Using the four-fifths rule, a company analyzed its pass rate ratio for an employment test.
Hispanics passed at a rate of 25%, and Whites passed at a rate of 75%. The ratio for
protected classes against non-protected classes was well below 80%. What should the
company conclude from these results? - ANSWER-There is a disparate impact
An airline is concerned about declining cognitive ability in older pilots and wants to
create a new policy that focuses on recruiting younger pilots and exiting older pilots
from the company. What policy should the airline use? - ANSWER-Mandatory
retirement for pilots at 65 years old.
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question a human resources professional should
ask to determine if this law applies to the employee? - ANSWER-Does the employee
meet the eligibility requirements?
An employee complains of religious discrimination in the workplace based on Title VII.
What step should a human resource professional take to determine if the law applies to
this situation? - ANSWER-Determine if the employee meets eligibility requirements.
What is the minimum number of employees that an organization must have for Title VII
for the Civil Rights Act to apply? - ANSWER-15
An organization uses intelligence tests in its hiring process. Minority applicants
generally score three standard deviations below the majority average, leaving them
largely ineligible for employment by this organization. Which type of discrimination is
reflected in this scenario? - ANSWER-Disparate impact
Which defense is available to a company claiming that workers over a certain age are
unable to perform specific job functions? - ANSWER-Bona fide occupational
qualifications
An employee was fired from a company after an act of sabotage. The employee
appeared to be from the same country as the group who carried out the sabotage. The
, employee is now suing for wrongful termination. Which discrimination theory will help
the employee's case? - ANSWER-National Origin
Which race discrimination claim can be based on an employer's policy of racial
animosity, steering assignments, or yielding to customer discriminatory preference? -
ANSWER-Disparate treatment
As part of a company's wellness program, staff members are offered discounts for
participating in smoking cessation programs and for wearing a healthy monitoring watch
that tracks their physical activity and sleep patterns. The chief operating officer (COO)
encounters staff members smoking in the company parking lot and not wearing their
watches. The following day, the COO requests a list of the staff members participating
in the smoking cessation programs from their insurance broker and asks human
resources (HR) to prepare termination letters for the staff members on that list who were
smoking in the parking lot the day before. Which act's requirements should HR use as a
basis to deny the COO's request? - ANSWER-Genetic Information Nondiscrimination
Act
A pregnant employee at a grocery store worked as a butcher in the meat department. In
the third trimester of pregnancy, they requested medical accommodation to be able to
sit while they worked, and the store manager refused. One of their coworkers went to
the corporate office's human resources (HR) office to report the manager for
harassment and employment rights violations. How should HR respond to the
complaint? - ANSWER-Investigate the store manager and process the request under
the Americans with Disabilities Act
The plaintiff in a court case claims to have been passed over for a job due to being a
member of the majority class. What is the basis for the plaintiff's claim? - ANSWER-
Reverse discrimination
What is the purpose of affirmative action? - ANSWER-To mandate that businesses with
federally funded projects work to eliminate bias in employment practices.
A supervisor passes an employee for a promotion due to verbal communication by other
staff members about the employee's work habits, hygiene, and personal life. -
ANSWER-slander
What does the U.S. Constitution accomplish? - ANSWER-It divides power between the
branches of government.
Under which legal system do prior judicial decisions control later cases? - ANSWER-
Common law
What is the central element of the common law agency test for an independent
contractor? - ANSWER-Level of control retained by the worker
Which question is part of the IRS 20-Factor Analysis for determining whether a worker
is an employee or an independent contractor? - ANSWER-How much training does the
employer give?
What does scope of employment mean under the respondeat superior doctrine? -
ANSWER-Conduct relevant to a job description
What determines employer liability under the respondeat superior doctrine? - ANSWER-
The scope of employment
Which term indicates that an employer may terminate an employee at any time, for any
legal reason, without incurring liability? - ANSWER-Employment-at-will
Hispanics passed at a rate of 25%, and Whites passed at a rate of 75%. The ratio for
protected classes against non-protected classes was well below 80%. What should the
company conclude from these results? - ANSWER-There is a disparate impact
An airline is concerned about declining cognitive ability in older pilots and wants to
create a new policy that focuses on recruiting younger pilots and exiting older pilots
from the company. What policy should the airline use? - ANSWER-Mandatory
retirement for pilots at 65 years old.
An employee claimed the need for special treatment based on Title VII of the Civil
Rights Act of 1964. What is the first question a human resources professional should
ask to determine if this law applies to the employee? - ANSWER-Does the employee
meet the eligibility requirements?
An employee complains of religious discrimination in the workplace based on Title VII.
What step should a human resource professional take to determine if the law applies to
this situation? - ANSWER-Determine if the employee meets eligibility requirements.
What is the minimum number of employees that an organization must have for Title VII
for the Civil Rights Act to apply? - ANSWER-15
An organization uses intelligence tests in its hiring process. Minority applicants
generally score three standard deviations below the majority average, leaving them
largely ineligible for employment by this organization. Which type of discrimination is
reflected in this scenario? - ANSWER-Disparate impact
Which defense is available to a company claiming that workers over a certain age are
unable to perform specific job functions? - ANSWER-Bona fide occupational
qualifications
An employee was fired from a company after an act of sabotage. The employee
appeared to be from the same country as the group who carried out the sabotage. The
, employee is now suing for wrongful termination. Which discrimination theory will help
the employee's case? - ANSWER-National Origin
Which race discrimination claim can be based on an employer's policy of racial
animosity, steering assignments, or yielding to customer discriminatory preference? -
ANSWER-Disparate treatment
As part of a company's wellness program, staff members are offered discounts for
participating in smoking cessation programs and for wearing a healthy monitoring watch
that tracks their physical activity and sleep patterns. The chief operating officer (COO)
encounters staff members smoking in the company parking lot and not wearing their
watches. The following day, the COO requests a list of the staff members participating
in the smoking cessation programs from their insurance broker and asks human
resources (HR) to prepare termination letters for the staff members on that list who were
smoking in the parking lot the day before. Which act's requirements should HR use as a
basis to deny the COO's request? - ANSWER-Genetic Information Nondiscrimination
Act
A pregnant employee at a grocery store worked as a butcher in the meat department. In
the third trimester of pregnancy, they requested medical accommodation to be able to
sit while they worked, and the store manager refused. One of their coworkers went to
the corporate office's human resources (HR) office to report the manager for
harassment and employment rights violations. How should HR respond to the
complaint? - ANSWER-Investigate the store manager and process the request under
the Americans with Disabilities Act
The plaintiff in a court case claims to have been passed over for a job due to being a
member of the majority class. What is the basis for the plaintiff's claim? - ANSWER-
Reverse discrimination
What is the purpose of affirmative action? - ANSWER-To mandate that businesses with
federally funded projects work to eliminate bias in employment practices.
A supervisor passes an employee for a promotion due to verbal communication by other
staff members about the employee's work habits, hygiene, and personal life. -
ANSWER-slander
What does the U.S. Constitution accomplish? - ANSWER-It divides power between the
branches of government.
Under which legal system do prior judicial decisions control later cases? - ANSWER-
Common law
What is the central element of the common law agency test for an independent
contractor? - ANSWER-Level of control retained by the worker
Which question is part of the IRS 20-Factor Analysis for determining whether a worker
is an employee or an independent contractor? - ANSWER-How much training does the
employer give?
What does scope of employment mean under the respondeat superior doctrine? -
ANSWER-Conduct relevant to a job description
What determines employer liability under the respondeat superior doctrine? - ANSWER-
The scope of employment
Which term indicates that an employer may terminate an employee at any time, for any
legal reason, without incurring liability? - ANSWER-Employment-at-will
