Question 1

Adverse impact refers to the possibility that a disproportionate number of protect class members may be rejected using a given predictor.

Accepted Answer

Adverse impact occurs when a particular selection method or predictor results in a disproportionate impact on a protected group, meaning that the group is significantly underrepresented in the selected group compared to the general population. This is a violation of equal employment opportunity laws.

Question 2

Employers protect themselves in the initial stages of contact with job applicants through the use of _______.
A) labor contracts
B) employment clauses
C) disclaimers
D) discharge policies

Accepted Answer

Disclaimers are often used by employers to specify that the initial stages of contact with job applicants do not create any contractual obligations or promise of employment. This protects the employer from any legal action that may arise if a job applicant claims that they were promised employment but were ultimately not hired. Labor contracts and employment clauses would come later and only if the job applicant is offered and accepts the job. Discharge policies are also not relevant in the initial stages of contact.

Question 3

Which of the following is the law that governs the collection of background check information for employment purposes?
A) Americans with Disadvantaged Access Act
B) Fair Credit Reporting Act
C) Personnel Reporting Statue of 1977
D) National Labor Rights Act

Accepted Answer

The Fair Credit Reporting Act (FCRA) governs the collection, use, and dissemination of consumer background check information for employment purposes. The other options mentioned are not relevant or do not exist.

Question 4

It is illegal to use pre-employment inquiry information that has a disparate impact on the basis of a protected characteristic, unless such disparate impact can be shown to be job-related and consistent with business necessity.

Accepted Answer

This is a principle of equal employment opportunity laws. Employers should avoid using pre-employment inquiry information that may have a discriminatory effect, such as questions about age, race, national origin, sex, religion, disability, genetic information, or marital status. If such information is used and has a disparate impact on protected groups, the employer may be liable for discrimination, unless the employer can show that the inquiries are job-related and consistent with business necessity.

Question 5

A statement that identifies the rights than an employer wishes to maintain for itself that often accompanies initial employment assessments is called a ____.
A) providential statement
B) disclaimer
C) waiver
D) requisition

Accepted Answer

A disclaimer is a statement that identifies the rights an employer wishes to maintain for itself and often accompanies initial employment assessments. A waiver refers to giving up certain rights, which may not be applicable in this context. A requisition refers to a formal request for something, which may not be applicable in the context of an employment assessment. Providential statement is not a recognized term in this context.

Question 6

Which of the following is a typical justification of a BFOQ involving sex that employers use?
A) One sex has an inability to perform the work.
B) Personal contact with others requires same sex.
C) Customers have a preference for dealing with one sex.
D) All of the above are potential justifications.

Accepted Answer

Bona Fide Occupational Qualifications (BFOQ) allow employers to hire employees based on characteristics that would normally be considered discrimination if those characteristics are reasonably necessary to the normal operation of a particular business. This includes scenarios where the nature of the job requires personal contact necessitating the same sex (e.g., dressing room attendants), or where a particular sex is essential to the job role, thus making all the options listed potential justifications.

Question 7

Examples of initial assessment methods that have moderate degrees of adverse impact against women and/or minorities include ______.
A) education level
B) quality of school
C) training and experience
D) all of the above are correct

Accepted Answer

All three options (education level, quality of school, and training and experience) can potentially have adverse impact against women and/or minorities. Education level and quality of school can disadvantage individuals who come from historically disadvantaged backgrounds, as they may not have had access to the same educational opportunities as others. Training and experience can disadvantage individuals who have faced systemic barriers to entering certain professions or industries. Therefore, all of these initial assessment methods should be reviewed carefully to ensure that they are not unfairly excluding qualified candidates from consideration.

Question 8

According to ADA, it is not permissible for employers to do which of the following at the pre-offer stage of assessment process?
A) Ask if the applicant has any disabilities.
B) Ask the applicant if he/she can perform the job, with or without reasonable accommodation.
C) Ask the applicant to demonstrate how they could perform the job.
D) None of the above are permissible.

Accepted Answer

According to ADA, it is not permissible for employers to ask if the applicant has any disabilities at the pre-offer stage of the assessment process. This is to prevent discrimination based on disability. However, employers are allowed to ask the applicant if they can perform the job, with or without reasonable accommodation, and to demonstrate how they could perform the job.

Question 9

Although arrest information may be gathered in the process of doing a background check, it cannot be used in staffing decisions.

Accepted Answer

It is illegal to use arrest information in staffing decisions due to anti-discrimination laws. However, information about convictions that are job-related can be considered.

Question 10

Title VII of the Civil Rights Act explicitly permits discrimination on the basis of sex, religion, or national origin if it can be shown to be a bona fide occupational qualification.

Accepted Answer

Title VII of the Civil Rights Act allows for discrimination based on sex, religion, or national origin if it can be shown to be a legitimate occupational qualification.

Question 11

The burden of proof is on employers to defend BFOQ claims.

Accepted Answer

According to the Equal Employment Opportunity Commission (EEOC), the burden of proof in defending BFOQ claims lies with the employer. This means that the employer must provide evidence to prove that the BFOQ is reasonably necessary for the normal operation of their business.

Question 12

Which of the following is true regarding pre-employment inquiries (PI)?
A) They have little potential for being used for discriminatory purposes in the assessment process.
B) Organizations rarely make inappropriate and illegal PIs.
C) It is critical for employers to understand the laws and regulations regarding PIs.
D) The emphasis in PIs is on the illegal collection of information.

Accepted Answer

It is critical for employers to understand the laws and regulations regarding PIs to ensure that they do not engage in illegal discrimination based on protected characteristics such as race, gender, age, religion, or disability. PIs have a high potential for being used for discriminatory purposes, and organizations must take care to avoid asking questions that could be seen as discriminatory. The emphasis in PIs is on gathering relevant and job-related information while avoiding discriminatory practices.

Question 13

The Americans with Disabilities Act states that employers may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to a person.

Accepted Answer

This is stated in the Americans with Disabilities Act (ADA) under the section titled "Preemployment Disability-Related Questions and Medical Examinations."

Question 14

Bona fide occupational qualifications are not of relevance to the initial assessment phase.

Accepted Answer

Bona fide occupational qualifications (BFOQs) are relevant even at the initial assessment phase because they define the essential qualifications necessary for a job, helping to determine which candidates meet the basic criteria for employment.

Question 15

Bona fide occupational qualification claims made on the basis of customer preferences are typically upheld by the courts.

Accepted Answer

Courts generally do not accept customer preferences as a valid reason for discrimination under the bona fide occupational qualification (BFOQ) exception, as it goes against the principles of equal employment opportunity laws.

Quiz 8: External Selection I

Adverse impact refers to the possibility that a disproportionate number of protect class members may be rejected using a given predictor.

Employers protect themselves in the initial stages of contact with job applicants through the use of _______.

Which of the following is the law that governs the collection of background check information for employment purposes?

It is illegal to use pre-employment inquiry information that has a disparate impact on the basis of a protected characteristic, unless such disparate impact can be shown to be job-related and consistent with business necessity.

A statement that identifies the rights than an employer wishes to maintain for itself that often accompanies initial employment assessments is called a ____.

Which of the following is a typical justification of a BFOQ involving sex that employers use?

Examples of initial assessment methods that have moderate degrees of adverse impact against women and/or minorities include ______.

According to ADA, it is not permissible for employers to do which of the following at the pre-offer stage of assessment process?