Deck 4: Legal Construction of the Employment Environment

Question 1

While interviewing Zarah Qazi for the post of marketing manager,the Vice President of Glowing Hair Products Inc.asks Zarah about the origin of her first name,if she is married,and if she plans to have children in the near future.Which of the following holds true in this scenario?

A) These questions are prohibited by federal law because they concern national origin, ethnicity, and marital status.
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 a risk of liability if all applicants are asked the same questions.
D) These questions are prohibited by federal law only when an employer is protected under the business necessity defense.

Answer 1

B
Explanation: The questions asked by the vice president of Glowing Hair Products Inc. are not prohibited by federal law but they could be used as evidence of discrimination because they are not job related. Questions regarding age, sex, religion, marital status, nationality, and ethnicity are not prohibited by federal statute, but they raise some dangerous issues and employers are strenuously advised to avoid them. If questions are not related and, even if the employer does not base its employment decision on the responses to these inquiries, the selection process results in a disparate impact against a protected group, the employer could be liable.

Question 2

In the absence of age as a bona fide occupational qualification (BFOQ),the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual ________ years of age or older.

A) 35
B) 40
C) 21
D) 70

Answer 2

B
Explanation: In the absence of age as a bona fide occupational qualification (BFOQ), the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual 40 years of age or older. All employers of 20 or more employees are subject to the Act.

Question 3

Defamation by an employer may exist in situations where the employer:

A) Subjects the employee to harm or loss of reputation as a result of false statements.
B) Negligently or intentionally communicates false statements to a third party without the employee's consent.
C) Makes false statements about the employee.
D) All of the above.

Answer 3

D
Explanation: Defamation may exist where the employer; 1) States false and defamatory words concerning the employee, 2) Negligently or intentionally communicates these statements to a third party without the employee's consent, 3) Thereby subjects the employee to harm or loss of reputation.

Question 4

Under common law,employers can be found liable for fraud in recruitment if they:

A) offer all candidates the same information about a position or their company.
B) allow an applicant to believe something about a job that they know is false.
C) use word-of-mouth recruiting to obtain new employees.
D) fill a job position by promoting from within the company.

Question 5

Federal statutes require that an employer document the reason(s)for failing to hire a specific applicant.

Question 6

Tests for ineligibility help an employer to determine whether a potential employee is capable and qualified to perform the requirements of the position.

Question 7

The Americans with Disabilities Act provides that individuals who currently use illegal drugs are considered individuals with disabilities.

Question 8

An employee who is subject to discipline has a right to request that a co-worker be present as a witness during an investigatory interview.

Question 9

Rhoda was hired as a jeweler's apprentice.She was told that during her first six months of employment she would not be eligible for any incentive pay.Upon her successful completion of the six-month period,Rhoda is to receive a 10% increase in pay,two weeks of paid vacation and will become eligible for incentive pay under the same terms and conditions as other employees.Rhoda's first six months were excellent,with Rhoda performing well above the minimum standards required.However,at the end of the six months,Rhoda did not receive the 10% increase in pay,was not eligible for incentive pay,and received only 3 days of vacation.Rhoda may have a cause of action against her employer for:

A) negligent hiring.
B) intentional (or at least negligent) misrepresentation.
C) non-statement of material facts.
D) defamation.

Question 10

Performance appraisal systems are an accepted method for employers to rank their employees,and do not lead to employer liability under any circumstance.

Question 11

An employer's statement that is not false,but creates a false impression can create liability for misrepresentation.

Question 12

During the hiring process,an employer may ask whether an applicant will need a reasonable accommodation during the hiring process.

Question 13

The Eating Club,a five-star restaurant,advertises a job in the local newspaper as "Waiters needed.Experience required.Must look good in tuxedo." Ella has had experience working for a five-star restaurant and believes that she will look good in a tuxedo.However,when she applies for the job,she is rejected.Which of the following is true in this scenario?

A) Ella has no basis for a cause of action against The Eating Club as Title VII of the Civil Rights Act does not cover discrimination in recruitment or hiring practices.
B) Ella has a cause of action against The Eating Club as the advertisement contains language that indicates a preference based on sex.
C) Ella has no basis for a cause of action against The Eating Club because it is a private company.
D) Ella has a cause of action against The Eating Club for imposing restrictions that are not job related.

Question 14

The Drug-Free Workplace Act of 1988 prohibits the drug testing of federal employees under all circumstances.

Question 15

An employer's use of a psychological test to help screen job applicants is acceptable so long as it is a widely-accepted psychological test.

Question 16

In Equal Employment Opportunity Commission v.Consolidated Service System,the defendant was a janitorial firm owned by a Korean immigrant and staffed mostly with Korean immigrants.The court disagreed with the Equal Employment Opportunity Commission (EEOC)and found that the defendant's use of word-of-mouth recruiting did not cause:

A) negligent misrepresentation.
B) intentional discrimination.
C) negligent hiring.
D) intentional retaliation.

Question 17

Which of the following is true of Title VII of the Civil Rights Act of 1964?

A) It does not regulate the recruitment process if an employer uses an employment agency.
B) It requires an employer to design employment announcements that will encourage a diverse group of people to apply.
C) It encourages an employer to use word-of-mouth recruiting to ensure that a heterogeneous workplace is created.
D) It cannot regulate the recruitment process if an employer promotes employees from within the organization.

Question 18

The employment relationship usually begins with hiring.

Question 19

During the interview process,questions about an applicant's marital status,religion,and national origin are prohibited by federal law.

Question 20

The Drug-Free Workplace Act of 1988 applies to private-sector employers.

Question 21

Each of the following is important to conduct an effective interview except:

A) the interview procedures must not discourage women, minorities, or other protected groups from continuing the process.
B) training of the interviewers is crucial to avoid biased questions, gender-based remarks, and unbalanced interviews.
C) interviewers should be consistent by asking every candidate on their marital status.
D) evaluation of the applicant after the interview should follow a consistent and evaluative process rather than reflect arbitrary and subjective opinions.

Question 22

Under the Americans with Disabilities Act of 1990,employers are strictly prohibited from asking job applicants with disabilities about:

A) past experience with workers' compensation.
B) the different languages they can read, speak, or write.
C) their experience working with a certain age group.
D) skills they acquired in their previous jobs.

Question 23

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

A) require all prospective employees to sign a statement that releases his or her former employers from liability for offering references.
B) obtain a right-to-sue letter from the Equal Employment Opportunity Commission on behalf of the former employers.
C) use the help of an unrelated third party to make background or reference checks.
D) limit the recruitment practices within an organization to word-of-mouth recruiting and internal promotions.

Question 24

Bob's Painting Service employed three temporary workers without conducting adequate background checks.One of the workers,Joe,was convicted of rape and had just been released from prison.While working for Bob,Joe attacks and rapes the owner of the house that was being painted.Which of the following claims can the victim make against Bob's Painting Service?

A) Defamation.
B) Negligent hiring.
C) Misrepresentation of facts.
D) Quackery.

Question 25

For an eligibility test to be legally validated as an effective gauge of performance,an employer must show that the test:

A) is job-related and consistent with business necessity.
B) allows the employer to use different cutoff scores.
C) disregards the theory of promissory estoppel.
D) is subjective but not based on job analysis.

Question 26

Which of the following is true of the Drug-Free Workplace Act of 1988?

A) It mandates drug testing for all private-sector employees before they can be hired.
B) It requires that employers provide reasonable accommodation to employees who have successfully completed a rehabilitation program.
C) It requires that federal contractors and grant recipients satisfy certain requirements designed to eliminate the effects of illicit drugs from the workplace.
D) It provides protection to federal employees against drug testing at the workplace under all circumstances.

Question 27

Title VII of the Civil Rights Act of 1964 permits the use of an employment eligibility test that may have a disparate impact on a protected class provided:

A) it is proved that the test has been professionally developed and it is not designed, used or intended to discriminate on the basis of membership in a protected class.
B) it is proved that the employer's efficiency concerns do not trump the individual's privacy interests.
C) the employer can show that the test evaluates factors that are not directly job related.
D) the employer can show that there was no invasion of privacy during the test.

Question 28

Information found on social media that might convince an employer that hiring a candidate would be a mistake includes all of the following except:

A) negative statements about a previous employer or co-worker.
B) information about alcohol or drug use.
C) photos from recent family vacations demonstrating the applicant's love of diverse activities.
D) cartoons or "funny" stories that seem discriminatory based on race, religion, gender, etc.

Question 29

Marilyn,who was employed at Quick Stop,was fired for allegedly stealing at work in spite of her denying the theft.Consequently,she failed to secure a job at Food Cloud after the hiring officer asked her why she was terminated from her previous job.If Marilyn decides to make a claim against Quick Stop,which of the following statements will hold true?

A) Marilyn does not have a cause of action against Quick Stop for defamation because Quick Stop is now her former employer.
B) Marilyn does not have a cause of action against Quick Stop for defamation because Quick Stop did not provide any information to Food Cloud.
C) Marilyn has a cause of action against Quick Stop for defamation because she was forced to repeat the defamatory remarks to her prospective new employer.
D) Marilyn has a cause of action against Food Cloud, and not Quick Stop, because the hiring officer at Food Cloud asked her a question that was not job related.

Question 30

Information found on social media that might influence an employer to hire a candidate includes all of the following except:

A) candidate is well-rounded, with a wide range of interests.
B) posts include suggestive or questionable photos.
C) evidence of good communication skills.
D) applicant's personality seems a good fit.

Question 31

Steve,the Human Resources Manager at Dusk Auto Services,is informed that Arthur,one of the contract-based mechanics,is HIV-positive.Upon asking,Arthur admits to it.Consequently,Arthur is terminated from his employment even though his condition did not affect the quality of his work.Which of the following holds true in this scenario?

A) Arthur's termination creates no cause of action against Dusk Auto Services for wrongful discharge as he is an employee-at-will.
B) Arthur's termination is not justified because Dusk Auto Services failed to conduct an HIV test before hiring him.
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 willfully inform his employer as required by the Act.

Question 32

Each of the following are permitted exceptions to the Genetic Information Nondiscrimination Act of 2008 (GINA)except:

A) Genetic information obtained as part of a wellness program that is voluntarily provided.
B) Family medical information obtained as part of the certification process for Family and Medical Leave (FMLA leave).
C) Genetic testing required to obtain health insurance coverage.
D) Genetic information available through publicly available documents like newspapers, etc.

Question 33

Which of the following causes an employer to be subject to a claim of negligent hiring?

A) Failure to conduct a reasonable and responsible background check on an employee.
B) Failure to provide a reference about a former employee.
C) Failure to use word-of-mouth recruiting to obtain new employees.
D) Failure to correct an employee's mistaken belief about a job or an organization.

Question 34

The Immigration Reform and Control Act (IRCA)of 1986:

A) protects U.S. citizens working for foreign employers outside the United States.
B) aims at increasing work opportunities that attract immigrants to the United States.
C) prohibits American companies from outsourcing their work to other countries.
D) condones discrimination against illegal aliens in recruitment.

Question 35

Some strategies an employer might use to check an applicant's references and avoid potential liability for negligent hiring include:

A) Contact the local police department for information on the applicant's arrest record.
B) Contact the reference by phone, e-mail or in person and request a general statement about whether the information provided by the applicant is correct.
C) Undertake independent checks on credit status, military service, driving record, etc.
D) Ask the reference specific questions about the candidate's abilities and qualifications.

Question 36

Each of the following can be considered misrepresentation by the employer in an employment process except:

A) withholding bits of information that may be important to the application.
B) misstatements are used to discourage an applicant from applying.
C) a statement that is not false, but creates a false impression.
D) statements about salary and benefits available to employees, even if that information changes before the employee is hired or otherwise qualifies.

Question 37

When evaluating applicants for a job,an employer should do all of the following except:

A) verify academic credentials (often they are misrepresented).
B) review the applicant's resume for conflicting or overlapping dates.
C) avoid the somewhat lengthy process of checking references since no one provides a "bad" reference.
D) verify leadership positions by Googling the organization involved.

Question 38

Each of the following statements evidences the issue of disparate treatment where a female employee is evaluated according to different criteria than a male employee,except:

A) Maintain more social grace
B) Use less profanity
C) Walk, talk and dress more like a "woman"
D) Take a graduate school course in economics

Question 39

All of the following are acceptable questions in an employment interview except:

A) Have you ever used another name?
B) What is your native language?
C) Can you lift a box weighing 50 lbs.?
D) Are you available to travel approximately 25% of the time?

Question 40

Tyler,an employee at All Needs,is accused of stealing several premium wristwatches by the store manager,Jeff.Tyler denies the allegation,claiming that he did not have a key to the case where the watches were kept.Jeff asks Tyler to take a polygraph test,which Tyler refuses.Jeff fires Tyler because he refused to take the polygraph test.Which of the following holds true in this scenario?

A) Tyler has a cause of action against All Needs for wrongful discharge because his refusal to take the polygraph test cannot be used as a basis for termination of his employment without more evidence.
B) Tyler does not have a cause of action against All Needs because refusal to take the polygraph test is valid grounds for discharge.
C) Tyler does not have a cause of action against All Needs because he is an at-will employee and can be fired for an unproven reason.
D) Tyler has a cause of action against All Needs only if he agrees to take the polygraph test and passes it.

Question 41

Discuss how the expectations of a "reasonable employer" may be changed or enhanced in an environment where access to information is increased due to use of the Internet.

Question 42

An employer has a policy in which it tries to correct an employee's negative behavior or poor performance on the job by providing the employee a fixed number of chances to improve his or her behavior.The employee is terminated only after all attempts have failed to improve his or her behavior.The policy is called ________.

A) disparate impact
B) progressive discipline
C) just cause
D) affirmative action

Question 43

Employer disciplinary systems:

A) must be more punishment-oriented than educational.
B) need not ensure that there is adequate evidence of whatever charge has been made against an employee.
C) must explore whether an employee has received due process.
D) need not provide an employee the opportunity to respond to the charges made against him or her.

Question 44

Rhonda is hired by Sandley Vacuum Sales as a door-to-door salesperson without conducting any form of background check.Rhonda has a record of physically assaulting people who displease her.On her first day of work,she physically assaults three women who decline to purchase her products after she spent over an hour trying to convince them to buy her products.If the victims sue Sandley Vacuum Sales,do they have a reasonable chance of prevailing?

Question 45

Describe the disparate treatment concerns when female employees are evaluated in accordance with a different criteria from those used with male employees.

Question 46

Jung,an Asian male employed as a project manager,receives his first performance appraisal.In the appraisal his supervisor states,"Compared to the other project managers,Jung falls below expectations in the performance of his job duties.He missed four out of six deadlines in the past year without justification.He needs to improve his time management skills." If the performance appraisal is reasonable and truthful,it subjects the employer to:

A) no liability, as this is just a case of disparate impact discrimination, which is not as severe as a case of disparate treatment.
B) a claim of failure to provide reasonable accommodation to an employee who is a member of a protected group.
C) a claim of bona fide occupational qualification under Title VII off the Civil Rights Act of 1964.
D) no liability, because the appraisal is not based on attributes such as national origin, age, or accent.

Question 47

An employee claiming that a performance appraisal resulted in disparate treatment must show that he or she:

A) was replaced by someone with higher qualifications.
B) has been working in the company for more than five years.
C) is a member of a protected class.
D) is not an at-will employee.

Question 48

Calvert City's police officers need to pass a test as a part of their performance evaluation to get promoted.It was recently discovered that female officers taking the test scored significantly lower than male officers.Thus,the number of female officers being promoted was much lower than the number of male officers being promoted.If it was not evident that the test was the cause for the bias,the city's decision would cause:

A) disparate treatment discrimination against male officers.
B) liability under bona fide occupational qualification.
C) liability under retaliatory discharge.
D) disparate impact discrimination against female officers.

Question 49

Discuss the factors that encourage workplace testing for ineligibility.What is the main criticism against polygraph testing?

Question 50

What is eligibility testing? Why are eligibility tests conducted?