EXAM 2 MGMT 4402
CH 6 Title VII is administered by the: a. Securities and Exchange Commission. b. Department of Justice. c. Supreme Court. d. Equal Employment Opportunity Commission.
d. Equal Employment Opportunity Commission.
The Office of Compliance initially attempts to resolve the complaint through: a. litigation. b. arbitration. c. counseling and mediation. d. specific performance of contract.
c. counseling and mediation.
In Harris v. Forklift Systems, Inc., Teresa Harris sued Forklift, claiming that Forklift's president Hardy's conduct had created an abusive work environment for her because of her: a. seniority. b. age. c. gender. d. race.
c. gender.
An act that amends Title VII by extending the time limit for filing suit for pay discrimination cases is known as the: a. Limitation Act. b. Fair Labor Standards Act. c. Age Discrimination Act. d. Lilly Ledbetter Fair Pay Act.
d. Lilly Ledbetter Fair Pay Act.
Plaintiffs often file suit under both ______ and the Equal Pay Act. a. the Sarbanes-Oxley Act b. Title VII c. the National Labor Relations Act d. the Executive Order
b. Title VII
The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate if they: a. pertain to railroad employees, or any other class of workers engaged in foreign or interstate commerce. b. are voluntary and knowing. c. do not place undue hardship on the parties. d. were not knowingly agreed to.
b. are voluntary and knowing.
The decision of the U.S. Court of Appeals for the Third Circuit in Webb v. City of Philadelphia, in which Officer Webb filed a complaint of religious discrimination under Title VII with the Pennsylvania Human Relations Commission and the federal Equal Employment Opportunity Commission, stated that: a. uniform requirements were crucial to the safety of officers. b. an accommodation would cause an undue hardship on the employees. c. the strict enforcement of Directive 78 was not essential to the values of impartiality, religious neutrality and uniformity. d. some employees may find a co-worker's exercise of his or her religious beliefs offensive.
a. uniform requirements were crucial to the safety of officers.
All of the following individuals are subject to Title VII through the Presidential and Executive Office Accountability Act except employees of the: a. House of Representatives. b. executive office of the president. c. executive residence at the White House. d. official residence of the vice president.
a. House of Representatives.
The Thompson v. North American Stainless, LP. case focuses on: a. content validity. b. retaliation in violation of Title VII. c. seniority. d. gambling.
b. retaliation in violation of Title VII.
Central Airlines decided to give 30 percent pay hike to stewards and 15 percent pay hike to stewardesses, even though they were performing substantially similar kind of work. In this case, the airlines has most likely violated the: a. Wage and Compensation Act. b. Sarbanes-Oxley Act. c. National Labor Relation Board. d. Equal Pay Act.
d. Equal Pay Act.
Title VII includes religion within the BFOQ exception enumerated in: a. Section 703(d)(2). b. Section 703(d)(1). c. Section 702(d)(2). d. Section 703(e)(1).
d. Section 703(e)(1).
Title VII was amended in 1972 to cover: a. judicial organizations. b. federal employers. c. employees of the state and federal employers. d. employees of state and local employers.
d. employees of state and local employers.
Complaints by federal of violations of Title VII may choose to pursue the complaint with the: a. state court. b. U.S. Supreme court. c. federal apex court of the state. d. EEOC or file suit in federal court.
d. EEOC or file suit in federal court.
Under which rule of Title VII, does the EEOC not need a certification as a class representative? a. Rule 20 b. Rule 21 c. Rule 22 d. Rule 23
d. Rule 23
Which of the following employees are subject to Title VII through the Congressional Accountability Act of 1995? a. National Labor Relations Board counselor b. Capitol Guide Service c. Office of the Architect of the Supreme Court d. Office of the Attending Physician of the U.S. Attorney General.
b. Capitol Guide Service
The EEOC enforces _____ prohibiting employment discrimination. a. state laws b. regional laws c. community laws d. federal laws
d. federal laws
The court may award "reasonable attorney's fees": a. with a notice from the chief justice of the Supreme court. b. at its discretion. c. upon the order of the federal government. d. only when the plaintiff's case was not frivolous, unreasonable, vexatious, or meritless.
b. at its discretion.
CH 6 A method of demonstrating that an employment selection device reflects the content of the job for which employees are being selected is: a. constructive validity. b. content validity. c. disparate impact. d. criterion-related validity.
b. content validity.
All of the following are direct impacts of the Age Discrimination in Employment Act (ADEA) except: a. applies to employers, labor unions, and employment agencies. b. prohibits the voluntary retirement of employees. c. provide for some limited exceptions. d. recognizes that age may be a bona fide occupational qualification (BFOQ).
b. prohibits the voluntary retirement of employees.
If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____ to consider the waiver. a. forty-five days b. seven days c. ten days d. twenty-one days
b. seven days
In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that operated to deter minority employees from transferring out of low-paying or inferior jobs: a. were in violation of Title VII. b. were not in violation of Title VII. c. were based on the 1991 amendment to Title VII. d. did not perpetuate the effects of prior discrimination.
a. were in violation of Title VII.
In O'Connor v. Consolidated Coin Caterers Corp., the court of appeal held that: a. whether the replacement was over or under 40 years of age was irrelevant. b. the ADEA does not provide for disparate impact cases against older officers. c. the ADEA did not require the employer to demonstrate any intention to discriminate. d. None of the above.
a. whether the replacement was over or under 40 years of age was irrelevant.
Dorothy filed a complaint with the EEOC against her employer alleging sex-based discrimination. The complaint can be filed with the EEOC: a. within 300 days of occurrence of the act. b. only if the company is registered with the EEOC. c. which will be immediately sent to the district court. d. prior to filing the complaint with a state or local agency.
a. within 300 days of occurrence of the act.
Government action involving religion raises issues under the _____ of the U.S. Constitution. a. Third Amendment b. First Amendment c. Fifth Amendment d. Fourth Amendment
b. First Amendment
CH 6 The pass rate in Duke Power Company for the African American employees who took the Wonderlic Personnel Test and the Bennett Mechanical Comprehension Test was: a. 12 percent. b. 8 percent. c. 6 percent. d. 10 percent.
c. 6 percent.
Mixed-motive discrimination claims fall under section: a. 703(n) of Title VII. b. 703(c) of Title VII. c. 703(m) of Title VII. d. 703(a) of Title VII.
c. 703(m) of Title VII.
In ______ the court held that a proliferation of pornographic material featuring nude women did create a hostile working environment for female employees. a. Scott v. Sears, Roebuck & Co. b. Harris v. Forklift Systems c. Barbetta v. Chemlawn Services Corp. d. None of these answers.
c. Barbetta v. Chemlawn Services Corp.
______ state(s) that employers are liable for sexual harassment by supervisory or managerial employees or co-workers and may also be liable for harassment by coworkers or even nonemployees under certain circumstances. a. The National Labor Relation Board b. The Occupational Safety and Health Act c. EEOC guidelines d. U.S. Constitution
c. EEOC guidelines
In which of the following cases did the EEOC argue that the district court erred in each respect of the decision and finally appealed to the U.S. Court of Appeals for the Fifth Circuit? a. Equal Employment Opportunity Commission v. City of Arlington b. Equal Employment opportunity Committee v. Earnest & Young Enterprises, Inc. c. Equal Employment Opportunity Commission v. WC&M Enterprises, Inc. d. Equal Employment Opportunity Committee v. E &M Enterprise, Inc.
c. Equal Employment Opportunity Commission v. WC&M Enterprises, Inc.
CH 6 In University and Community College System of Nevada v. Farmer, the University was sued because: a. Makoba the black male emigrant was offered a salary well below the advertised salary range. b. Yvette Farmer was given preference over Makoba though she was not suitably qualified. c. Farmer alleged that because of the University's affirmative action plan they hired a black male (Makoba) despite the fact that she was better qualified. d. Both Makoba and Farmer were hired for similar positions but Makoba's salary was significantly lower than Farmer's annual pay.
c. Farmer alleged that because of the University's affirmative action plan they hired a black male (Makoba) despite the fact that she was better qualified.
One way to establish proof of a disproportionate impact is by using the: a. Four-Fifth Rules from the NLRB guidelines. b. Four-Fifth Rules from the IRCA Guidelines. c. Four-Fifths Rule from the EEOC Guidelines. d. Lilly Ledbetter Fair Pay Act Guidelines.
c. Four-Fifths Rule from the EEOC Guidelines.
Identify the case in which the Supreme Court held that the organization's refusal to cover pregnancy or related conditions under its sick-pay plan, in spite of having male-specific disabilities such as vasectomies covered, did not violate Title VII? a. Newport News Shipbuilding and Dry Dock Co. v. EEOC. b. Goss v. Exxon Office Systems Co. c. General Electric v. Gilbert. d. U.A.W. v. Johnson Controls, Inc.
c. General Electric v. Gilbert.
Which of the following statement pertains to criterion-related validity? a. It is a means of measuring whether the requirement or test actually evaluates abilities required on the job. b. The specific traits or constructs for the test may be based on observations but cannot be measured directly. c. It concerns the statistical correlation between scores received on tests and job performance. d. It is a means of isolating and testing for specific traits or characteristics that are deemed essential for job performance.
c. It concerns the statistical correlation between scores received on tests and job performance.
Wendell was fired without sufficient reason by her company once they became aware of her pregnancy. The company assumed that the Wendell was likely to be absent from work for lengthy periods due to her pregnancy and the ensuing responsibilities of parenthood. In this circumstance, Wendell has a remedy under the: a. Equal Pay Act. b. National Labor Relation Act. c. Pregnancy discrimination Act. d. Occupational Safety and Health Act.
c. Pregnancy discrimination Act.
An employer may violate _____ by discriminating against an applicant or employee whose education or training is foreign. a. the Sarbanes-Oxley Act b. disparate impact c. Title VII d. disparate treatment
c. Title VII
CH 6 The programs in employment that involve giving some kind of preference in hiring or promotion to qualified female or minority employees is a/an: a. segregation treatment. b. four-fifth's treatment. c. affirmative action. d. criterion-related activity.
c. affirmative action.
CH 6 An exception to this civil rights law that allows an employer to hire employees of a specific gender when business necessity requires it is: a. disparate impact. b. disparate treatment. c. bona fide occupational qualification. d. criterion-related validity.
c. bona fide occupational qualification.
CH 6 The suggestion that disparate impact should be measured only at the ______ ignores the fact that Title VII guarantees these individual respondents the opportunity to compete equally with white workers on the basis of job-related criteria. a. instance when the matter is dragged to court b. time of discrimination. c. bottom line d. top line
c. bottom line
Which of the following reasons is sufficient to support a bona fide occupational qualification (BFOQ)? a. Employer convenience b. Customer preference c. Co-worker preference d. Business necessity
d. Business necessity
In which of the following cases did the court hold that abuse and ridicule by coworkers and managers directed at a male employee because he appeared effeminate and did not conform to a male stereotype was discrimination "because of sex" for the purposes of establishing a claim under Title VII? a. Price Waterhouse v. Hopkins. b. Willingham v. Macon Tel. Publishing Co. c. Baker v. California Land Title Co. d. Nichols v. Azteca Restaurant Entreprises, Inc.
d. Nichols v. Azteca Restaurant Entreprises, Inc.
Bruce is an employee of the Regus Group of Companies. His employer was not satisfied with performance and warned Bruce that if he could not improve his productivity, he should consider voluntary retirement since he was already 58 years of age. Within two days of receiving the warning, Bruce was given a notice by the human resources division asking him to submit his resignation without offering any early retirement benefits. In this instance, the employer violated both the Age Discrimination in Employment Act and: a. Health management Act. b. Americans with Disabilities Act. c. Fair Equity Management Act. d. Older Workers Benefit Protection Act.
d. Older Workers Benefit Protection Act.
Which section of Title VII states that it is not a violation if an employer refuses to hire or to discharge an employee who is unable to meet the requirements for a national security clearance where federal law or regulations require such a clearance for the job in question? a. Section 703(a) b. Section 703(f) c. Section 703(e) d. Section 703(g)
d. Section 703(g)
Pay differentials between employees of different sexes is allowed when the differential is due to seniority, merit or productivity-based pay system, or factor other than sex under: a. Section 704(k) of Title VII. b. National Labor Relation Board. c. Section 703(e)(1) of Title VII. d. Section 703(h) of Title VII.
d. Section 703(h) of Title VII.
Identify the case in which the Court of Appeals held that the employer had committed an unlawful employment practice under Section 703(a)(1) of the Act. a. Trans World Airlines v. Harry b. Atkinson Airlines v. Hudson c. Starbucks Airlines v. Hardsen d. Trans World Airlines v. Hardison
d. Trans World Airlines v. Hardison
CH 6 Which case held that the "payroll method" is the appropriate method to determine the number of employees for purposes of Title VII coverage? a. Lanning v. Southeastern Pennsylvania Transportation Authority b. United States v. Nixon c. Connecticut v. Teal d. Walters v. Metropolitan Educational Enterprises, Inc.
d. Walters v. Metropolitan Educational Enterprises, Inc.
When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in Employment Act (ADEA) provides some specific exemptions, such as: a. action pursuant to monetary benefits. b. employers' right to use their discretion in firing or hiring employees. c. immunity from suits by private individual. d. actions pursuant to a bona fide seniority system.
d. actions pursuant to a bona fide seniority system.
CH 6 When an employee is treated differently from others due to race, color, religion, gender, or national origin it amounts to: a. four-fifths treatment rule. b. seniority. c. disparate impact. d. disparate treatment.
d. disparate treatment.
Harassment where the employee's response to the harassment is considered in granting employment benefits is called: a. hostile environment harassment. b. mental harassment. c. defamation. d. quid pro quo harassment.
d. quid pro quo harassment.
Unlike the National Labor Relations Act, Title VII does not give exclusive authority over employment discrimination issues to: a. local governments. b. state authorities. c. employers. d. the federal government.
d. the federal government.
The Immigration Reform and Control Act was enacted in the year: a. 1889. b. 1986. c. 1898. d. 1978.
b. 1986.
In which of the following cases did the Supreme Court uphold the court-ordered affirmative action to remedy prior employment discrimination? a. New York Gaslight Club v. Carey b. Local 28, Sheet Metal Workers v. EEOC c. Christianburg Garment Co. v. EEOC d. Franks v. Bowman Transportation Co.
b. Local 28, Sheet Metal Workers v. EEOC
Which section of Title VII prohibits retaliation by the employer against employee because that person opposed any practice that is prohibited by Title VII? a. Section 707(h) b. Section 704(a) c. Section 706(g)(2)(b) d. Section 703(a) and (d)
b. Section 704(a)
CH 6 In International Brotherhood of Teamsters v. United States, the seniority system was established between: a. employee and the union. b. employer and the union. c. employee and the employer. d. both employer-employee and employee-union.
b. employer and the union.
The Equal Pay Act's coverage is similar to that of the: a. National Labor Relation Act. b. Pregnancy Discrimination Act. c. Fair Labor Standards Act. d. Occupational Safety and Health Act.
c. Fair Labor Standards Act.
In Spalding v. University of Washington and A.F.S.C.M.E. v. State of Washington, the U.S. Court of Appeals for the Ninth Circuit held that a plaintiff bringing a Gunther-type claim under Title VII must establish the evidence of: a. validity of job requirement. b. comparable worth. c. disparate treatment. d. disparate impact.
c. disparate treatment.
Luke was selected for the post of junior manager in a five-star hotel. The employer's application for employment contained a Dispute Resolution Agreement requiring employees to submit all employment disputes to binding arbitration. Applicants who refused to sign the Dispute Resolution Agreement were not hired. Such an agreement is: a. not enforceable under the FAA, as held by the district court. b. not enforceable under the FAA, as held by the Supreme court. c. enforceable under the FAA , as held by the Supreme court. d. enforceable under the FAA, as held by the district court.
c. enforceable under the FAA , as held by the Supreme court.
When an employer places additional requirements on employees of a certain gender, but not on employees of the opposite gender, this is known as: a. leave discrimination. b. sexual harassment. c. gender-plus discrimination. d. equal pay discrimination.
c. gender-plus discrimination.
When an employer is not within the exemption provision of Section 702 under Title VII, and the religion is not a BFOQ, the prohibition against discrimination on the basis of religion is: a. absolute. b. obsolete. c. not absolute. d. unconditional.
c. not absolute.
The Civil Rights Act of 1991 amended Title VII to allow recovery of punitive damages in cases in which the employer has engaged in: a. discrimination based on creed. b. discrimination based on third party information. c. religious discrimination. d. racial discrimination.
c. religious discrimination.
Title VII of the Civil Rights Act of 1964 took effect in which year? a. 1964 b. 1963 c. 1966 d. 1965
d. 1965
CH 6 Disparate Treatment is when an employee is treated differently from others due to: a. race. b. national origin. c. religion. d. All of these answers.
d. All of these answers.
The regulation that was adopted by the EEOC and other federal agencies that provide for methods of demonstrating a disparate impact and for validating employee selection criteria is the: a. the Model Employment Act. b. Civil Disabilities Act. c. Title VII of the Civil Rights Acts d. Uniform Guidelines on Employee Selection.
d. Uniform Guidelines on Employee Selection.
The Age Discrimination in Employment Act (ADEA) is enforced and administered by: a. Equal Employment Opportunity Commission. b. National Rural Employment Commission. c. National Industrial Relation Association. d. Young Men of America Association.
a. Equal Employment Opportunity Commission.
Steven, an employee with a newspaper company in New York, was not getting a promotion because he was over 55 years of age. He was also not getting increments in comparison to employees who were thirty years and below. He filed complaint with local EEO agency but they ruled out the discrimination. Now he can file suit directly in: a. federal court. b. court of appeals. c. district court. d. bankruptcy courts.
a. federal court.
In Oubre v. Entergy Operations, Inc, both sides conceded the release the employee signed did not comply with the requirements of the: a. The Older Workers Benefit Protection Act. b. Americans with Disability Act. c. Health Insurance Portability and Accountability Act. d. National Labor Relation Act.
a. The Older Workers Benefit Protection Act.
In Western Air Lines v. Criswell, Western claimed the mandatory retirement age for flight engineers was: a. a Bona Fide Occupational Qualification. b. based on customer preference. c. enforceable by company policy. d. just prior to his or her 50th birthday.
a. a Bona Fide Occupational Qualification.
Sam was a 55-year-old bus driver with a travel agency, and he had worked with the agency for over 15 years. One morning, his employer told him that he should consider retirement because he was "of a certain age" and it would be best for the safety of the passengers that he be replaced by someone younger. He also insisted that retirement was mandatory for any bus driver over the age of 50 per the company's policy. In this case, his employer needs to: a. prove that mandatory age of retirement of employees is a Bona Fide Occupational Qualification for the job of a bus driver. b. show proof that the company has consistently enforced mandatory retirement for all employees over the age of 50. c. provide a 60-day notification and retirement benefits. d. provide a written notification, pension and healthcare benefits.
a. prove that mandatory age of retirement of employees is a Bona Fide Occupational Qualification for the job of a bus driver.
In Kimel v. Florida Board of Regent, the Supreme Court held that the Eleventh Amendment of the U.S. Constitution provides: a. state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act. b. individuals immunity from suits by private employers. c. federal governments with immunity from suits by state government. d. all seniority systems and benefit plans "shall require the involuntary retirement of individuals."
a. state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act.
The Age Discrimination in Employment Act provides for suits by the responsible government agency against non federal employees. In this instance: a. the EEOC must attempt to settle the complaint voluntarily before filing suit. b. the time limitation for the required conciliation effort is sixty days. c. the 1991 amendments to the ADEA enforced the previous time limits spelled out for suits by the EEOC. d. at present, the courts are split on the question of when the EEOC suit must be filed.
a. the EEOC must attempt to settle the complaint voluntarily before filing suit.
The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within: a. 60 days. b. 180 days. c. 190 days. d. 300 days.
b. 180 days.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees over what age? a. 30 b. 40 c. 55 d. 60
b. 40
A recruitment agency was hiring customer support executives. Rolin and Rhonda were both interviewed for the position, however 42-year-old Rolin was rejected despite his experience and educational credentials since the agency felt he was "too old and did not fit the young and perky image required of customer support executives". Twenty-three year old Rhonda was selected, though she lacked experience and relevant education. In this instance, the recruitment agency has clearly violated the: a. Fair Labor Standard Act. b. Age Discrimination in Employment Act. c. National Labor Relations Act. d. Equal Pay Act.
b. Age Discrimination in Employment Act.
Fifty-five year old Mark has worked with an organization for 20 years and was looking forward to his impending promotion. During his annual appraisal, his supervisor stated that he had "put in enough time" and suggested he step down from his post since most executive employees retired at the age fifty five. In this instance, Mark does not need to resign since: a. he is physically fit to work. b. under Age Discrimination in Employment Act mandatory retirement of such executives prior to sixty-five is still prohibited. c. retirement will violate Americans with Disabilities Act. d. it is mandatory for his organization to hand him the promotion considering his age and level of experience.
b. under Age Discrimination in Employment Act mandatory retirement of such executives prior to sixty-five is still prohibited.
In Gross v. FBL Financial Services, Inc., the Supreme Court held that the language of the Age Discrimination in Employment Act (ADEA) does not allow for: a. waivers. b. prima facie cases. c. "mixed motive" cases. d. bona fide occupational qualification.
c. "mixed motive" cases.
The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances, such as with executive employees who are over the age of: a. 50. b. 55. c. 65. d. 70.
c. 65.
In Equal Employment Opportunity Commission v. Tire Kingdom, courts have held that there is no specific statute of limitations on: a. private individuals suit. b. filing a prima facie case against federal government. c. Age Discrimination in Employment Act suits filed by Equal Employment Opportunity Commission. d. Americans with Disability act suits filed by federal government.
c. Age Discrimination in Employment Act suits filed by Equal Employment Opportunity Commission.
A federal employee alleging employment discrimination must first consult with a(n): a. Lilly Ledbetter Fair Pay Act counselor. b. Disparate Treatment Claims counselor. c. Equal Employment Opportunity (EEO) counselor within the employee's own agency. d. National Labor Relations Board counselor.
c. Equal Employment Opportunity (EEO) counselor within the employee's own agency.
Fifty-nine year old Linda has worked at a Texas-based manufacturing plant for over 30 years. Her employer offered all workers 55 years of age and over an opportunity to go on early voluntary retirement with good incentives and a bonus plan. Linda felt this would allow her to spend more time with her family and she accepted the offer. In this case, did the employer violate the Age Discrimination in Employment Act? a. Yes, because an employer suggesting early voluntary retirement violates Age Discrimination in Employment Act. b. Yes, because the employer bribed the workers to retire early. c. No, because the Age Discrimination in Employment Act does not prohibit voluntary retirement as long as it is truly voluntary. d. The information provided is not sufficient to establish violation of the Age Discrimination in Employment Act.
c. No, because the Age Discrimination in Employment Act does not prohibit voluntary retirement as long as it is truly voluntary.
In _____, the plaintiff claimed that the pay raise policy had a disparate impact against the older officers. The trial court dismissed the suit, and the U.S. Court of Appeals affirmed the dismissal. a. Mastie v. Great Lakes Steel Co. b. Hazen Paper Co. v. Biggins c. Smith v. City of Jackson, Mississippi d. Griggs v. Duke Power Co.
c. Smith v. City of Jackson, Mississippi
A plaintiff who alleges violation under the Age Discrimination in Employment Act (ADEA) must establish: a. directed verdict. b. privacy of contract. c. a prima facie case. d. a suo moto case.
c. a prima facie case.
Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. The working conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while performing his job. Due to the key responsibilities associated with Nicolas' role, the employer asked him to step down from his position to be replaced by his thirty-eight year old team member. In this case, the employer has the burden to prove that removal of Nicolas is: a. in favor of company. b. based upon company policy. c. a reasonable factor other than age. d. lawful at the discretion of the organization.
c. a reasonable factor other than age.
Robert is a sixty-year old sales manager at a local car dealership. Due to the state of the economy, the dealership had to undergo restructuring which resulted in the elimination of Robert's position. The duties he performed were transferred to Gaines who was 42-years old. However, Robert felt that the actual reason for eliminating his position was his age, which was against the arbitration clause in his employment agreement. To provide his case, Robert has to: a. garner support from his colleagues. b. establish a prima facie case alleging violation. c. arbitrate with the employer. d. ask for higher compensation.
c. arbitrate with the employer.
In Gilmer v. Interstate/Johnson Lane Corp the Supreme Court held that the securities broker should not litigate and is required to: a. abide by the agreement. b. submit his letter of resignation. c. arbitrate. d. award back pay.
c. arbitrate.
Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as remedies are subjected to: a. wealth tax. b. gift tax. c. income tax. d. property tax.
c. income tax.
Eddy worked with a glass manufacturing company and he was laid off from the firm due to his age. He filed suit under the Age Discrimination in Employment Act. After his removal, the employer provided evidence that proved Eddy had accessed and copied confidential documents prior to his discharge, and that the tampering of documents could preclude the right of the plaintiff to sue under the Age Discrimination in Employment Act. The court would most likely state that: a. after acquired documents have no significance in this kind of case. b. the employer violated the Age Discrimination in Employment Act and the plaintiff is not guilty of tampering with documents. c. the case was in favor of the employer and precluded the rights of plaintiff to sue against employer. d. the after-acquired evidence does not preclude the plaintiff's suit but rather goes to the issue of what remedies are available.
d. the after-acquired evidence does not preclude the plaintiff's suit but rather goes to the issue of what remedies are available.
If early retirement and waiver are offered to a class of employees, the employer must provide employees with: a. additional time to submit all the paperwork. b. monetary grants. c. legal documents and access to an attorney. d. the factors to determine eligibility for early retirement.
d. the factors to determine eligibility for early retirement.
. Examples of violations of the Age Discrimination in Employment Act (ADEA) do not include: a. mandatory retirement of workers over age of 55. b. denial of promotion of a worker age of 50. c. denial of promotion of a worker age of 55. d. transfer of a worker age of 30 and under.
d. transfer of a worker age of 30 and under.
Employers who are covered under the Age Discrimination in Employment Act (ADEA) should employ at least: a. five employees. b. twelve employees. c. fifteen employees. d. twenty employees.
d. twenty employees.
______ compares the selection rates (the rates at which applicants meet the requirements or pass the test) for the various protected groups under Title VII. a. Four-Fifths Rule b. Bona fide occupational qualification c. Criterion-related validity d. Disparate treatment
a. Four-Fifths Rule
In McDonnell Douglas Corp. v. Green, the respondent (Green) filed a formal complaint with the Equal Employment Opportunity Commission, claiming that the petitioner had refused to rehire him because of his race, and persistent involvement in the civil rights movement which were in violation of Sections 703(a)(1) and 704(a). How would Green claim a case of discrimination? a. By clause of arbitration b. By establishing a prima-facie case c. By establishing suo-moto case d. By collective bargaining
b. By establishing a prima-facie case
In which of the following cases did the court hold that an employer who requires women to wear a uniform but has no such requirement for men violates Title VII? a. Fountain v. Safeway Stores, Inc. b. Carroll v. Talman Federal Savings & Loan Assoc. c. Baker v. California Land Title Co. d. Willingham v. Macon Tel. Publishing Co.
b. Carroll v. Talman Federal Savings & Loan Assoc.
In Nevada Dept. of Human Resources v. Hibbs, the Supreme Court held that the Eleventh Amendment of the Constitution does not grant the states immunity from suits for damages by employees under which of the following acts? a. National Labor Relation Board b. Family and Medical Leave Act c. Equal Pay Act d. Gender Discrimination Act
b. Family and Medical Leave Act
In Walters v. Metropolitan Educational Enterprises, Inc., the Supreme Court held that the ______ was used to determine the number of employees for coverage of Title VII. a. "payroll method" b. "statistical method" c. content validity d. construct validity
a. "payroll method"
Jack and Adam were the employees of Steel Co. Inc. Both of them performed equal work in the industry, however, the company decided to give a 40 percent hike to Jack because he was senior to Adam, whereas Adam was only given a 20 percent pay hike to his salary. In this scenario, the company wage differential is justified under the: a. Bennett Amendment. b. discretionary power of company. c. public policy exception. d. Lilly Ledbetter Fair Pay Act.
a. Bennett Amendment.
Which of the following prohibits advertising for male or female employees in help-wanted notices (apart from a few exceptions) or maintaining separate seniority lists for male and female employees? a. Bona fide occupational qualification (BFOQ) b. Section 703 c. Equal Pay Act d. The Bennett Amendment
a. Bona fide occupational qualification (BFOQ)
CH 6 Christopher, a white employee was excluded from a training program that imparted specialized skills required for his role. Under the voluntary affirmative action program, 50 percent of the spaces in the training program were reserved for minority employees while the remaining 50 percent was based on seniority. While Christopher was not senior enough to qualify for the seniority-based seats, he did have more seniority than several of the minority employees admitted under the affirmative action program. Christopher filed a suit against the employer and the union with EEOC arguing that excluding him from the training program while admitting less senior employees was race discrimination prohibited by Title VII. Based on the above information, it is likely the decision ruled in favor of: a. Christopher. b. the organization. c. the black employees. d. both the organization and the black employees.
a. Christopher.
In Kouba v. Allstate Insurance Co., the U.S. Court of Appeals for the Ninth Circuit held that using an employee's prior salary to determine pay for employees in a training program was not precluded by the: a. Equal Pay Act. b. Gender Discrimination Act. c. National Labor Relation Act. d. Occupational Safety and Health Act.
a. Equal Pay Act.
In Laffey v. Northwest Airlines, Laffey filed a class action suit against NWA, claiming that the refusal to hire females as pursers violated Title VII and that the differential pay scale and allowances for male pursers and female attendants violated Title VII and the: a. Equal Pay Act. b. Sarbanes-Oxley Act. c. National Labor Relations Act. d. Gender Discrimination Act.
a. Equal Pay Act.
In Novak v. Metrohealth Medical Center, Donna Novak was terminated from her employment because the MetroHealth determined that Novak's March absences did not qualify for the FMLA leave. Novak filed suit against MetroHealth, alleging interference with her FMLA rights and retaliation under the FMLA. The Court of Appeals held that: a. Novak was not entitled to FMLA leave. b. Metro violated Title VII by terminating her. c. Novak was entitling to FMLA leave with pay. d. Metro should reinstate Novak.
a. Novak was not entitled to FMLA leave.
Employers are allowed to refuse to hire applicants who are denied national security clearances for positions subject to federal security requirements under: a. Section 703(g) of Title VII. b. Section 703(e) of Title VII. c. Section 704(e) of Title VII. d. Section 703(f) of Title VII.
a. Section 703(g) of Title VII.
According to ___________ is it lawful for women to be permitted to wear long hair while males are not permitted to have hair below the collar in a workplace. a. Title VII. b. the U.S. Constitution. c. Occupational Safety and Health Act. d. National Labor Relation Board's regulations.
a. Title VII.
Under the Family and Medical Leave Act, the employer may deny leave to employees, who are designated as: a. "employees on probation". b. mandatory employees. c. "key employees". d. temporary employees.
c. "key employees".
In Price Waterhouse v. Hopkins, the Supreme Court held that: a. a plaintiff need to demonstrate and prove that the defendant used multiple prohibited factors (race, color, gender, religion, or natural origin) as a motive for an employment action. b. the plaintiff's demonstration for a "mixed motive" situation can only be made by circumstantial evidence. c. if an employer has considered an illegal factor under Title VII (race, sex, color, religion, or national origin) in making an employment decision, the employer must demonstrate that it would have reached the same decision if it had not considered the illegal factor. d. the employer violates Title VII when an illegal factor is considered, even though there may have been other factors also motivating the decision or practice.
a. a plaintiff need to demonstrate and prove that the defendant used multiple prohibited factors (race, color, gender, religion, or natural origin) as a motive for an employment action.
Richard worked as an assembly line worker and faced employment discrimination by his supervisors. He filed a suit against his supervisors and company under Title VI and consecutively won the case against his employers. He was most likely: a. awarded back-pay. b. reinstated at a senior level with higher pay. c. awarded compensatory damages. d. awarded punitive damages.
a. awarded back-pay.
CH 6 A method of demonstrating that an employment selection device that selects employees based on the traits and characteristics that are required for the job in question is called: a. construct validity. b. seniority. c. content validity. d. affirmative action.
a. construct validity.
Mohammed worked in a garment manufacturing firm. He was a new immigrant from Afghanistan and due to the terrorist activities in his country he faced several discrimination issues at his place of work. He was subjected to humiliation and verbal abuse, and subsequently he was physically assaulted by his co-workers a few blocks from the company premises. He filed a suit under Title VII alleging racial discrimination by co-workers and his employers. To establish a prima-facie case he should present the court with: a. enough evidence to raise a presumption of discrimination. b. written notice from the federal government allowing him to sue his employers. c. written notice from the state government allowing him to sue his employers and co-workers. d. direct evidence to raise the mixed-motive analysis under Section 702(m).
a. enough evidence to raise a presumption of discrimination.
The remedies available under a government suit for the violation of Pay Discrimination Act include: a. injunction and back pay with interest. b. criminal proceedings and coverage for damages. c. criminal proceedings and back pay with interest. d. injunction and coverage for damages.
a. injunction and back pay with interest.
Samantha worked as an ocean lifeguard for the Marine Safety Section of the Parks and Recreation Department. Her immediate supervisor was Bruce. Bruce repeatedly touched Samantha without invitation and passed sexual comments on her. In this case, Samantha has a legal remedy in the form of: a. injunction. b. imprisonment. c. liquidated damages. d. specific performance.
a. injunction.
CH 6 In University and Community College System of Nevada v. Farmer, in order to remedy the racial imbalance, the University of Nevada instituted the: a. minority bonus policy. b. Wonderlic Personnel Test. c. Bennett Comprehension Test. d. Negative Role Model policy.
a. minority bonus policy.
Section 702(a) provides an exception under Title VII to all: a. religious associations. b. non-profit institutes. c. corporate houses. d. international organizations.
a. religious associations.
CH 6 Title VII is administered by: a. the Equal Employment Opportunity Commission. b. the Supreme Court. c. the Department of Labor. d. None of these answers.
a. the Equal Employment Opportunity Commission.
The provision that men and women performing substantially equal work should be paid equally is part of the: a. the Equal Pay Act. b. the Family and Medical Leave Act. c. the Pregnancy Discrimination Act. d. "Gender-Plus" Discrimination.
a. the Equal Pay Act.
CH 6 In a manufacturing company, promotions were based on seniority. The company instituted a policy of high school education, and two aptitude tests were held for the selection of employees. All employees who had high school diplomas appeared for the test. The pass rate of the white employees was 85 percent while the pass rate for African American employees was 14 percent. The African American employees brought a law suit against the company in the District court alleging that this violated Title VII of the Civil Rights Act of 1964. Based on the above information, it is most likely that the District Court held that: a. the company did not violate the Title VII Act. b. the company violated the Title VII Act. c. the company had the right to discriminate against African American employees. d. the company was unfair in administering the test.
a. the company did not violate the Title VII Act.
CH 6 A mathematical formula developed by the EEOC to demonstrate disparate impact of a facially neutral employment practice on selection criteria is: a. the four-fifths rule. b. disparate treatment. c. disparate impact. d. content validity.
a. the four-fifths rule.
The U.S. Attorney General has the authority under section 706(f)(1) to file a suit against: a. the local public employer. b. the private employer of a different state. c. an employee of the EEOC. d. an employee of the NLRB.
a. the local public employer.
CH 6 In EEOC v. Dial Corp., after the Work Tolerance Screen (WTS) was adopted: a. the percentage of new female hires declined. b. the percentage of new female hires significantly increased. c. the percentage of new hires from minority groups declined. d. the percentage of new male hires significantly declined.
a. the percentage of new female hires declined.
James and Cameron applied for the position of an assistant professor at Luthans University. Though Cameron had more experience and was better qualified, her job application was rejected by the University Board. The Board felt that as a woman, Cameron would not be able to maintain discipline in her class since most of the students were male. James' job application was considered and he was later hired. In this case, the University Board: a. violated the provisions of Title VII of the Civil Rights Act. b. does not violate Title VII since they could demonstrate a BFOQ exception. c. does not violate Title VII but violates EEOC. d. does not violate either Title VII or EEOC since gender was part of the required skills.
a. violated the provisions of Title VII of the Civil Rights Act.
Olivia requested for leave from her supervisor for one week since her daughter fell sick and required home care. The employer refused to grant her leave and as a result Olivia was forced to be absent from work without pay. She later filed a suit against her employer alleging violation of Title VII. Under the assumption that Olivia is a productive employee, the court most likely held that: a. the employer did not violate Title VII. b. Olivia is entitled for leave under FMLA. c. Olivia was not entitled to the leave. d. Olivia violated Title VII by filing suit against employer.
b. Olivia is entitled for leave under FMLA.
A transport company had a policy that required every female employee to go through a mandatory physical examination prior to a promotion. However, the test was not mandatory for male candidates. A group of female candidates filed a lawsuit against the company. In this instance, the court most likely held that the company violated: a. Title VII, on the basis of gender stereotyping. b. Title VII, on the basis of gender-plus discrimination. c. Title VII, on the basis of national origin. d. National Labor Relation Act.
b. Title VII, on the basis of gender-plus discrimination.
The Supreme Court held that a plaintiff must "offer statistical evidence of a kind and degree sufficient to show that the practice in question has caused the exclusion of applicants for jobs or promotions because of their membership in a protected group" in the case of: a. International Brotherhood of Teamsters v. United States. b. Watson v. Fort Worth Bank & Trust. c. Connecticut v. Teal. d. United Steelworkers of America v. Weber.
b. Watson v. Fort Worth Bank & Trust.
. In City of Los Angeles v. Manhart, a group of female employees filed suit against the department, alleging that the practice of making female employees pay higher contributions to receive equal benefits upon retirement violated Title VII. The trial court held that, the department's practice: a. amounted to discrimination on the basis of age. b. amounted to illegal sex discrimination. c. was legal under the BFQQ exception of Title VII. d. amounted to discrimination based on nationality.
b. amounted to illegal sex discrimination.
Scarlett applied for a job as personal shopper in a boutique for exclusive menswear. The boutique rejected her application since the job also required assisting male customers in the fitting rooms which was a business necessity and was inappropriate for a female employee. In this case, the department is justified under: a. public policy exception. b. bona fide occupational qualification. c. employment-at-will. d. gender stereotyping.
b. bona fide occupational qualification.
At Your Home, a service provider offers healthcare assistance for elderly or disabled persons at their place of residence. Since most of the clients require total physical care including assistance to get dressed or move around the house, At Your Home screens applicants for employment by using a strength test. The applicants must be able to lift a dummy weighing 175 pounds. The strength test disqualifies most female applicants, as well as a majority of Asian male applicants. To avoid violation of Title VII, At Your Home should use: a. construct validity. b. content validity. c. criterion-related validity. d. both construct and content validity.
b. content validity.
Carl is working as a ground staff for Ramset airlines since five years and his employer refused to complete his annual appraisal since he was over fifty years of age. He filed suit alleging violation under Age Discrimination in Employment Act. The court decided in favor of Carl and also ordered for remedies such as: a. back pay. b. liquidated damages and legal fees. c. increment of salary. d. reinstatement.
b. liquidated damages and legal fees.
Awarding of back pay and seniority is a: a. principle reversed by the Supreme court. b. remedy under Title VII. c. state employment policy. d. federal employment policy.
b. remedy under Title VII.
In Smith v. City of Salem, Ohio, Greenamyer suspended Smith for one twenty-four hour shift, based on his alleged infraction of a City and/or Fire Department policy. Smith filed suit in the federal district court alleging: a. pay discrimination in violation of Title VII. b. sex discrimination and retaliation in violation of Title VII. c. violation of National Relation Board by Greenamyer. d. violation of Title VII by discriminating her on the basis of religion.
b. sex discrimination and retaliation in violation of Title VII.
In Price Waterhouse v. Ann B. Hopkins, Ann Hopkins, a senior manager in an office of Price Waterhouse, was proposed for partnership. When the partners in her office refused to repropose her partnership, she sued the firm. The Supreme Court held that employment decisions may constitute sex discrimination in violation of Title VII, if the decision is based on: a. age discrimination. b. sex stereotypes. c. grounds of pregnancy. d. sexual harassment.
b. sex stereotypes.
In McKennon v. Nashville Banner Publishing Co, the employer argued that an employee's after-acquired evidence precluded the right of plaintiff to: a. work in a new company. b. sue under the Age Discrimination in Employment Act. c. get monetary dues from employer. d. get back the documents.
b. sue under the Age Discrimination in Employment Act.
CH 6 In Equal Employment Opportunity Commission (EEOC) v. Dial Corp, the trial court held that: a. Dial was not in violation of Title VII. b. the Work Tolerance Screen (WTS) had a discriminatory effect on female applicants. c. Dial had demonstrated that the WTS was a business necessity and had shown criterion validity. d. Dial had effectively controlled for other variables that may have caused the decline in injuries.
b. the Work Tolerance Screen (WTS) had a discriminatory effect on female applicants.
Ron and Roderick were American employees at a publishing firm. The company employed 22 workers, most of who were French or spoke French. There were constant complaints pertaining to language issues by Ron and Roderick. The company subsequently adopted an "English-only" policy, requiring employees to speak in English while conducting business. The French employees and the union then filed a lawsuit against the company, alleging that the English-only policy violated Title VII. In this case, the court held that there was no violation of Title VII because: a. there wasn't enough evidence that the rule was actually implemented. b. there were no reasonable grounds to justify that provisions of Title VII were violated. c. there were not a sufficient number of employees to support the union. d. there were a large number of English speaking employees in the company.
b. there were no reasonable grounds to justify that provisions of Title VII were violated.
A telephonic marketing firm is looking at establishing themselves in Florida. Because of the nature of its work, the firm decides to hire only people who speak fluent English and not to hire any person who has a noticeable accent or, in the words of the marketing manager, "who have any native influences to their accent." The company's hiring policy: a. supports Title VII. b. cannot fall under Title VII. c. clearly violates Title VII. d. does not violate Title VII.
c. clearly violates Title VII.
CH 6 A teacher who is required to possess the attribute of "patience," or an executive who is required to possess qualities of "leadership" are being measured based on: a. content validity. b. criterion-related validity. c. construct validity. d. validity logic.
c. construct validity.
CH 6 In Clackamas Gastroenterology Associates, P.C. v Wells, the court discussed whether managing directors or physician-shareholders of professional corporations are employees for the purposes of determining coverage under: a. disparate impact. b. content validity. c. construct validity. d. Title VII.
c. construct validity.
In Astoria Federal Savings & Loan v. Solimino, if the state or local EEO agency has ruled that the employee was not the victim of age discrimination; an individual can file an age discrimination suit in: a. circuit court. b. court of appeals. c. federal court. d. district court.
c. federal court.
Robin works as a human resource manager for Banes & Obel. The company asks Robin to ensure that all suitable candidates including women and minorities are interviewed for open positions, but instructs her to not hire any minority applicants. When Robin reminds her supervisor that Title VII prohibits race discrimination she finds herself being removed from the interview process and all tasks related to the hiring process. In the above case, Banes & Obel: a. has not violated Title VII since there was no discrimination during the interview process. b. has not violated Title VII if they can prove the open positions in the organization were not suitable for minority candidates. c. has clearly violated Title VII by instructing Robin to not hire minority applicants. d. has not violated Title VII since Robin is no longer part of the decision-making process.
c. has clearly violated Title VII by instructing Robin to not hire minority applicants.
A female employee was asked by her male supervisor to sleep with him if she wanted a satisfactory evaluation and recommendation for promotion. When she refused, she was subjected to negative evaluation, disciplinary suspensions, and she was ultimately fired. This action of supervisor can be termed: a. hostile environment harassment. b. sex discrimination. c. quid pro quo harassment. d. regional discrimination.
c. quid pro quo harassment.
The judgment of the court in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, in which plaintiffs brought action against the CPB and the COP alleging, among other things, discrimination on the basis of religion in violation of the Civil Rights Act of 1964, was: a. upheld. b. reversed. c. remanded. d. dismissed.
c. remanded.