Ch. 2 - Questions

Agencies that regulate fair employment practice exist at which level? A. federal B. state C. local D. all of these

all of these

Employers can use which of the following techniques without violating the Age Discrimination in Employment Act. A. using reasonable factors other than age in making employment decisions B. using seniority systems C. using terms or phrases that express a preference for older workers D. all of these

all of these

Which of the following is prohibited discrimination under civil rights law? A. discrimination in hiring B. discrimination in compensation C. discrimination in classification D. all of these

all of these

Disparate treatment focuses on _________. A. allegations and evidence about the effects of discriminatory actions B. allegations and evidence about intentions to discriminate C. adverse impact D. quotas

allegations and evidence about intentions to discriminate

Enforcement mechanisms used by the OFCCP _________. A. rarely involve employer site visits B. are identical to those used by the EEOC C. are unrelated to specific AA plans D. may involve conciliation agreements

may involve conciliation agreements

The primary source of common law is ________. A. the Constitution B. federal statutes C. past court decisions D. federal agency guidelines

past court decisions

When using stock statistics in job selection discrimination cases, the comparison being made is __________. A. differences in proportions of groups hired B. percentages of groups concentrated in certain job categories C. percentages of groups in job categories relative to their availability in the population D. percentages of union versus non-unionized employees

percentages of groups in job categories relative to their availability in the population

The Age Discrimination In Employment Act (1967) prohibits discrimination against individuals who are ____ years or older. A. 40 B. 50 C. 60 D. 65

40

The Age Discrimination in Employment Act focuses on individuals over the age of _________. A. 40 B. 30 C. 20 D. 50

40

Which of the following is true regarding EEO laws? A. State (but not local) government employees are immune from lawsuits by employees who allege violation of ADA or ADEA. B. States must pursue age and disability discrimination claims under applicable state laws. C. A foreign company which is owned or controlled by an American employer and is doing business overseas generally also must comply with Title VII, the ADA, and the ADEA. D. All of these

All of these

Which of the following factors increase the likelihood that a worker will be considered an independent contractor? A. The independent contractor works without supervision or oversight from the employer B. The independent contractor sets his or her own work hours C. The independent contractor is paid by the project rather than by the time spent D. All of these.

All of these.

What can employers do to ensure that permatemps, that is, individuals from staffing firms who have long-term relationships with an employer, are not considered employees of their firm? A. Never exercise direct control over these people and treat them separate from regular employees. B. Ensure they provide sufficient training and supervision. C. Provide permatemps with special hats indicating their status as temporary. D. None of these is correct.

Never exercise direct control over these people and treat them separate from regular employees.

Which of the following is true regarding H-1B visas? A. Employers may apply for permanent H-1B visas for foreign workers. B. There is a cap of 50,000 workers per year who can obtain such visas. C. H-1B visa holders may not change jobs as soon as their employer files an approval petition and they are restricted to their current geographic area. D. None of these

None of these

Which of the following is(are) true regarding federal EEO/AA laws? A. They are very narrow in their coverage of employers. B. Specific agencies exist which regulate administration and enforcement. C. They cover only women, minorities, and certain religious groups. D. None of these is true.

Specific agencies exist which regulate administration and enforcement.

Which of the following statements is true regarding the laws and regulations which govern the employment relationship? A. Their purpose is to create a reasonable balance of power between the employer and employee. B. Their purpose is to create a reasonable power advantage for employees. C. Their purpose is to create a reasonable power advantage for employers. D. Their purpose is to provide protections for employees only.

Their purpose is to create a reasonable balance of power between the employer and employee.

Which of the following is true regarding temporary employees? A. Temporary employees are considered to be employees of the organization which is using their services, not the temporary help agency. B. During job assignments, temporary workers are on the payroll of the organization using their services. C. Use of temporary workers can often raise issues of "co-employment." D. All of these are correct.

Use of temporary workers can often raise issues of "co-employment."

Which of the following statements is true regarding independent contractors? A. An independent contractor is a legal employee of the company which hired him/her. B. Using an independent contractor increases the employer's exposure to laws and regulations governing the employment relationship. C. Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees. D. Using an independent contractor substantially increases the right of the employer to control the contractor.

Using an independent contractor frees an employer from the tax withholding and tax payment obligations it has for its employees.

Which of the following is true regarding discrimination on the basis of sexual orientation? A. there are no laws covering sexual orientation discrimination B. federal law prohibits all discrimination on the basis of sexual orientation C. although such discrimination is not covered by federal law, it is covered by some state and local laws D. some state and local laws encourage discrimination on the basis of sexual orientation

although such discrimination is not covered by federal law, it is covered by some state and local laws

Which of the following is not prohibited by the ADA? A. medical exams of job applicants B. asking a job applicant is he/she is disabled C. asking a job applicant to undergo a medical exam after a job offer has been made D. refusing to interview a person who is disabled

asking a job applicant to undergo a medical exam after a job offer has been made

The legal status of seniority and merit systems is that ________. A. seniority is legal B. merit systems are legal C. both are legal D. both are illegal

both are legal

Regarding employment contracts, _________. A. both written and oral contracts are enforceable B. employment-at-will is defined under set-term contracts C. most employees have a contractual right to be discharged only for cause D. all of these are correct

both written and oral contracts are enforceable

In EEOC cases, a consent decree is _________. A. mandated by law B. court approved C. limited to non-monetary relief D. limited to affirmative action remedies

court approved

Which of the following is not covered by the Civil Rights Act? A. race B. sex C. disability status D. all of these are covered by the Civil Rights Act

disability status

The most prevalent form of the employment relationship is _________. A. independent contractor B. employer-employee C. temporary employee D. employer-employer

employer-employee

An example of an exception to the principle of employment-at-will would be __________. A. employers cannot discharge employees on the basis of poor performance B. employers cannot discharge employees on the basis of race C. employers cannot discharge employees for stealing from the company D. none of these

employers cannot discharge employees on the basis of race

The common law principle which states that, in the absence of any contract language to the contrary, either the employer or employee may terminate the employment relationship at any time is called _________. A. employment-at-will B. affirmative action C. equal employment opportunity D. a consent decree

employment-at-will

Executive Order 11246 covers __________. A. local government employers B. private employers with under 15 employees C. federal contractors with contracts in excess of $10,000 D. private employers with 20 or more employees

federal contractors with contracts in excess of $10,000

Noncompliance with the Immigration Reform and Control Act (1986) could result in ___________. A. imprisonment for up to six months B. fines equal to $50,000 for each unauthorized alien employed C. summary closing of a business D. imprisonment of the alien for up to five years

imprisonment for up to six months

The role of federal agencies is to ___________. A. develop, create, and implement the law B. interpret, administer, and enforce the law C. facilitate greater communication between courts D. render decisions in court cases regarding employment law

interpret, administer, and enforce the law

The essence of a BFOQ is that __________. A. it is always illegal B. it reduces discrimination C. it justifies discrimination based on reasonable necessity of the job D. it prohibits selection through use of a protected characteristic (e.g., gender)

it justifies discrimination based on reasonable necessity of the job

Due process rights have their primary source in _________. A. EEOC guidelines B. federal statutes C. state statutes D. the U.S. Constitution Amendments

the U.S. Constitution Amendments

Where the Americans with Disabilities Act is concerned, _______. A. the law only applies to disabled individuals who are otherwise qualified B. the law requires the hiring of all disabled people C. the law prohibits refusal to hire a disabled person D. the law provides advantages to disabled people

the law only applies to disabled individuals who are otherwise qualified

Where reasonable accommodations for disabled individuals are concerned, it can be said that ________. A. accommodation is always required for an otherwise qualified individual B. specific examples of accommodations are rarely indicated in laws and regulations C. the issue of "undue hardship" to the employer is not addressed by the law D. the need to accommodate often hinges on whether or not a given job function is necessary or essential

the need to accommodate often hinges on whether or not a given job function is necessary or essential

Regarding the use of tests in staffing, it can be said that _______. A. they are permitted by law B. they are illegal C. they should be adjusted by protected characteristics to be fair D. they should be "race normed" for fairness

they are permitted by law

The key to a successful rebuttal in a disparate treatment case is _________. A. to prove adverse impact B. to provide nondiscriminatory reasons for the practice(s) in question C. to show the presence of a "mixed motive" D. to prove discrimination

to provide nondiscriminatory reasons for the practice(s) in question

A _________ is a civil wrong that occurs when the employer violates a duty owed to its employees or customers that results in harm or damages. A. tort B. crime C. constitutional law violation D. failure of due process

tort

The initial burden of proof in discrimination claims lies ______. A. with the defendant B. with the court C. equally with the court and the federal agency D. with the plaintiff

with the plaintiff

Statutory law is derived from _________. A. court cases B. the U.S. constitution and its amendments C. written documents passed by legislative bodies D. agencies at the federal, state and local levels

written documents passed by legislative bodies