MGT 424 EXAM 1 Questions AND Correct Answers
Adverse Employment Action - ✔✔harassment that does not directly
alter a person's employment status, but makes it more difficult to
perform well and stay on the job
Adverse Impact - ✔✔unintentional, disproportionate limitation or
denial of employment opportunity for some protected class group
that results from the use of a "neutral" requirement or practice that
cannot be adequately justified
After-Acquired Evidence - ✔✔show that there is another consequence
to employee falsifications and omissions during the hiring process.
The consequence is that the legal remedies available to employees in
suits against their employers may be limited due to their prior
misbehavior.
Agency - ✔✔Employers legally responsible for the actions of their
employees, and reliable mainly if if those employees use authority
conferred to them by managers to make employment decisions in
ways that violate the law.
Alternative Dispute Resolution (ADR) - ✔✔alternatives to going to
court for resolving disputes (mediation and arbitration)
Applicants - ✔✔Any person who indicates interest in being considered
for an employment opportunity. Interest can be expressed by:
,completing a job application form, or through other means. A person
who voluntarily withdraws, formally or informally, at any stage of the
selection process is no longer an applicant.
Arbitration - ✔✔when a neutral third party (arbitrator) functions
more like a private judge. They hear disputes and render decisions
that are almost always final and binding on the parties
Background Checks - ✔✔used to verify information provided by
candidates and to determine whether any disqualifying factors exist.
Bona Fide Occupational Qualification (BFOQ) - ✔✔a quality or an
attribute that employers are allowed to consider when making
decisions on the hiring and retention of employees—qualities that
when considered in other contexts would constitute discrimination in
violation of civil rights employment law. Such qualifications must be
listed in the employment offering.
Breach of Contract - ✔✔sometimes claimed simultaneously with
fraud, but the two are distinct.
•Intentional misrepresentation is an essential element of fraud
claims, whereas breach of contract is established by a failure to live
up to binding promises, regardless of intent.
•Fraud claims usually involve false statements made about current or
pre existing facts, whereas breach of contract claims involve promises
made about future terms and conditions of employment.
, Burden of Proof - ✔✔the plaintiff's obligation to show, generally by a
"preponderance (the majority) of the evidence" that his rights were
violated
Circumstantial Evidence - ✔✔hints at the possibility of (discrimination
for example), but by itself is not sufficient to compel that conclusion.
Class-Action Lawsuit - ✔✔a lawsuit where numerous plaintiffs join
forces in claiming that their rights were violated in essentially the
same manner by their employer
Common Law - ✔✔the law that claims to remedy harm to people
caused by other people or companies
Common Law Test - ✔✔a widely used method for determining
employee status; 1) The extent of the hiring party's right to control
the manner and means by which the work is done 2) the level of skill
required 3) the source of necessary tools and materials 4) the location
of the work 5) the duration of the work 6) the extent of the hiring
party's right to assign additional projects to the hired party 7) the
extent of the hired party's discretion over when and how long to work
8) the method of payment 9) the hired party's role is in hiring and pay
assistants 10) the extent to which the work is part of the regular
business of the hiring party 11) whether the hiring party is in business
Adverse Employment Action - ✔✔harassment that does not directly
alter a person's employment status, but makes it more difficult to
perform well and stay on the job
Adverse Impact - ✔✔unintentional, disproportionate limitation or
denial of employment opportunity for some protected class group
that results from the use of a "neutral" requirement or practice that
cannot be adequately justified
After-Acquired Evidence - ✔✔show that there is another consequence
to employee falsifications and omissions during the hiring process.
The consequence is that the legal remedies available to employees in
suits against their employers may be limited due to their prior
misbehavior.
Agency - ✔✔Employers legally responsible for the actions of their
employees, and reliable mainly if if those employees use authority
conferred to them by managers to make employment decisions in
ways that violate the law.
Alternative Dispute Resolution (ADR) - ✔✔alternatives to going to
court for resolving disputes (mediation and arbitration)
Applicants - ✔✔Any person who indicates interest in being considered
for an employment opportunity. Interest can be expressed by:
,completing a job application form, or through other means. A person
who voluntarily withdraws, formally or informally, at any stage of the
selection process is no longer an applicant.
Arbitration - ✔✔when a neutral third party (arbitrator) functions
more like a private judge. They hear disputes and render decisions
that are almost always final and binding on the parties
Background Checks - ✔✔used to verify information provided by
candidates and to determine whether any disqualifying factors exist.
Bona Fide Occupational Qualification (BFOQ) - ✔✔a quality or an
attribute that employers are allowed to consider when making
decisions on the hiring and retention of employees—qualities that
when considered in other contexts would constitute discrimination in
violation of civil rights employment law. Such qualifications must be
listed in the employment offering.
Breach of Contract - ✔✔sometimes claimed simultaneously with
fraud, but the two are distinct.
•Intentional misrepresentation is an essential element of fraud
claims, whereas breach of contract is established by a failure to live
up to binding promises, regardless of intent.
•Fraud claims usually involve false statements made about current or
pre existing facts, whereas breach of contract claims involve promises
made about future terms and conditions of employment.
, Burden of Proof - ✔✔the plaintiff's obligation to show, generally by a
"preponderance (the majority) of the evidence" that his rights were
violated
Circumstantial Evidence - ✔✔hints at the possibility of (discrimination
for example), but by itself is not sufficient to compel that conclusion.
Class-Action Lawsuit - ✔✔a lawsuit where numerous plaintiffs join
forces in claiming that their rights were violated in essentially the
same manner by their employer
Common Law - ✔✔the law that claims to remedy harm to people
caused by other people or companies
Common Law Test - ✔✔a widely used method for determining
employee status; 1) The extent of the hiring party's right to control
the manner and means by which the work is done 2) the level of skill
required 3) the source of necessary tools and materials 4) the location
of the work 5) the duration of the work 6) the extent of the hiring
party's right to assign additional projects to the hired party 7) the
extent of the hired party's discretion over when and how long to work
8) the method of payment 9) the hired party's role is in hiring and pay
assistants 10) the extent to which the work is part of the regular
business of the hiring party 11) whether the hiring party is in business
