Managing Diversity Test 1

Latino/Hispanic Employment Level

* Hispanic men have the highest employment participation rates of all men - 80% of workforce * Latinas are least likely to be in workforce 56.2% participation rate * Unemployment for Hispanics is varied by education level * Higher than Blacks and Asians but lower than Whites * Latino unemployment is higher with higher education

How consistent are implicit attitudes and explicit attitudes?

* Implicit bias is of secondary concern * Certain scenarios can activate implicit stereotypes and attitudes, affecting our perceptions, judgments, and behavior

How to Leverage Diversity

* Improve the overall climate * Have a diversity program

African American Employment Level

* Increases in the employment and earnings of Blacks have not matched their increasing levels of education * Black unemployment levels have been considerably higher than those of Whites (higher than every other racial/ethnic group)

The Learning and Effectiveness Paradigm

* Integration * Removing barriers * Organizational trust * Incorporate employee perspectives into main work and enhance work by redefining markets, products, strategies, missions, etc.

Strengths of the 3rd Paradigm

* It connects diversity to work * Integration

Inter-Ethnic Discrimination

Discrimination practiced by non-White racial and ethnic groups against other minorities.

What are the common stages of reactions when students learn about race and racism?

* It is not always comfortable to learn about race and racism * Naive and no social consciousness * Acceptance and colorblindness * Resistance and seeing how race matters and becoming uncomfortable * Redefinition * Internalization and staying with the unfolding process of exploration

What are some of the prejudiced treatment/expectations Latinos experience in the workplace?

* Latinos say that others resent their ambitions and efforts to get ahead * Many Latinos say that personal relations are ignored in work settings and that only the task is given importance * Many Latino women say they are offended when others see them only as sex objects * Cultural heritage is not acknowledged, assumption that Latinos come from poor backgrounds

In terms of race and ethnicity:

* Many Hispanics are White in race, yet Hispanics are included in the "people of color" category * Many Latinos view their race as cultural, variable, and contextual * Confounding of race and ethnicity among Hispanics can create a double jeopardy, in which they experience discrimination based on skin color as well as ethnicity

Racial makeup of Latinos/Hispanics

* Mexico, Puerto Rico, and Cuba * Blacks, Whites, American Indians, and Asians whose ancestors resided in Central and South America * Cubans - White 85.4% and Black 4.7% * Dominicans - White 24.3% and Black 12.7% and 63.1% other or Hispanic Hispanic

The Discrimination and Fairness Paradigm

* Most dominant way of understanding diversity * Equal opportunity, fair treatment, Equal Employment Opportunity Requirement * Equal treatment, due process, follow the laws, diversified staff but not diversified work, track numbers, color blind, gender blind, assimilation

Stereotypes

* Over generalizations of characteristics to large human groups * Are the basis for prejudice and discrimination * A category that we put people in based on one, two, or a few obvious characteristics when we don't know the person * Negatively or positively worded * May prevent individuals from being hired or promoted

Fair discrimination

Is when only objective, merit base and job related characteristic are used to determine employment-related decisions.

The Equal Pay Act

It is not a violation if wage differences between a male and female employees occur due to seniority systems, quality or quantity of work, or merit. Also, employers in violation of the act are not allowed to lower the wages of one gender to comply with the law, they must raise the wages of the underpaid gender.

What are the potential disadvantages to be bilingual in the workplace?

It is uncompensated to be bilingual

According to Cox and Blake, valuing diversity can benefit organizations in which of the following areas?

* Reducing cost of turnover, lost productivity, and recruitment due to inadequate integration of workers. * Acquiring talents from various groups and increasing labor market competitiveness. * Enhancing the ability to market to different types of consumer. * More creativity due to different backgrounds and knowledge bases of a diverse workforce.

Benefits of Diversity

* Seeing the perspective of others * Meaningful interactions * Work effectively with diverse environments

Characteristics of Minority or Non-Dominant Groups

* Subordinated to majority or dominant group members in terms of power, prestige, and privilege * Non-dominant is a more accurate term than minority * 4 Common characteristics = identifiability, differential power, the experience of discrimination, and group awareness

What are some key values regarding family and interpersonal interactions in the Latino culture?

* The Hispanic family unit is composed of parents and children along with extended family * Father is head of family and mother is responsible for the home - strong family ties * Firm handshakes are common along with hugs and a light kiss, looks & appearance are recognized

Identity Group (Social Groups)

* The collectivities people use to categorize themselves and others. * People belong to multiple groups that at times have different levels of salience * Often readily apparent to others, strong sources of personal meaning, and related to historical disparities among groups in treatment, opportunities, and outcomes.

Aversive Racism

* The holding (ostensibly adhere) of egalitarian values and beliefs that one is unprejudiced but still processing negative feelings and beliefs about racial issues and minority group members * They make efforts to identify and change their true beliefs more difficult * May be more difficult to identify and change than traditional racisim

What are the damages when one internalizes stereotypes against one's own identity group?

* The psyche of the individual gets damaged - images of aggressiveness and less intelligent * Causes low self-esteem, low expectations, low motivation, self-doubt * Damages contribute to high unemployment, poor marriage success, low educational achievement, and criminality

Where do Implicit Biases come from?

* They grow out of normal and necessary features of human cognition, such as our tendency to categorize, to form cliques and to absorb messages and cues * An assortment of stereotypical beliefs and attitudes about social groups * Putting things into groups and remembering relations between objects and actions or adjectives * Our own self-interests and emotions

How does the Implicit Bias test work?

* They reshape our implicit attitudes and beliefs * Curb the effects on our behavior

When are English-only rules legal? When are they not legal?

* They restrict or prohibit employee communication other than English * EEOC regards such rules as justified only when needed for safe or efficient operation of the organization

According to the Kernahan article "the Process of Learning about Race", stages of development in learning about race and racism include:

* When very young, acceptance of racial stereotypes and beliefs taught by parents, peers, education, mass media, etc. * Perceptions of racism as isolated events with minimal learning of race and racism * Growing discomfort when seeing patterns of racism with more knowledge of race and racism * Growing comfort dealing with race and racism with continued learning

Demographic Trends in US

* White men and women are a majority of the workforce * More diverse in comparison to other centuries * Women have more college degrees * Young workers are more diverse

African American Income Level

* White men's earnings are highest, while Black men earn more than Black women * Black men earn more than Black women at all education levels and education increases earnings for Blacks

African American Educational Level

* Whites have more education than Blacks * Blacks with the same level of education as Whites are more likely to be unemployed than Whites and earn less when employed than Whites

Latinas (Women) at Work #2

*Bilingualism: An Uncompensated Skill* 1. Bilingual employees are often called upon to assist monolingual English speakers with their work tasks. 2. Some employers refuse to recognize language as a marketable skill and refuse to provide wage differentials to compensate for the skill.

When are English-only rules legal?

*English-only rules are justified:* 1. For communications with customers, coworkers, or supervisors who only speak English 2. In emergencies or other situations in which employees must speak a common language for safety reasons 3. For cooperative work assignments in which speaking English promotes efficiency 4. To enable supervisors who only speak English to monitor the performance of employees who speak with coworkers or customers as part of their job duties

Inter-ethnic discrimination

*Inter-ethnic employment discrimination* - discrimination practiced by racial and ethnic minority groups *against other minorities*

Supreme Court Justice Sonia Sotomayor

*Supreme Court Justice Sonia Sotomayor:* - Princeton undergraduate, Yale Law graduate. - Nominated to Supreme Court by President Barack Obama. - Puerto Rican descent, born in New York. - "Wise Latina" would make different decisions. - Race and sex of judges matter in rulings.

Title VII of the Civil Right Act 1964

It prohibits employment discrimination based on race, color, religion, sex, or national origin and provides monetary dame ages in cases of intentional employment discrimination. Title VII prohibits not only intentional discrimination, but also practices that have the effect of discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

Primary Labor Market

Jobs in large, bureaucratic organizations that have opportunities for advancement and include lucrative retirement, medical, and vacation benefits.

Population Statistics:

Largest selected groups of Hispanics: - Mexican: 65.7% - Puerto Rican 8.9% - Cuban 3.5% - Salvadoran 3.3% - Dominican 2.8% Hispanics are youthful: median age 27.4 years v. 36.8 years for population as a whole. Race is often contextual, variable, and complex Many Hispanics (30.4%) report "some other race" instead of Census Bureau racial categories.

Latinos as Customers

Latinos as Customers: 1. The Marketing Advantage: - Hispanic buying power increased from $504 billion in 2000 to $978 billion in 2009. - Hispanic Customers: Are enthusiastic about shopping Prefer paying cash Are more affected by advertising and marketing 2. Discrimination against Hispanic customers: Negative publicity and lost business.

According to Clutter and Zubieta's article "Understanding Latino Culture", which of the following is NOT true?

Latinos tend toward informality in their treatment of one another

Laws and definitions

Laws from social pressure=hour laws, safety, health laws, and equal employment opportunity legislation. Constitutional law=supersedes all other laws and regulations, and applies particularly to the due process rights of public employees. Common law=is the body of case by case court decisions that determines what is legal and what remedies are appropriate. Individual states develop their own common law in response to federal and state legislation and the specific cases brought before state courts. **most employment discrimination lawsuits are brought under federal statues, although state laws can be even more restrictive.

The EEOC compliance manuel

Look at website

Examples of EEOC cases filed

Look at website.

Secondary Labor Market

Low skilled and low pay jobs, often in the service sector, that offer few or no opportunities for advancement, nor medical, retirement, or vacation benefits.

When bilingual employees are called upon to assist monolingual employees with their work tasks, this may reduce bilingual employees' work effectiveness because they spend less time doing their own work.

True

How do Implicit Biases influence behavior?

* By forming associations that contradict our intentions, beliefs, and values * Rooted in strong emotions

From a historical perspective, differences in Black/White accumulation of wealth over multiple generations are influenced by:

* Differences in inheritance * Effects of discrimination which limits Blacks' ability to acquire and thus pass on wealth * Racial segregation of neighborhoods

Regarding discrimination and/or prejudice

* Discrimination is differential treatment that serves to limit the social, political, or economic opportunities of members of particular groups. * Prejudice is irrationally based, negative attitudes about certain groups and their members. * Given power to act on prejudice, discrimination may occur.

Negative Consequences of Increased Diversity

* Dysfunctional communication processes * Harassment * Perceptions that non-traditional workers are unqualified * Lowered attachment, commitment, and satisfaction

Latino/Hispanic Educational Level

* Hispanics lag behind others in educational attainment - significant implications in organizations * Factors affect recruitment/selection, training (EDUCATION IS A BIG AFFECT) * 67.3% Hispanics, 87.1% Whites, and 83.0% Blacks have at least a HS degree * 50% Mexicans, 67% Puerto Ricans, and 71% Cubans have at least HS diploma * 19% Cubans have college degree * 38% Hispanics did not complete HS * 17% Blacks, 13% Whites, 11% Asians did not complete HS

Weaknesses of the first 2 Paradigms

* They have been used most to date * Color blind/gender blind * Immediate and crisis oriented needs

Organizational practices that can improve the employment experience of Hispanics

* Zero tolerance for discrimination and harassment based on race and ethnicity * Ensure fairness for applicants and employees * Diverse education, teaching English

Employment hardship

*Employment hardship* - joblessness, involuntary part-time work and working poverty

3 Diversity Paradigms

1. The Discrimination and Fairness Paradigm 2. The Access and Legitimacy Paradigm 3. The Learning and Effectiveness Paradigm

Workplace tort

A civil wrong in which an employer violates a duty owed to its customers or employees, is handles at the state level. An example is when employee agrees to let a company use her photo in an employee newsletter, but the employer latter uses it in a public advertisement without her permission.

Inter-Ethic Discrimination

Discrimination practiced by non-White racial and ethnic groups against other minorities.

Reasons for differences in Black and White accumulation of wealth

Level of education and likelihood of employment

Treatment Discrimination

When people are employed but are treated differently once employed, receiving fewer job-related rewards, resources, or opportunities than they should receive based on job-related criteria.

Underemployed

Workers employed at less than their full employment potential, including those working part-time, temporary, or intermittent jobs but desiring regular, full-time work; those working for lower wages than their skills would imply or in positions requiring considerably lower skills than they possess; and those involuntarily working outside their fields.

Hostile Sexism

Antipathy toward women based on faulty and inflexible generations (negative stereotypes).

In his New York Times article, why did Peart start to become worried when police cars drove by?

Because he had been stopped and searched for no apparent reason in the past

Negatives of Diversity

Dysfunctional communication processes between different group members, discrimination, harassment, perceptions that nontraditional workers are unqualified, and lowered attachment, commitment, and satisfaction

Education, Employment, and Earnings #1

Education, Employment, and Earnings : 1. Hispanics lag others in educational attainment 2. Hispanic men have highest participation rate of all men (80%), while Latinas participate less than all women (56.2%).

Hispanics Immigrants at Work

Employers who express preference for Hispanic immigrants workers pay less than those who do not express such preference.

How are glass ceiling and glass walls strengthened in organizations?

Evidence shows the ceiling to be actually quite low

Access discrimination occurs when people are employed, but treated differently after employment

False

Diversity Climate

Individual-, intergroup-, and organizational-level factors that comprise the atmosphere for different groups and of support for or resistance to diversity in an organization

Recommendations

Individuals should focus in education, be careful in selecting employers, and become English language fluent. Organizations should focus on including Hispanic workers, value them as customers, and reduce workplace exploitation and discrimination against those who experience it.

Which of the following statements accurately describes research on the performance of diverse groups compared with homogeneous groups?

Initially, the homogeneous groups outperformed the diverse groups, but by the end of the semester, the diverse groups outperformed the homogeneous groups.

Glass Walls

Invisible barriers that confine minorities and women to certain types of positions within organizations.

Prejudice

Irrational, negative evaluations of a group.

The office of Federal Contract Compliance Programs(OFCCP)

Is a part of the us department of labor. It administers and enforces three equal employment opportunity programs that apply to federal contractors and subcontractors: The primary mission is to ensure that federal contractors with 50 or more employees who receive $50,000 or more in grants, goods, and services from the federal government take affirmative action to promote equal employment opportunity.

Employment Hardship

Joblessness, involuntary part-time work, and working poverty.

Unfair discrimination

Occurs when employment related decisions and actions are not o related, objective, or merit based.

Egalitarian

One who believes in human equality, particularly regarding social, political, and economic rights and privileges.

Discouraged Workers

People who have become so discouraged about the lack of employment opportunities that they have stopped looking for jobs and have dropped out of the workforce.

Descriptive Stereotyping

Perceptions about how people do or will behave, based on their group memberships.

Fraudulent recruitment

Telling truth or hiring involves misrepresenting the job or organization to recruit.

The equal employment opportunity Commision (EEOC)

The EEOC was established by TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. It's original responsibility was to receive and investigate charges of unlawful employment practices and, for those charges found to be "reasonable cause," to try to resolve the disputes. It enforces several Laws: look at picture

Bona Fide occupational qualification (BFOQ)

There are limited situations in which a protected characteristic an be considered this under Title VII and be legally used to make employment decisions. A BFOQ is a characteristic that is essential to the successful performance of a relevant job function, and that the essence of the business operation would be undermined by including or excluding members with a protected characteristic. Only a qualification that affects an employee's ability to perform the job an be considered a BFOQ. For example corrections facilities with gender segregated wards usually require at least one staff member of the same gender as the inmates to always be on duty.***race and color must never be considered BFOQs. Customers preference is also insufficient to justify a BFOQ defense.

The Department of Labor and Equal Employment Opportunity Commission

They interpret, administer and enforce specific laws, local, state, and federal legislative bodies create agencies such as this.

Cubans

began arriving in the United States in large numbers in January 1959, when Fidel Castro obtained government power in Cuba by force.

Benevolent Sexism

A set of interrelated attitudes toward women that are sexist while they are perceived as positive by the attitude holder.

Ethnicity

A shared national origin or a shared cultural heritage

Where do you get information about the state's fair employment practice laws

A state's Attorney General's office and website provide information.

What is stereotype threat (or stigma pressure)?

* A situational predicament as a contingency of their group identity, a real threat of judgment or treatment in the person's environment that went beyond any limitations within * Can happen to members of any group some or all of whose intellectual abilities were viewed negatively in the larger society

The Access and Legitimacy Paradigm

* Acceptance and celebration of differences * New professional and managerial opportunities for women and people of color * Demographic diversity * Access to diverse markets, lack of knowledge integration, fewer opportunities for minorities

According to relevant research, do Latinos/Hispanics experience access discrimination or treatment discrimination?

* Access Discrimination * Hispanics were less likely to be advanced in selection process or asked about work experience

What are the main findings of the Black Names study?

* African Americans face differential treatment when searching for jobs and this may still be a factor in why they do poorly in the labor market * Job applicants with African American names get fewer callbacks for resumes * Training programs alone may not be enough to alleviate the racial gap in labor market outcomes

Glass ceilings and glass walls are likely to be strengthened by

* Assigning less challenging work to minorities * Minimizing constructive feedback to women and minorities to avoid being seen as racist or sexist * Assigning minorities to minority neighborhoods and clients so they can establish better connections

Latino/Hispanic Income Level

* Average earnings for Hispanic men are lower than those of White, Black and Asian men * HS Diploma earnings for Hispanics are lower than those of other men * As education levels increase so to earnings for the Hispanics, which begins to exceed Blacks * Latinas lag earnings more than all other women * Highest level of education, Latinas earn slightly more than non-Hispanic White and Black women

Individual benefits of working and learning in diverse environments documented by researchers include

* Being able to take the perspective of others. * Higher grades for students. * Seeing diversity as dividing people. * Greater attachment to members of one's own groups.

How can Implicit Biases be reduced?

* By a strong personal motivation to be nonprejudiced * Using logic and willpower to control their primitive urges * Counter stereotypes * New personal connections with a member of the devalued group

How can the propensity to automatically stereotype be reduced?

* By willingness to listen, think, understand, and grow in learning about diversity issues * See people as being unique * Attend to information instead of recognizing differences in group members

Social Categorization

* Categorization is used to simplify and cope with the large volumes of information to which they are continually exposed * The tendency to perceive themselves and others as belonging to particular groups * Ordering one's social environment by groupings of persons.

What can't Jose do as an undocumented immigrant?

* Couldn't get a driver's license * Get a legal passport and social security number

Education levels, employment levels, and income levels provide information on the status of different groups because

* Education levels affect whether and where people are employed, their income levels, and their opportunities for and actual advancement * Some differences in employment levels between groups are not completely explained by differences in education levels * Comparisons may be made between racial and ethnic groups and between men and women to determine the education to income relationship for each group

According to his article "My Life as an Undocumented Immigrant", what couldn't Jose Vargas do as an undocumented immigrant?

* Get a social security card * Get a passport * Apply for state and federal financial aid * Apply for a driver's license in some states

Why did Jose Vargas decide to publicly tell his story of living as an undocumented immigrant?

* He began to feel increasingly paranoid about being an illegal immigrant as he began his two year internship with the Washington Post (5 years to "do enough") * He was tired of lying to people and running away from who he is * He also was up to renew his driver's license at that time

Why did Peart start to become worried when NYPD cars drove by?

* He thought he would be stopped and searched every time just because he was a young black man * Getting stopped and frisked is a rite of passage in the neighborhood * He educates young people of their rights when this happens and how to stay safe when wrongfully stopped

3 Types of Access Discrimination

1. Categorical Exclusion 2. Shifting Standards 3. Job Channeling

Racial Profiling, Police Misconduct, and Differential Judicial Treatment

1. Latino and Blacks more likely to experience racial profiling and searches, but not more likely to have contraband. 2. Black and Latino officers have better "hit" rates than White officers. 3. Poor management, lack of supervision contributed to police misconduct in Los Angeles, Dallas. 4. Differences in deferred adjudication -- Long-term effects.

Latinas (Woment) at Work #1

1. Nearly 60% participation rate. 2. Latinas face multiple forms of disadvantage Work in female-dominated jobs with other women of color -- Sometimes targeted by racialized sexual harassment. 3. Language skills increase success!

Latinos and Blacks at Work

1. Preferences for immigrants over native-born workers may disadvantage Blacks. 2. Both Blacks and Latinos experience discrimination. 3. Some cases involve anti-Black and anti-White discrimination or anti-Hispanic discrimination.

Organizational Experiences of Hispanics #1

1. Race divides U.S. Hispanics in ways similar to its division of non-Hispanics. - Access and treatment discrimination - Name-based discrimination 2. Inter-ethnic employment discrimination

Recommendations for Individual Latinos:

1. Should obtain as much education as possible. 2. Should carefully investigate prospective employers for evidence of support for or bias against Latinos. 3. English fluency is important. If bilingual, actively pursue positions in which bilingualism is valued and compensated.

Who is Hispanic (Latino)?

1. The U.S. Census Bureau says Hispanics as people who identify themselves as having Mexican, Puerto Rican, Cuban, or other Spanish origin or culture, regardless of race. 2. Many Latinos view their race as being cultural, often variable, and contextual. 3. Hispanics experience discrimination based on skin color as well as ethnicity. 4. Distinctions between "race" and "ethnicity" are not universally agreed upon. 5. White, non-Hispanic White; Black, non-Hispanic Black used interchangeably.

Recommendations for Organizations:

1. Zero tolerance for discrimination and harassment. 2. Take proactive measures to increase representation of Latinos in their workforce. 3. Moral and ethical issues with immigrant exploitation

The Black population is about:

13% of the US population

The Latino/Hispanic population is about:

16% of the US population

Organizational Experiences of Hispanics #2

3. Hispanic immigrants - 40% of Hispanics are foreign-born disproportionately represented in dangerous industries. - Lower wages and education, but *not* lower employment levels. Exploitation or "work ethic"? OSHA, EEOC work to help protect immigrants

Education, Employment and Earnings #2

3. Low average education levels not as great impediment to employment as expected. 4. Employer exploitation of immigrants documented. 5. Hispanics who are White have higher incomes, and lower unemployment and poverty than Black and other Hispanics and than U.S. native-born Blacks. 6. Race and visibility key factors in U.S. (e.g., Dworkin & Dworkin)

African American Population in the US

41.1 Million make up 13.5% of the population

Latino/Hispanic Population in the US

48.4 Million make up 16% of the population

Puerto Ricans

About 9% of Hispanics are of Puerto Rican descent. Puerto Rico was seized by the United States in 1898 during the Spanish-American War.

EOE/AA(equal opportunity employer/affirmative action institution

All recruitment communication should include an equal opportunity/affirmative action statement to phrases. If these statements fail to recruit the quality and range of application desired, a more explicit and proactive stmt can be used such as : applicants from underrepresented groups are strongly encourage to apply.

Labor Force

All the persons age 16 and over working or looking for work.

Quid pro quo harassment

An employee is demoted because she refuses a date with her supervisor, the supervisor's conduct is clearly illegal.

English-Only Rules

An employer policy or work rule that requires employees to only speak in the English language at all times while on the job or in the workplace.Sometimes specifically target Hispanics, some of home speak only Spanish. Justified for communications with customers, in emergencies, for cooperative work assignments, and to enable supervisors who only speak English to monitor the performance of employees who speak with coworkers or customers as part of their job duties.

Glass Ceiling

An invisible barrier that prevents women, minorities, and people with disabilities from advancing past a certain level in organizations.

7) In order to achieve diversity in the workplace, management must ________. A) foster a culture that values individuals and their wide array of needs and contributions B) walk a fine line between political correctness and protectionism C) focus on laws, court decisions, and executive orders D) cultivate the bureaucracy and preserve the status quo

Answer: A Explanation: A) Achieving diversity is more than being politically correct; it is about fostering a culture that values individuals and their wide array of needs and contributions.

19) What is the LEAST likely reason that the trend in layoffs involves retaining older workers rather than younger workers? A) Older workers are less expensive for firms to employ. B) Federal laws protect older workers from discrimination. C) Older workers serve as role models for younger workers. D) The customer service skills of older workers are desired by firms.

Answer: A Explanation: A) Despite massive layoffs resulting from the recession of 2008/10, many other companies tried to keep the over 55 worker. This trend may be due, in part, to legal concerns based on the Age Discrimination in Employment Act, which protects workers 40 and older against discrimination. However, a large part of this movement is the desire to keep the experienced workers on board in anticipation of an economic upturn. Older workers are role models who have the specialized skills that firms need, but they typically earn higher rather than lower salaries because of seniority.

9) What term refers to any perceived difference among people, such as age, profession, lifestyle, or position? A) diversity B) culture C) climate D) environment

Answer: A Explanation: A) Diversity refers to any perceived difference among people: age, race, religion, functional specialty, profession, sexual orientation, geographic origin, lifestyle, tenure with the organization or position, and any other perceived difference. The challenge for managers in the future will be to recognize that people with characteristics that are common but are different from those in the mainstream, often think, act, learn, and communicate differently.

97) Which executive order (EO) made it the policy of the government to provide equal opportunity in federal government for all qualified persons? A) EO 11246 B) EO 10988 C) EO 11375 D) EO 11838

Answer: A Explanation: A) EO 11246 establishes the policy of the U.S. government as providing equal opportunity in federal employment for all qualified people. It prohibits discrimination in employment because of race, creed, color, or national origin. The order also requires promoting the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency.

71) Elway Tire Company is a large manufacturing firm based in Texas. The highly diverse workforce at Elway requires the HR managers to ensure that all employment practices comply with local, state, and federal laws. Elway is expanding its operations and needs to hire 100 new technicians. Which of the following questions would most likely be appropriate to ask a female job candidate during an interview? A) Are you a citizen of the U.S.? B) How many children do you have? C) Have you been convicted of a crime? D) Have you ever had your wages garnished?

Answer: A Explanation: A) In 1973, the Supreme Court ruled that Title VII does not prohibit discrimination on the basis of lack of citizenship, so asking applicants if they are U.S. citizens is acceptable. Neither application forms nor interviews should contain questions for women that do not also apply to men, such as the number of children they have. Questions in employment procedures that should be avoided if not job-related include credit record, conviction record, garnishment record, and education. It should be noted that actually asking non-job-related questions is not illegal; it is how a hiring person uses the gained information that makes it illegal.

72) You are a human resource manager with a large manufacturing firm. Yesterday, you heard one of your recruiters ask an applicant the following question: "What is your citizenship?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on? A) No, Espinoza v Farah Manufacturing Company B) Yes, Phillips v Martin Marietta Corporation C) Yes, Griggs v Duke Power Company D) No, Dothard v Rawlingson

Answer: A Explanation: A) In 1973, the Supreme Court ruled that Title VII does not prohibit discrimination on the basis of lack of citizenship. The EEOC had previously said that refusing to hire anyone who was a noncitizen was discriminatory, as this selection standard was likely to have an adverse impact on individuals of foreign national origin. Because 92 percent of the employees at the Farah facility in question were Hispanics who had become American citizens, the Court held that the company had not discriminated on the basis of national origin when it refused to hire a Hispanic who was not a U.S. citizen.

40) Anita is applying for a job with Greyhound Bus to work as an intercity bus driver. According to a 1974 court ruling regarding Greyhound, Anita must be age ________ or younger. A) 35 B) 45 C) 55 D) 65

Answer: A Explanation: A) In a 1974 Seventh Circuit Court decision, the court ruled that Greyhound did not violate the ADEA when it refused to hire persons 35 years of age or older as intercity bus drivers because the likelihood of risk or harm to its passengers was involved. Greyhound presented evidence concerning degenerative physical and sensory changes that humans undergo at about age 35 that have a detrimental effect on driving skills, and that the changes are not detectable by physical tests.

26) What Supreme Court case ruled that discrimination charges must be filed within 180 days of the allegedly discriminatory pay decision? A) Ledbetter v Goodyear Tire & Rubber Co., Inc. B) Espinoza v Farah Manufacturing Company C) Weber v Kaiser Aluminum Corporation D) Albemarle Paper Company v Moody

Answer: A Explanation: A) In the 2007 Supreme Court case of Ledbetter v Goodyear Tire & Rubber Co., Inc., the Court said that discrimination charges must be filed within 180 days after the allegedly discriminatory pay decision. Lilly Ledbetter had worked for Goodyear for many years but she did not realize until she was close to retirement that she was being discriminated against because of pay. Since she did not file a discrimination charge within 180 day of her employment, the Supreme Court ruled against her.

25) The Equal Pay Act permits pay distinctions to be made based on certain factors. Which of the following is NOT one of those factors? A) gender B) merit system C) seniority system D) production quality

Answer: A Explanation: A) Passed as an amendment to the Fair Labor Standards Act, the Equal Pay Act of 1963 (EPA) prohibits an employer from paying an employee of one gender less money than an employee of the opposite gender, if both employees do work that is substantially the same. Pay differences are allowable based on merit, seniority, and production quality.

83) Prior to the issuance of the Uniform Guidelines, the only way to prove job relatedness was through ________. A) test validation B) adverse impact C) four-fifths rule D) court litigation

Answer: A Explanation: A) Prior to the issuance of the Uniform Guidelines, the only way to prove job-relatedness was to validate each test. The Uniform Guidelines do not require validation in all cases but when the selection device produces an adverse impact on a minority group. Adverse impact, a concept established by the Uniform Guidelines, occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

37) The Age Discrimination Act differs from Title VII of the Civil Rights Act in that it ________. A) provides for a trial by jury B) does not cover exempt employees C) is administered by the EEOC D) does not pertain to employment agencies

Answer: A Explanation: A) The Age Discrimination in Employment Act differs from Title VII of the Civil Rights Act in providing for a trial by jury and carrying a possible criminal penalty for violation of the Act. The trial-by-jury provision is important because juries are thought to have great sympathy for older people who may have been discriminated against.

22) What is the reason that the Civil Rights Act of 1866 remains a force in equal employment opportunity law? A) no statute of limitations B) more coverage than Civil Rights Act of 1964 C) severe penalties for employer discrimination D) includes age and race discrimination provisions

Answer: A Explanation: A) The Civil Rights Act of 1866, which is based on the Thirteenth Amendment to the U.S. Constitution, has no statute of limitations, as evidenced by the fact that it continues to be used today. Specifically, this Act provides that all citizens have the same right "as enjoyed by white citizens. . . to inherit, purchase. . . hold, and convey. . . property, [and that] all persons. . . shall have the same right to make and enforce contracts. . . as enjoyed by white citizens."

91) In which Supreme Court decision was it held that same-sex sexual harassment may be unlawful under Title VII? A) Oncale v Sundowner Offshore Services B) Meritor Savings Bank v Vinson C) Harris v Forklift Systems, Inc. D) Miller v Bank of America

Answer: A Explanation: A) The Supreme Court, in the case of Oncale v Sundowner Offshore Services, held that same-sex sexual harassment may be unlawful under Title VII. The Supreme Court decided that a plaintiff could make out a claim for sexual harassment as long as the harassing conduct was because of sex.

84) According to the Uniform Guidelines, test validation is essential only when selection devices produce ________. A) adverse impact B) systemic discrimination C) racial discrimination D) disparate treatment

Answer: A Explanation: A) The Uniform Guidelines do not require validation in all cases but when the selection device produces an adverse impact on a minority group. Adverse impact, a concept established by the Uniform Guidelines, occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

59) The primary purpose of the Uniformed Services Employment and Reemployment Rights Act is to ________. A) protect the jobs of National Guard members and Reservists B) ensure that sufficient benefits are provided to war veterans C) provide government jobs to National Guard members D) help Reservists find new jobs after military service

Answer: A Explanation: A) The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides protection to Reservists and National Guard members. Under this Act, those workers are entitled to return to their civilian employment after completing their military service.

58) The invisible barrier in organizations which prevents many women and minorities from achieving top level management positions is called the ________. A) glass ceiling B) marble mantle C) stone staircase D) granite hurdle

Answer: A Explanation: A) The glass ceiling is the invisible barrier in organizations that impedes women and minorities from career advancement. This Glass Ceiling Act established a Glass Ceiling Commission to study the manner in which businesses fill management and decision-making positions, the developmental and skill-enhancing practices used to foster the necessary qualifications for advancement to such positions, and the compensation programs and reward structures currently used in the workplace.

44) Holly, an IT specialist at a bank, is eight months pregnant and experiencing some medical complications. As a result, Holly's doctor has ordered Holly to remain home on bed-rest for the last month of her pregnancy. According to the Pregnancy Discrimination Act, Holly is entitled to receive ________. A) disability benefits B) flexible benefits C) scheduling options D) early retirement

Answer: A Explanation: A) Under the Pregnancy Discrimination Act, a woman unable to work for pregnancy-related reasons is entitled to disability benefits or sick leave on the same basis as employees unable to work for other medical reasons.

98) Which of the following was stipulated by Executive Order 11246? A) affirmative action B) uniform selection guidelines C) equal employment opportunity D) adverse impact and disparate treatment

Answer: A Explanation: A) Affirmative action, stipulated by EO 11246, requires covered employers to take positive steps to ensure employment of applicants and treatment of employees during employment without regard to race, creed, color, or national origin.

67) In which Supreme Court decision was it ruled that the company had discriminated against a woman because she had young children? A) Phillips v Martin Marietta Corporation B) Espinoza v Farah Manufacturing Company C) Weber v Kaiser Aluminum Corporation D) Albemarle Paper Company v Moody

Answer: A Explanation: A) In 1971, the Court ruled in Phillips v Martin Marietta Corporation that Martin Marietta had discriminated against a woman because she had young children. The company had a rule prohibiting the hiring of women with school-age children.

20) The concept of ________ as a legitimate workplace diversity issue has gained increasing recognition. A) multigenerational diversity B) race and ethnicity C) sexual orientation D) disability

Answer: A Explanation: A) T Four generations are now participating in the workforce and each has different defining characteristics and nicknames. Shirley A. Davis, SHRM's director of diversity and inclusion initiatives, said, "In all parts of the world, there is another category of diversity that cannot be overlooked: multigenerational diversity."

14) Tanya and Jack are married and have two children. Tanya works as a nurse at a local hospital, and Jack is an accountant. Which term best describes Tanya and Jack? A) dual-career family B) multi-career couple C) baby boomer couple D) diverse family

Answer: A Explanation: A) The increasing number of dual-career families, families in which both husband and wife have jobs and family responsibilities, presents both challenges and opportunities for organizations. The majority of children growing up today have both parents working outside the home.

30) Title VII of the Civil Rights Act applies to employers with ________ or more employees. A) 15 B) 25 C) 50 D) 75

Answer: A Explanation: A) Title VII covers employers engaged in or affecting interstate commerce who have 15 or more employees for each working day in each of 20 calendar weeks in the current or preceding calendar year. Also included in the definition of employers are state and local governments, schools, colleges, unions, and private employment agencies that procure employees for an employer with 15 or more employees.

75) Which of the following cases involved reverse discrimination? A) University of California Regents v Bakke B) Espinoza v Farah Manufacturing Company C) Weber v Kaiser Aluminum Corporation D) Albemarle Paper Company v Moody

Answer: A Explanation: A) University of California Regents v Bakke was an affirmative action case and was the first major test involving reverse discrimination. The University of California had reserved 16 places in each beginning medical school class for minorities. Allen Bakke, a white man, was denied admission even though he scored higher on the admission criteria than some minority applicants who were admitted. The Supreme Court ruled 5-4 in Bakke's favor.

4) It is estimated that ________ of Fortune 500 firms ban discrimination on the basis of sexual orientation. A) 50% B) 86% C) 36% D) 25%

Answer: B Explanation: B) An estimated 86 percent of Fortune 500 firms now ban discrimination on the basis of sexual orientation, up from 61 percent in 2002.

96) Which term refers to a directive issued by the president that has the effect of a Congressional law? A) presidential citation B) executive order C) executive mandate D) administrative directive

Answer: B Explanation: B) An executive order (EO) is a directive issued by the president and has the force and effect of a law enacted by Congress as it applies to federal agencies and federal contractors. Many believe that the concept of affirmative action got its beginning in 1948 when President Harry S. Truman officially ended racial segregation in all branches of the military by issuing Executive Order 9981.

49) Under the Illegal Immigration Reform and Immigrant Responsibility Act, anyone unlawfully present in the United States for 180 days, but less than one year will be subject to a ________-year ban for admission to the United States. A) one B) three C) five D) ten

Answer: B Explanation: B) Anyone unlawfully present in the United States for 180 days, but less than one year, is subject to a three-year ban for admission to the United States. Anyone unlawfully present in the United States for one year or more is subject to a 10-year ban from admission to the United States.

82) What term means that an employer treats some people less favorably than others because of race, religion, sex, national origin, or age? A) adverse impact B) disparate treatment C) overt discrimination D) unintentional discrimination

Answer: B Explanation: B) Disparate treatment means that an employer treats some employees less favorably than others because of race, religion, color, sex, national origin, or age. Adverse impact occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

8) In today's workplace, the definition of diversity is ________. A) focused on affirmative action B) constantly changing and expanding C) understood by everyone in the workplace D) all about equal employment opportunity

Answer: B Explanation: B) Diversity is more than equal employment and affirmative action; the actual definition is constantly changing and expanding.

70) You are a human resource manager with a large manufacturing firm. Yesterday you heard one of your recruiters ask a woman applicant the following question: "How would you take care of your children if they were sick?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on? A) No, American Tobacco Company v Patterson B) Yes, Phillips v Martin Marietta Corporation C) No, Griggs v Duke Power Company D) Yes, Dothard v Rawlingson

Answer: B Explanation: B) In 1971, the Court ruled in Phillips v Martin Marietta Corporation that Martin Marietta had discriminated against a woman because she had young children. The company had a rule prohibiting the hiring of women with school-age children. A major implication of this decision is that a firm cannot impose standards for employment only on women. Examples of questions that should not be asked are: "Do you have children?" "Do you plan on having any more children?" "How would you take care of your children if they were sick?" and "Where does your husband work?"

68) You are a human resource manager with a large manufacturing firm. Yesterday, you heard one of your recruiters ask a female applicant the following question: "Where does your husband work?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on? A) No, Firefighters Local Union 1984 v Carl W. Stotts B) Yes, Phillips v Martin Marietta Corporation C) No, Griggs v Duke Power Company D) Yes, Dothard v Rawlingson

Answer: B Explanation: B) In 1971, the Court ruled in Phillips v Martin Marietta Corporation that Martin Marietta had discriminated against a woman because she had young children. The company had a rule prohibiting the hiring of women with school-age children. A major implication of this decision is that a firm cannot impose standards for employment only on women. Examples of questions that should not be asked are: "Do you have children?" "Do you plan on having any more children?" and "Where does your husband work?"

65) Which Supreme Court decision upheld that any test used in the selection process must be validated if it is found its use has had an adverse impact on women and minorities? A) Phillips v Martin Marietta Corporation B) Albemarle Paper Company v Moody C) Espinoza v Farah Manufacturing Company D) Weber v Kaiser Aluminum and Chemical Corporation

Answer: B Explanation: B) In 1975, the Supreme Court, in Albemarle Paper Company v Moody, reaffirmed the idea that any test used in the selection process or in promotion decisions must be validated if it has an adverse impact on women and minorities. The employer has the burden of proof for showing that the test is valid. Subsequently, the employer must show that any selection or promotion device actually measures what it is supposed to measure.

5) According to ________, "Diversity is about our relatedness, our connectedness, our interactions, where the lines cross." A) Barack Obama B) Harris Sussman C) R. Roosevelt Thomas, Jr. D) Kathy Hannan

Answer: B Explanation: B) In his book The Future and the Work Ahead of Us, Harris Sussman writes, "Diversity is about our relatedness, our connectedness, our interactions, where the lines cross.

76) In which 2003 decision did the Supreme Court rule that colleges and universities have a "compelling interest" in achieving diverse campuses? A) Wards Cove Packing Company, Inc. v Atonio B) Grutter v Bollinger C) Gratz v Bollinger D) University of California Regents v Bakke

Answer: B Explanation: B) In the case of Grutter v Bollinger, the Court ruled in a 5-4 decision that colleges and universities have a compelling interest in achieving diverse campuses. This ruling supported the Bakke case in which the Court reaffirmed that race may be taken into account in admission decisions.

3) Polls in the USA show that the public is evenly divided on ________. A) equal rights for gay people B) same-sex marriage C) equal opportunity for gays in the workplace D) overturning "don't ask, don't tell"

Answer: B Explanation: B) Polls show that the public tends to support equal rights for gay people, with the exception of the right to marry. Nearly 90 percent of Americans favor equality of opportunity in the workplace, and more than 60 percent favored overturning "don't ask, don't tell." But the public remains evenly divided on same-sex marriage.

73) The impact of Dothard v Rawlingson was that ________ must be job related. A) selection tests B) performance appraisals C) weight requirements D) application forms

Answer: C Explanation: C) In Dothard v Rawlingson, the Supreme Court upheld the U.S. District Court's decision that Alabama's statutory minimum height and weight requirements for the position of correctional counselor had a discriminatory impact on women applicants.

34) You are a human resource manager with a large manufacturing firm. Yesterday you heard one of your recruiters ask an applicant the following question: "How old are you?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on? A) No, it is an acceptable question. B) Yes, Age Discrimination in Employment Act C) Yes, Civil Rights Act of 1991 D) Yes, American with Disabilities Act

Answer: B Explanation: B) The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against individuals who are age 40 or older. Questions asked about an applicant's age or date of birth may be ill-advised. However, a firm may ask for age information to comply with the child labor law. For example, the question could be asked, "Are you under the age of 18?"

33) What is the most significant regulation issued by EEOC? A) Federal Guidelines on Discrimination B) Uniform Guidelines on Employee Selection Procedures C) Adverse Impact Selection Guidelines and Procedures D) Universal Guidelines on Selection and Discrimination

Answer: B Explanation: B) The EEOC is empowered to investigate, conciliate, and litigate charges of discrimination arising under provisions of Title VII. In addition, the commission has the responsibility of issuing procedural regulations and interpretations of Title VII and the other statutes it enforces. The most significant regulation issued by EEOC is the Uniform Guidelines on Employee Selection Procedures.

46) All of the following are provisions of the Immigration Reform and Control Act of 1986 EXCEPT ________. A) employers that hire illegal aliens could face criminal charges B) illegal aliens denied employment visas for at least 180 days C) illegal aliens denied federally funded welfare benefits D) employment eligibility must be verified

Answer: B Explanation: B) The IRCA established criminal and civil sanctions against employers who knowingly hire unauthorized aliens. The Act also makes unlawful the hiring of anyone unless the person's employment authorization and identity are verified. The IRCA denied illegal aliens federally funded welfare benefits.

45) Which law establishes criminal and civil sanctions against employers who hire an individual knowing he or she is an unauthorized alien? A) Illegal Immigration Reform and Immigrant Responsibility Act B) Immigration Reform and Control Act C) Homeland Security Act D) Rehabilitation Act

Answer: B Explanation: B) The desire to stem illegal immigration prompted Congress to enact the Immigration Reform and Control Act (IRCA) of 1986. The IRCA granted amnesty to approximately 1.7 million long-term unauthorized workers in an effort to bring them out of the shadows and improve their labor market opportunities. It also established criminal and civil sanctions against employers who knowingly hire unauthorized aliens.

90) What was the first sexual harassment case to reach the U.S. Supreme Court? A) Dothard v Rawlingson B) Meritor Savings Bank v Vinson C) Phillips v Martin Marietta D) American Tobacco Company v Patterson

Answer: B Explanation: B) The first sexual harassment case to reach the U.S. Supreme Court was the case of Meritor Savings Bank v Vinson in 1986. In the Vinson decision, the Supreme Court recognized for the first time that Title VII could be used for offensive-environment claims. According to the EEOC, specific actions that could create a hostile workplace include a pattern of threatening, intimidating, or hostile acts and remarks, negative sexual stereotyping, or the display of written or graphic materials considered degrading.

23) What Supreme Court case ruled that there is an implied right to sue on a retaliation basis under the Civil Rights Act of 1866? A) Grutter v Bollinger B) CBOCS West Inc. v Humphries C) O'Connor v Consolidated Coin Caterers Corporation D) Wards Cove Packing Company, Inc. v Atonio

Answer: B Explanation: B) There is no statute of limitations to the Act, as evidenced by the fact that it continues to be used today. For example, in 2008, the Supreme Court ruled 7-2 in the case of CBOCS West Inc. v Humphries, that there is an implied right to sue on a retaliation basis under the Civil Rights Act of 1866, even though that law does not explicitly include a cause of action for retaliation. A former African-American Cracker Barrel assistant manager claimed he was fired for complaining to management about race discrimination.

57) Hannigan Lumber employs 155 workers. One of the firm's former employees used the Civil Rights Act of 1991 to file and win a discrimination lawsuit against Hannigan Lumber. What is the maximum amount of punitive damages that the former employee could receive? A) $50,000 B) $100,000 C) $200,000 D) $300,000

Answer: B Explanation: B) Under the Civil Rights Act of 1991, a complaining party may recover punitive damages if the complaining party demonstrates that the company engaged in a discriminatory practice with malice or with reckless indifference to the law. However, the following limits, based on the number of people employed by the company, were placed on the amount of the award: Between 15 and 100 employees—$50,000 Between 101 and 200 employees—$100,000 Between 201 and 500 employees—$200,000 More than 500 employees—$300,000

86) Adverse impact is determined through application of ________. A) affirmative action programs B) the four-fifths rule C) previous court decisions D) EO 11246.

Answer: B Explanation: B) Under the Uniform Guidelines, adverse impact has been described in terms of selection rates, the selection rate being the number of qualified applicants hired or promoted, divided by the total number of qualified applicants. This has also been called the four-fifths rule, which is actually a guideline subject to interpretation by the EEOC.

17) When Walgreens opened a state-of-the-art distribution center in Windsor, Connecticut, the firm had a goal of filling at least one-third of all jobs with ________. A) minority women B) individuals with disabilities C) workers over the age of 55 D) young workers with limited skills

Answer: B Explanation: B) Walgreens recently opened its second state-of-the-art distribution center in Windsor, Connecticut, designed specifically to employ people with disabilities. Its goal is to fill at least one-third of the available jobs with individuals with disabilities.

79) Denise, an accounts manager for a restaurant chain, has filed a discrimination charge with the EEOC. What is the most likely next step in the EEOC process? A) EEOC conducts an investigation. B) EEOC attempts a no-fault settlement. C) EEOC recommends proceeding with litigation. D) EEOC attempts to reach a conciliation between the parties.

Answer: B Explanation: B) When a charge is filed, the EEOC first attempts a no-fault settlement. Essentially, the organization charged with the violation is invited to settle the case with no admission of guilt. Most charges are settled at this stage. Failing settlement, the EEOC investigates the charges, attempts conciliation, and makes recommendations about litigation.

42) Under the Rehabilitation Act, if the contract or subcontract exceeds ________, or if the contractor has ________ or more employees, a written affirmative action program must be prepared. A) $25,000; 25 B) $50,000; 50 C) $100,000; 100 D) $250,000; 250

Answer: B Explanation: B) If the contract or subcontract exceeds $50,000, or if the contractor has 50 or more employees, the employer must prepare a written affirmative action plan for review by the Office of Federal Contract Compliance Programs (OFCCP), which administers the Act. In it, the contractor must specify that reasonable steps are being taken to hire and promote disabled

69) You are a human resource manager with a large manufacturing firm. Yesterday you heard one of your recruiters ask a woman applicant the following question: "Do you plan to have any more children?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on? A) No, Espinoza v Farah Manufacturing Company B) Yes, Phillips v Martin Marietta Corporation C) No, Griggs v Duke Power Company D) Yes, Dothard v Rawlingson

Answer: B Explanation: B) In 1971, the Court ruled in Phillips v Martin Marietta Corporation that Martin Marietta had discriminated against a woman because she had young children. The company had a rule prohibiting the hiring of women with school-age children. A major implication of this decision is that a firm cannot impose standards for employment only on women. Examples of questions that should not be asked are: "Do you have children?" "Do you plan on having any more children?" and "Where does your husband work?"

63) Which Supreme Court decision established that employers must show that an employment practice is job-related? A) Phillips v Martin Marietta Corporation B) Griggs v Duke Power Company C) Albemarle Paper v Moody D) Kaiser Aluminum v Weber

Answer: B Explanation: B) The Griggs v Duke Power Company case continues to be a benchmark case in employment law. In an 8-0 vote, the Supreme Court ruled against Duke Power Company and stated, "If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited." A major implication of the decision is that when human resource management practices eliminate substantial numbers of minority or women applicants, the burden of proof is on the employer to show that the practice is job-related.

21) Which federal legislation is based on the Thirteenth Amendment to the U.S. Constitution? A) Equal Pay Act of 1963 B) Civil Rights Act of 1866 C) Rehabilitation Act of 1973 D) Age Discrimination Act of 1967

Answer: B Explanation: B) The oldest federal legislation affecting staffing is the Civil Rights Act of 1866, which is based on the Thirteenth Amendment to the U.S. Constitution. Specifically, this Act provides that all citizens have the same right "as enjoyed by white citizens. . . to inherit, purchase. . . hold, and convey. . . property, [and that] all persons. . . shall have the same right to make and enforce contracts. . . as enjoyed by white citizens."

28) According to Title VII of the Civil Rights Act of 1964, employers may not discriminate based on ________. A) age B) religion C) disability D) pregnancy

Answer: B Explanation: B) Under Title VII, it is illegal for an employer to discriminate in hiring, firing, promoting, compensating, or in terms, conditions, or privileges of employment on the basis of race, color, sex, religion, or national origin. Other laws address discrimination based on age, disability, and pregnancy.

60) The ________ is a requirement designed to ensure that a soldier who is a returning employee is not penalized for the time spent on active duty. A) protection principle B) universal principle C) escalator principle D) temporary principle

Answer: C Explanation: C) As a general rule, a returning employee is entitled to reemployment in the same job position that he or she would have attained with reasonable certainty if not for the absence to serve in the military. Known as the escalator principle, this requirement is designed to ensure that a returning employee is not penalized (by losing a pay raise, promotion, etc.) for the time spent on active duty, not exceeding five years.

6) According to diversity experts, diversity management requires employers to do all of the following EXCEPT ________. A) develop patience B) keep an open mind C) maintain a quota system D) cultivate cultural awareness

Answer: C Explanation: C) Because every person, culture, and business situation is unique, there are no simple rules for managing diversity; but diversity experts say that employers need to develop patience, open-mindedness, acceptance, and cultural awareness.

93) Which term refers to discrimination against employees based on their obligations to care for family members? A) elderly care discrimination B) family care discrimination C) caregiver discrimination D) religious discrimination

Answer: C Explanation: C) Caregiver or family responsibility discrimination is discrimination against employees based on their obligations to care for family members. The EEOC has issued a technical assistance document on how employers of workers with caregiving responsibilities can avoid violations of Title VII of the 1964 Civil Rights Act.

10) Which term refers to ensuring that factors are in place to encourage the continued development of a productive and diverse workforce by melding actual and perceived differences among workers? A) EEOC management B) affirmative management C) diversity management D) adverse impact management

Answer: C Explanation: C) Diversity management is ensuring that factors are in place to provide for and encourage the continued development of a diverse workforce by melding these actual and perceived differences among workers to achieve maximum productivity.

66) In Phillips v Martin Marietta, the court ruled that the employer discriminated against a woman when it denied her employment because she ________. A) had a permanent disability B) was over 40 years of age C) had young children D) was divorced

Answer: C Explanation: C) In 1971, the Court ruled that Martin Marietta had discriminated against a woman because she had young children. The company had a rule prohibiting the hiring of women with school-age children.

12) Women-owned businesses account for nearly ________ of all enterprises in the market today. A) one-quarter B) one-half C) one-third D) two-thirds

Answer: C Explanation: C) In 2010, for the first time ever, women made up the majority of the American workforce. Women-owned businesses now account for nearly one-third of all enterprises in the market today.

36) In the landmark decision involving ________, the Supreme Court unanimously decided that an employee who was linked to a coworker who made a discrimination charge should also be protected from workplace retaliation. A) Burlington Northern & Santa Fe Railway Co. v White B) Ledbetter v Goodyear Tire & Rubber Co., Inc. C) Thompson v North American Stainless L.P.U.S. D) Phillips v Martin Marietta Corporation

Answer: C Explanation: C) In a landmark decision involving Thompson v North American Stainless L.P.U.S., the Supreme Court expanded the scope of who might bring a retaliation charge. The Court unanimously decided that an employee who was linked to a coworker who made a discrimination charge should also be protected from workplace retaliation. The court's ruling cited the Burlington Northern & Santa Fe Railway Co. v White decision.

77) In which 2003 Supreme Court decision was it said that in trying to achieve diversity, colleges and universities cannot use point systems that blindly give extra credit to minority applicants? A) Adarand Constructors v Pena B) Wards Cove Packing Company, Inc. v Atonio C) Gratz v Bollinger D) Grutter v Bollinger

Answer: C Explanation: C) In the case involving Gratz v Bollinger, the Court, in a 6-3 decision, said that in trying to achieve diversity, colleges and universities could not use point systems that blindly give extra credit to minority applicants. In the case of Grutter v Bollinger, the Court ruled in a 5-4 decision that colleges and universities have a compelling interest in achieving diverse campuses.

13) Managers at Quick Communications have noticed that the firm frequently loses talented female employees after they have children. Which of the following would most likely help the firm retain these female employees? A) offering job rotation opportunities B) expanding healthcare benefits C) offering flexible schedules D) emphasizing diversity

Answer: C Explanation: C) Quick Communications is losing talented employees in whom they have made substantial investments. Flextime, telecommuting, and job sharing have a major impact on retaining women in the workforce. Job rotation, benefits, and diversity are less likely to assist female workers with balancing family and career.

54) All of the following were changes that resulted from the ADAAA being enacted in 2008 EXCEPT ________. A) expanding the definition of "disability" B) eliminating the "substantially limited" requirement C) minimizing protections for current illegal drug users D) defining and expanding the term "major life activities"

Answer: C Explanation: C) The ADA Amendments Act broadened the ADA's definition of disability by expanding the term "major life activities." The law also did away with the "substantially limited" requirement for those regarded as having a disability. The ADA does not protect current illegal drug users.

32) Which of the following agencies is responsible for enforcing Title VII? A) Bureau of Labor Statistics B) Department of Justice C) EEOC D) OFCCP

Answer: C Explanation: C) The Civil Rights Act of 1964 also created the Equal Employment Opportunity Commission (EEOC) and assigned enforcement of Title VII to this agency. Consisting of five members appointed by the president, the EEOC is empowered to investigate, conciliate, and litigate charges of discrimination arising under provisions of Title VII.

52) Which case established that firms may not require pre-employment medical examinations before making hiring decisions? A) Noe v Delta Airlines B) Premeaux v Continental Airlines C) Leonel v American Airlines D) Phelps v Northwest Airlines

Answer: C Explanation: C) The EEOC guidelines on pre-employment inquiries and tests regarding disabilities prohibit inquiries and medical examinations intended to gain information about applicants' disabilities before a conditional job offer. In the Supreme Court case of Leonel v American Airlines, the Court ruled that the airline violated the ADA's required sequence for pre-hire medical inquiries/examinations by making medical inquiries and requiring individuals to take medical examinations before completing and making its hiring decisions.

64) You are a human resource manager with a large manufacturing firm. Yesterday, you heard one of your recruiters ask an applicant the following question: "Have you ever had your wages garnished?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on? A) No, Firefighters Local Union 1984 v Carl W. Stotts B) Yes, Phillips v Martin Marietta Corporation C) Yes, Griggs v Duke Power Company D) Yes, Dothard v Rawlingson

Answer: C Explanation: C) The Griggs v Duke Power Company case significantly affected the HR practices of many firms. Questions in employment procedures that should be avoided if not job-related include credit record, conviction record, garnishment record, and education.

94) As an HR manager at a global electronics firm, you have employees who practice many different religions. As a result, you have a number of employees who are prohibited from working on certain days of the week. Which of the following would be the LEAST appropriate method for accommodating an employee's religious practices? A) voluntary substitutes B) flexible scheduling C) vertical movements D) changes in job assignments

Answer: C Explanation: C) The Guidelines on Discrimination Because of Religion identify several means of accommodating religious practices that prohibit working on certain days. Some of the methods suggested included voluntary substitutes, flexible scheduling, lateral transfer, and change of job assignments. Promoting an employee would not necessarily solve the primary problem.

95) Kelly, an HR manager, has a male employee whose religious practices do not permit him to pay union dues. Which of the following should Kelly most likely ask the employee to do instead of paying union dues? A) work extra hours B) give his personal days to a co-worker C) donate an equivalent amount of money to a charity D) give an equivalent amount of money to his church or synagogue

Answer: C Explanation: C) The Guidelines on Discrimination Because of Religion identify several means of accommodating religious practices. Some collective bargaining agreements include a provision that each employee must join the union or pay the union a sum equivalent to dues. When an employee's religious beliefs prevent compliance, the union should accommodate the employee by permitting that person to make an equivalent donation to a charitable organization.

18) Which of the following is an example of an employer de-skilling a job to make it possible for lower-skilled workers to enter the workforce? A) Burger King paying above the minimum wage B) Walmart offering succession training programs C) McDonald's using pictures on cash register keys D) Target hiring seasonal employees at its warehouses

Answer: C Explanation: C) More jobs can be de-skilled, making it possible for lower-skilled workers to do them. A well-known example of de-skilling is McDonald's use of pictures on its cash register keys.

81) As an HR manager, which of the following would most likely help you make legal employment decisions? A) NACElink Network B) Job Analysis Software C) Uniform Guidelines D) Shared Service Center

Answer: C Explanation: C) The Uniform Guidelines provide a single set of principles that were designed to assist employers in complying with federal prohibitions against employment practices that discriminate on the basis of race, color, religion, sex, and national origin. The Uniform Guidelines provide a framework for making legal employment decisions about hiring, promotion, demotion, referral, retention, licensing and certification, the proper use of tests, and other selection procedures.

61) The Veterans Opportunity to Work Act (VOW) of 2011 makes it ________. A) more likely that returning veterans would have to take a cut in pay when they return to their jobs B) harder for veterans to return to their civilian employment after completing their military service C) easier for employees who are veterans to pursue hostile work environment claims against employers D) harder for employees who are veterans to pursue hostile work environment claims against employers

Answer: C Explanation: C) The Veterans Opportunity to Work (VOW) Act passed in 2011 amended the Uniformed Services Employment and Reemployment Rights Act. It is now easier for employees to sue employers based on hostile work environment claims related to an employee's military status.

87) During 2010, 400 people were hired for a particular job. Of the total, 300 were white and 100 were black. There were 1,500 applicants for these jobs, of whom 1,000 were white and 500 were black. Compute for adverse impact. Does adverse impact exist? A) .76, Yes B) .85, No C) .66, Yes D) .89, No

Answer: C Explanation: C) The success rate for the least-achieving group (often women and minority applicants) is determined by dividing the number of members of a specific group employed in a period by the number of qualified applicants in a period. The success rate of best-achieving group applicants is determined by dividing the number of people in the best-achieving group employed by the number of the best-achieving group applicants in a period. Using this formula, blacks were determined to be the least-achieving group because 100/500 = .2. Whites were determined to be the best-achieving group because 300/100 = .3. Using the adverse formula, you have: .2/.3 = 66.67%. Therefore, adverse impact exists.

88) Elway Tire Company is a large manufacturing firm based in Texas. The highly diverse workforce at Elway requires the HR managers to ensure that all employment practices comply with local, state, and federal laws. Elway is expanding its operations and has recently hired 400 new technicians, of whom 300 were white and 100 were Hispanic. There were 1,500 qualified applicants for the jobs, of whom 1,000 were white and 500 were Hispanic. The HR manager needs to determine if adverse impact exists. Which of the following is a true statement given the facts provided? A) Whites and Hispanics were determined to be equally achieving. B) Whites were determined to be adversely impacted in hiring. C) Hispanics were determined to be the least-achieving group. D) Hispanics were determined to be the best-achieving group.

Answer: C Explanation: C) The success rate for the least-achieving group is determined by dividing the number of members of a specific group employed in a period by the number of qualified applicants in a period. In this case, Hispanics were the least-achieving group because 100/500 = .2. The success rate of best-achieving group applicants is determined by dividing the number of people in the best-achieving group employed by the number of the best-achieving group applicants in a period. In this case, whites were the best-achieving group because 300/1,000 = .3.

31) The burden of proving the necessity for a BFOQ rests entirely on the ________. A) OFCCP B) EEOC C) employer D) employee

Answer: C Explanation: C) According to Title VII, it is not: an unlawful employment practice for an employer to hire and employ employees. . . on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise. The burden of proving the necessity for a BFOQ rests entirely on the employer.

39) Tom is a pilot for Southwest Airlines. According to court rulings, at what age must Tom retire from his job as a commercial pilot? A) 55 B) 60 C) 65 D) 70

Answer: C Explanation: C) Courts have continued to rule that the Federal Aviation Administration adequately explained its longstanding rule that it can force commercial pilots to retire at age 60. The age 60 rule was first imposed in 1959 and was long controversial. However, in 2007, the retirement age for commercial pilots was raised to 65.

11) Creating a supportive work environment in which all people can be effective is a characteristic of ________. A) EEOC guidelines B) affirmative action C) diversity management D) adverse impact management

Answer: C Explanation: C) Diversity management is about pursuing an inclusive culture in which newcomers feel welcome, and everyone sees the value of his or her job. It involves creating a supportive culture in which all employees can be effective. In creating this culture it is important that top management strongly support workplace diversity as a company goal and include diversity initiatives in their companies' business strategies.

99) Which Executive Order amended EO 11246 and changed the word creed to religion and added sex discrimination to the other prohibited items? A) EO 11838 B) EO 10988 C) EO 11375 D) EO 11102

Answer: C Explanation: C) In 1968, EO 11375, which changed the word "creed" to "religion" and added sex discrimination to the other prohibited items, amended EO 11246. These EOs are enforced by the Department of Labor through the Office of Federal Contract Compliance Programs

2) In 2012, President Obama repealed the ________ barring the military from allowing gays to serve openly. A) "live and let live" rule B) "know nothing, speak nothing" rule C) "don't ask, don't tell" rule D) "can do, no can do" rule

Answer: C Explanation: C) In 2012, the president repealed the "don't ask, don't tell" rule barring the military from allowing gays to serve openly.

16) In the aftermath of the 2008-2010 recession, many Baby Boomers are delaying retirement. According to U.S. Bureau of Labor Statistics, ________ will be working in 2022. A) 3.2 million workers 65 and over B) 20.5 million workers 65 and over C) 13.2 million workers 65 and over D) 7.3 million workers 65 and over

Answer: C Explanation: C) Many Boomers will resist retirement, some because they feel healthy enough to continue work and others because their retirement income was hit hard by the economy. The U.S. Bureau of Labor Statistics estimates that 13.2 million workers 65 and over will be working in 2022, up from about 7.3 million today.

1) President Obama decided that the 1996 Defense of Marriage Act that bars federal recognition of same sex marriages ________. A) was constitutional B) was immune from constitutional questions C) was unconstitutional D) was neutral from a constitutional point of view

Answer: C Explanation: C) President Obama decided that the 1996 Defense of Marriage Act that bars federal recognition of same sex marriages was unconstitutional and told the Justice Department to stop defending the law in court, bringing harsh criticism from many congressional members.

27) Comparable worth is best defined as ________. A) performance assessment B) equal responsibility C) pay equity D) merit pay

Answer: C Explanation: C) Since the passage of the Equal Pay Act, there has been much discussion to expand its coverage to include the concept comparable worth, or pay equity. Comparable worth requires determination of the values of dissimilar jobs (such as company nurse and welder) by comparing them under some form of job evaluation, and the assignment of pay rates according to their evaluated worth.

35) The Age Discrimination Act is administered by the ________. A) Department of Justice B) Department of Labor C) EEOC D) OFCCP

Answer: C Explanation: C) The EEOC is responsible for administering the ADEA. The Act pertains to employers who have 20 or more employees for 20 or more calendar weeks (either in the current or preceding calendar year); unions with 25 or more members; employment agencies; and federal, state, and local government subunits.

80) According to the Uniform Guidelines, any instrument or procedure used in the selection decision is considered a(n) ________. A) disparate tool B) appraisal C) necessity D) test

Answer: D Explanation: D) According to the Uniform Guidelines, selection procedures include the full range of assessment techniques from traditional paper-and-pencil tests, performance tests, testing programs or probationary periods, and physical, education, and work experience requirement through informal or casual interviews and unscored application forms. Using this definition, virtually any instrument or procedure used in the selection decision is considered a test.

89) Elway Tire Company is a large manufacturing firm based in Texas. The highly diverse workforce at Elway requires the HR managers to ensure that all employment practices comply with local, state, and federal laws. Elway is expanding its operations and has recently hired 400 new technicians, of whom 300 were white and 100 were Hispanic. There were 1,500 qualified applicants for the jobs, of whom 1,000 were white and 500 were Hispanic. The HR manager needs to determine if adverse impact exists. Which of the following is a true statement given the facts provided? A) Both adverse impact and disparate treatment exist. B) Adverse impact cannot be determined. C) Adverse impact does not exist. D) Adverse impact exists.

Answer: D Explanation: D) Adverse impact is determined by dividing the success rate for the least-achieving group of applicants (100/500 = .2) by the success rate for the best-achieving group of applicants (300/1,000 = .3). Adverse impact exists because 0.2/0.3 = 66.67%. Adverse impact occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

85) Which of the following occurs if women and minorities are not hired at the rate of at least 80% of the best achieving group of applicants? A) disparate treatment B) negligent hiring C) geocentric staffing D) adverse impact

Answer: D Explanation: D) Adverse impact, a concept established by the Uniform Guidelines, occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group. Disparate treatment means that an employer treats some employees less favorably than others because of race, religion, color, sex, national origin, or age.

100) Affirmative action programs involve hiring women or minorities ________. A) in equal numbers B) according to local and state quotas C) according to existing Executive Orders D) in proportion to their representation in the relevant labor market

Answer: D Explanation: D) An affirmative action program is an approach developed by organizations with government contracts to demonstrate that workers are employed in proportion to their representation in the firm's relevant labor market. An affirmative action program may be voluntarily implemented by an organization. In such an event, goals are established and action is taken to hire and move minorities and women up in the organization.

50) Under the Illegal Immigration Reform and Immigrant Responsibility Act, anyone unlawfully present in the United States for one year or more is subject to a ________-year bar for admission to the United States. A) one B) three C) five D) ten

Answer: D Explanation: D) Anyone unlawfully present in the United States for 180 days, but less than one year, is subject to a three-year ban for admission to the United States. Anyone unlawfully present in the United States for one year or more is subject to a 10-year ban from admission to the United States.

78) Lisa believes she has been discriminated against by her employer and intends to file charges with the EEOC. Lisa must file the discrimination charges within ________ days of the alleged act; however, the time is extended to ________ days if a state or local agency becomes involved in the case. A) 50; 100 B) 100; 200 C) 150; 300 D) 180; 300

Answer: D Explanation: D) Charges may be filed by one of the presidentially appointed EEOC commissioners, by any aggrieved person, or by anyone acting on behalf of an aggrieved person. Charges must be filed within 180 days of the alleged act; however, the time is extended to 300 days if a state or local agency is involved in the case.

92) All of the following selection procedures are most likely discriminatory with regard to national origin EXCEPT denying employment based upon ________. A) fluency in English B) foreign training C) foreign education D) job knowledge

Answer: D Explanation: D) Fluency in English requirements may be discriminatory, although firms may require employees to speak only in English if business necessity can be shown. Denying employment opportunities to an individual because of his or her foreign training or education, or practices that require an individual to be foreign trained or educated may be discriminatory. Denying applicants because they lack job knowledge is acceptable.

62) When EEOC regulations conflict with state or local civil rights regulations, which will be followed? A) federal laws B) state laws C) local laws D) the law that favors women and minorities

Answer: D Explanation: D) Numerous state and local laws also affect equal employment opportunity. A number of states and some cities have passed fair employment practice laws prohibiting discrimination on the basis of race, color, religion, gender, or national origin. When EEOC regulations conflict with state or local civil rights regulations, the legislation more favorable to women and minorities applies.

24) Which act prohibits an employer from paying an employee of one gender less money than an employee of the opposite gender where the jobs require equal skills, effort, and responsibility and are performed under similar working conditions? A) Walsh-Healey Act B) Davis-Bacon Act C) Fair Labor Standards Act D) Equal Pay Act

Answer: D Explanation: D) Passed as an amendment to the Fair Labor Standards Act, the Equal Pay Act of 1963 (EPA) prohibits an employer from paying an employee of one gender less money than an employee of the opposite gender, if both employees do work that is substantially the same. The Act was passed largely to overcome the outdated belief that a man should be paid more in society than a woman and covers work within the same physical place of business.

47) When dealing with the national origin provision of the Civil Rights Act, IRCA reduces coverage from fifteen employees to ________. A) ten B) six C) five D) four

Answer: D Explanation: D) The Act also makes unlawful the hiring of anyone unless the person's employment authorization and identity are verified. When dealing with the national origin provision of the Civil Rights Act, IRCA reduces the threshold coverage from 15 employees to 4.

38) Which of the following is NOT true about the Age Discrimination in Employment Act? A) provides for a trial by jury B) applies to anyone age 40 or older C) carries a criminal penalty provision D) applies to firms with at least 10 employees

Answer: D Explanation: D) The Act pertains to employers who have at least 20 employees but not 10. The ADEA provides for a trial by jury and carries a possible criminal penalty for violation. The law prohibits employer discrimination against anyone age 40 or older.

51) The Americans with Disabilities Act prohibits discrimination during ________. A) recruitment and selection only B) layoffs and leaves only C) hiring and firing only D) all employment practices

Answer: D Explanation: D) The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoffs, leaves, benefits, and all other employment-related activities.

48) In 2008, the Americans with Disabilities Act Amendments Act ________. A) excluded millions of people from the ADA's protection B) narrowed the ADA's definition of "disability" C) left the ADA's definition of "disability" unchanged D) brought millions more people within the ADA's projection

Answer: D Explanation: D) The Americans with Disabilities Act Amendments Act (ADAAA) brings millions more people within the ADA's protection. The ADAAA expands the definition of "disability," so that many more applicants and employees are eligible for reasonable accommodations. The ADAAA broadened the ADA's definition of disability by expanding the term "major life activities."

55) Which law amended the Civil Rights Act of 1964 and provided appropriate remedies for intentional discrimination in the workplace? A) Age Discrimination in Employment Act of 1967 B) Americans with Disabilities Act of 1990 C) Rehabilitation Act of 1973 D) Civil Rights Act of 1991

Answer: D Explanation: D) The Civil Rights Act of 1991 amended five statutes: (1) the Civil Rights Act of 1866; (2) Title VII of the Civil Rights Act of 1964, as Amended; (3) the Age Discrimination in Employment Act of 1967, as Amended; (4) the Rehabilitation Act of 1973; and (5) the Americans with Disabilities Act of 1990. The Civil Rights Act of 1991 provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace.

56) Which act codified the concepts of business necessity and job related? A) Immigration Act of 1990 B) Americans with Disabilities Act of 1990 C) Civil Rights Act of 1978 D) Civil Rights Act of 1991

Answer: D Explanation: D) The Civil Rights Act of 1991 served to codify the concepts of business necessity and job-related pronounced by the Supreme Court in Griggs v Duke Power Co.

43) The Rehabilitation Act is administered by the ________. A) Department of Labor B) Department of Justice C) Equal Employment Opportunity Commission D) Office of Federal Contract Compliance Programs

Answer: D Explanation: D) The Office of Federal Contract Compliance Programs (OFCCP) administers the Rehabilitation Act. The EEOC administers many other employee discrimination laws, such as the ADA and ADEA.

41) Kayla, who has dyslexia, is employed by a non-profit organization that has received a $90,000 federal grant. Which law most likely protects Kayla against employer discrimination? A) Uniformed Services Employment Act of 1994 B) Civil Rights Act of 1991 C) Age Discrimination in Employment Act of 1967 D) Rehabilitation Act of 1973

Answer: D Explanation: D) The Rehabilitation Act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of $2,500. Protected under the Act are diseases and conditions such as epilepsy, cancer, cardiovascular disorders, AIDS, blindness, deafness, mental retardation, emotional disorders, and dyslexia.

53) You are a human resource manager with a large manufacturing firm. Yesterday, you heard one of your recruiters ask an applicant the following question: "What previous medical conditions have you experienced?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based on? A) No, Weber v Kaiser Aluminum and Chemical Corporation B) Yes, Age Discrimination in Employment Act C) Yes, Civil Rights Act of 1991 D) Yes, American with Disabilities Act

Answer: D Explanation: D) The guiding principle of the ADA is to ask only about potential employees' ability to do the job, and not about their disabilities. Lawful inquiries include those regarding performance of specific functions or possession of training, while illegal inquiries include those that ask about previous medical conditions or extent of prior drug use.

29) You are an HR manager with a large manufacturing firm. Yesterday, you heard one of your recruiters ask an applicant the following question: "What is your religion?" Would this be an employment standard to avoid? If this is an employment standard to avoid, what law or court decision is it based upon? A) No, it is an acceptable question. B) Yes, Phillips v Martin Marietta Corporation C) Yes, Griggs v Duke Power Company D) Yes, Civil Rights Act of 1964

Answer: D Explanation: D) Under Title VII, it is illegal for an employer to discriminate in hiring, firing, promoting, compensating, or in terms, conditions, or privileges of employment on the basis of race, color, sex, religion, or national origin.

15) According to Professor Ella Bell, what term refers to the stress of coping with membership in two cultures simultaneously? A) minority stress B) cultural stress C) role reversal D) bicultural stress

Answer: D Explanation: D) Ella Bell, professor of organizational behavior at MIT, refers to dual membership in the dominant culture and an ethnic culture as biculturalism. In her study of African-American women, Bell identifies the stress of coping with membership in two cultures simultaneously as bicultural stress. She indicates that role conflict, competing roles from two cultures; and role overload, too many expectations to comfortably fulfill, are common characteristics of bicultural stress.

74) In which case did the Supreme Court allow seniority and promotion systems to stand, although they unintentionally hurt minority workers? A) Firefighters Local Union #1984 v Carl W. Stotts B) Espinoza v Farah Manufacturing Company C) Weber v Kaiser Aluminum Corporation D) American Tobacco Company v Patterson

Answer: D Explanation: D) In American Tobacco Company v Patterson, the Supreme Court allows seniority and promotion systems established since Title VII to stand, although they unintentionally hurt minority workers. Under Griggs v Duke Power Co., a prima facie violation of Title VII may be established by policies or practices that are neutral on their face and in intent, but that nonetheless discriminate against a particular group

Unlawful employment practices

Are those that violate a federal, state, or local employment law, for example by unfairly discriminating against people with legally protected characteristics including pregnancy, religion, or age. ***an employment decision can be unfair without being unlawful.

Latinos as Customers

As potential employees and customers Latinos are a forced to be reckoned with due to their rapid growth. Hispanic buying power increased from $504 billion in 2000 to $978 billion in 2009 and will grow to a projected $1.3 trillion in 2014.

Race norming

Assessment scores cannot be altered or changed to reduce the adverse impact on protected groups. You cannot compare an applicants scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup, it is unlawful.

Racial Socialization

Behaviors, communications, and interactions concerning their cultural heritage and the appropriate responses to racial hostility and discrimination that Black parents model and explain to Black children.

New Racisim

Beliefs that racism no longer exists and that Blacks (or other racial groups) have attained excessive, unfair gains through programs such as affirmative action, resulting in discrimination when opportunity or rationale to do so arises.

How does Human Resource keeps up with the updated legal information?

By updating your knowledge and consulting legal counsels to ensure compliance with current local, state, and federal regulations. The Society for Human Resource Management (SHRM) and association of HRM professionals

What are the effects of having an interracial roommate in general?

Challenge the stereotype and stressful/problematic relationships

National labor relation act of 1935 (NLRA)

Congress enacted this to protect employee and employer rights and to encourage collective bargaining between labor unions and employers.The NLRA was also created to end certain private sector labor and management practices that can harm the general welfare of workers, businesses, and us economy "by depressing wage rates and purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries". It also prohibits retaliation against employees seeing to unionize. In addition to giving workers the right to join unions and bargain collectively, it created a system to arbitrate disputes between unions and employers and prohibits employers from interfering in Union activities

Discrimination

Differential and pejorative actions that serve to limit the social, political, and economic opportunities of members of particular groups.

According to Steele (2010), stigma pressure or stereotype threat:

Could disrupt intellectual performance

Education, Employment, and Earnings

Describe the four ways in which US social policy tries to achieve equality of opportunity.

New Racism

Describes beliefs that racism is a thing of the past and that Blacks have attained excessive unfair gains through programs such as affirmative action

Fair Labor Standards Act (FLSA) of 1938

Established a national minimum wage, overtime rules, recorded ping requirements, and youth employment standards. It covers employees in the private sector and in federal, state, and local governments. The FLSA excludes some jobs from FLSA coverage, making some employees including commissioned salespeople, farm workers, and salaried executives exempt from the overtime pay and minimum wage provisions.

According to Steele's research, our individuality is the primary factor determining our performance, not our social identities

False

Diversity is beneficial only to women and minorities

False

Hispanics have higher return to investment in education, compared with whites

False

Implicit attitude tests directly measure people's conscious reflection on their feelings and thoughts

False

Most people don't hold implicit biases

False

Thomas and Ely (1996) argued that organizations should be color-blind and gender-blind in order to effectively manage diversity.

False

Strategies to reduce propensities to engage in in-group, out-group categorizations include:

Helping group members work to achieve common goals

Fastest Growing Minority Group

Hispanics

History of Hispanics in the United States: 3 Main Groups

History of Hispanics in the United States: 3 Main Groups: 1. Mexicans 2. Puerto Ricans 3. Cubans

The rehabilitation act of 1973

IT REQUIRES EMPLOYERS TO ENGAGE IN AFFIRMATIVE ACTION TO PROMOTE THE HIRING OF INDIVIDUALS WITH A DISABILITY. Qualified individuals with disabilities are people who, with reasonable accommodation can perform the essential functions of the job for which they have applied or have been hired to perform. Reasonable accommodation means an employer is required to take reasonable steps to accommodate a disability unless it would cause the employer undue hardship.

Negligent hiring

Is a tort claim based on the common law concept that an employer has a general obligation not to hire an applicant it know or should have known could harm a third party. Essentially, a company is considered responsible for an employee's damaging actions if it failed to exercise reasonable care in hiring the employee.

Equal employment opportunity (EEO)

Means that employment practices must be designed and used in a manner that treats employees and applicants consistently regardless of their protected characteristics.***Laws do not provide the tools to recognize and break down discrimination barriers, proactively managing diversity is also important.Employment laws define what is expected and required of employers, and clarify what is allowable.They also promote more strategic HRM by focusing on job related qualifications and merit rather than superficial characteristics.Avoiding unfair discrimination helps companies better execute their strategies and reach their goals by

Adverse impact (also called disparate impact)

Occurs when an employment practice has a disproportionate effect on a protected group, regardless of its intent. Employment practices that are facially neutral in their treatment of different groups but that have a significantly adverse effect on a protected group can be legally changed. The only defense for adverse impact is when it can be justified as job related and consistent with business necessity. A job related assessment method predicts performance in the job for which it is used. Example their was a law suit that required a high school diploma and passing score on an aptitude test. 12 blacks filed suit because and won because the company could not show a business necessity for requiring applicants to posses a high school diploma or pass of the shelf intelligence test. SOME ADDITIONAL examples, educational requirements, height, weight, written tests.... HOW TO MEASURE ADVERSE IMPACT= one method is the four-fifths rule, which requires calculating if members of a protected class are selected at a rate less than four-fifths (80 percent) of that another group. For example, imagine that 50 percent of Hispanic applicants receive a passing score on a test, buy only 30 percent of African Americas pass. In this case, the target ratio would be four-fifths of the 50 percent Hispanic applicant, or 40 percent (0.8x50=40 percent Blacks were hired at a rate of 30 percent, which is less than 40 percent, violating the 80 percent rule. If a test is used, assessment scores cannot be altered or changed to reduce the adverse impact on protected groups. According to the civil rights act of 1991 it is unlawful to adjust the scores of , use different cutoff scores for or otherwise alter the results of employment related tests on the basis of race, color, religion, sex, or national origin. This means that race norming, or comparing an applicant's scores only to members of his or her own racial subgroup and setting separate passing or cutoff scores for each subgroup is unlawful.

Prescriptive Stereotyping

Perceptions about how people should behave, based on their group memberships.

Latinos and Black at Work

Preference for immigrants over native-born workers often disadvantage Black workers when they are no longer considered for jobs now filled by Hispanic immigrants.

How does stereotype threat (or stigma pressure) influence women, blacks, and white males?

Pressure on intellectual performance, persistence, finding social identity

The age discrimination in employment act (ADEA) of 1967

Prohibits employers from discriminating against any worker with respect to compensation or the terms, conditions, or privileges of employment because he is age 40 or older.

Protected classes and the laws that protect them?

Race, gender, age, ethnicity, religion, and disabilities

Diversity

Real or perceived differences among people in race, ethnicity, sex, age, physical and mental ability, sexual orientation, religion, work and family status, weight and appearance, and other identity-based attributes that affect their interactions and relationships.

Affirmative action?

Refers to proactive efforts to eliminate discrimination and its past effects.Concerened that ending formal discrimination would not eliminate racism by employers, president Johnson issued EXECUTIVE ORDER 11246 IN SEPTEMBER 1965, REQUIRING EMPLOYERS RECEIVING FEDERAL CONTRACTS TO TAKE PROACTIVE STEPS-AFFIRMATIVE ACTION-TO INTEGRATE THEIR WORKFORCES. EXECUTIVE ORDER 11246 REQUIRES CONTRACTORS WITH FEDERAL CONTRACTS OF AT LEAST $50,000 AND 50 OR MORE EMPLOYEES TO HAVE A FORMAL AFFIRMATIVE ACTION PLAN. The goal of affirmative action is to provide employment opportunities to protected classes, or groups underrepresented in employment.

In terms of access and treatment discrimination, which of the following is true of Hispanics?

Research has shown clear patterns of access and treatment discrimination against Hispanics

Types of lawsuits

Sexual harassment, quid pro quo harassment= if employee refuses to date supervisor and condition of employment or as basis for employment and or advancement decision. Hostile environment harassment-when harassment creates a hostile intimidating or otherwise offensive working environment, the victim can make a claim.

Gender and Race

Socially constructed concepts that denote boundaries between the powerful and less powerful

Seeing positive role models from targeted groups can help reduce biased attitudes against the targeted groups

True

Internalized Racism

The acceptance and belief by members of devalued races in negative messages about their own abilities and intrinsic worth and those of others of the same race.

Diversity and inclusion to business performance

The better you are able to work with all types of people, the more effective you will be in your job.diversity awareness enables you to hire, retain and motivate the best talent which helps maximize your and your organization's performance. Diversity fosters creativity and innovation. Inclusion=means that everyone feels respected and listened to, and everyone contributes to his or her fullest potential.

Neosexism

The conflict between people's reported egalitarian values and their negative attitudes toward women.

What demographic and employment changes have happened as the year 2020 is approaching?

The current workforce is more diverse than it was in the past, but Whites remain the largest numerical group.

Inclusion

The degree to which the different voices of a diverse workforce are respected and heard.

Underemployed, Underemployment

The employment of workers at less than their full potential, including those working part-time, temporary, or intermittent jobs but desiring regular full-time work, those working for lower wages than their skills would indicate or in positions requiring considerably lower skills than they possess, and those involuntarily working outside of their fields.

Labor Force

The number of people employed and unemployed

Social Identity

The part of an individual's self-concept that derives from his or her membership in a social group and the value and emotional significance attached to that group membership.

Labor Force Participation Rate

The ratio between the labor force and the overall size of their cohort (national population of the same age range).

Participation Rate

The ratio of persons age 16 and over who are working or looking for work divided by the population of persons age 16 and over.

Ambivalent Sexism

The simultaneous holding of both hostile and "benevolent" sexist beliefs about women; for example, "women are incompetent at work" and "women must be protected."

Fundamental Attribution Error

The tendency to underestimate the influence of external factors (e.g., situations or circumstances) and overestimate the influence of internal factors (e.g., personal qualities) when evaluating the behavior of out-group members.

Enforcement agencies

The two most important federal agencies for HRM are the 1. Equal Employment Opportunity Commission (EEOC) and 2. the Department of Labor's Office of federal contract compliance programs.

Labor Market Discrimination

The valuation in the labor market of personal characteristics of applicants and workers that are unrelated to productivity.

The worker adjustment and retraining notification act (WARN) of 1988

The warn is

According to the Voices of Diversity article, which of the following is NOT true in the Latino experience?

Their speaking Spanish to Latino colleagues is encouraged

Bona fide occupational qualification (BFOQ)

There are limited situations in which a protected characteristic an be considered this under Title VII and be legally used to make employment decisions. A BFOQ is a characteristic that is essential to the successful performance of a relevant job function, and that the essence of the business operation would be undermined by including or excluding members with a protected characteristic. Only a qualification that affects an employee's ability to perform the job an be considered a BFOQ. For example corrections facilities with gender segregated wards usually require at least one staff member of the same gender as the inmates to always be on duty.***race and color must never be considered BFOQs. Customers preference is also insufficient to justify a BFOQ defense.

Disparate treatment and adverse impact

Title VII prohibits employers from treating applicants or employees differently because of their membership I a protected group. Disparate= is intentional discrimination based on a protected characteristic. Disparate treatment occurs if an employment decision would change if the applicant's race, religion, national origin, color, sex, disability, or age were different.The consistent administration of HRM practices is thought to create an equal opportunity for everyone, no just members of protected classes.

Equal Pay Act of 1963

To promote equal pay for equal work, the equal pay act prohibits discrimination in pay, benefits, and pensions on the basis of an employee's gender. It covers most government employees and employers that engage in interstate commerce. Jobs are considered"equal" when they require substantially the same effort, sill, and responsibility under similar working conditions and in the same establishment. Employers in an industry can pay employees different wages for going the same job,but male and female employees working in the same job in the same company must be paid the same.

According to Bertrand and Mullainathan's study, simply having an African American name (rather than a European American name) on a resume may lower one's chance to enter the job market

True

Because Whites are significantly more likely to be managers than Blacks, the similarity effect tends to advantage White employees and disadvantage Black employees

True

Hispanics can be White, Black, Asian, or other races.

True

Implicit biases can be overridden by learning

True

The uniformed services employment and reemployment right act (USERRA) of 1994

Under the immigration reform and control act, employers must use an I-9 verification form to verify the employability status of every new employee with in three days of hiring. Good ideal to make the job offer contingent on proof of the employment eligibility. For privacy reasons,I-9s must be kept in a folder where managers cannot see them and recruiters and hing managers should be trained on I-9 compliance. The internet based E-verify system operated by the department of homeland security in partnership with the social security administration can help employers determine a person's eligibility to work in the United States.

Statistical Discrimination

Using observable characteristics (e.g., race, sex, age) as proxies for information about the productivity of workers.

Employers may require English-only rules:

When necessary for communications with customers who only speak English

Access Discrimination

When people are denied employment opportunities, or "access" to jobs, based on their race, sex, age, or other factors not related to productivity.

Mexicans

has a long history as indigenous people residing in the Southwest and large parts of Mexico long before the arrival of European Americans.

Employment Hardship

joblessness, involuntary part-time work, and working poverty.

Organizational Experiences

likely to differ compared to white men, confronted with stereotyping and prejudice, relational and systematic barriers include lack of access to networks and mentoring relationships, tokenism, barriers. The earnings and employment experiences of Latinos are strongly affected by their education, English language fluency, nativity, sex, race, and skin color.

How biases can create barriers to equal treatment in the organization? (3-7 Human biases that create barriers to equal employment opportunity)

these are some of the human biases that contribute to discrimination : including predudice

Same-Sex Discrimination

violates Title VII; many state and local antidiscrimination laws outlaw same-sex discrimination and harassment in the workplace