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The Americans with Disabilities Act provides that individuals who currently use illegal drugs are considered individuals with disabilities.

A) True
B) False

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In the absence of age as a bona fide occupational qualification (BFOQ) ,the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual _____ years of age or older.


A) 35
B) 40
C) 21
D) 70

E) B) and C)
F) B) and D)

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Employers are more limited in inquiring about a job applicant's convictions relevant to the job than about arrest records.

A) True
B) False

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An employee who is subject to discipline has a right to request that a co-worker be present as a witness during an investigatory interview.

A) True
B) False

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In the context of preemployment tests,construct validity is generally most useful when an employer is seeking to measure:


A) psychological characteristics.
B) motor skills.
C) demographic factors.
D) physical stamina.

E) B) and C)
F) A) and B)

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A

What is word-of-mouth recruiting? How can disparate impact against employees arise while promoting from within the company?

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Word-of-mouth recruiting occurs when an ...

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Which of the following is a purpose of the Drug-Free Workplace Act of 1998?


A) To protect federal employees against drug testing at the workplace under all circumstances.
B) To provide reasonable accommodation to employees who have successfully completed a rehabilitation program.
C) To assist working parents in keeping their children free from drugs.
D) To mandate drug testing for all private-sector employees.

E) A) and D)
F) None of the above

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C

A performance evaluation may be considered false where the rater does not include information that would explain or justify a poor appraisal.

A) True
B) False

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In Equal Employment Opportunity Commission v.Consolidated Service System,the defendant was a janitorial firm owned by a Korean immigrant and staffed mostly with Korean immigrants.The court disagreed with the Equal Employment Opportunity Commission (EEOC) and found that the defendant's use of word-of-mouth recruiting did not cause:


A) negligent misrepresentation.
B) intentional discrimination.
C) negligent hiring.
D) intentional retaliation.

E) A) and C)
F) B) and C)

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An employer is required to lower quality standards or qualifications in order to accommodate an individual employee's or applicant's needs.

A) True
B) False

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Federal statutes require that employers document the reasons for failing to hire any specific applicant.

A) True
B) False

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Which of the following is true of the Drug-Free Workplace Act of 1988?


A) It mandates drug testing for all private-sector employees before they can be hired.
B) It requires that employers provide reasonable accommodation to employees who have successfully completed a rehabilitation program.
C) It requires that federal contractors and grant recipients satisfy certain requirements designed to eliminate the effects of illicit drugs from the workplace.
D) It provides protection to federal employees against drug testing at the workplace under all circumstances.

E) All of the above
F) B) and D)

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An employer has the right to raise a question regarding gender in a job interview unless gender is a bona fide occupational qualification.

A) True
B) False

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An effective method to minimize the possibility that the former employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is to:


A) require all prospective employees to sign a statement that releases his or her former employers from liability for offering references.
B) obtain a right-to-sue letter from the Equal Employment Opportunity Commission on behalf of the former employers.
C) use the help of an unrelated third party to make background or reference checks.
D) limit the recruitment practices within an organization to word-of-mouth recruiting and internal promotions.

E) B) and C)
F) A) and D)

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The Drug-Free Workplace Act of 1988 applies to private-sector employers.

A) True
B) False

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Which of the following statements is true of the federal Employee Polygraph Protection Act of 1988?


A) The Act allows private sector use of a polygraph test in selection and other employment situations.
B) The Act prohibits an employer from using, accepting, referring to, or inquiring about the results of any lie detector test of any job applicant or current employee.
C) The Act forbids employers involved in the manufacture, distribution, or dispensing of controlled substances from subjecting their employees to a polygraph test.
D) The Act requires an employer to offer some financial incentives to employees when they are asked to take a polygraph test.

E) B) and D)
F) B) and C)

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B

For an eligibility test to be legally validated as an effective gauge of performance,an employer must show that the test:


A) is job-related and consistent with business necessity.
B) allows the employer to use different cutoff scores.
C) disregards the theory of promissory estoppel.
D) is subjective but not based on job analysis.

E) None of the above
F) All of the above

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Content validation with regard to preemployment tests is based on a careful job analysis that identifies important tasks behaviors and knowledge that a job requires.

A) True
B) False

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Jung,an Asian male employed as a project manager at a reputed company,receives his first performance appraisal.In the appraisal his supervisor states,"Compared to the other project managers,Jung falls below expectations in the performance of his job duties.He has missed four out of six deadlines in the past year without justification.He needs to improve his time management skills." If the performance appraisal is reasonable and truthful,it subjects the employer to:


A) no liability, as this is just a case of disparate impact discrimination, which is not as severe as a case of disparate treatment.
B) a claim of failure to provide reasonable accommodation to an employee who is a member of a protected group.
C) a claim of bona fide occupational qualification under Title VII off the Civil Rights Act of 1964.
D) no liability, because the appraisal is not based on attributes such as national origin, age, or accent.

E) All of the above
F) None of the above

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An employer has a policy in which it tries to correct an employee's negative behavior or poor performance on the job by providing the employee a fixed number of chances to improve his or her behavior.The employee is terminated only after all attempts have failed to improve his or her behavior.The policy is called _____.


A) disparate impact
B) progressive discipline
C) just cause
D) affirmative action

E) B) and D)
F) B) and C)

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