Deck 7: Hiring and Promotion Decisions

Question 1

Because appearance skews so heavily in favor of attractive people, weight and appearance are protected categories in most jurisdictions.

Answer 1

False

Question 2

One of the grounds for recognizing BFOQs is privacy.

Answer 2

True

Question 3

Which of the following would NOT be considered a sex-plus policy issue?

A)hiring women only after they have gone through menopause
B)requiring men, but not women, over 40 years old to have annual physicals
C)hiring male newlyweds but not hiring female newlyweds
D)asking men and women about childcare arrangements during a pre-employment interview

Answer 3

D

Question 4

A BFOQ may be recognized in all of these situations EXCEPT when:

A)there is a need for privacy
B)there are public health concerns
C)to make a performance authentic
D)there is a preference for a certain gender

Question 5

Which of the following is most likely a proper application of a BFOQ?

A)transferring pregnant women out of a department that worked with chemicals known to be harmful to a fetus
B)not hiring women for the night shift because the factory is in a very dangerous part of town and the company parking lot requires a ½ mile walk to the site
C)requiring airline pilots to retire at 60 years old
D)requiring all airline employees to retire at 60 years old

Question 6

Promissory estoppel claims:

A)arise when employment contracts are breached
B)require evidence of intent to deceive
C)require reasonable reliance on a clear promise
D)arise whenever a promise is made

Question 7

Which of the following statements is NOT true as to discrimination against caregivers? ​

A)sex stereotyping is a common form of discrimination against caregivers
B)the EEOC has highlighted the issue of discrimination against caregivers
C)"caregiver" is a new protected class under EEOC guidelines
D)disparate treatment is the most common form of discrimination against caregivers

Question 8

Regarding subjective criteria, which of the following statements is NOT true?

A)Subjective criteria often operate on "gut" instinct.
B)Subjective criteria may be responsible for discriminatory decisions
C)An assessment of motivation is not a subjective criterion.
D)An assessment of "soft skills" is likely subjective

Question 9

The bona fide occupational qualification (BFOQ)defense:

A)applies to intentionally discriminatory policies but not to neutral policies that result in discrimination
B)permits race or color to be used as selection criteria, but only under circumstances where employers can make a very strong case for why that is necessary
C)is the only means by which employers can avoid liability for facially discriminatory policies or practices
D)is never effective against a claim of racial discrimination

Question 10

Which of the following statements is most correct regarding the interviewing process: ​

A)the degree of subjectivity in interviewing applicants tends to be low
B)the use of a structured interview may provide more uniform results, and fewer charges of discrimination
C)the degree of subjectivity in interviewing applicants tends to be uniform
D)interviewers generally know when they are responding negatively based on stereotypes

Question 11

Which of the following is FALSE regarding grooming and appearance standards for employees?

A)applying different standards to men and women may result in sex-plus discrimination
B)standards that are sex-stereotypical in nature are likely to be discriminatory
C)dress requirements that result in harassment are likely to be discriminatory
D)applying different standards to men and women will result in sex-plus discrimination

Question 12

Trends in jobs and hiring criteria raise new legal questions because:

A)increased emphasis on "soft skills" that are assessed subjectively limits employment opportunities for people of color
B)increased emphasis on flexible job descriptions and teamwork limits employment opportunities for older workers
C)increased emphasis on organization-fit limits employment opportunities for disabled persons
D)increased emphasis on hiring those with international experience limit applicant pools

Question 13

"Glass ceilings":

A)are primarily a problem for women rather than people of color
B)have been the focus of enforcement actions by the OFCCP
C)are primarily a problem in the financial sector
D)no longer exist

Question 14

Even though an applicant is qualified, an interviewer can defeat a claim of disparate treatment if he declines to hire based on his subjective judgment.

Question 15

The machinery in a plant is old and was designed for use by an "average-sized male." Citing safety concerns, the company hires only average-sized males for jobs working in the plant. If a female applicant for a job at the plant is not hired and sues, a court would most likely rule that: ​

A)the employer violated Title VII by facially discriminating based on sex ​
B)the employer violated Title VII by not attempting to accommodate women so that they could work in the plant
C)the employer violated Title VII because the selection criterion of size has an adverse impact on women and is not job related and consistent with business necessity
D)the employer did not violate Title VII because the employer could establish a BFOQ based on its safety concerns
E)the employer did not violate Title VII because any adverse impact its hiring criterion created was justified as job related and consistent with business necessity

Question 16

For both public and private employers, affirmative action plans are subject to strict scrutiny.

Question 17

The use of subjective criteria by employers:

A)is legal as long as the criteria can be systematically measured and quantified
B)tends to result in the hiring of fewer African-Americans and Latinos
C)requires a formal validation study to be conducted if the criteria produce an adverse impact

Question 18

Althea interviewed, was hired, and received a contract of employment in writing. Aside from wages and start date, what is the next most important thing for her to look for in the contract? ​

A)whether the contract was reviewed by lawyers
B)whether employment at will applies
C)whether the contract specifies benefits
D)when she will be eligible for vacation

Question 19

In Lewis v. Heartland Inns of America , a front desk worker was fired following complaints by one manager that her dress style was "more masculine," and that she had "an Ellen DeGeneres kind of look." If she sues, the court will most likely decide:

A)for Heartland Inn, because plaintiff did not prove that she was treated differently than similarly situated males
B)for Heartland Inn because Lewis did not comply with the Heartland dress code
C)for Lewis because of the manager's personal bias toward her
D)for Lewis because the kind of sex stereotyping she encountered constituted sex discrimination

Question 20

Regarding promotions, which of the following would NOT constitute good information and advice for managers? ​

A)assessing who is eligible for a promotion may begin with the jobs to which people are assigned when they are hired
B)training and development programs should be developed, and made available to all
C)since not all are qualified to be promoted, it is not advisable to post or announce possible promotion opportunities; rather one should advise only the people who may be qualified
D)one should consider applications for promotion from all who are interested, even if they do not appear to qualify.

Question 21

What rules and procedures should employers establish with regard to interviews of job applicants? ​

Question 22

Your firm has been repeatedly accused of discrimination, and your boss, knowing that you just graduated from college with a degree in Management, and a certificate in Human Resources Management, has asked you to review the company's practices and procedures with regard to hiring and promotion, and eliminate those that could lead to discrimination. Which of the following practices would NOT be likely lead to discrimination?

A)evaluating candidates based upon technical skills (70%)and interviews (30%)
B)having the interviewers meet as a group to "coordinate" their interview scores
C)weighting the answers to some questions over others
D)all of these actions would likely lead to discrimination

Question 23

Your firm has been wanting to hire another engineer for some time, and your supervisor has just made an offer to someone from out of state. The hiree is in the process of selling his house, and moving his family to your city. But you are well aware that the economic downturn has sharply curtailed business, and you don't see how the current level of business can support another engineer. In fact, you are all a little concerned about layoffs.  You know that your supervisor also knows all of this, but he has told you that he won't withdraw the offer until he absolutely has to. By that time, the hiree may well have sold his home and moved his family, but have no new job with your firm.  If the offer is withdrawn under these circumstances, and the hiree sues, which causes of action, if any, might be successful?

A)breach of contract and promissory estoppel
B)promissory estoppel and fraud
C)fraud only
D)breach of contract only

Question 24

You are the manager of your division at a large technology firm, and have been waiting to get approval to hire a new person. You have someone in mind: your long-time friend and college roommate, who you know would be a terrific fit with your team. But you are also aware that the company wants to increase its diversity, especially with regard to women.  You worry about this, since your team is all male, and adding a woman would change the dynamics considerably. You've now advertised the new position, as required, and the two best candidates are your friend, and a Latina woman you have never met before. Neither candidate has met your team. Of the following, which would be the best decision? ​

A)hire your friend; you know he'll fit with the current team ​
B)hire the woman; the firm will be happy that you've improved diversity
C)have both candidates meet with your team, each one separately, and get their input on the candidates; then decide based on their preference
D)have both candidates meet with your team, each one separately, and get their input on the candidates; then make the decision on your own, objectively

Question 25

With regard to the situation in preceding question, which of the following practices would you recommend to help avoid discrimination, and what is the basis for your recommendation?

A)have the interviewers interview the candidates at the same time, to reduce differing opinions
B)do not allow the interviewers to change their scores developed during the interview, as this will remove score manipulation
C)continue to weight the answers to those questions which are more important, because this is necessary to acquiring compatible workers, and does not discriminate

Question 26

Why is each of the following good legal advice? ​
a.Rather than use protected class characteristics to identify persons with desired abilities, employers should find more individualized means of assessing job-related abilities.
b.Employers must not exclude older employees from safety-sensitive jobs based on assumptions about health status, unless there is evidence that older employees pose greater risk and it is not feasible to adequately assess the health of individuals.
c.Employers must not establish employment requirements that apply to one protected class group but not others.
d.Employers should give substantial weight to subjective assessments only if they are specific and clearly grounded in statements or actions of job candidates.
e.Employers should, with the help of legal counsel, put employment offers in writing.