MANG 5470 Test 2
You have just concluded an employment interview with an applicant you like, who is qualified for the inside sales job you have been interviewing for, and have made a conditional offer of employment. You tell the applicant that you want her to take a medical exam, and if she passes, she has the job. She is at first obviously happy and seemingly relieved, but then breaks down in tears. She tells you that a medical will show that she is HIV positive. What should you do? a. Tell her not to worry, and that if she otherwise passes the medical exam, she has the job b. Tell her that you're sorry to hear about her affliction, and obviously, you cannot hire her c. Report her to the County Health authorities d. none of these
a. Tell her not to worry, and that if she otherwise passes the medical exam, she has the job
A school district had to decide which of two equally qualified, equally senior employees to lay off. Invoking its affirmative action plan, the district retained an African-American and laid off the white teacher. The court would rule that: a. Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions b. Title VII was violated because diversity is not a compelling government interest necessitating consideration of race c. Title VII was not violated because using race as a "tie-breaker" is a lawful form of affirmative action d. Title VII was not violated because the school district demonstrated that the layoff was the only way to maintain a faculty that reflected the racial composition of the student body e. Title VII was not violated because the layoff was only temporary and did not excessively burden the white teacher
a. Title VII was violated because there was no evidence that African-Americans were underutilized as teachers and affirmative action cannot be used to make layoff decisions
xxIn Everson v. Michigan Department of Corrections, the defendant claimed that hiring only female Corrections and Residential Housing Unit Officers was justified as a BFOQ. The court: a. agreed based on prisoner's privacy concerns b. agreed based on prisoner's preference concerns c. disagreed based on perceived security concerns d. disagreed because there were reasonable alternatives shown that would allow both men and women to perform the officer positions without adversely affecting the institution or the prisoners
a. agreed based on prisoner's privacy concerns
A valid background check should NOT include: a. checking an applicants marital status b. verifying an applicants military service c. checking an applicants driving record d. verifying an applicants degrees and/or licenses e. none of the above may be validly inquired into
a. checking an applicants marital status
Content validation studies: a. examine whether behaviors and skills tested closely represent behaviors and skills used on the job b. examine test items to ensure that they measure what they purport to measure and do not include irrelevant or biased questions c. demonstrate a statistical association between test performance and job performance d. all of the above e. none of the above
a. examine whether behaviors and skills tested closely represent behaviors and skills used on the job
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 persons 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. all of the above e. none of the above
a. increased emphasis on "soft skills" that are assessed subjectively limits employment opportunities for persons of color
Regarding Affirmative Action plans, which of the following is true? a. it may be used to remedy a "manifest imbalance" b. the imbalance must meet the four-fifths rule c. the imbalance must have resulted from past discrimination d. all of these are true
a. it may be used to remedy a "manifest imbalance"
Under the Fair Credit Reporting Act, employers must do which of the following? a. notify an applicant that the employer plans to reject her based on information from a credit report b. obtain the consent of an applicant before conducting any background check c. verify that the information in a credit report reasonably appears to be accurate d. all of the above e. none of the above
a. notify an applicant that the employer plans to reject her based on information from a credit report
Employers must show that a test is job related and consistent with business necessity: a. only if the test is having discriminatory effects b. any time that a test is used c. only if content validity cannot be established d. none of the above
a. only if the test is having discriminatory effects
Consent decrees: a. sometimes require affirmative action as a part of the settlement in a discrimination case b. are issued by judges after a jury verdict following a lawsuit c. require employers to agree to hire specified numbers of women and/or persons of color d. all of the above e. none of the above
a. sometimes require affirmative action as a part of the settlement in a discrimination case
In M.P. v. City of Sacramento, a 24-year-old woman working as a photographer attended the "Porn Star Costume Ball." A firefighter captain attended, and allowed other firefighters to attend, drive their trucks to the event, and "pick up" women. Some of the firefighters were on duty, and some were drinking. This was not the first time firefighters had been allowed to bring their fire trucks to bars and parties. The woman was asked to take pictures of the firefighters in the truck, and two of them (one of whom was on duty) sexually assaulted her. She sued, contending that the City of Sacramento was liable for the assault against her. The court ruled: a. the city was not liable because under California law, a public employee who commits a sex crime on duty is not acting within the scope of employment, so that the employer is not vicariously liable b. the city was liable because under California law, a public employee who commits a sex crime on duty is acting within the scope of employment, so that the employer is vicariously liable
a. the city was not liable because under California law, a public employee who commits a sex crime on duty is not acting within the scope of employment, so that the employer is not vicariously liable
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
a. the employer violated Title VII by facially discriminating based on sex
When individual job titles are listed for each department in order of pay level and demographic information is provided for each job, this is called a/an: a. workforce analysis b. organizational profile c. job group analysis d. organizational display
a. workforce analysis
Your friend and former college roommate, David, has just been hired to manage a small, family-owned business because the owner has fallen ill, and none of his children are yet ready to assume leadership of the business. David has hiring and firing authority (except for the owner's children), and wants to expand and diversify the sales staff, by hiring women and persons of color. There are 3 openings. What would be your best advice to him to accomplish his goals? a. David should hire the only qualified women and/or persons of color, in order to achieve diversity b. David should prepare an affirmative action plan, after doing a self-analysis which establishes an underutilization of women and persons of color in the relevant labor market, and then advertise the open positions c. David should hire the first qualified candidates he finds, regardless of gender or race d. none of these would be good advice
b. David should prepare an affirmative action plan, after doing a self-analysis which establishes an underutilization of women and persons of color in the relevant labor market, and then advertise the open positions
While doing a background check on a candidate who is superbly qualified for the sales job for which he has applied, you learn that he was dishonorably discharged from the U.S. Army. When you ask him about it, he explains that he was 18 years old at the time, and the death of his father, whom he had only recently met, had a devastating impact on him. He began to drink to excess, often failed to report to his duty station. After his dishonorable discharge, he righted himself, started working, and got counseling. Everyone at your firm who has interviewed him found him to be very personable, and very able, and they're eager for him to start. You've told them about the dishonorable discharge, and it's made no difference to their decision. Should you tell other employees about the dishonorable discharge? a. Yes b. No
b. No
Which of the following is a law requiring certain employers to engage in affirmative action? a. Title VII of the Civil Rights Act b. The Rehabilitation Act c. California's Proposition 209 d. all of the above e. none of the above
b. The Rehabilitation Act
You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects. A new company offering a pre-employment test has given you a sample of their test, which they tell you has had great success in screening to acquire only honest employees. Applicants are to agree or disagree with several statements, including this one: "I believe God wants us to conduct ourselves with honesty in all things, including at work." Which of the following statements is most correct? a. The test will have no discriminatory effect, and will successfully screen for honest employees b. The test may have a discriminatory effect, and should not be used c. You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it d. none of these
b. The test may have a discriminatory effect, and should not be used
The Fair Credit Reporting Act refers to which two kinds of reports? a. a consumer credit report, which reports only credit-worthiness, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like b. a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like c. a fair credit report, which guarantees accuracy, and a character reference report, based on personal interviews of neighbors, colleagues, and the like
b. a consumer credit report, which reports credit information and general character information, and an investigative report, which reports the results of interviews with neighbors, colleagues, and the like
Which of the following is not considered to be a reasonable part of a valid affirmative action plan? a. all employment test scores are validated b. a stated plan to hire a particular number of black, white, male, female...etc. employees in order to remedy an existing imbalance or injustice c. wide communication of job availability d. active enforcement of anti-discrimination policies e. active enforcement of anti-harassment policies
b. a stated plan to hire a particular number of black, white, male, female...etc. employees in order to remedy an existing imbalance or injustice
"Reverse" discrimination means: a. establishing quotas for the hiring of women and persons of color b. disparate treatment c. disparate impact d. none of these
b. disparate treatment
The Drug Free Workplace Act of 1988 requires that: a. employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace c. employers must terminate all employees who are found more than once to be using drugs in the workplace d. all of the above e. none of the above
b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace
Which of the following is considered a medical exam under the ADA? a. drug test b. genetic test c. physical fitness/agility test d. vision tests for ability to read or recognize objects e. none of the above
b. genetic test
"Glass ceilings": a. are primarily a problem for women rather than persons of color b. have been the focus of enforcement actions by the OFCCP c. are primarily a problem in the financial sector d. all of the above e. none of the above
b. have been the focus of enforcement actions by the OFCCP
Which of the following is true regarding medical exams under the ADA? a. all medical exams must be voluntary b. medical exams conducted following conditional offers of employment are unrestricted in scope c. only if an employee's condition makes him a direct threat to himself or others can he be denied an employment opportunity based on a medical exam d. people who are disabled or look disabled may be singled out to receive medical exams based on their condition e. none of the above
b. medical exams conducted following conditional offers of employment are unrestricted in scope
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 e. none of these
b. promissory estoppel and fraud
The Immigration Reform and Control Act: a. requires that employers not hire or employ aliens b. requires that employers not discriminate based on national origin and citizenship c. allows employers to hire an unlimited number of foreign nationals under the H-1B visa program d. all of the above e none of the above
b. requires that employers not discriminate based on national origin and citizenship
You've now been on the job for a few months in your role as Assistant Human Resources Director, and have acquired some experience in interviewing and background checks. While doing a background check on a candidate for a secretarial position, you discover that the candidate was arrested several years ago while in college, and accused of damaging university property. What should you do? a. disqualify the candidate for unfitness b. talk to the candidate to find out what the report is all about c. disregard the report, as it's an arrest, and not a conviction d. none of these
b. talk to the candidate to find out what the report is all about
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 adverse impact d. all of the above e. none of the above
b. tends to result in the hiring of fewer African-Americans and Latinos
In order to prove that underutilization exists, it must be shown: a. by the four-fifths rule, that women or persons of color are disproportionately absent from a position b. that women or persons of color are underrepresented in the employer's workforce relative to their availability in the relevant labor market c. that intentional discrimination is the reason that women and persons of color are not adequately represented in the employer's workforce d. all of the above e. none of the above
b. that women or persons of color are underrepresented in the employer's workforce relative to their availability in the relevant labor market
In Johnson v. Transportation Agency, Santa Clara County, a female employee was promoted to the position of road dispatcher, despite the fact that a male candidate had scored two points higher on an interview. The county had an affirmative action plan and the plan was taken into account in making the promotion decision. The Supreme Court ruled that: a. the employer did not violate Title VII because it had an affirmative action plan requiring it to hire a woman for the position b. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way c. the employer violated Title VII because, despite its affirmative action plan, it was not free to hire a less qualified candidate because of her sex d. the employer violated Title VII because there was no evidence of underutilization of women in the county workforce, requiring affirmative action e. none of the above
b. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way
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
b. the use of a structured interview may provide more uniform results, and fewer charges of discrimination
Court-imposed affirmative action is: a. common b. uncommon c. non-existent; all affirmative action is voluntary d. none of these
b. uncommon
Vietnam era veterans are included as a protected group under affirmative action: a. when employers enter into federal contracts or subcontracts worth $10,000 or more b. when employers enter into federal contracts or subcontracts worth $25,000 or more c. when employers enter into federal contracts or subcontracts worth $50,000 or more d. automatically in any federal contract regardless of size
b. when employers enter into federal contracts or subcontracts worth $25,000 or more
In order to avoid liability for negligent hiring, the primary question an employer must consider is: a. whether the employer's own written hiring policies are adequate b. whether placing an unfit person in the particular job could be expected to result in harm c. whether there is evidence of a candidate's unfitness that could be found through a thorough personal interview with the applicant d. all of the above e. none of the above
b. whether placing an unfit person in the particular job could be expected to result in harm
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
c. "caregiver" is a new protected class under EEOC guidelines
xxA female teacher who worked for a school district alleged that she was discriminated against and denied tenure because she was a young mother who her superiors felt could not do a good job and be a good mother simultaneously. a. the teacher was successful because they proved that in the year Back was hired, 85% of the teachers employed were women and 71% of these women had children b. the school district was successful because Back did not prove or even allege that males with children were treated more favorably than she was treated c. Back was successful because a jury could find that the justifications for the negative tenure recommendation and evaluation offered by Back's superiors were pretextual and that discrimination was a motivating factor for the negative recommendation d. Back was successful because Hastings did not establish that not having young children was a legitimate BFOQ for her administrative position
c. Back was successful because a jury could find that the justifications for the negative tenure recommendation and evaluation offered by Back's superiors were pretextual and that discrimination was a motivating factor for the negative recommendation
You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You've just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger, dripping the blood sample onto a tab, and mailing it in to a lab. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs. What should you do? a. Order a gross of the genetic testing kits as soon as possible. b. Call the company attorney to ask how you could test the entire staff without their knowledge c. Throw the mailer in the trash; it's use in this context would be illegal d. none of these
c. Throw the mailer in the trash; it's use in this context would be illegal
Regarding drug tests: a. the employer must perform a second confirmatory test if requested by the employee b. the employer must allow the employee access to samples so that the employee can have her own test done c. a and b d. none of the above; if the test is done by an independent certified laboratory and there is no evidence that the test was compromised or invalid, the original test is all that needs to be done
c. a and b
For union employers, drug testing is: a. prohibited b. permitted only under certain conditions c. a subject of mandatory bargaining d. none of these
c. a subject of mandatory bargaining
To survive a constitutional challenge, a public employer's affirmative action plan that uses racial preferences must: a. explain why the racial inequities occurred b. be permanently implemented c. be narrowly tailored d. be approved by Congress e. all of the above
c. be narrowly tailored
To determine if a test is having discriminatory effects: a. see if the number of women and persons of color hired is at least four-fifth's of the number of white males hired b. see if the proportion of women and persons of color hired is roughly equal to the proportion of women and persons of color in the relevant labor market c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifth's of the pass rate for the most successful group d. compare the number of persons from different protected class groups that pass the test and see if the number of persons passing for any group is less than four-fifth's of the number for the most successful group e. examine the individual test questions looking for evidence of bias
c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifth's of the pass rate for the most successful group
In Lanning v. SEPTA, female applicants for transit police jobs failed the physical fitness test at a much higher rate than male applicants and were rarely hired. The major conclusion to be drawn from this case is that______: a. employers should reasonably accommodate women when conducting physical fitness tests b. if physical fitness tests are professionally developed, they will usually not produce discriminatory effects c. cut-off scores on physical fitness tests should reflect the minimum level of physical ability needed to successfully perform the job d. employers must not establish different cut-off scores for men and women on physical fitness tests e. none of the above
c. cut-off scores on physical fitness tests should reflect the minimum level of physical ability needed to successfully perform the job
Which of the following is true regarding criminal background checks? a. an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does checks for some types of jobs but not for others b. a thorough criminal background check is required only when the applicant will be working with money c. employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis d. all of the above e. none of the above
c. employers should consider the seriousness, recentness, and job-relatedness of convictions before denying employment on that basis`
Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act? a. employers must verify a person's eligibility to work in the United States before the new employee begins work b. employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States c. if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee d. employees must present certified copies of whatever documents they use to verify eligibility to work e. all of the above
c. if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee
Your firm's lunchroom has been a congenial gathering place for employees while they are taking their lunch breaks, but lately, lunches that employees have brought from home and put into the refrigerator in the morning have disappeared by lunch time. This has happened several times, and the employees have now started to accuse one another of stealing lunches. Morale has fallen, and you must do something. Of the following, which is your best option? a. conduct polygraph tests of all of the employees b. conduct polygraph tests of all employees who use the lunchroom c. install a video camera, and train it on the refrigerator in the lunchroom d. prohibit use of the refrigerator by anyone
c. install a video camera, and train it on the refrigerator in the lunchroom
The bona fide seniority system (BFSS) defense: a. applies to facially discriminatory policies or practices b. will not succeed if it results in the limitation of employment opportunities for lower seniority women or persons of color c. is one of two statutory defenses to discrimination charges included in Title VII d. all of the above e. none of the above
c. is one of two statutory defenses to discrimination charges included in Title VII
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. all of the above e. none of the above
c. is the only means by which employers can avoid liability for facially discriminatory policies or practices
Which of the following is NOT true regarding the Employee Polygraph Protection Act? a. it applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs b. it only applies to private sector employers but not to governmental agencies c. it prohibits the use of polygraphs by private sector employers for any reason d. it does not apply to, or prohibit, pencil and paper honesty tests
c. it prohibits the use of polygraphs by private sector employers for any reason
Negligent hiring: a. makes employers liable for harm that occurs when employees act within the scope of their employment b. makes employers liable for any harm that is caused by their employees c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment d. all of the above e. none of the above
c. makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment
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. all of the above e. none of the above
c. require reasonable reliance on a clear promise
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. all of the above e. none of the above
c. requiring airline pilots to retire at 60 years old
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.
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
In D.D.N. v. FACE, a music-festival organizer hired a man who had a conviction for criminal sexual assault without doing a background check. The man was hired to be "camping staff, front." He was given a "staff" T-shirt, and a wristband that gave him access to all parts of the concert venue. He sexually assaulted a concert-goer, and she sued for neghligent hiring. Although the hiring manager acknowledged an increased risk of sexual assault in that venue, the employer argued that they owed her no duty, and her injury was not foreseeable. The court ruled that: a. the employer was liable under respondeat superior because the assault occurred on concert grounds, and was carried out by a management-level employee b. the employer was liable for negligent hiring because employers are legally obligated to perform criminal background checks and contact references for all persons hired c. the employer was liable for negligent hiring because sexual assault was an increased risk in this venue, it was foreseeable that an unfit person hired as for this position could harm others, and the employer failed to conduct an adequate background check d. the employer was not liable for negligent hiring because even if it had undertaken a more thorough background check, clear evidence of unfitness for the job was not available e. none of the above
c. the employer was liable for negligent hiring because sexual assault was an increased risk in this venue, it was foreseeable that an unfit person hired as for this position could harm others, and the employer failed to conduct an adequate background check
Written affirmative action plans, submitted to the OFCCP, are required of contractors or subcontractors: a. with 10 employees and $10,000 in federal contracts b. with 25 employees and $25,000 in federal contracts c. with 50 employees and $50,000 in federal contracts d. with 100 employees and $100,000 in federal contracts e. none of the above, all companies doing federal contract work must have written affirmative action plan that is submitted to the OFCCP
c. with 50 employees and $50,000 in federal contracts
Mike is the chair of the management department at a local university and Tom is an ethics professor in that department. They dislike each other immensely due to a number of professional and social disagreements. Mike calls Tom into his office and closes the door. He then informs Tom that he believes that Tom is guilty of plagiarism and also guilty of an improper sexual relationship with Kathy, a 19 year old management student. In fact, Tom is a happily married man who is extremely well respected in the community and has never committed adultery. Deeply believing in ethics, he has never committed plagiarism in his life. Furthermore, he has always been absolutely professional with regard to his student Kathy. Tom vehemently denies these charges and as he gets up to leave, Mike states, "Give me any more trouble and I go public." Tom goes right to his attorney who files a defamation law suit that afternoon. a. Tom will win because the statements are both lies, challenging his integrity and character b. Tom will win because his reputation has been damaged c. Mike will win because as chair, he has a qualified privilege to make these types of statements d. Mike will win because the statements were not published
d. Mike will win because the statements were not published
Which of the following is an element necessary to establish the existence of a contract? a. a written document signed by both parties and reviewed by lawyers b. a written document signed by both parties and whether reviewed by lawyers or not c. face to face negotiations over contract terms d. a clear offer and acceptance of the offer
d. a clear offer and acceptance of the offer
A criterion validation study must: a. be based on a thorough job analysis b. include a representative sample c. demonstrate a statistical association between test performance and job performance d. all of the above e. none of the above
d. all of the above
Which of the following is a defense to a defamation claim against an employer? a. the employee gave his consent to make the statement b. the statement was within the employer's qualified privilege c. the statement was truthful d. all of the above e. none of the above
d. all of the above
Which of the following is true regarding HIV tests? a. they must not be given until after a conditional offer of employment has been made b. forced testing of public employees will usually violate the Constitution c. it will usually not be legal to deny an employment opportunity based on the fact that a job candidate or employee has tested positive d. all of the above e. none of the above
d. all of the above
Which of the following is true regarding grooming and appearance standards for employees? a. applying different standards to men and women does not automatically constitute 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. all of the above e. none of the above
d. all of the above
Which of the following steps could an employer take that would help to eliminate possible claims of defamation? a. obtaining a signed consent from a former employee, authorizing the employer to provide information about her job performance b. negotiating an agreed letter of reference for an employee who is leaving c. giving only information that verifies that the former employee worked for the employer, the rate of pay, and the dates of employment d. all of these
d. all of these
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 likely lead to discrimination? a. evaluating candidates based upon technical skills (30%) and interviews (70%) 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 would likely lead to discrimination e. none of these would likely lead to discrimination
d. all of these would likely lead to discrimination
"Knowledge" as an element of the tort of negligent hiring, means that: a. the employer knew the employee was unfit b. the employer should have known the employee was unfit c. the employer would have known the employee was unfit if it had done an appropriate background check d. any of these might constitute such "knowledge" e. none of these constitutes such "knowledge"
d. any of these might constitute such "knowledge"
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 e. none of the above
d. asking men and women about childcare arrangements during a pre-employment interview
Which of the following statements is most correct about the legality of drug testing? a. drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs b. drug testing will usually not be upheld if it is legally challenged c. drug testing will be upheld for private sector employees, but not for public employees d. drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge
d. drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge
Drug testing may include samples of all of the following EXCEPT: a. blood b. saliva c. hair d. fingernails
d. fingernails
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
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
Drug testing laws, both state and federal, require that: a. employers use due care in conducting tests and handling samples b. employers refrain from drug testing unless required by law c. employers routinely drug test all employees d. none of these
d. none of these
In Lomack v. City of Newark, the newly elected mayor decided to eliminate all single-race fire companies to improve morale. Dozens of firefighers were involuntarily transferred based on their race, and several sued, alleging a violation of Title VII. At the time, the city was operating under a consent decree requiring that it undertake certain measures to hire minority firefighters. What did the court decide, and what was its reasoning? a. because of the consent decree, the city was compelled to diversify its fire companies, so the transfers complied with affirmative action, and did not violate Title VII b. because its overall goal was to treat all firefighters equally, the transfers did not violate Title VII c. even though the consent decree required certain affirmative steps to hire minority firefighters, it was permissible under Title VII d. the decisions to transfer were based on race, in violation of Title VII, and the consent decree did not require or condone such transfers
d. the decisions to transfer were based on race, in violation of Title VII, and the consent decree did not require or condone such transfers
A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant. If the waitress sues the employer, a court would most likely decide that: a. the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday b. the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person c. the employer is not liable for negligent hiring because the employee did not assault the waitress on company property d. the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job e. none of the above
d. the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job
About half of the states have drug testing laws, some of which: a. prohibit blood testing b. require testing of certain employees, or under certain conditions c. regulate more fully random drug testing d. all of these e. all of these except a
e. all of these except a
Your company sells office supplies, and your CEO has finally succeeded in acquiring a contract to provide supplies to the federal government for the next year. This is a huge client for your company, worth in excess of $3 million dollars. Aside from increasing purchasing and production, what does your company need to do? a. agree to hire a certain percentage of persons of color and women before the contract takes effect b. prepare an affirmative action plan c. not discriminate in your workplace d. all of these e. b and c
e. b and c
After three weeks in your new position as Assistant Human Resources Director, the HR Director has asked you to take a candidate all the way through the process, from application to interview, to background check. The firm has an opening for an electrical engineer who is proficient with construction blueprints. The engineer will be helping to build the company's new warehouse, which is about to begin construction. Which of the following steps would be necessary to take during the background check? a. do a thorough criminal background check through all 50 states b. check to see that the applicant has a degree in electrical engineering c. check references at the applicant's former places of employment d. all of these e. b and c only
e. b and c only
Your firm's contract to sell office supplies to the federal government requires that you hire only subcontractors who agree not to discriminate, and include a nondiscrimination clause in their contracts with you. You've done a thorough investigation of the firms out there who could fulfill your needs for particular office supplies, and there is one who is significantly less expensive than all of the others. However, that firm has a well-known reputation for discriminating against African-Americans. Your profit margin is already quite small for this project, and you worry about making any money at all. Which of the following is/are acceptable option(s), and why? a. hire the firm that's cheaper, even though they discriminate, because they'll agree to put the clause in their contract, and that's all you need; besides, you can't afford to lose the government business b. don't hire the firm that's cheaper, because it would disqualify your firm from the government contract if the government found out c. talk to the firm that's cheaper, and try to persuade them to actually comply with a non-discrimination standard; then monitor the situation to ensure that they do, because its in both your interests d. negotiate with other, non-discriminating suppliers on their prices to see if you can match the price of the discriminating supplier e. b, c and d
e. b, c and d
Affirmative action: a. is primarily applied to hiring decisions b. is limited to African-Americans and women c. includes any formal or informal efforts to improve the employment opportunities of African-Americans and women d. all of the above e. none of the above
e. none of the above
Which of the following statements is NOT true? a. Employers must always perform a criminal background check before hiring an employee b. Employers must always conduct a thorough and comprehensive background check of every applicant c. Employers must obtain an applicant's consumer credit report d. all of these are true e. none of these is true
e. none of these is true
Affirmative action may be used on behalf of all of the following groups EXCEPT: a. African-Americans b. women c. Pacific Islanders d. disabled persons e. none; affirmative action may be used for all of these groups
e. none; affirmative action may be used for all of these groups
With regard to the situation in # 18, above, which of the following practices would you recommend to help avoid discrimination, and what is the basis for your recommendation? a. change the weight given to the evaluation of candidates to rely more heavily on technical skills than on the interview, because this would make the assessment more objective 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 d. all of these would help avoid discrimination e. only a and b would help avoid discrimination
e. only a and b would help avoid discrimination
In Sigal Construction v. Stanbury, a project manager sued because statements made by his former employer in the course of providing a reference untruthfully minimized his abilities. The court ruled that: a. the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual b. the employer did not defame the former employee because he had consented to having information about him shared with the prospective new employer c. the employer did not defame the former employee because the statements, although harsh, were truthful d. the employer defamed the former employee because statements made in references are not subject to qualified privilege e.the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made
e.the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made
In Reilly v. TXU Corp, an employee sought promotion to manager. Requirements for the job included a graduate business degree and 5 to 7 years of sourcing-related experience. The employee met the requirements, and received the highest score on a panel interview. Shortly after, the promoting manager received an inquiry from an African American woman. The HR Department determined that the woman was qualified, even though she did not have 5 years of sourcing experience. She received the promotion, and the employee sued. Which of the following statements is true? a. the African-American woman was qualified, and met the requirements for the position b. the hiring manager's decision may have been influenced by the fact that she was in charge of the firm's diversity program, but had no minority employees working for her c. the employee and the African-American woman scored similarly on the interview d. all of the above e. none of the above f. b and c only
f. b and c only
