Chapter 3

The Age Discrimination in Employment Act protects only those workers who are over the age of

40

Jancy, a marketing executive in her late thirties, had worked at a reputable marketing firm for the last three years. However, she was fired from the company without any prior notice when she collapsed at work after experiencing an epileptic seizure. Following this, Jancy sued the company under the Occupational Safety and Health Act. Americans with Disabilities Act. Executive Order 11246. Rehabilitation Act of 1973. Executive Order 11478.

Americans with Disabilities Act.

The __________ is the set of guidelines issued by the EEOC and other agencies to identify how an organization should establish a recruitment process that is free and fair. Uniform Commercial Code Uniform Guidelines on Employee Selection Procedures Equal Opportunity Legislation and Policy Equal Employment Opportunity Commission's Employer Information Report Code of Federal Regulations

Uniform Guidelines on Employee Selection Procedures

The Americans with Disabilities Act protects individuals who are left-handed. are obese. are nearsighted. are severely disfigured. engage in substance abuse.

are severely disfigured.

A __________ refers to an agreement between the EEOC and an organization that the organization will cease certain discriminatory practices and possibly institute additional affirmative-action practices to rectify its history of discrimination. trust agreement good faith bargaining consent decree judicial estoppel letter of indemnity

consent decree

An accounting firm is in the process of interviewing candidates for the position of administrative assistant. A job candidate arrives at an interview accompanied by a service dog. Which action by an employer would best meet the requirements of equal employment opportunity? making every possible accommodation for this person, at any cost describing job requirements and asking the employee how she would meet them hiring the candidate, whether or not she is qualified for the job explaining that the company has a no-pets rule telling the candidate politely that a blind person can't be a receptionist

describing job requirements and asking the employee how she would meet them

Which action could be an example of how the Occupational Safety and Health Administration plays a role in the legal environment for human resource management? filing lawsuits against alleged violators of the Occupational Safety and Health Act passing laws to protect workers' safety and health issuing executive orders related to worker safety and health holding trials concerning alleged violations of the Occupational Safety and Health Act holding trials concerning alleged violations of its regulations

filing lawsuits against alleged violators of the Occupational Safety and Health Act

What is one way in which the executive branch helps create the legal environment for human resource management? interpreting federal laws holding trials concerning violations of equal opportunity laws overturning Supreme Court decisions enacting laws governing worker safety and health filing suit against violators of equal opportunity laws

filing suit against violators of equal opportunity laws

The Vocational Rehabilitation Act of 1973 was introduced to enhance employment opportunity for older employees. women. minors. minorities. individuals with disabilities.

individuals with disabilities.

Jolene thinks her company is discriminating against a particular group of employees by denying them seniority or promotions. She expresses her concern to a senior human resources manager. This method of expressing concern about an instance of illegal employment through proper channels is known as retaliation. participation in a proceeding. discrimination. opposition. affirmative action.

opposition

When an individual is promised a positive outcome for submission to sexual advances, or threatened with a negative outcome for failure to submit to sexual activities, this is referred to as quid pro quo harassment. disparate impact. undue hardship. adverse impact. reverse discrimination.

quid pro quo harassment.

Nicholas, a blind man in his early twenties, was recently hired as a DJ at a local radio station in New York. He was given permission by his manager to bring his guide dog to work. In this instance, Nicholas' employer made a(n) reverse discrimination. disparate impact. reasonable accommodation. undue hardship. disparate treatment.

reasonable accommodation.

According to the Equal Pay Act of 1963, men and women performing the same job cannot have differences in pay on the basis of quality of production. seniority. sex. education. merit.

sex

Which act represents participation in a proceeding? removing a whistleblower from employment implementing affirmative action measures testifying in an investigation retaliating against a whistleblower expressing dissatisfaction over employment casually

testifying in an investigation

A vehicle manufacturing company decides to hire 35 employees for its new servicing branch. A total of 90 eligible applicants apply for the job, of which 40 are Black and 50 are white. Assuming that the company decides to hire 10 Blacks and 25 whites, what can be inferred using the four-fifths rule? 2 > 0.8; this indicates that there is evidence of discrimination. 0.5 < 0.8; this indicates that there is no evidence of discrimination. 2 > 0.8; this indicates that there is no evidence of discrimination. 0.5 < 0.8; this indicates that there is evidence of discrimination. The hiring rate for Blacks is equal to four-fifths the hiring rate of whites; hence, there is no evidence of discrimination.

0.5 < 0.8; this indicates that there is evidence of discrimination.

Under the Uniformed Services Employment and Reemployment Rights Act of 1994, employers must reemploy workers who left jobs to fulfill military duties for up to __________ years. 6 5 7 8 10

5

After filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or other governmental agency, how long will an individual have to wait before having the right to sue in federal court?

60 days

Wayne is an HR manager preparing a message to his company's employees, explaining the company's new policy of valuing diversity. Which statement should he use to express the best business case for valuing diversity? Valuing diversity involves administrative decisions for the human resource department. A diverse workforce is necessary to stay out of legal trouble related to equal employment opportunity. A diverse workforce makes the company more competitive by providing insights into its diverse customers. Valuing diversity takes many forms, including affirmative action and rewards for demonstrating respect. Valuing diversity need not be limited to employees in categories protected by law.

A diverse workforce makes the company more competitive by providing insights into its diverse customers.

Which statement reflects a violation of the Age Discrimination in Employment Act? Older employees are permitted to work even after attaining the retirement age. A person is denied employment because of the fact that he is a minor. An employee chooses voluntary retirement before attaining the retirement age. A sixty-year old is given a pay cut based on the fact that he is older than other employees. Older workers in an organization are better compensated than the younger workers.

A sixty-year old is given a pay cut based on the fact that he is older than other employees.

Barry has been a systems analyst at a software company for six years. Although he works hard, gets favorable performance reviews, takes night classes in business management, and has applied for promotions, his co-workers always get the promotions instead. Barry asked his co-workers about this, and one of them said, "Don't you realize? This management will never promote someone like you." This supports Barry's concern that he may be a target of discrimination because he is Black; other talented employees are Black, but no Black employees have moved into management positions. Barry decides to discuss the problem with the human resource manager. If he can't find a satisfactory solution that way, with which federal agency could he file a complaint? Uniform Guidelines on Employee Selection Procedures Office of Federal Contract Compliance Programs Anti-Discrimination Federal Agency Federal Register Equal Employment Opportunity Commission

Equal Employment Opportunity Commission

Arabela, a Hispanic female in the accounting department of a large retail chain, believes she has been the victim of race and sex discrimination. What is a reason she would not be able to turn to the Office of Federal Contract Compliance Programs (OFCCP) for assistance with this problem? Her company does not have an affirmative-action plan on file. A retail chain would not be affected by federal anti-discrimination laws. The injury to Arabela is under the $50,000 threshold. The OFCCP protection does not cover sex discrimination. Her employer doesn't have contracts with the federal government.

Her employer doesn't have contracts with the federal government.

Which statement accurately represents the Americans with Disabilities Act? It is used to protect individuals with conditions such as obesity and substance abuse. It classifies a person who needs ordinary eyeglasses or contact lenses to perform each major life activity with little or no difficulty as disabled. It goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the legislation. It permits an employer to cut down on fringe benefits of individuals with disabilities. It permits discrimination in areas such as layoffs and leaves.

It goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the legislation.

What is the legal basis for considering sexual harassment to be illegal discrimination? It is a form of disability-related discrimination. It is a threat to workplace safety. It is a form of sexual discrimination. It is a form of age discrimination. It is a form of workplace violence.

It is a form of sexual discrimination.

Which statement about a bona fide occupational qualification is true? It is considered illegal by a court. It is used to deem disparate treatment illegal. It is a preferred qualification for the job. It is a necessary qualification for a job. It is strictly prohibited by organizations.

It is a necessary qualification for a job.

Which statement characterizes the Civil Rights Act of 1991? It prohibits violators from paying compensatory damages. It limits the maximum punitive damages to $50,000 for all organizations even if the discrimination was intentional. It limits damage claims to attorney's fees and costs. It limits the maximum punitive damages allowed depending on the size of an organization. It requires violators to pay punitive damages that specifically cover emotional pain and suffering.

It limits the maximum punitive damages allowed depending on the size of an organization.

Which statement about quid pro quo harassment is true? It refers to an individual gaining benefit in return for a sexual favor. It involves mocking an individual's sexual orientation. It provides preferential treatment for the minority gender at the workplace. It involves harassment against people based exclusively on the factor of age. It involves making hiring decisions based on the gender of the applicant.

It refers to an individual gaining benefit in return for a sexual favor.

Which situation may involve disparate impact? Cain is not permitted to train on a new manufacturing machine because he has not yet completed his company's mandatory workplace safety training course. Carly wants to be part of her local police force. Both men and women are encouraged to apply, but Carly discovers the force has a minimum height requirement of 5'8''. She is 5'6''. Gerry is reviewing applications for an open position at his company. One step in the hiring process requires him to investigate conviction records for all of the job applicants. Helen, an HR employee at a university, is putting together a job listing for an open faculty position. Her listing specifies that interested applicants must have a doctoral degree. Mai's coworker, Randi, is up for a promotion. Both were hired at the same time for the same entry-level accounting positions, and both have the same level of education. However, Randi consistently seeks to take on additional responsibilities, while Mai barely turns her own work in on time.

NOT Gerry, Helen

Which statement about avoiding discrimination is true? Proving disparate treatment in court does not require the plaintiff showing an employer's intent. Reasonable accommodation is provided subject to the condition of undue hardship. A bona fide occupational qualification is a merely preferred qualification for performing a job. Proving disparate impact in court requires showing an employer's intent. If the four-fifths rule is satisfied, substantial evidence of discrimination exists.

Reasonable accommodation is provided subject to the condition of undue hardship.

Identify the correct statement regarding reasonable accommodation. Reasonable accommodation is provided by an organization even if the requisite changes create undue hardship on the organization. Reasonable accommodation is the same as reverse discrimination. Reasonable accommodation is provided on a standardized basis without the provisions being tailored to the individual needs of employees. Reasonable accommodation is typically provided in situations involving individuals with disabilities or different religious needs. Reasonable accommodation exclusively compensates for the poor educational background that hampers the progress of employees.

Reasonable accommodation is typically provided in situations involving individuals with disabilities or different religious needs.

Portia's use of illegal drugs limits her ability to walk properly. The elevator at her office was not working for many months, so Portia needed to climb two flights of stairs and had difficulty getting to her desk. She tried suing her company under the Americans with Disabilities Act, arguing that her company discriminates against individuals who cannot perform major life activities. Which statement would weaken Portia's argument? Portia is not pregnant. The ADA does not cover conditions of substance abuse. The ADA prohibits discrimination only against workers who are over the age of 40. Portia is not a senior employee. The ADA applies only to the decisions or actions of the government.

The ADA does not cover conditions of substance abuse.

Which statement about Title VII of the Civil Rights Act of 1964 is true? The act permits employers to retaliate against employees participating in a proceeding against an employer. The act permits employers to hire job applicants belonging exclusively to a particular nationality. The act protects employers from an employee's opposition to an alleged illegal employment practice. The act applies to organizations with 15 or more employees. The act permits employers to hire an individual based on his or her gender and race in the absence of a bona fide occupational qualification (BFOQ).

The act applies to organizations with 15 or more employees.

Chlorinda left an organization for three years to fulfill military duties. Which statement about her employer's obligation to reemploy Chlorinda under the Uniformed Services Employment and Reemployment Rights Act is true? The employer is not obligated to reemploy Chlorinda. The employer must implement an early retirement incentive program for Chlorinda. The employer must reemploy Chlorinda with the same seniority and status she would have earned if her employment had not been interrupted. The employer must reemploy Chlorinda but is exempted from providing her any fringe benefits or retirement benefits. The employer must reemploy Chlorinda, but at lower pay to compensate for her absence.

The employer must reemploy Chlorinda with the same seniority and status she would have earned if her employment had not been interrupted.

When Marty started working for Concrete Construction, two of her coworkers made a point of telling sex-related jokes around her, and they occasionally ran their fingers through her hair and suggested meeting up after work. Marty felt very uncomfortable. What grounds would she have for complaining to the human resource department about her co-workers? Their behavior violates the Thirteenth Amendment. Their behavior could be considered creation of a hostile working environment. Their behavior violates Executive Order 11246. Their behavior could be considered quid pro quo harassment. Their behavior probably violates the OSH Act.

Their behavior could be considered creation of a hostile working environment.

A global company has a policy statement making it clear that it does not tolerate sexual harassment. It set up an employee hotline for reporting harassment. When it received complaints about one of the maintenance workers, the company took action and corrected the problem immediately. However, two months later, it is receiving more complaints, this time about a supervisor on the night shift. What else should the company do to keep the workplace free from sexual harassment? File a complaint with the Equal Employment Opportunity Commission. Train all employees to identify inappropriate workplace behavior. Modify the complaint procedure so employees don't overuse it. Wait to investigate the new complaints. Broaden the policy to include harassment of men, not just women.

Train all employees to identify inappropriate workplace behavior.

Barney, an employee with the U.S. Postal Service, was deployed to Iraq to serve in the U.S. Army for two years. After the completion of his military duties, he resumed work at the post office. He was reemployed with an increase in pay. Which law protected Barney by requiring that his employer reemploy him with the seniority, status, and pay rate he would have earned if he had stayed on the job during the time of his deployment? Americans with Disabilities Act (ADA) Vocational Rehabilitation Act Age Discrimination in Employment Act (ADEA) Occupational Safety and Health Act Uniformed Services Employment and Reemployment Rights Act (USERRA)

Uniformed Services Employment and Reemployment Rights Act (USERRA)

According to the affirmative-action plan required by the Office of Federal Contract Compliance Programs, __________ refer(s) to a plan identifying the ways in which an organization will meet its diversity goals. diversification affirmative action action steps disparate impact utilization analysis

action steps

Which action by employers can result in reverse discrimination? disparate treatment affirmative action reasonable accommodation retaliation disparate impact

affirmative action

Which term refers to an organization's active effort to find opportunities to hire or promote people in a particular group? reverse discrimination reasonable accommodation adverse impact disparate impact affirmative action

affirmative action

Identify the condition in which most of the debate focuses on discriminatory consequences and the plaintiff need not prove an employer's intent to discriminate. affirmative action corrective action reasonable accommodation disparate impact disparate treatment

disparate impact

Differing conduct toward individuals, where the differences are clearly based on the individuals' race, color, religion, sex, national origin, age, or disability status is termed as affirmative action. reverse discrimination. reasonable accommodation. sexual discrimination. disparate treatment.

disparate treatment.

Which agency is primarily responsible for enforcing the laws passed by Congress? the U.S. Senate the U.S. House of Representatives the legislative branch of the government the executive branch of the government the U.S. Cabinet

the executive branch of the government

Daria is a human resource executive, supporting organizational strategy. Executives in her industry are concluding that a certain HR-related law no longer seems relevant in the Internet age. To which government branch would it be most effective to turn for addressing the need for a change in the legal environment? the legislative branch, requesting it not enforce the existing law the legislative branch, requesting a new law in this area the judicial branch, requesting a new law in this area the executive branch, requesting a new law in this area the executive branch, requesting it not enforce the existing law

the legislative branch, requesting a new law in this area

According to the affirmative-action plan required by the Office of Federal Contract Compliance Programs, which term refers to a comparison of the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply? applied behavior correlation job comparison content analysis SWOT analysis utilization analysis

utilization analysis