HR EXAM #1 - CH. 2

Jessica has been given approval to promote one of her production employees to a team lead position right away. Ashley is the most experienced employee in the group and is a good performer.​ However, Ashley is scheduled to go out on maternity leave in two weeks and will be out for six weeks under the​ company's disability policy. What should Jessica do in this​ situation? A. Promote Ashley before she begins her leave and make arrangements for another employee to cover her job duties until she returns. B. Temporarily promote another employee to the​ position, until Ashley returns to work. C. Wait until Ashley returns to work to fill the position. D. Promote Ashley now and set the effective date to be two weeks after she returns from leave. E. Wait 3 weeks and then promote another employee to the lead position while Ashley is on disability.

A. Promote Ashley before she begins her leave and make arrangements for another employee to cover her job duties until she returns.

Joe is a maintenance supervisor who believes he should only hire men in his department because women are not mechanically inclined. Which of the following barriers to diversity is Joe​ exhibiting? A. Stereotyping B. Ethnocentrism C. Bona fide occupational qualification​ (BFOQ) D. Tokenism E. Sexual harassment

A. Stereotyping

Which of the following actions initiates the Equal Employment Opportunity Commission​ (EEOC) enforcement​ process? A. A Notice of Right to Sue for job discrimination is issued. B. A job discrimination claim is filed. C. The employer is served notice about the job discrimination complaint. D. The job discrimination charge is investigated to identify reasonable cause. E. The job discrimination charge is accepted.

B. A job discrimination claim is filed.

In which case did the U.S. Supreme Court affirm reverse discrimination by stating that policies that use race as the only factor when making an employment decision are​ unlawful? A. Spurlock v. United Airlines B. Bakke v. Regents of the University of California C. Albemarle Paper Company v. Moody D. Griggs v. Duke Power Company E. Oncale v. Sundowner Offshore​ Services, Inc.

B. Bakke v. Regents of the University of California

Megan believes that employees that come from backgrounds similar to her own will have more positive traits than those from other groups. Which of the following is Megan​ demonstrating? A.Tokenism B. Ethnocentrism C. Discrimination D. Prejudice E. Stereotyping

B. Ethnocentrism

Joni often hears her mostly male coworkers telling dirty jokes and recounting stories about their sexual escapades. When her coworkers open their locker doors she sees sexually explicit posters hung inside. Joni is teased daily because her body does not look like the women in the posters. Joni frequently clocks in to work late because she avoids entering the locker room until her coworkers have left. Which of the following is Joni​ experiencing? A. Gender discrimination B. Hostile environment harassment C. Undue hardship D. Adverse impact E. Ethnocentrism

B. Hostile environment harassment

Which is a TRUE statement about affirmative​ action? A. It requires employers to hire an equal number of employees from each protected class. B. It requires companies to take actions to eliminate the current effects of past discrimination. C. It is the same thing as equal employment opportunity. D. It is mandatory for all companies that have more than 15 employees. E. It holds employers liable if they do not exercise reasonable care to prevent sexual harassment.

B. It requires companies to take actions to eliminate the current effects of past discrimination.

Macy's Boutique has an opening for a dressing room attendant in its​ women's dress boutique. Which of the following would MOST likely be a legally acceptable reason for​ Macy's Boutique to turn down an​ applicant? A. The applicant is under 5 feet tall. B. The applicant is male. C. The applicant is overweight. D. The applicant has body piercings. E. The applicant does not have a college degree.

B. The applicant is male.

​Taylor's supervisor repeatedly makes lewd comments and asks her to spend time with him after work hours. Taylor always politely​ refuses, telling her supervisor that she prefers to keep their relationship professional.​ Recently, one of​ Taylor's coworkers​ retired, and Taylor applied to the posting for the open position. During the​ interview, Taylor's supervisor mentioned that a​ "date" with him might seal her being selected for the promotion. This is an example of​ _______. A. reasonable accommodation B. quid pro quo harassment C. Mixed motive D. undue hardship E. a hostile environment

B. quid pro quo harassment

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on​ _______. A. race, age,​ sex, national​ origin, or religion B. race, color,​ religion, sex, or national origin C. color, religion,​ age, sex, or national origin D. race, religion,​ age, color, or national origin E. race, age, political​ party, sex, or national origin

B. race, color,​ religion, sex, or national origin

If an employee proves an employment practice that seems neutral actually creates an adverse​ impact, then the employer must​ ________ to continue using that practice. A. pay out money damages B. show a legitimate business necessity C. indicate mixed motive D. permit compensatory damages E. make a reasonable accommodation

B. show a legitimate business necessity

Which act makes most mandatory retirement policies​ unlawful? A. Americans with Disabilities Act of 1990 B. Vocational Rehabilitation Act of 1973 C. Age Discrimination in Employment Act of 1967 D. Civil Rights Act of 1991 E. Equal Pay Act of 1963

C. Age Discrimination in Employment Act of 1967

Under the Americans with Disabilities Act​ (ADA), which of the following examples of a reasonable accommodation would MOST likely present an undue hardship for the​ employer? A. Adding flashing lights so that​ hearing-impaired employees can​ "hear" alarms B. Assigning minor job tasks to other employees C. Reassigning essential functions of the job to other employees D. Widening door openings E. Modifying the​ employee's work schedule

C. Reassigning essential functions of the job to other employees

Lee has promoted Justin into the new supervisor position. Although Justin was not the most qualified​ candidate, Lee felt there were not enough Hispanic men in managerial positions. Which of the following did Lee​ demonstrate? A. Affirmative action B. Adverse impact C. Reverse discrimination D. Reasonable accommodation E. Management malpractice

C. Reverse discrimination

Which of the following is an example of a discriminatory but acceptable business​ necessity? A. Requiring a high school diploma or GED for all positions B. Hiring only applicants that can lift 25 pounds or more for positions in the maintenance administration office C. Testing all job candidates to determine whether they have the skills to perform the job safely D. Discharging employees with multiple garnishments because of the added cost to the employer E. Hiring only through​ word-of-mouth so that all new employees are related​ to, or friends​ of, current employees

C. Testing all job candidates to determine whether they have the skills to perform the job safely

Which law allows compensatory and punitive damages to be awarded if it is proven that an​ employer's acts were​ discriminatory? A. The ADA Amendments Act of 2008​ (ADAAA) B. The Civil Rights Act of 1964 C. The Civil Rights Act of 1991 D. The Americans with Disabilities Act​ (ADA) E. The Vocational Rehabilitation Act of 1973

C. The Civil Rights Act of 1991

The Equal Employment Opportunity Commission​ (EEOC) enforcement process begins when an employment discrimination claim is filed. Which of the following is typically the next step in the​ process? A. The EEOC serves notice on the employer. B. The EEOC works out a conciliation agreement. C. The EEOC accepts the charge. D. The EEOC issues a Notice of Right to Sue. E. The EEOC investigates the charge to determine reasonable cause.

C. The EEOC accepts the charge.

Which of the following describes​ informal, voluntary attempts to negotiate the resolution of a charge of​ discrimination? A. Alternative dispute resolution B. Mandatory arbitration C. Position statement D. 60 days after the incident took place E. Mediation

E. Mediation Mediation is an informal process in which a neutral third party assists the opposing parties to reach a​ voluntary, negotiated resolution of a charge of discrimination.

​All-Star Literary Agent Services appointed a small group of minorities to its​ high-profile positions, rather than seeking full representation for that group. Which potential threat to diversity is​ All-Star practicing? A. Discrimination B. Ethnocentrism C. Prejudice D. Stereotyping E. Tokenism

E. Tokenism Tokenism occurs when a company appoints a small number of employees from one or more protected classes into​ high-profile positions, instead of trying to accomplish full representation for that protected class.

Which of the following describes the impact of the U.S. Supreme Court case Griggs v. Duke Power Company​? A. The employee must prove that discrimination on the part of the employer is intentional. B. If a practice is​ "fair in form but discriminatory in​ operation," the courts will uphold it. C. Unlawful discrimination does not need to be obvious. D. An employment selection practice does not need to be job related if it is applied equally. E. An​ employer's intent not to discriminate is relevant.

C. Unlawful discrimination does not need to be obvious. In Griggs v. Duke Power Company​, the Supreme Court ruled​ that, in​ employment, discrimination does not have to be overt to be illegal.​ Further, an employment practice that discriminates must be job related.

​Always-On Internet Corporation requires applicants to take a​ pre-employment test. This test has been shown to be more difficult for older applicants because it requires the installation and use of an app on the​ applicants' smartphones. This test could be considered to be discriminatory because of the​ ________ protected applicants who are over 40 years old. A. disparate rejection rate for B. hostile environment for C. adverse impact on D. undue hardship on E. reverse discrimination of

C. adverse impact on

​Always-On Internet Corporation requires applicants to take a​ pre-employment test. This test has been shown to be more difficult for older applicants because it requires the installation and use of an app on the​ applicants' smartphones. This test could be considered to be discriminatory because of the​ ________ protected applicants who are over 40 years old. A. disparate rejection rate for B. reverse discrimination of C. adverse impact on D. undue hardship on E. hostile environment for

C. adverse impact on

The U.S. Supreme Court decision in Gilmer v.​ Interstate/Johnson Lane Corp. effectively made mandatory​ ________ enforceable under some circumstances. A. conciliation agreements B. mediation C. arbitration agreements D. alternative dispute resolution programs E. position statements

C. arbitration agreements In Gilmer v.​ Interstate/Johnson Lane Corp.​, the Supreme Court stated that​ "under some​ circumstances" an employment discrimination plaintiff​ "may be compelled to arbitrate their​ claims."

The Equal Pay Act prohibits discrimination in pay based on​ _______. A. disability B. seniority C. gender D. race E. age

C. gender

According to the Civil Rights Act of​ 1991, if an employer is found to have shown​ "malice or reckless​ indifference" in a sexual harassment​ case, the employer could be required to​ _______. A. prove it was a business necessity B. show mixed motive C. pay punitive and compensatory damages D. agree to mandatory arbitration E. provide a reasonable accommodation

C. pay punitive and compensatory damages

Under the Americans with Disabilities Act of​ 1990, an employer must make an effort to provide​ ________ for an employee with a disability unless doing so would create an undue hardship on the employer. A. disparate rejection rates B. restricted policies C. reasonable accommodations D. bona fide occupational qualifications E. mixed-motive cases

C. reasonable accommodations

Title VII bars public and private agencies from failing to employ any individual on any of the following grounds EXCEPT which of the​ following? A. Religion B. Sex C. Color D. Age E. Ethnicity

D. Age

Excellent Enterprises has a standard policy that all employees must have a high school​ diploma, regardless of their job qualifications. Although Brandon has a great deal of experience in the industry and even though the diploma is not related to the​ position, Excellent Enterprises would not hire him because he did not graduate. Brandon filed a claim with the Equal Employment Opportunity Commission​ (EEOC). What is the MOST likely​ outcome? A. Brandon will not prevail because companies can require all employees to have a high school diploma regardless of their job requirements. B. Brandon will prevail because he is the victim of intentional discrimination. C. Brandon will not prevail because not having a high school diploma is an indication that he cannot do the work. D. Brandon will prevail because requiring a high school diploma is not job related and could have an unequal impact on members of a protected class. E. Brandon will not prevail because having a high school diploma is directly related to success in any position.

D. Brandon will prevail because requiring a high school diploma is not job related and could have an unequal impact on members of a protected class. Under Griggs v. Duke Power Company​, an employment practice​ (such as requiring a high school​ diploma) must be job related.

Which of the following is MOST likely an example of management​ malpractice? A. Passing over an employee for a promotion because other employees have more seniority B. Changing an​ employee's work schedule within reason to accommodate customer needs C. Asking an employee to attend offsite training to learn a new skill D. Sharing an​ employee's private medical information with the​ employee's coworkers E. Requiring an employee to comply with all company policies and procedures

D. Sharing an​ employee's private medical information with the​ employee's coworkers

According to the Pregnancy Discrimination​ Act, pregnancy and childbirth must be treated as​ ________. A. disparate impact B. a bona fide occupational qualification C. a business necessity D. any other​ company-covered disability E. affirmative action

D. any other​ company-covered disability

Which of the following could result in a supervisor having to pay for a portion of a judgment in an employment discrimination​ case? A. Arbitration B. Retaliation C. Alternative dispute resolution D. Voluntary mediation E. Management malpractice

E. Management malpractice