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A series of multiple-choice questions and answers related to performance appraisals and discrimination cases. The questions cover topics such as the Americans with Disabilities Act (ADA), forced distribution method, and performance criteria and standards. The answers provide insights into the legal requirements and best practices for conducting performance appraisals and avoiding discrimination. likely intended for students studying employment law or human resources management.
Typology: Exams
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- Question 1 Which of the following is true regarding performance appraisals? 2 out of 2 points Sele cted Ans wer: b. performance appraisals are key pieces of evidence in many discrimination cases Answers: a. most employers are legally required to conduct performance appraisals b. performance appraisals are key pieces of evidence in many discrimination cases c. an inaccurate performance appraisal, standing alone, always creates liability for the employer d. employers may appraise some employees randomly and not others Questio n 2 Und er the AD A, perf orm ance appr aisal s for
disabled persons: 0 out of 2 points Sele cted Ans wer: d. should assess job performance both with and without any reasonable accommodations Answers: a. cannot hold disabled persons to the same standards of performance as non- disabled persons b . are
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? Selected (^) d.
Answer: (^) 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 Answers: 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.
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 case should be dismissed because the statute of limitations has passed, and the case was filed too late
- Question 5
Performance appraisals: 2 out of 2 points Sele cted Ans wer: a. should cite specific instances of good or bad performance Answers: (^) 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 these e. none of these
- Question 6 OSHA’s
The forced distribution method regarding performance appraisals consists of: 2 out of 2 points Sele cted Ans wer: b. requiring that predetermined percentages of employees be placed into particular performance categories Answers: a. evaluating protected classes within departments separately so that consistency
within these groups can be maintained b. requiring that predetermined percentages of employees be placed into particular performance categories c. setting a schedule mandating when particular departments or divisions would be evaluated over an extended period of time 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
- Question 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: 0 out of 2 points Sele cted Ans wer:
Title VII, in cases of discrimination, punitive damages are: 0 out of 2 points Sele cted Ans wer: d. available only for intentional discrimination resulting from mere indifference when an employer has violated an employees federally protected right Answers: (^) a. available only for intentional discrimination resulting from malice or reckless indifference when an employer has violated an employees federally protected right
b. available for intentional or unintentional discrimination resulting from ordinary negligence when an employer has violated an employee’s federally protected right c. not allowed or available d. available only for intentional discrimination resulting from mere indifference when an employer has violated an employees federally protected right
- Question 10 Regarding performance appraisals, which of the following statements is NOT true? 2 out of 2 points Sele cted Ans wer: a. courts will review contested performance appraisals to determine whether or not they are correct Answers: (^) a. courts will review contested performance appraisals to determine whether or not they are correct
b. There is no requirement that they be communicated to employees prior to the appraisal of their performance if a job description is available c. They must be specific and objective d.
They must be job related
- Question 12 A 360 degree appraisal: 2 out of 2 points Sele cted Ans wer: c. is conducted by other employees, at various organizational levels, as well as customers or other stakeholders that deal with the employee being appraised Answers: a. 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 b. is conducted by the employee’s superior and that superior’s superior c. is conducted by other employees, at various orga niza tion al level s, as well as cust ome rs or
ness to work two jobs b. all of these are commonly used c. quality of work d. leadership e. punctuality
- Question 14 Which of the following statements regarding the timing of performance appraisals is true? 2 out of 2 points Sele cted Ans wer: c. all of these are true Answers: 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. all of these are true d. a positive performance appraisal given just prior to salary review may be grounds for raising an employee’s salary
- Question 15 Regarding the language to be used in performance appraisals: 2 out of 2 points Sele cted Ans wer: b. should be measured and professional, whether conveying a positive or negative appraisal Answers: a. the language, if negative, should be as forceful as possible to convey the negative evaluation