MAN 3320 CHAPTER 2 EMPLOYEE STAFFING AND BENEFITS

Match the routes a plaintiff can take under Title VII litigation process (in the left column) with the plaintiff's responses to the defendant's rebuttals (in the right column).

-A charge of disparate treatment = The reasons given by the defendant for the practice are a smoke screen for discrimination. -A charge of disparate impact = The plaintiff refuses to adopt a practice that causes outcomes that are less adverse.

Which of the following is true of case law that pertains to staffing?

-Almost all the guidance related to specific employment practices and standards of evidence comes from case law. -Much of the law regarding the employment relationship and the rights of employees and employers comes from case law.

Which of the following are true of the evidentiary bases for discrimination claims? (Check all that apply.)

-Claims of disparate impact requires direct evidence that people are being adversely affected by a practice as a result of a protected characteristic. -Disparate treatment claims involve allegations of intentional discrimination by the employer.

In the context of evaluating workforce diversity, match the types of representation statistics (in the left column) with their descriptions (in the right column).

-Concentration statistics = It is used to compare the percentages of demographic groups to check whether they are clustered in certain workforce categories. -Flow statistics = It is used to analyze the proportion of applicants hired among different groups. -Utilization statistics = It involves a comparison of the percentage of employees in a job category with availability in the relevant population.

Match the forms of evidence for discrimination (in the left column) with their descriptions (in the right column).

-Discrimination occurs because of a clear difference in processes or standards for different groups -The seemingly neutral processes or standards result in different outcomes for different groups

In the context of diversity and inclusion in staffing, match the terms (in the left column) with their definitions (in the right column).

-Diversity in staffing = Employees of the organization are representative of the available workforce. -Inclusion in staffing = The culture, practices, and policies of the organization create a supportive and open environment for individuals from a variety of backgrounds and perspectives.

According to the Americans With Disabilities Act (1990, 2008), which of the following are true of the conditions for employing individuals with disabilities? (Check all that apply.)

-Employers may require those they offer a job to take and pass the same job-relevant medical exam regardless of disability status. -The employer may not conduct medical exams of job applicants before making a job offer.

In the context of evaluating workforce diversity using representation statistics, match the types of statistics (in the left column) with the managerial implications (in the right column)

-Flow statistics = Potential problem with the firm's external selection practices is highlighted by differences in hiring rates. -Utilization statistics = Potential problem with recruiting practices is indicated by differences between the available workforce and those in the firm. -Concentration statistics = Potential problem with the firm's internal recruiting and promotion practices is highlighted by differences in representation of groups across levels of management.

Which of the following are true of the social and legal interpretations of the Civil Rights Acts of 1964, 1978, and 1991?

-Gender-inclusive standards of business-appropriate dress and behavior can be valid grounds for hiring decisions. -Strict rules forbidding employees from speaking a language other than English is considered illegal.

Match the methods of adjudicating employment disputes (in the left column) with their descriptions (in the right column).

-Internal dispute resolution = This method is often the first stage for many claims of employment discrimination. -Mediation = This is a voluntary method involving a neutral third party who acts as a liaison between the employer and the employee and secures an agreement between them that settles the dispute. -Arbitration = This method requires the employer and the employee to bring evidence before a third party who can issue a resolution that is legally binding. -Administrative judgments = This alternative resolution process involves a formal investigative process by external agencies such as the Department of Labor or the Equal Employment Opportunity Commission.

In the context of strategies employers can use to ensure inclusivity, which of the following are true of a multicultural view of the workplace? (Check all that apply.)

-It encourages workers to value differences and to avoid applying any group characteristic to a single person. -It involves acknowledging group differences.

Which of the following are true of the principle of employment-at-will?

-It gives employers in the United States much more freedom to terminate employment without due process compared to most other countries. -Though the concept is very broad, several regulations restrict employer rights to terminate the employment relationship.

Which of the following are true of constitutional law as a source of law that pertains to staffing?

-It is often applied in the area of public employee rights, especially their due process rights. -It is often referenced when deciding whether a statute is consistent with, or in violation of, the constitutional framework.

In the context of the outcomes of the litigation process under Title VII of the Civil Rights Act, identify the remedies that a federal court may design in the absence of a consent decree. (Check all that apply.)

-It may require the defendant to pay the plaintiff various forms of monetary relief. -It may order the defendant to implement affirmative action plans and other equitable relief that the court considers appropriate. -It may order the reinstatement or hiring of individuals.

Novo Designs acquires temporary employees from ManPower Solutions, a staffing firm. It uses a few ManPower Solutions' employees on a long-term basis. What should Novo Designs do to ensure that these permatemps will not be legally treated as its employees?

-It should avoid giving the permatemps an organizational e-mail account. -It should treat the permatemps as truly separate from its regular employees.

In the context of the implications of the outcomes of different employment relationship orientations, match the types of organizations (in the left column) with their descriptions (in the right column).

-Organizations that focus on internal employee development and promotion-from-within policies = They are most likely to reap greater rewards from a psychosocial relationship with employees. -Organizations that prefer short-term employment relationships = They are most likely to favor explicit terms of employment, and sometimes employment contracts may cover starting and ending dates, rates of pay for outcomes, and grounds for the termination of the relationship before the expected duration.

Title VII of the Civil Rights Act of 1964 made it unlawful for an employer to discriminate against individuals with protected characteristics with respect to compensation, privileges, terms, or conditions of employment and to classify or segregate them in any way which would affect their status as employees or deprive them of employment opportunities. Which of the following were originally specified in the act as protected characteristics of individuals?

-Race -Sex -Religion -National origin -Color

Match the areas of concern related to staffing (in the left column) with the corresponding advantages of actively pursuing diversity and inclusion (in the right column).

-Staffing levels = Increased diversity of required employee qualifications and improved employee retention -Legal and policy compliance = Minimized operational disturbances and reduced negative press -Product/service market = Heightened sensitivity in interacting with the public and improved relationships with regulatory agencies and communities -Employee attitudes and behavior = Enhanced employee engagement and perceptions of justice

Which of the following are true of statutory law that pertains to staffing?

-State laws are often patterned after federal law. -Local laws and regulations often offer protections beyond those contained in the federal laws and regulations.

Match the federal laws regarding equal employment opportunity (in the left column) with the descriptions of their coverage (in the right column).

-The Civil Rights Act (1964, 1978, 1991) = It applies to private employers with 15 or more employees; employment agencies; labor unions; and federal, state, and local governments. -The Immigration Reform and Control Act = It applies to employers with four or more employees. -The Age Discrimination in Employment Act = It covers private employers with 20 or more employees; employment agencies; labor unions; and federal, state, and local governments.

Identify the features of the employment relationship involving an independent contractor.

-The contractor is responsible for his or her own safety and health. -The contractor defines the location and hours of work. -The contractor has full legal responsibility for work activities.

Which of the following characterize an employment relationship marked by social exchanges?

-The employer and the employee develop mutual obligation and a sense of commitment as they invest in each other through repeated interactions. -The employer provides training and development opportunities that facilitate career progress of the employee.

According to the approaches used by the Internal Revenue Service and the Department of Labor, which of the following criteria should be met to classify a worker as an independent contractor?

-The employer and the worker do not have a permanent relationship. -The worker controls meaningful aspects of the work.

Which of the following are true of an employer-employee relationship?

-The employer decides and supervises methods and pace of work. -The employer is liable for the misconduct of the employee on the job. -The employer must pay the employee for the effort or time dedicated to work.

Identify the true statements about the provisions of the Immigration Reform and Control Act of 1986. (Check all that apply.)

-The employer may apply for temporary visas for up to six years for foreign workers who have highly specialized qualifications. -The law makes it illegal for employers to recruit or continue to employ unauthorized immigrants knowingly.

Which of the following are true of an employer-employee relationship?

-The employer must pay the employee for the effort or time dedicated to work. -The employer decides and supervises methods and pace of work. -The employer is liable for the misconduct of the employee on the job.

Identify the requirements an individual should meet to be considered an unpaid intern or trainee.

-The intern and the employer must understand that the intern does not have a just claim to any pay for time spent. -The training provided must not be different from that given in an educational setting. -The trainee does not take over another person's position and works under close supervision of the employer's staff. -The training experience must be intended to benefit the trainee.

Which of the following are true of the key concepts related to employment practices in the United States?

-The law explicitly allows the use of merit systems and seniority as a basis for applying different terms and conditions to employees. -Firms cannot legally use selection criteria that reduce the likelihood of hiring people with disabilities unless they are related to job performance.

Which of the following are true of the key concepts related to employment practices in the United States? (Check all that apply.)

-The law explicitly allows the use of merit systems and seniority as a basis for applying different terms and conditions to employees. -Firms cannot legally use selection criteria that reduce the likelihood of hiring people with disabilities unless they are related to job performance.

Identify the true statements about the demography of the American workforce. (Check all that apply.)

-There has been a dramatic increase in racial and ethnic diversity. -The presence of openly lesbian, gay, bisexual, and transgender (LGBT+) employees in the workplace is increasing.

Identify the true statements about employment relationships that are marked by economic exchanges.

-These relationships are usually easy for either party to exit without much economic harm. -The exchanges between employers and employees are largely impersonal. -A bond of loyalty and trust is absent, and enforcement mechanisms through formal agreements are common in such relationships.

Which of the following are true of the outcomes of social exchanges in an employment relationship?

-They increase employee feelings of obligation to reciprocate the investments of the organization. -Employees will do extra work beyond the explicitly listed requirements in the job description.

Which of the following are true of an employer-employee relationship?

-This arrangement is the end result of the person/job matching process carried out by the organization. -This is the most common form of employment relationship.

Identify the strategies employers can use to ensure inclusivity in the workplace.

-Training all parties to the staffing process on inclusive policies and procedures related to recruiting, test administration, interviewing, and so on -Evaluating the nature of the work to make sure that all qualified individuals are given due consideration in the recruiting and selection process

In the context of strategies employers can use to ensure inclusivity, arrange the steps involved in the problem-solving approach for addressing a reasonable accommodation request from an employee or applicant in the correct order of occurrence. (Place the first step at the top.)

-conducting a job analysis to determine the job's key functions -Identifying barriers of performance that would prevent the person from doing the job -Working with the person to identify probable accommodations -assessing each accommodation and choosing the most reasonable one that would not be an undue hardship

The Americans With Disabilities Act (ADA) covers employment agencies; labor unions; federal, state, and local governments; and private employers with at least

15 or more employees

The Age Discrimination in Employment Act (ADEA) makes it unlawful to discriminate against those aged

40 and or older

Data corresponding to employment is collected and reported through the Department of Labor's

Bureau of Labor Statistics (BLS)

Which of the following supersedes all other sources of laws and regulations?

Constitutional law

What is the final stage in the employment discrimination complaint adjudication process?

Court cases

Which of the following is true of the litigation process involving disparate treatment claims?

During rebuttal, the defendant must provide nondiscriminatory reasons for the practices being challenged.

Identify a true statement about employer-employee relationships.

Employers are legally answerable for actions taken by employees in the scope of their employment duties.

In the context of the key concepts related to employment practices in the United States, which of the following is true of permitted employment practices?

Employers may use tests in staffing as long as such tests are not intended or used to discriminate against people with protected characteristics.

True or false: The provisions of the Age Discrimination in Employment Act (ADEA) have been interpreted to mean that it is unlawful to favor an older worker over a younger worker when both workers are aged 40 or older.

False

Who among the following is considered as having a disability under the Americans With Disabilities Act (1990, 2008)?

Individuals with impairments that substantially limit a major life activity when compared with those who do not have similar conditions

Match the types of diversity planning (in the left column) with their descriptions (in the right column).

Passive diversity planning = An organization reviews all practices and policies to ensure there is no discrimination on the basis of religion, race, national origin, age, gender, disability status, or other protected classes covered locally. - Active diversity planning = An organization ensures that its policies and practices do not discriminate against protected classes, encourages underrepresented groups to apply for positions, frequently recruits from sources that are likely to be seen by underrepresented groups, and provides additional mentoring and training to encourage the advancement of underrepresented groups.

Which of the following is true of the employment relationship involving temporary employees?

Temporary employees are considered employees of the staffing firm rather than the client employer.

Identify the federal law related to equal employment opportunity that outlaws the employment of unauthorized aliens and requires civil and criminal penalties for violations of the law.

The Immigration Reform and Control Act (1986)

Identify the unit of the Department of Labor that is responsible for ensuring adherence to nondiscrimination laws and regulations for organizations that do business with the federal government.

The Office of Federal Contract Compliance Programs (OFCCP)

Which of the following is true of an employment relationship marked by social exchanges?

The exchanges between the employer and the employee are based on less concrete but powerful concepts of loyalty and commitment.

Identify a true statement about statutes that pertain to staffing.

They are derived from written laws passed by legislative bodies at the federal, state, and local levels.

Which of the following is true of women's presence in the American workforce?

They currently constitute half of the labor force.

Which of the following is true of employment relationships that are marked by economic exchanges?

They have a transactional orientation.

The structure and provisions of _____ served as a source for the form of all subsequent employment discrimination law in the United States.

Title VII of the Civil Rights Act of 1964

Which of the following includes a comprehensive statement about unlawful employment practices?

Title VII of the Civil Rights Act of 1964

Which of the following is true of the significance of fulfilling expectations in an employment relationship marked by economic exchanges?

Violations of the terms of employment are likely to lead to employee turnover.

In the context of the outcomes of the litigation process under Title VII of the Civil Rights Act, a _____ is a voluntary, court-approved agreement between the plaintiff and the defendant to end their dispute.

consent decree

True or false: Supervisors' e-mails or casual oral statements suggesting that an employee will be retained in the firm does not restrict the employer's right to terminate the employment relationship.

false

Case law

is based on precedents for how lawsuits have been adjudicated across different layers of the legal system.

Equal Employment Opportunity

means that all interested individuals are treated in a similar manner, with no policies or procedures serving to give advantage to any demographic group.

In the context of the forms of employment relationship, classifying a worker as an independent contractor

reduces employer reporting requirements under wage and hour laws

One of the requirements an individual should meet to be considered an unpaid intern or trainee is that

the intern or the trainee does not have a just claim to a job at the end of training

True or false: Violation of either general or specific terms of employment is related to increased burnout, lower job satisfaction and engagement, and lower job performance.

true