Q&A Hero

Q: Ethel applied for a job as a credit card account manager with a major financial institution. Your organization obtained her credit report through a third party investigation. She was not hired because of her recent bankruptcy and poor credit history. As the vice-president of human resources, you are aware of this situation because Ethel is suing the company for your hiring practices. Which of these facts of the case shows that your procedures were faulty?a) Ethel received a copy of her credit report.b) Ethel was not given written notice the third party investigation was being conducted.c) Ethel was asked questions about how she made account decisions for credit applicants during the interview.d) Ethel's resume was incomplete.e) Credit problems are not reasonable exclusions for this job.

Q: Which of the following is NOT a law affecting employee rights? a) The Privacy Act b) The Drug-Free Workplace Act c) The Fair Credit Reporting Act d) The Fairness in Employment Act e) The Employee Polygraph Protection Act

Q: A bank would like to obtain information regarding the credit history of applicants as well as their lifestyle and spending habits. What should the bank do to obtain this information? a) The bank cannot obtain this information because it is illegal to check the credit of job applicants. b) The bank should just ask friends and relatives of the applicants. c) The bank should obtain the information through a third-party investigation. d) The bank should contact a credit reporting agency without notifying the applicants that their credit is being checked. e) The bank should contact a credit reporting agency and notify the applicants that their credit is being checked.

Q: Sharon is rewriting the section of the policies and procedures manual for her organization regarding employees' access to their employment history files. All of the following statements are appropriate EXCEPT: a) Any information an employee has waived the right to review will be kept separated from the accessible file. b) Employees are encouraged to drop into the personnel office to review the contents of their employee information files any time they wish. c) Personnel files are not permitted to leave the HRM area. d) Employees may review the contents of their files in the presence of an HRM representative. e) An employee may take notes on the file contents, but nothing may be photocopied.

Q: Which act requires federal government agencies to make information in an individual's file available to him or her? a) The Fair Credit Reporting Act of 1971 b) The Privacy Act of 1974 c) The Polygraph Protection Act of 1988 d) The Drug-Free Workplace Act of 1998 e) The Employment-At-Will Doctrine

Q: A disciplinary layoff is also known as a __________.

Q: A _________ is the second step in the progressive discipline process.

Q: Typically, _________ begins with a verbal warning and proceeds through a written warning, suspension, and only in the most serious cases, dismissal.

Q: __________, such as the seriousness and duration of the problem, should be considered when analyzing discipline problems.

Q: Under a contractual employee relationship, discharge may occur only if it is based on _______ cause.

Q: __________ are also known as integrity tests.

Q: _________ is a situation in which an employee notifies authorities of wrongdoing in an organization.

Q: Under the _________, a company employing 100 or more individuals must notify workers 60 days in advance if it is going to close its facility or lay off 50 or more workers.

Q: Under the ________ government agencies, federal contractors, and those receiving federal funds ($25,000 or more) are required to actively pursue a drug-free environment.

Q: The __________ gives federal employees the right to review letters of recommendation written on their behalf.

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Q: A period of time off from work as a result of a disciplinary process.

Q: Final step of the disciplinary process.

Q: The process of testing applicants/employees to determine if they are using illicit substances.

Q: Temporary record that a verbal reprimand has been given to an employee.

Q: Discipline should be immediate, provide ample warning, be consistent, and be impersonal.

Q: A situation in which an employee reports the organization to an outside agency for what the employee believes is an illegal or unethical practice.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningA condition in the organization when employees conduct themselves in accordance with the organization's rules and standards of acceptable behavior.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningAny organizational guarantee or promise about job security.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningRequires an employer to notify job candidates of its intent to check into their credit.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningRequires the federal government agencies to make information available in an individual's personnel file available to him or her.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningA concept rooted in nineteenth-century common law, which permitted employers to discipline of discharge employees at their discretion.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningThis act was passed to help keep the problem of substance abuse from entering the workplace.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningThis is the first formal stage of the disciplinary procedure that becomes part of an employee's official personnel file.

Q: a) suspensionb) Drug-Free Workplace Act of 1988c) Fair Credit Reporting Act of 1971d) Polygraph Protection Act of 1988e) hot-stove rulef) drug testingg) written verbal warningh) Implied employment contracti) dismissalj) employment-at-will doctrinek) disciplinel) whistle-blowingm) honesty testn) Privacy Act of 1974o) written warningA specialized question-and-answer test designed to assess one's honesty.

Q: For total effectiveness, under the hot-stove rule, discipline should be delayed until the periodic performance review between the employee and manager.

Q: The progressive discipline process starts with a written warning, followed by a suspension, then a written verbal warning, and ending with a dismissal.

Q: All disciplinary warnings, including written verbal warnings are forwarded to HRM for inclusion in the employee's personnel file.

Q: Under new regulations employers are not permitted to electronically monitor employees, unless given permission by the employee to do so.

Q: Interestingly, other than a good cause, an employer cannot terminate an employee under the terms of the employment-at-will doctrine.

Q: If theft in an organization is discovered, an employer has the right to give a polygraph test to every employee to determine the guilty party under the guidelines of the Polygraph Protection Act of 1988.

Q: Research suggests that discipline should be punitive rather than corrective.

Q: There is no protection for employees who post comments about employees on Facebook or Blogs.

Q: The Fair Credit Reporting Act of 1971 allows employers to secretly check the credit history of job applicants.

Q: Substance abusers are 20 times more likely to miss work than employees who are not substance abusers.

Q: Long-haul truck drivers, regulated by the Department of Transportation, are required to take drug tests.

Q: Companies employing 50 or more employees are required to give employees 30 days notice when closing down a plant or laying off large numbers of workers.

Q: The Drug-Free Workplace Act of 1988 requires federal contractors to actively pursue a drug-free environment.

Q: The Privacy Act of 1974 requires federal government agencies to make available information in an individual's personnel file.

Q: An allegation of discrimination could be supported under a geographical comparison test in which instance? a) Mary, a 50-year-old chemical engineer, responded to a position advertised as "Chemical Engineer: BS in Chemical Engineering, plus 5 years' experience or equivalent." She received a form letter in response that said applications were no longer being accepted for this position. She saw the same position advertised 2 days later. b) Don, a 35-year old MBA, was not interviewed by the XYZ company for the position of general manager. He knew that when his uncle was going to retire next month, a general manager position would be available. The firm has a policy of promoting from within and hires only inexperienced, newly graduated applicants. c) A large Miami-based financial institution has no Hispanics on the payroll. d) Jose, who speaks only Spanish, applied for a postal service job which was posted in English, Spanish, and French. He was told applications were no longer being accepted for this position. e) Jon, an HIV positive postal worker, was passed over for promotion because of his physical condition. He had successfully completed all training requirements and passed the qualifying examination.

Q: A company used a personality test to select job candidates for customer service positions. There were 40 male candidates and 20 female candidates. It appeared that 30 men passed the personality test while 5 women passed the personality test. Was there evidence of disparate impact against female candidates with this personality test? a) No, because this is an example of disparate treatment. b) No, because a passing rate of 25% (5/20) for the female candidates is fairly good. c) No, because the personality test may not be very reliable. d) Yes, because the passing rate of the female candidates (25%) is less than 80% of the passing rate of the male candidates (75%). e) No, because the passing rate of the female candidates (25%) is more than 20% of the passing rate of the male candidates (75%).

Q: You are vice-president of human resources of a large pharmaceutical manufacturer. Your firm has a longstanding tradition of promoting from within. New hires are fresh college graduates with no experience, no advanced degrees. Your firm is being sued by Ed, a 45-year-old MBA, who has attempted to apply for a general manager job. He knows the position is available because the incumbent died and the obituary was public information. He is claiming age discrimination. Which of the following discrimination defenses should be employed? a) The 4/5 rule b) McDonnell-Douglas Test c) Geographical comparison d) Performance ratio comparison e) Seniority systems

Q: All of these statements about the 1991 Civil Rights Act are accurate EXCEPT, the Act a) prohibits racial harassment on the job. b) allows for punitive and compensatory damage through jury trials. c) reduces the Griggs decision impact. d) reinforces the illegality of employers who make hiring or firing decisions on the basis of race or ethnicity. e) places the burden of proof on the employer.

Q: Which of the following is true regarding Executive Order 11246? a) It prohibits employment discrimination on the basis of race, religion, color, sex, or national origin for all private employers. b) It allows for punitive and compensatory damages through jury trials. c) It prohibits discrimination on the basis of race, religion, color, and national origin by federal agencies as well as those working under federal contracts. d) It covers all organizations with contracts of $4,000 or more with the federal government. e) It protects employees 40-65 years of age from discrimination.

Q: Dana is the senior critical manager of a film processing firm with 75 employees. Her father fell and broke his hip. Dana, a 20-year employee, has requested two months off to care for him. Will the Family and Medical Leave Act protect her job? a) No. She is a key employee. b) No. The legislation applies only to children, not to parents. c) No. Two months is longer than the law allows. d) No. She hasn"t worked there long enough. e) No. Dana's company is too small.

Q: Abby is the night and weekend manager of a film processing firm with 75 employees. Eighteen months after she was hired, her mother fell and broke her hip. She requested four months off to care for her. Will the Family and Medical Leave Act protect her job? a) No. The legislation applies only to male employees. b) No. The legislation applies only to children, not to parents. c) No. Four months is longer than the law allows. d) No. She hasn"t worked there long enough. e) No. Her company is too small.

Q: Dan has been the night and weekend manager of a film processing firm with 35 employees for the past 10 years. His mother fell and broke her hip. He requested two months off to care for her. Will the Family and Medical Leave Act protect his job? a) No. The legislation applies only to female employees. b) No. The legislation applies only to children, not to parents. c) No. Two months is longer than the law allows. d) No. He hasn"t worked there long enough. e) No. Dan's company is too small.

Q: Sharon is confined to a wheelchair since her accident. Her employer supplied a special desk and widened the aisles so that she can get to her work station and work. This action is known as a) adverse prevention. b) restricted actions. c) disparate impact. d) class protection. e) reasonable accommodations.

Q: Cindy, a stock analyst, just tested HIV positive. Which statement applies to her situation? a) The 1990 Americans with Disabilities Act offers her protection from being transferred because of her illness. b) The 1993 Workers Protection Act requires that she be fired because of her illness. c) The 1991 Civil Rights Act offers her protection from being transferred because of her illness. d) The 1993 Worker Protection Act assures her of confidentiality about the nature of her illness. e) The 1990 Americans with Disabilities Act offers her protection from being fired because of her illness.

Q: Yogesh has difficulties speaking clearly and quickly due to a severe speech impairment. He applied for a telemarketing job in a marketing research company that employed 42 employees. However, the employer did not hire him because of his inability to talk quickly and clearly. Being able to talk quickly is an essential qualification for the job given the high volume of phone calls that telemarketers have to place during a day. Is this employer potentially liable under the Americans with Disabilities Act? a) Yes, because the employer must provide the necessary technology to enable Yogesh access to the job. b) Yes, because Yogesh is still able to talk even if his speech is very slow. c) No, because the company has fewer than 50 employees. d) No, because speech impairment does not qualify as a disability. e) No, because speaking quickly is an essential qualification for the telemarketing job.

Q: Larry, a 62 year old, has just been offered a full time job as merchandise representative for a large firm. The cost of his benefits is in line with the rest of the company, but he is not offered an opportunity to participate in the pension plan. Can he sue under the ADEA? a) No. The ADEA doesn"t cover age discrimination. b) Yes. He has a clear violation of age protection. c) No. As long as the cost of benefits is the same for him as for younger employees, the organization is in compliance with the law. d) Yes. Pension plans are required for all U.S. employees. e) No. Pension plans are no longer offered to employees.

Q: The Americans with Disabilities Act of 1990 included all of the following provisions EXCEPT a) All job actions must be based on job requirements. b) Reasonable accommodations must be made for qualified workers. c) Employment protection is extended to most forms of disability status. d) Pre-job offer medical examinations are eliminated unless the examinations are job related. e) Organizations must re-engineer working areas to accommodate all special needs.

Q: Which of the following is NOT a protected status category?a) Raceb) Sexc) National origind) Senioritye) Religion

Q: If you were vice-president of human resources for a large organization, how could you find out if disparate impact was occurring in your organization? a) Interview ex-employees. b) Compare hiring ratios for protected classes to the majority and to the geographical area. c) Examine court records and other public sources of information for legal action against the firm by women and minorities. d) Examine pay raise data and promotion charts for differences identifiable by race or sex. e) There is no way to find out. Employees are too afraid to speak up.

Q: Joni has been a secretary with her firm for nearly 30 years. She always receives excellent performance evaluations and eagerly learns new technology. Her boss has been urging her to get a facelift or retire, saying he wants a "young feel" to the office. What law protects her from this treatment? a) Civil Rights Act of 1991. b) Adult Development Act of 1991. c) Vocational Rehabilitation Act of 1973. d) Executive Order 11375. e) Age Discrimination in Employment Act of 1967.

Q: Don is a recruiter for a large steel manufacturing firm. His favorite recruiting trip is to his alma mater, a city university in the tough part of the large metropolitan area where he grew up. He is glad to give these minority graduates a chance for an interview. About 10% of his new hires are from this school, one of 11 that he visits every fall. Don's firm is an active EEO employer. Is there a problem? a) Yes. Disparate impact may result from this employment practice. b) No. Affirmative action has no bearing on these hiring practices. c) Yes. Reverse discrimination may result from this employment practice. d) No. This is an appropriate EEO recruiting action. e) Yes. EEO was rescinded because of actions such as Don's.

Q: Jean, a 35-year-old mother of two, has been with her firm for 15 years. She wants to transfer out of the computer room of her organization, because the 90-pound boxes are too heavy for her to lift now that she is pregnant again. Her boss told her to either lift the boxes or quit. What law protects her from this treatment?a) Civil Rights Act of 1991.b) Pregnancy Discrimination Act of 1978.c) Vocational Rehabilitation Act of 1973.d) Executive Order 11375.e) Age Discrimination in Employment Act of 1967.

Q: A security company instituted a 6"0"" height requirement as a condition of employment for security guards. Such a height requirement is likely to create a) a disparate treatment. b) an adverse impact. c) a bona fide occupational impact. d) a reverse discrimination effect. e) a reverse treatment effect.

Q: A large organization is an EEO employer with an affirmative action plan. Which of these activities is performed as part of the plan? a) Employment decisions are based on group membership rather than individual performance. b) Knowledge, skills, and abilities have been removed from all job analysis activities. c) Fair employment practices are based on the premise that certain groups of people like to work together. d) Executive perks are reported independently to the IRS. e) Workforce demographics and community demographic patterns are monitored continually.

Q: In most organizations, affirmative action plans include all of the following steps EXCEPTa) current workforce demographics are analyzed.b)community demographic composition is identified for all job classifications.c) goals and timetables are established for correcting imbalances between organizational and community demographics.d) no member of a protected group is fired, demoted, or transferred.e) job requirements are defined in terms of skills, abilities, and knowledge.

Q: Peter has been a production supervisor at a plant for over 20 years. His performance record has been excellent until last year. Peter's manager gave him low ratings during the last performance review. Peter just found out that his company is downsizing and that he is going to be laid off. Peter is 58 years of age. If Peter were to sue his company for discrimination, which of the following law would be most appropriate? a) Equal Employment Opportunity Act of 1972 b) Age Discrimination in Employment Act of 1967 c) Job Security Act of 1984 d) Civil Rights Act of 1991 e) Civil Rights Act of 1964

Q: The ________is NOT a federal law affecting employment discrimination. a) Civil Rights Act of 1964 b) Civil Rights Act of 1991 c) Equal Employment Opportunity Act of 1972 d) Fair Wage Standards Act of 1948 e) Americans with Disabilities Act of 1990

Q: Which of the following is NOT true regarding affirmative action plans? a) Affirmative action programs are instituted by a company to correct past injustices in an employment process. b) Affirmative action means that a firm must take certain steps to show that it is not discriminating. c) Affirmative action means that a firm must always hire members of minority groups and women before it hires white males. d) Over the past decade, there has been a backlash against affirmative action programs. e) It is unlikely that affirmative action programs disappear in the near future.

Q: Leo has requested that the EEOC investigate his case of employment discrimination. What initial steps can Leo expect? a) Nothing. This is the wrong agency for employment discrimination complaints. He needs to file with the Sarbanes-Oxley agency. b) The EEOC will take up to 120 days to secure acceptable resolution of the discrimination charges before filing suit. c) The EEOC will help Leo form a labor union. d) The EEOC will explain Title VII coverage to the work group. e) The EEOC will pay the costs for Leo to file a civil suit against the employer.

Q: _______ include activities or modifications to the work environment that allow the qualified individual to perform the work. a) Seniority systems b) Affirmative action c) Disparate treatment d) Reasonable accommodations e) Reverse discrimination

Q: The following is the arm of the federal government empowered to handle discrimination in employment cases: a) Fair Employment Commission b) Fair Labor Standards Commission c) Equal Employment Opportunity Act d) Equal Employment Opportunity Commission e) Affirmative Action Commission

Q: Executive Order 11246 a) prohibits discrimination on the basis of race, religion, color, and national origin, by federal agencies as well as those working under federal contracts. b) added sex-based discrimination Executive Order 11375. c) granted the enforcement powers for the EEOC. d) affords EEO protection to pregnant workers. e) increased mandatory retirement age from 65 to 70.

Q: Which of the following is the most prominent piece of legislation regarding HRM? a) Executive Order 11478 b) Executive Order 11246 c) Title VII of the Equal Employment Opportunity Act of 1972 d) Title VII of the Civil Rights Act of 1991 e) Title VII of the Civil Rights Act of 1964

Q: Which of the following is a landmark Supreme Court decision stating that tests must fairly measure the knowledge or skills required for a job? a) Civil Rights Act of 1964 b) Washington v. Davis (1967) c) Griggs v. Duke Power Company (1971) d) Civil Rights Act of 1991 e) McDonnell-Douglas Corp. v. Green (1973)

Q: Which of the following is NOT true regarding Title VII of the Civil Rights Act of 1964?a) It prohibits discrimination in hiring, compensation, terms, conditions, and privileges of employment based on race, religion, color, sex, or national origin.b) It protects employees 30-65 years of age from discrimination.c) It prohibits retaliation against an individual who files a charge of discrimination.d) It prohibits retaliation against an individual who opposes any unlawful practice.e) It specifies compliance based on the number of employees in the organization.

Q: Age Discrimination in Employment Act of 1978 increased mandatory retirement age from a) 40 to 55. b) 65 to 70. c) 60 to 65. d) 70 to 80. e) 80 to 85.

Q: Under the ________ veterans have the right to return to their jobs in the private sector when they return military service.

Q: In 1975, the case of _______ clarified requirements for using and validating selection tests.

Q: The ________ decision made invalid any test or diploma requirements that disqualified African Americans at a substantially higher rate than whites if the differentiation could not be proved job related.

Q: The _______ case led to a four-part test used to determine if discrimination has occurred.