Global HRM Chapter Two
Which of the following is used by lawyers in disparate impact cases to show intentional disparate treatment?
McDonnell-Douglas test
Which of the following is responsible for implementing Johnson administration Executive Orders 11246 and 11375?
Office of Federal Contract Compliance Programs
Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a co-worker. The employee claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the employee. Which of the following, if true, would best support the plaintiff's argument that Sanders is liable for sexual harassment?
Sanders lacks a management response system for handling sexual harassment complaints.
What is the most common next step in the EEOC enforcement process after a person files an employment discrimination claim?
The EEOC either accepts or refers the charge.
Which law allows an employer to claim that an employment practice is a bona fide occupational qualification for performing the job?
Title VII of the 1964 Civil Rights Act
Which legislation was responsible for the creation of the Equal Employment Opportunity Commission?
Title VII of the 1964 Civil Rights Act
If a person is in a protected class, he or she is protected by which of the following?
Title VII of the Civil Rights Act
According to GINA, health insurers and employers are prohibited from discriminating based on people's genetic information.
True
If a business offers its employees disability coverage, then pregnancy and childbirth must be treated like any other disability and included in the plan as a covered condition.
True
Jill and Lauren are the only women who are in the upper levels of management in a large multinational technology company. An organization appointing only a small group of women or minorities to high-profile positions like we see here is called tokenism.
True
Managing diversity means maximizing diversity's potential benefits while minimizing the potential problems of diversity that can undermine a firm's performance.
True
Mental disabilities, such as depression and anxiety disorders, account for the greatest number of claims brought under the ADA.
True
The Americans with Disabilities Act of 1990 does not list specific disabilities but provides impairment guidelines instead.
True
The EEOC receives and investigates job discrimination complaints from aggrieved individuals.
True
The Supreme Court has held that an employee who is over 40 may sue for discrimination if he or she is replaced by a "significantly younger" employee, even if the replacement is also over 40.
True
The restricted policy approach involves demonstrating that an employer's hiring practices either intentionally or unintentionally exclude members of a protected group.
True
Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public employers or private employers of 15 or more persons.
True
Utilization analysis compares the percentage of minority employees at a firm with the number of similarly trained minorities available in the relevant labor market.
True
Which of the following appoints the members of the EEOC?
U.S. President
The ________ requires certain federal contractors to take affirmative action for disabled persons.
Vocational Rehabilitation Act
According to Title VII of the 1964 Civil Rights Act, which of the following employers would be legally allowed to refuse employment to an individual based on race, religion, or sex?
a local restaurant with 10 employees
In which of the following jobs would gender most likely be appropriate to use as a BFOQ?
actor in a toothpaste commercial
Which of the following refers to the overall effect of employer practices that result in significantly higher percentages of members of protected groups being rejected for employment, placement, or promotion?
adverse impact
When companies utilize ________, they take steps to eliminate the present effects of past discrimination.
affirmative action
Employers primarily use bona fide occupational qualification (BFOQ) as a defense against charges of discrimination based on ________.
age
Which of the following would LEAST likely foster diversity in the workplace?
appointing a small group of minorities to high-profile positions
Race, color, religion, sex, or national origin is a motivating factor in a particular termination case, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation?
mixed motive
Which of the following is NOT a form of sexual harassment according to EEOC guidelines?
mutually consensual physical conduct of a sexual nature between co-workers
The EEOC describes ________ as an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination.
voluntary mediation
Which type of disability accounts for the greatest number of ADA claims?
mental
How many members serve on the Equal Employment Opportunity Commission?
5
The formula used by federal agencies to determine disparate rejection rates is based on a selection rate for any racial, ethnic, or sex group less than ________ percent of the rate for the group with the highest rate.
80
The McDonnell-Douglas test is a procedure used by federal agencies to assess disparate impact.
False
The first step of the EEOC enforcement process is to serve notice.
False
The tendency to view members of other social groups less favorably than one's own is called tokenism.
False
Title VII forbids all testing of job applicants because testing systematically discriminates against certain protected classes.
False
To prove sexual harassment, it is necessary to show that the harassment had tangible consequences such as demotion or termination.
False
Under no circumstances may religion be used as a bona fide occupational qualification (BFOQ).
False
Under the Civil Rights Act of 1991, disparate impact claims require proof of discriminatory intent.
False
The ________ provides that a person who commits a crime of violence motivated by gender that deprives another of rights shall be liable to the party injured.
Federal Violence Against Women Act of 1994
Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection and record keeping?
uniform guidelines
Which amendment to the U.S. Constitution states that "no person shall be deprived of life, liberty, or property, without due process of the law"?
Fifth Amendment
________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.
Disparate treatment
Shippers Express is accused of adverse impact on a protected group. Eighty percent of all male applicants are hired, but only 50% of female applicants are hired. Using the formula for disparate rejection rates, adverse impact cannot be shown.
False
The EEOC was initially established to investigate complaints about ________.
job discrimination
The 13th Amendment to the U.S. Constitution states, "no person shall be deprived of life, liberty, or property, without due process of the law."
False
The 14th Amendment to the U.S. Constitution led to the establishment of the EEOC.
False
Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely intended to protect Paul from discrimination?
Age Discrimination in Employment Act of 1967
Which court case provided details regarding how employers could validate the relationship between screening tools and job performance?
Albemarle Paper Company v. Moody
The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate against employees of federal, state, and local agencies who are between 40 and 65 years of age; however, the law does not apply to private businesses.
False
Which of the following requires employers to make reasonable accommodations for disabled employees?
Americans with Disabilities Act of 1990
Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear. The studio is using ________ as a justification for not considering women for the jobs.
BFOQ
Which of the following does NOT participate in the issuance of uniform guidelines?
Better Business Bureau
The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land.
Civil Rights Act of 1866
The Age Discrimination in Employment Act prohibits the use of age as a BFOQ for any type of employment.
False
Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a Jill, who is a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker, John. Jill claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of John. All of the following are most likely relevant questions to address in this court case EXCEPT ________.
Does Sanders have a record of employees who claim disparate treatment in the workplace? B) Did Sanders take reasonable care to prevent sexual harassment in the workplace?
Which of the following best explains why employers win the majority of ADA cases?
Employees fail to prove that their disabilities affect daily living activities.
Which of the following will be the most likely result of the ADA Amendments Act of 2008?
Employees will find it easier to prove that their disabilities are limiting.
Which of the following requires equal pay for equal work regardless of sex?
Equal Pay Act of 1963
According to the ADA, firms must employ all disabled individuals who apply for positions and provide them with job training when necessary.
False
Alternative dispute resolution is a grievance procedure that provides for non-binding arbitration in employment discrimination claims.
False
Being disabled qualifies an individual for a job.
False
Discrimination is an attitude that prejudges someone based on that person's trait.
False
Employers most frequently use a bona fide occupation qualification as a defense against charges of intentional discrimination based on gender compared to other protected class types.
False
Only an aggrieved individual can file job discrimination charges against a business.
False
Research indicates that more women than men find socio-sexual behaviors at work to be flattering rather than offensive.
False
The Civil Rights Act of 1991 makes it more difficult for plaintiffs to sue for monetary damages in cases of disparate treatment.
False
Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws?
Griggs v. Duke Power Company
The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months. In addition, applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane. A four-year college degree is also required. Wallace Roberts, who is African-American, applied for a position as a pilot and was rejected because he has a degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western Airlines for discriminatory hiring practices. Which of the following statements is most likely relevant to this court case against Western Airlines?
The job requirements for pilots at Western Airlines are a business necessity due to the human risks associated with hiring unqualified applicants.
Connor Concrete, a construction firm chain, is being sued for sexual harassment by a former employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Connor Concrete's management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would most likely undermine the plaintiff's claim that Sanders is liable for the male employee's conduct?
The male employee was required by HR to participate in a sexual harassment awareness course.
The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months. In addition, applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane. A four-year college degree is also required. Jeff Sanchez, who is Hispanic, applied for a position as a pilot and was rejected because he has a degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western Airlines for discriminatory hiring practices. Which of the following, if true, best supports Western Airlines' defense?
The total number of hours spent flying a commercial airline is a valid predictor of performance for most Western Airlines pilots.
The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held that it bars racial discrimination.
Thirteenth
Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact.
business
Which defense requires showing that there is an overriding company-related purpose for a discriminatory practice and that the practice is therefore acceptable?
business necessity
An employer that uses a screen-reading program to meet the needs of a blind employee is most likely ________.
making a reasonable accommodation
A workforce comprised of two or more groups of employees with various racial, gender, cultural, handicap, age, and religious backgrounds is best described as ________.
diverse
Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related?
employer
Which of the following refers to an informal meeting held early in an EEOC enforcement investigation that attempts to define issues and determine if settlement is possible?
fact-finding conference
The last step a worker should usually take when they are sexually harassed is:
file a claim with the EEOC
One of Alexis' male co-workers has been making sexually suggestive comments to Alexis about her clothing and her appearance, which makes Alexis feel uncomfortable at work. What is the first step Alexis should take to address the problem?
filing a verbal complaint with the harasser's boss
Which of the following factors is NOT an acceptable basis for different pay for equal work under the Equal Pay Act of 1963?
gender
All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________.
having an informal policy for dealing with sexual harassment
In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because ________.
high school diplomas were not related to success as a coal handler
All of the following are ways that an employee or job applicant can show adverse impact EXCEPT ________.
holding a fact-finding conference
Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decides to quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley experienced?
hostile environment created by supervisors
In which of the following situations does sexual harassment NOT violate Title VII?
if the conduct is completely consensual
All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________.
performance standards should be unambiguous
Which of the following involves comparing the percentage of the minority/protected group and white workers in an organization with the percentage of the corresponding group in the labor market?
population comparisons approach
All of the following recruitment practices are potentially discriminatory EXCEPT ________.
posting job advertisements only in local newspapers
Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________.
psychological testing
According to the Americans with Disabilities Act, which of the following would NOT be considered a disability?
pyromania
Under ADA, those who can carry out the essential functions of the job are known as which of the following?
qualified individuals
Judy was up for a promotion at Simpson Consulting when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which of the following would Judy most likely be able to prove in court if she decided to sue Simpson Consulting?
quid pro quo
According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________.
require employees to retire at age 65
Which of the following is most likely an example of a discriminatory selection standard?
requiring engineer applicants to meet specific height standards
Which of the following tests for adverse impact involves demonstrating that the employer's policy either intentionally or unintentionally excludes members of a protected group?
restricted policy
In Bakke v. Regents of the University of California, which of the following claims was made by Allen Bakke?
reverse discrimination
Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________.
sexual orientation
The 13th Amendment to the U.S. Constitution addresses the subject of ________.
slavery
According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for all of the following EXCEPT ________.
substantive consolidation
All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________.
the verbal remarks of a co-worker were sexually flirtatious