Legal issues accompanies initial employment assessments

Answers the question related to the topic “Legal Issues”

true false/ Questions

79. Disclaimers are used as a means of protecting employer rights.

80. Employers are advised to let applicants know in advance that they reserve the right to not hire, terminate, or discipline prospective employee for providing information during the selection process.

81. Failure to conduct a reference check opens an organization to the possibility of a negligent hiring suit.

82. The laws in most states provide employers with little protection if they provide any information in a reference check that might damage an applicant’s chances of getting a job.

83. Although arrest information may be gathered in the process of doing a background check, it cannot be used in staffing decisions.

84. It is illegal to use pre-employment inquiry information that has a disparate impact on the basis of a protected characteristic, unless such disparate impact can be shown to be job-related and consistent with business necessity.

85. Bona fide occupational qualifications are not of relevance to the initial assessment phase.

86. Bona fide occupational qualification claims made on the basis of customer preferences are typically upheld by the courts.

87. Adverse impact refers to the possibility that a disproportionate number of protect class members may be rejected using a given predictor.

88. The Americans with Disabilities Act states that employers may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to a person.

89. Title VII of the Civil Rights Act explicitly permits discrimination on the basis of sex, religion, or national origin if it can be shown to be a bona fide occupational qualification.

90. The burden of proof is on employers to defend BFOQ claims.

Multiple Choice Questions

91. A statement that identifies the rights than an employer wishes to maintain for itself that often accompanies initial employment assessments is called a ____.
A. providential statement
B. disclaimer
C. waiver
D. requisition

92. Examples of initial assessment methods that have moderate degrees of adverse impact against women and/or minorities include ______.
A. education level
B. quality of school
C. training and experience
D. all of the above are correct

93. Employers protect themselves in the initial stages of contact with job applicants through the use of _______.
A. labor contracts
B. employment clauses
C. disclaimers
D. discharge policies

94. Which of the following is regarding pre-employment inquiries (PI)?
A. They have little potential for being used for discriminatory purposes in the assessment process.
B. Organizations rarely make inappropriate and illegal PIs.
C. It is critical for employers to understand the laws and regulations regarding PIs.
D. The emphasis in PIs is on the illegal collection of information.

95. Which of the following is the law that governs the collection of background check information for employment purposes?
A. Americans with Disadvantaged Access Act
B. Fair Credit Reporting Act
C. Personnel Reporting Statue of 1977
D. National Labor Rights Act

96. According to ADA, it is not permissible for employers to do which of the following at the pre-offer stage of assessment process?
A. Ask if the applicant has any disabilities.
B. Ask the applicant if he/she can perform the job, with or without reasonable accommodation.
C. Ask the applicant to demonstrate how they could perform the job.
D. None of the above are permissible.

97. Which of the following is a typical justification of a BFOQ involving sex that employers use?
A. One sex has an inability to perform the work.
B. Personal contact with others requires same sex.
C. Customers have a preference for dealing with one sex.
D. All of the above are potential justifications.

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