Chapter 4
RECRUITMENT, APPLICATIONS, AND INTERVIEWS
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
1. In NAACP v. North Hudson Regional Fire & Rescue, the NAACP sued the North Hudson
fire department for disparate impact discrimination because the fire department required
that potential firefighters live in North Hudson. In North Hudson, only 3% of the
population was African-American, while in the Tri-county area, 37.4% of protective
services workers were African-American. North Hudson claimed that residency was a
business necessity. The court ruled:
a. for the NAACP, because there were less discriminatory means of achieving the
fire department’s goals
b. for the NAACP, because the fire department intentionally discriminated based on
race
c. for the North Hudson Fire Department, because it was reasonable to require
firefighters to live in the city so that they were familiar with streets and buildings
d. for the North Hudson Fire Department, because the NAACP had not proved a
prima facie case of discrimination
2. Which of the following is a difference between employing foreign nationals with work
visas for work in the U.S. and employing U.S. citizens?
a. the eligibility of foreign nationals to work in the U.S. must be documented on an
I-9 form, while this is not required for citizens
b. the duration of employment is limited for foreign nationals, but not for citizens
c. foreign nationals can be paid lower wages and offered fewer benefits than citizens
d. all of the above
e. none of the above
3. For purposes of determining discrimination in recruitment, the “relevant labor market” is
defined as:
a. the protected class composition of the employer’s applicant pool
b. the population as a whole
c. the protected class composition of people qualified for the job, and living
geographically close enough to be likely candidates
d. none of the above
4. Which of the following is true regarding want ads and job announcements?
a. employers are legally required to post written job announcements and ads
b. the wording of job announcements and ads must be neutral
c. job announcements and ads must not be placed in publications that are narrowly
targeted toward particular protected class groups
d. all of the above
e. none of the above
5. Nepotism and word of mouth hiring:
a. are specifically prohibited by Title VII because of their potential to produce
discriminatory effects
b. are not optimal recruiting procedures, but they raise no significant legal issues
c. tend to produce discriminatory effects, depending on how racially homogeneous
an employer’s existing workforce is
d. have been subjected to numerous legal challenges, but have been consistently
upheld under Title VII
e. none of the above
6. Determining whether discrimination has occurred regarding recruitment requires an
analysis of:
a. the relevant labor market
b. the overall labor force
c. the national labor force
d. the international labor market
7. Which of the following would not create potential liability for the employer if asked
during an interview?
a. Have you ever filed a workers’ compensation claim for a work-related injury or
illness?
b. Do you believe in God?
c. How often do you go out on dates?
d. Why do you want to work for this company?
e. Your accent is beautiful, where are you from?
8. Your new boss has asked you to advertise for a job opening at the firm, but said he did
not want to hire any “foreigners,” by which he means, anyone who is not 100% a
Caucasian, and a male. He also insists that you fill the position within one week. You
know, from personal experience, that when you advertise this job for only a week, only
white male applicants will apply. Given your legal and ethical obligations in this situation
(and wanting to keep your job), the best course of action for you to take would be:
a. place the ad, and hire a white male for the position within one week
b. tell your boss that the law requires that you place the ad for two weeks; do that,
then hire the best of the applicants who apply
c. place the ad, but also review your saved resumes for this position from previous
applicants, knowing that they are a diverse group; start calling them in for
interviews immediately, and hopefully, hire someone within a week
d. quit and go find another job
9. Which of the following inclusions in a want ad would be least likely to be considered
discriminatory:
a. young persons wanted
b. recent college graduates wanted
c. servers/waitstaff wanted
d. recent high school graduates wanted
e. all of the above would likely be considered discriminatory
10. In Harrison v. Benchmark Electronics, a temporary employee was asked by his
supervisor to apply for the job as a permanent worker. He did so, and took a pre-
employment drug test, which was positive. The Medical Review Officer, upon learning
that the applicant had epilepsy, and his drugs were legally prescribed, cleared him to be
hired, but his supervisor, who sat in on the Medical Review meeting, fired him. The court
ruled that:
a. employers are permitted to make pre-employment medical inquiries prior to a
conditional offer of employment
b. non-disabled applicants are not protected from pre-employment inquiries under
the ADA
c. the firm had a legal right to ask questions about the drug use, but not to inquire
about disability pre-employment
d. because the applicant had tested positive for drugs, the employer could lawfully
proceed to ask questions regarding disability prior to making a conditional offer
of employment
11. Of these possible means of recruitment, which has the greatest potential to be
discriminatory?
a. use of an employment agency
b. nepotism or “word of mouth”
c. want ads
d. none of these
12. It is a violation of anti-discrimination laws to place a want ad indicating a preference
based on:
a. race
b. religion
c. sex
d. national origin
e. all of these
f. none of these
13. Sex-linked job titles:
a. are always neutral
b. are never neutral
c. may be neutral, depending on the circumstances
d. none of these
14. Which of the following practices would be discriminatory?
a. placing an ad for a waitress
b. placing an ad for a waiter
c. placing an ad asking for “a recent college grad”
d. all of these
e. only a and b
15. Which of the following kinds of advertising is legally prohibited?
a. advertising a job opening in a foreign language newspaper
b. advertising a job opening inviting women and minorities to apply
c. advertising a job opening in a church bulletin
d. all of these
e. none of these
16. Which of the following statements is NOT true?
a. employers should advertise written job announcements to the public
b. anti-discrimination laws do not apply to employment agencies
c. an employer should preserve evidence, especially if it suspects a claim will be
filed against it
d. word of mouth advertising is potentially discriminatory
17. Which of the following practices would be discriminatory?
a. using different kinds of application forms for different people applying for the
same position
b. if an applicant seems an unlikely candidate, discouraging him from applying for
the job
c. accepting applications for a position for only one week
d. all of these
e. a and b only
18. In order to prevent discrimination against applicants of protected classes, your colleague
decides to note the protected class characteristic of the applicants on their applications.
What would be your advice to her?
a. It’s a good idea. Noting the protected class characteristic of the applicant on the
application which make sure that the firm takes extra care not to discriminate
against these applicants.
b. It’s NOT a good idea. Noting the protected class characteristic of the applicant on
the application could be construed as discriminatory.
c. As long as you do it in pencil, then erase it after you’ve made your hiring
decision, you’ll be okay.
d. None of these
19. Which of the following is true regarding fraud claims?
a. they can be completely avoided by not saying anything
b. they differ from breach of contract claims primarily in the degree of harm
suffered by the plaintiff
c. the false statement was made intentionally or with reckless disregard for the truth
d. if injury occurs, it doesn’t matter whether the false statement was made
intentionally or unintentionally
20. Which of the following interview topics would be considered inquiries regarding an
applicant’s medical condition?
a. previous injury
b. previous illness
c. current injury
d. previous workers’ compensation claims
e. all of these would be inquiries regarding a medical condition
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. Use multiple recruiting mechanisms, rather than rely solely on one way of getting the
word out about employment opportunities.
b. If applications are being accepted, then no individual wishing to apply should be
discouraged from submitting an application.
c. For applicants that are not hired, application forms and other documents should be
retained for at least one year from when the decision not to hire was made.
d. Whether on application forms, during interviews, or otherwise, employers should refrain
from asking, directly or indirectly, about the protected class characteristics of job
candidates.
e. Be careful not to present false or misleading information that a job candidate would
reasonably rely on in accepting a job.
2. You have been hired by the owners of Brew & Beef, a local family owned restaurant.
They would like to open a second restaurant (Brew & Beef II) across town and have
asked your advice regarding the recruitment of employees. One of the owners and her
sister will be managing the new site and they are transferring part of their chef staff to the
new facility so they need your advice regarding the hiring of wait staff, bus staff,
custodial help and kitchen help. Recent discrimination law suits have been in the news
and they want things to go smoothly and legally. What advice would you give them?
