Employment Law - Exam 2 Review

8. In the absence of age as a bona fide occupational qualification (BFOQ), the Age Discrimination in Employment Act of 1967 prohibits discrimination against an individual _____ years of age or older.

B) 40

4. Brett, the manager at Warson's Diner, plans to promote Keisha, one of the waitresses, to the position of an assistant manager. However, the owner, being racially biased, prevents him from doing so. Later, when Brett wants to promote one of the delivery boys to waiter, the owner again vetoes his recommendation on the grounds that his customers would feel uncomfortable having a black man deliver their food. Brett, extremely frustrated, offers Keisha and the delivery boy their promotions as he finds them deserving. Subsequently, Brett gets fired. Which of the following holds true in this scenario?

B) Brett has a cause of action against Warson's Diner based on the bona fide occupational qualification defense.

10. David, a Hispanic employee at Bluerock Tire Manufacturing Company, contacted the plant manager to inform him that his supervisor, Bill, treated him in a bad manner simply because he was Hispanic. After Bill learned that David had complained, Bill told other supervisors that David was lazy and irresponsible, and he made jokes about David's accent. Which of the following holds true in this scenario?

B) David has been a victim of discrimination based on race, and thus he has a valid racial harassment claim against the employer.

9. Harold, a black man, worked for Alegius Financial Services as a sales representative. On three separate occasions over a period of six months, an anonymous co-worker left racist literature on the desks of all of the employees, including the supervisors'. Also, on the first working day of every month, the employees and the supervisors would receive a link to a hate-based website from an unknown e-mail address. Harold did not raise an issue in his office. Instead, he filed a claim with the Equal Employment Opportunity Commission (EEOC) and later sued Alegius for racial harassment. Which of the following holds true in this scenario?.

B) Harold will lose his case because he did not give his employer an opportunity to investigate the incident.

14. With regard to a workplace substance abuse program, which of the following is an effective practice?

B) Incorporating an employee education and awareness program.

7. While interviewing Zarah Qazi for the post of marketing manager, the Vice President of Glowing Hair Products Inc. asks Zarah about the origin of her first name, if she is married, and if she plans to have children in the near future. Which of the following holds true in this scenario?

B) These questions are not prohibited by federal law but they could be used as evidence of discrimination because they are not job related..

4. The _____ Amendment to the United States Constitution abolished slavery in 1865.

B) Thirteenth

5. Which of the following statements is true of affirmative action?

B) Workplace productivity and efficiency do not suffer under affirmative action plans.

6. One of the commonly held myths about affirmative action is that it is:

B) an entitlement program that provides unqualified women or minorities with jobs.

13. In an effort to combat the glass ceiling, a corporate management compliance evaluation is:

B) designed to determine whether employees are encountering artificial barriers to advancement to mid- and senior-level corporate management.

8. Zhu is the owner of Orchid Cleaning and Housekeeping Services. He never hires or promotes a black applicant to the position of supervisor because he believes that his predominantly Asian crew will not follow instructions from a black supervisor. Thus, Zhu is liable for:

B) disparate treatment, and he cannot use the bona fide occupational qualification defense to protect himself.

16. Employers accused of violating Title VII's (of the Civil Rights Act of 1964) prohibition of race discrimination in employment will be found liable:

B) if the employer or supervisory employees permitted harassing activities in the workplace.

14. When an employee has complained to his or her employer about racial harassment, the employer should:

B) investigate and take immediate corrective action against the perpetrators by reprimanding and warning them against future incidents.

5. Sharon, a white female, and James, a black male, who work at the NewThings Mart as cashiers decide to steal some bottles of beer. Sharon watches the front of the store, while James loads the beer into his truck from the store's inventory room. Neither of them was aware of the security cameras in the store. The owner, being notified of the theft by the security guard, terminates Sharon and gives James a written warning. Which of the following holds true in this scenario?

C) Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 because the act applies equally to all.

11. Alex, an African-American with a meritorious law degree, is hired as the first black associate at a prestigious law firm under an affirmative action recruiting program. He handles routine assignments outstandingly. After a few months, Alex realizes that unlike the other first-year associates, he is being given less complex projects, which prevents him from growing at his job. Having asked for more challenging work, Alex is told that the work he is being given is what is expected out of him and is appropriate for his level of experience. Alex files a complaint of race discrimination with the Equal Employment Opportunity Commission (EEOC). In this scenario, Alex has:

C) a basis for a claim of discrimination because he is being treated differently from others who are similarly situated and not of his race.

8. Affirmative action is used only when there is:

C) a need to improve workplace productivity and efficiency.

12. Good Fortune Bank employs Weber, who has been arrested four times and convicted twice of fraud, as a bank teller. He consistently underpays customers making large withdrawals and keeps the unpaid funds for himself. Later, when a customer attempts to recover her unpaid funds from Weber, she discovers that Weber is absconding. In this scenario, Good Fortune Bank will:

C) be liable to the customer only if it can be shown that the bank had knowledge of Weber's past.

7. Marla, a white woman, is married to an African-American man and has a biracial son. She works as a counselor for a large private school. One day, Marla's husband and son stop by the school to pick her up after work. A few days later, Marla is fired from her job without any reasonable cause. Marla believes that the termination is based on her employer's reaction to her husband and son. Thus, Marla has a claim under Title VII of the Civil Rights Act of 1964 based on:

C) discrimination by association.

15. An employer can avoid liability for racial harassment by showing that the:

C) employer took prompt, corrective remedial action to address the situation.

7. Employment research findings show that:

C) in the suburbs, equally qualified blacks are hired about 40 percent less than whites because of negative assumptions.

3. Title VII's (of the Civil Rights Act of 1964) ban on racial discrimination applies:

C) to all citizens equally.

11. Executive Order 11246 requires all federal contractors:

C) to draft an affirmative action plan regardless of the number of employees or the size of the contract.

6. In the context of employment discrimination, which of the following is true of the various recruitment practices?

D) A process that could avoid a finding of disparate impact would be to post a notice of job position availability within an organization.

9. The Immigration Reform and Control Act (IRCA) of 1986:

D) condones discrimination against illegal aliens in recruitment.

1. Affirmative action applies to all employers, public or private.

False

1. Federal statutes require that employers document the reasons for failing to hire any specific applicant.

False

3. The Drug-Free Workplace Act of 1988 prohibits the drug testing of federal employees under all circumstances.

False

3. The Office of Federal Contract Compliance Programs' enforcement contains provisions for private lawsuits by employees and even penalties for noncompliance by a contractor.

False

4. The Americans with Disabilities Act provides that individuals who currently use illegal drugs are considered individuals with disabilities.

False

5. An employer is required to lower quality standards or qualifications in order to accommodate an individual employee's or applicant's needs.

False

20. Discuss the potential liability for defamation that can result from the use of performance appraisals.

Performance appraisals are carried out by the managers who may have a bias regarding the employee and this bias will clearly be affecting the perceptions of the manager about employee's performance. These perceptions of managers may affect the objective of performance appraisals by introducing unwanted bias in the performance appraisals and the entire objective of performance appraisals will be lost.

19. Describe any five of the elements that constitute Title VII's (of the Civil Rights Act of 1964) prohibition of race discrimination. Give an example for each.

Race - Justin, an African American applies for a job at a dealership in a predominantly white area. He meets all the job requirements but following the interview the employer tells him "you wouldn't fit in here". A white person with similar skills and experience is hired instead. Color - Ashley was fired from her job after her Vietnamese husband brought her lunch to work, her employer presented discrimination by association. Religion - John terminated Muhammad because he told the employer that he recently converted to Islam. Sex - Mike offered Karen a promotion if she agrees to engage in a sexual relationship with him. National origin - Hector was refused an interview by an employer due to a Hispanic-sounding surname on his resume.

1. The Voting Rights Act of 1965 gave African-Americans full voting rights in the United States. Discrimination against an individual based on perception of his or her race violates Title VII of the Civil Rights Act of 1964 even if that perception is wrong.

True

2. An English-only rule may be used at a workplace if it is needed to promote the safe or efficient operation of the employer's business.

True

2. Content validation with regard to preemployment tests is based on a careful job analysis that identifies important tasks behaviors and knowledge that a job requires.

True

2. Under Executive Order 11246, federal contractors must agree not to discriminate in hiring on the basis of race, color, religion, gender, or national origin.

True

19. What is eligibility testing? Why are eligibility tests conducted?

tests an employer administers to ensure that the potential employee is capable and qualified to perform the requirements of the position. conducted to ensure capability and qualification of potential employee to be legally validated, an employer must show that the test is Job-related and consistent with business necessity

9. Affirmative action obligations arise in the workplace through:

A) Executive Order 11246.

17. Which of the following constitutes national origin discrimination?

A) Laila is often ill treated at work because her father is a Ukrainian.

10. In a preemployment interview, an employer should avoid asking if an applicant or a potential employee:

A) is a citizen of the United States.

18. For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test:

A) is job-related and consistent with business necessity.

15. Title VII of the Civil Rights Act of 1964 permits the use of an employment eligibility test that may have a disparate impact on a protected class provided:

A) it is proved that the test has been professionally developed and it is not been used to discriminate.

17. In the context of preemployment tests, construct validity is generally most useful when an employer is seeking to measure:

A) psychological characteristics.

13. Grisham, the owner of a distillery, uses drug and alcohol testing on job applicants to eliminate hiring poor performers and to reduce workplace injury. In this scenario, Grisham is said to be:

A) testing for ineligibility.

13. To hold an employer liable for racial harassment, an employee must show that:

A) the harassment was severe or pervasive enough to alter the conditions of employment.

12. Maya is claiming that she was subjected to racial harassment by her co-workers. To hold her employer liable for racial harassment, Maya must prove that:

A) the harassment was unwelcome and was based on race.

11. Under the Americans with Disabilities Act of 1990, employers are strictly prohibited from asking job applicants with disabilities about:

A) their compensation history.

12. Judicial affirmative action is imposed by the courts when:

A) there is workplace discrimination in violation of Title VII of the Civil Rights Act of 1964 and an affirmative action plan is the appropriate means of redress.

18. Which of the following is an effective management practice to avoid claims of race discrimination from employees?

C) Providing a positive, nonthreatening, constructive forum for the discussion of racial issues

14. White Swan Motors' practice of hiring only applicants recommended by its employees has been found to have an adverse impact on nonwhite applicants. White Swan plans to implement a voluntary affirmative action plan. Which of the following would be an effective practice under the voluntary affirmative action plan?

C) Eliminating unvalidated recruitment practices and selection criteria

16. Which of the following is true of the Drug-Free Workplace Act of 1988?

C) It requires that federal contractors and grant recipients satisfy certain requirements designed to eliminate the effects of illicit drugs from the workplace.

10. Laketown System Corp., a federal contractor, chooses not to comply with the affirmative action plan established to increase the representation of women and minorities within its workplace. Which of the following is an implication of noncompliance?

C) Laketown System Corp. can be debarred from further participation in government contracts for noncompliance.

6. Martha, a black woman, had been working as an associate photographer for The Fashion Final Magazine for five years. When the chief photographer position was open, Martha applied for the position but did not get selected. Instead, Sally, a white woman, was appointed as the chief photographer. Even though Martha was aware that Sally had better qualifications and experience to be a chief photographer, she filed a racial discrimination claim with the Equal Employment Opportunity Commission (EEOC). Which of the following holds true in this scenario?

C) Martha's complaint will not prevail because not every decision that is arbitrary or unfair is discrimination.