answered: Book used–Employment Law for Human Resource Practice by Wals

  

Book used–Employment Law for Human Resource Practice
by Walsh, David J.
Directions: For questions that have answers you can pick, copy / paste the question into your answers document and highlight your selected answer. Thank you.
Part 1 – Video – What is Pre-Employment Testing? Highlight the Right Answer
1. The narrator states pre-employment tests are a(n) ____ (objective and standardized / fool-proof / wide ranging) way of gathering information on job applicants.
2. Well prepared pre-employment tests are able to gain insights into the capabilities and ________ (honesty / ethics / behavioral traits) of prospective employees.
3. The narrator states employment tests fall into three general categories. One category is aptitude. A second is skills. The third type of test involves ______ (logic / personality / deductive reasoning).
4. Aptitude tests generally assess for _________ (critical thinking / honesty / reliability).
5. The one type of test that seems to be the best overall predictor of job performance is one that assesses _______ (honesty / aptitude / ethics).
6. The type of test that would help the employer determine if a person would be a good cultural fit is the _____ (personality / skills / aptitude) test.
7. A test that would focus on particular job requirements would be best measured by a(n) _____ (honesty / skills / aptitude) test.
8. Is it a good idea to use more than one type of basic job test when hiring a person? _____ (yes / no)
9. By using appropriate pre-employment tests, you can make ______ (a better- informed hiring choice / avoid lawsuits / guarantee you will hire the best person for the job).
Part 2 – Video – What are Integrity Tests? Highlight the Right Answer
10. The narrator starts this video by stating integrity tests by assessing the likelihood that an applicant will be a(n) _______ (reliable / honest / long-term) employee and will follow the rules.
11. The narrator states most integrity tests focus on a person’s tendencies and attitudes towards _______ (honesty / rule following / morals).
12. It seems like, according to the narrator, integrity tests focus on predicting a wide variety of __________ (positive / counter-productive) behaviors.
13. Integrity testing seems to be most important for _________ (entry level / managerial / highly technical) positions.
14. Integrity testing is appropriate for manufacturing jobs to assess _______ (likelihood of employee theft / risks for safety violations / relations with co-workers).
15. At the end of the video the narrator explains how integrity tests differ from background checks. In your own words what does he state the major differences are between the two?
Part 3 – Video – Legal Compliance in Pre-Employment Testing – Highlight the Right Answer
16. The narrator states using appropriate, validated tests __________ (increase / decrease) an employer’s legal liability exposure.
17. Generally speaking is there a separate body of law that pertains to conducting testing? ______ (Yes / No – same legal rules apply to testing that would apply to interviewing, checking references, etc.)
18. Testing is more ______ (subjective / objective) than interviewing people.
19. The narrator states an employer is _____ (2 / 3 / 6) times more likely to be sued due to interviewing than because of the use of various employment tests.
20. The narrator states the use of appropriate testing _______ (reduces / increases) subjective biases relative to age, sex and race.
21. The most important, singular factor in legally appropriate testing is ________ (using the same questions for all applicants / questions that are related to the job / appropriate reading level for applicants).
22. The narrator states the best way to develop appropriate testing for a job is to ______ (visit with people who actually do the job / form a committee to come up with test questions / do a job requirements analysis).
Part 4 – Video – Pre-Employment Physical Agility Test – Highlight the Right Answer
23. This video involves people who are seeking to work for ____ (a police department / an ambulance service / a firefighting organization).
24. The first part of the video discusses a strength test. The person must lift ____ (85 / 155 / 250) lbs. two times.
25. One critical failure to the strength test is “putting your butt up and lifting with you back” instead of using your legs with back straight. What are is another critical failures mentioned in this video? ____ (not being able to keep both feet on the platform / not being able to lift the weight in one fluid movement / both of the other answers are mentioned as critical failures)
26. The second test is a timed test involving a variety of tasks a person may have to do when called to an emergency. How many minutes must a person complete all the tasks? ____ (7 minutes / 11 minutes / 16 minutes)
27. You will see two of the tests involve having to carry pretty heavy weights. A mannequin weighing 100 pounds must be dragged 20 yards and then the person must carry a 110-lb barbell (simulating a 200-lb person) 20 yards forward and then 20 yards backwards. That is followed by being required to help carry a gurney with _____ (175 / 250 / 310) lbs. on it over an obstacle (with a partner) and to shove the gurney into the back of the ambulance alone.
28. Are the tests in this video gender normed? That is, do men and women have to perform at different levels to pass? _____(Yes, there are different standards for men and women / No, men and women are required to pass the same physical tests)
Part 5 – General Questions – Short Answer
29. Employer requires applicants for a job to be able to pass a series of physical tests in a given amount of time. There are 40 people who apply. Of the 40, eight (8) are women and 32 are men. A total of 28 men pass the test; three (3) of the women pass. Using the four-fifths rule, does it appear there is disparate impact discrimination in this situation? Explain and show how you arrived at your conclusion. (Review information on Page 215 of the Walsh text.)
30. The law allows an employer to engage in discrimination between or among protected classes if there is a bona fide occupational qualification (BFOQ). Do you believe it is appropriate for an employer to “discriminate” against men and women if a given job requires that any employee is required to meet certain physical requirements even though such requirements may favor men applicants? Explain.
31. On Pages 216-218 is the case of EEOC v Dial Corp (8th Cir 2006). This case involved a Fort Madison, Iowa, employer that required applicants to do a PAT (physical ability test) called a Work Tolerance Screen (WTS). Both the trial court and the appellate court ruled against the employer. What did the employer do wrong? On the surface it certainly appears the employer was trying to decrease injuries in a particular area of the plant and was using a physical test to determine if applicants had the physical strength to do the work. Why did the court rule against the employer? Explain.
32. The Dial Corp. case (above question) deals with disparate impact discrimination. As a review of a topic mentioned in an earlier chapter, what is disparate impact discrimination and, in general, how did the women in this case prove they were the victim of it? (Huge hint for second part of the question: these cases are proven by people who enjoy working with numbers!)
33. In Chapter 6 of the Walsh text is a very difficult to understand case – Bauer v Lynch (Pages 222-226). I don’t ask you to spend a lot of time with it as it is controversial. The gist of that case is that a federal appellate court approved of the FBI’s use of gender normed physical agility tests (PATs). A “gender normed” PAT is one that has different requirements for men and women. A man was upset who failed the test by one push-up (he did 29 of the required 30) though women were required to only do 14 push-ups. What is confusing about this case is that the FBI was NOT testing for a particular job – such as an ambulance worker or a firefighter. The FBI was testing for general, overall physical fitness to make sure an FBI agent could perform a wide range of job tasks – maybe some running, jumping, etc. but, again, nothing specific. The testing was for general overall fitness. Do you think it is okay for a physical fitness test that addresses a person’s general physical fitness to be gender normed so that women, for example, need to do 14 push ups in a particular time frame while men need to do 30 push-ups in the same time span? Assuming the test has been validated to account for the general physical differences between men and women, is using a gender normed physical test to assess general fitness okay? Explain your thoughts.
Part 5 – Drug Testing – Short Answer / Essay
Situation. Adam is the HR Director of Midsized Insurance and Settlement Company (MISC). MISC has about 60 employees who work in the home office. It also has many persons throughout the Midwest who are independent brokers who sell insurance products for MISC. Adam has decided he wants all persons who apply to work for MISC to be tested for both drug and alcohol before a person is even interviewed for a job. In other words, if a person applies for a job and seems to be qualified, then Adams wants the person to undergo drug and alcohol testing. If the person does not past the testing, they are automatically disqualified.
As for people currently working for MISC, Adam wants to conduct random testing of employees. He is thinking of selecting 5 to 10 people per department every few weeks so that over the next year every person will be tested. To get the first group of people to be tested, he asks people around work who he should test (“give me the names of some people you think I should test for drugs and alcohol ….”). Adam figures he might as well test the most likely people who are probably using drugs or abusing alcohol.
34. Write out at least a few paragraphs for Adam explaining what he can legally do under Iowa law and what he probably cannot do with respect to testing applicants and employees for drugs and alcohol. Iowa Code 730.5 Open this document with ReadSpeaker docReaderdeals with the testing of applicants and employees by private employers. Here is the URL: https://www.legis.iowa.gov/docs/code/730.5.pdf
Additionally, suggest to Adam a way he can do what he wants legally and what type of practical things he should do to make sure he complies with the intent of the law (notifying people, etc.). This question really pertains to the written policy / notice Adam should prepare on behalf of his employer.
Part 6 – And Finally
35. Pick one case or topic in this chapter and state why you felt it was particularly interesting to the work you do or would like to do. There are many topics presented and we only touch upon a few of them.