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

Accepted Answer

The high-level manager consistently received positive performance reviews for four years, earning bonuses, salary increases, and promotions. The criticism she received was not emphasized, and yet, after a change in management, she was passed over for promotion, her responsibilities were taken away, and she was dropped from the senior leadership team. The new rating system she was rated on gave her the lowest possible score. It is clear that the criticism against her was mostly subjective, as she had met all performance standards as evidenced by her previous positive reviews and promotions. The lack of support among the managers and the fact that she did not "fit" seems to be a pretext for sex discrimination. Therefore, the court should decide for the employee, finding that she was discriminated against.

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

Accepted Answer

The forced distribution method requires that predetermined percentages of employees be placed into particular performance categories. This means that a certain percentage of employees must receive ratings such as "excellent," "above average," "average," "below average," and "poor." This method is designed to encourage differentiation among employees and eliminate the tendency to assign all employees the same rating, regardless of their performance. However, this method has been criticized for its potential to create a competitive environment and for being subjective.

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

Accepted Answer

The statute of limitations for filing an EEOC claim typically begins when the discriminatory act occurs, which in this case is the termination, not when the performance evaluations were issued.

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

Accepted Answer

The Drug-Free Workplace Act specifically applies to federal contractors and grantees, not all employers.

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

Accepted Answer

The evidence presented suggests that the employee's negative evaluations and subsequent termination were the result of racial discrimination, as more stringent requirements were applied only to her and not to white employees. This would warrant allowing the employee to go to trial to further determine if race was a factor in her termination. Option A and B can be eliminated since the plaintiff's race being a factor in the negative evaluations and termination is not addressed. Option C may be a valid concern, but it is not explicitly stated in the evidence presented, so it cannot be considered compelling enough to warrant going to trial. Therefore, D is the best choice.

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

Accepted Answer

A 360 degree appraisal involves feedback from multiple sources including other employees, stakeholders and customers at various organizational levels. It is comprehensive and evaluates performance, attitude and potential, rather than just focusing on positive and negative ratings.

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

Accepted Answer

Using measured and professional language is the best approach for performance appraisals, as it maintains objectivity and avoids potential legal issues that could arise from using forceful or overly negative language, or overly pleasant language that could be seen as dishonest.

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

Accepted Answer

Performance appraisals should provide specific examples of both good and bad performance in order to give the employee a clear understanding of their strengths and areas for improvement. This makes the feedback more actionable and helps the employee develop a plan for improvement. However, performance appraisals should not contain language that is overly critical or damaging to the employee's morale. Numerical ratings can be a useful tool, but they should be accompanied by specific feedback in order to be meaningful.

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

Accepted Answer

Under Title VII, punitive damages are available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employee's federally protected right. This means that the employer acted with the knowledge that their actions were illegal and intentionally chose to discriminate against the employee. Punitive damages are meant to punish the employer and deter them from engaging in similar discriminatory behavior in the future.

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

Accepted Answer

Courts are generally hesitant to intervene in subjective evaluations of employee performance, as they recognize the discretionary judgment involved. Typically, courts will only review contested performance appraisals under very specific circumstances, such as where there is clear evidence of discrimination or retaliation.

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

Accepted Answer

It is essential to communicate the performance criteria and standards to employees before their appraisal to ensure that they are aware of the expectations and can work towards meeting them. This helps to establish clear performance goals and promotes employee engagement and motivation.

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

Accepted Answer

Performance appraisals can be crucial pieces of evidence in discrimination or wrongful termination cases, as they may reveal discriminatory practices or bias. However, not all employers are legally required to conduct performance appraisals, and an inaccurate appraisal does not always create liability for the employer. Employers should strive to conduct fair and consistent appraisals for all employees to avoid legal issues.

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

Accepted Answer

Under the ADA, performance appraisals should not consider difficulties in performing non-essential job functions, as the focus should be on essential job functions and whether reasonable accommodations can enable the employee to perform them.

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.

Accepted Answer

By getting a translation into Spanish and Polish of the complex instructions and paying for it yourself, you ensure that your crew understands how to handle the toxic cleaning agent safely, prioritizing their health and safety over other considerations.

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

Accepted Answer

The answer of A disabled employee was refused the opportunity...

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

Accepted Answer

The forced distribution method of performance appraisals requires predetermined percentages of employees to be placed into particular performance categories. It often results in employees in lower performance categories being subject to termination or being ineligible for bonuses and raises. Additionally, it can lead to claims of age, race or sex discrimination. Therefore, all of the above statements are true, and the best choice is D.

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

Accepted Answer

Willingness to work two jobs is not commonly used as a performance criterion.

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

Accepted Answer

OSHA's hazard communication standard specifically requires employers to maintain material safety data sheets (now called Safety Data Sheets) for all hazardous chemicals used in the workplace.

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

Accepted Answer

Using a forced distribution method of performance appraisal can be unfair and lead to legal claims. Speaking gruffly to employees is unprofessional and can create a negative work environment. Making it clear that job performance does not guarantee job security without allowing or answering questions is also unfair and can create anxiety among staff. Therefore, none of these options would be good advice. The best approach would be to conduct fair and objective performance appraisals, provide clear communication about the downsizing process, and work with employees to explore alternatives such as reassignment or early retirement to minimize job loss.

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

Accepted Answer

All three statements are true. A negative appraisal given shortly before layoffs or terminations may be seen as a pretext for the decision, a negative appraisal given shortly after a discrimination charge may be seen as retaliation, and a positive appraisal just before a salary review may lead to a salary increase. These timing issues must be considered by employers when conducting appraisals to avoid potential legal issues.

Quiz 16: Performance Appraisals, Training and Development

The forced distribution method regarding performance appraisals consists of:

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

A 360 degree appraisal:

Regarding the language to be used in performance appraisals:

Performance appraisals:

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

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

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

Which of the following is true regarding performance appraisals?

Under the ADA,performance appraisals for disabled persons:

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:

The "forced distribution method" of performance appraisals:

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

OSHA's hazard communication standard requires:

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