Week 4: Legal Issues in Employee Selection

Question 1

In the field of human resources (HR), it is not a question of whether you will get sued by an applicant or former employee but ______ and ____ _______.

Answer 1

When and how often

Question 2

TRUE OR FALSE:

To know whether a given employment practice is legal, it is important to understand the legal process as it relates to employment law.

Answer 2

TRUE

Question 3

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

Laws are passed by the Philippine Congress (comprising the Senate and the House of Representatives). These laws can address various issues related to labor rights, discrimination, workplace conditions, and other employment practices.

Examples include the Labor Code of the Philippines, the Anti-Sexual Harassment Act, the Magna Carta for Women, and more.

Answer 3

Legislation

Question 4

TRUE OR FALSE | LEGAL PROCESS IN THE PHILIPPINES:

Local government units (LGUs) can enact local ordinances that expand or strengthen national laws to address specific local concerns (e.g., anti-discrimination ordinances in certain cities or municipalities). However, LGUs can also create laws that contradict national legislation.

Answer 4

FALSE - LGUs cannot create laws that contradict national legislation.

Question 5

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

After a law is passed, it is enforced by government agencies such as the Department of Labor and Employment (DOLE), the National Labor Relations Commission (NLRC), and the Commission on Human Rights (CHR).

Answer 5

Implementation

Question 6

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

DOLE plays a key role in enforcing labor standards, resolving labor disputes, and overseeing the implementation of laws like the Labor Code, Occupational Health and Safety, and other related laws.

Answer 6

Implementation

Question 7

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

In case of violations of employment law, workers can file complaints with agencies like DOLE, the NLRC, or the CHR. If necessary, the cases can be escalated to courts.

Answer 7

Court System

Question 8

TRUE OR FALSE| LEGAL PROCESS IN THE PHILIPPINES:

DOLE is the final authority on interpreting laws related to employment and labor. It has ruled on various important cases related to worker rights, discrimination, and employment practices.

Answer 8

FALSE - It is the Supreme Court of the Philippines that is the final authority on such matters.

Question 9

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

If there is a dispute regarding the interpretation of laws, the matter can be taken up to higher courts, up to the Supreme Court.

Answer 9

Judicial Review

Question 10

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

Legal precedents set by the Supreme Court in employment and discrimination cases play a crucial role in guiding the implementation of these laws in the future.

Answer 10

Judicial Review

Question 11

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

These govern employment practices across the country.

Answer 11

National Laws

Question 12

IDENTIFICATION | LEGAL PROCESS IN THE PHILIPPINES:

These may provide additional protections. However, they cannot override national laws.

Answer 12

Local Laws

Question 13

Before a complaint can be filed with the EEOC, what must an employee do?

Answer 13

They must utilize whatever internal resolution process is available within the organization.

Question 14

IDENTIFICATION | RESOLVING THE COMPLAINT INTERNALLY:

Most organizations have formal policies regarding how discrimination complaints will be handled internally. Typically, these policies involve such forms of ____________ _________ ______________ (ADR) as a grievance process, mediation, and arbitration.

Answer 14

Alternative Dispute Resolution

Question 15

IDENTIFICATION | RESOLVING THE COMPLAINT INTERNALLY:

Employees take their complaints to an internal committee that makes a decision regarding the complaints. If employees do not like the decision, they can then take their complaints to the EEOC.

Answer 15

Grievance System

Question 16

IDENTIFICATION | RESOLVING THE COMPLAINT INTERNALLY:

Employees and the organization meet with a neutral third party who tries to help the two sides reach a mutually agreed upon solution. If they cannot reach a solution, the complaint can be taken to arbitration or to the EEOC.

Answer 16

Mediation

Question 17

IDENTIFICATION | RESOLVING THE COMPLAINT INTERNALLY:

The two sides present their case to a neutral third party who then makes a decision as to which side is right.

Answer 17

Arbitration

Question 18

RESOLVING THE COMPLAINT INTERNALLY:

What is the difference between mediation and arbitration?

Answer 18

• In mediation, the neutral third party helps the two sides reach an agreement.
• In arbitration, the neutral third party makes the decision.

Question 19

RESOLVING THE COMPLAINT INTERNALLY | ARBITRATION:

If this type of arbitration is used, neither side can appeal the decision.

Answer 19

Binding Arbitration

Question 20

RESOLVING THE COMPLAINT INTERNALLY | ARBITRATION:

If this type of arbitration is used, the parties can either accept the decision or take the case to court.

Answer 20

Nonbinding Arbitration

Question 21

FILING A DISCRIMINATION CHARGE:

A charge of discrimination is usually filed with a government agency.

(1) This agency is used if the alleged violation involves a state law; and
(2) This agency, usually the EEOC, handles alleged violations of federal law.

Answer 21

(1) State agency; (2) Federal agency

Question 22

FILING A DISCRIMINATION CHARGE:

An EEOC complaint must be filed within ____ days of the discriminatory act.

Answer 22

180 days

Question 23

FILING A DISCRIMINATION CHARGE:

An EEOC complaint must be filed within ____ days if the complainant has already filed a complaint with a state or local fair-employment practice agency.

Answer 23

300 days

Question 24

OUTCOMES OF AN EEOC INVESTIGATION:

Charge does not have merit - one of two things can happen based on whether the person filing the complaint accepts the decision:

(1) If the complainant accepts the decision, ___ __________ ____.
(2) If the complainant does not accept the decision, he is issued a ________ __ ____ _________ that entitles him to hire a private attorney and file the case himself.

Answer 24

(1) the process ends; (2) “right to sue” letter

Question 25

**OUTCOMES OF AN EEOC INVESTIGATION:** *Charge has merit* - if the EEOC believes that the discrimination charge has merit, it will try to work out a settlement between the claimant and employer without taking the case to court. These settlements might include (1-3):

Answer 25

(1) An employer *offering a job or promotion* to the person filing the complaint; (2) The payment of *back wages*; and (3) The payment of *compensatory* or *punitive* damages

Question 26

**OUTCOMES OF AN EEOC INVESTIGATION:** *Charge has merit* - if the EEOC believes that the discrimination charge has merit, it will try to work out a settlement between the claimant and employer without taking the case to court. These settlements can range in size from...?

Answer 26

A few dollars to more than $100 million

Question 27

**CASE LAW:** If a settlement cannot be reached, however, the case goes to a _________ _________ ________, with the EEOC representing (physically and financially) the person filing the complaint.

Answer 27

Federal district court

Question 28

**TRUE OR FALSE | CASE LAW:** When the district court makes a decision, the decision becomes case law.

Answer 28

TRUE

Question 29

**CASE LAW:** This is a judicial interpretation of a law; it is important because it establishes a precedent for future cases.

Answer 29

Case Law

Question 30

An _____________________ ___________ is any decision that affects an employee. This includes hiring, training, firing, promoting, assigning employees to shifts, determining pay, disciplining, and scheduling vacations.

Answer 30

Employment Practice

Question 31

**TRUE OR FALSE:** Not all decisions made by an employer has the potential for legal challenge.

Answer 31

FALSE - *any* decision can be challenged legally.

Question 32

Any group of people for which protective legislation has been passed

Answer 32

Protected Class

Question 33

Any group of individuals specifically protected by federal law

Answer 33

Federally protected class

Question 34

**TRUE OR FALSE:** On the basis of the Civil Rights Acts of 1866, 1964, and 1991, as well as the Fifth and Fourteenth Amendments to the U.S. Consitution (YAWN), it is *illegal to discriminate against a person based on race*.

Answer 34

Well no shit TRUE

Question 35

These clauses of the Fifth and Fourteenth Amendments mandate that no federal or state agency may deny a person equal protection under the law.

Answer 35

Equal protection clauses

Question 36

If a job can be performed only by a person in a particular class, the requirement is considered a BFOQ.

Answer 36

Bona fide occupational qualification

Question 37

**TRUE OR FALSE:** Employment decisions based on membership in a protected class (e.g., "We will not hire females because they are not strong enough to do the job") are illegal unless the employer can demonstrate that the requirement is a BFOQ.

Answer 37

TRUE

Question 38

**TRUE OR FALSE:** The courts have clearly stated that a BFOQ must satisfy a customer's or client's preferences.

Answer 38

FALSE - a BFOQ must involve the ability to perform the job.

Question 39

**IDENTIFICATION | TYPES OF HARASSMENT:** The granting of sexual favors is tied to such employment decisions as promotions and salary increases. EXAMPLE: A supervisor who tells his secretary that she must sleep with him to keep her job.

Answer 39

Quid pro quo

Question 40

**TRUE OR FALSE | TYPES OF HARASSMENT:** In quid pro quo cases, a *single incident is enough* to constitute sexual harassment and result in the organization being liable for legal damages.

Answer 40

TRUE

Question 41

**IDENTIFICATION | TYPES OF HARASSMENT:** When an unwanted pattern of conduct related to gender unreasonably interferes with an individual's work performance.

Answer 41

Hostile Environment

Question 42

**IDENTIFICATION | TYPES OF HARASSMENT:** It becomes harassment if the coworker continually makes unwanted romantic or sexual overtures or repeatedly makes inappropriate remarks.

Answer 42

Pattern of Behavior

Question 43

**IDENTIFICATION | TYPES OF HARASSMENT:** Members of a police department consistently referring to female officers as "babes" or "honey" would be an example of sexual harassment because the comments are ________ __ _________ and are demeaning to the female officer.

Answer 43

Based on Gender

Question 44

**IDENTIFICATION | TYPES OF HARASSMENT:** "Let's go to the Holiday Inn and negotiate your raise" and "You're just a dumbass woman" constitutes harassment, even if the female employee did not suffer any great psychological damage.

Answer 44

Negative to the Reasonable Person

Question 45

**TRUE OR FALSE | PRIVACY ISSUES:** An employment practice is illegal if it results in adverse impact and is not job-related. An employment practice can also be illegal if it unnecessarily violates an individual's right to privacy.

Answer 45

TRUE

Question 46

**IDENTIFICATION | PRIVACY ISSUES:** _______ ____________ of *current employees* by a *public agency* must be based on reasonable suspicion and with just cause.

Answer 46

Drug testing

Question 47

**IDENTIFICATION | PRIVACY ISSUES:** These are allowed under the law as long as they are reasonable and with just cause. Allowing employees to place their own locks on lockers, however, removes the right of the organization to search the locker.

Answer 47

Office and locker searches

Question 48

**IDENTIFICATION | PRIVACY ISSUES:** An employment test may be illegal if its questions unnecessarily invade the privacy of an applicant. At most risk are tests originally developed to measure psychopathology. These tests often include questions about topics such as religion and sexual preference that some applicants may feel uncomfortable answering.

Answer 48

Psychological Tests

Question 49

**IDENTIFICATION | PRIVACY ISSUES:** Almost 80% of organizations in the United States monitor their employees' behavior, email, internet usage, or telephone conversations. The idea behind this is that unproductive behavior can be tracked and potential legal problems.

Answer 49

Electronic Surveillance

Question 50

The _______________ __________________ ____ states that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefit programs, as other persons not so affected but similar in their ability or inability to work". Simply put, this act requires pregnancy to be treated as any other short-term disability.

Answer 50

Pregnancy Discrimination Act

Question 51

To file a suit under this act, an individual must demonstrate that they are in the specified age bracket, have been discharged or demoted, were performing the job adequately at the time of discharge or demotion, and have been replaced by a younger worker; even if the younger worker is older than 40. Though mandatory retirement ages are allowed in certain circumstances, they are usually illegal because, as research indicates, in general, *work performance does not decline with age*.

Answer 51

Discrimination based on age

Question 52

**TRUE OR FALSE:** It is illegal to use an individual's religion as a factor in an employment decision unless the nature of the job is religious.

Answer 52

TRUE