HR ch:3

16. If a pay disparity between the sexes exists, employers cannot legally lower the wages of one gender to comply with the law. a. True b. False

a. True

17. The Equal Employment Opportunity Act of 1972 strengthened the enforcement power of the Equal Employment Opportunity Commission (EEOC). a. True b. False

a. True

18. The Pregnancy Discrimination Act requires pregnancy leave dates to be based on the individual employee's ability to work. a. True b. False

a. True

19. Employers are legally required to treat pregnancy the same way they treat any other medical disability. a. True b. False

a. True

2. The Equal Pay Act makes it illegal to discriminate against people in terms of the pay, employee benefits, and pension they earn based on their gender when they do equal work. a. True b. False

a. True

20. If people are regarded as having a disability, then they are protected under the Americans with Disabilities Act. a. True b. False

a. True

22. U.S. government-owned corporations are exempted from the Civil Rights Act of 1964. a. True b. False

a. True

23. Reasonable accommodation for a disability may include reassignment to a vacant position. a. True b. False

a. True

27. An employer may be guilty of sexual harassment when an employee finds jokes, pictures, or language used by others offensive. a. True b. False

a. True

30. The Equal Employment Opportunity Commission (EEOC) considers an employer guilty of sexual harassment if the employer knew about harassment activity but failed to take any corrective action. a. True b. False

a. True

31. Employers are guilty of sexual harassment if they permit their customers to sexually harass their employees. a. True b. False

a. True

34. The Immigration Reform and Control Act requires employers to verify the legal rights of applicants to work in the U.S. a. True b. False

a. True

36. The Uniform Guidelines on Employee Selection Procedures were designed to help employers, labor organizations, employment agencies, and licensing boards comply with the requirements of federal laws prohibiting employment discrimination. a. True b. False

a. True

37. When using a selection test, employers must be able to prove that the test bears a direct relationship to success on the job. a. True b. False

a. True

4. Early nondiscrimination laws failed to give enforcement power to the agencies charged with upholding them. a. True b. False

a. True

40. Adverse impact refers to the unintentional rejection for employment, placement, or promotion of a significantly higher percentage of members of a protected class when compared with members of nonprotected classes. a. True b. False

a. True

42. The Civil Rights Act of 1991 states that employees who are sent abroad to work for U.S.-based companies are protected by U.S. antidiscrimination legislation governing age and disability and Title VII of the Civil Rights Act of 1964. a. True b. False

a. True

43. When pursuing an adverse impact claim, an individual is alleging that the employer's selection practices have unintentionally discriminated against a protected group. a. True b. False

a. True

45. The Lilly Ledbetter Fair Pay Act states that the 180-day statute of limitations for filing an equal-pay lawsuit with the Equal Employment Opportunity Commission (EEOC) resets with each new discriminatory paycheck an employee receives. a. True b. False

a. True

47. Disparate treatment would arise when an employer hires men but not women with school-going children. a. True b. False

a. True

48. It is illegal for employers to deny sick leave for morning sickness or other pregnancy-related illnesses if sick leave is permitted for other medical conditions such as flu or surgical operations. a. True b. False

a. True

49. The Griggs case established the principle that employment practices must be related to the job. a. True b. False

a. True

5. Training in and knowledge of equal employment opportunity (EEO) laws are essential for managers and supervisors because organizations can be held accountable and legally responsible for their managers' decisions. a. True b. False

a. True

51. Based on the Griggs case, requiring all salespersons to be six feet tall would have an adverse impact on Asians and women, limiting their employment opportunities. a. True b. False

a. True

52. The Equal Employment Opportunity Commission (EEOC) is responsible for ensuring that covered employers comply with the intent of Title VII of the Civil Rights Act. a. True b. False

a. True

54. The work of the Equal Employment Opportunity Commission consists of formulating equal employment opportunity (EEO) policy and approving litigation involved in maintaining equal employment opportunity. a. True b. False

a. True

55. Title VII of the Civil Rights Act protects those who file charges against an employer with the Equal Employment Opportunity Commission (EEOC) from retaliation by the employer. a. True b. False

a. True

57. Employers may be accused of reverse discrimination, or giving preference to members of protected classes, to the extent that unprotected individuals believe they are suffering discrimination. a. True b. False

a. True

7. Women and minority groups are referred to as protected classes. a. True b. False

a. True

8. Seniority systems can be used by companies to legally justify paying men more than women. a. True b. False

a. True

9. Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or age. a. True b. False

a. True

82. Fair employment practice laws: a. are often more comprehensive than federal laws. b. are established by the Equal Employment Opportunity Commission. c. cannot bar discrimination based on marital status or political affiliation. d. are provisions under the Veterans' Readjustment Act.

a. are often more comprehensive than federal laws.

81. Executive Order 11246 provides equal employment opportunities to: a. federal employees and individuals employed by government contractors. b. state and local government employees. c. all employees of public and private employers. d. union members.

a. federal employees and individuals employed by government contractors.

71. Title VII provisions for religion: a. require employers to make reasonable accommodations for religious observance or practice. b. consider religion to be a bona fide occupational qualification. c. require employers to grant complete religious freedom in employment situatuions in accordance with the First Amendment. d. permit discrimination if religious preference is a bona fide occupational qualification.

a. require employers to make reasonable accommodations for religious observance or practice.

38. The Uniform Guidelines on Employee Selection Procedures require validated procedures for selecting and promoting employees but do not apply to dismissal, transfer, or demotion. a. True b. False

b. False

39. Proof of a direct relationship between selection instruments and performance must be established through validation studies by an independent firm. a. True b. False

b. False

41. No adverse impact exists if members of a protected class represent a significantly smaller percentage of the organization's workforce than the percentage found in the population of the surrounding community. a. True b. False

b. False

44. The Four-Fifths Rule applies when the number of employees from a protected class is less than four-fifths of the number of employees hired from the class with the highest selection rate. a. True b. False

b. False

50. The Griggs case established the principle that statistical disparity among protected class members must be made in comparison to the relevant labor market. a. True b. False

b. False

53. The Equal Employment Opportunity Commission consists of one commissioner from each state and a general counsel. a. True b. False

b. False

56. Affirmative action programs are required by all employers. a. True b. False

b. False

6. Managers cannot be sued for discrimination because they merely act as agents of their employer. a. True b. False

b. False

86. Which of the following are the two forms of sexual harassment recognized by the EEOC? a. Traditional and work environment b. Quid pro quo and hostile environment c. On the job and off the job d. Good intentions and discriminatory

b. Quid pro quo and hostile environment

90. The procedural document developed by the Equal Employment Opportunity Commission is the: a. Uniform Commercial Code. b. Uniform Guidelines on Employee Selection Procedures. c. Affirmative Action Guide. d. Business Code of Ethics.

b. Uniform Guidelines on Employee Selection Procedures.

73. Age discrimination does NOT exist when: a. employers make off-hand remarks about older individuals. b. advanced age affects organizational efficiency. c. older workers are pressured to take early retirement. d. older workers are terminated during downsizing.

b. advanced age affects organizational efficiency.

76. A disability under the Americans with Disabilities Act of 1990 can be defined by all of the following EXCEPT: a. a physical or mental impairment that substantially limits one or more major activities. b. conditions caused due to the demands of the work environment. c. having a record of physical or mental impairment. d. being regarded as having a physical or mental impairment.

b. conditions caused due to the demands of the work environment.

72. The Age Discrimination in Employment Act prohibits specific employers from discriminating against persons who are: a. 40 years of age or older. b. below 35 years of age. c. below 28 years of age. d. between 25 to 30 years.

a 40 years of age or older.

98. An employer interviews 150 qualified applicants, 100 whites and 50 Hispanics. If 25 whites are hired, a minimum of how many Hispanics would have to be hired to avoid charges of adverse impact? a. 20 b. 13 c. 10 d. 8

a. 20

110. Affirmative action compliance is reviewed by the: a. Office of Federal Contract Compliance Programs. b. Equal Employment Opportunity Commission. c. Supreme Court. d. Justice Department.

a. Office of Federal Contract Compliance Programs.

116. In which Supreme Court decision involving an invalidated employment test for firemen did the Court state: "once the process has been established and employers have made clear their selection criteria, they may not then invalidate the test results, thus upsetting an employee's legitimate expectation not to be judged on the basis of race."? a. Ricci v. DeStefano b. Albemarle Paper Co. v. Moody c. University of California Regents v. Bakke d. United Steelworkers of America v. Weber

a. Ricci v. DeStefano

117. A "national origin group" is defined as a group of people sharing a common: a. language, culture, ancestry, and/or similar social characteristics. b. birthplace other than the U.S. c. occupation. d. education.

a. language, culture, ancestry, and/or similar social characteristics.

105. In 2011, about _____ of sexual harassment complaints filed with the EEOC were filed by men. a. 2 percent b. 16 percent c. 30 percent d. 50 percent

b. 16 percent

10. Title VII of the Civil Rights Act led to the institution of the Equal Pay Act. a. True b. False

b. False

46. A 35-year-old applicant who is denied employment based upon age may file a claim under the Age Discrimination in Employment Act if the organization hired a 21-year-old. a. True b. False

b. False

74. Which of the following is NOT used to determine whether an accommodation is reasonable? a. The size of the organization b. The nature of the accommodation c. The profitability of the organization d. The financial resources of the applicant

d. The financial resources of the applicant

115. In which of the following decisions did the Supreme Court not endorse all voluntary affirmative action programs, but it gave an important push to programs voluntarily implemented and designed to correct past racial imbalances? a. Griggs v. Duke Power b. Albemarle Paper Co. v. Moody c. University of California Regents v. Bakke d. United Steelworkers of America v. Weber

d. United Steelworkers of America v. Weber

61. Which of the following groups would not fall under the broad definition of protected classes? a. African Americans b. Women c. People above 55 years of age d. White men

d. White men

111. Legally, an affirmative action program is required when: a. a firm has 25 or more employees. b. a firm wants to expand its workforce. c. a firm's union-management contract is being negotiated. d. a firm has a federal contract exceeding $50,000.

d. a firm has a federal contract exceeding $50,000.

120. The Glass Ceiling Act: a. never made it out of congressional committee. b. was declared unconstitutional by the U.S. Supreme Court. c. protects only white females. d. created the Glass Ceiling Commission.

d. created the Glass Ceiling Commission.

112. Affirmative action requires employers to: a. fill minority quotas. b. establish the validity of hiring procedures. c. provide additional facilities to employees with disabilities. d. develop a plan of action to correct areas of past discrimination.

d. develop a plan of action to correct areas of past discrimination.

77. Which of the following is NOT a basis for age discrimination? a. Excluding older workers from important work activities b. Making positive changes in the performance evaluations of older employees c. Selecting younger applicants over better-qualified older applicants d. Reducing job duties and responsibilities of older employees

b. Making positive changes in the performance evaluations of older employees

68. Which of the following is not prohibited by Title VII of the Civil Rights Act of 1964? a. Paying a woman less than a man for doing the same job b. Promoting a white male over a black male on the basis of seniority c. Refusing to hire Hispanics d. Limiting training opportunities for men

b. Promoting a white male over a black male on the basis of seniority

119. Which law prohibits federal contractors from discriminating against disabled individuals in any program or activity receiving federal financial assistance and requires federal contractors to develop affirmative action plans to hire and promote disabled people? a. The Americans with Disabilities Act b. The Vocational Rehabilitation Act of 1973 c. Executive Order 11246 d. Executive Order 11478

b. The Vocational Rehabilitation Act of 1973

121. Individuals with AIDS or HIV are "disabled" within the meaning of the: a. Civil Rights Act of 1991. b. Vocational Rehabilitation Act of 1973. c. Executive Order 11246. d. state and local anti-discrimination laws only.

b. Vocational Rehabilitation Act of 1973.

106. The Equal Employment Opportunity Commission (EEOC) conducts its operations through: a. state and local government offices. b. its administrative headquarters, district offices, and area offices. c. the Department of Justice. d. the Department of Labor.

b. its administrative headquarters, district offices, and area offices.

104. In 2011, the EEOC and state fair employment practice agencies processed ______ sexual harassment complaints nationwide. a. 85,572 b. 38,936 c. 11,364 d. 3,420

c. 11,364

100. During the 1970s, in which case did the Supreme Court rule that applicants must be evaluated on an individual basis, and race can be one factor used in the evaluation process as long as other competitive factors are considered? a. Ricci v. DeStefano b. Griggs v. Duke Power c. University of California Regents v. Bakke d. Hazelwood School District v. United States

c. University of California Regents v. Bakke

114. In which of the following decisions did the Supreme Court state that affirmative action programs are not illegal per se as long as rigid quota systems were not specified for different protected classes? a. Griggs v. Duke Power b. Albemarle Paper Co. v. Moody c. University of California Regents v. Bakke d. United Steelworkers of America v. Weber

c. University of California Regents v. Bakke

118. In recent years, the number of age discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC) has shown: a. a slow decline. b. a dramatic increase. c. a steady increase. d. a rapid decline.

c. a steady increase.

103. EEOC guidelines are: a. part of the federal law framework. b. part of the state laws. c. administrative rules published in the Federal Register. d. only applicable to organizations that employ over 1000 people.

c. administrative rules published in the Federal Register

102. In Griggs v. Duke Power, the Supreme Court established the principle that: a. educational selection requirements are illegal. b. discrimination occurs only if the employer intends to discriminate. c. discrimination can occur even if it is overt or unintentional. d. employment tests are illegal.

c. discrimination can occur even if it is overt or unintentional.

64. Employers that pay men and women a different salary are violating the Equal Pay Act only if the pay difference is a result of: a. seniority and expertise. b. merit and experience. c. performing tasks requiring same skills. d. the quantity or quality of production.

c. performing tasks requiring same skills.

107. Organizations subject to Title VII are required to post: a. all job openings. b. their blank applications. c. specific employment records and reports. d. affirmative action goals.

c. specific employment records and reports.

101. An employer's workforce is said to be at par with the relevant labor market when: a. women are hired at the same rate as men. b. affirmative action goals are achieved. c. the employer's workforce by race and sex compares favorably with the surrounding labor market. d. adverse impact is eliminated in the selection procedures of employees.

c. the employer's workforce by race and sex compares favorably with the surrounding labor market.

108. Under the law, discrimination charges must be filed within _____ days of the alleged unlawful practice. a. 60 b. 90 c. 120 d. 180

d. 180

113. The basic steps in developing an effective affirmative action plan include all of the following EXCEPT: a. issuing a written EEO policy and affirmative action statement. b. surveying present minority and female employment by department and job classification. c. establishing an internal audit and reporting program to evaluate progress. d. establishing a quota system and timetable for hiring.

d. establishing a quota system and timetable for hiring.

95. According to the Uniform Guidelines, a rule of thumb that identifies selection practices that favor a disproportionate number of nonprotected class members is the: a. two-thirds rule. b. acid-test rule. c. ratio rule. d. four-fifths rule.

d. four-fifths rule.

89. To comply with the Immigration Reform and Control Act, employers should do all of the following EXCEPT: a. completing and retaining form I-9. b. presenting form I-9 for inspection upon request. c. verifying the citizenship or immigration status of their employees. d. refusing to hire immigrants.

d. refusing to hire immigrants.

88. Giving preference to members of protected classes to the extent that unprotected individuals believe they are suffering is known as: a. sexual harassment. b. retaliation. c. affirmative action. d. reverse discrimination.

d. reverse discrimination.

109. A comprehensive training program to prevent discrimination would include all of the following EXCEPT: a. understanding the prohibitions of EEO laws. b. how to respond to complaints of discrimination. c. procedures for investigating complaints. d. standards for employee conduct.

d. standards for employee conduct.

80. The law that requires federal contractors to take affirmative action in hiring disabled individuals is: a. the Uniformed Services Employment and Reemployment Rights Act. b. the Vietnam Era Veterans' Readjustment Assistance Act. c. the Americans with Disabilities Act. d. the Vocational Rehabilitation Act.

d. the Vocational Rehabilitation Act.

13. A religious organization is excluded from the coverage of the Civil Rights Act. a. True b. False

a. True

14. Courts have defined business necessity as a practice that is necessary to the safe and efficient operation of an organization. a. True b. False

a. True

97. An employer interviews 100 qualified applicants, 60 whites and 40 blacks. If 30 whites are hired, a minimum of how many blacks should be hired to avoid charges of adverse impact? a. 24 b. 20 c. 16 d. 12

a. 24

83. Homosexuals are protected from discrimination mainly through: a. Fair Employment Practice laws at the state or local level. b. the Federal Executive Order 11246. c. the Americans with Disabilities Act. d. the Vocational Rehabilitation Act.

a. Fair Employment Practice laws at the state or local level.

84. Which of the following is NOT an example of sexual harassment? a. Paying a man more than a woman for doing the same job b. Promoting a female employee after she agrees to an after-work date c. Permitting the work environment to be hostile, intimidating, or offensive d. Allowing a customer to demand sexual favors from an employee

a. Paying a man more than a woman for doing the same job

12. The Civil Rights Act of 1964 established the Equal Employment Opportunity Commission. a. True b. False

a. True

79. The law that enables people who enter the military for a total of five years to return to their private-sector jobs without risk of loss of seniority or benefits is: a. the Uniformed Services Employment and Reemployment Rights Act. b. the Vocational Rehabilitation Act of 1973. c. the Equal Employment Opportunity Act of 1972. d. the Veterans' Readjustment Act.

a. the Uniformed Services Employment and Reemployment Rights Act.

59. A factor that appears to have influenced the growth of Equal Employment Opportunity (EEO) legislation is: a. the changing attitudes of society at large. b. the post-war baby boom. c. a shortage of qualified labor. d. an influx of illegal immigrants.

a. the changing attitudes of society at large.

96. Employers can determine adverse impact by using: a. the four-fifths rule. b. the McDonnell-Douglas test. c. the ratio rule. d. the two-thirds rule.

a. the four-fifths rule.

92. When an employment selection instrument is related to job success, the instrument is said to have: a. validity. b. correctness. c. discrimination. d. exclusiveness.

a. validity.

66. The legislative act that bars discrimination in all HR activities, including hiring, training, promotion, pay, employee benefits, and other conditions of employment is known as the: a. Equal Pay Act of 1963. b. Civil Rights Act of 1964. c. Equal Employment Act of 1972. d. Civil Rights Act of 1991.

b. Civil Rights Act of 1964

69. Title VII of the Civil Rights Act created the: a. Occupational Safety and Health Administration (OSHA). b. Equal Employment Opportunity Commission (EEOC). c. Equal Rights Compliance Agency (ERCA). d. Justice Department (JD).

b. Equal Employment Opportunity Commission (EEOC).

65. The Equal Pay Act was passed as an amendment to the: a. Civil Rights Act. b. Fair Labor Standards Act. c. Equal Employment Opportunity Act. d. Age Discrimination in Employment Act.

b. Fair Labor Standards Act.

1. Equal employment opportunity refers to actions required of employers to correct past discrimination against minorities. a. True b. False

b. False

11. State and local governments are exempted from the provisions of the Civil Rights Act and Equal Employment law. a. True b. False

b. False

15. An apparel store may not discriminate against a male applying for a job as a fitting room attendant. a. True b. False

b. False

21. A disabled person must have an obvious physical impairment or deformity to be considered disabled under the Americans with Disabilities Act a. True b. False

b. False

24. The Civil Rights Act of 1964 allows employers to set different cut-off test scores on the basis of race and sex during the hiring process. a. True b. False

b. False

25. Executive Order 11246 requires all federal agencies and government contractors to develop affirmative action plans. a. True b. False

b. False

26. HR managers need not be concerned about state fair employment practice laws since they are usually less stringent and less comprehensive than federal laws prohibiting discrimination. a. True b. False

b. False

28. Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute quid pro quo sexual harassment. a. True b. False

b. False

29. Quid pro quo sexual harassment occurs when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment. a. True b. False

b. False

3. Employment discrimination began in the nineteenth century with the Civil Rights Act of 1866. a. True b. False

b. False

32. The bona fide occupational qualification (BFOQ) exception does not apply to discrimination based on national origin. a. True b. False

b. False

33. Title VII of the Civil Rights Act provides employees with a statutory right to complete religious freedom in the workplace. a. True b. False

b. False

35. To comply with the Immigration Reform and Control Act, employers must submit all completed Form I-9s to Immigration and Naturalization Service officers for approval. a. True b. False

b. False

93. Adverse impact means that: a. men are paid less than women. b. employment decisions reject a higher percentage of a protected class than a nonprotected class. c. efforts are made to recruit a larger percentage of minorities. d. religion as a bona fide occupational qualification is permitted at the workplace.

b. employment decisions reject a higher percentage of a protected class than a nonprotected class.

58. The employment of individuals in a fair and nonbiased manner is called: a. reasonable accomodation. b. equal employment opportunity. c. civil rights policy. d. diversity management.

b. equal employment opportunity.

63. The Equal Pay Act prohibits employers from discrimination in pay based on: a. race. b. gender. c. religion. d. age.

b. gender.

99. Disparate treatment cases involve: a. discharge complaints. b. purposeful discrimination. c. affirmative action goals. d. immigration cases.

b. purposeful discrimination.

60. An employee alleging discrimination can sue both the manager (or supervisor) of a company and the company itself because: a. the company provided EEO training to the manager. b. the manager or supervisor functions as an agent of the company. c. the protected classes are adequately represented in the company. d. the Uniform Guidelines require an employer to conduct validity studies of its selection procedures.

b. the manager or supervisor functions as an agent of the company.

85. Which of the following is NOT a defense to an alleged Equal Pay Act violation? a. Paying a male worker more because he has greater seniority b. Paying a male worker more because he is more productive c. Paying a male worker more because he has dependents d. Paying a male worker more because he produces higher quality

c. Paying a male worker more because he has dependents

75. The Pregnancy Discrimination Act states that: a. an employer can deny sick leave for morning sickness. b. an employer may set mandatory lengths for pregnancy leave. c. an employer must set pregnancy leave dates based on the individual employee's ability to work. d. pregnancy is a temporary medical condition and not a disability.

c. an employer must set pregnancy leave dates based on the individual employee's ability to work.

70. Bona fide occupational qualifications can: a. be used to identify adverse impact. b. be based on employer preference. c. permit discrimination by an employer. d. require reasonable accommodation on the part of the employer.

c. permit discrimination by an employer

62. Major federal EEO laws have been enacted to prevent discrimination against groups of workers most often affected by unfair employment practices. These groups are referred to as: a. significant worker classes. b. privileged classes. c. protected classes. d. equal employment classes.

c. protected classes.

78. The American with Disabilities Act does NOT: a. require employers to make reasonable accommodation to disabled persons. b. define disability as a physical or mental impairment that substantially limits one or more major activities. c. provide protection for adjustment disorders. d. protect people regarded as having disabilities.

c. provide protection for adjustment disorders.

94. When pursuing an adverse impact claim, an individual is alleging: a. unintentional discrimination against an individual belonging to the nonprotected class. b. intentional discrimination against an individual belonging to the nonprotected class. c. unintentional discrimination against a protected class. d. intentional discrimination against a protected class.

c. unintentional discrimination against a protected class.

91. An important step in avoiding discriminatory practices during selection is to: a. base selection decisions solely on interviews. b. use multiple interviewers for each applicant. c. use validation studies to demonstrate the job-relatedness of a selection instrument. d. require all applicants to complete an application form.

c. use validation studies to demonstrate the job-relatedness of a selection instrument.

67. Which of the following employers are covered under the Civil Rights Act of 1964? a. Organizations hiring Native Americans on or near a reservation b. Bona fide, tax-exempt private clubs c. Religious organizations employing persons of a specific religion d. Labor unions having 15 or more members or employees

d. Labor unions having 15 or more members or employees

87. Which of the following is NOT under the jurisdiction of the Civil Rights Act of 1964? a. State and local governments b. Private and public employment agencies c. Private educational institutions d. Private employers in interstate commerce with less than ten employees

d. Private employers in interstate commerce with less than ten employees