Performance Appraisals and Discrimination Cases, Exams of Nursing

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LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers-Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College • Question 1 Which of the following is true regarding performance appraisals? 2 out of 2 points Sele c ted Ans w er: b. performance appraisals are key pieces of evidence in many discrimination cases Answers: a. most employers are legally required to conduct performance appraisals b. performance appraisals are key pieces of evidence in many discrimination cases c. an inaccurate performance appraisal, standing alone, always creates liability for the employer d. employers may appraise some employees randomly and not others Questi on 2 Und er the AD A, perf orm ance appr aisal s for LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College not permitted because of the inherent disadvantage that certain disabled employees have when compared to non-disabled employees c. cannot consider any difficulties performing non- essential job functions d. should assess job performance both with and without any reasonable accommodations • Question 3 You are the judge hearing a Motion for Summary judgment filed by 2 out of 2 points an employer in the case of an employee who has been terminated. The employee was the sole African-American customer service representative at the firm, who had a lengthy record of good evaluations. However, she received more negative evaluations over a period of three years after a new supervisor was hired, and the more stringent requirements applied to her were not applied to white LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Selecte d d. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College employees. After 3 years, the employee was then selected for termination in a downsizing based on the previous 3 years’ evaluations. Based on this evidence, what should you decide? LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College was terminated, and not when a tainted performance evaluation was created d. the case should be dismissed because the statute of limitations has passed, and the case was filed too late Question 5 LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College c. the Motion to Dismiss should be denied because the employee’s right to file a cause of action accrued when she • LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Performance appraisals: Selec a. 2 out of 2 points ted Ans w er: should cite specific instances of good or bad performance Answers: a. should cite specific instances of good or bad performance b. should never contain language strongly criticizing an employee’s performance c. should consist primarily of numerical ratings because these are more objective d. all of these e. none of these • Question 6 OSHA’s LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College hazard communication standard requires: 2 out of 2 points Sele c ted Ans w er: b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace Answers: a. specific content and methodology regarding the training of employees in hazards that they might reasonably encounter on the job b. that employers maintain material safety data sheets for all hazardous chemicals used in the workplace c. that employers provide employees with information about evacuation routes and other emergency procedures d. all of the above e. none of the above • Question 7 LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College a. nder the ADA, failure to train is a materially adverse U employment action that can be challenged as discriminatory Answers: a. Under the ADA, failure to train is a materially adverse employment action that can be challenged as discriminatory b. The employer engaged in disparate treatment, provided the employee can prove that she is able to operate the machine c. The employer is not obligated to reasonably accommodate the employee in the training process because operating the machine is not required for her current job d . all of these e. none of these • Question 9 Under Title VII, in cases of discrimination, punitive damages LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College tedavailable only for intentional discrimination resulting from Answmere indifference when an employer has violated an er:employees federally protected right Answers: a. available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College are: 0 out of 2 points Selec d. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College b. negative performance appraisals, by themselves, do not prove discrimination c. employees who conduct performance appraisals should be trained in how to conduct them d. a biased negative appraisal may constitute disparate treatment e. none of these • Question 11 Which of the following is NOT true regarding performance criteria and standards? 2 out of 2 points Sele c ted Ans w er: b. There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available Answers: a. They must be applied consistently regarding employees, department and sections within the organization LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College job description is available c. They must be specific and objective d. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College b. There is no requirement that they be communicated to employees prior to the appraisal of their performance if a LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College They must be job related • Question 12 A 360 degree appraisal: 2 out of 2 points LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College ness to work two jobs b. all of these are commonly used c. quality of work d. leadership e. punctuality • Question 14 Which of the following statements regarding the timing of performance appraisals is true? 2 out of 2 points Sele c ted Ans w er: c. all of these are true Answers: a. a negative performance appraisal given shortly before layoffs or terminations LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College appears to be pretext b. a negative performance appraisal given shortly after an employee has filed a charge against the employer appears to be retaliation c. all of these are true d. a positive performance appraisal given just prior to salary review may be grounds for raising an employee’s salary • Question 15 Regarding the language to be used in performance appraisals: 2 out of 2 points Sele c ted Ans w er: b. should be measured and professional, whether conveying a positive or negative appraisal Answers: a. the language, if negative, should be as forceful as possible to convey the negative evaluation LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College b. should be measured and professional, whether conveying a positive or negative appraisal c. should use common terms, and pleasant language, so as to avoid claims of defamation d. none of these • Question 16 2 out of 2 points A high-level manager consistently received positive performance reviews from her immediate supervisor for four years. She earned bonuses, salary increases, and was promoted to the senior leadership team. Some thought her interpersonal skills could use some work, but this criticism was not emphasized. After a change in management, top managers grew more critical of her. She was passed over for promotion, the promotion being given to a male with less experience. Responsibilities were taken away, and she was dropped from the senior leadership team. A new (never-again used) 9-point rating system was used, on which she earned the lowest possible score. The CEO said he wanted her out “legally,” and asked “How do we explain this to a jury?” Managers explained there was little support for her LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College often require that employees in the lower performance categories are subject to termination or are ineligible for bonuses and raises c. require that predetermined percentages of employees be placed into particular performance categories d. may lead to claims of age, race or sex discrimination • Question 18 2 out of 2 points As a new manager, you are delighted with your new job (and higher pay), but now it’s time for the annual performance appraisals of the staff you supervise. Worse, you have been directed to downsize your department by 10%. Many of your colleagues have offered you advice as to how to proceed. Among the following, which would NOT be good advice? Sele c ted Ans w er: d. none of these would be good advice Answers: a. make clear that no matter how well they have done their LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College all of these would be good advice c. as you conduct the performance appraisals, speak gruffly to each employee, in order to prepare them for possible termination d. none of these would be good advice e. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College jobs, it is no guarantee that they will survive the cut; don’t allow or answer any questions b. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College use a forced distribution method of performance appraisal, which will help you achieve a 10% cut in department staff easily, and avoid legal claims • Question 19 You are the crew supervisor of a group of men and women who clean offices for commercial 2 out of 2 points office buildings in downtown Manhattan. Few of them speak or read English, and part of your job is to give them their instructions in Polish and Spanish, as the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a highly effective, but highly toxic cleaning agent for marble floors which is dangerous to humans and to the environment, and requires complex and special handling. You’re not even sure you could explain the instructions to the Spanish-speaking employees, let alone the Polish employees. You’ve raised the issue with your boss, who tells you not to worry about it. He said that even if the employees became ill by using the product, the illness would not show up for a long time, so there’s no way to connect it with the firm. He refuses to provide instructions translated into Spanish and Polish, or latex gloves which are required for its handling. You have a choice. You know that some actions would put your employer first, some would put yourself first, and some your LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College employers with drug policies provide counseling and rehabilitation c. employers with drug policies advise employees about the potential penalties for drug violations d. all employers adopt a drug-free workplace policy Sunday, July 17, 2016 9:03:10 PM EDT • Question 1 A department store clerk learns that her employer has placed a hidden video camera in the employee changing room. If she sues, the claim would most likely be for: 0 out of 2 points Sele c ted Ans w er: d. public disclosure of private facts Answers: a. false imprisonment LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College b. violation of her 4th Amendment right to be free from unreasonable search or seizure c. appropriation of a name or likeness d. public disclosure of private facts e. intrusion upon seclusion • Question 2 Regarding surveillance and video monitoring of employees, it is correct to say all of the following EXCEPT: 0 out of 2 points Sele c ted Ans w er: c. surveillance and video monitoring of employees can take place in all places open to public view, without the need for a search warrant Answers: a. before surveillance or video monitoring of employees can take place, a search warrant must be obtained b. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College place in all places open to public view, without the need for a search warrant LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College none of these is true c. surveillance and video monitoring of employees can take LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College ion 4 Conduct that is “outrageous” is required to establish: Sele c ted Ans w er: a. infliction of emotional distress 2 out of 2 points Answers: a. b. infliction of emotional false distress impr LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College onment c . none of these d . malicious prosecution e . a privacy tort claim • Question 5 The Privacy Act requires: 0 out of 2 points Sele c ted Ans w er: d. all of these Answers: a. that covered employers adopt written workplace privacy policies LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Answers: a. common law privacy protections apply to public, but not private employees b. constitutional rights to privacy apply to private, but not public employees c. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College whether an employee has a reasonable expectation of privacy is determined on a case-by-case basis d. employees have a 4th amendment right to be free from unreasonable searches and seizures of their workplaces • Question 8 Employers may conduct hidden video surveillance of employees: 0 out of 2 points Sele c ted Ans w er: c. in the company parking lot Answers: a. d in bathrooms and locker rooms if the employer . suspects drug use or other illegal activities all o b. these in private offices because the office is part of the e. employer’s property none c. of in the company parking lot these order Amanda into a room to be strip searched by Hilda, the head of security b. Mike can go through the contents of Amanda’s purse as long as he doesn’t touch her physically c. Mike can search Amanda’s desk d. all of these e. none of these Question 10 LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College c. Mike can search Amanda’s desk Answers: a. because the missing items are extremely small, Mike can • LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Under the Employee Polygraph Protection Act: 2 out of 2 points Sele c ted Ans w er: a. employees have a right to review all questions before the test begins Answers: a. employees have a right to review all questions before the test begins b. employees can be disciplined or discharged for refusal to submit to a polygraph c. employees cannot terminate a polygraph exam once it has begun if they have voluntarily consented to the exam d. all of these e. none of these • Question 11 The LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College ted Answ er: all of these Answers:a. prohibits the intentional interception of electronic communications b. prohibits the monitoring of computer use by employers c. prohibits the accessing of stored e-mail messages by employers d. all of these e. LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Electronic Communications Privacy Act: 0 out of 2 points Selec d. none of these • Question 12 Regar ding work place priva cy, which of the follow ing state ments is NOT true? LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College facts c. intrusion upon seclusion d. intentional infliction of emotional distress • Question 14 Which of the following torts has as a required element of proof, the matter is not of legitimate concern to the public. 0 out of 2 points Sele c ted Ans w er: a. intentional infliction of emotional distress Answers: a. intentional infliction of emotional distress b. plac ent i a fal light LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College c. public disclosure of private d. intrusion upon seclusion • Question 15 Which of the following laws mandates that medical information obtained from current employees must be job-related and consistent with business necessity? Sele c ted Ans w er: a. The Occupational Safety and Health Act 0 out of 2 points LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College d. all firms contracting with the federal government e. both health care providers and self- insured companies f. none of these • Question 18 0 out of 2 points LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations? Sele c ted Ans w er: c. at the front entry to the office Answers: a. employee rest rooms b. at an employee’s computer workstation c. at the front entry to the office d. none of these • Question 19 2 out of 2 points Your boss has told you that he suspects that his wife (whose desk is next to yours) is cheating on him, and having an affair with another man. Because your desk is next to hers, he has asked you to check her LAW 128 001 Chapter 16 and 17 Quizzes with Questions and Answers- Greenville Technical College