Deck 16: Performance Appraisals, Training and Development

Question 1

A high-level manager consistently received positive performance reviews from her immediate supervisor for four years.She earned bonuses,salary increases,and was promoted to the senior leadership team.Some thought her interpersonal skills could use some work,but this criticism was not emphasized.After a change in management,top managers grew more critical of her.She was passed over for promotion,the promotion being given to a male with less experience.Responsibilities were taken away,and she was dropped from the senior leadership team.A new (never-again used)9-point rating system was used,on which she earned the lowest possible score.The CEO said he wanted her out "legally," and asked "How do we explain this to a jury?" Managers explained there was little support for her among them,and she did not "fit." She sued for sex discrimination.The court should decide:

A)for the employer, finding that the employee had failed to meet performance requirements
B)for the employer, finding that the employee was not discriminated against
C)for the employee, finding that she had met all performance standards, while the complaints against her were mostly subjective
D)for the employee, finding that she was entitled to the promotion she had sought

Answer 1

C

Question 2

The forced distribution method regarding performance appraisals consists of:

A)setting a schedule mandating when particular departments or divisions would be evaluated over an extended period of time
B)evaluating protected classes within departments separately so that consistency within these groups can be maintained
C)requiring that predetermined percentages of employees be placed into particular performance categories
D)banding of performance appraisal results to create equality and negate the effect of statistical inconsistencies in the evaluation itself which might have led to potential discrimination

Answer 2

C

Question 3

In question # 3 above,evidence is introduced that the statute of limitations for filing an EEOC claim is 300 days in the state where the case was filed.Since the performance appraisals which were allegedly tainted by race were issued more than 300 days before the case was filed,the employer moves to dismiss the case,arguing that the statute of limitations has passed,the case has been filed too late.Based on this evidence,what should you decide?

A)the case should be dismissed because the statute of limitations has passed, and the case was filed too late
B)the case should be dismissed because the tainted evaluations triggered the employee's right to file a cause of action, and the case should have been filed within 300 days of the first tainted performance appraisal
C)the Motion to Dismiss should be denied because the employee's right to file a cause of action accrued when she was terminated, and not when a tainted performance evaluation was created
D)the Motion to Dismiss should be denied because the case of a termination based on tainted performance evaluations may be filed at any time

Answer 3

C

Question 4

Regarding the Drug-Free Workplace Act,which of the following is NOT true? The Act requires that:

A)all employers adopt a drug-free workplace policy
B)employers with drug policies inform their employees about the dangerous associated with drug use
C)employers with drug policies provide counseling and rehabilitation
D)employers with drug policies advise employees about the potential penalties for drug violations

Question 5

You are the judge hearing a Motion for Summary judgment filed by an employer in the case of an employee who has been terminated.The employee was the sole African-American customer service representative at the firm,who had a lengthy record of good evaluations.However,she received more negative evaluations over a period of three years after a new supervisor was hired,and the more stringent requirements applied to her were not applied to white employees.After 3 years,the employee was then selected for termination in a downsizing based on the previous 3 years' evaluations.Based on this evidence,what should you decide?

A)you should grant summary judgment for the employer because the termination was based on performance appraisals rather than race
B)you should grant summary judgment for the employer because a discrimination claim based on performance appraisals going back three years was no longer timely
C)you should allow the employee to go to trial because African-Americans disproportionately received low performance ratings in this company
D)you should allow the employee to go to trial because the termination was based on performance appraisals that were tainted by consideration of the employee's race
E)none of the above

Question 6

A 360 degree appraisal:

A)is conducted by the employee's superior and that superior's superior
B)is comprehensive and appraises performance, attitude and potential in a single evaluation
C)is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised
D)is an appraisal that consists of a required number of positive and negative performance ratings (i.e. - three best and three worst attributes) in various performance proficiencies

Question 7

Regarding the language to be used in performance appraisals:

A)the language, if negative, should be as forceful as possible to convey the negative evaluation
B)should be measured and professional, whether conveying a positive or negative appraisal
C)should use common terms, and pleasant language, so as to avoid claims of defamation
D)none of these

Question 8

Performance appraisals:

A)should cite specific instances of good or bad performance
B)should never contain language strongly criticizing an employee's performance
C)should consist primarily of numerical ratings because these are more objective
D)all of the above
E)none of the above

Question 9

Under Title VII,in cases of discrimination,punitive damages are:

A)available for intentional or unintentional discrimination resulting from ordinary negligence when an employer has violated an employee's federally protected right
B)available only for intentional discrimination resulting from mere indifference when an employer has violated an employees federally protected right
C)available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right
D)not allowed or available

Question 10

Regarding performance appraisals,which of the following statements is NOT true?

A)courts will review contested performance appraisals to determine whether or not they are correct
B)negative performance appraisals, by themselves, do not prove discrimination
C)employees who conduct performance appraisals should be trained in how to conduct them
D)a biased negative appraisal may constitute disparate treatment
E)none of the above

Question 11

Which of the following is NOT true regarding performance criteria and standards?

A)There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available
B)They must be applied consistently regarding employees, department and sections within the organization
C)They must be job related
D)They must be specific and objective

Question 12

Which of the following is true regarding performance appraisals?

A)most employers are legally required to conduct performance appraisals
B)employers may appraise some employees randomly and not others
C)performance appraisals are key pieces of evidence in many discrimination cases
D)an inaccurate performance appraisal, standing alone, always creates liability for the employer

Question 13

Under the ADA,performance appraisals for disabled persons:

A)cannot hold disabled persons to the same standards of performance as non-disabled persons
B)cannot consider any difficulties performing non-essential job functions
C)should assess job performance both with and without any reasonable accommodations
D)are not permitted because of the inherent disadvantage that certain disabled employees have when compared to non-disabled employees

Question 14

You are the crew supervisor of a group of men and women who clean offices for commercial office buildings in downtown Manhattan.Few of them speak or read English,and part of your job is to give them their instructions in Polish and Spanish,as the case may be.Your Spanish is pretty good,but your Polish is rudimentary at best.The firm you work for,Commercial Cleaning,LLC,has just switched cleaning agents to a highly effective,but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment,and requires complex and special handling.You're not even sure you could explain the instructions to the Spanish-speaking employees,let alone the Polish employees.You've raised the issue with your boss,who tells you not to worry about it.He said that even if the employees became ill by using the product,the illness would not show up for a long time,so there's no way to connect it with the firm.He refuses to provide instructions translated into Spanish and Polish,or latex gloves which are required for its handling.You have a choice.You know that some actions would put your employer first,some would put yourself first,and some your crew.Of the following actions,which would put your crew first?

A)Do nothing. The decision is out of your hands.
B)Try the best you can to explain to your crew, using gestures and pantomiming, how to use the new cleaning agent, and recommend that they get gloves. Hope that no one becomes ill.
C)Get a translation into Spanish and Polish of the complex instructions. Pay for it yourself. You don't want the consequences that might befall your crew on your conscience.
D)Report the firm anonymously using the OSHA hotline. Quit and get another job.

Question 15

A disabled employee was refused the opportunity to train on a new machine because her supervisor believed that her disability would make it impossible to operate the machine with acceptable speed.The court should decide:

A)Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory
B)The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine
C)The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job
D)all of the above
E)none of the above

Question 16

The "forced distribution method" of performance appraisals:

A)require that predetermined percentages of employees be placed into particular performance categories
B)often require that employees in the lower performance categories are subject to termination or are ineligible for bonuses and raises
C)may lead to claims of age, race or sex discrimination
D)all of these

Question 17

The most common performance criteria used includes all of these EXCEPT:

A)punctuality
B)quality of work
C)willingness to work two jobs
D)leadership
E)all of these are commonly used

Question 18

OSHA's hazard communication standard requires:

A)specific content and methodology regarding the training of employees in hazards that they might reasonably encounter on the job
B)that employers maintain material safety data sheets for all hazardous chemicals used in the workplace
C)that employers provide employees with information about evacuation routes and other emergency procedures
D)all of the above
E)none of the above

Question 19

As a new manager,you are delighted with your new job (and higher pay),but now it's time for the annual performance appraisals of the staff you supervise.Worse,you have been directed to downsize your department by 10%.Many of your colleagues have offered you advice as to how to proceed.Among the following,which would NOT be good advice?

A)use a forced distribution method of performance appraisal, which will help you achieve a 10% cut in department staff easily, and avoid legal claims
B)as you conduct the performance appraisals, speak gruffly to each employee, in order to prepare them for possible termination
C)make clear that no matter how well they have done their jobs, it is no guarantee that they will survive the cut; don't allow or answer any questions
D)none of these would be good advice
E)all of these would be good advice

Question 20

Which of the following statements regarding the timing of performance appraisals is true?

A)a negative performance appraisal given shortly before layoffs or terminations appears to be pretext
B)a negative performance appraisal given shortly after an employee has filed a charge against the employer appears to be retaliation
C)a positive performance appraisal given just prior to salary review may be grounds for raising an employee's salary
D)all of these are true

Question 21

1. Why is each of the following good legal advice?
Employers should be cautious in deciding whether to used forced distribution methods of performance appraisal

Question 22

1. Why is each of the following good legal advice?
Global performance ratings should be avoided,unless they are derived by combining ratings on more specific criteria

Question 23

1. Why is each of the following good legal advice?
It is highly advisable for employers to conduct performance appraisals and to maintain credible,written documentation of performance

Question 24

1. Why is each of the following good legal advice?
Time spent in training,even outside normal work hours,will usually have to be compensated

Question 25

1. Why is each of the following good legal advice?
Employers that have contracts with the federal government must create and maintain drug awareness programs for their employees

Question 26

Professor Jonathan has applied for promotion and tenure at a local university.He is required to compile a portfolio,evidencing his accomplishments and qualifications.This portfolio is then evaluated by his Departmental Promotion & Tenure Committee,consisting of tenured departmental members,who makes a recommendation to the Department Chair.The Chair makes a recommendation to the Dean,who then makes a recommendation to the University wide P & T Committee.The University Committee is made up of various faculty members from throughout the university,some of whom know Jonathan and some of whom don't.This committee makes their recommendation to the Provost who in turn makes a recommendation to the University President.The process ends when the President makes a recommendation to the Board of Trustees.Jonathan's portfolio travels from level to level and is reviewed prior to each recommendation.However,Jonathan is not permitted to address any of the decision makers during their review.Assuming that you can't change the number or order of steps in the review process,what are some of the concerns that need to be addressed in order to keep this system free from discrimination or other legal issue?