- Type your question hereAnswer
Permits employers to hire only U.S. Citizens. Permits employers to require more documentation from some prospective employees than from others to ensure that illegal aliens are not
Prevents employers from discriminating against undocumented aliens. Makes it illegal for an employer to discriminate based on national origin.
- Which of the following statements is TRUE with regard to sexual orientation and gay rights?
The Supreme Court had not decided whether gay men and lesbians have rights under the equal protection amendment to the U.S.
Transvestites are considered disabled under the ADA. Federal law prohibits discrimination based on sexual orientation. State and city laws banning discrimination based on sexual orientation have typically been held invalid by the individual state
- Susan, the school principal, is interviewing applicants for a position as an elementary school teacher in an isolated rural community in North
Dakota. Which of the following questions is LEGAL?
Are you married? It is really hard to meet single people out here, and we have had a lot of single teachers quit. Most people here are church-goers. We find that our teachers fit better into the community if they have the same values. Would
you be active in any of the churches here?
All of our students are native-English speakers. What languages do you speak and write fluently? Have you ever been arrested for child abuse, child pornography, or any other offense?
- The EEOC’s policy guidelines are:?
law. persuasive authority. optional suggestions for HR practitioners. usually not enforced.
- The major purpose of the OFCCP is to: ?
Evaluate the pay equity of federal government jobs. Help the victims of unlawful discrimination to file claims and obtain relief. Handle in the public sector all functions that the EEOC handles in the private sector. Require that federal contractors and subcontractors take affirmative action to overcome the effects of prior discriminatory
- Under the Uniform Guidelines on Employee Selection, there are two ways employers can choose to prove it is not illegally discriminating against
employees. These are:?
Validity and reliability tests. Prima facie evidence and bona fide occupational requirements. No disparate impact and job-related validity. No adverse impact and no disparate treatment.
- A large daily newspaper with national market employs a large number of staff reporters. Annual hiring rates are fairly high because there is
high turnover among the reporters as they are promoted or are hired away by other newspapers. Last year, 37 men applied for a reporter
positions; 8 were hired. For women, 22 applied and 6 were hired. Calculate the selection rates for men and women. Is there evidence of
disparate impact for women?
Yes, there is disparate impact. The number of women hired is 75% of the number of men hired. Yes, there is a disparate impact because at least 4/5 of the female candidates should have been hired, i.e., 18 candidates. No, there is no disparate impact because the selection rate for women is actually higher than that for men. No, there is no disparate impact because 6 of the men were hired as sports writers and that removes these jobs from the
- Employers can check for disparate impact in all the following internal activities EXCEPT:?
Candidates selected for interviews of these recruited. Promotions Terminations Use of sick leave
- If a company has external disparate impact, it means that:?
Fewer than 4/5ths of its employees are members of a protected classes and it needs to recruit more minorities from the relevant
The employer has intentionally hired fewer minorities than it should have, so much so, that minorities comprise less than
4/5ths of the proportion they should, given the composition of the relevant work force.
At least one category of minority employees makes up less than 4/5ths of the population that minority makes up in the relevant
The company has too many employees of one minority class in comparison to the other minorities, thus giving rise to an illegal
“favored minority” situation.
- On applying for a job as an assistant designer with a noted regional designer of wedding and ball gowns, Schubert was required to bring in a
portfolio of his dress designs, including drawings, photographs, and several completed garments. This represents:?
An employment test that estimates the reliability of Schubert work. A content valid employment test for this job, because Schubert is presenting a work sample Test-retest reliability, because each item in the portfolio presents a different test. An example of criterion-related validity, where Schubert’s future performance is the criterion and the portfolio items are the
- Which of the following statements is TRUE about applicant flow data?
It is illegal for interviewers to make a notation on a separate form not used in the selection process about the racial
category a job applicant seems to fit.
The only legal way to collect racial data about job applicants is to place this as an optional item on the job application
The only legal way to collect racial data on job applicants is to ask the applicant to voluntarily supply this information on a
separate form that is not used the selection process.
It is legal for an interviewer to look at a job applicant in order to classify him/her as to race and to make a notation on a
separate form that is not used in the selection process.
- A large commercial cleaning service in the Southwest requires all Hispanic applicants for supervisory positions to have a high school diploma
from a U.S. high school, not a school in another country, such as Mexico. This is an example of:?
Disparate treatment A bona fide occupational requirement Disparate impact A business necessity
- Emily works for a small architecture firm of a dozen employees. Emily has discovered that she is pregnant. Which of the following statements is
true under the Pregnancy Discrimination Act?
If the employer has a medical leave program for other circumstances, it must treat Emily’s pregnancy the same way. Emily has job protection when she returns from maternity leave if she is one of the firm’s architects, not if she is an hourly
Emily has job protection when she returns from maternity leave if she is an hourly employee, and not one of the firm’s
architects, who are professionals on salaries and, thus, not protected by the PDA.
Emily is not protected by the PDA.
- During a trip to China, Kevin became very ill and had to be treated for several days in a Chinese hospital. During the course of treatment
Kevin received several blood transfusions. Kevin is now back to work in the U.S., but rumors in the workplace a spreading that the reason Kevin
is constantly fatigued and subject to colds is because he caught AIDS from the transfusions. For this reason, Kevin was passed over for a
promotion because the supervisor of the department did not want to work with a person with AIDS. Is Kevin covered by the ADA?
Yes, but only if Kevin really has AIDS. So Kevin needs to have an AIDS test to clarify his medical condition. No, because Kevin hasn’t had an AIDS test, so his actual medical condition is not known. Yes, Kevin is covered by the ADA because some coworkers think he has AIDS, even though me may or may not actually have AIDS. No, because the real causes of the rumors about Kevin are his fatigue and his frequency of colds. Colds and fatigue are
transitory and are not covered by the ADA.
- A large federal contactor is hiring individuals for positions as private security guards in a war zone.
The ADA would allow a pre-employment medical exam in this case because the job is para-military The ADA would not allow physical testing until a conditional job offer was made. The ADA would allow a pre-employment medical exam because the employee would be an employee of a contractor for the federal
The ADA would allow a pre-employment medical exam if it was used in the context of a preliminary fitness-for-active duty test.
- Which of the following questions to job applicants is LEGAL and under ADA?
How many times were you absent due to illness in the last two years? Have you ever filed for workers’ compensation? I see you are wearing a cast on your arm? How did you hurt yourself? Describe any problems you would have lifting a 50-pound dog onto an examination table.
- Touchdown Plastic Molding has experienced a 2-year long downturn in orders. As a result, layoffs are unavoidable. At Touchdown, almost every
employment decision takes seniority into account: promotions, transfers, pay raises, vacations, etc. So, the company wishes to lay off its
employees in reverse order of seniority. That is, the newest employees would be the first to be laid off. In general, Touchdown’s newer
employees younger, but they also include minorities and woman of all ages. Most of the senior employees are white males.
Touchdown can lay off junior employees because it has consistently used seniority in employment decisions. Touchdown cannot use seniority to lay off its employees because it will violate Title VII. If Touchdown lays off senior employees, it will violate their psychological contract and the employer can be sued for damages. Touchdown cannot lay off any employees because it will violate Title VII or the ADEA. It must rely on attrition to reduce the
number of employees.
- Which of the following is TRUE with regard to conviction and arrest records?
Using conviction records has been shown to be discriminatory. All convictions may be considered in employment decisions. In general, only job-related convictions can be considered. Recent job-related arrest may be considered in employment decisions.
- While Edith, the manger of HR for a large insurance company, was on vacation, her new intern decided to straighten out the bulging files in the
file room. He went through all employee records and discarded all the records of people who applied for jobs but who were rejected, and, he
discarded all information about employees that was more than five years old. To maintain confidentiality of the files, the intern had all the
discarded materials shredded.
Everything the intern did was within EEOC guidelines. The intern was correct in discarding the rejected applicants’ records, but he should have kept all of the current employees’
The intern was probably within EEOC guidelines with his 5 year cut off for current employee files, but he should have retained
the rejected applicants’ records.
The intern was correct in shredding the rejected applicants’ records, but current employee records should be kept on-site for a
minimum of three years, and then in a safe storage location for another 10 years in order to comply with EEOC guidelines.
- Affirmative Action:?
Lowers the KSA’s for jobs where minorities are under-represented. Requires applicants to have the basic qualifications for jobs. Encourages hiring under-qualified applicants and bringing up their skills with extra training. Maintains traditional KSA’s where minorities are over-represented.
- Katrina, who is of Polish descent, works with Paul who has a large repertoire of Polish jokes. Katrina is embarrassed by this and she has asked
Paul to stop, but Paul tells her to “lighten up” and continues telling his jokes. Which of the following statements is TRUE?
Katrina has no legal resources because Poles are not a protected category. Katrina would have legal resources only if the jokes were always about Polish women, because then the situation might be
considered a hostile environment.
Paul has the right to free speech in the workplace. He does not intend the jokes to be offensive, rather he views them as
something that makes the workplace more jovial. He is justified in this because all the other co-workers laugh at the jokes.
Katrina has a possible case of ethnic harassment against Paul.
- Lydia is 3 months pregnant with twins. She is applying for a pharmaceutical sales representative position that requires two weeks of overnight
travel per month. Which of the following is TRUE?
The employer cannot take Lydia’s pregnancy into consideration in the hiring decision. The interviewer can ask Lydia about her pregnancy since she is “showing” and is wearing maternity clothes. Her choice of
clothing indicated that Lydia intends the employer to know she is pregnant.
Lydia is required to indicate that she is pregnant on the application forms. The Pregnancy Discrimination Acts applies to persons who are employed at the time that they become pregnant, not to job
- Policies of reassigning women from hazardous jobs to lower-paying jobs because of health-related concerns, including, potential birth defects
sustained during pregnancy,
Are recommended as a way of reducing worker compensation premiums. Are usually left for supervisors to decide on a case-by-case basis. Have been ruled illegal by the Supreme Court. Are recommended as good corporate policy