Legal Issues in Employee Selection

Question 1

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

Answer 1

Grievance system

Question 2

A method of resolving conflict 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 conflicts in which a neutral third party is asked to choose which side is correct

Answer 3

Arbitration

Question 4

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

Answer 4

Binding arbitration

Question 5

A method of resolving conflicts in which a neutral third party is asked to choose which side is correct but in which either party may appeal the decision

Answer 5

Nonbinding arbitration

Question 6

The interpretation of a law by a court through a verdict in a trial, setting precedent for subsequent court decisions

Answer 6

Case law

Question 7

Any group of people for whom protective legislation has been passed

Answer 7

Protected class

Question 8

A selection requirement that is necessary for the performance of job-related duties and for which there is no substitute

Answer 8

Bona fide occupational

qualification (BFOQ)

Question 9

An employment practice that results in members of a protected class being negatively affected at a higher rate than members of the majority class. Adverse impact is usually determined by the four-fifths rule

Answer 9

Adverse impact

Question 10

When the selection ratio for one group (e.g., females) is less than 80% (four-fifths) of the selection ratio for another group (e.g., males), adverse impact is said to exist

Answer 10

Four-fifths rule

Question 11

The extent to which a test or measure taps a knowledge, skill, ability, behavior, or other characteristic needed to successfully perform a job

Answer 11

Job related

Question 12

A type of sexual harassment in which the granting of sexual favors is tied to an employment decision

Answer 12

Quid pro quo

Question 13

A type of harassment characterized by a pattern of unwanted conduct related to gender that interferes with an individual’s work performance

Answer 13

Hostile environment

Question 14

The percentage of people in a given geographic area who have the qualifications (skills, education, etc.) to perform a certain job

Answer 14

Qualified workforce