11/16/2015
1. Which of the following statements about Title VII of the Civil Rights Act is true?
All employees must have equal working conditions.
B. Discrimination against race and sexual orientation is prohibited.
C. Employers must provide sexual harassment training for all employees.
D. Employees must have an equal opportunity to participate in training.
A.
1. The correct answer is D.
This law was passed to prohibit employment discrimination against protected classes. Several state laws have expanded these classes to include sexual orientation or public assistance status, but this is not a condition of the federal law. The law does not mandate equal working conditions or specific training programs, but does require that all employees have equal opportunity to participate in training.
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2. According to the ADEA, which of following statements is true?
High‐level managers have no mandatory requirements for retirement. B. A company may discontinue pension accruals for employees over age 65.
C. Employers may fire an employee over age 40 for good cause.
D. Employers do not need to offer insurance to employees covered by Medicare.
A.
2. The correct answer is C.
Older workers, like other workers, may be fired for good cause, such as poor performance. A is incorrect because high‐level managers can be required to retire at age 65 if they receive company‐sponsored retirement benefits of at least $44,000 per year. B is incorrect because a company cannot limit or classify employees in any way that adversely affects their status. D is incorrect because employers must offer employees age 65 and older the same insurance they offer younger workers.
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3. The ADA applies to
A. employers with 15 or more employees.
B. employers with 25 or more employees.
C. employers who contract with the federal government.
D. all employers, regardless of the size of the company.
3. The correct answer is A.
Employers with 15 or more employees must follow ADA provisions.
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4. Under the ADA, which of the following statements is true?
A. Pre‐employment medical examinations may be required before a job offer is extended.
B. Employers must set affirmative action plans for the disabled.
C. Employers do not need to accommodate a disability if it results in undue hardship.
D. Rehabilitated drug users are excluded by the law.
4. The correct answer is C.
Employers are not required to make accommodations that result in undue hardship. A is not correct because pre‐employment medical exams are prohibited except after an employment offer has been extended. B is incorrect because employers are not required to set affirmative action plans for the disabled. D is incorrect because the ADA’s definition of disability includes rehabilitated drug users.
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5. A qualified applicant who has performed a similar job in the past is refused employment by a company because of a history of nervous breakdowns. Under Title I of the ADA, the company should
A. hire the applicant but require a psychiatric exam.
B. hire the applicant since the applicant is qualified for the position.
C. refuse to hire the applicant because of the risk of negligent hiring.
D. refuse to hire the applicant for this position but find another position in the company.
5. The correct answer is B.
The law forbids employment discrimination against qualified individuals with a physical or mental disability. Since the applicant has the skill and experience to do the job and can perform the essential functions of the job, the applicant should be hired.
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6. The ADA does NOT protect an employee who
A. uses illegal drugs.
B. has epilepsy.
C. has AIDS.
D. has serious psychological problems.
6. The correct answer is A.
Illegal drug users are not protected by the ADA. The other disabilities listed are covered under the act.
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7. The burden of verifying that a new employee is eligible to work in the U.S. lies with the?
A. USCIS
B. Social Security Administration
C. Employer
D. Employee 7. The correct answer is C.
The employer must fill out Form I‐9, which verifies the employee’s identity and right to work in the U.S. The employer keeps the form on file for at least three years or one year after the person leaves the place of employment.
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8. Identity and right to work can be verified by a?
A. U.S. passport
B. Voter’s registration card
C. U.S. Social Security card
D. U.S. citizen ID card
8. The correct answer is A.
A voter’s registration card demonstrates only identity. The U.S. Social Security card and U.S. citizen ID card demonstrate only the right to work.
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9. Which of the following procedurally assists employers in complying with federal regulations against discrimination?
A. Executive Order 11246
B. Congressional Accountability Act
C. Title VII, Civil Rights Act
D. Uniform Guidelines on Employee Selection Procedures
9. The correct answer is D.
The Uniform Guidelines cover all aspects of the selection process, including recruiting, testing, interviewing, and performance appraisals. Their purpose is to assist employers in complying with federal regulations against discrimination. The other choices set forth the law but do not assist employers in complying with it.
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10. Under the WARN Act, what type of notice must an employer provide?
A. 30 days’ notice if 500 full and part‐time employees at one site will be laid off
B. 60 days’ notice if 33% of full‐time employees at one site will be laid off
C. 60 days’ notice if 500 full and part‐time employees will be laid off
D. 90 days’ notice if a layoff is considered permanent
10. The correct answer is B.
A mass layoff (33% of the full‐time employees at a work site or 500 or more full‐time employees) requires 60 days notice.
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11. Which of the following statements about the Privacy Act of 1974 is true?
A. It establishes the concept of just cause.
B. It protects federal employees from unauthorized disclosure of information.
C. It establishes the concept of due process.
D. It lists all federal laws pertaining to record keeping.
11. The correct answer is B.
The act gives federal‐sector employees the right to know the type of information collected on them, review their files, have incorrect information removed, and restrict distribution of information.
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12. An employer can require an applicant to take a polygraph test when the applicant will?
A. be in a position to learn confidential trade secrets.
B. work in a department that has been under investigation in the past.
C. have direct access to the distribution of controlled substances.
D. become a key member of the management group of the company.
12. The correct answer is C.
Applicants who will work with controlled substances can be required to take a polygraph test. A, B, and D are not correct because employers may not use polygraph tests in instances like these to make employment decisions.
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13. According to the Fair Credit Reporting Act, if an employer uses a credit report to deny a job promotion, the employee must?
A. receive a pre‐adverse action disclosure.
B. agree not to sue the company.
C. provide verbal authorization for the report.
D. agree that the information in the report is accurate.
13. The correct answer is A.
When denying a promotion based on the credit report findings, an employer must provide a pre‐adverse action disclosure that includes a copy of the report and a summary of employee rights prepared by the Federal Trade Commission.
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14. Which of the following is an example of disparate treatment?
A. Members of a protected group are subject to stricter attendance rules.
B. A neutral staffing practice results in discrimination against protected groups.
C. Height restrictions are set for all security guards.
D. All employees are required to take an intelligence test.
14. The correct answer is A.
Disparate treatment occurs when an employee who is a member of a protected group is treated differently from other employees; disparate impact occurs when a neutral practice results in unintentional discrimination for a protected group.
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15. An organization that gives preference to applicants referred by current employees could be guilty of?
A. Disparate treatment
B. A historically discriminatory practice
C. Reverse discrimination
D. Intentional discrimination
15. The correct answer is B.
Giving preference to applicants referred by current employees may perpetuate past policies that were discriminatory. It may serve to maintain the current racial or ethnic mix, making it hard for members of some groups to get hired. The organization is not guilty of intentional discrimination because it does not intentionally treat or evaluate protected groups differently from other employees.
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16. Which of the following court cases established the criteria for the disparate impact?
A. Washington v. Davis
B. Griggs v. Duke Power
C. Albemarle Paper v. Moody
D. McDonnell Douglas Corp. v. Green
16. The correct answer is B.
The case of Griggs v. Duke Power recognized disparate impact and established that it is not necessarily enough to show a lack of discriminatory intent. Washington v. Davis recognized that even if a selection tool had an adverse impact, as long as it was a valid prediction of job‐related success, it could be used. Albemarle Paper v. Moody ruled that tests used for promotion or selection must be valid predictors of job success. McDonnell Douglas Corp. v. Green established the four criteria necessary for a prima facie case for disparate treatment.
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17. An organization determines the demographic composition of its workforce by jobs that have a similar content, responsibilities, wage rates, and opportunity for advancement. This is a(n)?
A. Organizational profile
B. Job group analysis
C. Availability analysis
D. Workforce analysis
17. The correct answer is B.
A job group analysis lists all job titles that comprise each job group. Jobs are grouped according to whether they have similar content and responsibilities, wage rates, and opportunities for advancement.
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18. An organization must set a placement goal when it?
A. employs a smaller number of women or minorities than is indicated by their availability
B. assigns women or minorities to jobs that are not challenging
C. is unable to determine the ethnicity of its applicants
D. experiences adverse impact in hiring practices
18. The correct answer is A.
Underutilization is a situation where an organization employs fewer members of a protected class than their availability indicates. For example, if 35% of the paramedics in a labor market are women and a hospital’s paramedics are only 10% female, underutilization exists.
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19. The Department of Labor schedules an audit that focuses on decision making that occurs in the C‐suite. This type of audit is a? A. Compliance review
B. Desk audit
C. Glass ceiling audit
D. Compliance check
19. The correct answer is C.
A glass ceiling audit focuses on review of programs at executive levels. It focuses primarily on the decision making of CEOs and senior executives and is generally a sensitive, private investigation.
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20. When a qualified white male is denied an opportunity because preference is given to a member of a protected group, it is known as?
A. Reasonable accommodation
B. Reverse discrimination C. Quota system
D. Undue hardship
20. The correct answer is B.
Reverse discrimination occurs when a qualified person in a non‐protected class (e.g. a white male) is denied an opportunity in favor of a member of the protected class (e.g. a minority applicant) who may be less qualified. Quota systems set aside a specific share of openings (e.g. 15%) for minorities or women. The Supreme Court has ruled against strict quota systems in a number of cases.
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21. Which of the following explains why employers are responsible for the discriminatory acts of their supervisors?
A. Vicarious liability
B. Hostile environment
C. Quid pro quo
D. Reverse discrimination
21. The correct answer is A.
Vicarious liability is the legal doctrine under which a party can be held liable for the wrongful actions of another party. Because of this doctrine, employers are legally responsible for the discriminatory acts of their employees.
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22. In trend and ratio analysis, the key to accurately projecting past figures into the future depends on the?
A. Relationships between two variables and whether they will stay the same
B. Length of time it takes to complete the analysis
C. Acceptance of the analysis by the organization
D. Support of senior management
22. The correct answer is A.
The key to accurate projections is whether the relationships will continue to hold. The length of time it takes to complete the analysis could affect the relationships, but it is the relationship, not the time, that is the key factor. The acceptance and support of key management has nothing to do with the relationships.
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23. A shipping company uses information provided by experts to predict future industry trends. The form of judgmental forecasting where experts take turns presenting their assumptions and refining a composite but never meet is called?
A. Managerial estimates
B. The nominal group technique
C. Trend analysis
D. The Delphi technique
23. The correct answer is D.
The Delphi technique is the only technique in which members work as a group without ever meeting. Managerial estimates and trend analysis are generally completed by individuals and presented to management. The nominal group technique requires face‐
to‐face meetings.
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24. A job function is usually considered essential if it?
A. Can be performed by many employees
B. Requires highly specialized skills
C. Is performed infrequently
D. Can be completed quickly
24. The correct answer is B.
An essential job function is one that is performed regularly and requires highly specialized skills or expertise, and, in many cases, the reason the job exists is to perform the function. Nonessential functions can be performed by many people in a department. If not completed, there are often minimal consequences.
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25. The three key elements included in a job analysis are?
A. Responsibilities, tasks, reporting structure
B. Knowledge, skills, abilities
C. Competencies, qualifications, procedures
D. Reporting structure, pay range, essential job functions
25. The correct answer is B.
Job analysis focuses on the key human requirements necessary to perform the job. It does not deal with organizational structures, pay ranges, or procedural issues.
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26. Which of the following is a written summary of the work to be done?
A. Job description
B. Job specification
C. Job context
D. Job ranking
26. The correct answer is A.
A job description is a written description of the job and its requirements. A job specification is a written statement of the necessary qualifications of the job incumbent.
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27. Which of the following statements about job specifications is true?
A. They summarize the most important features of a job
B. They describe the working conditions
C. They list the qualifications necessary to perform the job
D. They list all of the essential functions of the job
27. The correct answer is C.
A job description is a written description of the job and its requirements. A job specification is a written statement of the necessary qualifications of the job incumbent. The job specification can be a section of the job description or a separate document.
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28. Employees are given a chance to indicate an interest in an announced position through?
A. Job posting
B. Skill tracking
C. Succession planning
D. Job analysis
28. The correct answer is A.
Job posting gives employees the chance to respond to announcements of positions. Skill tracking, succession planning, and job analysis are human resource activities that are not based upon an employee’s stated interest in a position.
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29. Which of the following recruitment methods usually results in lower employee turnover?
A. College placement offices
B. Advertisements
C. Employee referrals
D. Walk‐ins
29. The correct answer is C.
Because employees know the corporate culture and job specifications, they usually recommend people who will fit in well. Therefore, these people may be more likely to remain with the organization and have the highest one‐year survival rates.
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30. Which of the following is the best way for an organization to determine recruiting effectiveness?
A. Analyze yield ratios
B. Conduct a needs assessment
C. Conduct employee surveys
D. Review industry data
30. The correct answer is A.
Organizations need to evaluate recruitment strategies against objective criteria. Yield ratios produce factual data that can be used to determine which source, method, or recruiter produces the greatest yield.
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Q31 and Q32 Scenario:
An organization received 150 applicants from an advertisement, 50 of whom were minority applicants. It interviewed 36 qualified applicants, 12 of whom were minority applicants. The organization hired two applicants, one of whom is a minority.
31. What is the yield ratio of qualified applicants to total applicants?
A. 8%
B. 24%
C. 32%
D. 33%
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31. The correct answer is B.
This yield ratio is determined by dividing the number of qualified applicants by the number of total applicants (36/150 = 24%).
32. What is the yield ratio of minority applicants to total applicants?
A. 12%
B. 25%
C. 33%
D. 50%
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32. The correct answer is C.
This yield ratio is determined by dividing the number of minority applicants by the number of total applicants (50/150 = 33%).
33. A small company does not have the time or personnel to administer benefits, payroll, or personnel records programs. Which of the following flexible staffing alternatives might be an option for them?
A. Hiring independent contractors instead of employees
B. Leasing employees from a professional employer organization
C. Using in‐house temporary employees
D. Instituting a temp‐to‐hire program
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33. The correct answer is B.
The most practical option is leasing. The company will transfer all of its employees to the professional employer organization (PEO), which assumes all of the HR functions and leases the employees back to the company. This arrangement is invisible to employees and eliminates the administrative burden for the company.
34. Which of the following companies might benefit most from a temp‐to‐hire program?
A. A company that has had difficulty in finding and keeping a receptionist
B. A company that does not have sufficient HR staff to administer payroll and benefits programs
C. A company whose business fluctuates from season to season
D. A company that needs highly technical workers for one‐to two‐year assignments
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34. The correct answer is A.
A company that has difficulty finding staff might benefit most from a temp‐to‐hire program. In this case, the company can try out an employee, offering a position only when there is a good match between employee and job. A company that does not have sufficient staff to administer HR programs might try leasing or outsourcing arrangement, while companies whose business fluctuates from season to season are probably best off hiring “casual” workers who will work only during the peak season.
35. Selection is the process of?
A. hiring the most suitable candidate for a position
B. identifying the top applicants for a position
C. hiring the best‐qualified candidate for the position
D. finding additional minority applicants
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35. The correct answer is A.
Selection does not necessarily mean hiring the best‐qualified candidate for a position because that may preclude exercising alternative action (i.e. hiring a qualified candidate from a protected class).
36. Why should candidates who supply resumes also complete applications forms?
A. It is an EEOC requirement
B. The resume may provide facts the employer is prohibited from requesting
C. The forms require applicants to verify that the content is correct
D. The forms provide information on fair employment practices
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36. The correct answer is C.
The application form asks the employee to sign and verify that the information is correct. It also states consequences, such as termination, if the information is found to be false. A is not correct because an application form is not an EEOC requirement. B is not correct because, according to the EEOC and the courts, applications should not be constructed in such a way that they elicit discriminatory information. D is not correct because legally a form does not need to include information on fair employment practices.
37. An employment application may include sections dealing with?
A. Arrest records
B. Credit ratings
C. Authorization of information
D. Family status
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37. The correct answer is C.
An application form should ask applicants to verify that the information they have provided is correct. Asking for information related to arrest records, credit ratings, or family status may be discriminatory and should be avoided.
38. In which of the following types of interviews is each applicant asked the same questions?
A. Patterned
B. Nondirective
C. Structured
D. Behavioral
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38. The correct answer is C.
In structured interviews (also called repetitive interviews), the interviewer asks every applicant the same questions.
39. Which of the following types of interviews focuses on how the applicant handled previous situations?
A. Patterned
B. Nondirective
C. Structured
D. Behavioral
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39. The correct answer is D.
Behavioral interviews operate under the premise that past behavior predicts future performance. An interviewer focuses on how the applicant previously handled real situations and looks for three key elements – a description of the situation, the action taken, and the outcome.
40. A form of interview bias in which an interviewer allows one strong point to overshadow all other information is known as?
A. Cultural noise
B. Negative emphasis
C. Contrast effect
D. Halo effect
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40. The correct answer is D.
The halo effect occurs when one strong point that the interviewer values highly overshadows all other information. When this works in the applicant’s favor, it is called the halo effect. When it works against the applicant, it is called the horn effect.
41. A form of inteview bias in which strong candidates who interview after weak ones appear more qualified is known as?
A. Cultural noise
B. Negative emphasis
C. Contrast effect
D. Halo effect
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41. The correct answer is C.
When strong candidates who interview after weak ones appear even more qualified than they actually are, it is called the contrast effect.
42. Which of the following tests measures the capacity to learn or acquire new skills?
A. Achievement
B. Aptitude
C. Psychomotor
D. Personality
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42. The correct answer is B.
Aptitude tests measure a person’s capacity to learn or acquire new skills. Achievement tests measure what a person knows or can do.
43. Content validity is the extent to which a selection device measures?
A. differences between good performers and poor performers
B. personality traits that are related to job performance
C. knowledge, skills, and abilities used on the job
D. experience as a predictor of job success
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43. The correct answer is C.
Content validity involves testing that determines if employees can complete tasks that are part of the job. For example, a math test for a cashier tests the skills and knowledge needed to perform the job.
44. Which of the following is an example of construct validity?
A. Assistants with college degrees are evaluated against those with no degrees
B. Flight controllers are tested for leadership and critical‐
thinking skills
C. Computer programmers are asked to debug a section of code
D. New hires are tested, and their job performances are later compared to the test results
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44. The correct answer is B.
Construct validity is used to measure traits that are directly related to job performance. For flight controllers, the ability to think critically and lead others is key to performing effectively. It takes complex statistical analyses to determine that a test actually measures the job‐related traits.
45. A company has high turnover in its telemarketing department. Part of the reason for the turnover is that employees deal with stressful situations and difficult people. Which of the following would provide the MOST realistic job preview?
A. Giving applicants a walking tour of the workplace
B. Allowing applicants to talk with employees from other departments
C. Allowing applicants to listen in on actual telemarketing calls
D. Watching videos of how to deal with angry customers
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45. The correct answer is C.
While all of the activities here have merit, the best job preview is the one that most closely mirrors the actual job. In this case, allowing the applicant to hear actual calls and see how a representative handles them provides the most realistic look at what the position entails.
46. Which of the following should be avoided in an offer letter?
A. Requiring a signature on a duplicate copy of an offer letter
B. Mailing employees informational brochures before they start work
C. Clarifying contingencies such as a medical exam
D. Quoting salary terms in annual format
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46. The correct answer is D.
In an offer letter, state salary terms in hourly or monthly figures. If an employee is terminated, the annual figure could become binding. The other practices listed are sound employment practices and should be a part of the offer process.
47. Which of the following is true of severance packages?
A. They are not required by federal law
B. They ensure that employees will not file suit against the company
C. They require employees to sign a waiver that they will not sue the company
D. They will increase an employer’s unemployment tax contributions
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47. The correct answer is A.
Severance packages are offered at the discretion of the employer. Federal law does not require them, although some states may have laws regarding severance. While they may diminish the chance that an employee will file suit, there is no guarantee. Offering severance packages does not increase an employer’s unemployment taxes; this is an outcome of laying off workers whether or not severance packages are added.
48. When an employer makes conditions for an employee so intolerable that the employee resigns, it is known as?
A. Disparate treatment
B. Negligent hiring
C. Employment‐at‐will
D. Constructive discharge
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48. The correct answer is D.
Constructive discharge is considered an exception to the employment‐at‐will concept. Constructive discharge may fall into the category of retaliation and could play a part in civil rights cases or could involve legal issues in the areas of health and safety.
49. An employee files a discrimination charge and is laid off a short time later due to a downturn in the company’s business. In this situation, the employer could be accused of? A. Sexual harassment
B. Retaliatory discharge
C. Involuntary retirement
D. Constructive discharge
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49. The correct answer is B.
A discharge is retaliatory if an employer punishes an employee for engaging in a protected activity such as filing a discrimination charge or whistle blowing. A case could be made that the employee’s discharge was a result of filing a discrimination charge.
Americans With Disabilities Act
An employer declines to provide reasonable accommodation for an employee, and cites a “direct threat” issue. Is this legal? What factors should be considered?
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Answer
The term “direct threat” means significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. It is legal if the employer’s determination that an individual poses a direct threat is based on an individualized assessment of the employee’s present ability to safely perform the essential functions of the job. This assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:
 The duration of the risk
 The nature and severity of the potential harm
 The likelihood that the potential harm will occur
 The imminence of the potential harm
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The Uniform Guidelines on Employee Selection Procedures is a procedural document published in the Code of Federal Regulations.
What employee selection procedures are covered by the guidelines?
Answer: The Guidelines apply to employee selection procedures that are used in making employment decisions, such as hiring, retention, promotion, transfer, demotion, dismissal, or referral.
Do the Guidelines apply only to written tests and interviews? If not, explain what else is included.
Answer:
No, they apply to all selection procedures used to make employment decisions, including review of experience or education from application forms, work samples, job requirements (physical, education, experience), performance evaluations, tests (performance and paper‐and‐pencil), and performance in training or probationary periods.
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Do the Guidelines require that only validated selection procedures be used? Why or why not?
Answer:
No. Although validation of selection procedures is desirable in personnel management, the Guidelines require users to produce evidence of validity only when the selection procedure adversely affects the opportunities of a race, sex, or ethnic group.
After‐Acquired Evidence
A company discriminates against an older employee when making a layoff decision. When the employee files suit for age discrimination, the company discovers that the employee copied confidential documents bearing upon the company’s financial condition, took the copies home, and showed them to her husband. Her motivation was concern that she was about to lose her job because of her age. The documents were copied for “insurance” and “protection.”
The company learns of this during depositions and sends the employee a letter stating that removal and copying of the records was in violation of her job responsibilities and advising her (again) that she was terminated. The letter also stated that if it had known of the employee’s misconduct it would have discharged her at once for that reason.
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Does the employee's actions cancel out the company's discriminatory action?
Answer:
In a unanimous decision, the Supreme Court held that “after‐acquired” evidence does not defeat an employer’s liability for violating the ADEA. The court found that even if the employee’s later discovered misconduct could be considered grounds for termination, the ADEA violation that actually prompted the dismissal cannot be ignored.
Does the employee’s action affect the remedy available to the employee?
Answer:
Yes. The court concluded that the proper boundaries of remedial relief must be addressed on a case‐by‐case basis. If an employer relies on after‐acquired evidence of an employee’s wrongdoing, it must first establish that the wrongdoing was of such severity that the employee would have been terminated on those grounds alone. Assuming that this is true, neither reinstatement nor front pay is an appropriate remedy. Back pay should run from the date of the unlawful discharge to the date the new information was discovered.
Based on McKennon v. Nashville Banner Publishing Company (1995)
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WORKFORCE PLANNING AND EMPLOYMENT
SHRM
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