Topic 9

Question 1

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

Answer 1

Immigration and Nationality Act of 1952 (INA)

Question 2

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

Answer 2

Immigration Reform and Control Act of 1986 (IRCA)

Question 3

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.

Answer 3

Identity : Eligibility

Question 4

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

Answer 4

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

Question 5

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

Answer 5

4+

Question 6

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

Answer 6

I-9

Question 7

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

Answer 7

Conduct an independent investigation on the validity of the documentation

Question 8

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.

Answer 8

E-Verify

Question 9

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

Answer 9

True

Question 10

What form does E-Verify collect information from?

Answer 10

I-9

Question 11

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

Answer 11

Has grown by 18 times

Question 12

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

Answer 12

3

Question 13

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

Answer 13

Potential liabilities to employers from performance appraisals

Question 14

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

Answer 14

Unjustly resulted in negative job action

Question 15

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

Answer 15

Apply performance criteria equally to all employees

Question 16

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

Answer 16

Disparate impact

Question 17

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

Answer 17

Negligent referral

Question 18

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

Answer 18

Negligent Hiring

Question 19

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

Answer 19

Due Diligence

Question 20

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.

Answer 20

Negligent Retention

Question 21

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

Answer 21

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

Question 22

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

Answer 22

Develop training and operational strategies for addressing workplace violence

Question 23

______ is an absolute defense against defamation claims.

Answer 23

Truth

Question 24

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)

Answer 24

False

Question 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.

Answer 25

Retaliation

Question 26

Communicating false statements that harm a person’s reputation.

Answer 26

Defamation

Question 27

A claim in which an employer has provided an untrue reference that omits information about an employee’s dangerous and/or criminal behavior.

Answer 27

Negligent Referral

Question 28

Enacted in 1988, it gives terminated workers an opportunity to search for other employment or obtain additional training.

Answer 28

Worker Adjustment and Retraining Notification Act (WARN)

Question 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.

Answer 29

Plant Closing

Question 30

A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing.

Answer 30

Mass Layoff

Question 31

(Also known as “express contract”) A verbal or written agreement in which the parties state exactly what they agree to do.

Answer 31

Explicit Contract

Question 32

The WARN requires employers with ________ employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees.

Answer 32

100+

Question 33

________________ is the best method for a manager to correct an employee problem.

Answer 33

Informal coaching

Question 34

____________ time off is one element of progressive discipline.

Answer 34

Suspension

Question 35

When long-standing employee performance issues are not resolved through progressive discipline, the most likely result is employee _________

Answer 35

Termination

Question 36

A manager’s graduated response to employee poor performance.

Answer 36

Progressive discipline

Question 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.

Answer 37

Race- based

Question 38

Prior to 1986, it was ________ for undocumented workers to work in the United States, but not ________ for employers to hire them.

Answer 38

Illegal; illegal

Question 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.

Answer 39

Three; one

Question 40

If E-Verify gives a tentative non-confirmation response, how many days does the employee have to contact the appropriate federal agency?

Answer 40

Eight

Question 41

By 2009, the Department of Homeland Security started requiring covered contractors to enroll in E-Verify. What defines a covered contractor?

Answer 41

Federal contract of over $100,000 and work performed in the United States within the last 120 days

Question 42

There is no federal law requiring performance appraisals in employment. (T/F)

Answer 42

True

Question 43

Workplace surveys suggest that the ________ of employee performance appraisals are inadequate.

Answer 43

Majority

Question 44

Which type of performance measures are safest to have on an appraisal?

Answer 44

Objective

Question 45

Employers are often hesitant to provide detailed references about former employees due to the risk of:

Answer 45

Tort liability

Question 46

To whom falls the burden to determine if an employer referral was truthful or not?

Answer 46

The former employer