Chapter 16
PERFORMANCE APPRAISALS, TRAINING AND
DEVELOPMENT
Test Bank Questions, 5e
MULTIPLE CHOICE
1. Which of the following is true regarding performance appraisals?
a. most employers are legally required to conduct performance appraisals
b. employers may appraise some employees randomly and not others
c. performance appraisals are key pieces of evidence in many discrimination cases
d. an inaccurate performance appraisal, standing alone, always creates liability for
the employer
2. Under the ADA, performance appraisals for disabled persons:
a. cannot hold disabled persons to the same standards of performance as non-
disabled persons
b. cannot consider any difficulties performing non-essential job functions
c. should assess job performance both with and without any reasonable
accommodations
d. are not permitted because of the inherent disadvantage that certain disabled
employees have when compared to non-disabled employees
3. You are the judge hearing a Motion for Summary judgment filed by an employer in the
case of an employee who has been terminated. The employee was the sole African-
American customer service representative at the firm, who had a lengthy record of good
evaluations. However, she received more negative evaluations over a period of three
years after a new supervisor was hired, and the more stringent requirements applied to
her were not applied to white employees. After 3 years, the employee was then selected
for termination in a downsizing based on the previous 3 years’ evaluations. Based on this
evidence, what should you decide?
a. you should grant summary judgment for the employer because the termination
was based on performance appraisals rather than race
b. you should grant summary judgment for the employer because a discrimination
claim based on performance appraisals going back three years was no longer
timely
c. you should allow the employee to go to trial because African-Americans
disproportionately received low performance ratings in this company
d. you should allow the employee to go to trial because the termination was based on
performance appraisals that were tainted by consideration of the employee’s race
e. none of the above
4. In question # 3 above, evidence is introduced that the statute of limitations for filing an
EEOC claim is 300 days in the state where the case was filed. Since the performance
appraisals which were allegedly tainted by race were issued more than 300 days before
the case was filed, the employer moves to dismiss the case, arguing that the statute of
limitations has passed, the case has been filed too late. Based on this evidence, what
should you decide?
a. the case should be dismissed because the statute of limitations has passed, and the
case was filed too late
b. the case should be dismissed because the tainted evaluations triggered the
employee’s right to file a cause of action, and the case should have been filed
within 300 days of the first tainted performance appraisal
c. the Motion to Dismiss should be denied because the employee’s right to file a
cause of action accrued when she was terminated, and not when a tainted
performance evaluation was created
d. the Motion to Dismiss should be denied because the case of a termination based
on tainted performance evaluations may be filed at any time
5. Performance appraisals:
a. should cite specific instances of good or bad performance
b. should never contain language strongly criticizing an employee’s performance
c. should consist primarily of numerical ratings because these are more objective
d. all of the above
e. none of the above
6. OSHA’s hazard communication standard requires:
a. specific content and methodology regarding the training of employees in hazards
that they might reasonably encounter on the job
b. that employers maintain material safety data sheets for all hazardous chemicals
used in the workplace
c. that employers provide employees with information about evacuation routes and
other emergency procedures
d. all of the above
e. none of the above
7. The forced distribution method regarding performance appraisals consists of:
a. setting a schedule mandating when particular departments or divisions would be
evaluated over an extended period of time
b. evaluating protected classes within departments separately so that consistency
within these groups can be maintained
c. requiring that predetermined percentages of employees be placed into particular
performance categories
d. banding of performance appraisal results to create equality and negate the effect
of statistical inconsistencies in the evaluation itself which might have led to
potential discrimination
8. A disabled employee was refused the opportunity to train on a new machine because her
supervisor believed that her disability would make it impossible to operate the machine
with acceptable speed. The court should decide:
a. Under the ADA, failure to train is a materially adverse employment action that
can be challenged as discriminatory
b. The employer engaged in disparate treatment, provided the employee can prove
that she is able to operate the machine
c. The employer is not obligated to reasonably accommodate the employee in the
training process because operating the machine is not required for her current job
d. all of the above
e. none of the above
9. Under Title VII, in cases of discrimination, punitive damages are:
a. available for intentional or unintentional discrimination resulting from ordinary
negligence when an employer has violated an employee’s federally protected right
b. available only for intentional discrimination resulting from mere indifference
when an employer has violated an employees federally protected right
c. available only for intentional discrimination resulting from malice or reckless
indifference when an employer has violated an employees federally protected
right
d. not allowed or available
10. Regarding performance appraisals, which of the following statements is NOT true?
a. courts will review contested performance appraisals to determine whether or not
they are correct
b. negative performance appraisals, by themselves, do not prove discrimination
c. employees who conduct performance appraisals should be trained in how to
conduct them
d. a biased negative appraisal may constitute disparate treatment
e. none of the above
11. Which of the following is NOT true regarding performance criteria and standards?
a. There is no requirement that they be communicated to employees prior to the
appraisal of their performance if a job description is available
b. They must be applied consistently regarding employees, department and sections
within the organization
c. They must be job related
d. They must be specific and objective
12. A 360 degree appraisal:
a. is conducted by the employee’s superior and that superior’s superior
b. is comprehensive and appraises performance, attitude and potential in a single
evaluation
c. is conducted by other employees, at various organizational levels, as well as
customers or other stakeholders that deal with the employee being appraised
d. is an appraisal that consists of a required number of positive and negative
performance ratings (i.e. – three best and three worst attributes) in various
performance proficiencies
13. The most common performance criteria used includes all of these EXCEPT:
a. punctuality
b. quality of work
c. willingness to work two jobs
d. leadership
e. all of these are commonly used
14. Which of the following statements regarding the timing of performance appraisals is
true?
a. a negative performance appraisal given shortly before layoffs or terminations
appears to be pretext
b. a negative performance appraisal given shortly after an employee has filed a
charge against the employer appears to be retaliation
c. a positive performance appraisal given just prior to salary review may be grounds
for raising an employee’s salary
d. all of these are true
15. Regarding the language to be used in performance appraisals:
a. the language, if negative, should be as forceful as possible to convey the negative
evaluation
b. should be measured and professional, whether conveying a positive or negative
appraisal
c. should use common terms, and pleasant language, so as to avoid claims of
defamation
d. none of these
16. A high-level manager consistently received positive performance reviews from her
immediate supervisor for four years. She earned bonuses, salary increases, and was
promoted to the senior leadership team. Some thought her interpersonal skills could use
some work, but this criticism was not emphasized. After a change in management, top
managers grew more critical of her. She was passed over for promotion, the promotion
being given to a male with less experience. Responsibilities were taken away, and she
was dropped from the senior leadership team. A new (never-again used) 9-point rating
system was used, on which she earned the lowest possible score. The CEO said he
wanted her out “legally,” and asked “How do we explain this to a jury?” Managers
explained there was little support for her among them, and she did not “fit.” She sued for
sex discrimination. The court should decide:
a. for the employer, finding that the employee had failed to meet performance
requirements
b. for the employer, finding that the employee was not discriminated against
c. for the employee, finding that she had met all performance standards, while the
complaints against her were mostly subjective
d. for the employee, finding that she was entitled to the promotion she had sought
17. The “forced distribution method” of performance appraisals:
a. require that predetermined percentages of employees be placed into particular
performance categories
b. often require that employees in the lower performance categories are subject to
termination or are ineligible for bonuses and raises
c. may lead to claims of age, race or sex discrimination
d. all of these
18. As a new manager, you are delighted with your new job (and higher pay), but now it’s
time for the annual performance appraisals of the staff you supervise. Worse, you have
been directed to downsize your department by 10%. Many of your colleagues have
offered you advice as to how to proceed. Among the following, which would NOT be
good advice?
a. use a forced distribution method of performance appraisal, which will help you
achieve a 10% cut in department staff easily, and avoid legal claims
b. as you conduct the performance appraisals, speak gruffly to each employee, in
order to prepare them for possible termination
c. make clear that no matter how well they have done their jobs, it is no guarantee
that they will survive the cut; don’t allow or answer any questions
d. none of these would be good advice
e. all of these would be good advice
19. You are the crew supervisor of a group of men and women who clean offices for
commercial office buildings in downtown Manhattan. Few of them speak or read
English, and part of your job is to give them their instructions in Polish and Spanish, as
the case may be. Your Spanish is pretty good, but your Polish is rudimentary at best. The
firm you work for, Commercial Cleaning, LLC, has just switched cleaning agents to a
highly effective, but highly toxic cleaning agent for marble floors which is dangerous to
humans and to the environment, and requires complex and special handling. You’re not
even sure you could explain the instructions to the Spanish-speaking employees, let alone
the Polish employees. You’ve raised the issue with your boss, who tells you not to worry
about it. He said that even if the employees became ill by using the product, the illness
would not show up for a long time, so there’s no way to connect it with the firm. He
refuses to provide instructions translated into Spanish and Polish, or latex gloves which
are required for its handling. You have a choice. You know that some actions would put
your employer first, some would put yourself first, and some your crew. Of the following
actions, which would put your crew first?
a. Do nothing. The decision is out of your hands.
b. Try the best you can to explain to your crew, using gestures and pantomiming,
how to use the new cleaning agent, and recommend that they get gloves. Hope
that no one becomes ill.
c. Get a translation into Spanish and Polish of the complex instructions. Pay for it
yourself. You don’t want the consequences that might befall your crew on your
conscience.
d. Report the firm anonymously using the OSHA hotline. Quit and get another job.
20. Regarding the Drug-Free Workplace Act, which of the following is NOT true? The Act
requires that:
a. all employers adopt a drug-free workplace policy
b. employers with drug policies inform their employees about the dangerous
associated with drug use
c. employers with drug policies provide counseling and rehabilitation
d. employers with drug policies advise employees about the potential penalties for
drug violations
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. It is highly advisable for employers to conduct performance appraisals and to maintain
credible, written documentation of performance
b. Global performance ratings should be avoided, unless they are derived by combining
ratings on more specific criteria
c. Employers should be cautious in deciding whether to used forced distribution methods of
performance appraisal
d. Time spent in training, even outside normal work hours, will usually have to be
compensated
e. Employers that have contracts with the federal government must create and maintain drug
awareness programs for their employees
2. Professor Jonathan has applied for promotion and tenure at a local university. He is
required to compile a portfolio, evidencing his accomplishments and qualifications. This
portfolio is then evaluated by his Departmental Promotion & Tenure Committee,
consisting of tenured departmental members, who makes a recommendation to the
Department Chair. The Chair makes a recommendation to the Dean, who then makes a
recommendation to the University wide P & T Committee. The University Committee is
made up of various faculty members from throughout the university, some of whom
know Jonathan and some of whom don’t. This committee makes their recommendation to
the Provost who in turn makes a recommendation to the University President. The
process ends when the President makes a recommendation to the Board of Trustees.
Jonathan’s portfolio travels from level to level and is reviewed prior to each
recommendation. However, Jonathan is not permitted to address any of the decision
makers during their review. Assuming that you can’t change the number or order of steps
in the review process, what are some of the concerns that need to be addressed in order to
keep this system free from discrimination or other legal issue?
