Deck 4: Legal Construction of the Employment Environment

Question 1

To date, no state has enacted a law prohibiting genetic testing in the workplace.

Answer 1

False

Question 2

Margo, an African American female, applied for a job as a drug and alcohol counselor with Roderick County. She was told she had to pass an exam to be considered for the position. The exam tested math and reading proficiency. Margo did not pass the exam and was not hired, despite having worked for 10 years as a drug and alcohol counselor in another county. African American applicants passed the exam at a significantly lower rate than White and Asian applicants. Margo has a claim for

A) disparate treatment discrimination because the County administered an eligibility test that was not job-related.
B) disparate treatment discrimination because the County administered an ineligibility test that was not job-related.
C) disparate impact discrimination because the County administered an eligibility test that was not job-related.
D) disparate impact discrimination because the County administered an ineligibility test that was not job-related.

Answer 2

C

Question 3

Bob's Painting Service hired 3 temporary workers through Deb's Temps. Bob didn't ask if back ground checks had been done on the employees. Deb did not check the criminal records for the workers hired by Bob. One of the workers, Joe Herrington, had been convicted of rape and had just recently been released from prison. While working for Bob, Joe attacked and raped the owner of the home that was being painted. The owner sued Bob.

A) Bob is not liable because Joe was a temporary worker hired though Deb's Temps.
B) Bob may be liable because he did not make sure that adequate back ground checks had been done for the workers he hired.
C) Bob is not liable because Joe was not acting within the course and scope of his employment.
D) None of the choices are correct.

Answer 3

B

Question 4

An employer can be subjected to liability for defamation for including false and defamatory statements in an employee's performance appraisal if that information is communicated to a third party and it harms the employee's reputation.

Question 5

Woodberry Furniture Industries was accepting applications for employment. The application included a question asking whether the applicant had ever filed a workers compensation claim and a question asking if the applicant had a disability.

A) Questions on the application about prior workers compensation claims are allowable.
B) Questions on the application about physical disabilities are allowable.
C) Applicants cannot be asked about prior workers compensation claims or physical disabilities on the application.
D) Employers can ask any question deemed necessary to gather all the relevant information on a written application.

Question 6

A workplace substance abuse program should incorporate:

A) a written abuse policy that has been drafted after input from employees.
B) an employee education and awareness program.
C) a supervisory training program.
D) all of the above.

Question 7

Marilyn was employed at the Quick Stop. She was fired for allegedly stealing from the cash draw. Marilyn denied taking the money. She applied for another position at the local Food Mart. When asked why she left her last job, she explained that her manager fired her for stealing; however, she continued to deny stealing the money. Marilyn did not get the job at the Quick Mart. She contacted a lawyer to discuss her options.

A) Marilyn does not have a cause of action against Quick Stop for defamation because her reputation has not been harmed.
B) Marilyn does not have a cause of action against Quick Stop for defamation because she told the manager at Food Mart about the allegations.
C) Marilyn has a cause of action for defamation against Quick Stop because she was forced to repeat the defamatory remarks to her prospective new employer.
D) Marilyn has a cause of action for defamation because the manager at Quick Stop would have provided the information if he had been asked for a reference.

Question 8

Reducing workplace injury, deterring poor performance, and reducing employers' legal and financial liability are reasons employers use

A) ineligibility testing
B) eligibility testing
C) nepotism
D) word-of-mouth recruiting

Question 9

The Americans with Disabilities Act requires employers to engage in affirmative action in order to accommodate the needs of qualified, disabled employees.

Question 10

Glowing Hair Products, Inc. interviewed Andaleeb Fayad for the position of Marketing Manager. During the interview, the vice president for marketing asked Ms. Fayad about the origin of her first name, if she was married and if she planned to have children.

A) These questions are prohibited by federal law because they concern national origin or ethnicity, marital status and sex/gender.
B) These questions are not prohibited by federal law but they could be used as evidence of discrimination because they are not job related.
C) These questions are not prohibited by federal law but there is no risk of liability if all applicants are asked the same questions.
D) None of the choices are correct.

Question 11

Content validation is based on a careful job analysis that identifies important tasks behaviors, and knowledge that the job requires.

Question 12

The Drug-Free Workplace Act of 1988 authorized drug testing of federal and state employees and private sector employers who have 25 or more employees.

Question 13

An employer can be liable for negligent performance evaluation if he/she fails to use reasonable care in conducting a performance evaluation.

Question 14

Employers should not ask about gender on an application unless the information is necessary for a bona fide occupational qualification.

Question 15

If an employer relies only on ________ to meet its hiring needs, it may be subject to a claim of disparate impact discrimination.

A) word-of-mouth recruiting.
B) venue recruiting.
C) walk-in applications.
D) all of the above.

Question 16

Prita has worked for Milton Publishing, a large publishing company for 15 years as a staff editor. She is contacted by Sonnet Publishing, a small publishing company. Sonnet would like Prita to interview for a job opening. During the interview, the CEO of Sonnet offers Prita the Chief Editor position at $200,000 more per year than her current salary. This is a significant promotion for Prita, so she accepts the new job. After three months on the job, the CEO announces that the company will be closing. Prita learns that the CEO knew when he offered her the job that the company would be going out of business, but the company only needed her to complete projects Sonnet was contractually obligated to complete before closing its doors. Prita has

A) no cause of action because the CEO did not lie to her.
B) a cause of action for negligent hiring.
C) a cause of action for fraud.
D) a cause of action for defamation.

Question 17

The Fair Credit Reporting Act requires that employers obtain written authorization from applicants before obtaining their credit reports.

Question 18

Federal law requires that employers document the reasons for failing to hire a specific applicant.

Question 19

Title VII exempts professionally developed employment eligibility tests from claims of disparate impact discrimination as long as the test is not designed to discriminate against a member of a protected class.

Question 20

Regarding ineligibility testing, an employer may establish

A) mandatory testing, probable cause testing, and random testing.
B) mandatory testing and probable cause testing.
C) mandatory testing only.
D) probable cause testing only.

Question 21

Tyler was employed at the local grocery store, Food World. The store manager, Jeff Searcy, discovered that there were several cartons of cigarettes missing. He had reason to believe that Tyler took the cigarettes. Jeff asked Tyler to take a polygraph test and Tyler refused, claiming that he did not steal the cigarettes. Tyler also reminded Jeff that he did not have a key to the case where the cigarettes were kept. Jeff fired Tyler because he refused to take the polygraph test.

A) Tyler has a cause of action against Food World for wrongful discharge because his refusal to take the polygraph test cannot be the basis for termination of his employment without more evidence, and he did not have access to the cigarettes.
B) Tyler does not have a cause of action against Food World because refusal to take the polygraph test is grounds for dismissal.
C) Tyler does not have a cause of action against Food World because he is an employee-at-will and can be fired for no reason.
D) None of the choices are correct.

Question 22

In order to avoid liability for the negligent hiring of a dangerous individual, the law imposes a duty on an employer to:

A) take all the steps expected of a reasonable person in similar circumstances.
B) take all steps necessary to exhaust all sources of information about a prospective employee.
C) exhaust all sources of information about a prospective employee.
D) require all prospective employees to certify that they have never been convicted of a crime.

Question 23

Steve Murphy is the Human Resources Manager at Duncan's Tires. He has heard a rumor that Arthur Bailey has HIV-AIDS. Arthur is employed as a mechanic and his job duties include putting on new tires and changing the oil in a routine car service. Steve called Arthur into his office and informed him that he would have to take an HIV test. Arthur told Steve there was no need for the test, that he was HIV positive. Steve told Arthur that he hated to do it, but he was going to have to terminate his employment, effective immediately.

A) Arthur is an employee-at-will and has no cause of action for wrongful discharge.
B) Arthur's termination is justified because he did not inform Steve that he was HIV positive.
C) Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job.
D) Arthur's termination is not a violation of the Americans with Disabilities Act because he did not inform his employer as required by the Act.

Question 24

To avoid liability for negligent hiring, an employer must

A) conduct a reasonable background check that would disclose information sufficient to determine whether the applicant is fit for the job.
B) check the applicant's references.
C) verify the information provided by the applicant on the application.
D) All of the choices are correct.

Question 25

The Drug-Free Workplace Act of 1988

A) authorized the drug testing of federal employees under certain circumstances
B) authorized the drug testing of private employees
C) prohibited preemployment screening of job applicants
D) All of the choices are correct.

Question 26

Weber has been arrested four times for, and convicted twice of fraud. He is hired as a teller by Port Alice State Bank. He consistently underpays customers making large withdrawals, and keeps the unpaid funds for himself. When a customer attempts later to recover her unpaid funds from Weber, she discovers that Weber has disappeared. Port Alice State Bank will

A) not incur liability since it is not liable for the crimes of its employees.
B) not incur liability since it will be unable to recover from the now absent Weber.
C) be liable to the customer only if it can be shown that the bank had knowledge of Weber's past.
D) be liable to the customer, because it has negligently hired a thief.

Question 27

A Five Star restaurant called "The Eating Room" put the following advertisement in the local newspaper: "Waiters needed. Experience required. Must look good in tuxedo." Ella Hardy applied for the job and was rejected even though she had experience working in a Five Star restaurant and she thought she would look good in a tuxedo.

A) This advertisement violates no federal or state laws on recruitment and Ella has no basis for a cause of action against the restaurant.
B) Ella can file a claim with EEOC because the ad contains language indicating a preference based on sex.
C) Ella cannot file a claim because she was not told she was rejected because she was female.
D) None of the choices are correct.

Question 28

When an employer is asked for a reference for a former employee, the employer

A) has a duty to respond
B) has no duty to respond, but if he/she responds, the reference must be truthful and honest
C) can only respond if the former employee has signed a waiver authorizing release of confidential information
D) should carefully develop a response that will not subject the employer to liability for defamation, even if that means leaving out relevant information about the former employee

Question 29

Roxanne is a white female with a hearing impairment. She has worked as a social worker for her employer for 3 years. In her recent performance appraisal, her supervisor stated, "Despite her impairment, her clients seem to understand her quite well." That statement subjects the employer to

A) a claim of disparate impact discrimination in violation of ADA
B) a claim of disparate treatment discrimination in violation of ADA
C) a claim of disparate treatment and disparate impact discrimination in violation of ADA
D) no liability because it is truthful and not based on protected characteristics

Question 30

Grand Lake Bridge Builders is hiring Material Handling Laborers. The job requires the ability to lift or move objects weighing 100 pounds. Shannon Marshall, who is 5'9'' tall and looks to weigh about 135 pounds applies for the job. Grand Lakes wants to ensure that she is physically capable of doing the job.

A) Grand Lake can require Shannon to take a preemployment physical examination before wasting time and money on the rest of the application process, such as an interview, drug test, and background check.
B) If Grand Lake makes a conditional job offer to Shannon, it can require her to take a physical examination before wasting time and money on the rest of the application process, such as the drug test and background check.
C) Grand Lake cannot require Shannon to take a preemployment physical examination as a condition of employment, but can require a physical examination after a job offer has been made, provided that all of the non-medical aspects of the application process are completed before the physical examination.
D) Grand Lake can avoid this problem by keeping a set of 100 pound weights in the office and requiring all applicants to lift them at the time of the interview.

Question 31

Title VII of the Civil Rights Act of 1964

A) does not regulate the recruitment process if the employer uses an employment agency.
B) requires employers to write recruitment announcements that will encourage a diverse group of individuals to apply for employment.
C) allows employers to restrict advertising to the Internet instead of newspapers in order to prevent discrimination.
D) None of the choices are correct.

Question 32

The purpose of the Drug-Free Workplace Act of 1998 was to

A) educate small business concerns about the advantages of a drug-free workplace
B) provide financial incentives and technical assistance to help small businesses create a drug-free workplace
C) assist working parents in keeping their children drug free
D) All of the choices are correct.

Question 33

Jung is an Asian male. After working for his employer as a project manager for one year, he received his first performance appraisal. In the appraisal his supervisor stated, "Compared with the other project managers, Jung falls below expectations in the performance of his job duties. He has missed 4 out of 6 deadlines on assigned projects in the past year without justification. Jung needs to improve his time management." If the performance appraisal is truthful, it subjects the employer to

A) a claim of defamation
B) a claim of disparate impact discrimination
C) a claim of disparate treatment discrimination
D) no liability because it is truthful and not based on protected characteristics

Question 34

In the absence of a BFOQ, the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual ________ years of age or older.

A) 35
B) 40
C) 50
D) 65

Question 35

Employer disciplinary systems

A) must allow the employee the opportunity to be reinstated after termination.
B) do not subject employers to liability unless the system contains provisions for progressive discipline.
C) must be administered in an objective and nondiscriminatory manner.
D) All of the choices are correct.

Question 36

The Immigration Reform and Control Act of 1986:

A) affords legal and illegal aliens protection under the Civil Rights Act of 1964.
B) requires that employers of legal and illegal aliens submit copies of applications, green cards, and visas to the EEOC on a yearly basis.
C) sets acceptable percentage limits regarding the ratio of aliens to natural born citizens permissible in the overall employee population.
D) permits discrimination by providing that employers of four or more determine the eligibility of each individual they intend to hire.

Question 37

Calvert city's police officers must successfully pass a test to be promoted. The test was job related and professionally developed and validated. This year, the city discovered that African American officers taking the test scored significantly lower than white officers. Therefore, the city did not use the test scores for promotions. The city's decision

A) caused disparate treatment discrimination against the white officers.
B) caused disparate impact discrimination against the white officers.
C) caused both disparate treatment and disparate impact discrimination against the white officers.
D) caused no discrimination against the white officers.

Question 38

An effective method to minimize the possibility that a prior employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is

A) to require all prospective employees to sign a document releasing former employers from liability for providing references, and providing a copy of the release to prior employers from whom references are sought.
B) conduct reference checks secretly.
C) have the references checked by an unrelated third party.
D) check only references that are adequately insured against defamation.

Question 39

Title VII does not prohibit the use of an employment eligibility test that results in a disparate impact on a protected group, provided that

A) the employer can show that the test was professionally developed.
B) the employer can show that the test was not designed, intended, or used to discriminate on the basis of membership in a protected class.
C) the employer can show that the test scores can be used to determine appropriate and meaningful inferences about probable job-related behavior.
D) All of the answers are correct.

Question 40

The Federal Employee Polygraph Protection Act of 1988

A) permits employers to ask applicants about polygraph tests given by prior employers.
B) includes an exemption which allows employers to test current employees if necessary to investigate a workplace theft or incident.
C) provides that employers cannot discharge an employee based on the polygraph test unless the test has been administered twice.
D) None of the choices are correct.

Question 41

An employer has a policy in which it tries to correct an employee's negative behavior or misconduct on the job by a series of increasingly severe penalties following each offense before terminating the employee. The policy is called

A) Due process
B) Progressive discipline
C) Good cause
D) Alternative discipline

Question 42

In EEOC v. Consolidated Service System, the defendant was a janitorial firm owned by a Korean immigrant and staffed mostly with Korean immigrants. The court disagreed with the EEOC and found that the defendant's use of word-of-mouth recruiting did not cause

A) disparate impact discrimination
B) disparate treatment discrimination
C) A or B
D) None of the above.

Question 43

In National Treasury Employees Union v. Von Raab, the Supreme Court determined that the U.S. Customs Service's use of a drug-screening program

A) did not violate their employees' Fourteenth Amendment rights.
B) violated their employees' Fourteenth Amendment rights.
C) did not violate their employees' Fourth Amendment rights.
D) violated their employees' Fourth Amendment rights.

Question 44

Sandley Vacuum Sales hires Rhonda Piper and Martina Stuart to be door-to-door salespersons. Ms. Piper has a record of committing physical violence against people who displease her, including four convictions for assault. Ms. Stuart has lead a sensible and very gentle life and is known for her hospitality and homemaking skills by her friends and family. On Ms. Piper's first day of employment with Sandley, she beats up three women who decline to purchase her wares after she has spent over an hour with each giving a demonstration of the vacuums. Three days later, Ms. Stuart becomes frustrated and beats up three other prospective customers who criticize Sandley's products while she is giving a demonstration of their wares. All six victims sue Sandley. Do any of the victims have a reasonable chance of prevailing?

Question 45

What is word-of-mouth recruiting and how can it result in discriminatory hiring practices?

Question 46

Discuss the potential liability for defamation that can result from the use of performance appraisals.

Question 47

Tom Payton was employed by Carver Industries, Inc. as a Marketing Manager. He was fired for sexually harassing 3 female administrative assistants. Specifically, Tom cornered the women in the supply room on 3 separate occasions and touched them inappropriately. The last incident that resulted in his termination occurred after he asked Paula Lee to work overtime and called her into the supply room to assist him in finding paper clips. When she entered the room, Tom grabbed her and attempted to fondle her. Ms. Lee pushed Tom away and called a security officer who escorted her out of the building. Ms. Lee reported the incident the following day to the Vice-President of Human Resources. Later that day, the other women came forward and reported the previous incidents. Dave Smith, Tom's immediate supervisor, was contacted by Marketing Miracles, Inc. for a reference for Tom. Dave gave Tom a glowing reference and did not mention the reason for Tom's termination. Tom was hired and 6 months later, sexually assaulted Ann Kelly, a female employee of Marketing Miracles, in the supply room after he requested that she work overtime. Is Carver Industries liable for the harm to Ann Kelly?

Question 48

Criterion Related Validation is

A) based on data relating to job performance which is gathered from a simulated exercise or other on-the-job measures of performance.
B) based on a representative sample of job-related tasks, behaviors, and knowledge.
C) based on measuring psychological characteristics which are job-related behavior.
D) All of the choices are correct.

Question 49

What is eligibility testing and how is it restricted by Title VII?

Question 50

Employers can be found liable for common law fraud if

A) the employer intentionally or recklessly misrepresents a significant fact about the job that the applicant relies on to make the decision to accept the job.
B) the employer allows an applicant to believe something about the job that the employer knows is false.
C) the employer hides certain information about the job from the applicant.
D) All of the choices are correct.