Explanation: The Uniform Guidelines on Employee Selection Procedures declare that employers must use the selection tool that has the least adverse impact on protected classes. Of course, this provision is only applicable when the employer has access to more than one selection tool. When there is no other option, employers may use selection tools that adversely impact protected classes. According to the UGESP, an adverse impact exists when the selection rate for a protected class is 4/5 or less of the normal selection rate.

Explanation: While polygraph testing might have the goal of "justice" in mind, it actually falls under the Department of Labor. The Federal Trade Commission governs fair credit reviews, while the USCIS (or the United States Citizenship and Immigration Services) governs immigration laws. For employers, the Department of Justice is involved in privacy laws that apply to employees.

Explanation: Bates v. United Parcel Service (2006) is the most relevant case to Phil's situation. The ruling in this case established that the company bears the burden of proving that a standard is necessary, even if the candidate is otherwise unqualified. Phil could cite this case to force the employer to justify its standard.

Explanation: As indicated in the answer for question 160, a blockingcharge bar occurs when an unfair labor practice charge remains pending. Since this is the case in the scenario provided, the blockingcharge bar will apply. A priorpetition bar results when the union withdraws an election request petition and then resubmits it. A certificationyear bar results when the NLRB has recently recognized and certified a representative for bargaining on behalf of the union. A voluntaryrecognition bar occurs when the employer voluntarily recognizes the union as the primary bargaining unit for employees.

Explanation: The fourth leadership style as presented in the HerseyBlanchard theory is Participating. Directing and Guiding fall under the leadership style Telling; Motivating falls under the leadership style Selling.