D351 EXAMINATION QUESTIONS AND VERIFIED
ANSWERS
Adverse employment action - Any action such as firings, demotions, schedule reductions,
or changes that would harm the individual employee
Affirmative action - A series of policies, programs, and initiatives that have been
instituted by various entities within both government and the private sector that are designed
to prefer hiring of individuals from protected groups in certain circumstances in an attempt to
mitigate past discrimination
Arbitrator - a neutral third party who resolves a conflict by making a binding decision
Authority - The right to give orders, enforce obedience, make decisions, and commit
resources toward completing organizational goals
Constructive discharge - when an employee is put under such extreme pressure by
management that continued employment becomes intolerable and, as a result, the employee
quits, or resigns from the organization
Disparate impact - when an officially neutral employment practice disproportionately
excludes the members of a protected group; it is generally considered to be unintentional, but
intent is irrelevant
Disparate treatment - When individuals in similar situations are intentionally treated
differently and the different treatment is based on an individual's membership in a protected
class
Electronic Performance Monitoring (EPM) - the process of observing ongoing employee
actions using computers or other nonhuman methods
employment at will - concept allowing the company or the worker to break the work
relationship at any point in time, with or without any particular reason, as long as in doing so,
no law is violated
Ethics - The application of a set of values and principles in order to make the right, or
good, choice
Four-Fifths Rule - a test used by various federal courts, the Department of Labor, and the
EEOC to determine whether disparate impact exists in an employment test
ANSWERS
Adverse employment action - Any action such as firings, demotions, schedule reductions,
or changes that would harm the individual employee
Affirmative action - A series of policies, programs, and initiatives that have been
instituted by various entities within both government and the private sector that are designed
to prefer hiring of individuals from protected groups in certain circumstances in an attempt to
mitigate past discrimination
Arbitrator - a neutral third party who resolves a conflict by making a binding decision
Authority - The right to give orders, enforce obedience, make decisions, and commit
resources toward completing organizational goals
Constructive discharge - when an employee is put under such extreme pressure by
management that continued employment becomes intolerable and, as a result, the employee
quits, or resigns from the organization
Disparate impact - when an officially neutral employment practice disproportionately
excludes the members of a protected group; it is generally considered to be unintentional, but
intent is irrelevant
Disparate treatment - When individuals in similar situations are intentionally treated
differently and the different treatment is based on an individual's membership in a protected
class
Electronic Performance Monitoring (EPM) - the process of observing ongoing employee
actions using computers or other nonhuman methods
employment at will - concept allowing the company or the worker to break the work
relationship at any point in time, with or without any particular reason, as long as in doing so,
no law is violated
Ethics - The application of a set of values and principles in order to make the right, or
good, choice
Four-Fifths Rule - a test used by various federal courts, the Department of Labor, and the
EEOC to determine whether disparate impact exists in an employment test
