Study Activity for Module 4

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

***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. A process that could avoid a finding of disparate impact would be to post a notice of job position availability within an organization. A job advertisement that requests "recent college grads" is a neutral solicitation. An employer can completely eliminate discrimination in employment by promoting from within the company.

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. Group of answer choices

40

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

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

Bob, the Human Resources Manager at Eager Beaver 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?

Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job.

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

Bob has a cause of action against Iguana Timepieces for wrongful discharge because his refusal to take the polygraph test cannot be used as the basis for termination of his employment.

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

Bob may have a cause of action against Quick Panda Stop for defamation because he was forced to repeat the defamatory remarks to his prospective new employer.

An employee disputing the performance appraisal also may prove a case using the disparate treatment analysis first articulated in Lockheed v. Brown.

FALSE

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

FALSE

Due to the right-to-work doctrine, a company representative who makes an intentional or negligent misrepresentation that encourages an applicant to take a job will not be liable to that applicant even if harm results.

FALSE

For all newly hired workers, within 3 days, the employer must verify employment eligibility by completing federal form H2-17. (Source: SG)

FALSE

If an employee or applicant is pursuing or has successfully completed a rehabilitation program and demonstrates that she or he has a disability based on prior use, she or he is covered by the Americans with Disabilities Act and therefore entitled to reasonable accommodation.

FALSE

Pre-employment questions should be uniformly asked of all applicants.

FALSE

Though employers may not ask about an applicant's disability, employers may ask about an applicant's workers' compensation claims with previous employers.

FALSE

¨Credit reports frequently contain errors and inconsistencies. (Source: SG)

FALSE

Four-fifths rule is the presumption of discrimination where the selection rate (for any employment decision) for the protected group is less than 50 percent of the selection rate of the non-minority group. (Source: SG)

FALSE, 80%

The Employee Advocates Truth Protection Act (EATPA) provides that an employer may not discharge, discipline, discriminate against, or deny employment or promotion to any prospective or current employee who refuses, declines, or fails to submit to a lie detector test; the EATPA does permit employers to discharge employees who fail such a test.

FALSE, Employee Polygraph Protection Act (EPPA)

An employee disputing the performance appraisal also may prove a case using the disparate treatment analysis first articulated in Lockheed v. Brown.

FALSE, Hill v. Lockheed Martin Logistics

An employer is liable for discriminatory hiring where an employee causes harm that could have been prevented if the employer had conducted a reasonable and responsible background check on the employee.

FALSE, NEGLIGENT HIRING

¨Texas state law limits the use of credit reports in an employer's hiring process. (Source: SG)

FALSE, NO FOR TEXAS

Objective criteria rely heavily on intuition and gut feelings and are likely to vary across decision-makers. (Source: SG)

FALSE, Subjective criteria

Word-of-mouth recruiting usually results in a diverse workplace.

FALSE, does not increase diversity

Employer disciplinary systems should provide employees with due process.

FALSE, employer discretion

E-Verify is a federal program that verifies the results of drug tests of employees and applicants. (Source: SG)

FALSE, for employment not drug tests

Employers may use "race norming" to adjust scores for certain protected class members based on the overall performance of the protected class on the test. (Source: SG)

FALSE, may not use race norming to adjust scores

If an employee or applicant is pursuing or has successfully completed a rehabilitation program and demonstrates that she or he has a disability based on prior use, she or he is covered by the Americans with Disabilities Act (ADA) and therefore entitled to reasonable accommodation.

FALSE, no accommodations

Texas has enacted a law regulating employer access to the social media accounts of employees and job applicants. (Source: SG)

FALSE, not in TEXAS

¨Drug tests searching for illegal substances are medical exams. (Source: SG)

FALSE, they are not medical exams

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

Failure to conduct a reasonable and responsible background check on an employee.

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

False

The Americans with Disabilities Act provides that individuals who currently use illegal drugs qualify as individuals with disabilities.

False

A "diamond ceiling" consists of"those artificial barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing in their organization into upper management positions." (Source: SG)

Glass Ceiling

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

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

Pierre's Fine Steaks, a five-star restaurant, advertises for a job in the local newspaper as "Waiters needed. Experience required. Must look good in tuxedo." Mary 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?

Mary has a cause of action against Pierre's Fine Steaks for imposing restrictions that are not job related. Mary has no basis for a cause of action against Pierre's Fine Steaks as Title VII of the Civil Rights Act does not cover discrimination in recruitment or hiring practices. Mary has no basis for a cause of action against Pierre's Fine Steaks because it is a private company. Mary has a cause of action against Pierre's Fine Steaks as the advertisement contains language that indicates a preference based on sex. ***

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?

Negligent hiring

A polygraph test measures three physiological indicators of arousal: rate and depth of respiration, cardiovascular activity, and perspiration.

TRUE

An employer is liable for the tort of irresponsible hiring where an employee causes harm that could have been prevented if the employer had conducted a reasonable and responsible background check on the employee.

TRUE

An employer may ask the applicant about his ability to do the job and ask him to demonstrate how he would do it. (Source: SG)

TRUE

Before they can work in the U.S., foreign nationals who do not have permanent resident status must obtain a visa permitting them to work in the U.S. (Source: SG)

TRUE

Business necessity is an element of the plaintiff's disparate impact claim.

TRUE

Construct validity is an approach that is generally most useful when an employer is seeking to measure a psychological characteristic such as reasoning ability, introversion (a personality characteristic), and leadership behaviors.

TRUE

Employment eligibility tests may include intelligence tests, tests of physical stamina, eye exams, tests for levels of achievement or aptitude, or tests for the presence of certain personality traits.

TRUE

Grooming standards that prohibit beards may have a disparate impact on African American men suffering from pseudofolliculitis barbae (a painful skin condition that causes beard hair to grow inward if shaved). (Source: SG)

TRUE

In the hiring process, veteran or active duty military status may be taken into account as a special preference. (Source: SG)

TRUE

Ineligibility testing refers to tests that an employer administers to ensure that the potential employee is capable and qualified to perform the requirements of the position.

TRUE

One of the the Immigration Reform and Control Act's purposes is to eliminate work opportunities that attract illegal aliens to the United States.

TRUE

Proactive discipline involves a set of steps before an employee will be terminated for poor performance.

TRUE

Regressive discipline involves a set of steps taken before an employee will be terminated for poor performance.

TRUE

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.

TRUE

Terms that at first appear innocuous may be discouraging to one or more groups of potential employees. Examples of such terms are "draftsman," "salesgirl," "repairman," "paperboy," and "maid." The job solicitation should invite applications from all groups and should not suggest a preference for any one class of individual.

TRUE

Texas has a state law regulating the drug testing of current employees, but not applicants. (Source: SG)

TRUE

The Americans with Disabilities Act (ADA) provides that an employer may not make an employment decision based on the individual's HIV status unless customers object.

TRUE

Under respondeat superior, employers are liable for the harm to others caused by their employees acting within the scope of employment. (Source: SG)

TRUE

When the reason for the termination is allegedly defamatory (for instance, termination based on false accusations of insubordination or theft), then some courts have held that self-publication can satisfy the prima facie requirements of defamation since the employee was compelled to publish the defamatory statement to a third person.

TRUE

¨If a test is a "medical exam," it is covered by the Americans with Disabilities Act (ADA). (Source: SG)

TRUE

¨The Genetic Information Nondisclosure Act (GINA) forbids employers from acquiring genetic information regarding applicants and employees. (Source: SG)

TRUE

¨To be defamatory, statements must be false or, if true, must damage the reputation of the plaintiff. Source: SG)

TRUE

¨Under the ADA, prior to making a permanent offer of employment, an employer is prohibited from requiring applicants submit to medical exams. (Source: SG)

TRUE

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

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.

Which of the following is not an element for the tort of negligent hiring?

The employee lied to the prospective employer about his or her fitness for the position.

¨Employers must retain applications and related records for at least _______ year(s) after a hiring decision is made. (Source: SG)

They must be retained forever.

An employer does not have the right to raise a question regarding gender in a job interview unless gender is a bona fide occupational qualification.

True

Content validation with regard to pre-employment tests is based on a careful job analysis that identifies important tasks behaviors and knowledge that a job requires. Group of answer choices

True

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

True

While interviewing Aisha Said for the post of marketing manager, the Vice President of Eager Beaver Investments, Inc. asks Aisha 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?

While these questions are not expressly prohibited by federal law, they could be used as evidence of discrimination because they are not job related. These questions are expressly prohibited by federal law because they concern national origin, ethnicity, and marital status. These questions are not prohibited by federal law, but there is a risk of liability if all applicants are asked the same questions, even those with more common names and those who are male. These questions are prohibited by federal law only when an employer is protected under the business necessity defense.

Eager Beaver Bank employs Bob, 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 Bob, she discovers that Bob has absconded. In this scenario, Eager Beaver Bank will:

be liable to the customer because of negligent hiring

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

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

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

defamation. non-statement of material facts. *** intentional or negligent misrepresentation. negligent hiring.

Prosper'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:

disparate impact discrimination against female officers.

Under the Americans with Disabilities Act (ADA), this test is a medical test: (Source: SG)

genetic test honesty test polygraph test physical fitness test ***

To establish a prima facie claim of disparate treatment, the employee must show all of the following except that:

he or she is a member of a protected class.

In a pre-employment interview, an employer should avoid asking if an applicant or a potential employee:

is a citizen of the United States. *** uses a nicknames to refer to himself or herself. speaks any other languages apart from English. is flexible with working overtime.

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

is job-related and consistent with business necessity.

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:

it is proved that the test has been professionally developed and validated and it is not been used to discriminate.

Bob, 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, Bob falls below expectations in the performance of his job duties. He has missed four out of six deadlines in the past year without justification. Bob needs to improve his time management skills." If the performance appraisal is reasonable and truthful, it subjects the employer to:

no liability, because the appraisal is not based on attributes such as national origin, age, or accent.

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 _____.

progressive discipline

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

psychological characteristics. PreviousNext

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

testing for eligibility.

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

the employee was inappropriate for the position assumed.

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

their compensation history

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

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