Topic 9 Flashcards

1
Q

Enacted in 1952, it centralizes and organizes U.S. immigration law.

A

Immigration and Nationality Act of 1952 (INA)

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2
Q

Enacted in 1986, it prohibits employers from knowingly hiring undocumented workers and requires them to verify eligible workers within three business days of hiring.

A

Immigration Reform and Control Act of 1986 (IRCA)

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3
Q

At the beginning of employment, under federal immigration laws, a worker is required to verify his/her _______ and _________ to work legally in the United States.

A

Identity : Eligibility

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4
Q

How does the Immigration and Nationality Act (INA) define the term “alien”?

A

A person who lacks citizenship or status as a national of the United States

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5
Q

Under the IRCA, it is illegal to hire or retain undocumented workers if you employ how many workers?

A

4+

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6
Q

What is the name of the form that the IRCA requires all employers to complete within three days of hiring a new employee?

A

I-9

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7
Q

Once an employer receives the proper paperwork and completes the I-9 forms, he or she is not required to:

A

Conduct an independent investigation on the validity of the documentation

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8
Q

An online tool administered through the U.S. Citizenship and Immigration Services (USCIS) and used by employers to verify the validity of documents presented by new hires.

A

E-Verify

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9
Q

Contractors may not use E-Verify to pre-screen potential employees. (T/F)

A

True

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10
Q

What form does E-Verify collect information from?

A

I-9

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11
Q

From 2007 to February 2013, the number of businesses using E-Verify:

A

Has grown by 18 times

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12
Q

How many days after the actual employee start date does the employer have to submit an employee query to E-Verify?

A

3

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13
Q

They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues

A

Potential liabilities to employers from performance appraisals

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14
Q

In making a claim of discrimination or retaliation, a claimant must show that an appraisal:

A

Unjustly resulted in negative job action

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15
Q

The easiest way to avoid discrimination claims due to performance appraisals is to:

A

Apply performance criteria equally to all employees

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16
Q

Employers must not apply a job performance measure, for all employees, which has a/an ____________ on a protected class of persons.

A

Disparate impact

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17
Q

An employer could be responsible for a claim by another employer for __________ based on false entries in a performance appraisal.

A

Negligent referral

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18
Q

A claim in which the employer knew or should have known about an employee’s history of violence or untrustworthiness.

A

Negligent Hiring

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19
Q

Reasonable steps taken by an employer to ensure that applicants are eligible to be hired.

A

Due Diligence

20
Q

A claim that arises when an employer fails to terminate an employee when it is apparent that he or she poses a danger to others.

A

Negligent Retention

21
Q

Preventing work violence is a difficult task as perpetrators are often:

A

Non-employee strangers, clients, or significant others of employees

22
Q

Under its obligations to maintain a safe working environment, an employer must:

A

Develop training and operational strategies for addressing workplace violence

23
Q

______ is an absolute defense against defamation claims.

24
Q

In cases where a former employee is a danger to others, a “no comment” or limited information referral will shield a former employer from liability. (T/F)

25
In a ____________ referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee’s claims of discrimination or acts of whistleblowing.
Retaliation
26
Communicating false statements that harm a person’s reputation.
Defamation
27
A claim in which an employer has provided an untrue reference that omits information about an employee’s dangerous and/or criminal behavior.
Negligent Referral
28
Enacted in 1988, it gives terminated workers an opportunity to search for other employment or obtain additional training.
Worker Adjustment and Retraining Notification Act (WARN)
29
A single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.
Plant Closing
30
A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing.
Mass Layoff
31
(Also known as "express contract") A verbal or written agreement in which the parties state exactly what they agree to do.
Explicit Contract
32
The WARN requires employers with ________ employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees.
100+
33
________________ is the best method for a manager to correct an employee problem.
Informal coaching
34
____________ time off is one element of progressive discipline.
Suspension
35
When long-standing employee performance issues are not resolved through progressive discipline, the most likely result is employee _________
Termination
36
A manager's graduated response to employee poor performance.
Progressive discipline
37
The Immigration and Nationality Act (INA) was important in that it eliminated __________ quotas for immigration and established a strictly nation-based system for calculating immigration quotas.
Race- based
38
Prior to 1986, it was ________ for undocumented workers to work in the United States, but not ________ for employers to hire them.
Illegal; illegal
39
IRCA requires employers retain the Form I-9 in a file, separate from the standard personnel file, for a period of ________ year(s) after hire, or ________ year(s) after termination, whichever is longer.
Three; one
40
If E-Verify gives a tentative non-confirmation response, how many days does the employee have to contact the appropriate federal agency?
Eight
41
By 2009, the Department of Homeland Security started requiring covered contractors to enroll in E-Verify. What defines a covered contractor?
Federal contract of over $100,000 and work performed in the United States within the last 120 days
42
There is no federal law requiring performance appraisals in employment. (T/F)
True
43
Workplace surveys suggest that the ________ of employee performance appraisals are inadequate.
Majority
44
Which type of performance measures are safest to have on an appraisal?
Objective
45
Employers are often hesitant to provide detailed references about former employees due to the risk of:
Tort liability
46
To whom falls the burden to determine if an employer referral was truthful or not?
The former employer