Staffing Chapter 2

The Age Discrimination in Employment Act focuses on individuals over the age of ________.

40

Which of the following statements is true regarding the laws and regulations which govern the employment relationship? Question options: A) Their purpose is to create a reasonable balance of power between the employer and employee. B) Their purpose is to create a reasonable power advantage for employees. C) Their purpose is to provide protections for employees only. D) Their purpose is to create a reasonable power advantage for employers.

A) Their purpose is to create a reasonable balance of power between the employer and employee.

Which of the following is true regarding temporary employees? Question options: A) Use of temporary workers can often raise issues of "co-employment." B) Temporary employees are considered to be employees of the organization which is using their services, not the temporary help agency. C) During job assignments, temporary workers are on the payroll of the organization using their services. D) All of the above are correct.

A) Use of temporary workers can often raise issues of "co-employment."

Due process rights have their primary source in ________. Question options: A) the U.S. Constitution Amendments B) EEOC guidelines C) federal statutes D) state statutes

A) the U.S. Constitution Amendments

Where the Americans with Disabilities Act is concerned, ________. Question options: A) the law only applies to disabled individuals who are otherwise qualified B) the law provides advantages to disabled people C) the law prohibits refusal to hire a disabled person D) the law requires the hiring of all disabled people

A) the law only applies to disabled individuals who are otherwise qualified

Which of the following statements is true regarding independent contractors? Question options: A) Using an independent contractor increases the employer's exposure to laws and regulations governing the employment relationship. B) Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees. C) An independent contractor is a legal employee of the company which hired him/her. D) Using an independent contractor substantially increases the right of the employer to control the contractor.

B) Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees.

Regarding employment contracts, ________. Question options: A) employment-at-will is defined under set-term contracts B) both written and oral contracts are enforceable C) most employees have a contractual right to be discharged only for cause D) all of the above are correct

B) both written and oral contracts are enforceable

Executive Order 11246 covers ________. Question options: A) private employers with under 15 employees B) federal contractors with contracts in excess of $10,000 C) private employers with 20 or more employees D) local government employers

B) federal contractors with contracts in excess of $10,000

Which of the following is true regarding discrimination on the basis of sexual orientation? Question options: A) although such discrimination is not covered by federal law, it is covered by some state and local laws B) federal law prohibits all discrimination on the basis of sexual orientation C) some state and local laws encourage discrimination on the basis of sexual orientation D) there are no laws covering sexual orientation discrimination

B) federal law prohibits all discrimination on the basis of sexual orientation

Enforcement mechanisms used by the OFCCP ________. Question options: A) are unrelated to specific AA plans B) may involve conciliation agreements C) are identical to those used by the EEOC D) rarely involve employer site visits

B) may involve conciliation agreements

Where reasonable accommodations for disabled individuals are concerned, it can be said that ________. Question options: A) accommodation is always required for an otherwise qualified individual B) the need to accommodate often hinges on whether or not a given job function is necessary or essential C) the issue of "undue hardship" to the employer is not addressed by the law D) specific examples of accommodations are rarely indicated in laws and regulations

B) the need to accommodate often hinges on whether or not a given job function is necessary or essential

Regarding the use of tests in staffing, it can be said that ________. Question options: A) they are permitted by law B) they should be adjusted by protected characteristics to be fair C) they should be "race normed" for fairness D) they are illegal

B) they should be adjusted by protected characteristics to be fair

Statutory law is derived from ________. Question options: A) agencies at the federal, state and local levels B) written documents passed by legislative bodies C) the US constitution and its amendments D) court cases

B) written documents passed by legislative bodies

The key to a successful rebuttal in a disparate treatment case is ________. Question options: A) to prove adverse impact B) to show the presence of a "mixed motive" C) to provide nondiscriminatory reasons for the practice(s) in question D) to prove discrimination

C) to provide nondiscriminatory reasons for the practice(s) in question

Which of the following is true regarding H-1B visas? Question options: A) H-1B visa holders may not change jobs as soon as their employer files an approval petition and they are restricted to their current geographic area. B) There is a cap of 50,000 workers per year who can obtain such visas. C) Employers may apply for permanent H-1B visas for foreign workers. D) None of the above.

D) None of the above.

In EEOC cases, a consent decree is ________. Question options: A) mandated by law B) limited to non-monetary relief C) limited to affirmative action remedies D) court approved

D) court approved

The most prevalent form of the employment relationship is ________. Question options: A) temporary employee B) independent contractor C) employer-employer D) employer-employee

D) employer-employee

The common law principle which states that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time is called ________. Question options: A) affirmative action B) a consent decree C) equal employment opportunity D) employment-at-will

D) employment-at-will

The essence of a BFOQ is that ________. Question options: A) it reduces discrimination B) it is always illegal C) it prohibits selection through use of a protected characteristic (e.g., gender) D) it justifies discrimination based on reasonable necessity of the job

D) it justifies discrimination based on reasonable necessity of the job

Noncompliance with the Immigration Reform and Control Act (1986) could result in ________.

imprisonment for up to six months