Question 1

Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act requires that:
A) all employers adopt a drug-free workplace policy
B) employers with drug policies inform their employees about the dangerous associated with drug use
C) employers with drug policies provide counseling and rehabilitation
D) employers with drug policies advise employees about the potential penalties for drug violations

Accepted Answer

A

Question 2

As a new manager, you are delighted with your new job (and higher pay), but now it s time for the annual performance appraisals of the staff you supervise. Worse, you have been directed to downsize your department by 10%. Many of your colleagues have offered you advice as to how to proceed. Among the following, which would NOT be good advice?
A) use a forced distribution method of performance appraisal, which will help you achieve a 10% cut in department staff easily, and avoid legal claims
B) as you conduct the performance appraisals, speak gruffly to each employee, in order to prepare them for possible termination
C) make clear that no matter how well they have done their jobs, it is no guarantee that they will survive the cut; don t allow or answer any questions
D) none of these would be good advice
E) all of these would be good advice

Accepted Answer

Using a forced distribution method of performance appraisal is not a good idea as it does not focus on individual performance and can lead to demotivation and legal claims. Speaking gruffly to employees and not allowing any questions would create a negative and hostile work environment, causing stress and anxiety among employees. Making it clear that job security cannot be guaranteed is important, but it should be done in a respectful and transparent way, along with providing support and guidance to help employees improve their performance. The best approach would be to conduct fair and objective performance appraisals, provide constructive feedback, and offer support and resources to help underperforming employees improve. When making the cuts, the focus should be on non-performing employees rather than just achieving a predetermined target.

Question 3

Regarding performance appraisals, which of the following statements is NOT true?
A) courts will review contested performance appraisals to determine whether or not they are correct
B) negative performance appraisals, by themselves, do not prove discrimination
C) employees who conduct performance appraisals should be trained in how to conduct them
D) a biased negative appraisal may constitute disparate treatment
E) none of the above

Accepted Answer

Courts generally do not review performance appraisals unless there is a legal claim related to the appraisal process, such as discrimination or retaliation. Otherwise, performance appraisals are generally considered within the discretion of the employer.

Question 4

The forced distribution method of performance appraisals:
A) require that predetermined percentages of employees be placed into particular performance categories
B) often require that employees in the lower performance categories are subject to termination or are ineligible for bonuses and raises
C) may lead to claims of age, race or sex discrimination
D) all of these

Accepted Answer

The forced distribution method of performance appraisals requires predetermined percentages of employees to be placed into particular performance categories, often leading to employees in the lower performance categories being subject to termination or ineligible for bonuses and raises. This method may also lead to claims of age, race or sex discrimination.

Question 5

Which of the following is NOT true regarding performance criteria and standards?
A) There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available
B) They must be applied consistently regarding employees, department and sections within the organization
C) They must be job related
D) They must be specific and objective

Accepted Answer

It is important that performance criteria and standards are communicated to employees prior to the appraisal of their performance, even if a job description is available. This helps employees understand what is expected of them and ensures that they have the opportunity to meet these expectations.

Question 6

Which of the following statements regarding the timing of performance appraisals is true?
A) a negative performance appraisal given shortly before layoffs or terminations appears to be pretext
B) a negative performance appraisal given shortly after an employee has filed a charge against the employer appears to be retaliation
C) a positive performance appraisal given just prior to salary review may be grounds for raising an employee s salary
D) all of these are true

Accepted Answer

All of these statements are true.

A negative performance appraisal shortly before layoffs or termination may be seen as a pretext for firing the employee, as it could be argued that the negative review was given as a way to justify the termination.

A negative performance appraisal given shortly after an employee has filed a charge against the employer may be seen as retaliation, as the negative review could be interpreted as punishment for filing the charge.

A positive performance appraisal just before a salary review may be a factor in determining whether an employee deserves a raise, as it reflects positively on the employee's performance.

Question 7

You are the crew supervisor of a group of men and women who clean offices for commercial office buildings in downtown Manhattan. Few of them speak or read English, and part of your job is to give them their instructions in Polish and Spanish, as the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a highly effective, but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment, and requires complex and special handling. You re not even sure you could explain the instructions to the Spanish-speaking employees, let alone the Polish employees. You ve raised the issue with your boss, who tells you not to worry about it. He said that even if the employees became ill by using the product, the illness would not show up for a long time, so there s no way to connect it with the firm. He refuses to provide instructions translated into Spanish and Polish, or latex gloves which are required for its handling. You have a choice. You know that some actions would put your employer first, some would put yourself first, and some your crew. Of the following actions, which would put your crew first?
A) Do nothing. The decision is out of your hands.
B) Try the best you can to explain to your crew, using gestures and pantomiming, how to use the new cleaning agent, and recommend that they get gloves. Hope that no one becomes ill.
C) Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don t want the consequences that might befall your crew on your conscience.
D) Report the firm anonymously using the OSHA hotline. Quit and get another job.

Accepted Answer

Getting a translation of the complex instructions into Spanish and Polish and paying for it oneself shows a genuine concern for the safety of the crew. It also ensures that they have accurate information on the proper handling of the toxic cleaning agent. Reporting the firm anonymously through OSHA hotline and quitting may also be an option, but it may not directly address the safety concerns of the crew. Option B may not provide enough information to the crew on the proper handling of the new cleaning agent, and doing nothing (Option A) may result in serious consequences for the crew.

Question 8

The forced distribution method regarding performance appraisals consists of:
A) setting a schedule mandating when particular departments or divisions would be evaluated over an extended period of time
B) evaluating protected classes within departments separately so that consistency within these groups can be maintained
C) requiring that predetermined percentages of employees be placed into particular performance categories
D) banding of performance appraisal results to create equality and negate the effect of statistical inconsistencies in the evaluation itself which might have led to potential discrimination

Accepted Answer

The forced distribution method involves requiring predetermined percentages of employees to be placed into particular performance categories, such as a certain percentage being ranked as "top performers," a certain percentage as "average," and a certain percentage as "underperforming." This method is controversial as it can lead to a lack of flexibility in evaluations and potentially limit the growth and development of employees.

Question 9

In Metty v Motorola, , a high-level manager consistently received positive performance reviews from her immediate supervisor for four years. She earned bonuses, salary increases, and was promoted to the senior leadership team. Some criticisms were made of her interpersonal relations with others, but these were not emphasized. After a change in management, top managers grew more critical of her. She was passed over for promotion, the promotion being given to a male with less experience. Responsibilities were taken away, and she was dropped from the senior leadership team. A new (never-again used) 9-point rating system was used, on which she earned the lowest possible score. The CEO said he wanted her out legally, and asked How do we explain this to a jury? Managers explained there was little support for her among them, and she did not fit. She sued for sex discrimination. On appeal, the court ruled:
A) for the employer, finding that the employee had failed to meet performance requirements
B) for the employer, finding that the employee was not discriminated against
C) for the employee, finding that she had met all performance standards, while the complaints against her were mostly subjective
D) for the employee, finding that she was entitled to the promotion she had sought

Accepted Answer

The employee consistently received positive performance reviews for four years, earned bonuses, salary increases, and was promoted to the senior leadership team. Although there were some criticisms of her interpersonal relations, these were not emphasized. After a change in management, top managers grew more critical of her and implemented a never-again used 9-point rating system on which she earned the lowest possible score. However, the court found that she had met all performance standards, while the complaints against her were mostly subjective. Therefore, the court ruled in favor of the employee, finding that she had been a victim of sex discrimination. The court ruled in favor of the employee, finding that she had met all performance standards and the complaints against her were mostly subjective. The fact that she received positive performance reviews, bonuses, salary increases, and a promotion to the senior leadership team for four years indicates that she was meeting expectations. The change in management and increased criticism without clear reasoning or evidence to support it suggests discriminatory motives. The use of a new rating system, which was never used again and on which she received the lowest score, further supports this conclusion.

Question 10

The most common performance criteria used includes all of these EXCEPT:
A) punctuality
B) quality of work
C) willingness to work two jobs
D) leadership
E) all of these are commonly used

Accepted Answer

Willingness to work two jobs is not a common performance criteria used in most workplaces. The other options are commonly used to assess employee performance.

Question 11

In Hoffman v. Caterpillar , a disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed. The court held:
A) Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory
B) The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine
C) The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job
D) all of the above
E) none of the above

Accepted Answer

The answer of In Hoffman v. Caterpillar , a disabled...

Question 12

You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated. The employee was the sole African-American customer service representative at the firm, who had a lengthy record of good evaluations. However, she received more negative evaluations over a period of three years after a new supervisor was hired, though the more stringent requirements applied to her were not applied to white employees. After 3 years, the employee was then selected for termination in a downsizing based on the previous 3 years evaluations. Based on this evidence, what should you decide?
A) you should grant summary judgment for the employer because the termination was based on performance appraisals rather than race
B) you should grant summary judgment for the employer because a discrimination claim based on performance appraisals going back three years was no longer timely
C) you should allow the employee to go to trial because African-Americans disproportionately received low performance ratings in this company
D) you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee s race
E) none of the above

Accepted Answer

Based on the evidence presented, it is possible that the employee's performance evaluations were tainted by her race, as she was given more stringent requirements that were not applied to white employees. Therefore, it would not be appropriate to grant summary judgment for the employer. The fact that the employee received more negative evaluations over a period of three years also suggests that there may have been discrimination at play. As a result, it would be best to allow the employee to go to trial to further investigate whether the termination was based on performance appraisals that were tainted by consideration of the employee's race. The evidence presented suggests that the employee received more negative evaluations than white employees and that the termination was based on evaluations that may have been tainted by race. Therefore, allowing the employee to go to trial would be the appropriate decision to further explore whether discrimination played a role in the termination.

Question 13

Under the ADA, performance appraisals for disabled persons:
A) cannot hold disabled persons to the same standards of performance as non-disabled persons
B) cannot consider any difficulties performing non-essential job functions
C) should assess job performance both with and without any reasonable accommodations
D) are not permitted because of the inherent disadvantage that certain disabled employees have when compared to non-disabled employees

Accepted Answer

The answer of Under the ADA, performance appraisals for disabled...

Question 14

In question # 3 above, evidence is introduced that the statute of limitations for filing an EEOC claim is 300 days in the state where the case was filed. Since the performance appraisals which were allegedly tainted by race were issued more than 300 years before the case was filed, the employer moves to dismiss the case, arguing that the statute of limitations has passed, the case has been filed too late. Based on this evidence, what should you decide?
A) the case should be dismissed because the statute of limitations has passed, and the case was filed too late
B) the case should be dismissed because the tainted evaluations triggered the employee s right to file a cause of action, and the case should have been filed within 300 days of the first tainted performance appraisal
C) the Motion to Dismiss should be denied because the employee s right to file a cause of action accrued when she was terminated, and not when a tainted performance evaluation was created
D) the Motion to Dismiss should be denied because the case of a termination based on tainted performance evaluations may be filed at any time

Accepted Answer

The right to file a cause of action typically accrues at the time of termination, not when the performance evaluation was created.

Question 15

Regarding the language to be used in performance appraisals:
A) the language, if negative, should be as forceful as possible to convey the negative evaluation
B) should be measured and professional, whether conveying a positive or negative appraisal
C) should use common terms, and pleasant language, so as to avoid claims of defamation
D) none of these

Accepted Answer

Performance appraisals should always be measured and professional, whether conveying a positive or negative appraisal. Using forceful or overly negative language could lead to demotivation or even legal issues, while using overly positive language can distort the assessment and make it less useful for the employee's development. Using common and pleasant language is also important, but not at the expense of accuracy and professionalism.

Question 16

Which of the following is true regarding performance appraisals?
A) most employers are legally required to conduct performance appraisals
B) employers may appraise some employees randomly and not others
C) performance appraisals are key pieces of evidence in many discrimination cases
D) an inaccurate performance appraisal, standing alone, always creates liability for the employer

Accepted Answer

Performance appraisals can provide evidence of discrimination if they are not conducted properly or are biased in nature. This is why it is important for employers to ensure that their appraisal process is fair and not discriminatory. However, not all employers are legally required to conduct performance appraisals and it is not necessary to appraise employees randomly. An inaccurate performance appraisal may not always create liability for the employer, as long as the employer took reasonable steps to ensure accuracy and fairness in the appraisal process.

Question 17

A 360 degree appraisal:
A) is conducted by the employee s superior and that superior s superior
B) is comprehensive and appraises performance, attitude and potential in a single evaluation
C) is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised
D) is an appraisal that consists of a required number of positive and negative performance ratings (i.e. three best and three worst attributes) in various performance proficiencies

Accepted Answer

A 360 degree appraisal involves gathering feedback from multiple sources, including other employees at different levels and stakeholders who interact with the employee being appraised. This allows for a comprehensive assessment of the employee's performance, attitude, and potential. It is not conducted solely by the employee's superiors, nor does it require a set number of positive and negative ratings.

Question 18

OSHA s hazard communication standard requires:
A) specific content and methodology regarding the training of employees in hazards that they might reasonably encounter on the job
B) that employers maintain material safety data sheets for all hazardous chemicals used in the workplace
C) that employers provide employees with information about evacuation routes and other emergency procedures
D) all of the above
E) none of the above

Accepted Answer

The answer of OSHA s hazard communication standard requires:
A) specific...

Question 19

Under Title VII, in cases of discrimination, punitive damages are:
A) available for intentional or unintentional discrimination resulting from ordinary negligence when an employer has violated an employee s federally protected right
B) available only for intentional discrimination resulting from mere indifference when an employer has violated an employees federally protected right
C) available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right
D) not allowed or available

Accepted Answer

Punitive damages are only available for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employee's federally protected right under Title VII. This means that the employer acted with knowledge that their actions would harm the employee's rights and deliberately disregarded that risk. Ordinary negligence or mere indifference is not enough to warrant punitive damages.

Question 20

Performance appraisals:
A) should cite specific instances of good or bad performance
B) should never contain language strongly criticizing an employee s performance
C) should consist primarily of numerical ratings because these are more objective
D) all of the above
E) none of the above

Accepted Answer

Performance appraisals should cite specific instances of good or bad performance in order to give employees a clear understanding of what behaviors are expected of them and where they need improvement. This helps to make the appraisal process more objective and meaningful for both the employee and the supervisor. Strong language criticizing performance should be avoided, but constructive feedback is important for growth and improvement. Numerical ratings can be a helpful tool, but they should not be the sole basis for evaluation without including specific examples and feedback.

Quiz 16: Performance Appraisals, Training, and Development

Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act requires that:

Regarding performance appraisals, which of the following statements is NOT true?

The forced distribution method of performance appraisals:

Which of the following is NOT true regarding performance criteria and standards?

Which of the following statements regarding the timing of performance appraisals is true?

The forced distribution method regarding performance appraisals consists of:

The most common performance criteria used includes all of these EXCEPT:

In Hoffman v. Caterpillar , a disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed. The court held:

Under the ADA, performance appraisals for disabled persons:

Regarding the language to be used in performance appraisals:

Which of the following is true regarding performance appraisals?

A 360 degree appraisal:

OSHA s hazard communication standard requires:

Under Title VII, in cases of discrimination, punitive damages are:

Performance appraisals: