HRM 510 Week 5 Midterm Exam – Strayer University NEW

HRM/510 Week 5 Midterm Exam – Strayer NEW

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Chapters 1 Through 7

CHAPTER 1

OVERVIEW OF EMPLOYMENT LAW
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. U.S. employment law is:
a. a complete body of federal law
b. a complete body of federal and state law
c. a fragmented work in progress
d. a fragmented body of common law

2. The best HR managers will:
a. be proactive
b. anticipate legal problems and try to avoid them
c. strictly enforce company policy when it conflicts with the law
d. a and b only
e. a through c

3. Sources of employment law include:
a. state and federal constitutions
b. state but not federal constitutions
c. executive orders
d. regulations
e. all of the above
f. a, c and d

4. The Employment at Will Doctrine means that:
a. an employer may fire an employee for any reason not prohibited by law
b. an employer may fire an employee only for cause
c. an employer may not fire an employee
d. none of these

5. The Employment at Will Doctrine is:
a. the starting point for any analysis of an employment issue
b. the rule, unless the parties have an employment contract
c. the rule, unless the parties have signed a collective bargaining agreement
d. all of the above

6. Employment law gives employees certain substantive rights. Among these are:
a. the right not to be fired except for cause
b. the right to vacation time and sick days
c. the right to an employer paid health insurance plan
d. none of these

7. In order to determine which employment laws apply to a certain business, one needs to consider:
a. the geographic location of the business
b. whether the business is public or private
c. how many employees the business has
d. all of these
e. two of these

8. An employee about to bring a claim for a violation of employment law must consider:
a. whether she has the right to bring a private cause of action
b. whether formal notice must be given before a claim can be made
c. whether the employee has worked for the employer for at least one year
d. all of these
e. a and b only

9. Tri-State Computers, Inc. decided to institute a mandatory arbitration agreement policy, so posted notice of the policy on its company website for all of the employees to see. The policy, as described is:
a. enforceable
b. unenforceable

10. The role of Human Resource managers in compliance with legal requirements regarding employment law includes:
a. recognizing and analyzing employment law issues
b. taking action to avoid or prevent employment disputes
c. enforcing legal requirements governing employment law
d. all of these
e. two of these

CHAPTER 1
OVERVIEW OF EMPLOYMENT LAW

MULTIPLE CHOICE QUESTIONS

1. William, aged 59, has been employed by your firm for more than 26 years, and has continually received above-average evaluations. Just before his 27th anniversary with the firm, you are ordered by your superior, the HR Manager, to tell him that his employment with the firm is terminated immediately. Given the facts, as presented, the issues most likely to be raised are:
a. legal
b. ethical
c. medical
d. contract
e. none of these

2. Under U.S. employment laws, employees have the right to:
a. not be fired, as long as they do a good job and the employer’s financial condition does not require that employment levels be cut
b. be treated fairly in all aspects of the workplace, including receiving fair compensation
c. have health insurance and other basic benefits, provided that they are full-time employees
d. all of the above
e. none of the above

3. In order to determine which employment laws apply to a certain employer, the employer should consider which of the following factors?
a. the number of employees that work for the company
b. whether the employer sells goods or services to the federal government
c. the state(s) in which the employer operates
d. all of the above
e. none of the above

4. Regarding the historical development of employment law in the U.S., which of the following statements is true?
a. Most federal employment laws were passed in the first half of the 19th century in response to growing industrialization
b. The earliest employment laws focused on wages and hours
c. Most employment laws were passed with little conflict, since the need for these laws was evident to employers, employees and legislators.
d. The importance of employment at will has increased over time.
e. None of the above.

5. Which of the following is generally true regarding the process of enforcing employment laws?
a. courts and government agencies hear cases only after employees come forward with complaints about violations of the law
b. employees are very likely to seize the opportunity to sue their employers, because all of the cost of employment litigation is borne by the employer
c. once a claim is brought, a company’s attorneys deal with it, and managers have little involvement in the case
d. all of the above
e. none of the above

6. In Nino v The Jewelry Exchange, plaintiff bank employee sued alleging discrimination, and his employer sought to dismiss the suit, stating that the employee had signed a mandatory arbitration agreement, so that the suit should go to arbitration. The employee responded that the mandatory arbitration agreement he had signed was unconscionable, and therefore, unenforceable. Among other things, the employee alleged that the arbitration agreement was unconscionable because gave him only 5 days to make a demand for arbitration. The court ruled:
a. for the Plaintiff employee, because the agreement was both procedurally and substantively unconscionable.
b. for the Plaintiff employee, because the arbitration agreement was procedurally unconscionable.
c. for the Defendant employer, because none of the provisions of the arbitration agreement was unconscionable.
d. for the Defendant employer because the unconscionable parts of the arbitration agreement could be stricken, and the arbitration could proceed.

7. Under the “payroll method” approved by the U.S. Supreme Court:
a. employers whose payrolls exceed $500,000 annually are covered by Title VII
b. employers are covered by Title VII if they had at least 20 employees on the payroll at the time of the alleged discrimination
c. employers are covered by Title VII if they had at least 15 employees working and being paid for each working day during at least 20 weeks in the same or the preceding year
d. employees are counted for each full week between when they are hired and when they leave employment, regardless of the number of days or hours worked.
e. none of the above

8. Which of the following statements is true of arbitration?
a. historically, arbitration has been used to resolve disputes over contractual rights
b. arbitrators’ decisions are usually advisory and not considered final
c. arbitrators have less control over the outcomes of disputes than do mediators.
d. arbitration is always more costly and time-consuming than litigation
e. none of these

9. Regarding the interrelationship of federal and state employment laws:
a. state laws must be identical to federal law or the state law is void
b. states may pass laws which reduce employee rights, but may not enact laws that expand employee protections granted in federal laws
c. states may pass laws which expand employee rights, but may not enact laws that reduce employee protections granted in federal laws
d. employment law is exclusively a federal domain, so states may not enact laws when federal law already exists

10. In Wal-Mart Stores v Dukes, Plaintiffs, all female employees, sued alleging discrimination in pay and promotions based on gender, and sought to represent a class of about 1 ½ million female employees, past and present. The case was certified as a class action, and Wal-Mart appealed, alleging that the certification did not comply with the Federal Rules of Civil Procedure in that the claimants had not suffered the same injury, and the claims did not have questions of law and fact in common. The court ruled:
a. for the Plaintiff employees, because they had all suffered the same injury – a violation of Title VII
b. for the Plaintiff employees, because Wal-Mart was guilty of a pattern or practice of discrimination based on its corporate culture
c. for Wal-Mart, because a lawsuit with 1.5 million plaintiffs was simply unwieldy
d. for Wal-Mart, because the claims did not have common questions of law and fact

11. In EEOC v Fed Ex, the EEOC sued Fed Ex on behalf of a deaf employee who was denied reasonable accommodation under the Americans with Disabilities Act (ADA) over a two year period. The court found for EEOC, and entered judgment for compensatory and punitive damages. Fed Ex appealed, in part based on the award of punitive damages, contending, among other things, that Fed Ex had made a good-faith effort to comply with the law. In particular, Fed Ex offered evidence of its ADA compliance policy set forth in the employee manual. The court ruled:
a. the establishment of an ADA compliance policy was sufficient to establish a good faith effort to comply with the ADA
b. the establishment of an ADA compliance policy was not sufficient by itself to establish a good faith effort to comply, in the absence of any affirmative steps to ensure the implementation of its policy
c. a good faith effort was not required
d. none of these

12. Which of the following is true regarding enforcement of employee rights and enforcement of employment laws?
a. finding a lawyer willing to take an employment law case is difficult because lawyers accept only about 50% of employment discrimination cases brought to them
b. if an employer has a complaint or grievance procedure, the employee is required to exhaust the remedies afforded under the internal procedure before taking the case to an enforcement agency or court
c. the EEOC encourages the parties to discrimination cases to use mediation
d. the EEOC encourages the parties to discrimination cases to use arbitration

13. An employer considering whether to use mandatory arbitration agreements should recognize which of the following limitations of their use?
a. the agreements probably won’t apply to any of its unionized employees
b. the agreements will not deter the EEOC from investigating and possibly litigating to recover remedies for individuals
c. the agreements may not be enforceable if they do not provide employees with the same remedies as those available through the courts
d. all of the above
e. none of the above

14. Which of the following is true of the enforcement process for discrimination charges brought under Title VII?
a. the plaintiff may choose to begin in the state civil rights agency, or may file directly with the EEOC as they wish
b. charges must be brought within 60 days of the alleged discriminatory act
c. a right to sue letter must be obtained from the EEOC before going to court
d. all of the above
e. none of the above

15. A mandatory arbitration agreement which provides that all claims be brought within 90 days of the date of the alleged violation would likely be:
a. enforceable
b. unenforceable
c. subject to amendment by the court

16. Dean got a job as a copyrighter for a publishing firm, and after working for the firm for two years, was told he was required to sign a mandatory arbitration agreement, submitting any employment disputes to binding arbitration, and that if he would not sign it as is, he would be fired. Dean:
a. will have to sign the agreement if he wants to keep his job
b. does not have to sign the agreement, and can still keep his job

17. The contract referred to in Question #16 above is:
a. procedurally unconscionable
b. substantively unconscionable
c. neither of these
d. both of these

18. Which of the following provisions, if included in a mandatory arbitration agreement, would be likely to render it unenforceable?
a. a provision that the employee pay the costs of the arbitrator’s services
b. a provision that gives the employer the right to choose any arbitrator
c. a provision that bars all discovery
d. a provision that requires the employee to prove his case
e. all of these
f. all of these except d

19. As the Human Resources manager of your firm, the task of putting into effect the firm’s new mandatory arbitration agreement has fallen to you. At a minimum, legally, which of the following actions are required to make the policy enforceable?
a. send email notice to all employees that a mandatory arbitration policy has been adopted
b. post the mandatory arbitration policy on the firm’s website, and ask employees to visit the site and review the policy
c. provide employees with a copy of the agreement, and ask them to sign it
d. make certain that the agreement provides, and the employees understand, that they are waiving their rights to sue
e. all of these are legally required
f. none of these are legally required
g. only c and d are legally required

20. Your firm has just gotten a contract with the U.S. government to build security gates for the new fence along the U.S.-Mexican border. In addition to the employment laws which already apply to your business, the following will now also apply:
a. Title IX
b. the Federal Security Fence Funding Act of 2008
c. EO # 11246
d. all of these
e. none of these

ESSAY QUESTIONS

1. Employment law arises from a variety of sources. Name and briefly discuss each of them.

2. Describe what the role of a good human resources manager should be in managing employment law issues.

CHAPTER 2
OVERVIEW OF EMPLOYMENT LAW
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. If an employment relationship exists, an employer must do this for its employee:
a. withhold income taxes from wages
b. provide workers’ compensation insurance
c. provide unemployment insurance
d. all of these

2. Who has the burden of proving the status of a hired worker whose status as either employee or independent contractor is disputed?
a. the hiring party
b. the worker hired
c. the agency before which the disputed case is pending
d. the judge presiding over the case in court
e. none of these

3. Of the following, which is considered in determining whether someone is an independent contractor or an employee?
a. who has the right to control how and where the work is done
b. does the worker work for one firm or many
c. who supplies necessary tools and supplies
d. whether benefits are provided to the worker
e. all of these
f. only a thru c

4. Which of the following statements is true?
a. an employer may be held liable for the actions of its employees outside the scope of employment
b. an employer may not be held liable for the actions of its employees outside the scope of employment
c. employers may limit their liability for the actions of its employees pursuant to contract
d. none of these

5. Which one of these is different from all the others?
a. independent contractor
b. employee
c. temp worker
d. partner
e. volunteer
f. students
g. interns

6. Match each term to its correct definition.
[c] 1. employee
[b] 2. employer
[e] 3. independent contractor
[a] 4. right of control
[f] 5. scope of employment

a. how the IRS distinguishes employees from independent contractors
b. one who hires another to work for him and directs the work
c. one who works regularly for an employer and is directed by the employer
d. principal and agent
e. one with his own business who offers his services to others
f. all of the services an employee performs for his employer are within this
g. agency

CHAPTER 2

THE EMPLOYMENT RELATIONSHIP

MULTIPLE CHOICE QUESTIONS

1. Distinguishing between employees and independent contractors is important because:
a. income tax must be withheld for employees, but not independent contractors
b. employers have fewer legal obligations to independent contractors
c. employers can defend their actions under employment laws by proving that persons performing work are independent contractors
d. all of the above
e. none of the above

2. Under the economic realities test:
a. if the hired party depends on the job for the majority of her income, that favors the conclusion that she is an employee
b. if the hired party performs tasks that are central to the hiring party’s business, that favors the conclusion that she is an independent contractor
c. if the hired party performs low-skilled work, that favors the conclusion that she is an independent contractor
d. if the hired party provides her own tools and materials, that favors the conclusion that she is an independent contractor
e. all of the above

3. In Narayan v EGL, Inc., the plaintiffs were drivers hired in California by a Texas firm, which had them sign independent contractor agreements under Texas law. They sued, contending they were employees, entitled to overtime pay and other benefits, and summary judgment was entered against them because of the independent contractor agreement. They appealed, and on appeal, the court ruled:
a. that they were independent contractors, because they signed the independent contractor agreement
b. that they were employees, because Texas law did not apply in California
c. that summary judgment was vacated, and the case remanded for trial, since a jury could determine from the evidence that they were employees
d. none of these

4. Which of the following is true of the common law test?
a. it is especially useful for distinguishing partners from employees
b. it focuses on the right of control
c. it focuses on the hired party’s ability to sell his services to a variety of hiring parties
d. it is especially useful for determining whether individuals should be covered as family members under benefit plans
e. none of the above

5. If a worker is an employee, the employer must:
a. withhold income taxes
b. pay the employer’s share of Social Security and Medicare taxes
c. pay the employee’s share of Social Security and Medicare taxes
d. all of these
e. a and b only

6. Which of the following is an accurate statement regarding independent contractor agreements?
a. they will usually be treated as indicators of independent contractor status, provided that they are signed and notarized
b. they are useless as indicators of independent contractor status
c. they can be renewed automatically and as often as necessary
d. they can support a claim to independent contractor status, but the actual relationship is the most important factor
e. a and c

7. The primary lesson to be learned from the lawsuit brought by Microsoft’s temporary workers in the 1990s is that:
a. it is safest legally to hire temp workers through a temporary staffing agency
b. employers must provide benefits to all of their employees
c. companies that use temp workers will often be deemed joint employers of those workers
d. employers cannot arbitrarily exclude some employees from benefit plans by labeling them as temporary workers
e. none of the above

8. If a worker is an employee, the employer must:
a. provide worker’s compensation coverage for the employee
b. provide unemployment insurance for the employee
c. provide health insurance for the employee
d. all of the above
e. a and b only

9. Persons performing volunteer work are more likely to be deemed employees if:
a. their services are provided to non-profit agencies
b. they receive significant remuneration for their services
c. they retain control over their volunteer work schedule
d. all of the above
e. none of the above

10. A company has one office with nine employees and a second office with 12 employees. If an employee who works in the first office is harassed and attempts to sue under Title VII, which of the following questions becomes a relevant issue:
a. whether this is a single, integrated enterprise
b. whether these are joint employers
c. whether the multi-employer doctrine applies
d. whether the joint payroll method applies
e. whether Title VII applies extraterritorially

11. Which of the following statements regarding managers is most correct?
a. under most employment laws, managers are not deemed to be protected employees
b. managers are usually not individually liable when they violate employees’ rights
c. employers are liable for the actions of managers taken within the scope of their employment
d. a and c
e. none of the above

12. Employers may be liable for the actions of their employees within the scope of employment. With regard to the actions of employees outside the scope of employment, which of the following statements is true?
a. An employer can never be liable for the actions of its employee outside the scope of employment.
b. An employer is always liable for the actions of its employee outside the scope of employment.
c. An employer might be liable for the actions of its employee outside the scope of employment if the employer was negligent or reckless in allowing it to occur, or for other reasons.
d. None of these is true

13. You started your own business 2 years ago, and needed several part-time workers, but did not want and could not afford to pay them a minimum wage, or payroll taxes, so you classified them as independent contractors. At the time, a decent argument could be made that they were independent contractors, as there had been no rulings on your particular arrangement. Recently, for a business very similar to yours, the Department of Labor ruled that the workers of the business were employees, and not independent contractors. What should you do?
a. nothing, unless the Department of Labor challenges your arrangement
b. nothing, unless one of the workers complains
c. have all of the workers sign independent contractor agreements immediately
d. begin to treat them as employees, including paying a minimum wage, and withholding income taxes

14. The main reason employers would rather hire independent contractors than employees is:
a. its cheaper
b. the employer has more control over independent contractors
c. the independent contractor has fewer rights under law than an employee
d. all of these
e. a and c only

15. A worker who is not an employee is likely:
a. a partner
b. a volunteer
c. an independent contractor
d. any one of these

16. What test is used to determine whether a worker is an employee or an independent contractor?
a. The Economic Realities Test
b. The Right to Control Test
c. The Common Law Test
d. Each agency or entity having an interest in the question uses a different test
e. None of these

17. Your sister works at a large, well- known firm which has had trouble sustaining the kind of profit margins their shareholders want to see. In order to keep their numbers up over the years, they have tried every cost-cutting measure they could think of, including some that were of questionable legality. You know about this only because you and your sister talk regularly. You know that she is concerned about losing her job, as there have been many rounds of downsizing, and you have promised her that you would not disclose these matters to anyone. Yesterday, she told you that the firm has been using temp workers for about the last two years, and they are a continuing problem. They come from a temp agency, and there are new workers every month or so, whom she must train. They do little to no work all day, and they are seemingly accountable to no one, since the supervisors don’t make them work, yet they still get paid. Your sister knows you are taking this Employment Law course, and she wants you to tell her whether what the company is doing with the temp workers is illegal. Is it?
a. Yes
b. No

18. Regarding independent contractor (IC) agreements, which of the following statements is NOT true?
a. There is no point in using an independent contractor agreement.
b. A good, well-drafted independent contractor agreement can help avoid liability for the firm hiring the worker.
c. Independent contractor agreements can help the parties clarify their employment relationship.
d. A well-drafted IC agreement will address many issues that are used by agencies in determining the status of workers.

19. Which of the following items should NOT be included in a well-drafted independent contractor agreement?

a. a requirement that the worker hire his own assistants
b. a requirement that the firm provide health insurance for the worker
c. a flat fee payment arrangement for the work
d. a requirement that workers pay their own expenses

20. Regarding employees, actions within the scope of employment are those which:
a. relate to work the worker was hired to perform
b. occur on company time at the usual place of work
c. occur during work hours
d. serve only the interests of the employer
e. all of these
f. a thru c only

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. When using independent contractors, firms must be prepared to relinquish most of their control over how work is done.

b. Firms should closely review the status of long-term independent contractors and not assign new projects to them without renewing agreements.

c. Independent contractor agreements should be used, but only when they document actual independent contractor relationships.

d. Be particularly cautious about changing the status of workers from employees to contingent workers or having workers with different statuses perform the same work for long periods of time.

e. Client companies should refrain from closely supervising agency temporary workers or selecting individual temp workers for hiring or firing.

2. Regarding undocumented workers (non-citizens in the US illegally), the policy of federal agencies has been to enforce employment laws for such workers without inquiring as to their legal status. However, the remedies available to such a worker may be limited because of his status. State and explain the policy reasons behind each of these decisions.

3. With regard to Question # 2 above, do you agree or disagree with each stated policy? Why or why not? State and explain what kind of policies as to enforcement of employment laws and remedies for violations of such laws you believe would most encourage compliance with employment laws, and describe what the incentives would be in your preferred policies to encourage the desired conduct.

CHAPTER 3

OVERVIEW OF EMPLOYMENT DISCRIMINATION
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is not a real federal anti-discrimination law?
a. Title VII of the Civil Rights Act of 1964
b. Equal Pay Act
c. Equal Opportunity Act
d. Rehabilitation Act

2. The protected classes under the current Title VII law and other federal non-discrimination laws are:
a. race, color, religion, sex, national origin
b. race, color, religion, sex, national origin, age, disability
c. race, color, religion, sex, national origin, disability, sexual orientation
d. race, color, religion, sex, national origin, age, disability, sexual orientation

3. Which of the following protected classes are recognized under some state laws, but not under federal law?
a. disability
b. sexual orientation
c. sexual discrimination
d. none of these

4. In this kind of claim, a seemingly neutral policy has a discriminatory effect.
a. disparate treatment
b. disparate impact
c. pattern or practice
d. none of these

5. In this kind of claim, a member of a protected class who was qualified was not hired, while a member of an unprotected class was hired.
a. disparate treatment
b. disparate impact
c. pattern or practice
d. none of these

6. “Retaliation” is:
a. an adverse action taken against plaintiff following plaintiff’s performance of a protected activity
b. a discriminatory remark made by a supervisor within hearing of the person discriminated against
c. hiring the plaintiff
d. none of these

7. The Age Discrimination in Employment Act makes it illegal to:
a. discriminate against workers over 40 and those under 20
b. discriminate against workers over 40 and under 75
c. discriminate against workers over 40
d. discriminate against workers over 50
e. none of these

8. The federal law that makes it illegal to discriminate in employment against a person based on religion is:
a. The Religious Discrimination Act
b. The Freedom of Religion Act
c. Title VII
d. there is no such federal law; the protection is based on the US Constitution

9. In a case in which an employer fires an employee for reasons that are partly legal and partly illegal, the kind of discrimination is called:
a. reverse discrimination
b. pattern or practice
c. harassment
d. mixed motive

10. Match each term to its correct definition.
[c] 1. pretext
[e] 2. protected class
[a] 3. disparate treatment
[d] 4. retaliation
[b] 5. adverse impact

a. intentional discrimination
b. discriminatory effect
c. a purported reason (but not the real one) for a discriminatory action
d. action taken against an employee for exercising legal rights
e. a group of people sharing a characteristic which has been the object of discrimination
f. a pattern or practice of discrimination
g. action taken to get even

CHAPTER 3

OVERVIEW OF EMPLOYMENT DISCRIMINATION
Test Bank Questions

MULTIPLE CHOICE QUESTIONS

1. Which of the following is true regarding discrimination?
a. the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace
b. discrimination has become more subtle and difficult to eliminate in recent years
c. the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there
d. discrimination occurs anytime that persons are treated unequally or unfairly in the workplace
e. none of the above

2. Which of the following is a protected class characteristic?
a. religion
b. height
c. intelligence
d. management status
e. all of the above

3. Which of the following is true? Title VII of the Civil Rights Act:
a. protects employees against discrimination based on race, sex, national origin, and disability
b. applies to employers that have 15 or more employees
c. protects employees against discrimination based on sexual orientation
d. protects employees against discrimination based on height, weight and physical appearance
e. all of the above

4. In disparate treatment cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee for something the employee did

5. Which of the following must be shown in order to establish a prima facie case of
retaliation?
a. that the employee was replaced by someone with differing protected class characteristics
b. that the employee lost an employment opportunity shortly after engaging in protected activity
c. that the employer’s action was based on the employee’s race, sex, or other protected class characteristic
d. that the employer’s action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee’s job performance
e. all of the above

6. Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:
a. for the employer, because the employees were guilty of theft
b. for the employer, because the employees were employees at will
c. for the employee, because the employer treated him differently based on his race
d. for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

7. Regarding cases alleging disparate treatment and pretext, it is correct to say:
a. disparate treatment is unintentional or accidental
b. evidence in a pretext case can be either direct or circumstantial
c. the employer has violated Title VII if it would not have made the same decision absent the discriminatory motive
d. they are relatively rare and with current legislation are not likely to be significant in the future

8. Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?
a. proof that the employer intended to discriminate
b. proof that the employer’s stated motive is not credible
c. statistical evidence of discriminatory effects
d. all of the above
e. none of the above

9. The key element in disparate treatment is discriminatory intent. In this context, that means that:
a. the decision-maker made the decision with intent to harm
b. the decision-maker made the decision with intent to break the law
c. the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee
d. none of these

10. A firm had been sued and found guilty of racial discrimination against African-Americans, and managers were instructed to be very careful to avoid another similar suit. To that end, African-American employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?
a. the policy is sound, both legally and ethically
b. the policy is sound legally, but not ethically
c. the policy is neither legally nor ethically sound
d. none of these

11. Which of the following is a type of disparate treatment?
a. adverse impact
b. retaliation
c. both of the above
d. none of the above

12. In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:
a. there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
b. the employer has engaged in a pattern or practice of discrimination
c. the difference in selection rates across protected class groups is statistically significant
d. the four-fifth’s rule has been violated
e. there is additional evidence of a discriminatory motive

13. Which of the following is a neutral requirement that is likely to result in adverse impact?
a. race
b. language requirement
c. physical strength test
d. b and c
e. all of the above

14. Protected activity in a retaliation claim under Title VII includes:
a. peaceful protests opposing an employer’s alleged discrimination
b. testifying in court about another employee’s discrimination claim
c. knowingly filing a false discrimination charge against an employer
d. all of the above
e. none of the above

15. For a disparate treatment case involving pretext, which is the correct order of proof?
a. plaintiff’s prima facie case, defendant’s lawful motive, plaintiff’s additional evidence supporting discriminatory intent
b. plaintiff’s evidence supporting discriminatory intent, defendant’s lawful motive, plaintiff’s prima facie case
c. plaintiff’s primary evidence, defendant’s primary evidence, plaintiff’s rebuttal showing discriminatory motive
d. none of these

16. Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?
a. plaintiff applied for the employment opportunity
b. plaintiff was qualified for the employment opportunity
c. plaintiff was not hired for the employment opportunity
d. plaintiff was as qualified for the employment opportunity as the person hired

17. In disparate impact cases:
a. the focus is on proving the employer’s discriminatory intent
b. the focus is on showing the discriminatory effects of the employer’s actions
c. the focus is on showing that unfair treatment occurred
d. the focus is on showing that the employer holds racist or sexist views
e. the focus is on showing that the employer was trying to get back at the employee for something the employee did

18. An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination?
a. No, because practice is neutral, and therefore non-discriminatory.
b. No, because she was offered alternative positions.
c. Yes, because the practice was a form of disparate impact.
d. Yes, because the firm did not create a different rule for bathroom breaks for her.

19. Of the following, the most effective way for an employer to respond to an employee’s claim of retaliation would be:
a. to show that the employee is lying
b. to show that the employee was not retaliated against, but rather disciplined for poor performance or the like
c. to show that the employee should never have been hired in the first place.
d. none of these

20. In Collazo v. Bristol-Myers Squibb,, an employee was fired after he assisted another employee with her claim of sexual harassment. He sued alleging retaliation. The firm contended that no sexual harassment had occurred, so that it was not legally possible for him to sustain a claim of retaliation. On appeal, the court ruled:
a. against the employee, because no sexual harassment was proven, and so no claim for retaliation could be maintained
b. against the employee, because he could not prove retaliation
c. for the employee, because the public policy exception to employment at will applied
d. for the employee, because it was not necessary for him to prove a violation of Title VII in order to sustain a claim for retaliation

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Employers must not make employment decisions based, in whole or in part, on the protected class characteristics of employees.

b. Employers should have policies and be consistent in how they apply and enforce them.

c. Employment requirements and practices should be scrutinized for their potential to disadvantage protected class groups and for evidence of their job relatedness and business necessity.

d. Employers need to exercise particular care in making employment decisions regarding employees that have filed charges or spoken out about discrimination.

e. Employers need to maintain good documentation and be prepared to explain why particular employment decisions were made.

2. Certain protected classes are recognized under various state law but not under federal law. Name them.

CHAPTER 4

RECRUITMENT, APPLICATIONS AND INTERVIEWS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Word of mouth advertising for employees may be discriminatory because:
a. it reaches so few people
b. people tend to associate with others like themselves
c. it is not in writing
d. none of these

2. H1-B visas are granted to:
a. hardship cases
b. those with specialty occupations
c. agricultural workers
d. a and b
e. b and c

3. Employers conducting an interview for an open position:
a. may ask only job-related questions
b. must make a conditional offer of employment before asking health-related questions
c. may discriminate pre-hire
d. none of these

4. Regarding medical inquiries in an interview, it is correct to say that:
a. they may be made at any time during the job interview
b. they may be made after a conditional offer of employment
c. they may never be made
d. they may be made after the employee applies for insurance

5. During an interview, one may inquire about an applicant’s protected class status:
a. directly
b. indirectly only
c. not at all

6. Match each term to its correct definition.

[e] 1. relevant labor market
[c] 2. neutral wording
[b] 3. nepotism
[d] 4. word-of-mouth hiring
[a] 5. medical inquiries

a. questions about previous workers’ compensation claims would be one of these
b. hiring one’s relatives, or the relatives of one’s employees
c. want ads which do not mention any protected class have this
d. employees tell their friends, who tell their friends about job openings
e. qualified available workforce
f. the percentage of a protected class in the local labor market
g. women and minorities are encouraged to apply

CHAPTER 4
RECRUITMENT, APPLICATIONS, AND INTERVIEWS
Test Bank Questions

MULTIPLE CHOICE QUESTIONS

1. In Stewart v. Jackson & Nash, the court examined the issue of fraudulent inducement.
The court decided that:
a. actions for fraudulent inducement against an employer are never available when the employee is an employee at will
b. actions for fraudulent inducement against an employer are only available with regard to future promises
c. actions for fraudulent inducement against an employer are only available with regard to present facts
d. actions for fraudulent inducement against an employer are only available when the promises made to the employee are in writing

2. Which of the following is a difference between employing foreign nationals with work visas for work in the U.S. and employing U.S. citizens?
a. the eligibility of foreign nationals to work in the U.S. must be documented on an I-9 form, while this is not required for citizens
b. the duration of employment is limited for foreign nationals, but not for citizens
c. foreign nationals can be paid lower wages and offered fewer benefits than citizens
d. all of the above
e. none of the above

3. For purposes of determining discrimination in recruitment, the “relevant labor market” is defined as:
a. the protected class composition of the employer’s applicant pool
b. the population as a whole
c. the protected class composition of people qualified for the job, and living geographically close enough to be likely candidates
d. none of the above

4. Which of the following is true regarding want ads and job announcements?
a. employers are legally required to post written job announcements and ads
b. the wording of job announcements and ads must be neutral
c. job announcements and ads must not be placed in publications that are narrowly targeted toward particular protected class groups
d. all of the above
e. none of the above

5. Nepotism and word of mouth hiring:
a. are specifically prohibited by Title VII because of their potential to produce discriminatory effects
b. are not optimal recruiting procedures, but they raise no significant legal issues
c. tend to produce discriminatory effects, depending on how racially homogeneous an employer’s existing workforce is
d. have been subjected to numerous legal challenges, but have been consistently upheld under Title VII
e. none of the above

6. Determining whether discrimination has occurred regarding recruitment requires an analysis of:
a. the relevant labor market
b. the overall labor force
c. the national labor force
d. the international labor market

7. Which of the following would not create potential liability for the employer if asked
during an interview?
a. Have you ever filed a workers’ compensation claim for a work-related injury or illness?
b. Do you believe in God?
c. How often do you go out on dates?
d. Why do you want to work for this company?
e. Your accent is beautiful, where are you from?

8. Your new boss has asked you to advertise for a job opening at the firm, but said he did not want to hire any “foreigners,” by which he means, anyone who is not 100% a Caucasian, and a male. He also insists that you fill the position within one week. You know, from personal experience, that when you advertise this job for only a week, only white male applicants will apply. Given your legal and ethical obligations in this situation (and wanting to keep your job), the best course of action for you to take would be:
a. place the ad, and hire a white male for the position within one week
b. tell your boss that the law requires that you place the ad for two weeks; do that, then hire the best of the applicants who apply
c. place the ad, but also review your saved resumes for this position from previous applicants, knowing that they are a diverse group; start calling them in for interviews immediately, and hopefully, hire someone within a week
d. quit and go find another job

9. Which of the following inclusions in a want ad would be least likely to be considered
discriminatory:
a. young persons wanted
b. recent college graduates wanted
c. servers/waitstaff wanted
d. recent high school graduates wanted
e. all of the above would likely be considered discriminatory

10. In Harrison v. Benchmark Electronics, a temporary employee was asked by his supervisor to apply for the job as a permanent worker. He did so, and took a pre-employment drug test, which was positive. The Medical Review Officer, upon learning that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court ruled that:
a. employers are permitted to make pre-employment medical inquiries prior to a conditional offer of employment
b. non-disabled applicants are not protected from pre-employment inquiries under the ADA
c. the firm had a legal right to ask questions about the drug use, but not to inquire about disability pre-employment
d. because the applicant had tested positive for drugs, the employer could lawfully proceed to ask questions regarding disability prior to making a conditional offer of employment

11. Of these possible means of recruitment, which has the greatest potential to be discriminatory?
a. use of an employment agency
b. nepotism or “word of mouth”
c. want ads
d. none of these

12. It is a violation of anti-discrimination laws to place a want ad indicating a preference based on:
a. race
b. religion
c. sex
d. national origin
e. all of these
f. none of these

13. Sex-linked job titles:
a. are always neutral
b. are never neutral
c. may be neutral, depending on the circumstances
d. none of these

14. Which of the following practices would be discriminatory?
a. placing an ad for a waitress
b. placing an ad for a waiter
c. placing an ad asking for “a recent college grad”
d. all of these
e. only a and b

15. Which of the following kinds of advertising is legally prohibited?
a. advertising a job opening in a foreign language newspaper
b. advertising a job opening inviting women and minorities to apply
c. advertising a job opening in a church bulletin
d. all of these
e. none of these

16. Which of the following statements is NOT true?
a. employers should advertise written job announcements to the public
b. anti-discrimination laws do not apply to employment agencies
c. an employer should preserve evidence, especially if it suspects a claim will be filed against it
d. word of mouth advertising is potentially discriminatory

17. Which of the following practices would be discriminatory?
a. using different kinds of application forms for different people applying for the same position
b. if an applicant seems an unlikely candidate, discouraging him from applying for the job
c. accepting applications for a position for only one week
d. all of these
e. a and b only

18. In order to prevent discrimination against applicants of protected classes, your colleague decides to note the protected class characteristic of the applicants on their applications. What would be your advice to her?
a. It’s a good idea. Noting the protected class characteristic of the applicant on the application which make sure that the firm takes extra care not to discriminate against these applicants.
b. It’s NOT a good idea. Noting the protected class characteristic of the applicant on the application could be construed as discriminatory.
c. As long as you do it in pencil, then erase it after you’ve made your hiring decision, you’ll be okay.
d. None of these

19. Which of the following is true regarding fraud claims?
a. they can be completely avoided by not saying anything
b. they differ from breach of contract claims primarily in the degree of harm suffered by the plaintiff
c. the false statement was made intentionally or with reckless disregard for the truth
d. if injury occurs, it doesn’t matter whether the false statement was made intentionally or unintentionally

20. Which of the following interview topics would be considered inquiries regarding an applicant’s medical condition?
a. previous injury
b. previous illness
c. current injury
d. previous workers’ compensation claims
e. all of these would be inquiries regarding a medical condition

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Use multiple recruiting mechanisms, rather than rely solely on one way of getting the word out about employment opportunities.

b. If applications are being accepted, then no individual wishing to apply should be discouraged from submitting an application.

c. For applicants that are not hired, application forms and other documents should be retained for at least one year from when the decision not to hire was made.

d. Whether on application forms, during interviews, or otherwise, employers should refrain from asking, directly or indirectly, about the protected class characteristics of job candidates.

e. Be careful not to present false or misleading information that a job candidate would reasonably rely on in accepting a job.

2. You have been hired by the owners of Brew & Beef, a local family owned restaurant. They would like to open a second restaurant (Brew & Beef II) across town and have asked your advice regarding the recruitment of employees. One of the owners and her sister will be managing the new site and they are transferring part of their chef staff to the new facility so they need your advice regarding the hiring of wait staff, bus staff, custodial help and kitchen help. Recent discrimination law suits have been in the news and they want things to go smoothly and legally. What advice would you give them?

CHAPTER 5

BACKGROUND CHECKS, REFERENCES, AND VERIFYING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Background checks may include all of these EXCEPT:
a. verifying past employment
b. checking driving records
c. obtaining prior health insurance claims information
d. confirming the candidate actually has required degrees, licenses, and the like

2. Under the common law doctrine of respondeat superior, employers are generally liable for the actions of their employees:
a. outside the scope of their employment
b. within the scope of their employment
c. if those actions are foreseeable
d. none of these

3. Regarding background checks, it is correct to say that:
a. no particular measure is required in all cases
b. employer should always follow their own procedures
c. inconsistencies and gaps in an applicant’s information must be tracked down
d. all of these are true

4. One defense to a claim of defamation is:
a. truth
b. falsity
c. negligence
d. careless hiring

5. Regarding references, which of the following statements is NOT true?
a. An employer has no duty to give a reference for a former employee.
b. An employer has a duty to give a reference for a former employee.
c. If an employer gives a reference, it must do so with due care.
d. All of these statements are true.

6. Match each term to its correct definition.

Respondeat superior the liability of an employer for the acts of its employee within the scope of the employment
Foreseeable reasonable anticipation of the possible results of an action
Qualified privilege an exemption from liability under certain conditions
Defamation a false statement which damages a person’s reputation
Consumer credit report a communication regarding a person’s credit standing and reputation

CHAPTER 5
BACKGROUND CHECKS, REFERENCES,
AND VERIFYING

MULTIPLE CHOICE QUESTIONS

1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. “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”

20. 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

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Background checks must be more extensive when hiring for positions in which unfit employees could do serious harm to others.

b. Employers should document all efforts to obtain information on job candidates, even when those efforts are not successful.

c. Former employers should verify the identities of persons seeking information about former employees, such as by requiring that requests be made on company letterhead.

d. Employers should consider, on an individual basis, the seriousness, job relatedness, and recentness of any criminal convictions before using them as grounds for denying employment.

e. For all persons hired, employers must view documents establishing identity and eligibility to work in the U.S. and record the documents examined on I-9 forms.

Answer: Immigration Reform and Control Act – This is the mechanism through with the Act’s prohibition against hiring undocumented workers is implemented.

2. You have been hired as the assistant director of a company’s Human Resource Department. The director calls you in and tells you that she is considering a suggestion to the Board of Directors that the company adopt a policy of refusing to give substantive information on employee references. She asks you if adopting such a policy makes sense. What advice will you give to her?

CHAPTER 6

EMPLOYMENT TESTING
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. Drug testing in employment is used:
a. prior to hiring
b. as part of medical exams
c. to verify that employees who have been through drug rehab programs are “clean”
d. all of the above

2. Regarding drug testing, which of the following statements is NOT true?
a. No one rule applies to employers uniformly.
b. Drug testing laws vary from state to state.
c. About 10 states grant employers the right to drug test at any time.
d. Random drug testing of union members is subject to their CBA.

3. With some exceptions for certain industries, public employers may not use random drug-testing because:
a. of their union collective bargaining agreement
b. it violates the U.S. Constitution’s 4th amendment
c. it is unfair
d. none of these; public employers may use random drug-testing

4. Pursuant to the Genetic Information Nondiscrimination Act of 2008:
a. Employers are required to genetically test their employees for insurance purposes.
b. Employers are forbidden from genetically testing their employees.
c. Employees must disclose their genetic information to their employers.
d. None of these

5. Polygraphs may be administered by employers:
a. pre-hire, to determine the honesty of the applicant
b. after a theft or other serious event
c. randomly
d. all of these statements are true

6. Match each term to its correct definition.

Medical examination for example, an HIV test
Chain of custody tracking the location of a sample from the time its taken
Four-fifths rule an EEOC rule of thumb
Banding grouping similar scores together and treating them similarly
Drug-Free Workplace Act a federal law which applies to firms that do business with the federal government

CHAPTER 6
EMPLOYMENT TESTING
MULTIPLE CHOICE QUESTIONS

1. 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

2. Drug testing may include samples of all of the following EXCEPT:
a. blood
b. saliva
c. hair
d. fingernails

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. For union employers, drug testing is:
a. prohibited
b. permitted only under certain conditions
c. a subject of mandatory bargaining
d. none of these

16. 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

17. 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

18. 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

19. 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

20. 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

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Supervisors should be well-trained at identifying signs of drug use and impairment.

b. Information about medications taken should be sought only after positive drug test results occur.

c. Drug testing programs should require confirmatory tests to verify positive results, provide for documentation of the chain of custody, use reputable labs and monitor their performance, and use a Medical Review Officer.

d. Employers should have evidence of validity for all of their tests, but must do so for tests that have discriminatory effects.

e. Content valid tests should be used to the extent feasible, but not to assess intangible characteristics and not for tasks that could readily be learned on the job.

2. Non-medical tests used for making employment selection decisions must be scored in some way. Name and discuss the various legal and illegal methods that employers utilize.

CHAPTER 7

HIRING AND PROMOTION DECISIONS
Online Quiz Questions

MULTIPLE CHOICE QUESTIONS

1. A “facially discriminatory policy or practice” is:
a. one that is discriminatory on its face
b. one that uses face recognition software to identify employees
c. one that is necessary to conduct business
d. all of the above

2. One defense to a claim of discrimination is:
a. Age Discrimination in Employment Act (ADEA)
b. bona fide occupational qualification (BFOQ)
c. a thorough background check
d. a collective bargaining agreement (CBA)

3. One employer refused to hire women with children under age 5, but did hire men with children under age 5. This is an example of what kind of case?
a. disparate impact
b. sex plus
c. retaliation
d. none of these

4. A person who was interviewed and hired, but the job offer was withdrawn before he/she began may have a cause of action for:
a. breach of contract
b. negligent hiring
c. promissory estoppel
d. all of these

5. The artificial barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing in their organization into upper management positions are known as:
a. luck of the draw
b. the glass ceiling
c. seniority
d. subjective criteria

6. Match each term to its correct definition.

Authenticity required for believability even though discriminatory
BFOQ discrimination which is reasonably necessary to the business
Sex-stereotyping for example, women as homemakers and men as fighters
Subjective criteria measures without clear standards, about which people may disagree
Promissory estoppel one who relies to his detriment may have this cause of action

CHAPTER 7
HIRING AND PROMOTION DECISIONS
MULTIPLE CHOICE QUESTIONS

1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. “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

15. 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.

16. 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

17. 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

18. 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

19. 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

20. 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

ESSAY QUESTIONS

1. Why is each of the following good legal advice?

a. Rather than use protected class characteristics to identify persons with desired abilities, employers should find more individualized means of assessing job-related abilities.

b. Employers must not exclude older employees from safety-sensitive jobs based on assumptions about health status, unless there is evidence that older employees pose greater risk and it is not feasible to adequately assess the health of individuals.

c. Employers must not establish employment requirements that apply to one protected class group but not others.

d. Employers should give substantial weight to subjective assessments only if they are specific and clearly grounded in statements or actions of job candidates.

e. Employers should, with the help of legal counsel, put employment offers in writing.

2. What rules and procedures should employers establish with regard to interviews of job applicants?