Deck 4: Recruitment

Question 1

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)an online posting

Answer 1

B

Question 2

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)advertising a job opening for Swedish people only

Answer 2

D

Question 3

A firm cannot be charged with discrimination if it uses an employment agency that screens applicants for it to eliminate any minority candidates.

Answer 3

False

Question 4

Which of the following practices would be discriminatory?

A)placing an ad in a metropolitan daily newspaper
B)placing an ad in a local newspaper
C)placing an ad asking for "a recent college grad"
D)placing an ad asking for someone with recent experience ​

Question 5

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?

Question 6

It is a violation of anti-discrimination laws to place a want ad indicating a preference based on:

A)high school graduation
B)GPA
C)languages spoken
D)national origin

Question 7

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)an ad may be placed online, but must also be in print media

Question 8

Sex-linked job titles:

A)are always neutral
B)are never neutral
C)may be neutral, depending on the circumstances

Question 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

Question 10

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

Question 11

An ad for a job opening that asks for "a recent college grad" is illegal.

Question 12

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

Question 13

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, as it takes time for word of the opening to be widely dispersed. 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

Question 14

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)foreign nationals must supply proof of citizenship

Question 15

A landscaping company stops by the Home Depot store every morning to recruit day laborers, a practice which is entirely legal.

Question 16

Determining whether discrimination has occurred during 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

Question 17

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

Question 18

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)the protected class composition of the geographic area

Question 19

In NAACP v. North Hudson Regional Fire & Rescue , the NAACP sued the North Hudson fire department for disparate impact discrimination because the fire department required that potential firefighters live in North Hudson. In North Hudson, only 3% of the population was African-American, while in the Tri-county area, 37.4% of protective services workers were African-American.  North Hudson claimed that residency was a business necessity.  The court ruled: ​

A)for the NAACP, because there were less discriminatory means of achieving the fire department's goals
B)for the NAACP, because  the fire department intentionally discriminated based on race
C)for the North Hudson Fire Department, because it was reasonable to require firefighters to live in the city so that they were familiar with streets and buildings
D)for the North Hudson Fire Department, because the NAACP had not proved a prima facie case of discrimination

Question 20

Unless there is direct evidence of a discriminatory hiring practice, the employer cannot be proven to have discriminated.

Question 21

Which of the following practices would be discriminatory?

A)using the same application form 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)accepting applications for a position only from online submissions

Question 22

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.

Question 23

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

Question 24

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? ​

Question 25

Which of the following interview topics would NOT be considered inquiries regarding an applicant's medical condition?

A)The question, "Have you ever been injured?"
B)The question, "Have you ever been ill?"
C)The question, "How are you?"
D)The question," Have you ever filed a worker's compensation claim?"

Question 26

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