Chapter 3: The legal environment: Equal Employment Oppurtunity and Safety
Which of the following protects employees from retaliatory acts, such as being fired, if they testify in a hearing and provide evidence that the employer has engaged in an illegal employment act, such as discrimination in hiring?
The Civil Rights Act of 1964
Which of the following statements are true concerning a complaint of discrimination filed with the EEOC?
The EEOC takes responsibility for investigating the complaint
Equal employment opportunity in the United States is regulated by ____________________ of the Civil Rights Act of 1964.
Title VII
The branch of government that consists of the president of the United States and the many regulatory agencies the president overseas is known as the ___________________.
executive branch
The branch of government that consists of the president of the United States and the many regulatory agencies the president oversees is known as the ____________________.
executive branch
Discrimination based on Executive Order 11246 applies only to which of the following?
federal contractors and subcontractors
Complaints over which of the following account for the majority of the cases filed with the EEOC under the Americans with Disabilities Act?
firings
The Age Discrimination in Employment Act prohibits discrimination against employees over the age of __________________.
forty
Which of the following best describes equal employment opportunity?
governmental action that seeks to provide the same chance for employment to all individuals
Which of the following best describes equal employment opportunity?
governmental action that seeks to provide the same chance for employment to all individuals.
What term is used to describe a situation in which a person's behavior in the workplace creates circumstances that make it difficult for someone of a particular sex to do his or her work?
hostile work environment
Reviewing annual EEO-1 reports from organizations allows the EEOC to ___________________.
identify patterns of hiring discrimination
What are the branches of the government that were established by the U.S Constitution?
legislative, executive, and judicial
U.S Supreme Court decisions can only be overturned by ________________________.
legislator
In the discrimination case Dukes v. Walmart, lawyers for the plaintiff demonstrated that the ratio of women to men in the company's managerial group was much lower than what it was for their top 20 competitors. This statistic was part of a class-action __________________ lawsuit.
pattern and practice
In addition to covering people with physical and mental impairments, the ADA also protects which of the following groups?
people who have a history of disability
What term is used to describe the actions of an employer who makes a benefit contingent on an employee submitting to a sexual advance?
quid pro quo harassment
The concept of reasonable accommodation was initially applied in cases of ___________________.
religious discrimination
Which employee actions are protected from employer retaliation by Title VII of the Civil Rights Act of 1964?
reporting a perceived illegal employment practice through proper channels
Opponents of quota-like hiring systems argue that such systems limit the hiring of non-minority groups, namely whites and males, and therefore are a form of __________________________ discrimination.
reverse
Which of the following work to make symbolic and substantive changes to an organization's safety efforts that go beyond simple compliance with OSHA?
safety awareness programs
According to the Americans with Disabilities Act (ADA), a disability is an impairment that __________________.
substantially limits one or more major life activities
the thirteenth amendment has been applied in cases where discrimination involved which of the following?
symbols of slavery
Which law was designed to protect older employees when a company reduces its workforce through layoffs?
the Age Discrimination in Employment Act
Which law gave all citizens the right to sue in the federal court over alleged civil rights violations?
the Civil Rights Act of 1871
Which agency is responsible for enforcing executive orders covering companies that do business with the federal government?
the Office of Federal Contract Compliance Programs
Which of the following is a major concern of Section 1981 of the Civil Rights Act of 1866?
the right to make and enforce contracts
The EEOC issues guidelines for what purpose?
to help employers follow the law
Executive order 11246 applied to discrimination among federal contractors receiving more than ___________________- from government.
$10,000
What three things does a plaintiff attempt to establish in a class-action pattern and practice lawsuit filed for discrimination by an employer? (Select all that apply.) - Top management was likely aware of the existence of a hostile environment in the workplace. - Procedures for pay and for promotions leave too much discretion to managers - statistical differences exist between the composition of a given group in the company compared to some other relevant group - Individuals acts of intentional discrimination suggest that discrimination is part of the larger company culture
- Procedures for pay and for promotions leave too much discretion to managers - statistical differences exist between the composition of a given group in the company compared to some other relevant group - Individuals acts of intentional discrimination suggest that discrimination is part of the larger company culture
Which employees are most likely to be able to initiate successful discrimination cases? (Select all that apply.) - an applicant who is turned down because they are not trained to do the job - a wheelchair- user is turned dow for a job because the office has no elevator - a worker who has bought charges of discrimination against their employer and is fired - a qualified African American applicant who was turned down and notices that the job is still being advertised
- a wheelchair- user who is turned down for a job because the office has no elevator - a worker who has brought charges of discrimination against their employer and is fired - a qualified African American applicant who was turned down and notices that the job is still being advised
Which of the statements are true concerning the outcomes of the Americans with Disabilities Act? (Select all that apply.) - about one-half of the complaints filed under the act have been found to be with-out reasonable cause - as a result of the act, about one- half of people with disabilities in the United States are now employed - the kinds of cases being filed are not based on the rights that the act was originally intended to protect - the act has resulted in increased litigation
- about one-half of the complaints filed under the act have been found to be with-out reasonable cause - the kinds of cases being filed are not based on the rights that the act was originally intended to protect - the act has resulted in increased litigation
Which of the following were traditional forms of affirmative action to attract and hire minority employees? (Select all that apply.) - advertising in minority- oriented publications - posting open positions within the organization rather than publicly - providing training opportunities - recruiting on college campuses
- advertising in minority- oriented publications - providing training opportunities - recruiting on college campuses
In which of the following way does U.S Constitution affect HRM? (select all that apply). - by allowing business to practice without regulation - by ensuring employers can control employees - by establishing three primary governing bodies - by delineating citizens' rights
- by establishing three primary governing bodies - by delineating citizens' rights
Which of the following are legal theories of discrimination? (select all that apply). - disparate impact - disparate treatment - statistical disparity - reasonable accommodation
- disparate impact - disparate treatment - reasonable accommodation
Which of the following has the federal government used to achieve equal employment opportunity? (Select all that apply.) - international decrees - executive orders - legislation - constitutional amendments
- executive orders - legislation - constitutional amendments
What actions can the EEOC take if it cannot come to an agreement with an organization that has discriminated against a person who has filed a discrimination complaint? (Select all that apply. - it can aid the person in bringing suit in federal court - it can fine the organization up to 1,000 dollars a day - it can sue the organization in state court - it can issue the person a "right to sue" letter
- it can aid the person in bringing suit in federal court - it can issue the person a "right to sue" letter
Which of the following has the federal government used to achieve equal employment opportunity? (Select all that apply.) - legislation - constitutional amendments - international decrees - executive orders
- legislation - constitutional amendments - executive orders
Which responsibilities are assigned to the Department of Labor by OSHA? (Select all that apply.) - levying fines - training employers to comply with OSHA - applying health standards - inspecting employers
- levying fines - applying health standards - inspecting employers
Businesses with more than $50,000 in contracts with the federal government are required to do which of the following? (Select all that apply.) - create a special office for handling discrimination allegations - not discriminate in employee hiring - spend at least this amount of anti- discrimination training - keep a written affirmative action plan on file
- not discriminate in employee hiring - keep a written affirmative action plan on file
Unlike other theories of discrimination, reasonable accommodation places a special obligation on employers to take affirmative action to accommodate which of the following? (Select all that apply.) - race - ethnicity - religion - disability
- religion - disability
Which of the following was amended as a result of the civil Rights Act of 1991? (select all that apply) - the Pregnancy Discrimination Act - the Civil Rights Act of 1964 - the Americans with Disabilities Act - the Age Discrimination in Employment Act
- the Civil Rights Act of 1964 - the Americans with Disabilities Act - the Age Discrimination in Employment Act
Which of following laws were passed as a result of a perceived societal need? (Select all that apply.) - the Authorization for Use of Military Force against Terrorists - the Occupational Safety and Health act - the Age Discrimination in Employment Act - the Employee Retirement Income Security Act
- the Occupational Safety and Health Act - the Age Discrimination in Employment Act - the Employee Retirement Income Security Act
In addition to a physical or mental impairment that substantially limits at least one major life activity, the most recent EEOC guidelines consider a person to have a disability in which of the following situations? (Select all that apply.) - the person has a family member with such an impairment - the person is regarded by an employer to have such an impairment - the person has a past history of such an impairment - the person claims to have such an impairment even though it cannot be verified
- the person is regarded by an employer to have such an impairment - the person has a past history of such an impairment
Which of the following are examples of the executive branch's power to impact the legislative branch and the laws it passes? (select all that apply) - the president can propose bills to congress - the president has the power to veto any laws passed by congress - the regulatory agencies have responsibility for enforcing laws - the regulatory agencies can make new laws
- the president can propose bills to the Congress - the president has the power to veto any laws passed by Congress - the regulatory agencies have responsibility for enforcing laws
The National Labor Relations Board hears disputes between which of the following parties? (Select all that apply.) - foreign governments - unions - management - regulators
- unions - management
On an annual basis, organizations with ___________ or more employees must file a report to the EEOC listing the number of women and minorities employed in nine job categories.
100
Individuals who believe they have experienced discrimination and wish to file a complain with the EEOC must do so within ___________________.
180 days
What term is used to describe an employment practice that lacks discriminatory content but still leads to discrimination?
Facially neutral employment practice
T or F: The courts are bound to interpret the ADA exactly as the EEOC does.
False
When an employment practice disproportionately excludes a protected group from employment opportunities, a company can be accused of ________________ impact.
disparate
When people are treated differently because of their race, gender, sex, disability status, or religion, they are subject to ____________________.
disparate treatment
Though Congress is motivated by a variety of factors, most of the laws it passes are a response to _________________.
a perceived societal need
Though Congress is motivated by a variety of factors, most of the laws it passes are a response to ___________________.
a perceived societal need
The thirteenth amendment of the constitution _____________________.
abolishes slavery in the United States
In 2009, the Americans with Disabilities Act Amendments Act revised the ADA to make the definition of disability ____________________.
broader
How have many companies responded to social pressure for gender equity in pay?
by analyzing and comparing job duties and pay
As a result of the Civil Rights Act, those who discriminate based on race, age, and other factors can be _________________.
charged punitive damages
