TRUE/FALSE Questions
1. Employers are advised to let applicants know in advance that they reserve the right to not hire, terminate, or discipline prospective employee for providing information during the selection process.
2. Failure to conduct a reference check opens an organization to the possibility of a negligent hiring suit.
3. The laws in most states provide employers with little protection if they provide any information in a reference check that might damage an applicant's chances of getting a job.
4. Although arrest information may be gathered in the process of doing a background check, it cannot be used in staffing decisions.
5. It is illegal to use pre-employment inquiry information that has a disparate impact on the basis of a protected characteristic, unless such disparate impact can be shown to be job-related and consistent with business necessity.
6. Bona fide occupational qualifications are not of relevance to the initial assessment phase.
7. Bona fide occupational qualification claims made on the basis of customer preferences are typically upheld by the courts.
8. Adverse impact refers to the possibility that a disproportionate number of protect class members may be rejected using a given predictor.
9. The Americans with Disabilities Act states that employers may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional job offer to a person.
10. Title VII of the Civil Rights Act explicitly permits discrimination on the basis of sex, religion, or national origin if it can be shown to be a bona fide occupational qualification.
11. The burden of proof is on employers to defend BFOQ claims.