Exam One / Chapter Four
Most of the EEO laws and executive orders dealing with federal contractors contain the requirement of affirmative action for those with contracts of at least:
$10,000
Company's moral concerns about health of future children is not sufficient to bar women from employment
Auto Workers v. Johnson Controls (1991)
Company must insure that all parts of a multiple-step selection program have no disparate impact
Connecticut v. Teal (1982)
What is the regulatory agency in charge of the enforcement of Title VII?
Equal Employment Opportunity Commission (EEOC)
The Department of Labor is responsible for the enforcement of which of the following?
Executive Order 11246
An affirmative action program is a requirement for contractors who have more than $10,000 in business with the government and more than 50 employees under:
Executive Order 11246.
All federal government contractors must have affirmative action plans.
False
An affirmative action goal is the same as a quota.
False
Court decisions regarding ADA interpretation must be in line with congressional intent when the law was passed.
False
Demonstrating that not using the selection requirement would result in great cost or loss of business to the firm has generally been found adequate for establishing "business necessity."
False
Homosexuality is considered a disability according to the Americans with Disabilities Act.
False
It is the responsibility of the employer to question job applicants to determine if they have disabilities that must be accommodated.
False
Lack of discrimination intent is sufficient defense in a court case of disparate treatment discrimination in selection.
False
OFCCP (Office of Federal Contract Compliance Programs) is responsible for the enforcement of the Age Discrimination in Employment Act of 1967.
False
Only scored selection tests are addressed in the Uniform Guidelines on Employee Selection Procedures.
False
Race norming is considered an acceptable practice according to the Civil Rights Act of 1991.
False
Since 2009, sexual preference discrimination is covered under Title VII of the Civil Rights Act of 1964.
False
Sometimes under EEO there is a legal requirement to hire unqualified applicants to increase the "numbers" of specific groups.
False
The "glass ceiling effect" refers to an employer's effort to intentionally create barriers that impede the advancement of women and minorities to higher positions.
False
The Age Discrimination in Employment Act eliminates trials by jury.
False
The Americans with Disabilities Act allows pre-employment inquiries about a person's disability.
False
The Americans with Disabilities Act does not consider mental retardation and specific learning disabilities "mental impairments".
False
The Americans with Disabilities Act protects active alcoholics who cannot perform their job duties from employment discrimination.
False
The Immigration Reform and Control Act of 1986 makes employers liable for knowingly and unknowingly employing any alien not authorized to work in the United States.
False
The burden of proof is initially on the defendant in either a disparate treatment or a disparate impact discrimination case.
False
The federal agency that regulates personnel activities and discrimination in the workplace covered by Title VII is the Department of Labor.
False
The legal burdens for both plaintiffs and defendants are the same regardless of whether the case is heard as a disparate impact or a disparate treatment case.
False
Title VII of the Civil Rights Act of 1964 prohibits, among other things, discrimination on the basis of marital status in the workplace.
False
To establish a prima facie case, a person needs only to show that he/she belongs to a racial minority and that he/she was rejected for the job.
False
Selection test must be job-related if disparate impact results
Griggs v. Duke Power (1971)
How does federal regulation of recent years differ from historical regulation?
It is not specific to any industry, but rather applies to many.
In disability cases, organization must prove that individual cannot perform job
OFCCP v. Ozark Air Lines (1986)
What is the current status of voluntary affirmative action programs?
Organizations must meet specific criteria in order to establish these programs.
Which of the following has been shown to cause disparate impact?
Requiring a high school diploma requirement for entry-level positions.
What is disparate impact?
Selection standards are applied uniformly to all groups, but the net result is to produce differences in the selection of various groups
Company's burden of proof against adverse impact diminishes as human risk increases
Spurlock v. United Airlines (1972)
______________ enforces executive orders.
The Department of Labor
Which of the following is TRUE about the Uniform Guidelines on Employee Selection Procedures?
They are given great deference by the courts when considering discrimination cases.
"Reasonable accommodation" does not require preferences be awarded to persons with disabilities.
True
A "qualified individual with a disability" refers to an individual with a disability that with or without reasonable accommodation can perform the "essential functions" of the job.
True
ADEA stands for Age Discrimination in Employment Act.
True
All organizations are required to keep information about the demographic characteristics of applicants and hires.
True
Employers may ask that individuals with disabilities request in advance any accommodations necessary to take employment tests.
True
Executive Order 11246 prohibits discriminatory acts and is directed toward contractors doing more than $10,000 per year in business with the federal government.
True
Flow statistics compare proportions taken at two points in time.
True
Generally, the disabled person is responsible for informing the employer that accommodation is needed.
True
In voluntary affirmative action programs, preferential treatment given one group may be interpreted as reverse discrimination by another group.
True
It is not an unfair employment practice to prefer to select or recruit an individual who is a citizen of the U.S. instead of another individual who is a noncitizen.
True
One option for an organization accused of illegal discrimination is to conduct a validation study to support the organization's contention that the selection instruments are job related.
True
Pre-employment medical examinations can be given to applicants only after a job offer is made.
True
Private clubs are not covered by Title VII of the Civil Rights Act of 1964.
True
Race norming is the practice of ranking test scores of minorities separately from non-minorities and of choosing high scores within each group in order to create or maintain a more diverse workforce.
True
Rehabilitated drug users are protected by the Americans with Disabilities Act.
True
Small businesses are exempt from many of the EEO laws and directives.
True
Statistical data are a major part of disparate impact cases.
True
Stock statistics compare groups at one point in time.
True
The ADA Amendments Act of 2008 makes it easier for plaintiffs to make a case for disability.
True
The Americans with Disabilities Act does NOT consider drug testing a medical examination.
True
The Civil Rights Act of 1991 amends the Civil Rights Act of 1964.
True
The Uniform Guidelines on Employee Selection Procedures serve as a primary reference for court decisions.
True
Under the Uniform Guidelines on Employee Selection Procedures skills and abilities easily learned during a brief training program are not acceptable as selection requirements.
True
Voluntary affirmative action programs are controversial and can lead to claims of reverse discrimination.
True
charge of discrimination can be embarrassing for an organization.
True
Validation must reflect selection decision practices
U.S. v. Georgia Power (1973)
Cases focusing on subjective selection devices (e.g., interviews and judgments) could be heard as disparate impact cases
Watson v. Ft. Worth Bank & Trust (1988)
The Civil Rights Act of 1866 covers which of the following private employers?
all of them (15,25, 50 or more)
The first response by the EEOC after a charge of discrimination has been filed is to:
attempt to negotiate a no-fault settlement.
What are the three options an employer has for defense in an adverse impact discrimination case?
business necessity, validity, BFOQ (bona fide occupational qualification
Which of the following is not prohibited by Title VII of the Civil Rights Act of 1964?
discrimination on the basis of sexual preference
An intention to discriminate must be shown to provide evidence for which kind of discrimination?
disparate treatment
hich of the following criteria can be used for framing a BFOQ (bona fide occupational qualification) defense?
gender
What determines the relevant labor market for an organization?
geographical location, skill level
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against which of the following?
individuals 40 and over
"Qualified individual with a disability" refers to which of the following?
individuals with a disability, who, with or without reasonable accommodation, can perform the essential functions of the job
Requirements drawn from higher-level jobs are permissible only if it can be documented that a majority of individuals move to higher-level jobs within a reasonable time period. What do the Uniform Guidelines on Employee Selection Procedures define as a reasonable time period?
no more than 5 years
he Uniform Guidelines on Employee Selection Procedures requires organizations to keep information about the demographic characteristics of applicants and hires. These records must be kept for which groups?
only those groups that constitute at least 2% of the relevant labor market
Disparate impact may be indicated even if the four-fifths rule is satisfied. This would be due to which of the following?
sample size
A lawsuit charging illegal discrimination against homosexuals could be filed under which of the following:
the Fifth or Fourteenth Amendments to the Constitution
Which of the following is the rule-of-thumb used by the courts to determine discrimination?
the four-fifths rule
The Americans with Disabilities Act covers which of the following employers?
those with 25 or more employees
What is the major difference between stock and flow statistics?
timing of comparisons
Which of the following is considered acceptable according to the Uniform Guidelines on Employee Selection Procedures?
using requirements drawn from higher-level jobs if the majority of individuals move to the higher-level job within a reasonable period of time
A charge of discrimination must be filed how soon after an alleged act?
within 180 days
Which of the following organizations is not covered by Title VII of the Civil Rights Act of 1964?
work with the plaintiff to develop a strategy to seek justice.