Chapter 2 Equal Opportunity and the Law

According to ________, an employer can claim that an employment practice is a bona fide occupational qualification for performing the job. A) Title VII of the 1964 Civil Rights Act B) Vocational Rehabilitation Act of 1973 C) Age Discrimination in Employment Act of 1967 D) Executive Orders 11246 and 11375 E) 1972 Equal Opportunity Act

A

All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________. A) the verbal remarks of a co-worker were sexually flirtatious B) the rejection of a supervisor's sexual advances led to a demotion C) a hostile work environment was created by a co-worker's sexual conversation D) a hostile work environment was created by a nonemployee's sexual advances E) a hostile work environment was created by a supervisor's sexually abusive conduct

A

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 ________. A) high school diplomas were not related to success as a coal handler B) Duke Power Company intentionally discriminated based on race C) no business necessity existed for Duke Power Company D) Title VII forbids job testing E) Griggs held a GED

A

Race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation? A) mixed motive B) business necessity C) disparate impact D) liability defense E) burden of proof

A

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 male co-worker. The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. All of the following are most likely relevant questions to address in this court case EXCEPT ________. A) Does Sanders have a record of employees who claim disparate treatment in the work place? B) Did the plaintiff verbally state to her male co-worker that she found his behavior offensive? C) Did Sanders take reasonable care to prevent sexual harassment in the work place? D) Does Sanders have a policy statement regarding sexual harassment? E) Is the male co-worker a U.S. citizen and is Sanders a U.S. entity?

A

The EEOC describes a(n) ________ 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. A) fact-finding conference B) voluntary mediation C) voluntary negotiation D) mandatory arbitration E) alternative dispute resolution

B

The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. A) Fifth Amendment B) Civil Rights Act of 1866 C) Title VII of the 1964 Civil Rights Act D) Civil Rights Act of 1991 E) Thirteenth Amendment

B

The ________ provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured. A) Civil Rights Act of 1991 B) Federal Violence Against Women Act of 1994 C) Pregnancy Discrimination Act D) Vietnam Era Veterans' Readjustment Assistance Act of 1974 E) Vocational Rehabilitation Act of 1973

B

The ________ requires certain federal contractors to take affirmative action for disabled persons. A) Equal Pay Act B) Vocational Rehabilitation Act C) Age Discrimination in Employment Act D) Americans with Disabilities Act E) Civil Rights Act

B

Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact. A) occupational qualification B) business necessity C) affirmative action D) burden of proof E) fair in form

B

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) a state agency with 65 employees B) a medical office with 25 employees C) a local restaurant with 10 employees D) a department store with 100 employees E) a public school with 30 employees

C

According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________. A) sue an employer for age-based pay B) fire older employees for insubordination C) require employees to retire at age 65 D) allow juries to determine age discrimination E) institute a minimum age for employees

C

Employers primarily use bona fide occupational qualification (BFOQ) as a defense against charges of discrimination based on ________. A) sexual orientation B) religion C) age D) gender E) nationality

C

If a person is in a protected class, he or she is protected by which of the following? A) Department of Labor guidelines B) Sarbanes-Oxley Act C) Title VII of the Civil Rights Act D) Consumer Protection Act E) National Labor Relations Board

C

In Bakke v. Regents of the University of California, which of the following claims was made by Allen Bakke? A) sexual harassment B) racial discrimination C) reverse discrimination D) affirmative action E) quid pro quo

C

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? A) filing a complaint with the local EEOC office B) filing a complaint with the human resource director C) filing a verbal complaint with the harasser's boss D) writing a letter to the accused E) consulting an attorney

C

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 male co-worker. The woman claims that Sanders' 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? A) The male employee physically threatened the plaintiff on three occasions. B) The male employee made sexual advances towards the plaintiff on a daily basis. C) The male employee was required by HR to participate in a sexual harassment awareness course. D) The male employee's conduct significantly interfered with the plaintiff's ability to perform her job. E) The plaintiff discussed her concerns about the male employee's conduct with female co-workers.

C

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? A) plaintiff B) employee C) employer D) judge E) EEOC

C

Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws? A) Buckley v. Valeo B) Brown v. Board of Education C) Griggs v. Duke Power Company D) West Coast Hotel Co. v. Parrish E) Abington School District v. Schempp

C

Which of the following appoints the members of the EEOC? A) U.S. Congress B) U.S. Supreme Court C) President of the United States D) Department of Justice E) American voters

C

Which of the following best explains why employers win the majority of ADA cases? A) Employers make the necessary reasonable accommodations for employees. B) Employers prove that age negatively impacts an employee's job performance. C) Employees fail to prove that they are disabled yet qualified to perform a job. D) Conservative judges are sympathetic towards small-business owners. E) Employee attorneys fail to draw connections between Title VII and ADA.

C

Which of the following does NOT participate in the issuance of uniform guidelines? A) EEOC B) Department of Labor C) Better Business Bureau D) Department of Justice E) Civil Service Commission

C

Which of the following factors is NOT an acceptable basis for different pay for equal work under the Equal Pay Act of 1963? A) merit B) seniority C) gender D) production quality E) production quantity

C

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? A) personnel population comparison approach B) restricted policy comparison method C) population comparisons approach D) McDonnell-Douglas test E) BFOQ method

C

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? A) codetermination B) voluntary mediation C) fact-finding conference D) collective bargaining E) mandatory arbitration

C

Which of the following requires employers to make reasonable accommodations for disabled employees? A) Civil Rights Act of 1991 B) Equal Pay Act of 1963 C) Americans with Disabilities Act of 1990 D) Vocational Rehabilitation Act of 1973 E) Disability Discrimination in Employment Act of 1967

C

Which type of disability accounts for the greatest number of ADA claims? A) drug-related B) cosmetic C) mental D) vision E) hearing

C

________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. A) Unintentional discrimination B) Disparate impact C) Disparate treatment D) Adverse impact E) Prima facie

C

Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection, record keeping, and preemployment inquiries? A) job specifications B) employment metrics C) process charts D) uniform guidelines E) applicant tracking systems

D

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? A) disparate treatment B) disparate impact C) business necessity D) adverse impact E) prima facie

D

Which of the following tests for adverse impact and involves demonstrating that the employer's policy either intentionally or unintentionally excludes members of a protected group? A) McDonnell-Douglas test B) BFOQ approach C) systemic method D) restricted policy E) prima facie

D

All of the following recruitment practices are potentially discriminatory EXCEPT ________. A) spreading information about job openings through word-of-mouth among a firm's predominantly Hispanic workforce B) providing misleading information to Asian and Indian job applicants C) refusing to advise older applicants about work opportunities D) posting help wanted ads that specify young, male applicants E) posting job advertisements only in local newspapers

E

The restricted policy approach involves demonstrating that an employer's hiring practices either intentionally or unintentionally exclude members of a protected group.

T

The EEOC was initially established to investigate complaints about ________. A) job discrimination B) unfair business practices C) sexual harassment in schools D) structural accommodations for disabled people E) overtime payments for labor union members

A

What is the most common next step in the EEOC enforcement process after a person files an employment discrimination claim? A) The EEOC either accepts or refers the charge. B) The two parties are required to participate in mediation. C) A commission investigates the claim in an open-meeting. D) The EEOC determines if the charge is based on Title VII rules. E) The employer and EEOC bring a civil suit in a federal district court.

A

When companies utilize ________, they take steps to eliminate the present effects of past discrimination. A) affirmative action B) executive orders C) rehabilitation action D) civil rights guidelines E) equal pay rules

A

Which of the following will be the most likely result of the ADA Amendments Act of 2008? A) Employees will find it easier to prove that their disabilities are limiting. B) The number of major life activities considered disabilities will be narrowed. C) Employers will be required to make fewer accommodations for workers with disabilities. D) Employers will be required to hire a specific percentage of disabled workers to be in compliance. E) Employees will apply for more jobs knowing that the legislation guarantees their employment.

A

All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________. A) burden of proof is on the employer B) performance standards should be unambiguous C) business necessity is a defense for an existing program D) employment selection practices must be job related E) discrimination does not have to be overt to be illegal

B

All of the following are ways that an employee or job applicant can show adverse impact EXCEPT ________. A) comparing disparate rejection rates B) holding a fact-finding conference C) utilizing population comparisons D) using the McDonnell-Douglas test E) showing a firm has a restricted policy

B

All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________. A) maintaining thorough records of all sexual harassment complaints B) informing all employees about sexual harassment investigations C) instituting a sexual harassment reporting process D) training employees in sexual harassment policies E) investigating sexual harassment charges promptly

B

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? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) hostile environment created by nonemployees E) none of the above; Shelley is not a victim of sexual harassment

B

How many members serve on the Equal Employment Opportunity Commission? A) 3 B) 5 C) 9 D) 10 E) 12

B

The 13th Amendment to the U.S. Constitution addresses the subject of ________. A) due process B) slavery C) private property D) trial by jury E) women's rights

B

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 statements is most likely relevant to this court case against Western Airlines? A) Most pilots at Western Airlines belong to labor unions and are involved in collective bargaining arrangements detrimental to the industry. B) The job requirements for pilots at Western Airlines are a business necessity due to the human risks associated with hiring unqualified applicants. C) The Age Discrimination in Employment Act prevents firms, such as Western Airlines, from discriminating when age is a BFOQ. D) Western Airlines has been in operation for over twenty years and has never been sued for EEO violations. E) As a global firm, Western Airlines can easily establish a prima facie case of discrimination based on race.

B

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"? A) First Amendment B) Fifth Amendment C) Tenth Amendment D) Thirteenth Amendment E) Fourteenth Amendment

B

Which court case provided details regarding how employers could validate the relationship between screening tools and job performance? A) West Coast Hotel Co. v. Parrish B) Albemarle Paper Company v. Moody C) Griggs v. Duke Power Company D) Burlington Industries v. Ellerth E) Ward Cove v. Atonio

B

Which defense requires showing that there is an overriding company-related purpose for a discriminatory practice and that the practice is therefore acceptable? A) prima facie B) business necessity C) adverse impact D) mixed motive E) organizational preference

B

Which of the following is most likely characteristic of a firm effectively implementing a diversity management program? A) Female and minority managers have high turnover rates. B) Female and minority employees have access to international job assignments. C) Female and minority employees report directly to low-level managers. D) Diversity training requirements are only completed by minority and female workers. E) Voluntary mediation occurs frequently among female and minority workers.

B

Which of the following requires equal pay for equal work regardless of sex? A) Title VII of the 1964 Civil Rights Act B) Equal Pay Act of 1963 C) Executive Order 11246 D) Pay Discrimination in Employment Act of 1967 E) Civil Rights Act of 1991

B

In 2006, which of the following became a major focus for the EEOC? A) age discrimination cases B) voluntary mediation C) grievance procedures D) cases of systemic discrimination E) diversity management programs

D

In which of the following situations does sexual harassment NOT violate Title VII? A) if the conduct substantially interferes with a person's work performance B) if the conduct creates an intimidating work environment C) if the conduct creates a hostile work environment D) if the conduct is motivated by both age and gender E) if the conduct creates an offensive work environment

D

Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely intended to protect Paul from discrimination? A) Executive Order 11375 B) Equal Pay Act of 1963 C) Executive Order 11246 D) Age Discrimination in Employment Act of 1967 E) Thirteenth Amendment to the U.S. Constitution

D

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 male co-worker. The woman claims that Sanders' 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 best support the plaintiff's argument that Sanders is liable for sexual harassment? A) Sanders re-published its sexual harassment policy twice within the last year. B) The HR department at Sanders has records of the plaintiff's initial complaints. C) Exit interviews of outgoing Sanders employees include questions about sexual harassment. D) Sanders lacks a management response system for handling sexual harassment complaints. E) Sanders recently lost a court case filed by former employees who claimed disparate treatment.

D

The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held that it bars racial discrimination. A) First B) Fifth C) Tenth D) Thirteenth E) Fourteenth

D

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? A) At Western Airlines, turnover is high among minority employees working as pilots and flight attendants. B) Recent experiences with college recruiting have led Western Airlines to increase the percentage of its minority pilots. C) Job capability as a Western Airlines pilot depends most heavily on age, gender, and previous job experiences. D) The total number of hours spent flying a commercial airline is a valid predictor of performance for most Western Airlines pilots. E) Western Airlines bases its selection tests and hiring practices on industry guidelines for commercial pilots.

D

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. A) 25 B) 50 C) 75 D) 80 E) 100

D

Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________. A) race B) religion C) color D) sexual orientation E) national origin

D

Which of the following is most likely an example of a discriminatory selection standard? A) measuring a software designer applicant's knowledge about a computer language B) requiring a high school teacher applicant to have a four-year college degree C) collecting work history information from a managerial applicant D) requiring engineer applicants to meet specific height standards E) asking prison guard applicants to reveal their arrest records

D

Which of the following is used by lawyers in disparate impact cases to show intentional disparate treatment? A) disparate rejection rates B) restricted policy approach C) population comparisons D) McDonnell-Douglas test E) 4/5ths rule

D

According to the Americans with Disabilities Act, which of the following would be considered a disability? A) homosexuality B) voyeurism C) pyromania D) compulsive gambling E) AIDS

E

According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for all of the following EXCEPT ________. A) back pay B) job reinstatement C) punitive damages D) compensatory damages E) substantive consolidation

E

In which of the following jobs would gender most likely be appropriate to use as a BFOQ? A) fire fighter in a metropolitan fire department B) parole officer for a county court system C) prison guard at a federal penitentiary D) teacher at a private, all-girls school E) actor in a toothpaste commercial

E

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? A) hostile environment created by nonemployees B) hostile environment created by supervisors C) hostile environment created by co-workers D) disparate treatment E) quid pro quo

E

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. A) BARS B) ADEA C) ADA D) EEOC E) BFOQ

E

Under ADA, those who can carry out the essential functions of the job are known as which of the following? A) protected class B) line managers C) career anchors D) staff authorities E) qualified individuals

E

Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________. A) employee selection B) record keeping C) preemployment inquiries D) sexual harassment E) psychological testing

E

Which legislation was responsible for the creation of the Equal Employment Opportunity Commission? A) 13th Amendment B) Equal Pay Act of 1963 C) Civil Rights Act of 1866 D) Executive Orders 11246 and 11375 E) Title VII of the 1964 Civil Rights Act

E

Which of the following is NOT a form of sexual harassment according to EEOC guidelines? A) unwelcome sexual advances that create an intimidating work environment B) requests for sexual favors made implicitly as a condition of employment C) verbal conduct of a sexual nature that unreasonably interferes with work performance D) physical conduct of a sexual nature that creates an offensive work environment E) mutually consensual physical conduct of a sexual nature between co-workers

E

Which of the following is a true statement regarding U.S. EEO laws and international employees? A) U. S. EEO laws do not apply to jobs located outside the U.S. even when the employee is a U.S. citizen and the employer is a U.S. entity. B) U.S. EEO laws apply to jobs located outside the U.S. when the employer is a foreign entity and the employee is a U.S. citizen. C) U.S. EEO laws do not apply to jobs located inside the U.S. when the employer is a foreign entity and the employee is a foreign citizen. D) U.S. EEO laws apply to foreign citizens in jobs located outside the U.S. if the employer is a U.S. entity. E) U.S. EEO laws apply inside the U.S. when the employer is a U.S. entity and the employee is a foreigner legally authorized to work in the U.S.

E

Which of the following is responsible for implementing Executive Orders 11246 and 11375 that were issued by the Johnson administration? A) Equal Employment Opportunity Commission B) Pension Benefits Guarantee Corporation C) Occupational Safety and Health Administration D) National Labor Relations Board E) Office of Federal Contract Compliance Programs

E

Which of the following refers to the variety of demographic features that characterize a company's workforce? A) competency B) ethnocentricity C) globalization D) mobility E) diversity

E

According to the ADA, firms must employ all disabled individuals who apply for positions and provide them with job training when necessary.

F

According to the Civil Rights Act of 1991, an employment discrimination claim must be filed within 60 days after the alleged incident occurred or a claim cannot be filed.

F

Due to extensive legislative efforts, most of today's sexual harassment victims complain to their managers and sue their employers rather than quitting their jobs, which was a more common response in the past.

F

Employers frequently use a bona fide occupation qualification as a defense against charges of intentional discrimination based on gender rather than factors such as age or religion.

F

Individuals diagnosed with HIV/AIDS are not protected from discrimination under the Americans with Disabilities Act, although legislation is being considered.

F

Only an aggrieved individual can file job discrimination charges against a business.

F

Shippers Express is accused of adverse impact on a protected group. 80% 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.

F

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."

F

The 14th Amendment to the U.S. Constitution led to the establishment of the EEOC.

F

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.

F

The Age Discrimination in Employment Act prohibits the use of age as a BFOQ for any type of employment.

F

The Civil Rights Act of 1991 makes it more difficult for plaintiffs to sue for monetary damages in cases of disparate treatment.

F

The McDonnell-Douglas test is a procedure used by federal agencies to assess disparate impact.

F

Title VII forbids the testing or screening of job applicants because testing systematically discriminates against certain protected classes.

F

To prove sexual harassment, it is necessary to show that the harassment had tangible consequences such as demotion or termination.

F

Under no circumstances may religion be used as a bona fide occupational qualification (BFOQ).

F

Under the Civil Rights Act of 1991, disparate impact claims require proof of discriminatory intent.

F

According to GINA, health insurers and employers are prohibited from discriminating based on people's genetic information.

T

According to federal laws, asking job candidates about their marital status is not illegal;however, a firm needs to be able to defend the practice as a BFOQ to avoid raising discrimination issues.

T

Alternative dispute resolution is a grievance procedure that provides for binding arbitration as the last step in employment discrimination claims.

T

Courts have ruled that educational qualifications are illegal when the qualifications are not job related.

T

Defining the relevant labor market is a crucial step in using population comparisons to show adverse impact.

T

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.

T

In O'Connor v. Consolidated Coin Caterers Corp., the Supreme Court 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.

T

Managing diversity means maximizing diversity's potential advantages while minimizing the potential hindrances of diversity that can undermine a firm's performance.

T

Mental disabilities, such as depression and anxiety disorders, account for the greatest number of claims brought under the ADA.

T

The Americans with Disabilities Act of 1990 does not list specific disabilities but provides impairment guidelines instead.

T

The EEOC receives and investigates job discrimination complaints from aggrieved individuals.

T

Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public or private employers of 15 or more persons.

T