Exam 4: Legal Issues in Selection

Race norming is the practice of ranking test scores of minorities separately from non-minorities and of choosing high scores within each group in order to create or maintain a more diverse workforce.

The Age Discrimination in Employment Act eliminates trials by jury..

Since 2009, sexual preference discrimination is covered under Title VII of the Civil Rights Act of 1964.

All organizations are required to keep information about the demographic characteristics of applicants and hires.

Sometimes under EEO there is a legal requirement to hire unqualified applicants to increase the "numbers" of specific groups.

Private clubs are not covered by Title VII of the Civil Rights Act of 1964.

In voluntary affirmative action programs, preferential treatment given one group may be interpreted as reverse discrimination by another group.

What is the regulatory agency in charge of the enforcement of Title VII?

Lack of discrimination intent is sufficient defense in a court case of disparate treatment discrimination in selection.

Requirements drawn from higher-level jobs are permissible only if it can be documented that a majority of individuals move to higher-level jobs within a reasonable time period.What do the Uniform Guidelines on Employee Selection Procedures define as a reasonable time period?

To establish a prima facie case, a person needs only to show that he/she belongs to a racial minority and that he/she was rejected for the job.

Match the key issues to the major selection court cases. a.Company must insure that all parts of a multiple-step selection program have no disparate impact b.Company's burden of proof against adverse impact diminishes as human risk increases c.Selection test must be job-related if disparate impact results d.Validation must reflect selection decision practices e.In disability cases, organization must prove that individual cannot perform job f.Company's moral concerns about health of future children is not sufficient to bar women from employment g.Cases focusing on subjective selection devices (e.g., interviews and judgments) could be heard as disparate impact cases -Watson v.Ft.Worth Bank & Trust (1988)

For content validation, statistical validation should include a representative number of:

Homosexuality is considered a disability according to the Americans with Disabilities Act.

Statistical data are a major part of disparate impact cases.

The Americans with Disabilities Act protects active alcoholics who cannot perform their job duties from employment discrimination.

According to the regulatory model of EEO, what begins the regulation process?

The Americans with Disabilities Act does NOT considers drug testing a medical examination.

Generally, the disabled person is responsible for informing the employer that accommodation is needed.

"Qualified individual with a disability" refers to which of the following?