Misc
These practices are particularly susceptible to claims of discrimination as barriers to equal opportunity.
Testing that takes place before hiring, or sometimes after hiring, but before employment, in connection with such qualities as integrity, honesty, drug and alcohol use, HIV status, or other characteristics.
a theory in sociology that people tend to form connections with others who are similar to them in characteristics such as socioeconomic status, values, beliefs, or attitudes.
For the purpose of finding the best individual for a position and also to ensure that the individual is free of problems that would prevent her or him from performing the position's functions.
What are the purposes of testing in the workplace? page 173
The omission or failure to do something in the way that a reasonable person or prudent person would have done the same thing.
What is negligence? page 161
Due to the risk of _________(s) as a result of reference checks, many employers have adopted an official policy of providing only name, position held, and salary, or simply saying, "No comment".
What is lawsuits? page 167
Fraud, Misrepresentation, and Material Facts ...
What are common-law recruitment violations? page 149
Despite recent legalization, using __________ is still considered a criminal act under federal law, and is listed in the same category as cocaine, heroin, LSD, and ecstasy.
What is marijuana? page 185
Employment of a person who causes harm that could have been prevented if the employer had conducted a reasonable background check on the employee.
What is negligent hiring? page 160
This act makes it illegal to discriminate against employees or job applicants on the basis of genetic information.
What is the Genetic Information Nondiscrimination Act of 2008? Page 189
The ADA and the Vocational Rehabilitation Act protect employees and job applicants from discrimination based on their _____________ status.
This law put an end to private sector use of the polygraph test in selection processes and greatly restricts its use in many other employment situations.
What is the federal Employee Polygraph Protection Act of 1988? page 187
This is admissible to show the court in a wrongful termination case that, whether or not the employee had unlawful reasons for the action, the employer also had this legal justification for the action.
What is after-acquired evidence? Page 171
True or False? An employee or applicant who has successfully completed or is pursuing a rehabilitation program and demonstrates that he or she has a disability based on prior use, is covered under the ADA and is entitled to a reasonable accommodation.
True. Page 186
** Note: current users are not covered.
This takes place when one person makes an intentional false statement that harms another person.
This is a concept to ensure that a process, such as a disciplinary process, has been carried out in a fair manner.
What is due process? page 197
Is a member of a protected class; suffered an adverse employment action; was qualified for the job; and was replaced by someone with similar qualifications who is not a member of the protected class.
What is establishing a prima facie case? page 195
What are performance appraisal schemes? page 192
A periodic assessment of an employee's performance, usually completed by his or her supervisor and reviewed at times, by others in the company.
What is a performance appraisal? page 191
The first step in developing a drug free workplace policy.
What is whether to even have a DWFP? page 184 insert
Can increase distrust between management and employees, can be costly, false accusations can occur etc.
What are the drawbacks to having a DFWP policy? page 183 insert
These are administered to applicants seeking a particularly physically demanding job in order to increase the likelihood that candidates will be able to perform the essential functions of the job.
What are physical ability tests? page 178
Evidence that shows a test evaluates what says it evaluates
What is validation? page 176
40% of _______ _____ ______ ask applicants to complete a psychological test before they will be made an offer of employment.
What are Fortune 100 companies? page 177