Solution Manual for Employment Law for Human Resource Practice
1111972192 9781111972196
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CHAPTER 6 EMPLOYMENT TESTING
MULTIPLE CHOICE QUESTIONS
1. Which of the following statements is most correct about the legality of drug testing?
a. drug testing will usually be upheld, provided that the employer had reasonable grounds for suspecting that the individual employee was under the influence of drugs
b. drug testing will usually not be upheld if it is legally challenged
c. drug testing will be upheld for private sector employees, but not for public employees
d. drug testing will usually be upheld, but random testing procedures are the most susceptible to challenge
Answer: D
2. Drug testing may include samples of all of the following EXCEPT:
a. blood
b. saliva
c. hair
d. fingernails
Answer: D
3. The Drug Free Workplace Act of 1988 requires that:
a. employees must be drug tested at the time of hire and whenever there is reasonable suspicion of drug use in the workplace
b. employers must develop and communicate polices prohibiting drug use, possession, or sale in the workplace
c. employers must terminate all employees who are found more than once to be using drugs in the workplace
d. all of the above
e. none of the above Answer: B
4. Which of the following is considered a medical exam under the ADA?
a. drug test
b. genetic test
c physical fitness/agility test
d. vision tests for ability to read or recognize objects
e. none of the above Answer: B
5. Which of the following is true regarding medical exams under the ADA?
a. all medical exams must be voluntary
b. medical exams conducted following conditional offers of employment are unrestricted in scope
c. only if an employee’s condition makes him a direct threat to himself or others can he be denied an employment opportunity based on a medical exam
d. people who are disabled or look disabled may be singled out to receive medical exams based on their condition
e. none of the above Answer: B
6. Which of the following is true regarding HIV tests?
a. they must not be given until after a conditional offer of employment has been made
b. forced testing of public employees will usually violate the Constitution
c. it will usually not be legal to deny an employment opportunity based on the fact that a job candidate or employee has tested positive
d. all of the above
e. none of the above Answer: D
7. About half of the states have drug testing laws, some of which:
a. prohibit blood testing
b. require testing of certain employees, or under certain conditions
c. regulate more fully random drug testing
d. all of these
e. all of these except a Answer: E
8. Employers must show that a test is job related and consistent with business necessity:
a. only if the test is having discriminatory effects
b. any time that a test is used
c. only if content validity cannot be established
d. none of the above
Answer: A
9. To determine if a test is having discriminatory effects:
a. see if the number of women and persons of color hired is at least four-fifth’s of the number of white males hired
b. see if the proportion of women and persons of color hired is roughly equal to the proportion of women and persons of color in the relevant labor market
c. compare the pass rates for different protected class groups and see if the pass rate for any group is less than four-fifth’s of the pass rate for the most successful group
d. compare the number of persons from different protected class groups that pass the test and see if the number of persons passing for any group is less than four-fifth’s of the number for the most successful group
e. examine the individual test questions looking for evidence of bias
Answer: C
10. Which of the following is NOT true regarding the Employee Polygraph Protection Act?
a. it applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs
b. it only applies to private sector employers but not to governmental agencies
c. it prohibits the use of polygraphs by private sector employers for any reason
d. it does not apply to, or prohibit, pencil and paper honesty tests
Answer: C
11. Content validation studies:
a. examine whether behaviors and skills tested closely represent behaviors and skills used on the job
b. examine test items to ensure that they measure what they purport to measure and do not include irrelevant or biased questions
c. demonstrate a statistical association between test performance and job performance
d. all of the above
e. none of the above
Answer: A
12. In Lanning v. SEPTA, female applicants for transit police jobs failed the physical fitness test at a much higher rate than male applicants and were rarely hired. The major conclusion to be drawn from this case is that______:
a. employers should reasonably accommodate women when conducting physical fitness tests
b. if physical fitness tests are professionally developed, they will usually not produce discriminatory effects
c. cut-off scores on physical fitness tests should reflect the minimum level of physical ability needed to successfully perform the job
d. employers must not establish different cut-off scores for men and women on physical fitness tests
e. none of the above
Answer: C
13. A criterion validation study must:
a. be based on a thorough job analysis
b. include a representative sample
c. demonstrate a statistical association between test performance and job performance
d. all of the above
e. none of the above Answer: D
14. Regarding drug tests:
a. the employer must perform a second confirmatory test if requested by the employee
b. the employer must allow the employee access to samples so that the employee can have her own test done
c. a and b
d. none of the above; if the test is done by an independent certified laboratory and there is no evidence that the test was compromised or invalid, the original test is all that needs to be done
Answer: C
15. For union employers, drug testing is:
a. prohibited
b. permitted only under certain conditions
c. a subject of mandatory bargaining
d. none of these Answer: C
16. Drug testing laws, both state and federal, require that:
a. employers use due care in conducting tests and handling samples
b. employers refrain from drug testing unless required by law
c. employers routinely drug test all employees
d. none of these Answer: D
17. You have just concluded an employment interview with an applicant you like, who is qualified for the inside sales job you have been interviewing for, and have made a conditional offer of employment. You tell the applicant that you want her to take a medical exam, and if she passes, she has the job. She is at first obviously happy and seemingly relieved, but then breaks down in tears. She tells you that a medical will show that she is HIV positive. What should you do?
a. Tell her not to worry, and that if she otherwise passes the medical exam, she has the job
b. Tell her that you’re sorry to hear about her affliction, and obviously, you cannot hire her
c. Report her to the County Health authorities
d. none of these
Answer: A
18. You are the HR Manager of your firm, and you pride yourself on being up to date with legal requirements, and on the cutting edge of your field. You’ve just gotten a mailer about a new test kit which would perform genetic testing by pricking a finger, dripping the blood sample onto a tab, and mailing it in to a lab. You think how this could be applied to your employees and applicants, and what you might be able to save on health insurance costs. What should you do?
a. Order a gross of the genetic testing kits as soon as possible.
b. Call the company attorney to ask how you could test the entire staff without their knowledge
c. Throw the mailer in the trash; it’s use in this context would be illegal
d. none of these
Answer: C
19. Your firm’s lunchroom has been a congenial gathering place for employees while they are taking their lunch breaks, but lately, lunches that employees have brought from home and put into the refrigerator in the morning have disappeared by lunch time. This has happened several times, and the employees have now started to accuse one another of stealing lunches. Morale has fallen, and you must do something. Of the following, which is your best option?
a. conduct polygraph tests of all of the employees
b. conduct polygraph tests of all employees who use the lunchroom
c. install a video camera, and train it on the refrigerator in the lunchroom
d. prohibit use of the refrigerator by anyone
Answer: C
20. You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects. A new company offering a pre-employment test has given you a sample of their test, which they tell you has had great success in screening to acquire only honest employees. Applicants are to agree or disagree with several statements, including this one: “I believe God wants us to conduct ourselves with honesty in all things, including at work.” Which of the following statements is most correct?
a. The test will have no discriminatory effect, and will successfully screen for honest employees
b. The test may have a discriminatory effect, and should not be used
c. You should wait to see how the test performs for other companies, so that you can decide whether or not to adopt it
d. none of these
Answer: B
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. Supervisors should be well-trained at identifying signs of drug use and impairment.
Answer: While employers can generally drug test without legal consequences, testing based on reasonable suspicion of drug use is especially impervious to legal challenge. The most likely source of reasonable suspicion is the observations of supervisors.
b. Information about medications taken should be sought only after positive drug test results occur.
Answer: ADA, medical inquiries. The ADA explicitly prohibits medical inquiries, prior to a conditional offer of employment. At the same time, information on prescription medications taken might explain why a positive drug test result occurred. The EEOC recommends the above as a practical compromise.
c. Drug testing programs should require confirmatory tests to verify positive results, provide for documentation of the chain of custody, use reputable labs and monitor their performance, and use a Medical Review Officer.
Answer: State drug testing laws, Transportation Employees Testing Act – Department of Transportation regulations for drug testing of transportation employees and state drug testing laws have procedural requirements for drug testing. While there is no set of procedures that are legally required in all cases, there is consensus on sound drug testing procedures.
d Employers should have evidence of validity for all of their tests, but must do so for tests that have discriminatory effects.
Answer: Adverse impact – If a prima facie case of adverse impact is established by showing that a test has discriminatory effects, the employer can only defend its use of the test by showing that it is job related and consistent with business necessity. For scored tests, this typically means that a formal validation study must be conducted.
e. Content valid tests should be used to the extent feasible, but not to assess intangible characteristics and not for tasks that could readily be learned on the job.
Answer: Adverse impact – The EEOC’s Uniform Guidelines on Employee Selection Procedures caution against using content validation to assess the validity of tests measuring intangible characteristics because it not possible to observe the overlap between the test and the measured characteristics. Likewise, tests that assess ability to perform tasks that could readily be performed on the job limit employment opportunity and do not assess the minimum ability needed to be successful on a job.
2. Non-medical tests used for making employment selection decisions must be scored in some way. Name and discuss the various legal and illegal methods that employers utilize.
Answer: Much of the time, employers establish cutoff scores in which they select a number, above which is passing and below which is failing. Those above the passing score can further be ranked by simply considering the highest score to be the most qualified with those lower less qualified. Cutoffs are acceptable when they are reasonable and consistent with normal expectations of acceptable proficiency. Employers should refrain from setting different passing scores for different races, nationalities, sexes or other named protected characteristic. This is called race norming (whether it is based on race or not) although the term gender norming has been widely accepted in issues related to sex, and is illegal. Employers can diminish the potential discriminatory effects of a test by utilizing the technique of banding test scores. In banding, scores within a range are treated equally so statistical differences and possible problems with the test are minimized. Banding is much like university grading where a final grade of “B” may be earned with a final average that falls between 80 to 89 (or whatever range the school has implemented).