Chapter 3: Legal Issues in employee Selection

Question 1

a process in which an employee files a complaint with the organization, and a person or committee makes a decision regarding the complaint

Answer 1

grievance system

Question 2

a method of resolving an issue in which a neutral third party is asked to help the two parties reach an agreement

Answer 2

mediation

Question 3

a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct

Answer 3

arbitration

Question 4

a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which neither party is allowed to appeal the decision

Answer 4

Binding arbitration

Question 5

Nonbinding arbitration

Answer 5

a method of resolving a conflict in which a neutral third party is asked to make a decision and choose which side is correct, and in which either party may appeal the decision

Question 6

any group of people for whom protective legislation has been passed

Answer 6

protected class

Question 7

protected class in the Philippines

Answer 7

ethnicity
race
religion or beliefs
sex gender
sexual orientation
gender identity
gender orientation
gender expression
civil status and HIV status

Question 8

a requirement that is specific in a particular class and is necessary to perform a job such as sperm donor, wet nurse

Answer 8

bona fide occupational qualification (BFOQ)

Question 9

an employment practice that results in negative consequences more often for members of one, race, sex, or national origin,than for members of another race, sex, or national origin

Answer 9

adverse impact

Question 10

two standards to determine adverse impact

Answer 10

1. statistical significance

2. practical significance

Question 11

when the selection of one group is 80% of the selection ratio of another group, adverse impact is said to exist

Answer 11

four-fifths rule

Question 12

three criteria for a minimum qualification:

Answer 12

1. it must be needed to perform the job
2. it must be formally identified and communicated prior to the start of the selection process
3. it must be consistently applied

Question 13

three exceptions of discrimination charge

Answer 13

1. Bona fide occupation qualification
2. national security
3. Veteran’s Preference Rights

Question 14

a type of harassment that involves granting sexual favors tied to employment decisions

Answer 14

quid pro quo

Question 15

a sexual harassment occurs when (a.) unwanted pattern of conduct related to (b.) gender unreasonably interferes with an individual’s work performance

Answer 15

hostile environment

Question 16

How to prevent sexual harassment liability?

Answer 16

a. have a well conceived policy regarding sexual harassment
b. have communicated that policies ti its employees
c. explain the types of harassment
d. include a list of names of the company officials to whom whom an employee should report any harassment

Question 17

entitles eligible employees to a minimum of 12 weeks of unpaid leave each year to deal with the following:

Answer 17

a. the birth or adoption of a baby
b. the serious health condition of the employee
c. the serious health condition of employees’ immediate family member.

Question 18

Reasons for affirmative action plan

Answer 18

1. Involuntary
   a. government regulation
   b. court order
2. Voluntary
   a. Consent decree
   b. Desire to be a good citizen

Question 19

Affirmative Action

Answer 19

an active effort to improve the employment or educational opportunities of members of minority groups and women sought to achieve a multicultural staff

Question 20

affirmative action strategies

Answer 20

a. monitoring hiring and promotion statistics
b. intentional recruitment of minority applicants
c. identification and removal of employment practices working against minority applicants and employees
d. preferred hiring and promotion for minorities

Question 21

five criteria used to assess an affirmative action plan

Answer 21

a. history of discrimination
b. beneficiaries of the plan
c. population used to set goals
d. impact on non-minorities
e. endpoint (deadline) of the plan- the plan must end when the goals have been obtained

Question 22

negative consequences for people hired or promoted on affirmative action plans

Answer 22

a. perceived by coworkers less competent
b. have a tendency to devalue their own performance
c. receives negative behavior from coworkers

Question 23

negative consequences can be reduced by:

Answer 23

a. giving positive information about the applicants abilities
b. using “diversity initiative” rather than “affirmative action”
c. being sensitive about how it promotes and implements its diversity and affirmative action efforts

Question 24

employment practices that can cause potential privacy issues:

Answer 24

a. drug testing
b. office and locker searches
c. psychological tests
d. electronic surveillance

Question 25

to avoid legal liabilities of invasion of privacy:

Answer 25

a. tell employees that they are being monitored at the time of hire
b. get new employees sign a consent form indicating that they are being monitored