Deck 3: The Legal Context

Question 1

Which of the following are employees of a company who take on the operation of certain functions,or staff an entire office or factory on a contractual basis for a client or company?

A) contingent workers
B) at-will employees
C) leased workers
D) independent contractors

Answer 1

C

Question 2

Executive Order 11246 prohibits discrimination and establishes affirmative action to promote diversity.

Answer 2

True

Question 3

Employment-at-will is an employment relationship which ________.

A) allows either the employee or employer to terminate the employment at any time
B) offers blanket protection to employers for all employee discharges
C) allows an employer to terminate employment only for a just cause
D) offers employees a contract for a definite term of employment

Answer 3

A

Question 4

Complying with staffing laws enhances an organization's ability to appeal to a broader customer base.

Question 5

Seasonal employees are employees hired to work only during a particular part of the year.

Question 6

An independent contractor performs services and the employer controls or directs only the result of the work.

Question 7

Which of the following is true for employment contracts?

A) To be enforceable, an employment contract must be in writing.
B) An oral contract is implicit, while a written contract is explicit.
C) They give employees the upper hand in the employment relationship.
D) An implicit contract is not specified in a written or verbal contract.

Question 8

Disparate impact occurs when an action has a disproportionate effect on a protected group,regardless of intent.

Question 9

Which of the following was declared illegal by the Taft-Hartley Labor Act?

A) open shop
B) union shop
C) agency shop
D) closed shop

Question 10

Anyone who submits a resume or an employment application over the Internet is considered an applicant.

Question 11

Someone who provides their services to a firm as part of an independent business is considered an employee of that firm.

Question 12

Seniority-based promotions make leadership competencies important hiring criteria even for lower-level positions.

Question 13

Affirmative action plans give preferential treatment to the qualified applicant on a permanent basis.

Question 14

It is legal to compare an applicant's scores only to members of his or her own racial subgroup and set separate passing or cutoff scores for each subgroup.

Question 15

In a mixed motive case of disparate treatment,the employer is accused of having both a legitimate and an illegitimate reason for making the employment decision.

Question 16

Contingent workers are part of a company's core workforce.

Question 17

Facially neutral means that all employees and applicants are treated consistently,regardless of their protected characteristics,such as their sex and race.

Question 18

Which of the following is true of a "closed shop"?

A) Employers encourage unions to form.
B) Employees need not remain union members after they are hired.
C) No non-union workers are employed.
D) Employees must give up union membership once employed.

Question 19

Employers are not liable for the acts of their employees during the time of their employment.

Question 20

Any employee of a temporary agency working at another company's place of business is not entitled to receive benefits from the company.

Question 21

Which of the following is a characteristic of independent contractors?

A) They have a continuous relationship with the employer.
B) They do not receive benefits from the employer.
C) They control the processes and results of their work.
D) They do not pay their employment taxes, the employer does.

Question 22

Comparing the percentage of men,women,or minorities employed in a job category with their availability in the relevant population of qualified people interested in the position is an example of a ________.

A) bona fide occupational qualification
B) concentration statistic
C) flow statistic
D) stock statistic

Question 23

A hotel chain that is recruiting front desk receptionists receives 200 applications from males and 100 applications from females.100 out of 200 men are hired and 25 out of 100 women are hired.Which of the following statements is true of the hotel chain's hiring policy?

A) There is evidence of a disparate impact of the hiring process on males as a group.
B) There is evidence of a disparate impact of the hiring process on females as a group.
C) There is no evidence of any disparate impact.
D) There is evidence of disparate impact against both males and females.

Question 24

Department store BigTen refused to hire Max because of his religion.The store is in violation of ________.

A) the WARN Act
B) the USERRA of 1994
C) Title VII of the Civil Rights Act of 1964
D) the VEVRAA Act of 1974

Question 25

Comparing the percentages of men,women,or minorities in various job categories to see if men,women,or minorities are disproportionately represented in certain workforce categories is an example of a ________.

A) hiring yield statistic
B) concentration statistic
C) flow statistic
D) stock statistic

Question 26

Comparing the percentage of applicants hired from different subgroups to determine if they are significantly different from each other is an example of a ________.

A) BFOQ
B) concentration statistic
C) flow statistic
D) stock statistic

Question 27

What is the best conclusion given the following information about research technicians employed in the scientific wing of a pharmaceutical organization? Females comprise 60 percent of the current workforce and 50 percent of the relevant population (research technicians)and males comprise 40 percent of the current workforce and 50 percent of the relevant population.

A) There is a disparate impact on males as research technicians.
B) There is a disparate impact on females as research technicians.
C) There is no evidence of disparate impact among research technicians.
D) There is evidence of disparate impact against both males and females as research technicians.

Question 28

The WARN Act of 1988 applies to ________.

A) employers with up to 100 employees, not including part-time workers
B) regular local, federal, and state government entities that provide public services
C) private, public, and quasi-public entities which operate in a commercial context
D) employers with employees who work less than 20 hours per week

Question 29

If a company makes promises to a recruit that it does not intend to keep,it could be found guilty of ________.

A) negligent hiring
B) negligent referral
C) fraudulent recruitment
D) violating the WARN Act

Question 30

Mrs.Peters filed a complaint against her employers for firing her.She admitted to being late to work five days in a month but she claimed that she was fired on the grounds of being a female employee.This is an example of ________.

A) fraudulent recruitment
B) mixed motive case
C) adverse impact
D) negligent hiring

Question 31

A manager only hires Hispanic women as secretaries.This is an example of ________.

A) disparate treatment
B) disparate impact
C) negligent hiring
D) sexual harassment

Question 32

The Uniformed Services Employment and Reemployment Rights Act ________.

A) ensures that members of the uniformed services can return to their civilian employment after their service ends
B) ensures that veterans are equally represented in the workforce
C) provides job training to members of the uniformed services to assist them in transitioning to civilian jobs
D) requires that a job board be maintained for the sole use of veterans transitioning to civilian jobs after their service ends

Question 33

The Age Discrimination in Employment Act of 1967 protects people ________.

A) 30 years of age or older
B) 40 years of age or older
C) 50 years of age or older
D) 60 years of age or older

Question 34

When a competing hospital calls for an employee recommendation,a hospital manager fails to disclose negative information about a previous employee who was discharged for improper and reckless behavior toward a patient.This could be an example of ________.

A) negligent hiring
B) negligent referral
C) fraudulent recruitment
D) violating the WARN Act

Question 35

A company fails to do a background check that would have revealed that a person it has hired has the potential to harm others.The employee then physically harms a customer during a disagreement.The company could be found guilty of ________.

A) negligent hiring
B) negligent referral
C) fraudulent recruitment
D) violating the WARN Act

Question 36

The WARN Act relates to which of the following?

A) recruiting
B) selecting
C) negotiating
D) layoffs

Question 37

A BFOQ is a(n)________.

A) requirement for establishing a case of discrimination
B) exception to employment-at-will relationship
C) characteristic that is essential to the performance of an employment function
D) analysis of a firm's competitive advantage

Question 38

Affirmative action means ________.

A) proactive efforts to ensure nondiscriminatory results in employment practices
B) employment practices are designed and used in a "facially neutral" manner
C) employers must meet quotas to ensure employee diversity
D) protection for employees against retaliatory discharge

Question 39

If 33 percent of Hispanics are hired,42 percent of whites are hired,and 50 percent of blacks are hired,disparate impact has occurred against ________.

A) Hispanics
B) whites
C) Hispanics and whites
D) None of the groups

Question 40

Which of the following is true for affirmative action plans?

A) An affirmative action plan should not be remedial in nature.
B) An affirmative action plan should exclude all nonminorities.
C) An affirmative action plan should be temporary.
D) An affirmative action plan does not need to be formalized.

Question 41

When Mary hires someone because they share the same interests,which of the following has occurred?

A) stereotyping
B) like-me bias
C) prejudice
D) hiring manager bias

Question 42

What are quota staffing systems and how are they used?

Question 43

Dylan worked for Sun Pharmaceuticals as a scientific research assistant.He quit the company and joined Kip Pharma Industries as a senior researcher.Sources at Sun discovered that Dylan had sold some trade secrets belonging to the company to Kip Pharma.In this situation,which of the following statements is true?

A) Sun Pharmaceuticals can litigate against Dylan for trade secret violation.
B) Kip Pharma can sue Sun Pharmaceuticals for allowing Dylan to quit.
C) Dylan can sue Sun Pharmaceuticals for causing him financial loss.
D) Kip Pharma can sue Dylan for trade secret violation.

Question 44

Construct a scenario in which a fired employee can bring the mixed motive case against an employer without directly proving any discrimination.

Question 45

What is affirmative action? What is an affirmative action plan?

Question 46

The Equal Employment Opportunity Commission imposed compensatory damages on Czar Microsystems Pvt.Ltd.for discriminating against an employee on the basis of their age.Czar defended itself by claiming to be unaware of any such law.This is a(n)________ defense.

A) erroneous
B) stereotyping
C) prejudice
D) ignorance

Question 47

How is at-will employment best used by employers?

Question 48

Compare and contrast outsourcing to independent contracting from the perspective of a company that needs to fulfill an order within a short duration.Which method is better if the company in question is using an innovation-based low-cost strategy?

Question 49

"All men are strong" is an example of which type of bias?

A) like-me bias
B) stereotyping
C) prejudice
D) ignorance