Mgmt 441 Staffing
Legal Context Practice Quiz
1. Do the Uniform Guidelines apply to employment selection procedures where there is no concern for
adverse impact?
a. yes
b. no
2. Do the Uniform Guidelines apply generally to recruiting procedures, such as when we hold job fairs to
recruit retired citizens, or college students at predominantly minority-enrollment colleges?
a. yes
b. no
3. Do the Uniform Guidelines require affirmative action when there is a finding of adverse impact?
a. yes
b. no
4. If the use of a hiring test has been shown to have adverse impact on members of a race, sex, or ethnic
group, can it still be used for hiring if it has not yet been validated following the Uniform Guidelines?
a. yes
b. no
5. The “4/5ths Rule” for determining adverse impact means that men can be hired at 85% of the hiring rate
for women, and still be considered fair employment practice.
a. yes
b. no
6. Selection results across protected groups that do not violate the 4/5ths rule can still be statistically
different (i.e., statistically significant difference in hiring rates) and constitute illegal adverse impact.
a. yes
b. no
7. Users may rely upon criterion-related validity studies, content validity studies or construct validity studies
to satisfy the Uniform Guidelines.
a. yes
b. no
8. In general, the Uniform Guidelines recommend against making hiring decisions on the basis of knowledge,
skills, or abilities which can also learned in a brief orientation period once hired.
a. yes
b. no
9. Neither data bearing on the frequency of a procedure's usage, nor testimonial statements, nor the
professional credentials of sellers are acceptable forms of criterion-related validity evidence by the Uniform
Guidelines.
a. yes
b. no
10. If an employer contracts with a search firm (“head hunter” in the slang of HRM), and that search firm
discriminates against women in screening for the employer, the plaintiffs can only sue the search firm for
unfair discrimination because the employer is not liable for actions by the search firm.
a. yes
b. no
11. The implicit weighting problem occurs when
a. several tests offer independent, statistically significant contributions to forecasting job success
b. statistical weights for test importance are estimated reliably in large samples
c. we don’t spell out the weights to put on tests, allowing managers to vary their weighting across candidates
d. we eat dorm food instead of the real thing, adding empty carbs and fat to our bodies
12. It is not acceptable to use a training proficiency measure as a substitute criterion, instead of a direct
measure of job performance when conducting criterion-related validation studies.
a. yes
b. no
13. Title VII of the Civil Rights Act (1964) covers all except:
a.
b.
c.
d.
e.
private employers of 15 or more employees
state governments
employment agencies
religious organizations
joint labor-management committees that direct apprenticeship and training programs
14. Title VII of the CRA (1964) prohibits discrimination based on which of these below?
a.
b.
c.
d.
e.
age
color
perceived disability
pregnancy
performance
15. Even though a 1978 amendment added pregnancy, childbirth, or related conditions to the protected
characteristics listed in the Civil Rights Act (1964), it is clear that employers may refuse to hire a pregnant
woman when her pregnancy will obviously affect performance on the particular job in question.
a. true
b. false
16. People who want to charge a company with discrimination have to file complaint after the alleged
discriminatory incident.
a.
b.
c.
d.
e.
180 days
365 days
24 months
48 months
60 months
17. Under the Uniform Guidelines, the EEOC can bring charges against an applicant or plaintiff for filing unfair
discrimination claims against an employer.
a. true
b. false
18. The Glass Ceiling effect is defined as:
a.
b.
c.
d.
the feeling that top officers involved in litigation shouldn’t throw stones around their glass ceilings
the certain embarrassment the firm experiences when its discriminatory conduct is made public
the unwanted scrutiny focused on women who are top officials in the firm by male subordinates
artificial barriers that impede advancement by women and minorities to high-level positions
19. Executive Order 11246, which covers contractors doing business with the Federal government, requires
that contractors, if found to be unfairly discriminating in prior employment practices to:
a.
b.
c.
d.
revert to a pure equal employment opportunity approach in hiring
engage in affirmative action
increase representation of minorities
subcontract with women-owned firms
20. ADEA (1967) as amended 1978, 1984, 1986, 1987 prohibits discrimination against:
a.
b.
c.
d.
those who are 40 or older on account of their age
those who are between 18 and 65 on account of their age.
those who are older than favorably treated employees
those who are not otherwise covered by ADA
21. Title I, of the Americans with Disabilities Act (1990) addresses employment, and requires
a.
b.
c.
d.
the employer provide any accommodation identified as helpful by the employee’s physician
any employer of 150 or more to engage in affirmative action for people with disabilities
the applicant to notify an employer of the need for a reasonable accommodation
the employer to inquire about the need for accommodation as part of the interview process
22. Which of the characteristics below is a protected characteristic covered by the ADA:
a.
b.
c.
d.
e.
transvestite
recovered heroine addict
alcoholic
compulsive gamblers
gay/lesbian sexual orientation
23. Executive Order 11246, issued by President Clinton, prohibits discrimination in federal employment based
on genetic information.
a. true
b. false
24. When determining the “reasonableness” of an accommodation for a person with a disability, the
employer:
a.
b.
c.
d.
must decide on a case-by-case basis
must set a Uniform standard for all employees
must be willing to spend an amount equal to the annual pay for the position
may refuse to provide an accommodation if other employees object to inequality
25. Under the Immigration Reform and Control Act (1986), employers can face civil and criminal penalties:
a.
b.
c.
d.
for knowingly employing any alien person not legally allowed to work in the US
for hiring a foreign national who subsequently is discovered to be working illegally
for paying foreign nationals less than the prevailing wage in the area of employment
for dismissing a foreign national without informing the immigration and naturalization service
26. Illegal disparate impact may have occurred when all people are subject to the same hiring process, but
the effect of the process is to screen out approximately equal proportions of one ethnic or gender group
compared with another.
a. true
b. false
27. The McDonnell Douglas v. Green (1973) standard for determining disparate treatment includes each step
below except:
a. applicant belongs to a protected class
b. applied for job, was qualified and company was seeking applicants
c. was hired due to qualifications
d. after this rejection, the position remained open and the employer continued
to seek applicants from those with plaintiff’s qualifications
e. actually all of these steps are part of the McDonnell Douglas v. Green standard
28. Interviews, as inherently subjective devices, can not be scrutinized for discriminatory impact in hiring.
a. true
b. false
29. To defend against a charge of disparate impact, the employer can use these tools except:
a.
b.
c.
d.
The employer can show job-relatedness via business necessity
The employer can show the applicant is a bigot
The employer can establish a Bona Fide Occupational Qualification argument
The employer can show job-related validity evidence
30. The only characteristic below for which a BFOQ argument can be typically mounted is:
a.
b.
c.
d.
ethnicity
race
sex
national origin
31. Based on the Watson v. Ft Worth Bank and Trust (1988), any selection tool or method is subject to
scrutiny for adverse impact:
a. yes
b. no
32. You should not be involved in affirmative action if
a.
b.
c.
d.
you’re a government contractor
you‘re using voluntary AA consistent with Weber v. Kaiser (1979) standard.
your internal utilization matches external availability closely
you’re under court order to engage in affirmative action
33. The Weber v. Kaiser (1979) 3-part standard for deciding if voluntary affirmative action is permissible
include each below except:
a.
b.
c.
d.
the AA involves use of goals and timetables
the AA is a measure to correct manifest imbalance in the work force
the AA must “trammel” majority interest
the AA ceases when integration is achieved
34. The Griggs v. Duke Power (1971) Supreme Court decision did all of these except:
a.
b.
c.
d.
defined adverse impact as opposed to intentional discrimination
made it illegal to use intelligence tests in employment screening
highlighted the importance of using current job information
established shifting burden of proof in proving unfair discrimination
35. Supreme Court was critical of Georgia Power (in US v. Georgia Power, 1973), in part, because:
a. its validation study did not meet “EEOC guidelines” on sampling
b. its minority recruiting practices were nonexistent
c. its work force was all white
d. its human resource director did not conduct a job analysis
36. In Spurlock v. United Airlines (1972), the Supreme Court substantially restricted the employer’s degree of
latitude when establishing qualifications for jobs with substantial responsibility such as flight navigator.
a. true
b. false
37. In the Connecticut v. Teal (1982) Supreme Court decision, the State could not undo the initial headwind
for Teal by later ‘reverse’ discrimination. That is, even though in total there was no adverse impact, there was
illegal discrimination at each of two steps, which did not fix Teal’s discriminatory treatment.
a. true
b. false
38. In Adarand Constructors v. Pena the Supreme Court decided that affirmative action must be “very
narrowly tailored” (paraphrasing Gatewood and Feild) in order to achieve the purpose of the program.
a. true
b. false
39. In the Auto Workers v. Johnson Controls (1991) decision, the Supreme Court said a safety BFOQ (that is,
bona fide occupational qualification, as is argued in prison cases) is limited to instances in which sex or
pregnancy actually interferes with the employee’s ability to perform the job; also the employer did not
protect fertility for all individuals (i.e., males also) and therefore the employer illegally discriminated.
a. true
b. false
40. In the recent Sutton v. United Air Lines (1999) Supreme Court decision, it was decided that:
a. the plaintiffs were not covered by the ADA (1990) because their vision could be corrected with glasses.
b. the employer was required to reimburse employees for medical costs to control bipolar disorder.
c. the plaintiffs had no standing to sue United Air Lines because they were not employees.
d. the employer had no obligation to prefer qualified applicants with disabilities over qualified applicants not
disabled under ADA (1990)
41. ADA prohibits the use of qualification standards, tests, or selection criteria that tend to screen out
individuals with disabilities unless the standard is job-related and consistent with business necessity.
a. true
b. false
42. The EEOC is generally charged with monitoring and enforcing federal anti-discrimination laws.
a. true
b. false
43. An “essential job duty” under the ADA is defined as such by each standard below, except:
a. The activity is highly specialized, and the person in the position is hired for the special expertise or ability to
perform it.
b. Only a limited number of other employees are available to perform the activity or among whom the activity
can be distributed
c. The position is one of many that exists to perform the activity
44. Documents considered acceptable forms of identification proof under the IRCA of 1986 include all except:
a. US Passport
b. Resident alien card
c. Driver’s license issues in the United States
d. Certificate of naturalization
e. Each of the above can be an acceptable form of identification for IRCA purposes
45. The net effect of the Ward’s Cove v. Atonio (1989) case was to make it easier for the plaintiff to prove that
illegal discrimination occurred.
a. true
b. false
46. In the Ricci v. DeStefano (2009) US Supreme Court case, the employer:
a. was guilty of disparate treatment discrimination
b. was guilty of adverse impact discrimination
c. failed to follow the Uniform Guidelines when developing the firefighter promotion test
d. failed to adhere to Executive order 13145 when implementing testing in a public sector organization
Adverse impact analysis (5 points each, 10 total)
47. A new sales office was opened, and 30 positions were available. Two hundred men and one hundred
women applied for these positions, and all positions were filled from this pool of applicants. What is the
overall selection ratio in the example? If twenty of the positions are filled by men, is there a possibility of
unfair discrimination? Against whom? Why?
48. A new factory was opened in La Jolla California. One thousand, six hundred fifty positions were to be
filled. Of the 4000 European-heritage applicants, 800 were hired. Of the 1000 Latino applicants 150 were
hired. Of the 500 Asian-heritage applicants, 100 were hired. Of the 1500 African-heritage applicants, 600
were hired. Other things equal, is there evidence of disparate impact in hiring in these results? Where?
Against whom?