Deck 4: Legal Construction of the Employment Environment

Question 1

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.

Answer 1

B
Explanation:Recruitment practices are particularly susceptible to claims of discrimination as barriers to equal opportunity. Statutes such as Title VII of the Civil Rights Act of 1964 and others require, in part, that an employer not only recruit from a diverse audience but also design employment announcements that will encourage a diverse group of people to apply.

Question 2

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.

Answer 2

B
Explanation:In Equal Employment Opportunity Commission v. Consolidated Service System, the district court found that the discrepancies were not due to discrimination and the circuit court agreed. In this disparate treatment case, the court basically said that just because the end result is completely askew, it cannot draw a conclusion that discrimination was involved.

Question 3

In the context of employee discipline,positive discipline involves counseling or other interventions that increase in severity or demands,rather than punishments.

Answer 3

True
Explanation:Progressive discipline involves a set of steps before a challenging employee will be terminated for poor performance. Positive discipline refers to a progressive discipline process that involves counseling or other interventions that increase in severity or demands, rather than punishments.

Question 4

An employer has the right to raise a question regarding gender in a job interview unless gender is a bona fide occupational qualification.

Question 5

An employer is required to lower quality standards or qualifications in order to accommodate an individual employee's or applicant's needs.

Question 6

A performance evaluation may be considered false where the rater does not include information that would explain or justify a poor appraisal.

Question 7

The Eating Club,a five-star restaurant,advertises for 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 holds 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 8

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

Question 9

In the context of employment discrimination,which of the following is true of the various recruitment practices?

A) An employer can create the most heterogeneous workplace by obtaining its new employees from referrals from within its own workforce or through word-of-mouth recruiting.
B) An employer can completely eliminate discrimination in employment by promoting from within the company.
C) A job advertisement that requests "recent college grads" is a neutral solicitation.
D) A process that could avoid a finding of disparate impact would be to post a notice of job position availability within an organization.

Question 10

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

Question 11

Content validation with regard to preemployment tests is based on a careful job analysis that identifies important tasks behaviors and knowledge that a job requires.

Question 12

Ira is hired as a financial analyst at BrickBridge Investors under the employment condition that for the first three months she will not be eligible for any incentives.Based on Ira's performance during this three-month period,the company will classify her as a permanent employee,raise her salary by 10 percent,and provide her share of incentives.However,even after Ira performs above the standard during the first five months at her job,the company refrains from acting accordingly to avoid certain costs.Thus,Ira can avail a cause of action for:

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

Question 13

Employers are more limited in inquiring about a job applicant's convictions relevant to the job than about arrest records.

Question 14

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

Question 15

While promoting from within an organization may raise employee morale and encourage loyalty,the strategy has the potential to lead to either a real or perceived lack of balance or discriminatory impact.

Question 16

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

Question 17

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.

Question 18

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 19

Federal statutes require that employers document the reasons for failing to hire any specific applicant.

Question 20

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 21

In the context of preemployment tests,construct validity is generally most useful when an employer is seeking to measure:

A) psychological characteristics.
B) motor skills.
C) demographic factors.
D) physical stamina.

Question 22

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 23

Which of the following statements is true of the federal Employee Polygraph Protection Act of 1988?

A) The Act allows private sector use of a polygraph test in selection and other employment situations.
B) The Act prohibits an employer from using, accepting, referring to, or inquiring about the results of any lie detector test of any job applicant or current employee.
C) The Act forbids employers involved in the manufacture, distribution, or dispensing of controlled substances from subjecting their employees to a polygraph test.
D) The Act requires an employer to offer some financial incentives to employees when they are asked to take a polygraph test.

Question 24

Which of the following is a purpose of the Drug-Free Workplace Act of 1998?

A) To protect federal employees against drug testing at the workplace under all circumstances.
B) To provide reasonable accommodation to employees who have successfully completed a rehabilitation program.
C) To assist working parents in keeping their children free from drugs.
D) To mandate drug testing for all private-sector employees.

Question 25

With regard to a workplace substance abuse program,which of the following is an effective practice?

A) Limiting employees' input when creating a drug policy.
B) Incorporating an employee education and awareness program.
C) Restricting the program to employees from a particular race or religion.
D) Including a drug-testing program irrespective of its appropriateness.

Question 26

Flamingo Builders wants to hire material handling laborers,a job that requires the ability to lift or move objects weighing up to 100 pounds.Derek,who is 5'10" tall and weighs about 140 pounds,applies for the job.Flamingo Builders tests Derek's psychomotor skills and physical stamina to see if he is capable of doing the job.In this scenario,Flamingo Builders is:

A) testing for ineligibility.
B) conducting a job analysis.
C) testing for eligibility.
D) conducting an economic realities analysis.

Question 27

To state a claim against an employer for negligent hiring of an employee,a plaintiff must show that:

A) the employee was inappropriate for the position assumed.
B) the employer was well aware of the employee's past.
C) he or she incurred damages of more than $25,000.
D) he or she belongs to a protected class.

Question 28

In a preemployment interview,an employer should avoid asking if an applicant or a potential employee:

A) is a citizen of the United States.
B) is flexible with working overtime.
C) uses different names for himself or herself.
D) speaks any other languages apart from English.

Question 29

Bob's Painting Service employs three temporary workers without conducting adequate background checks.It so happens that one of the workers,Joe,had been 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 30

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

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

Question 31

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 32

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 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 33

Good Fortune Bank employs Weber,who has been arrested four times and convicted twice of fraud,as a bank teller.He consistently underpays customers making large withdrawals and keeps the unpaid funds for himself.Later,when a customer attempts to recover her unpaid funds from Weber,she discovers that Weber is absconding.In this scenario,Good Fortune Bank will:

A) not incur any liability since it cannot be held responsible for the crimes of its employees.
B) not incur any liability since it will not be able to recover the money from 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 of negligent hiring.

Question 34

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 been used to discriminate.
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 35

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 36

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 37

Grisham,the owner of a distillery,uses drug and alcohol testing on job applicants to eliminate hiring poor performers and to reduce workplace injury.In this scenario,Grisham is said to be:

A) testing for ineligibility.
B) applying a test to measure psychomotor skills.
C) conducting an aptitude test.
D) measuring applicants' behavior.

Question 38

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 39

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 40

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 41

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 42

Jung,an Asian male employed as a project manager at a reputed company,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 has 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 43

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 44

Is a member of a protected class.

Question 45

What is word-of-mouth recruiting? How can disparate impact against employees arise while promoting from within the company?

Question 46

Suffered an adverse employment decision as a result of a performance evaluation.

Question 47

What is eligibility testing? Why are eligibility tests conducted?

Question 48

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 49

Was actually qualified to perform the responsibilities of the position.

Question 50

Was replaced by someone with similar qualifications who is not a member of a protected class.

Question 51

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.Do the victims who sue Sandley Vacuum Sales have a reasonable chance of prevailing?

Question 52

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

Question 53

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 54

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