Deck 3: Legal Issues in Employee Selection.

Question 1

The Civil Rights Act has also been interpreted by the courts to cover such issues as sexual harassment, age harassment, and race harassment. These issues are related to the organization's:

A) structure
B) hiring practices
C) atmosphere
D) policies

Answer 1

C

Question 2

In determining if an employment decision is legal, the first question to ask is "does the employment practice directly refer to a member of a federally protected class? Which of the following is NOT a federally protected class?

A) Sexual orientation
B) Religion
C) Color
D) All are protected classes

Answer 2

A

Question 3

In which of the following ADR methods does a neutral third-party make a decision that both sides must abide by?

A) Binding arbitration
B) Nonbinding arbitration
C) Mediation
D) Negotiation

Answer 3

A

Question 4

In the past few years, about _____ discrimination complaints were filed with the Equal Employment Opportunity Commission.

A) 90,000
B) 500,000
C) 950
D) 10,000

Question 5

Unlike the Fourteenth Amendment, for an employment practice to be potentially illegal under the Civil Rights Act, the discrimination does not have to:

A) be continuous
B) be intentional
C) effect large groups
D) show past discrimination

Question 6

If a law is passed at the federal level, states may pass laws that _____ the rights granted in the federal law, states may not pass laws that will _____ the rights granted in the federal law.

A) diminish / expand
B) expand / change
C) diminish / change
D) expand / diminish

Question 7

The EEOC usually handles alleged violations of:

A) state laws
B) federal laws
C) county laws
D) none of these

Question 8

In the 1989 case of Walker v. Secretary of the Treasury, a district court found that a darker skinned black illegally fired a lighter skinned black employee. Which of the following protected classes were at issue in this case?

A) Age
B) Disability
C) Race
D) Color

Question 9

_______ is a judicial interpretation of a law and is important because it establishes a precedent for future cases.

A) A statute
B) Case law
C) A briefing
D) A sanction

Question 10

The 1964 Civil Rights Act (Title VII) and its 1972 and 1991 amendments cover:

A) unintentional discrimination
B) race, color, sex, religion, national origin
C) companies with 15 or more people
D) all of these

Question 11

In order for a case of discrimination to be investigated by the EEOC, the complaint must be filed within _____ days of the discriminatory act.

A) 120
B) 140
C) 160
D) 180

Question 12

It is illegal to use an individual's religion in an employment decision unless the nature of the job involves:

A) national security
B) religion
C) the public sector
D) the private sector

Question 13

The "equal protection" clause of the Fourteenth Amendment mandates that no state may deny a person equal protection under the law. Because any suite filed under the Fourteenth Amendment must demonstrate ______, it is not often used.

A) intent
B) past discrimination
C) equal protection
D) due process

Question 14

The first step in the legal process is for some legislative body to:

A) get sued
B) receive a complaint
C) pass a law
D) take a vote

Question 15

When the courts make a decision, the decision becomes:

A) final
B) moot
C) case law
D) a statute

Question 16

"English only" requirements at work are:

A) always illegal
B) always legal
C) are legal if they are job related
D) legal if most of employees only speak English

Question 17

All employees at Wally World Amusement Park are required to work on weekends because that is when 80% of the customers visit the park. Alex likes to go to church on Sunday morning and asks that he not have to work on Sunday. Must the park accommodate his request?

A) Yes, religious accommodations must always be make
B) No, because going to church in the morning is a preference and he can go in the evening
C) No, private sector organizations are not required to accommodate days of worship
D) Yes, preferences for days and time of worship are protected

Question 18

Based on the Civil Rights Acts of 1866, 1964, and 1991 as well as the 14th Amendment, it is illegal to discriminate against a person based on race. According to Congress, all of the following are protected races except:

A) African Americans
B) Asian Americans
C) Native American Indians
D) all three of these are protected races

Question 19

The Age Discrimination in Employment Act (ADEA) forbids an employer from discriminating against an individual over the age of:

A) 35
B) 40
C) 45
D) 50

Question 20

According to the Lilly Ledbetter Fair Pay Act, an employee filing a discrimination complaint with the EEOC regarding pay discrimination, has 180 days from when she:

A) was hired
B) received her last pay check
C) was told of her salary
D) discovered she was underpaid

Question 21

_______ means a particular employment decision results in negative consequences more often for members of one protected group than for another.

A) Adverse impact
B) Bad faith dealings
C) Disparate treatment
D) Bona fide occupational qualification

Question 22

If a disability keeps a person from performing the _______ of a job, the person does not have to be hired or retained.

A) marginal functions
B) essential functions
C) remote functions
D) standard functions

Question 23

If ____ White applicants and ____ Black applicants were hired, adverse impact would occur.

A) 35 of 50 / 12 of 20
B) 15 of 50 / 2 of 25
C) 12 of 24 / 11 of 25
D) 12 of 20 / 35 of 50

Question 24

For adverse impact to have practical significance, the minority selection ratio must be less than ____ percent of the majority selection ratio.

A) 50
B) 30
C) 80
D) 75

Question 25

Sexual harassment results in:

A) decreased productivity
B) increased absenteeism
C) increased turnover
D) all of these are results

Question 26

If a job can only be performed by a person in a particular class, the requirement is considered:

A) a BFOQ
B) restrictive
C) discriminatory
D) to be none of these three choices

Question 27

Asking a coworker out on a date is sexual harassment if:

A) he/she is not interested
B) the request is made several times
C) both options must occur
D) either of the two options occurs

Question 28

Which of the following is not an important factor in filing a complaint of age discrimination?

A) you are at least 40
B) a younger person was hired to replace you
C) you were a good employee
D) all three are important factors

Question 29

Which of the following can establish practical significance for adverse impact?

A) Standard deviation test
B) Four-fifths rule
C) McDonnell Douglas standards
D) Chi-square analysis

Question 30

Which of the following types of harassment are NOT illegal?

A) Age
B) Sexual
C) Racial
D) All three types are illegal

Question 31

Though Congress did not provide a list of disabilities, it did define disability in part as "being regarded as having such an impairment." Which of the following "disabilities" would qualify under this part of the definition?

A) blindness
B) severe burns
C) asthma
D) recovering alcoholics

Question 32

In a quid pro quo case of sexual harassment, ____ sexual advance(s) must have been made.

A) two
B) no
C) one
D) at least three

Question 33

The courts have clearly ruled that a customer's satisfaction and/or preference ________ used to determine if a job requirement is a BFOQ.

A) should be
B) must be
C) cannot be
D) the courts haven't ruled on this issue

Question 34

An employment practice resulting in adverse impact may still be legal as long as:

A) the test used was job related
B) there was no intent to discriminate
C) neither of the two options is true
D) both of the options are true

Question 35

Though Congress did not provide a list of disabilities, it did define disability in part as "having a record of such impairment." Which of the following "disabilities" would qualify under this part of the definition?

A) blindness
B) severe burns
C) asthma
D) recovering alcoholics

Question 36

The _______ is thought to be the most important piece of employment legislation since the 1964 Civil Rights Act.

A) Sexual Preference Fairness Act
B) Equal Pay Act
C) Americans with Disabilities Act
D) Vietnam-Era Veterans Readjustment Act

Question 37

Nagy Industries is considering reserving the best parking spots for employees who are 7 months pregnant. Is this legal?

A) No, giving preference would violate the Pregnancy Discrimination Act
B) No, pregnancy can not be treated better than other short term disabilities
C) Yes, pregnancy can be treated better than other short term disabilities
D) Yes, the Pregnancy Discrimination Act requires companies to provide accommodations

Question 38

Which of the following components of a sexual harassment policy would be illegal?

A) All complaints must be investigated
B) The punishment must be severe
C) Complaints must be kept confidential
D) All of three are legal and good policy

Question 39

A supervisor offering a promotion in exchange for sex would fall under the ______ form of sexual harassment.

A) BFOQ
B) quid pro quo
C) sine quo non
D) hostile environnent

Question 40

Based on the material presented in your text, which of the following is NOT an exception to the requirement of determining that an employment practice is job related?

A) National security
B) Bona fide seniority system
C) Veteran's preference rights
D) All three of these are exceptions

Question 41

Research has indicated that employees hired due to affirmative action programs are perceived by coworkers as:

A) lucky
B) more competent
C) equally competent
D) less competent

Question 42

What are the four common reasons for affirmative action plans?

Question 43

A test asking questions about sexual orientation or belief in God might be illegal due to:

A) invasion of privacy
B) adverse impact
C) tort law
D) low reliability

Question 44

Which of the affirmative action strategies would involve an employer changing the company policy or the way an organization is decorated?

A) Identification of discriminatory practices
B) Preferential hiring and promotion of minorities
C) Recruitment of minority applicants
D) Recruiting through employee referrals

Question 45

Organizations have affirmative action plans for one of four reasons. Which of the following is NOT one of the four reasons?

A) Labor union agreement
B) Desire to be a good citizen
C) Court order
D) Consent decree

Question 46

What are the three major affirmative action strategies?

Question 47

When rendering decisions involving the 4th Amendment, as it applies to drug testing,courts have based their decisions on all of the following factors except:

A) reasonable suspicion of drug use
B) adverse impact
C) safety and trust of the public
D) the opportunity to retest a specimen

Question 48

There are several affirmative action strategies an employer could use. If an employer advertised in magazines and newspapers with a minority readership, it would be using which of the following strategies?

A) Identification of discriminatory practices
B) Preferential hiring and promotion of minorities
C) Recruitment of minority applicants
D) Recruiting through employee referrals

Question 49

Which of the following populations is used to statistically determine discrimination?

A) Area population
B) Qualified work force
C) Control group population
D) National census data

Question 50

What are the five key issues in determining the legality of an affirmative action plan involving preferential hiring or promotion of minorities?

Question 51

What are the federally protected classes?

Question 52

What employment practices are most subject to invasion of privacy issues?

Question 53

The ______ protects against unreasonable search and seizure.

A) Fourth Amendment
B) Fifth Amendment
C) Fourteenth Amendment
D) 1964 Civil Rights Act (Title VII)

Question 54

What are the two types of sexual harassment?

Question 55

AT&G does not have any female employees. Ann Smith applied for a job as a machine operator. Though she did not obtain the minimum score of 40 on the machine operator test, AT&G plans to hire her as part of their new affirmative action plan. There are 10 men who passed the test who did not get hired. Is this legal?

A) No, an applicant must be qualified to be given preference based on gender or race
B) No, preference is never allowed
C) Yes, because AT&G has no women employees, they can do this
D) Yes, because they are only changing their rules for one person, this would be a reasonable plan

Question 56

Employees using FMLA must:

A) be given paid leave
B) have at least 5 years of tenure
C) give 30 days notice when possible
D) all three of these are true

Question 57

Allowing employees to _________ removes the right of the organization to search the lockers.

A) place their own locks on lockers
B) place their name on the lockers
C) sign a waiver
D) organizations can never search lockers

Question 58

The case law most pertinent to privacy issues and psychological testing is:

A) Soroka v. Dayton Hudson
B) Oncale v. Sundowner Offshore Services
C) Griggs v. Duke Power
D) Harris v. Forklift Systems

Question 59

With a _______, the agency agrees with a judge that it has not hired or promoted enough members of a protected class and is willing to make changes.

A) labor union agreement
B) desire to be a good citizen
C) court order
D) consent decree

Question 60

Jean is the 2nd highest paid employee at Reilly, Inc. She has worked there 3 years and wants to take 4 weeks of unpaid leave to have a baby. She gave the company 45 days notice but they rejected her request. Under the FMLA, the company can do this because she:

A) is a key employee
B) hasn't worked at the company long enough
C) asked for too much leave
D) did not give the required amount of notice