Topic 2 Introduction to the Legal Environment of HR

What does Title VII not prohibit employers from doing? Hiring individuals based on race Basing employment decisions on valid tests Discriminating against individuals in terms of compensation Segregating employees

Basing employment decisions on valid tests

Women, Asians, African Americans, Pacific Islanders, Native Americans/Alaskans, people with disabilities and ________________ are covered under affirmative action.

veterans

The original reasoning behind the Civil Rights Act of 1964 was to protect Black Americans. When were all races included in the Civil Rights Act? 1970 1980 1964 1977

1964

When was Title VII included in the Civil Rights Act of 1964? 1990 1967 1964 1972

1964

The federal agency created by the Civil Rights Act of 1964 is the Equal Employment Opportunity Commission (EEOC). When was the EEOC given the authority to enforce the rights given in the Civil Rights Act? 1964 1972 1984 1970

1972

When was religion first defined in Title VII of the Civil Rights Act? 1964 1970 1990 1972

1972

When was the EEOC (Equal Employment Opportunity Commission) which is the agency created by the Civil Rights Act of 1964 given authority to enforce the laws of the Civil Rights Act of 1964? 1972 1984 1964 1961

1972

To protect older workers from potential abuse and to prevent employers from circumventing the ADEA protections, the Older Workers Benefit Protection Act was passed in what year? 1990 1967 1985 1998

1990

When the ADA was originally passed by Congress, how many employees did an organization or company have to have to fall under the ADA law? 25 10 15 1

25

How does the ADA define a qualified individual? Any person that can fill out an application form and complete the interview well A person who has good education or has graduated from a university and has a degree A person who has good ideas and motivation A person who has the necessary skills for the essential function of the job

A person who has the necessary skills for the essential function of the job

What is an affirmative action plan? A plan to modify current employment practices to increase barriers to opportunity A plan for only public employers to make efforts to hire and promote women and minorities A plan for government contractors to make efforts to hire women and minorities A plan to increase adherence to Title VII

A plan for government contractors to make efforts to hire women and minorities

What did Affirmative Action provide that Title VII did not? A way to enforce non-discriminatory practices by police force Programs that required all companies, not just government, to comply with non-discriminatory practices A way to enforce non-discriminatory practices by way of administrative action Programs to require organizations to comply with non-discriminatory practices

A way to enforce non-discriminatory practices by way of administrative action

What is affirmative action? Action by employers to overcome having too many minorities in their company Action by employers to overcome discrimination in their practices Action by employers to create barriers to minorities Action by employers to create better, more cost-effective programs and practices

Action by employers to overcome discrimination in their practices

Affirmative action is defined as: A strategy to help promote recognition and respect for individual differences found within the organization Describes the extent to which each person in the organization feels welcomed, respected, supported, and valued as a team member Similarities and differences between individuals Action taken by an employer to overcome discriminatory effects of past or current practices

Action taken by an employer to overcome discriminatory effects of past or current practices

In 1961, President Kennedy signed Executive Order 10925. What term did this order focus on? Equal Employment Opportunity Adverse Impact Affected Class Affirmative Action

Affirmative Action

What are the ages of workers protected by the ADEA now? Ages 40-85 Ages 40 and above Ages 40-64 Ages 35 and above

Ages 40 and above

As part of their mission the EEOC enforces which of the following? Working condition statutes Anti-discrimination statutes Child labor laws Job training for protected class

Anti-discrimination statutes

With regard to HR, what is the definition of a "test"? Anything used to decide a person's ethnicity Anything used to make an employment decision Only interviews and applications Only written tests and drug tests

Anything used to make an employment decision

What does bona fide occupational qualification (BFOQ) mean? An unintentional effect on a member of a protected group An overriding business reason - often related to safety - for the discriminatory practice Characteristic that is necessary to successfully perform the job Presenting enough evidence to suggest that a discriminatory practice has occurred

Characteristic that is necessary to successfully perform the job

Title VII is included in which piece of legislation? Equal Employment Opportunity Act Civil Rights Act Fair Labor Standards Act Employment Relations Acts

Civil Rights Act

What was the Civil Rights Act of 1964 law intended to do? Take away employers' free will Curb societal beliefs that people are different based on their physical appearance Only protect people on the basis of color and race Make it so employers couldn't decide who to hi

Curb societal beliefs that people are different based on their physical appearance

The principle of employment-at-will states that employers can terminate ______________ If they can show just cause. For any (non-discriminatory) reason. After review of personnel records. If economic need is demonstrated.

For any (non-discriminatory) reason.

Instead of including age in Title VII of the 1964 Civil Rights Act, what did Congress decide to do at the time? Decided to conduct an investigation to see if age discrimination was a problem Decided there was too much discrimination against age and it would need a separate vote to figure out how to handle it Decided age discrimination wasn't an issue and didn't look into it for many years Decided to put it to a vote at the next session of Congress

Decided to conduct an investigation to see if age discrimination was a problem

What is the first thing an employer must do if an employee asks for an accommodation because of a work-religion conflict? Give the employee their requested accommodation Determine if the conflict is indeed a religious one Do nothing Tell the employee to figure out how to make their religion and work duties function together

Determine if the conflict is indeed a religious one

The effect of the ADA was to standardize and nationalize employment protections for the qualified disabled employee in both the public and private sectors. What organization has the enforcement power to back up the protections written in the ADA? ADA AA Title VII EEOC

EEOC

True or False: Age was originally included in Title VII of the 1964 Civil Rights Act.

False

True or False: It is okay to have an occasional joke about race in the workplace as long as the victim is a participant.

False

True or False: Race and color are the same thing.

False

True or False: Stereotyping how men or women should act is not included in gender discrimination.

False

True or False: The EEOC only conducts enforcement for Title VII of the Civil Rights Act of 1964.

False

True or False: Title VII specifically prohibits any form of harassment.

False

With some exceptions, the ADEA prohibits employers from requiring employees to retire at a certain age. Which of the following is an exception? Electricians Construction workers Oil rig operators Firefighters

Firefighters

The EEOC's definition of race and color encompasses all of the following, except: Gender Physical characteristics Ancestry

Gender

To be considered sexual harassment of gender discrimination, the harassment must involve at the very least: Sexual motives Requests for sexual favors Sexual behaviors Harassment directed at an employee because of gender

Harassment directed at an employee because of gender

An agreement created through the actions of the employer and employee is a(n) ________ contract. Implied Bilateral Expressed All of the above

Implied

When an employee is fired without the manager following the procedures in the employee handbook, and there is no language in the handbook that can protect the employer from firing at will, the employee that was fired can take the employer to court based on which exception to the at-will doctrine? There is no exception Implied contract Public policy Implied covenant of good faith and fair dealing

Implied contract

There are three exceptions to the at-will doctrine. Which exception to the employee at-will doctrine is only valid in a handful of states? Actual contract Public policy Implied contract Implied covenant of good faith

Implied covenant of good faith

What president gave civil rights legislation to Congress in 1963? President Lincoln President Kennedy President Johnson President Eisenhower

President Kennedy

Which president implemented the Philadelphia Plan, which required contractors to establish specific goals and timetables for correcting imbalances in employment practices? President Johnson President Nixon President Kennedy President Franklin D. Roosevelt

President Nixon

What does common law not give to or require of the courts? Power to exercise equity Overly strict adherence to law Lenient adherence to law Power to exercise fairness

Lenient adherence to law

Cody, a black male employee, is performing below expectation in his job as manager. The company: Should give Cody a positive performance evaluation in order to avoid a Title VII racial discrimination claim. Should ensure that Cody has a black supervisor to avoid Title VII liability. May face Title VII liability if it gives Cody a positive performance evaluation and then later terminates him for poor job performance. Will face Title VII liability if Cody gets a negative performance evaluation.

May face Title VII liability if it gives Cody a positive performance evaluation and then later terminates him for poor job performance.

Which of the following groups would NOT be included as part of an affirmative action plan? Middle Eastern Americans Women Native Americans People with disabilities

Middle Eastern Americans

Which is the only state that does not embrace the doctrine of employment at-will? Colorado Wyoming Utah Montana

Montana

Birthplace is an example of what protected class? National Origin Color Ethnicity Race

National Origin

On June 25, 1941, President Franklin D. Roosevelt issued Executive Order 8802. The executive order declared full participation by all U.S. citizens (regardless of race, creed, color, or national origin) in what...? National defense programs Anti-discrimination practices Affirmative action practices Social Security and Medicare programs

National defense programs

Employees may leave a company without giving a reason or notice under the ________________ doctrine.

employment at will

Yes or No: If a disabled person has the necessary skills to perform the essential functions of the job, but his/her condition poses a direct threat to the safety of others, does the ADA consider this person qualified for the job? No Yes

No

Which of the following are benefits of a diverse workforce (pick all that apply)? Increases creativity Enhances communication Decreases pay inequality Nurtures innovation

Nurtures innovation; Increases creativity

When an employee is fired for refusing to break the law, this is an example of which type of exception to the employment at-will doctrine? Implied contract Public policy Implied covenant of good faith and fair dealing It is not an exception

Public policy

What kind of accommodation must an employer make for a disabled person, to be in accordance with the ADA law? Any accommodation necessary Whatever accommodation the disabled employee wants No accommodation Reasonable accommodation

Reasonable accommodation

Which of the following is NOT a step in an organization's affirmative action plan? Reasonable self-analysis Reasonable action Reasonable rationale for taking action Reasonable quotas

Reasonable quotas

Title VII protects individuals against employment discrimination on the basis of: Gender, race, color, national origin, religion Religion, sex, race, color, national origin Religion, sex, age, color, national origin Race, color, national origin, sexual orientation, religion

Religion, sex, race, color, national origin

Modern employment at-will guarantees all of the following except: That employers can fire employees except for discrimination reasons That employees can quit their jobs at any time That employers can fire their employees for any reason That employers can hire employees for any reason

That employers can fire their employees for any reason

Who makes the final decision as to whether a law complies with the provisions of the U.S. Constitution? Lawyers The Supreme Court The House of Representatives The Senate

The Supreme Court

What is the supreme law of the land in the United States? Common law The United States Constitution State law Federal law

The United States Constitution

All of the following conditions are required to constitute an incident of sexual harassment except: The actions are unwanted. The actions are directed at an employee because of his or her gender. The actions create a hostile environment. The actions involve physical contact.

The actions involve physical contact.

In today's culture, Muslims seem to be facing more discrimination than other religious groups. What seems to be a cause for this increase? Their manner of dress Their religious practices The change in immigration patterns and the events of 9/11 Their beliefs

The change in immigration patterns and the events of 9/11

In the United States, the employment relationship is governed by what? Employees and management Non-profit organizations The organizations The law

The law

As businesses become more global in nature, employing people with a variety of thinking styles, personalities, cultural, racial and ethnic backgrounds is important. This workforce could be described as having _______________. diversity

diversity

What must an employee be able to show to establish a claim of age discrimination? Their employer has at least five employees They were treated less favorably than another younger employee They are over 35 years old They are under 65 years old

They were treated less favorably than another younger employee

An implied contract can be created by all of the following actions, except... Through employer's handbooks, policies and practices Through oral assurances to an employee Through non-formal contract negotiation and documentation Through a formal contract negotiation and documentation

Through a formal contract negotiation and documentation

The EEOC acts as the enforcement agency for ____________ that protects people from discrimination based on sex, religion, race, national origin and color.

Title VII of the Civil Rights Act

Title VII makes it illegal for employers to do many things. Which of the following is NOT illegal under Title VII of the Civil Rights Act of 1964 To segregate employees in a way which deprives them of employment opportunities To not hire an individual because they are not qualified Refusal to hire an individual because of their race To discriminate with respect to privileges of employment based on religio

To not hire an individual because they are not qualified

What is a main function of the United States Constitution? To provide fundamental rights to citizens To give full power to the government To create strict laws in the courts To provide citizens with full power

To provide fundamental rights to citizens

Under the 1978 Pregnancy Discrimination Act (PDA) of Title VII, employers must: Establish a predetermined length of time for the employee to stay at home with the baby after birth Provide a health insurance plan that covers pregnancies at a discounted price Treat women who are pregnant in the same manner as others with similar ability or inability to work Treat pregnant women with special consideration above others with similar limitations

Treat women who are pregnant in the same manner as others with similar ability or inability to work

True or False: Employees may not demand a particular accommodation other than a reasonable one offered by the employer.

True

True or False: One function of the Constitution is to guarantee fundamental rights to citizens.

True

True or False: The ADA does not require an employer to hire a person with a disability if they are not qualified.

True

True or False: The ADA's definition of a disability includes a person being perceived as having a physical or mental impairment.

True

True or False: The idea of religious liberty is very much ingrained in American social and political life.

True

True or False: The word "sex" was only inserted into the Title VII of the Civil Rights Act of 1964 right before the passage of it.

True

True or False: Title VII of the Civil Rights Act makes it unlawful for an employer to pay someone less based on his/her religion.

True

What is not an exception established by common law for the employment at-will doctrine? Formal contract exception Implied contract exception Public policy exception Implied covenant of good faith

What is not an exception established by common law for the employment at-will doctrine? Formal contract exception Implied contract exception Public policy exception Implied covenant of good faith

What is causing the employment at-will doctrine to erode away? The employers have too much power The employees have too much power Employees are fighting too much with the employers Wrongful discharge lawsuits

Wrongful discharge lawsuits

When employers are urged to make up for historical discrimination, they are exercising _______________.

affirmative action

Religious discrimination goes beyond considering only employees' faith but also extends to protecting their __________.

closely held beliefs

A company's employee handbook with its description of policies and processes can be misconstrued as a(n) ____________.

implied contract

The Acme Widget Company strives to create an environment in which all employees feel they belong. The term for such a goal is __________________.

inclusion

A diverse workforce increases the company's likelihood of success through creativity and _______________.

innovation

When an employee has informed a governmental agency of the company's wrongdoing, the employer cannot (for this reason only) let the employee go. This exception to a rule is called the _________________.

public policy exception