Court Ruling OG-10 Q#109 Doubt

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Court Ruling OG-10 Q#109 Doubt

by goelmohit2002 » Mon Mar 09, 2009 1:10 pm
Hi All,

In the below question(OG-10, Q 109), the answer is "B". I am able to narrow down to A and B but not able to understand what is wrong with A. Can somebody please help me understand why "A" is wrong ?

Recently a court ruled that current law allows companies to reject a job applicant if working in the job would entail a 90 percent chance that the applicant would suffer a heart attack. The presiding judge justified the ruling, saying that it protected both employees and employers.

This use of his court ruling as part of the law could not be effective in regulating employment practices if which of the following were true?

(A) The best interests of employers often conflict with the interests of employees.
(B) No legally accepted methods exist for calculating the risk of a job applicant's having a heart attack as a result of being employed in any particular occupation.
(C) Some jobs might involve health risks other than the risk of heart attack.
(D) Employees who have a 90 percent chance of suffering a heart attack may be unaware that their risk is so great.
(E) The number of people applying for jobs at a company might decline if the company, by screening applicants for risk of heart attack, seemed to suggest that the job entailed high risk of heart attack.

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by tanviet » Mon Mar 09, 2009 9:06 pm
I like very much to discuss OG questions because they are helpfull to study. other questions are bad possibly.

we need to find an answer which if true will weaken conclusion. if B is correct, it weakens conclusion that the rull protects.

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by goelmohit2002 » Mon Mar 09, 2009 9:23 pm
Hi duongthang,

Thanks. But what is wrong with "A"...?

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Re: Court Ruling OG-10 Q#109 Doubt

by dgr8onerip » Mon Mar 09, 2009 10:19 pm
goelmohit2002 wrote:Hi All,

In the below question(OG-10, Q 109), the answer is "B". I am able to narrow down to A and B but not able to understand what is wrong with A. Can somebody please help me understand why "A" is wrong ?

Recently a court ruled that current law allows companies to reject a job applicant if working in the job would entail a 90 percent chance that the applicant would suffer a heart attack. The presiding judge justified the ruling, saying that it protected both employees and employers.

This use of his court ruling as part of the law could not be effective in regulating employment practices if which of the following were true?

(A) The best interests of employers often conflict with the interests of employees.
(B) No legally accepted methods exist for calculating the risk of a job applicant's having a heart attack as a result of being employed in any particular occupation.
(C) Some jobs might involve health risks other than the risk of heart attack.
(D) Employees who have a 90 percent chance of suffering a heart attack may be unaware that their risk is so great.
(E) The number of people applying for jobs at a company might decline if the company, by screening applicants for risk of heart attack, seemed to suggest that the job entailed high risk of heart attack.

Thanks
Mohit
The point of the stem is if the person has 90% chance of a heart attack because of working in the job then he or she can be rejected.
now the question is- when will this be ineffective.
What is there is no standard method accepted by court?
hence B
A is a very general observation, it has nothing to do with the ruling or its intentions.
i hope its clear
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by bmlaud » Tue Mar 10, 2009 7:06 am
(A) The best interests of employers often conflict with the interests of employees.

Option A would have been correct if the word 'often' was replaced by'always'.

I hope you get the point.
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by goelmohit2002 » Tue Mar 10, 2009 8:00 am
"A" is quite general but IMO conclusion too is pretty general. "it protected both employees and employers. "

The following is what OG says for kicking out "A". Can somebody please help me in decrypting the same a bit:

"Choice A suggests that the judge's justification for the ruling itself would be unavailable in many situations but not that the ruling itself would be ineffective."

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by goelmohit2002 » Fri Mar 13, 2009 8:02 am
Experts please help.

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Re: Court Ruling OG-10 Q#109 Doubt

by Ian Stewart » Fri Mar 13, 2009 10:00 am
goelmohit2002 wrote: Recently a court ruled that current law allows companies to reject a job applicant if working in the job would entail a 90 percent chance that the applicant would suffer a heart attack. The presiding judge justified the ruling, saying that it protected both employees and employers.

This use of his court ruling as part of the law could not be effective in regulating employment practices if which of the following were true?

(A) The best interests of employers often conflict with the interests of employees.
(B) No legally accepted methods exist for calculating the risk of a job applicant's having a heart attack as a result of being employed in any particular occupation.
It's important to recognize the scope of the question. The question is asking you to identify a reason why the ruling might not be effective in practice. That employers and employees have different interests has nothing to do with whether a law can be applied effectively, so A is not relevant here. If, however, it is impossible to tell, to the satisfaction of a court, whether a person has a 90% risk of heart attack, then there would never be a situation where a law could be applied that was based on a 90% threshold.
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Re: Court Ruling OG-10 Q#109 Doubt

by goelmohit2002 » Tue Mar 17, 2009 12:21 am
Ian Stewart wrote:
goelmohit2002 wrote: Recently a court ruled that current law allows companies to reject a job applicant if working in the job would entail a 90 percent chance that the applicant would suffer a heart attack. The presiding judge justified the ruling, saying that it protected both employees and employers.

This use of his court ruling as part of the law could not be effective in regulating employment practices if which of the following were true?

(A) The best interests of employers often conflict with the interests of employees.
(B) No legally accepted methods exist for calculating the risk of a job applicant's having a heart attack as a result of being employed in any particular occupation.
It's important to recognize the scope of the question. The question is asking you to identify a reason why the ruling might not be effective in practice. That employers and employees have different interests has nothing to do with whether a law can be applied effectively, so A is not relevant here. If, however, it is impossible to tell, to the satisfaction of a court, whether a person has a 90% risk of heart attack, then there would never be a situation where a law could be applied that was based on a 90% threshold.
Hi Ian,

Yes I agree for "B". But what is wrong in this school of thought for "A".

1. Let's say Bill is an employer
2. Bill needs to fill a vacancy that may result in almost surely heart attacks.
3. But that vacancy is very critical to Bill's organization.
4. So that vacancy cannot be scrapped.
5. Since only bill knows that there are chances of heart attack...so he will not tell the same to any perspective candidates.

In the above scenario isn't law ineffective ?

Please tell what I am missing here.

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Re: Court Ruling OG-10 Q#109 Doubt

by vish150783 » Tue Mar 17, 2009 5:43 am
goelmohit2002 wrote:
Ian Stewart wrote:
goelmohit2002 wrote: Recently a court ruled that current law allows companies to reject a job applicant if working in the job would entail a 90 percent chance that the applicant would suffer a heart attack. The presiding judge justified the ruling, saying that it protected both employees and employers.

This use of his court ruling as part of the law could not be effective in regulating employment practices if which of the following were true?

(A) The best interests of employers often conflict with the interests of employees.
(B) No legally accepted methods exist for calculating the risk of a job applicant's having a heart attack as a result of being employed in any particular occupation.
It's important to recognize the scope of the question. The question is asking you to identify a reason why the ruling might not be effective in practice. That employers and employees have different interests has nothing to do with whether a law can be applied effectively, so A is not relevant here. If, however, it is impossible to tell, to the satisfaction of a court, whether a person has a 90% risk of heart attack, then there would never be a situation where a law could be applied that was based on a 90% threshold.
Hi Ian,

Yes I agree for "B". But what is wrong in this school of thought for "A".

1. Let's say Bill is an employer
2. Bill needs to fill a vacancy that may result in almost surely heart attacks.
3. But that vacancy is very critical to Bill's organization.
4. So that vacancy cannot be scrapped.
5. Since only bill knows that there are chances of heart attack...so he will not tell the same to any perspective candidates.

In the above scenario isn't law ineffective ?

Please tell what I am missing here.

Thanks
Mohit
What you are saying might be true, but the answer choice says OFTEN. So, what about the remaining time? It might not work.

Take Note: OFTEN IS NOT THE SAME AS ALWAYS!!

But B always works.

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by goelmohit2002 » Tue Mar 17, 2009 10:29 am
Thanks vish150783

yes....often sounds a correct reason for kicking out "B"....

But Ian is of the opinion, that "B" is irrelevant to the argument....

Can somebody please tell is "B"

a) irrelevant here.
b) or we are kicking out "B" based on "often.

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by Ian Stewart » Tue Mar 17, 2009 12:27 pm
goelmohit2002 wrote: But Ian is of the opinion, that "B" is irrelevant to the argument....
I'm of the opinion that A is irrelevant, not B - B is the correct answer.

It is not because of the word 'often' that A should be discarded, though that is another reason to exclude it. The question is asking why the ruling might not be effective - in other words, we're looking for a reason why the ruling might never be applied. It doesn't matter that workers and employers have different interests; whether that's true or not, you could still apply the law, provided you can determine whether employees meet the criteria set out in the ruling. Obviously one side might not be happy about how the law is applied, but that's not what we're asked about. We also don't need to determine whether the law will be applied to every relevant case - only whether the law might have some effect.

I don't see that the example above about employer Bill's motivations is important. First, it relies on several assumptions about just what the 'best interests' mentioned in the question might be, and brings to the question the idea that only the employer would be able to gauge the risk of heart attack - there's no reason to make such an assumption. Note also that the court ruling is designed to help employers, by offering them an additional criterion to reject a job applicant. Certainly it's reasonable to think employers would not want to be forced to hire people who will have heart attacks on the job.
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by pJackson79 » Fri Mar 20, 2009 11:30 pm
(A) The best interests of employers often conflict with the interests of employees.
A is just too subjective. At times there would be no problems here in regulating but at other times there would be issues with effectively regulating.

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by ashley.com » Sun May 15, 2016 3:05 am
It seems to me that the right answer is B

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by graem83d » Sun May 15, 2016 7:39 am
I think B is the right answer here