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Appendix B-101
| Appendix B – Chapter Exercises
Chapter Exercise 6.2
Hiring a Plant Manager at Dynamo Industries
James A. Breaugh
Objective. The purpose of Exercise 6.2 is to give the student a feel for a typical situation involved in a
selection decision. Considerable information may be available on each candidate, some of which is
valid and some of which is not. The problem of missing data will need attention and improved
methods should be considered.
Description. This is a challenging exercise that requires at least two hours of out-of-class preparation
for the Individual Analysis and the Group Analysis should provoke spirited discussion as students
attempt to reach consensus. While it is recommended that students be paired off as observers and
discussants, the instructor may use the peer-assessment approach as an alternative and forgo the
pairing process. Because the "Written Communication" assessment is critical in this exercise, allow at
least 15 minutes for this assessment prior to the start of group discussion. Please note that the first
group of "discussants" should attempt to reach consensus on the rank ordering of the candidates and
the rationale for the choices. After 15 minutes, the "observer" groups become the "discussants"
charged with reaching consensus on a priority list of three changes to be made in the hiring practices
at Dynamo.
There is no one best answer for the exercise. However, there are a number of criteria to be used in
the assessment, which can be shared with the students prior to assessment or discussion. For
example, did the students discuss everything? Were the pros and cons of the various choices
discussed? Was the response: Scientifically grounded? Legally defensible? Cogently argued?
Professionally done? With regard to the written report, certainly spelling, grammar, and the quality of
the executive summary should be heavily weighted in the assessment of "Written Communication."
Table 6.2.1 presents a summary of issues that should have been considered in arriving at the
recommendations. Table 6.2.2 presents some recommendations for further information and/or
changes for future hiring at Dynamo.
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Table 6.2.1
Issues to Consider at Dynamo
PHILOSOPHY IN APPROACHING THIS CASE: There is no one best answer for this case. Rather, the key
is whether a student discusses all of the various factors that should be considered (e.g., selection
device validity and utility). Fundamentally, students should be evaluated in terms of whether their
analyses were scientifically grounded, legally defensible, and cogently argued.
EXPECTED VALIDITY OF THE SELECTION DEVICES:
1. Interviews: Given that the interviews were semi-structured and that the interviewers were
familiar with the plant manager job and were trained how to interview, considerable weight should
be given to the interview ratings in making a selection decision. Conceivably, the ratings given by the
VP of Production should be weighted more heavily than those of the other interviewers. Because the
3. Performance and Promotability Ratings: Although there is less evidence supporting the
validity of these ratings for making selection decisions, nevertheless, a supervisor's judgment of
performance and promotability should not be ignored, especially given these ratings. Students should
be aware that this is a lateral transfer for Joyce. Thus, her promotability rating is irrelevant but her
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6. Work Experience: In evaluating a job candidate's work experience, students should consider
whether (1) the person has been a plant manager; (2) whether he or she has experience with
unionized employees; and (3) there are differences between internal and external candidates.
7. Other Devices/Consideration:
d. Lateral Transfers: Given the needs of today's dual-career couples, a good case can be made
for allowing Joyce to transfer. However, students should also address the downside of
allowing such transfers. A critical question might be the availability of a replacement in Little
Rock.
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
RANKING THE CANDIDATES : Although there is no one best ranking, certain people can be easily
eliminated. For example, based upon work sample scores, interview scores, performance and
Table 6.2.2
Recommended Changes and Information Needed
for Future Hiring at Dynamo
1. Develop a policy on internal and external hiring/transfers --- use replacement charts.
2. Conduct a job analysis to support use of certain procedures and weight certain information in the
context of Dynamo's competitive strategy; need a more carefully developed job description.
5. Adopt more job-related approach to references and judgments of promotability. (Little
information was given regarding references from outside sources for any of the candidates.)
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
6. Critique the interview for job relatedness/validity. What information did the oral interviews
actually yield? There was also little information given on the behavior description interviews held
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| Appendix B – Chapter Exercises
Chapter Exercise 6.3
What Questions Can You Ask in an Interview?
Adapted from an exercise written by Robert W. Eder and M. Ronald Buckley Case law has established
the potential legal liability inherent in the employment interview. Given the subjective nature of the
process and the discretion interviewers typically exercise in employment interviews, there is great
opportunity for biases that could be interpreted as violations of any number of state, federal, or local
laws on equal opportunity. Take note that the Supreme Court ruled in Watson v. Fort Worth Bank &
Trust, 487 U.S. 977 (1988), that "disparate impact" theory may be used in Civil Rights Act (CRA) cases
involving "subjective employment practices" such as interviews and performance appraisals. The
Supreme Court ruling in Smith v. City of Jackson (03-1160) 544 U.S. 228 (2005), also affirmed the use
of "impact" theory for age discrimination cases. Research also has established that there are optimal
approaches to conducting the employment interview. Employment interviews can have high validity if
certain guidelines are followed.
This exercise explores the potential legal implications of a number of questions often posed by
interviewers. In addition, interview questions will be examined to determine their potential for
contributing to a valid interview.
Learning Objectives
1. Identify those interview questions that are of questionable legality.
2. Know the major laws that may affect the interview process.
3. Know the recommended approaches to conducting interviews.
In this exercise, students consider a set of interview questions and determine whether they regard
questions as lawful or potentially unlawful or whether they believe questions are good interview
questions in terms of potential validity. Students will receive a score and feedback report after
answering all questions. The feedback report is as follows:
Question #1: Would you mind if I called you by your first name?
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Question #2: Are you a U.S. citizen?
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees
hired are legally authorized to work in the U.S. However, an employer who requests employment
verification only for individuals of a particular national origin, or individuals who appear to be or
sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants
and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens
in hiring or employment opportunities also may violate IRCA.
The IRCA requires employers to verify the identity and employment eligibility of all employees hired
after November 6, 1986, by completing the Employment Eligibility Verification (I-9) Form, and
reviewing documents showing the employee's identity and employment authorization. The law
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
prohibits employers from rejecting valid documents or insisting on additional documents beyond
what is legally required for employment eligibility verification (or the Department of Homeland
Security (DHS) Form I-9), based on an employee's citizenship status or national origin. For example,
e.g., an employer cannot require only individuals the employer perceives as "foreign" to verify their
employment eligibility or produce specific documents, such as Permanent Resident ("green") cards or
Employment Authorization Documents. It is the employee's choice which of the permitted documents
to show for employment eligibility verification. As long as the document appears reasonably genuine
on its face, and relates to the employee, it should be accepted.
Because of potential claims of illegal discrimination, employment eligibility verification should be
conducted after an offer to hire has been made. Applicants may be informed of these requirements in
the pre-employment setting by adding the following statement on the employment application:
"In compliance with federal law, all persons hired will be required to verify identity and eligibility to
work in the United States and to complete the required employment eligibility verification form upon
hire."
Question #3: Are you married or do you live with someone?
questions involving marital status, number and/or ages of children or dependents, or names of
spouses or children of the applicant. Such inquiries may be asked after an employment offer has been
made and accepted if needed for insurance or other legitimate business purposes.
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
The following pre-employment inquiries may be regarded as evidence of intent to discriminate when
asked in the pre-employment context:
- Whether applicant is pregnant.
- Marital status of applicant or whether applicant plans to marry.
- Number and age of children or future child bearing plans.
- Child care arrangements.
- Employment status of spouse.
- Name of spouse.
Question #4: Have you ever been arrested?
An arrest alone does not necessarily mean that an applicant has committed a crime. Thus, the
employer should not assume that the applicant committed the offense but should allow him or her a
meaningful opportunity to explain the circumstances of the arrest(s) and should make a reasonable
effort to determine whether the explanation is credible. Even if the employer believes that the
applicant did engage in the conduct for which he was arrested that information should bar
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
applicant with regard to what information they are required to report.
Question #5: What professional societies do you belong to?
Question #6: What kinds of people do you enjoy working with the most?
Question #7: Are you planning to start a family soon?
Question #8: How long do you expect your husband will remain here before changing jobs?
Question #9: How old are you? So, when did you graduate from Tech?
In general, it is unlawful to establish age preferences, limitations, or specifications for specific jobs.
There are a few exceptions to that general rule. For example, state and local governments are
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
permissible purpose. Where age is not a legitimate job requirement but a person's date of birth is
needed for a legitimate business related reason, such as providing health or life insurance, the
necessary information may be obtained after hiring.
Question #10: We're looking for someone who can relate effectively with college students; you're 52?
Question #11: Have you ever been convicted of a crime (beyond traffic violations)?
Question #12: Will your family or personal obligations interfere with your ability to keep the hours of
this job?
Question #13: How does your military experience relate to this job?
Question #14: What are your religious beliefs?
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Question #15: Would you mind if I checked your credit rating score?
Correct answer: Employers sometimes ask about an applicant's current or past assets, liabilities, or
credit rating, including bankruptcy or wage garnishment, refusal or cancellation of bonding, car
ownership, rental or ownership of a house, length of residence at an address, charge accounts,
Question #16: Would you be willing to work on Yom Kippur?
Correct answer: Specifies a particular religious holiday -- Jewish. Rather, one should ask if the
applicant can work on the days scheduled. If not, reasonable accommodation is expected for religious
observances. If Saturday or Sunday is a required work day, you may ask candidates if they will have a
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
This applies not only to schedule changes or leave for religious observances, but also to such things as
dress or grooming practices that an employee has for religious reasons. These might include, for
example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a
Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh
uncut hair and beard). It also includes an employee's observance of a religious prohibition against
wearing certain garments (such as pants or miniskirts).
When an employee or applicant needs a dress or grooming accommodation for religious reasons, s/he
should notify the employer that such an accommodation for religious reasons is needed. If the
employer reasonably needs more information, the employer and the employee should engage in an
interactive process to discuss the request. If it would not pose an undue hardship, the employer must
grant the accommodation.
Question #17: How long have you lived around here?
resides is not illegal.
Question #18: Are you a smoker or a nonsmoker?
Question #19: Are you a homosexual?
Correct answer: Unlawful in some states, cities and counties.
While discrimination based on sexual orientation is not illegal at the federal level (as of 2008), many
states and cities have banned discrimination based on sexual orientation. Federal government
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
private and public jobs: California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts,
Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont,
and Wisconsin. The District of Columbia also prohibits sexual orientation discrimination in both the
public and private sectors. In addition, Oregon courts have found that sexual orientation
discrimination is prohibited in public and private employment in Oregon.
Seven states have laws prohibiting sexual orientation discrimination in public workplaces only:
Colorado, Delaware, Indiana, Michigan, Montana, Pennsylvania, and Washington.
To learn more about your state and local laws, contact your state department of labor or your state
fair employment agency. (See http://www.eeoc.gov/offices.html. On the left side of each field office
page, near the bottom is a link to the state and local agencies.)
Question #20: What plans do you have for taking care of the children if you get this job?
Question #21: Do you consider yourself handicapped in any way?
Correct answer: Pursuant to the Americans with Disabilities Act (ADA), questions regarding disabilities
cannot be asked until after a job offer has been conveyed and only then in the context of the
"essential functions" of the job.
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
questions about the nature or severity of the disability. The need for accommodation cannot be used
as a reason for not hiring the applicant unless the employer can demonstrate that providing the
accommodation would impose "undue hardship" upon the employer. See
http://www.eeoc.gov/types/ada.html.
Question #22: Is there any history of chronic illness or disease in your family?
Correct answer: Questions regarding family health problems are also illegal under the ADA. The ADA
limits the kinds of medical information that an employer can seek from a job applicant. An employer
may not require a job applicant to take a medical examination or ask about a person's disability
Question #23: One of your references mentioned that you have a history of depression. Is this still a
problem?
answer to #22.
Question #24: Would you mind completing this medical questionnaire?
Correct answer: An employer may not require a job applicant to take a medical examination or ask
about a person's disability before making a job offer A legal question would be: Are you able to
perform the essential functions of this job with or without reasonable accommodations? Before
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| Appendix B – Chapter Exercises
Question #25: Do you think marijuana should be legalized?
Question #26: Do you believe that corporate management has too much political power?
Question #27: Do you support gay marriage?
Question #28: Have you ever belonged to a labor union?
Question #29: Do you have any family members (parents, siblings) who belong (or have belonged) to
labor unions?
Question #30: Are you willing to work without your hijab (head scarf)? It might offend our customers.
Question #31: What church do you attend in town?
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| Appendix B – Chapter Exercises
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This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.
Correct answer: . Possible Title VII violation and state human rights violation. See the answer to #14.
Question #32: Are you available for overtime?
Question #33: Are you willing to travel?
Question #34: What education do you have?
Question #35: Have you ever filed a workers' compensation claim?
Question #36: Determine whether you think this question is good or to ask when interviewing a
candidate for a supervisory or managerial position: How would you go about motivating people?
Question #37: Determine whether you think this question is good or to ask when interviewing a
candidate for a supervisory or managerial position: Do you consider yourself organized?
Question #38: Determine whether you think this question is good or to ask when interviewing a
candidate for a supervisory or managerial position: How do you handle conflict?
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| Appendix B – Chapter Exercises
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Correct answer: . How about a behavioral question such as: "Describe a situation where your
colleagues disagreed with your ideas. What did you do?"
Question #39: Determine whether you think this question is good or to ask when interviewing a
candidate for a supervisory or managerial position: Tell me about a recent situation in which you had
to deal with a very upset customer or co-worker.
Question #40: Determine whether you think this question is good or to ask when interviewing a
candidate for a supervisory or managerial position: Tell me about a time you were able to successfully
deal with another person even when that individual may not have personally liked you (or vice versa).
Question #41: Have you smoked marijuana in the last month?
Question #42: The parent of a child with an intellectual disability applies for a position as an attorney
at a law firm and mentions during a discussion with one of her interviewers that she has a child with
an intellectual disability. She is denied employment because the employer believes the child's
disability will cause her to be absent from work and will affect her productivity. This decision is lawful
because the applicant is not protected by the ADA.
Question #43: An employer requires an applicant from Yemen to undergo a background check before
making a job offer. The employer had no such requirement for other applicants. The background
check was:
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| Appendix B – Chapter Exercises
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the same pre-employment investigations, as with other employment practices, the employer may not
subject only particular religious or ethnic groups, such as Muslims or Arabs, to heightened security
checks.
Some employers, such as defense contractors, may require a security clearance for certain jobs
pursuant to a federal statute or Executive Order. Clearance determinations must generally be
processed and made without regard to race, religion, or national origin. However, security clearance
determinations for positions subject to national security requirements under a federal statute or an
Executive Order are not generally subject to review under the equal employment opportunity
statutes.
Exercise 6.3 Assessment Questions
1. How would you design a training program so that future interviewers would understand
what can and cannot be asked in an employment interview?
2. If your organizational research had clearly determined (with data) that women with children
under the age of five are much more likely to be absent from work than others, could the
company then use this information to make decisions?
3. How would you design a structured situational or behavioral interview for an overseas
assignment? Based on the evidence, is the situational or the behavioral more valid?
Much like the development of a work sample, the structured behavioral interview can be designed to
assist in making overseas assignments by using expatriates who can develop situations that are likely
to occur on such assignments. Employees, ideally those who have had the same type of overseas
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| Appendix B – Chapter Exercises
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assignment, should not only participate in the development of the questions, but also assist in writing
suggested answers and assisting in the development of a scoring key. For this instance the situational
interview may be more valid than the behavioral. While the behavioral interview asks the candidates
to describe situations they have actually been in, the situational interview asks them how they would
deal with new, job-related conditions. It is more of a critical thinking examination than a re-telling of
past behavior. Research on behavioral interviewing versus situational shows superior validity but not
with regard to overseas assignments. Since such assignments often deal with new cultures and
different priorities, the situational interview could be a more valid tool to assess how a candidate
would fit into the position and deal with the new environment.
4. Discuss the ethical and legal implications of asking applicants about the health history of
family members. Setting aside the possible legal issues, should a company take family
health into consideration when evaluating an applicant?
Such inquiries are now clearly illegal under the 2008 Americans with Disabilities Amendments Act and
were illegal under several state statutes before the ADA was passed. Few students will take a pure
5. Relative to alternative methods of selection, what role should an interview play in the
selection of retail assistant managers? If you use more than one method, how would you go
about weighing the information?
Interviews should be structured, behavioral and standardized to maximize validity and reliability. In
6. A colleague suggests that you do not have to develop a structured, behavioral interview as
long as you get at least three colleagues to do independent, unstructured interviews and
then evaluate candidates. Do you agree with the colleague?
