Legal Construction Of The Employment Environment

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Questions Bank

The Regulation of the Employment Relationship
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Title Vii of the Civil Rights Act of 1964
Legal Construction of the Employment Environment
Affirmative Action
Race and Color Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Harassment
Sexual Orientation and Gender Identity Discrimination
Religious Discrimination
Age Discrimination
Disability Discrimination
The Employees Right to Privacy and Management of Personal Information
Labor Law
Selected Employment Benefits and Protections

All Questions

Question 1

Free

True/False

While promoting from within an organization may raise employee morale and encourage loyalty,the strategy has the potential to lead to either a real or perceived lack of balance or discriminatory impact.

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True

False

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Question 2

Free

True/False

An employer has the right to raise a question regarding gender in a job interview unless gender is a bona fide occupational qualification.

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True

False

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Question 3

Free

True/False

Employers are more limited in inquiring about a job applicant's convictions relevant to the job than about arrest records.

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True

False

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Question 4

Free

True/False

Federal statutes require that employers document the reasons for failing to hire any specific applicant.

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True

False

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Question 5

Free

True/False

Content validation with regard to preemployment tests is based on a careful job analysis that identifies important tasks behaviors and knowledge that a job requires.

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True

False

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Question 6

True/False

The Drug-Free Workplace Act of 1988 prohibits the drug testing of federal employees under all circumstances.

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True

False

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Question 7

True/False

The Drug-Free Workplace Act of 1988 applies to private-sector employers.

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True

False

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Question 8

True/False

The Americans with Disabilities Act provides that individuals who currently use illegal drugs are considered individuals with disabilities.

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True

False

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Question 9

True/False

A performance evaluation may be considered false where the rater does not include information that would explain or justify a poor appraisal.

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True

False

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Question 10

True/False

An employer is required to lower quality standards or qualifications in order to accommodate an individual employee's or applicant's needs.

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True

False

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Question 11

True/False

In the context of employee discipline,positive discipline involves counseling or other interventions that increase in severity or demands,rather than punishments.

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True

False

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Question 12

True/False

An employee who is subject to discipline has a right to request that a co-worker be present as a witness during an investigatory interview.

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True

False

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Question 13

Multiple Choice

In the context of employment discrimination,which of the following is true of the various recruitment practices?

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An employer can create the most heterogeneous workplace by obtaining its new employees from referrals from within its own workforce or through word-of-mouth recruiting.

An employer can completely eliminate discrimination in employment by promoting from within the company.

A job advertisement that requests "recent college grads" is a neutral solicitation.

A process that could avoid a finding of disparate impact would be to post a notice of job position availability within an organization.

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Question 14

Multiple Choice

Which of the following is true of Title VII of the Civil Rights Act of 1964?

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It does not regulate the recruitment process if an employer uses an employment agency.

It requires an employer to design employment announcements that will encourage a diverse group of people to apply.

It encourages an employer to use word-of-mouth recruiting to ensure that a heterogeneous workplace is created.

It cannot regulate the recruitment process if an employer promotes employees from within the organization.

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Question 15

Multiple Choice

In Equal Employment Opportunity Commission 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 Equal Employment Opportunity Commission (EEOC)and found that the defendant's use of word-of-mouth recruiting did not cause:

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negligent misrepresentation.

intentional discrimination.

negligent hiring.

intentional retaliation.

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Question 16

Multiple Choice

Ira is hired as a financial analyst at BrickBridge Investors under the employment condition that for the first three months she will not be eligible for any incentives.Based on Ira's performance during this three-month period,the company will classify her as a permanent employee,raise her salary by 10 percent,and provide her share of incentives.However,even after Ira performs above the standard during the first five months at her job,the company refrains from acting accordingly to avoid certain costs.Thus,Ira can avail a cause of action for:

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non-statement of material facts.

negligent hiring.

intentional or negligent misrepresentation.

defamation.

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Question 17

Multiple Choice

Under common law,employers can be found liable for fraud in recruitment if they:

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offer all candidates the same information about a position or their company.

allow an applicant to believe something about a job that they know is false.

use word-of-mouth recruiting to obtain new employees.

fill a job position by promoting from within the company.

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Question 18

Multiple Choice

While interviewing Zarah Qazi for the post of marketing manager,the Vice President of Glowing Hair Products Inc.asks Zarah about the origin of her first name,if she is married,and if she plans to have children in the near future.Which of the following holds true in this scenario?

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These questions are prohibited by federal law because they concern national origin, ethnicity, and marital status.

These questions are not prohibited by federal law but they could be used as evidence of discrimination because they are not job related.

These questions are not prohibited by federal law but there is a risk of liability if all applicants are asked the same questions.

These questions are prohibited by federal law only when an employer is protected under the business necessity defense.

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Question 19

Multiple Choice

The Eating Club,a five-star restaurant,advertises for a job in the local newspaper as "Waiters needed.Experience required.Must look good in tuxedo." Ella has had experience working for a five-star restaurant and believes that she will look good in a tuxedo.However,when she applies for the job,she is rejected.Which of the following holds true in this scenario?

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Ella has no basis for a cause of action against The Eating Club as Title VII of the Civil Rights Act does not cover discrimination in recruitment or hiring practices.

Ella has a cause of action against The Eating Club as the advertisement contains language that indicates a preference based on sex.

Ella has no basis for a cause of action against The Eating Club because it is a private company.

Ella has a cause of action against The Eating Club for imposing restrictions that are not job related.

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Question 20

Multiple Choice

In the absence of age as a bona fide occupational qualification (BFOQ),the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual _____ years of age or older.

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