20

The Drug Free Workplace Act 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.	employees must be drug tested and fired if they test positive

21

Regarding drug tests, which of the following statements is NOT true?

	a.	the employer must begin the test again with a new sample
	b.	the employer must allow the employee access to samples so that the employee can have her own test done
	c.	the employer must perform a second confirmatory test if requested by the employee
	d.	the employee must be provided with notice that drug testing is required

22

A criterion validation study need not:

	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.	measure the skills required for the job

23

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.	address post-accident testing
	d.	regulate more fully random drug testing

24

You are in the process of revising your pre-employment tests, as your current test is out of date, and may have discriminatory effects.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

25

Employers must show that a scored 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.	only if criterion validity cannot be established

26

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 does not apply to, or prohibit, pencil and paper honesty tests
	c.	it only applies to private sector employers but not to governmental agencies
	d.	it prohibits the use of polygraphs by private sector employers for any reason

27

You are a salesperson for a pharmaceutical company, a job it was difficult to get. After you'd been there a while, there was another opening, and you recommended your friend, Paul. He was hired, and the two of you have enjoyed working together ever since. Recently, the secretary for the sales team has confided in you that Paul has been acting inappropriately, and most recently, cornered her in the supply room, and pushed her up against the wall with his body, and caressed her with his hands. She does not know that you recommended Paul to the firm. Of the following choices, what should you do?

	a.	tell her not to worry, that it will pass, because Paul is not normally like this
	b.	tell her not to worry, that you'll talk to Paul, and tell him to stop it
	c.	tell her to report Paul to Human Resources, and you'll tell them you saw it
	d.	talk to Paul, and tell him that if he doesn't stop it immediately, and apologize, you will report him to Human Resources

28

The primary difference between harassment that results in tangible employment action and harassment that creates a hostile working environment is:

	a.	the availability of a rebuttal to the plaintiff if the employer proves a reason for the hostile environment
	b.	the criteria for proving harassment that results in a tangible employment action is less stringent
	c.	the criteria for finding employers liable differs depending on the outcome of the harassment
	d.	the level of proof required in theprima faciecase for harassment that results in tangible employment action

29

In the case of "equal opportunity harassers" who harass both men and women, the courts tend to rule:

	a.	for the harasser, because the harassment is not because of sex
	b.	for the victim of the harassment, because harassment is proven generally
	c.	for the victim of the harassment, because the harassment is because of sex
	d.	for the harasser, because harassment is not proven in that circumstance

30

In the case in which a woman ended her brief fling with a supervisor while on vacation, and was demoted when she rebuffed him, the appeals court ruled:

	a.	to dismiss the case for failure to state a cause of action
	b.	to affirm the summary judgment ruling in favor of the male supervisor because no harassment was proven
	c.	to reverse the summary judgment ruling in favor of the male supervisor because he was not the woman's supervisor
	d.	to reverse the summary judgment ruling in favor of the male supervisor because the woman raised issues of material fact

31

Which of the following is part of the "affirmative defense" available to employers in certain hostile environment cases?

	a.	the employer knew or should have known about the harassment
	b.	the employee took advantage of preventive or corrective measures provided by the employer
	c.	the employer exercised reasonable care to prevent and correct promptly any harassment
	d.	the employee failed to create a harassment policy

32

Which of the following should be included in an employer's policy prohibiting harassment?

	a.	assurance that employees reporting harassment will be transferred to a new position
	b.	assurance of complete, strict confidentiality in handling harassment complaints
	c.	a clear and accessible procedure for reporting harassment
	d.	a warning that harassment, if not proven, may result in the employee losing employment

33

The plaintiff in a harassment case must prove:

	a.	the harassment was welcome
	b.	the harassment created a hostile work environment
	c.	the harassment was because of sex
	d.	the harassment was directed toward a protected class

34

In a case in which the employee claimed harassment by her supervisor in which he altered her work hours with the knowledge that doing so would adversely affect her hypoglycemia; frequently stood at her desk and stared angrily at her; startled her by pounding on her desk with his fist; criticized her work unfairly; and yelled at her in front of co-workers, the court ruled that:

	a.	no sexual harassment was proven, because no demand for sexual favors was made
	b.	no harassment could be proven without verbal or physical conduct of a sexual nature
	c.	no sexual harassment was proven, because no hostile environment was created
	d.	a hostile environment was created by the supervisor's conduct

35

As the Assistant Human Resources Manager, you have learned from another employee that a co-worker is being harassed by her supervisor. Assuming your firm has no anti-harassment policy,you should undertake all of these actions

36

Which of the following is true regarding the role of conduct outside of the workplace in harassment cases?

	a.	employers can be held liable based on harassing conduct that occurs outside of the workplace
	b.	the sexual activities of persons who allege harassment will be examined in order to determine whether the treatment received was unwelcome
	c.	the marital statuses of the plaintiff and the alleged harasser will be taken into account in determining whether harassment occurred
	d.	all of these

37

Regarding the "severe" or "pervasive" standard for assessing harassment cases, which of the following statements is NOT true?

	a.	to prove harassment, the plaintiff must show that the conduct complained of was both severe and pervasive, unless it occurred outside work
	b.	to prove harassment, the plaintiff must show that the conduct complained of was severe or pervasive
	c.	the degree of severity required is in inverse proportion to its pervasiveness
	d.	none of these

38

Regarding harassment, which of the following statements is NOT true?

	a.	the definition of harassment does not include workplace bullying
	b.	harassment is a serious problem in the workplace
	c.	the definition of harassment is contained in the federal AntiHarassment Law
	d.	not every form of workplace bullying is legally actionable

39

A male customer of a sports bar has taken a particular liking to one of the waitresses, and always asks to be seated at her station, so that she will wait on him. He has spoken to the manager of the bar, and generously tipped him to insure that he will get her station. But the waitress does not want to wait on the customer, because he grabs and pinches her rear, tries to tuck money down her top, and frequently pulls her down onto his lap. She asks the bar manager not to let him sit at her station any more, but the manager tells her it's good money (he does tip her well), and she should be nice to him. If she files suit for harassment, what will the court most likely rule?

	a.	for the employer, because the customer has not committed harassment
	b.	for the employee, because the customer has committed harassment
	c.	for the employee, because the customer has committed harassment, the employer knew about it, and did nothing
	d.	for the employer, because the customer does not have the power to affect her employment status, so that his conduct cannot result in a tangible employment action against her

40

If an employee is subject to severe harassment, and quits his position to escape it, the court will likely rule:

	a.	that because he quit, no tangible employment action can be proven
	b.	that the quit is a constructive discharge, which constitutes a tangible employment action if it results from a demotion or pay cut
	c.	that a hostile environment is presumed, but that the employee waived the right to sue when he left