
-Tests such as the polygraph, drug and alcohol tests, and HIV testing, that search for disqualify- ing factors for employment purposes.

Accepted Answer

Ineligibility testing refers to tests that search for factors that may disqualify a person from employment, such as polygraph, drug and alcohol tests, and HIV testing.

Question 20

There is no legitimate reason for an employer to discriminate in hiring based on race, sex, or age.

Accepted Answer

The answer of There is no legitimate reason for an...

Quiz 2: Establishing the Employment Relationships

The employer cannot terminate an employee-at-will under a fixed term employment agreement.

Matching -An employer 's legitimate need to discriminate in hiring based on race, sex, or age.

Matching -An agreement that ends at the expiration of the term stated in the agreement.

A fixed-term agreement is the simplest and most often utilized type of employment agreement.

The terminology "female wait staff" is proper when incorporated in a newspaper advertisement for an employment opening.

Matching -Discrimination based on race, color, religion, sex, national origin, age, or disability that results from a practice that does not seem to be discriminatory and was not intended to be discrimina- tory.

Matching -Termination due to an employee's failure to perform the duties that a person in the industry would ordinarily perform under similar circumstances.

Matching -The use of laser and computer technology to evaluate an individual's biological predispositions, based upon the presence of a specific disease-associated gene on an individual's chromosome.

Matching -Testing to ensure that the applicant is capable of performing and qualified for the position.

Matching -Steps to remedy past discrimination in hiring, promotion, etc.

Affirmative action and employment quotas are synonymous.

Affirmative action requires hiring quotas for women or minorities, to the exclusion of other qual- ified employees, whether or not the minorities or women are qualified for the job.

No reference to a "permanent" position or a specified period of employment should be included in an offer letter.

Employers may not order a credit report on a job applicant.

Matching -A written offer of employment that verifies the terms agreed to by the employer and the prospec- tive employee.

The severability clause provides that if any portion of an agreement is determined to be unen- forceable, the other portions of the agreement continue to be effective.

Criterion-related validation is the most traditional type of test validation.

Matching -The strict numbers of women or minorities that must be hired to comply with affirmative action requirements.

Matching -Tests such as the polygraph, drug and alcohol tests, and HIV testing, that search for disqualify- ing factors for employment purposes.

There is no legitimate reason for an employer to discriminate in hiring based on race, sex, or age.