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Sample Test Chapter 3: Employee Selection and Legal Issues MULTIPLE CHOICE 1. In the past few years, about _____ discrimination complaints were filed with the Equal Employment Opportunity Commission. 2. 100,000 c. 950 3. 500,000 d. 10,000 ANS: A PTS: 1
2. The first step in the legal process is for some legislative body to: 3. get sued c. pass a law 4. receive a complaint d. take a vote ANS: C PTS: 1 3. If a law is passed at the federal level, states may pass laws that _____ the rights granted in the federal law, states may not pass laws that will _____ the rights granted in the federal law. 4. diminish / expand c. diminish / change 5. expand / change d. expand / diminish ANS: D PTS: 1 4. With, ______, employees and the organization meet with a neutral third party who tries to help the two sides reach a mutually agreedupon solution. 5. arbitration c. negotiation 6. mediation d. transformation ANS: B PTS: 1 MSC: WWW
5. In which of the following ADR methods does a neutral thirdparty make a decision that both sides must abide by? 6. Binding arbitration 7. Nonbinding arbitration 8. Mediation 9. Negotiation ANS: A PTS: 1 6. The EEOC usually handles alleged violations of: 7. state laws c. county laws 8. federal laws d. none of these ANS: B PTS: 1 7. In order for a case of discrimination to be investigated by the EEOC, the complaint must be filed within _____ days of the discriminatory act. 8. 120 c. 160 9. 140 d. 180 ANS: D PTS: 1
8. According to the Lilly Ledbetter Fair Pay Act, an employee filing a discrimination complaint with the EEOC regarding pay discrimination, has 180 days from when she: 9. was hired c. was told of her salary 10. received her last pay check d. discovered she was underpaid ANS: B PTS: 1 9. When the courts make a decision, the decision becomes: 10.
final c. case law
11.
moot d. a statute
ANS: C PTS: 1 10. _______ is a judicial interpretation of a law and is important because it establishes a precedent for future cases. 11.
A statute c. A briefing
12.
Case law d. A sanction
ANS: B PTS: 1 MSC: WWW
11. Based on the Civil Rights Acts of 1866, 1964, and 1991 as well as the 14th Amendment, it is illegal to discriminate against a person based on race. According to Congress, all of the following are protected races except: 12.
African Americans
13.
Asian Americans
14.
Native American Indians
15.
all three of these are protected races
ANS: D PTS: 1 12. The “equal protection” clause of the Fourteenth Amendment mandates that no state may deny a person equal protection under the law. Because any suite filed under the Fourteenth Amendment must demonstrate ______, it is not often used. 13.
intent c. equal protection
14.
past discrimination d. due process
ANS: A PTS: 1 13. The 1964 Civil Rights Act (Title VII) and its 1972 and 1991 amendments cover: 14.
unintentional discrimination
15.
race, color, sex, religion, national origin
16.
companies with 15 or more people
17.
all of these
ANS: D PTS: 1 14. The Civil Rights Act of 1964 protects against discrimination for five classes. Which of the following is NOT one of these five protected classes? 15.
Race
16.
Religion
17.
Pregnancy
18.
All are covered by the 1964 Civil Rights Act
ANS: C PTS: 1 MSC: WWW 15. Unlike the Fourteenth Amendment, for an employment practice to be potentially illegal under the Civil Rights Act, the discrimination does not have to:
16.
be continuous c. effect large groups
17.
be intentional d. show past discrimination
ANS: B PTS: 1 16. The Civil Rights Act has also been interpreted by the courts to cover such issues as sexual harassment, age harassment, and race harassment. These issues are related to the organization’s: 17.
structure c. atmosphere
18.
hiring practices d. policies
ANS: C PTS: 1 17. In the 1989 case of Walker v. Secretary of the Treasury, a district court found that a darker skinned black illegally fired a lighter skinned black employee. Which of the following protected classes were at issue in this case? 18.
Age c. Race
19.
Disability d. Color
ANS: D PTS: 1 18.
“English only” requirements at work are:
19.
always illegal
20.
always legal
21.
are legal if they are job related
22.
legal if most of employees only speak English
ANS: C PTS: 1 19. All employees at Wally World Amusement Park are required to work on weekends because that is when 80% of the customers visit the park. Alex likes to go to church on Sunday morning and asks that he not have to work on Sunday. Must the park accommodate his request? 20.
Yes, religious accommodations must always be made
21. No, because going to church in the morning is a preference and he can go in the evening 22. No, private sector organizations are not required to accommodate days of worship 23.
Yes, preferences for days and time of worship are protected
ANS: B PTS: 1 20. It is illegal to use an individual’s religion in an employment decision unless the nature of the job involves:
21.
national security c. the public sector
22.
religion d. the private sector
ANS: B PTS: 1 21. In determining if an employment decision is legal, the first question to ask is “does the employment practice directly refer to a member of a federally protected class? Which of the following is NOT a federally protected class? 22.
Sexual preference c. Color
23.
Religion d. All are protected classes
ANS: A PTS: 1 22. The Age Discrimination in Employment Act (ADEA) forbids an employer from discriminating against an individual over the age of: 23.
35 c. 45
24.
40 d. 50
ANS: B PTS: 1 23. Which of the following is not an important factor in filing a complaint of age discrimination? 24.
you are at least 40
25.
a younger person was hired to replace you
26.
you were a good employee
27.
all three are important factors
ANS: D PTS: 1 24.
The Vocational Rehabilitation Act of 1973:
25.
is no longer in use
26.
is another name for the ADA
27.
covers the federal government
28.
was declared illegal by the Supreme Court
ANS: C PTS: 1 25. The _______ is thought to be the most important piece of employment legislation since the 1964 Civil Rights Act.
26.
Sexual Preference Fairness Act
27.
Equal Pay Act
28.
Americans with Disabilities Act
29.
VietnamEra Veterans Readjustment Act
ANS: C PTS: 1 MSC: WWW 26. Though Congress did not provide a list of disabilities, it did define disability in part as “having a record of such impairment.” Which of the following “disabilities” would qualify under this part of the definition? 27.
blindness c. asthma
28.
severe burns d. recovering alcoholics
ANS: D PTS: 1 27. Though Congress did not provide a list of disabilities, it did define disability in part as “being regarded as having such an impairment.” Which of the following “disabilities” would qualify under this part of the definition? 28.
blindness c. asthma
29.
severe burns d. recovering alcoholics
ANS: B PTS: 1 28. If a disability keeps a person from performing the _______ of a job, the person does not have to be hired or retained. 29.
marginal functions c. remote functions
30.
essential functions d. standard functions
ANS: B PTS: 1 29. Nagy Industries is considering reserving the best parking spots for employees who are 7 months pregnant. Is this legal? 30. Act
No, giving preference would violate the Pregnancy Discrimination
31. No, pregnancy cannot be treated better than other short term disabilities 32. Yes, pregnancy can be treated better than other short term disabilities 33. Yes, the Pregnancy Discrimination Act requires companies to provide accommodations ANS: C PTS: 1 MSC: WWW 30. If a job can only be performed by a person in a particular class, the requirement is considered: 31.
a BFOQ c. discriminatory
32.
restrictive d. to be none of these three choices
ANS: A PTS: 1
31. The courts have clearly ruled that a customer’s satisfaction and/or preference ________ used to determine if a job requirement is a BFOQ. 32.
should be c. cannot be
33.
must be d. the courts haven’t ruled on this issue
ANS: C PTS: 1 32. _______ means a particular employment decision results in negative consequences more often for members of one protected group than for another. 33.
Adverse impact c. Disparate treatment
34.
Bad faith dealings d. Bona fide occupational qualification
ANS: A PTS: 1 33. Which of the following establishes practical significance for adverse impact? 34.
Standard deviation test c. McDonnell Douglas standards
35.
Fourfifths rule d. Chisquare analysis
ANS: B PTS: 1
34. For adverse impact to have practical significance, the minority selection ratio must be less than ____ percent of the majority selection ratio. 35.
50 c. 80
36.
30 d. 75
ANS: C PTS: 1 35. If ____ White applicants and ____ Black applicants were hired, adverse impact would occur. 36.
35 of 50 / 12 of 20 c. 12 of 24 / 11 of 25
37.
15 of 50 / 2 of 25 d. 12 of 20 / 35 of 50
ANS: B PTS: 1 36. If an employment practice results in adverse impact, the employer needs to demonstrate that the employment practice is ______ or exempt from adverse impact.
37.
a historical practice
38.
really not as bad as the statistics assert
39.
job related
40.
reliable
ANS: C PTS: 1 MSC: WWW 37. An employment practice resulting in adverse impact may still be legal as long as: 38.
the test used was job related
39.
there was no intent to discriminate
40.
neither of the two options is true
41.
both of the options are true
ANS: A PTS: 1 38. Based on the material presented in your text, which of the following is NOT an exception to the requirement of determining that an employment practice is job related? 39.
National security c. Veteran’s preference rights
40. Bona fide seniority system d. All three of these are exceptions ANS: D PTS: 1 39.
Which of the following types of harassment are NOT illegal?
40.
Age c. Racial
41.
Sexual d. All three types are illegal
ANS: D PTS: 1 40. A supervisor offering a promotion in exchange for sex would fall under the ______ form of sexual harassment. 41.
BFOQ c. sine quo non
42.
quid pro quo d. hostile environment
ANS: B PTS: 1 41. In a quid pro quo case of sexual harassment, ____ sexual advance(s) must have been made. 42.
two c. one
43.
none d. at least three
ANS: C PTS: 1 42.
Asking a coworker out on a date is sexual harassment if:
43.
he/she is not interested
44.
the request is made several times
45.
both options must occur
46.
either of the two options occurs
ANS: C PTS: 1 43. Which of the following would be considered sexual harassment? _______ asking a(n) ______ coworker for a date. 44.
Once / interested c. Once / disinterested
45.
Repeatedly / interested d. Repeatedly / disinterested
ANS: D PTS: 1 MSC: WWW 44. Which of the following components of a sexual harassment policy would be illegal? 45.
All complaints must be investigated
46.
The punishment must be severe
47.
Complaints must be kept confidential
48.
All of three are legal and good policy
ANS: B PTS: 1
45.
Sexual harassment results in:
46.
decreased productivity c. increased turnover
47.
increased absenteeism d. all of these are results
ANS: D PTS: 1 46.
Employees using FMLA must:
47.
be given paid leave c. give 30 days notice when possible
48.
have at least 5 years of tenure d. all three of these are true
ANS: C PTS: 1 47. Jean is the 2nd highest paid employee at Reilly, Inc. She has worked there 3 years and wants to take 4 weeks of unpaid leave to have a baby. She gave the company 45 days notice but they rejected her request. Under the FMLA, the company can do this because she:
48.
is a key employee
49.
hasn’t worked at the company long enough
50.
asked for too much leave
51.
did not give the required amount of notice
ANS: A PTS: 1 48. There are several affirmative action strategies an employer could use. If an employer advertised in magazines and newspapers with a minority readership, it would be using which of the following strategies? 49.
Identification of discriminatory practices
50.
Preferential hiring and promotion of minorities
51.
Recruitment of minority applicants
52.
Recruiting through employee referrals
ANS: C PTS: 1 49. Which of the affirmative action strategies would involve an employer changing the company policy or the way an organization is decorated? 50.
Identification of discriminatory practices
51.
Preferential hiring and promotion of minorities
52.
Recruitment of minority applicants
53.
Recruiting through employee referrals
ANS: A PTS: 1 MSC: WWW
50. Organizations have affirmative action plans for one of four reasons. Which of the following is NOT one of the four reasons? 51.
Labor union agreement c. Court order
52.
Desire to be a good citizen d. Consent decree
ANS: A PTS: 1 51. With a _______, the agency agrees with a judge that it has not hired or promoted enough members of a protected class and is willing to make changes. 52.
labor union agreement c. court order
53.
desire to be a good citizen d. consent decree
ANS: D PTS: 1 52. Which of the following populations is used to statistically determine discrimination? 53.
Area population c. Control group population
54.
Qualified work force d. National census data
ANS: B PTS: 1
53. AT&G does not have any female employees. Ann Smith applied for a job as a machine operator. Though she did not obtain the minimum score of 40 on the machine operator test, AT&G plans to hire her as part of their new affirmative action plan. There are 10 men who passed the test who did not get hired. Is this legal? 54. No, an applicant must be qualified to be given preference based on gender or race 55.
No, preference is never allowed
56.
Yes, because AT&G has no women employees, they can do this
57. Yes, because they are only changing their rules for one person, this would be a reasonable plan ANS: A PTS: 1 54. Research has indicated that employees hired due to affirmative action programs are perceived by coworkers as _______. 55.
lucky c. equally competent
56.
more competent d. less competent
ANS: D PTS: 1 55.
The ______ protects against unreasonable search and seizure.
56.
Fourth Amendment c. Fourteenth Amendment
57.
Fifth Amendment d. 1964 Civil Rights Act (Title VII)
ANS: A PTS: 1 56.
The ____ Amendment is most concerned with privacy issues.
57.
4th c. 14th
58.
5th d. 2nd
ANS: A PTS: 1 57. When rendering decisions involving the 4th Amendment, as it applies to drug testing, courts have based their decisions on all of the following factors except: 58.
reasonable suspicion of drug use
59.
adverse impact
60.
safety and trust of the public
61.
the opportunity to retest a specimen
ANS: B PTS: 1 MSC: WWW 58. Allowing employees to _________ removes the right of the organization to search the lockers.
59.
place their own locks on lockers
60.
place their name on the lockers
61.
sign a waiver
62.
organizations can never search lockers
ANS: A PTS: 1 59. A test asking questions about sexual orientation or belief in God might be illegal due to: 60.
invasion of privacy c. tort law
61.
adverse impact d. low reliability
ANS: A PTS: 1 60. The case law most pertinent to privacy issues and psychological testing is: 61.
Soroka v. Dayton Hudson c. Griggs v. Duke Power
62.
Niebuhr v. Oswald d. All three cases are equally pertinent
ANS: A PTS: 1 MSC: WWW
SHORT ANSWER 1. What are the federally protected classes in the United States? ANS: Sex, Race, National Origin, Religion, Color, Age, Pregnancy, Vietnam Veteran Status, Disability PTS: 1 2. What employment practices are most subject to invasion of privacy issues? ANS: Drug testing, office searches, psychological testing, electronic surveillance PTS: 1 3. What are the two types of sexual harassment? ANS: Quid pro quo, hostile environment PTS: 1
4. What are the three major affirmative action strategies? ANS: Intentional recruitment of minority applicants, Identification and removal of employment practices working against minority applicants and employees, Preferential hiring and promotion of minorities PTS: 1 5. What are the four common reasons for affirmative action plans? ANS: Court order, government regulation, consent decree, desire to be a good employer PTS: 1 6. What are the five key issues in determining the legality of an affirmative action plan involving preferential hiring or promotion of minorities? ANS: Was there a history of discrimination?, Does the plan benefit people who were not actual victims of discrimination?, What population (area or qualified work force) was used to set goals?, What is the impact of the plan on nonminorities?, Is there an ending point to the plan?
PTS: 1 Chapter 5: References and Testing MULTIPLE CHOICE 1. In psychology, it is commonly believed that the best predictor of future performance is: 2. results from a psychological test 3. present performance 4. past performance 5. asking the person if they can do the job ANS: C PTS: 1 2. The process of confirming the accuracy of information provided by the applicant is called a: 3. reference c. letter of recommendation 4. reference check d. trait evaluation ANS: B PTS: 1
3. Because it is not uncommon for applicants to engage in resume fraud, references and letters of recommendation are used to: 4. confirm details on a resume 5. check for outside interests and habits 6. check for discipline problems 7. discover new applicant information ANS: A PTS: 1 4. Which of the following is good advice in asking for a letter of recommendation? 5. Provide your reference with a copy of your resume 6. Give your reference plenty of advance notice before the letter is due 7. Choose references who can provide information from multiple perspectives 8. All three are good advice ANS: D PTS: 1 5. If an employer does not check an applicant’s references and the applicant molests a child after being hired, the employer could be charged with: 6. negligent reference c. tort reform
7. defamation d. negligent hiring ANS: D PTS: 1 6. Even though references are commonly used to screen and select employees, they have not been successful in predicting future employee success. The average uncorrected validity coefficient for references and performance is: 7. .00 c. .32 8. .18 d. .57 ANS: B PTS: 1 7. A factor contributing to the low validity between references and performance is “leniency.” Which of the following factors does NOT contribute to leniency of references? 8. Length of the letter of reference 9. Applicants choose their own references 10.
Confidentiality of the reference
11.
Fear of legal ramifications
ANS: A PTS: 1 MSC: WWW
8. Which of the following is NOT a factor contributing to reference leniency? 9. Applicants choose their own references 10.
Employers fear legal ramifications
11.
Most applicants are highly skilled
12.
All three contribute to leniency
ANS: C PTS: 1 9. In a reference check over the telephone, Bob says that his former employee Ted was a real jerk and couldn’t be trusted. Ted might sue Bob for: 10.
negligent hiring c. negligent reference
11.
libel d. slander
ANS: D PTS: 1 10. A problem associated with letters of recommendation is the lack of agreement between two people who provide references for the same person. This lack of agreement is related to the issue of: 11.
reliability c. leniency
12.
knowledge of the applicant d. extraneous factors
ANS: A PTS: 1 11.
Increasing the ______ of references seems to increase validity.
12.
length c. structure
13.
scoring complexity d. psychometric depth
ANS: C PTS: 1