Question 1

To date, no state has enacted a law prohibiting genetic testing in the workplace.

Accepted Answer

Some states in the U.S. have enacted laws that restrict or prohibit genetic testing in the workplace to protect employees' privacy and prevent discrimination.

Question 2

Margo, an African American female, applied for a job as a drug and alcohol counselor with Roderick County. She was told she had to pass an exam to be considered for the position. The exam tested math and reading proficiency. Margo did not pass the exam and was not hired, despite having worked for 10 years as a drug and alcohol counselor in another county. African American applicants passed the exam at a significantly lower rate than White and Asian applicants. Margo has a claim for

Accepted Answer

Margo has a claim for disparate impact discrimination because the exam had a disproportionate impact on African American applicants. The fact that African American applicants passed the exam at a significantly lower rate than White and Asian applicants suggests that the exam was not job-related and had a discriminatory impact on African American applicants. Disparate treatment discrimination would require evidence that the County intentionally discriminated against Margo based on her race, which is not apparent from the given facts.

Question 3

Bob's Painting Service hired 3 temporary workers through Deb's Temps. Bob didn't ask if back ground checks had been done on the employees. Deb did not check the criminal records for the workers hired by Bob. One of the workers, Joe Herrington, had been convicted of rape and had just recently been released from prison. While working for Bob, Joe attacked and raped the owner of the home that was being painted. The owner sued Bob.

Accepted Answer

While Bob hired the workers through Deb's Temps, he still has a responsibility to ensure that adequate background checks have been performed on the temporary workers. Negligent hiring can make an employer like Bob liable for damages caused by their employees.

Question 4

An employer can be subjected to liability for defamation for including false and defamatory statements in an employee's performance appraisal if that information is communicated to a third party and it harms the employee's reputation.

Accepted Answer

Defamation occurs when false and harmful statements are communicated to third parties, causing harm to a person's reputation. If an employer includes false and defamatory statements about an employee in their performance appraisal and that information is communicated to a third party, the employer can be held liable for defamation. It is important for employers to ensure that performance evaluations are accurate and not based on false or defamatory statements.

Question 5

Woodberry Furniture Industries was accepting applications for employment. The application included a question asking whether the applicant had ever filed a workers compensation claim and a question asking if the applicant had a disability.

Accepted Answer

According to the Americans with Disabilities Act, employers cannot ask about an applicant's disability or prior workers compensation claims on the application. This information can only be asked after the employer has made a conditional job offer. Asking such questions on the application can be seen as discriminatory and may discourage qualified candidates from applying.

Question 6

A workplace substance abuse program should incorporate:

Accepted Answer

A workplace substance abuse program should incorporate all of the above-mentioned factors to be effective. A written abuse policy that has been drafted after input from employees will ensure that employees know the workplace norms and can avoid violations. An employee education and awareness program will educate and encourage employees to recognize, prevent and cope with substance abuse issues. A supervisory training program will guide supervisors on how to address substance abuse problems within the workplace.

Question 7

Marilyn was employed at the Quick Stop. She was fired for allegedly stealing from the cash draw. Marilyn denied taking the money. She applied for another position at the local Food Mart. When asked why she left her last job, she explained that her manager fired her for stealing; however, she continued to deny stealing the money. Marilyn did not get the job at the Quick Mart. She contacted a lawyer to discuss her options.

Accepted Answer

Marilyn may have a cause of action for defamation against Quick Stop because she was forced to repeat the defamatory remarks to her prospective new employer, which could have harmed her reputation and job prospects. The fact that Marilyn disclosed the allegations to her prospective employer does not necessarily negate any potential harm to her reputation caused by the original defamatory statement made by the manager at Quick Stop. Additionally, the fact that the manager at Quick Stop might have provided the information if asked for a reference is not necessarily relevant to the question of whether the original statement was defamatory.

Question 8

Reducing workplace injury, deterring poor performance, and reducing employers' legal and financial liability are reasons employers use

Accepted Answer

Reducing workplace injury, deterring poor performance, and reducing employers' legal and financial liability are reasons employers use eligibility testing.

Question 9

The Americans with Disabilities Act requires employers to engage in affirmative action in order to accommodate the needs of qualified, disabled employees.

Accepted Answer

The Americans with Disabilities Act requires employers to provide reasonable accommodations for qualified individuals with disabilities, but it does not mandate affirmative action.

Question 10

Glowing Hair Products, Inc. interviewed Andaleeb Fayad for the position of Marketing Manager. During the interview, the vice president for marketing asked Ms. Fayad about the origin of her first name, if she was married and if she planned to have children.

Accepted Answer

These questions are not directly prohibited by federal law, but they could be used as evidence of discrimination if they are not related to the job and could indicate bias based on national origin, marital status, or gender.

Question 11

Content validation is based on a careful job analysis that identifies important tasks behaviors, and knowledge that the job requires.

Accepted Answer

Content validation is a process of validating the content of an assessment test or survey by examining the construct that it measures. It is based on a thorough job analysis that identifies the important tasks, behaviors, and knowledge that the job requires. This analysis ensures that the content is relevant, job-related, and appropriate for the intended audience. Therefore, the statement is true.

Question 12

The Drug-Free Workplace Act of 1988 authorized drug testing of federal and state employees and private sector employers who have 25 or more employees.

Accepted Answer

The Drug-Free Workplace Act of 1988 applies to federal contractors and grantees, not state employees or private sector employers with 25 or more employees.

Question 13

An employer can be liable for negligent performance evaluation if he/she fails to use reasonable care in conducting a performance evaluation.

Accepted Answer

An employer can be held liable for negligent performance evaluation if he/she does not exercise reasonable care in conducting a performance review. This includes providing inaccurate, misleading, or unfair feedback, as well as failing to identify and address performance issues. Negligent performance evaluations can lead to legal action and damages, particularly if the employee experiences adverse employment consequences as a result.

Question 14

Employers should not ask about gender on an application unless the information is necessary for a bona fide occupational qualification.

Accepted Answer

This is to prevent discrimination based on gender and to ensure equal opportunity for all applicants. Questions about gender should only be asked if it is relevant to the job requirements, such as for a role that involves providing personal care services to individuals of a specific gender.

Question 15

If an employer relies only on ________ to meet its hiring needs, it may be subject to a claim of disparate impact discrimination.

Accepted Answer

If an employer relies only on word-of-mouth recruiting, venue recruiting, and walk-in applications to meet its hiring needs, it may be subject to a claim of disparate impact discrimination. This is because these methods of recruitment may have a disparate impact on certain protected groups, such as minorities and women.

Question 16

Prita has worked for Milton Publishing, a large publishing company for 15 years as a staff editor. She is contacted by Sonnet Publishing, a small publishing company. Sonnet would like Prita to interview for a job opening. During the interview, the CEO of Sonnet offers Prita the Chief Editor position at $200,000 more per year than her current salary. This is a significant promotion for Prita, so she accepts the new job. After three months on the job, the CEO announces that the company will be closing. Prita learns that the CEO knew when he offered her the job that the company would be going out of business, but the company only needed her to complete projects Sonnet was contractually obligated to complete before closing its doors. Prita has

Accepted Answer

Prita has a cause of action for fraud because the CEO of Sonnet knowingly misrepresented the nature of the job offer to Prita in order to induce her to accept the job. The CEO knew that the company was going to close, but did not disclose this information to Prita, who relied on the misrepresentation in accepting the job. This amounts to fraud.

Question 17

The Fair Credit Reporting Act requires that employers obtain written authorization from applicants before obtaining their credit reports.

Accepted Answer

The Fair Credit Reporting Act does require employers to obtain written authorization from applicants before obtaining their credit reports.

Question 18

Federal law requires that employers document the reasons for failing to hire a specific applicant.

Accepted Answer

Federal law does not require employers to document the reasons for failing to hire a specific applicant. However, they are required to avoid discrimination against protected groups and provide a legitimate, non-discriminatory reason for their hiring decision if challenged.

Question 19

Title VII exempts professionally developed employment eligibility tests from claims of disparate impact discrimination as long as the test is not designed to discriminate against a member of a protected class.

Accepted Answer

Title VII does provide an exemption for professionally developed employment eligibility tests from claims of disparate impact discrimination as long as the test is not designed to discriminate against a member of a protected class.

Question 20

Regarding ineligibility testing, an employer may establish

Accepted Answer

An employer may establish mandatory testing, probable cause testing, and random testing as part of their ineligibility testing procedures.

Quiz 4: Legal Construction of the Employment Environment