Quiz 2

Question 1

Aspects of Misrepresentation

Answer 1

o Claims regarding terms of job offer
o Job Requirements
o Matters relating to representation

Question 2

Aspects of Fraud

Answer 2

o	Misrepresentation of:
	Material Fact
	With intent to deceive
	Applicant relies on false information
	To his/her detriment

Question 3

 Application of Regulation to Recruitment Practices

Answer 3

• Statutes and the common-law claim of fraud protect applicants from discriminatory recruitment practices

Question 4

What are the risks of word-of-mouth recruiting?

Answer 4

Unbalanced applicant pool

More risky if encouraged by employer

Question 5

What should one avoid when utilizing promotion-from-within policies?

Answer 5

secretive processes

Question 6

What can an employer do to avoid secretive promotion-from-within processes?

Answer 6

post job where everyone has a chance to see it

Question 7

What are some risks of venue recruiting?

Answer 7

when an employer recruits with a preference for experienced applicants for entry-level jobs—for instance, recruiting firefighters and specifying a preference for applicants with experience in volunteer fire departments

Question 8

risks of walk-ins

Answer 8

the company may only attract one type of employee

Question 9

define neutral solicitation with regard to recruiting

Answer 9

o The announcement or solicitation should invite applications from all groups and should not suggest a preference for any one class of individual

Question 10

during the application phase of staffing process what questions are illegal?

Answer 10

 Disabilities
 Specific health inquiries
 Worker’s comp history

Question 11

What are some questions that are not illegal but should be avoided during the staffing process?

Answer 11

	Sex
	Religion
	Marital status
	Nationality
	Religion

Question 12

define negligent hiring

Answer 12

 Employment of a person who causes harm that could have been prevented if the employer had conducted a reasonable and responsible background check on the employee

Question 13

define negligence

Answer 13

 Failing to do something in such a way or manner as a reasonable person would have done; doing something that a reasonable person would not do; or failing to raise one’s standard of care to the level of care that a reasonable person would use in a given situation

Question 14

negligent supervision

Answer 14

• When employer fails to actively oversee employee who threatens violence

Question 15

define negligent retention

Answer 15

• employee’s conduct gives rise to employer action such as suspension or dismissal, but the employer fails to take such action and a third party suffers damages

Question 16

what are the grounds for a negligent hiring claim?

Answer 16

 Existence of employer-employee relationship
 Incompetence for the position assumed
 Employer’s knowledge of incompetence
 Employee’s act contributed to harm of plaintiff
 The employer’s negligence in hiring the incompetent employee led to the harm of the plaintiff

Question 17

what step may need to be taken to reduce the risk of misrepresentation during the reference check process?

Answer 17

 Suggest that employee sign voluntary written release form giving permission to talk to references

Question 18

define compelled self-publication

Answer 18

 Occurs when an ex-employee is forced to repeat the reason for her or his termination and thereby has the basis for a claim for defamation

Question 19

After-Acquired Evidence

Answer 19

claiming that the employee was fired for something other than protected characteristics after the employer has been accused of violation of title vii

Question 20

What are the two forms of tests that employees are subject to in the work environment?

Answer 20

 Finding the right individual

 Making sure that individuals are free from problems that could inhibit their ability to perform work

Question 21

define eligibility testing

Answer 21

 Tests an employer administers to ensure that the potential employee is capable and qualified to perform the requirements of the position

Question 22

what are two reasons to perform job testing?

Answer 22

 Job may require unique skills

 Make sure applicants meet minimum requirements

Question 23

what are the three forms of test validity?

Answer 23

criterion related validity
content validation
construct validity

Question 24

criterion related validity

Answer 24

• Collect data related to job performance

Question 25

content validation identifies

Answer 25

o Important tasks o Behaviors o Knowledge

Question 26

construct validity useful when measuring

Answer 26

psychological characteristics

Question 27

What type of testing remains one of the most accurate predictors of success on the job?

Answer 27

intelligence testing - use with caution

Question 28

define physical ability tests

Answer 28

 administered to applicants seeking particularly physically demanding jobs increase the likelihood that candidates will be able to perform the essential physical functions of the job in question - usually a job simulation

Question 29

what are some valid reasons for ineligibility tests?

Answer 29

the employer may wish to reduce workplace injury or to provide a safer working environment  an employer may use drug tests to predict employee performance or to deter poor performance  testing can reduce the employer’s financial responsibility to the state workers’ compensation system  a discharge resulting from an employee’s failure to take a test for ineligibility is protected under the employment-at-will doctrine

Question 30

What two types of employers are covered under the Drug-free workforce act?

Answer 30

federal employees | government contractors

Question 31

What does the drug-free workforce act require?

Answer 31

o Publish a statement about the act o Establish a drug-free work place o Give employee copy of policy

Question 32

define pre-employment testing

Answer 32

Testing that takes place before hiring, or sometimes after hiring but before employment, in connection with such qualities as integrity, honesty, drug and alcohol use, HIV, or other characteristics.

Question 33

which employers are exempt from the polygraph act?

Answer 33

government security firms controlled substance firms

Question 34

when can a private employer use a polygraph on an employee?

Answer 34

connection to workplace theft employee has access to items stolen employer must have reasonable suspicion employee must give written info regarding basis of investigation

Question 35

what are some legal implications of performance appraisal systems

Answer 35

Given their potential for subjectivity, as well as biased or skewed results, performance appraisal schemes are susceptible to abuse and criticism.

Question 36

T/F Race may sometimes be used as a business necessity defense to discrimination

Answer 36

F

Question 37

An employee or applicant must show the following to be successful in a claim of discrimination based on national origin:

Answer 37

1. The individual was a member of a protected class. 2. The individual was qualified for the position at issue. 3. The employer made an employment decision against the individual. 4. The position was filled by someone not in a protected class.

Question 38

define national origin

Answer 38

individual’s ancestor’s place of origin or physical, cultural, or linguistic characteristics of an origin group.

Question 39

T/F business necessity defense for national origin discrimination has been shown to be relatively easy

Answer 39

F

Question 40

When can an "english-only" policy be used?

Answer 40

when it directly relates to the job

Question 41

T/F Employers are not required to find reasonable accommodation for national origin discrimination

Answer 41

T

Question 42

Immigration Reform and Control Act,

Answer 42

prohibits, in certain circumstances, discrimination on the basis of citizenship. The act does allow for discrimination in favor of U.S. citizens where applicants are equally qualified.