Exam One / Chapter Four

Most of the EEO laws and executive orders dealing with federal contractors contain the requirement of affirmative action for those with contracts of at least:

$10,000

Company's moral concerns about health of future children is not sufficient to bar women from employment

Auto Workers v. Johnson Controls (1991)

Company must insure that all parts of a multiple-step selection program have no disparate impact

Connecticut v. Teal (1982)

What is the regulatory agency in charge of the enforcement of Title VII?

Equal Employment Opportunity Commission (EEOC)

The Department of Labor is responsible for the enforcement of which of the following?

Executive Order 11246

An affirmative action program is a requirement for contractors who have more than $10,000 in business with the government and more than 50 employees under:

Executive Order 11246.

All federal government contractors must have affirmative action plans.

False

An affirmative action goal is the same as a quota.

False

Court decisions regarding ADA interpretation must be in line with congressional intent when the law was passed.

False

Demonstrating that not using the selection requirement would result in great cost or loss of business to the firm has generally been found adequate for establishing "business necessity."

False

Homosexuality is considered a disability according to the Americans with Disabilities Act.

False

It is the responsibility of the employer to question job applicants to determine if they have disabilities that must be accommodated.

False

Lack of discrimination intent is sufficient defense in a court case of disparate treatment discrimination in selection.

False

OFCCP (Office of Federal Contract Compliance Programs) is responsible for the enforcement of the Age Discrimination in Employment Act of 1967.

False

Only scored selection tests are addressed in the Uniform Guidelines on Employee Selection Procedures.

False

Race norming is considered an acceptable practice according to the Civil Rights Act of 1991.

False

Since 2009, sexual preference discrimination is covered under Title VII of the Civil Rights Act of 1964.

False

Sometimes under EEO there is a legal requirement to hire unqualified applicants to increase the "numbers" of specific groups.

False

The "glass ceiling effect" refers to an employer's effort to intentionally create barriers that impede the advancement of women and minorities to higher positions.

False

The Age Discrimination in Employment Act eliminates trials by jury.

False

The Americans with Disabilities Act allows pre-employment inquiries about a person's disability.

False

The Americans with Disabilities Act does not consider mental retardation and specific learning disabilities "mental impairments".

False

The Americans with Disabilities Act protects active alcoholics who cannot perform their job duties from employment discrimination.

False

The Immigration Reform and Control Act of 1986 makes employers liable for knowingly and unknowingly employing any alien not authorized to work in the United States.

False

The burden of proof is initially on the defendant in either a disparate treatment or a disparate impact discrimination case.

False

The federal agency that regulates personnel activities and discrimination in the workplace covered by Title VII is the Department of Labor.

False

The legal burdens for both plaintiffs and defendants are the same regardless of whether the case is heard as a disparate impact or a disparate treatment case.

False

Title VII of the Civil Rights Act of 1964 prohibits, among other things, discrimination on the basis of marital status in the workplace.

False

To establish a prima facie case, a person needs only to show that he/she belongs to a racial minority and that he/she was rejected for the job.

False

Selection test must be job-related if disparate impact results

Griggs v. Duke Power (1971)

How does federal regulation of recent years differ from historical regulation?

It is not specific to any industry, but rather applies to many.

In disability cases, organization must prove that individual cannot perform job

OFCCP v. Ozark Air Lines (1986)

What is the current status of voluntary affirmative action programs?

Organizations must meet specific criteria in order to establish these programs.

Which of the following has been shown to cause disparate impact?

Requiring a high school diploma requirement for entry-level positions.

What is disparate impact?

Selection standards are applied uniformly to all groups, but the net result is to produce differences in the selection of various groups

Company's burden of proof against adverse impact diminishes as human risk increases

Spurlock v. United Airlines (1972)

______________ enforces executive orders.

The Department of Labor

Which of the following is TRUE about the Uniform Guidelines on Employee Selection Procedures?

They are given great deference by the courts when considering discrimination cases.

"Reasonable accommodation" does not require preferences be awarded to persons with disabilities.

True

A "qualified individual with a disability" refers to an individual with a disability that with or without reasonable accommodation can perform the "essential functions" of the job.

True

ADEA stands for Age Discrimination in Employment Act.

True

All organizations are required to keep information about the demographic characteristics of applicants and hires.

True

Employers may ask that individuals with disabilities request in advance any accommodations necessary to take employment tests.

True

Executive Order 11246 prohibits discriminatory acts and is directed toward contractors doing more than $10,000 per year in business with the federal government.

True

Flow statistics compare proportions taken at two points in time.

True

Generally, the disabled person is responsible for informing the employer that accommodation is needed.

True

In voluntary affirmative action programs, preferential treatment given one group may be interpreted as reverse discrimination by another group.

True

It is not an unfair employment practice to prefer to select or recruit an individual who is a citizen of the U.S. instead of another individual who is a noncitizen.

True

One option for an organization accused of illegal discrimination is to conduct a validation study to support the organization's contention that the selection instruments are job related.

True

Pre-employment medical examinations can be given to applicants only after a job offer is made.

True

Private clubs are not covered by Title VII of the Civil Rights Act of 1964.

True

Race norming is the practice of ranking test scores of minorities separately from non-minorities and of choosing high scores within each group in order to create or maintain a more diverse workforce.

True

Rehabilitated drug users are protected by the Americans with Disabilities Act.

True

Small businesses are exempt from many of the EEO laws and directives.

True

Statistical data are a major part of disparate impact cases.

True

Stock statistics compare groups at one point in time.

True

The ADA Amendments Act of 2008 makes it easier for plaintiffs to make a case for disability.

True

The Americans with Disabilities Act does NOT consider drug testing a medical examination.

True

The Civil Rights Act of 1991 amends the Civil Rights Act of 1964.

True

The Uniform Guidelines on Employee Selection Procedures serve as a primary reference for court decisions.

True

Under the Uniform Guidelines on Employee Selection Procedures skills and abilities easily learned during a brief training program are not acceptable as selection requirements.

True

Voluntary affirmative action programs are controversial and can lead to claims of reverse discrimination.

True

charge of discrimination can be embarrassing for an organization.

True

Validation must reflect selection decision practices

U.S. v. Georgia Power (1973)

Cases focusing on subjective selection devices (e.g., interviews and judgments) could be heard as disparate impact cases

Watson v. Ft. Worth Bank & Trust (1988)

The Civil Rights Act of 1866 covers which of the following private employers?

all of them (15,25, 50 or more)

The first response by the EEOC after a charge of discrimination has been filed is to:

attempt to negotiate a no-fault settlement.

What are the three options an employer has for defense in an adverse impact discrimination case?

business necessity, validity, BFOQ (bona fide occupational qualification

Which of the following is not prohibited by Title VII of the Civil Rights Act of 1964?

discrimination on the basis of sexual preference

An intention to discriminate must be shown to provide evidence for which kind of discrimination?

disparate treatment

hich of the following criteria can be used for framing a BFOQ (bona fide occupational qualification) defense?

gender

What determines the relevant labor market for an organization?

geographical location, skill level

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against which of the following?

individuals 40 and over

"Qualified individual with a disability" refers to which of the following?

individuals with a disability, who, with or without reasonable accommodation, can perform the essential functions of the job

Requirements drawn from higher-level jobs are permissible only if it can be documented that a majority of individuals move to higher-level jobs within a reasonable time period. What do the Uniform Guidelines on Employee Selection Procedures define as a reasonable time period?

no more than 5 years

he Uniform Guidelines on Employee Selection Procedures requires organizations to keep information about the demographic characteristics of applicants and hires. These records must be kept for which groups?

only those groups that constitute at least 2% of the relevant labor market

Disparate impact may be indicated even if the four-fifths rule is satisfied. This would be due to which of the following?

sample size

A lawsuit charging illegal discrimination against homosexuals could be filed under which of the following:

the Fifth or Fourteenth Amendments to the Constitution

Which of the following is the rule-of-thumb used by the courts to determine discrimination?

the four-fifths rule

The Americans with Disabilities Act covers which of the following employers?

those with 25 or more employees

What is the major difference between stock and flow statistics?

timing of comparisons

Which of the following is considered acceptable according to the Uniform Guidelines on Employee Selection Procedures?

using requirements drawn from higher-level jobs if the majority of individuals move to the higher-level job within a reasonable period of time

A charge of discrimination must be filed how soon after an alleged act?

within 180 days

Which of the following organizations is not covered by Title VII of the Civil Rights Act of 1964?

work with the plaintiff to develop a strategy to seek justice.