CH 16
The most important antidiscrimination 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 VI of the Civil Rights Act of 1964 D) Title VIII of the Civil Rights Act of 1964 E) none of the above choices.
1964 B) Title VII of the Civil Rights Act of 1964
State law often extends the time to extend to a discriminatory suit to: A) 300 days B) 365 Days C) Two Years D) 5 Years E) State law doesn't change time.
A) 300 days
Title VII of the Civil Rights Act does not apply to which of the following: A) Business relationships B) employment agencies C) Labor unions in the private sector D) law firms E) All of the other choices
A) Business relationships
Laws Against Discrimination in Employment cover which of the following areas:
A) Hiring B) Benefits C) Termination D) Promotion E) Transfers F) Discipline
Reverse Discrimination is: A) Preferential treatment of protected class B) discrimination against a certain class C) preferential treatment of Whites D) none of the above.
A) Preferential treatment of protected class
Title VII of the Civil Rights Act does not apply to which of the following: A) Selection of independent contractors B) employment agencies C) Labor unions in the private sector D) law firms E) All of the other choices.
A) Selection of independent contractors
Under Title VII, color refers to: A) Shade of Skin B) A persons race C) A persons national origin D) A persons sexual orientation E) A persons appearance
A) Shade of Skin
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 is known as: A) an underutilization analysis B) a workforce analysis C) a contractor analysis D) a government contractor analysis E) an affirmative action analysis
A) an underutilization analysis
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 of the other choices are correct
A) meet the business necessity test
Employers may legally see to it that more minorities or women are hired without committing reverse discrimination if: A) minorities or women are underrepresented in an certain job category B) minorities or women comprise more than 75% of the company C) there is a union for the unprotected class of workers D) the minority or female candidates are less qualified than the candidates from unprotected classes. E) None of the other choices are correct
A) minorities or women are underrepresented in an certain job category
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 of the other choices.
A) more complex and less common
Equal Employment opportunity Law does not apply to: A) non-U.S. citizens working for U.S. companies in other countries B) non-U.S. citizens working for U.S. companies in the U.S. C) U.S. citizens working for U.S. companies in other countries D) U.S citizens working for U.S. companies in the U.S
A) non-U.S. citizens working for U.S. companies in other countries
Title VII allows what major defenses to employment discrimination charges? A) professionally developed ability tests, seniority or merit systems, and BFOQ B) professionally developed ability tests, BFOQ, and unintentional disparate treatment C) seniority or merit systems, BFOQ, and more than the minimal costs D) professionally developed intelligence tests, BFOQ, and more than the minimal costs E) none of the other choices.
A) professionally developed ability tests, seniority or merit systems, and BFOQ
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 of the other choices.
A) supported, and even required, racial segregation and labor market discrimination
Under Title VII, national origin refers to: A) the country where a person is born or the country from which his or her ancestors came B) the country of residence C) the origin of a persons ancestors D) most recently lived in country.
A) the country where a person is born or the country from which his or her ancestors came
Most common claims of religious discrimination in the workplace: A) the employer will not allow the employee to take time off work to attend religious services. B) the employer makes derogatory remarks about an employees religion C) the employer refuses to acknowledge employees religion D) the employer requires the employee to contribute to a religious charity E) the employer does not allow the employee to convert other employees to his religion.
A) the employer will not allow the employee to take time off work to attend religious services.
A main purpose of 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 above
A) to allow an employer to correct for underrepresentation
The employment rights of a person with disabilities and their rights to public accommodations, such as hotels, restaurants, theatres, public transport, telecommunications, and retail stores were expanded by: A) Rehabilitation Act of 1990 B) Americans with Disabilities Act of 1990 C) Americans With Disabilities Act of 1973 D) Disabled American Act of 1990 E) Physically Handicapped Act of 1990
B) Americans with Disabilities Act of 1990
The drive for civil rights in employment and other aspects of life became a national movement in: A) Late 1970's B) Early 1960's C) Late 1960's D) Early 1970's E) Late 1950's
B) Early 1960's
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) U.S. Civil Rights Commission.
B) Equal Employment Opportunity Commission
Which is not a protected class under Title VII A) Race B) Political affiliation C) religion D) National Origin E) All of the choices are correct
B) Political affiliation
The most common basis for a discrimination complaint (36%) is: A) sex B) Race C) experience D) age E) Religion
B) Race
The ____ provides protection of 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) Abled bodied worker act of 1990 E) None of the above.
B) Rehabilitation Act of 1973
Intersectional discrimination refers to the claim that: A) a persons suffered discrimination because of sexual orientation B) a person suffered discrimination because of race and religion C) a person suffered discrimination because of sexual orientation and religion D) A person was treated unfairly E) A person was not allowed to mention his cultural origin at work
B) a person suffered discrimination because of race and religion
If an employee voluntarily retires early because the incentives of the early retirement plan are so generous, than the employee: A) can still sue for age discrimination by claiming he was forced to retire early B) cannot sue for age discrimination by claiming he was forced to retire early C) is entitled to an extra 2 months of pay in addition to the retirement incentive package D) will not have to pay taxes on future income if he return to the workplace E) will never be eligible for social security benefits.
B) cannot sue for age discrimination by claiming he was forced to retire early
When the effect of a hiring or promotion is intentionally discriminatory it is called: A) bone fide occupational qualification B) disparate treatment C) disparate impact D) pretextual treatment E) none of the above
B) disparate treatment
Recently, voluntary affirmative action programs: A) have declined in prevalence 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 of the other choices are correct.
B) have become more common than court-ordered affirmative action programs
According to Title VII, it is ___ to use professionally developed ability tests to determine whether job applicants posses 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 of the other choices are correct.
B) legal as long as there is statistical validation of the tests
In general, employment discrimination laws in Europe and Japan, compared to those in U.S., are: A) non-existent B) less protective of women and minorities C) less protective of women, more protective of minorities D) less protective of minorities, but more protective of women E) more protective of women and minorities
B) less protective of women and minorities
Individual States: A) may not have civil rights acts that apply to employers exempt from Title VII B) may have civil rights acts that apply to employers exempt from Title VII C) may not have civil rights acts that protect additional classes of employees not covered by Title VII. D) may exempt employers from ant Title VII Regulation E) none of the other choices are correct
B) may have civil rights acts that apply to employers exempt from Title VII
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 choices are correct E) none of the above are correct
B) picking nurses on the basis of race in hospitals that have mostly black or white patients
Under Title VII of the Civil Rights Act prohibition of discrimination based on religion, an employer is: A) required to financially support employees religious practices B) required to provide reasonable accommodation for an employee's religious practices C) required to provide unconditional support for an employee's religious practices D) not required to provide reasonable accommodation for employee's religious practices E) required to assist employees seeking religious support at the workplace.
B) required to provide reasonable accommodation for an employee's religious practices
If workers are punished for participating in an official proceeding, such as filing an employment discrimination complaint or giving testimony in a discrimination investigation, they would have grounds for suit based on: A) sex discrimination B) retaliation C) court discriminations D) disparate treatment E) Pretext
B) retaliation
Under the Rehabilitation Act of 1973, all companies with federal contracts of ____ have a duty to ensure the disabled an opportunity in the workplace by providing reasonable accommodations. A) $5,000 or more B) $10,000 or more C) $2,500 or more D) $100,000 or more E) $50,000 or more
C) $2,500 or more
For Tittle VII of the Civil Rights Act to apply, an employer must have: A) At least 5 employees B) At least 10 employees C) At least 15 employees D) At least 50 employees E) At least 100 employees
C) At least 15 employees
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 of the above
C) Constructive Discharge
If an investigation of a discrimination charge is not settled by the EEOC working with the employer and complaining employee, to carry the case further: A) Employee must file suit against the employer with an EEOC law judge B) EEOC investigator files suit against the employer with an EEOC law judge C) EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer. D) EEOC must file suit in federal court on behalf of the employee E) EEOC turns the case over to the DOJ for prosecution
C) EEOC issues a "right-to-sue" letter giving the employee the right to sue the employer.
Under Federal law, if a person wishes to file a discrimination charge they must: A) file the charge within 10 days of the event B) File within 60 days of the alleged event C) File within 180 days of the alleged event D) File within a year of the alleged event E) There is no time limit for a discrimination charge.
C) File within 180 days of the alleged event
To meet religious requirements of employees. Employers must: A) incur any expense necessary B) incur up 10% of employees wage C) No more than minimal expenses to accommodate D) No expense at all E) None of the other choices.
C) No more than minimal expenses to accommodate
Under the equal pay act, pay differentials on the basis of sex are eliminated by: A) Lowering the wages of men B) Lowering the wages of women C) Raising Wages of Women D) Raising Wages of Both E) None of the above.
C) Raising Wages of Women
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) equal opportunity C) affirmative action D) disparate impact E) none of the above
C) affirmative action
Under the age discrimination in employment act employers: A) are not prohibited from cutting the health care benefits of employees over the age of 65 B) are prohibited from discriminating in employment against persons only over age 65 C) are prohibited from discriminating in employment against persons only over 40 D) may discriminate on the basis of age only if customers of the firm would object to the older employees. E) none of the above
C) are prohibited from discriminating in employment against persons only over 40 (Applies to companies over 20 people).
Which of the following questions would not violate the Americans with Disability 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 of the choices are correct
C) are you capable of doing the rigors demanded of this job?
The Office Of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs of federal contractors, 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) executive order 11246
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 of the other choices.
C) hire and fire which ever workers they wished
Discriminating against an employee on the basis of genetic information that indicates a person may be more likely than average to have a heart problem is: A) Illegal based on age discrimination B) Illegal based on medical history discrimination C) illegal based on genetic information discrimination D) not illegal if can be related to job function E) Genetic information is not protected.
C) illegal based on genetic information discrimination
Denying a women a job, assignment, or promotion because she is pregnant or has children is: A) legal, as long as there is specific company policy in place B) legal in most states C) illegal because it is a form of pregnancy discrimination D) none of the above.
C) illegal because it is a form of pregnancy discrimination
When employers have been sued for monitoring the content of their employee's e-mails at work, the court have generally held that the monitoring: A) An invasion of privacy B) is an invasion if personal e-mails are reviewed C) is legal, employers have the right to do so, in part to prevent sexual harassment. D) none of the above.
C) is legal, employers have the right to do so, in part to prevent sexual harassment.
When employment practices can be shown to discriminate against some employees: A) the burden is on the courts to prove that the challenged practices are justified as a business necessity and are job related B) the burden is on the employees to prove that the challenged practices are justified as a business necessity and are job related. C) the burden is on the employer to prove that the challenged practices are justified as a business necessity and are job related D) there is no defense for a business E) none of the other choices are correct
C) the burden is on the employer to prove that the challenged practices are justified as a business necessity and are job related
If a plaintiff establishes a "prime 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 of the other choices.
C) the burden of proof shifts to the employer
In general, to require job applicants 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 the job. D) valid if one of tests certified by the department of Labor E) none of the other choices.
C) valid if shown to be an accurate predictor of ability to the job
The Americans with Disabilities Act was passed in: A) 1964 B) 1973 C) 1978 D) 1990 E) 1996
D) 1990
The possible remedies that injured party may sue for under Title VII include: A) back pay B) punitive damages C) reinstatement D) All of the above
D) All of the above
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 above choices E) None of the above choices.
D) All of the above choices
The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who: A) has a physical impairment which substantially limits a major life activity B) has a metal impairment which substantially limits a major life activity C) has a record of having serious physical impairment D) All of the above.
D) All of the above.
If an employer uses a decision rule that causes discriminations 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 as long as it wasn't intentional B) disparate treatment, which is illegal C) disparate impact, but it legal as long as not intentional D) Disparate impact, which is illegal.
D) Disparate impact, which is illegal.
The group that brings the most discrimination claims based on national origin is: A) whites B) Asians C) Native Americans D) Hispanics E) none of the above
D) Hispanics
Physical exams for new employees are legal if: A) the same test is given to all new employees B) the results are kept confidential C) the exams are related to the ability to do the job D) all of the choices are correct E) never legal
D) all of the choices are correct
Which of the following characteristics cannot be a bona fide occupation qualification: A) Sex B) Religion C) national origin D) race E) All of the other specific choices
D) race
A person protected by Title VII applies for a job and is rejected. To prove a prima facia 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) the person remained unemployed
If, at a trail a person has claimed employment discrimination has occurred, and the employer has offered a rationale for what happened, then: A) the plaintiff need do no more if a prima facie case had been established; the plaintiff wins B) the employer wins C) the court requests testimony from the EEOC about its investigation and opinion of the case D) the plaintiff must show the employer's reason is a pretext or excuse for illegal behavior E) the court usually sends the case for arbitration for resolution
D) the plaintiff must show the employer's reason is a pretext or excuse for illegal behavior
Quid Pro Quo sexual harassment occurs when: A) There are sexually explicit pictures displayed in the workplace B) one employee touches another in an offensive way C) an employer uses crude or demeaning language in private D) there is a promise of a reward, such as a pay raise, for sexual favors E) None of the above
D) there is a promise of a reward, such as a pay raise, for sexual favors
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 a 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) younger workers are cheaper to employ than older workers
Which of the following could be used as evidence in a discrimination trial that the employer rationale was pretext for disparate treatment: A) inconsistency in decision made by employer B) giving different reasons at different times for the decision C) statistical evidence of discrimination D) the employee believes the comments to be discriminatory E) A,B,C are correct F) All of the choices are correct.
E) A,B,C are correct
Besides regular private employers, Title VII applies to which of the following? A) Labor unions B) employment agencies C) government agencies D) A & B E) All are correct
E) All are correct
Sexual Harassment includes: A) comments on physical attributes B) Deliberate, unsolicited touching of a sexual nature C) using crude or offensive language directed at women D) discussing explicit sexual activities E) All of the above.
E) All of the above
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 marital status E) All of the above
E) All of the above
To determine if there is a hostile environment in a sexual harassments case courts look at: A) how often the conduct in question occurred B) whether the alleged harassments' was a supervisor or a co-worker C) whether there was talk or actual talk D) whether more than one person was involved E) All of the above
E) All of the above
Under Title VII, recognized racial classes include: A) Whites B) Native Americans C) Hispanics D) Asians E) All of the above
E) All of the above
Under the Disabilities Act, employers are required to make reasonable accommodations. This could include: A) Providing a reader for a blind employee B) providing wheelchair access to company facilities C) modifying work schedules to accommodate disabled employees D) redesigning work stations so they are usable by disabled persons. E) All of the above
E) All of the above
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) A & B E) All of the choices are correct
E) All of the choices are correct
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 attendants in dressing rooms based on sex C) picking topless waitresses on the basis of sex D) All of the choices are illegal E) All of the choices are legal
E) All of the choices are legal
Title VII of the Civil Rights Act protects all of the following classes from employment discrimination except: A) Race B) Color C) National Origin D) Women who are not pregnant E) All of the other choices
E) All of the other choices
Under the equal pay act, men and women may be paid different wages if wages are based on: A) Seniority System B) Merit System C) Quantity Of Production D) Quality Of Production E) All of the other choices
E) All of the other choices
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 future employment C) Indicating an age preference in advertisements for employees D) Choosing to promote younger workers because future retirement of older worker. E) All of the other choices are correct
E) All of the other choices are correct
Which of the following employment measures is (are) allowed as 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 choices E) All of the specific choices are allowed
E) All of the specific choices are allowed
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) Childbirth and related medical conditions and fringe benefits
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 Act of 1935 D) Interstate commerce act 1887 E) Equal Pay act of 1963
E) Equal Pay act of 1963
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) Merit, seniority, or business necessity
The Equal Pay Act prohibits discrimination on the basis of: A) Age B) Sexual orientation C) Seniority D) Nationally E) Sex
E) Sex
are Remedies for victims of unlawful discriminatory employment practices cannot include: A) back pay B) artificial seniority C) attorney's fees D) back pay and attorney fee's only E) all of the choices are possible
E) all of the choices are possible
Seniority can be 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 choices.
E) all of the other choices.
Executive Order 11246 requires all: A) small business to undertake affirmative action programs B) minority-owned businesses to undertake affirmative action programs C) private universities to undertake affirmative action programs D) agricultural businesses to undertake affirmative action programs E) business with federal contracts totaling $10,000 a year to take affirmative action.
E) business with federal contracts totaling $10,000 a year to take affirmative action.
To select an employee from a group of applicants, employers may not use a selection criteria that results in: A) Disparate treatment B) a perpetuation of past patterns of discrimination C) a disparate impact D) disparate treatment or disparate impact only E) disparate treatment or disparate impact or perpetuation of past patterns of discriminations
E) disparate treatment or disparate impact or perpetuation of past patterns of discriminations
In a trail where a person has claimed employment discrimination has occurred and the plaintiff has shown a prima facie case, the employer's reason for his action must be: A) legitimate B) nondiscriminatory C) clear D) Reasonably Specific E) A,B,C F) All of the Above
F) All of the Above
Which of the following is defined 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) Speaking F) All of the above
F) All of the above
The following condition (s) is protected Under the Disabilities Act: A) Severe disfigurement B) heart attack risk C) a history of drug abuse D) hearing impairment E) Blindness F) Deafness G) All of the above
G) All of the above
Requiring modelers of male clothing to be 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. legal because in this instance sex is a bona fide occupation qualification
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 of the other choices are acceptable
c. test for ability to perform a certain job
