Ch. 16 BLAW

A sexually hostile work environment is A. a form of sexual discrimination B. a form of pregnancy of discrimination C. not a legally defined term D. not related to antidiscrimination laws E. something employees must just learn to deal with

A

A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leaves early due to feeling badly. Under the Pregnancy Discrimination Act, her employer A. can dismiss her for taking off too much time B. must give her additional time off, with pay, only if there is medical evidence that it is necessary C. must give her additional time off, with pay, by extending her sick time and leave time, as required by law

A

A woman has a difficult time with her pregnancy. She uses up all her leave time and sick time. She then often comes to work late or leaves early due to feeling badly. Under the Pregnancy Discrimination Act, her employer A. without pay under the Family and Medical Leave Act B. with pay, only if there is medical evidence that it is necessary C. with pay, by extending her sick time and leave time, as required by law D. with pay if she requests it, so long as she is pregnant E. none

A

Disparate impact discrimination cases are ________ than disparate treatment cases A. more complex and less common B. more complex and more common C. less complex and more common D. less complex and less common E. none

A

Employers may legally see it that more minorities or women are hired without committing reverse discrimination if A. minorities or women are underrepresented in a certain job category B. minorities or women comprise more than 75% of the company C. there is a union for the unprotected classes of workers

A

Employment practices that discriminate against some employees must _______ to be legal A. meet the business necessity test B. meet the impartiality test C. meet the anti-discrimination test D. meet the equality of gender test E. none

A

Equal Employment Opportunity law does not apply to A. non-US citizens working for US companies in other countries B. non-US citizens working for US companies in the US c. US citizens working for US companies in other countries D. US citizens working for US companies in the US E. Equal Employment Opportunity law does not apply to any of the other choices

A

If a person suffers discrimination because of race and because of religion, he may file a complain of A. intersectional discrimination B. intrasectional discrimination C. real discrimination D. double discrimination E. super discrimination

A

If the EEOC investigates a discrimination claim and finds no reasonable cause A. it will dismiss the charge B. it will pass the charge on the Supreme Court C. it will fine the employer, but not send the case to court D. it will issue a right to sue letter E. it will fine the plaintiff

A

In relation to the term "sex discrimination" A. courts have played a major role in defining the term B. Congress carefully defined the term in Title VII C. the Executive branch has crafted many opinions on the subject D. courts have played a major role in defining the term and the Executive branch has crafted many opinions on the subject E. none

A

Jim Crow laws were federal and state laws that A. supported, and even required, racial segregation and labor market discrimination B. restricted racial segregation and labor market discrimination C. restricted unions' ability to discriminate based on sex D. restricted unions' ability to discriminate based on race E. none

A

One of the main purposes of an affirmative action program is A. to allow an employer to correct for underrepresentation B. prevent reverse discrimination C. maintain the status quo of a company D. all of the other specific choices are correct E. none

A

The mandatory analysis comparing the percent of minorities and women in the community in each job category with the percent employed by a government contractor known as A. an underutilized analysis B. a workforce analysis C. a contractor analysis D. a government contractor analysis E. an affirmative action analysis

A

The preferential treatment of members of protected classes is A. reverse discrimination B. irrational discrimination C. legal discrimination D. equalizing discrimination E. guilt-driven discrimination

A

Under Executive Order 11246, large government contractors must A. adopt affirmative action programs B. adopt disparate action programs C. ignore affirmative action programs D. fund education opportunities for minorities E. none

A

Under federal law, if a person wishes to file a discrimination charge they must file within 180 days of an alleged discriminatory event. State law A. often extends this to 300 days B. often reduces this to 100 days C. often extends this to 365 days D. often reduces this to 60 days E. cannot extend or reduce this time

A

Under the Americans with Disabilities Act, a person who has a physical or mental impairment that does not substantially limit major life activated but is treated by the covered entity as constituting such limitation A. is regarded as having a disability B. has no claims regarding disabilities C. can sue for intelligence discrimination D. is not regarded as having a disability E. can be paid less than other employees

A

According to Title VII, it is ______ to use professionally developed ability tests to determine whether job applicants possess the necessary skills and attributes A. never legal B. legal as long as there is a statistical validation of the tests C. legal as long as the company has used the test before D. illegal without a special court issued dispensation E. none

B

According to Title VII, it is ___________ to use professionally developed ability tests to determine whether job applicants possess the necessary skills and attributes A. never legal B. legal as long as there is statistical validation of the tests C. legal as long as the company has used the test before D. illegal without a special court issued dispensation E. none

B

All companies with federal contracts of $2,500 or more have a duty to ensure the disabled an opportunity in the workplace by providing accommoadations under the A. Disability Act of 1973 B. Rehabilitation Act of 1973 C. Title VII Disability Act of 1990 D. Able Bodied Worker Act of 1990 E. Temporarily Disabled Persons Protection Act of 1973

B

An employee suing an employer for ____ under Title VII must show that the employer intentionally discriminated against them A. intentional discrimination treatment B. disparate treatment C. secondary treatment D. disparate impact E. indisparate treatment

B

Discriminating against an employee on the basis of genetic information that indicates the person may be more likely than average to have a heart problem is A. illegal based on age discrimination B. illegal based on genetic information discrimination C. illegal based on medical history discrimination D. not illegal if the employer can show a work-related issue E. not illegal because genetic information is not subject to discrimination proceedings

B

In general, employment discrimination laws in Europe and Japan, compared to those in the US, are A. non-existent B. less protective of women and minorities C. less protective of women, but more protective of minorities D. less protective of minors but more protective of women E..more protective of women minorities

B

Japan's first sexual harassment case A. occurred long before the US had laws prohibiting sexual harassment B. was not decided until 1992, and resulted in a relatively small award C. was not decided until 2002, but had a huge award D. was overturned by Japan's Supreme Court E. was decided in 1990

B

Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be? A. picking models for clothing on the basis of sex B. picking nurses on the basis of race in hospitals that have mostly black or white patients C. picking topless waitresses on the basis of sex D. all of the specific choices would all be illegal E. all of the specific choices would all be legal

B

Recently, voluntary affirmative action programs A. have declined in prevalance B. have become more common than court-ordered affirmative action programs C. have led to a high incidence of reverse discrimination D. have led to an increase in discrimination claims E. none

B

Requiring modelers of male clothing to be a male is A. illegal because it discriminates against women B. legal because in this instance sex is a bona fide occupation qualification C. illegal because it discriminates against women who like to wear men's clothing D. illegal in some states, but not others E. none of the other choices are correct

B

The Age Discrimination in Employment Act holds it illegal to discriminate in employment against A. persons under age 21 or over age 65 B. persons aged 40 and over C. women or minorities aged 40-65 D. women or minorities aged 40-70 E. women or minorities under age 21

B

The __________ provides protection for the disabled persons seeking employment with, or who are currently employed by, employers that receive federal funds A. Disability Act of 1973 B. Rehabilitation Act of 1973 C. Title VII Disability Act of 1990 D. Able Bodied Worker Act of 1990 E. Temporarily Disabled Persons Protection Act of 1973

B

The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the: A. National Labor relations Board B. Equal Employment Opportunity Commission C. Department of Labor D. Equal Pay Commission E. US Civil Rights Commission

B

The drive for civil rights in employment and other aspects of life became a national movement in the A. 1970s B. 1960s C. 1950s D. mid 1990s E. mid 1980s

B

The most important anti-discrimination employment law is A. Title V of the Civil Rights Act of 1964 B. Title VII of the Civil Rights Act of 1964 C. Title I of the Civil Rights Act of 1963 D. Title VII of the Civil Rights Act of 1963 E. the Equal Pay Act of 1963

B

To reduce the likelihood of discrimination cases, employers A. must pay annual fees to the EEOC B. should have clear, effective policy and procedures to allow employees to make complaints about perceived discrimination C. should bribe employees not to sue D. should reward employees who ignore discrimination E. should have posters that indicate that discrimination is not tolerated in the workplace

B

When the effect of a hiring or promotion decision is intentionally discriminatory it is called A. bona fide occupational qualification B. disparate treatment C. disparate impact D. pretextual treatment E. noen

B

Which is not protected class under Title VII A. race B. political affiliation C. religion D. national origin E. all of the other choices are protected classes

B

Which of the following is a condition not considered a disability under the ADA A> a history of alcohol abuse B. sexual behavior disorders C. someone cured of cancer D. a history of drug abuse E. all of the other choices are disabilities under the law

B

_________ involve employment practives that appear to be neutral on their face but in fact have a disproportionately adverse IMPACT on an employee or group of employees who are members of a protected class A. disparate treatment cases B. disparate impact cases C. age discrimination cases D. whole class discrimination E. partial class discrimination cases

B

if workers are punished for participating in an official proceeding, such as filing an employment discrimination complain or giving testimony in a discrimination investigation, they would have grounds for suit based on A. sex discrimination B. retaliation C. court discrimination D. disparate treatment E. pretext

B

A deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of protected class members is called A. reasonable accommodation B. disparate treatment C. affirmative action D. disparate impact E. none

C

An affirmative action program is an effort by A. a group of employees to correct past discriminatory practices B. employers to continue hiring practices that led to under-representation of certain classes of workers C. employers to remedy discriminatory employment practices that produced imbalanced workforces D. independent contractors to correct racial balances in the public contracting system E. none

C

As a rule, when testing of job applicants employers should do which of the following to be within the bounds of the law A. test for general intelligence B. test for differences in cultural backgrounds C. test for ability to perform a certain job D. all of the specific choices are generally acceptable E. none

C

Compared to the US, antidiscrimination laws in Europe and Japand A. are much stricter B. lead to much bigger awards in court cases C. are not nearly as strict as US laws D. are nonexistent E. none

C

Historically, the common law permitted employers to A. hire workers only with government approval B. fire workers only with government approval C. hire and fire which ever workers they wished D. fire workers for reasons listed in an employee handbook E. none

C

If a person quits their employment because of sexual or racial harassment, it is called A. constructive treatment B. differential impact C. constructive discharge D. retaliatory termination E. none

C

If a plaintiff establishes a prima facie case of employer discrimination, what happens? A. the plaintiff wins compensatory damages B. the plaintiff receives a punitive damages award C. the burden of proof shifts to the employer D. the plaintiff wins compensatory damages and can win punitive damages if malice is shown E. none

C

The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contracts, was established in response to A. the Equal Pay Act B. the Fair Labor Standards Act C. Executive Order 11246 D. the National Labor Relations Act E the Federal Contract Equity Act

C

Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by A. lowering the wages received by men B. lowering the wages received by women C. raising the wages received by women D. raising the wages received by men E. giving stock options to the group discriminated against

C

Where there is a promise of a reward, such as promotion or pay raise, for providing sexual favors being demanded is called A. bona fide impact B. impact favoritism C. quid pro quo D. differential standard E. differential favoritism

C

Which is not an officiailly recognized racial group under Title VII A. Hispanics B. Asians C. Arabs D. Native Americans E. all

C

Which of the following questions would not violate the Americans with Disability Act to ask of a job applicant: A. how many sick days did you use last year? B. does stress at work ever bother you? C.are you capable of doing the rigors demanded of this job? D. have you been treated for drug abuse? E. all other choices would violate the law

C

in general, to require job applications to pass an aptitude tests is A. invalid because they are related to job performance B. valid if given only to minorities C. valid if shown to be an accurate predictor of ability to do the job D. valid if one of the tests certified by the Department of Labor E. none

C

A person protected by Title VII applies for a job and is rejected. To prove a prima facie case of discrimination which of the following points need not be established?? A. the person belongs to a protected class B the person applied for a job and met the qualifications C. the person was rejected D. the person remained unemployed. E. the employer continued to seek applications from other persons with similar qualifications

D

Disparate treatment (under Title VII) refers to A. intentional discrimination B. unintentional discrimination C. illegally motivated employment decision D. intentional discrimination and illegally motivated employment decisions E. unintentional discrimination and illegally motivated employment decisions

D

If an employer is found to have engaged in illegal discrimination, under Title VII the courts may A. require an offending employer to begin an affirmative action program B. require the employer to hire qualified employees in the protected class to make up the past discriminatory activities C. require the employer to train current minority employees to become qualified candidates for promotion to positions in which they are underrepresented D. all of the other specific choices are possible E. none

D

If an employer uses a decision rule that causes discrimination in some aspect of employment based on protected class status, but the discrimination was unintentional, the discrimination is called A. disparate treatment, but is legal so long as not intentional B. disparate treatment, which is illegal C. disparate impact, but is legal so long as not intentional D. disparate impact, which is illegal E. differential impact, but is legal so long as not intentional

D

If, at trial where a person has claimed employment discrimination has occurred, and the employer has offered a rationale for what happened, then A. the plaintiff need to no more if a prima facie case had been established; the plaintiff wins B. the employer wins C. the court requests testimony from EEOC about its investigation and opinion of the case D. the plaintiff must show the employers reason is a pretext or excuse for illegal behavior

D

The group that brings the most discrimination claims based on national origin is A. whites B. Asians C. Native Americans D. Hispanics E. none

D

The hostile environment form of sexual harassment occurs in which of the following circumstances A. an employer uses crude or offensive language B. an employer discusses sexual activities C. an employer displays sexually suggestive pictures in the workplace D. all of the other specific choices are correct E. none

D

Tittle VII applies to employers with A. any number of workers B. five or more workers C. ten or more workers D. fifteen or more workers E. fifty or more workers

D

Under federal law, if a person wishes to file a discrimination charge they must A. file the charge within 10 days of an alleged discriminatory event B. file the charge within 18 days of an alleged discriminatory event C. file the charge within 60 days of an alleged discriminatory event D. file the charge within 180 days of an alleged discriminatory event E. there is no time limit

D

When employers have been sued for monitoring the content of their employee's emails at work, the court have generally held that the monitoring A. is an invasion of privacy B. is an invasion of privacy if person e-mails are reviewed, not work-related e-mailed C. is sexual harassment if directed at women employees D. is legal, employers have the right to do so, in part to prevent sexual harassment E. none

D

Which of the following charactristics cannot be a bona finde occupation qualification A. sex B. religion C. national origin D. race E. all of the other specific choices can be a bona fide occupation qualification

D

Which of the following is an amendment to the Civil Rights Act of 1964 A. The Equal Employment Opportunity Act of 1972 B. the Pregnancy Discrimination Act of 1978 C. the Civil Rights Act of 1991 D. all of the other specific choices are amendments E. none

D

A person who has which of the following conditions is not protected under the Americans with Disabilities Act? A. severe disfigurement B. heart attack C. a history of drug abuse D. hearing impairment E. all of the other choices are likely to be protected

E

An employer may legally provide differential treatment to its employees based on A. merit B. seniority C. business necessity D. merit or seniority only E. merit, seniority or business necessity

E

Rememdies for victims of unlawful discriminatory emplloyement practices cannot include A. back pay B. artificial seniority C. attorney's fees D. back pay and attorney's fees only E. all of the specific choices are possible

E

Seniority can legally be used to determine which of the following A. eligibility for pension plans B. length of vacations C. security from layoffs D. amount of sick leave E. all of the other specific choices are correct

E

The Equal Pay act allows differences in wages between men and women employees if the differences are due to A. a system that measures earnings by quantity produced B. a merit system C. a seniority system D. a system that measures earnings by quantity produced or a merit system E. a system that measures earnings by quantity produced or a merit system or a seniority system

E

The Pregnancy Discrimination Act, a part of Title VII, provides protection for which pregnancy-related condition? A. fringe benefits B. childbirth C. related medical conditions D. insurance benefits and childbirth E. childbirth and related medical conditions and fringe benefits

E

The first federal law that specifically addressed equal employment issues was the A. Landrum-Griffin Act of 1959 B. Civil Rights Act of 1964 C. National Labor Relations Act of 1935 D. Interstate Commerce Act of 1887 E. Equal Pay Act of 1963

E

The laws against discrimination in employment cover which of the following areas A. hiring B. promotion C. transfers D. discipline E. all of the other specific choices are correct

E

The possible remedies that an injured party may sue for under Title VII include A. back pay B. punitive damages C. reinstatement D. back pay and reinstatement E. all of the specific choices are possible

E

The rules of affirmative action often require employers to A. conduct a work-force analysis for each job in an organization B. take corrective action if certain protected groups are underutilized in any job category C. make efforts to hire more women D. conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category E. conduct a work-force analysis for each job in an organization and take corrective action if certain protected groups are underutilized in any job category and make efforts to hire more women

E

Title VII prohibits discrimination in employment based on sex. This does not include A. sexual preferences B. marital status C. sexual identity D. sexual preferences or sexual identity E. sexual preferences or sexual identity or marital status

E

Which of the following employment measures is (are) allowed as a part of an affirmative action program? A. giving preferential treatment to minorities in hiring B. investing more in training minorities to enhance their qualifications C. setting goals for promotions of women employees D. none of the specific choices are allowed E. all of the specific choices are allowed

E

Which of the following is an example of age discrimination A. forcing retirement because of age B. requiring older workers to pass physical examinations as a condition of continued employment C. indicating an age preference in advertisements for employees D. choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in several years E. all of the other specific choices are correct

E

Which of the following is defined as a "major life activity" by the Department of Health and Human Services A. caring for one's self B. performing manual tasks C. walking D. seeing E. all of the other specific choices are major life activities

E

The Age Discrimination in Employment Act holds it illegal to discriminate in employment against A. persons under age 21 or over age 65 B. women or minorities under age 21 C. women or minorities aged 40-65 D. women or minorities aged 40-70 E. none

B

The most common claim of discrimination, which makes up about 36% of charges filed, is A. sex B. race C. experience D. age E. religion

B

If an employer is sued for age discrimination, which of the following defenses are not open to that employer? A. the employee was dismissed for good cause B. the employee did not do her work properly C. sex is bona fide occupational qualification D. younger workers are cheaper to employ than older workers E. the employer was observing a bona fide seniority system

D