Human Resource Management Midterm

Which defense requires showing that there is an overriding company-related purpose for a discriminatory practice and that the practice is therefore acceptable? A) prima facie B) business necessity C) adverse impact D) mixed motive

"Business necessity" is a defense created by the courts that requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable. It's not easy to prove business necessity because the Supreme Court made it clear that business necessity does not encompass such matters as avoiding an employer inconvenience, annoyance, or expense

________ involves setting objectives, making forecasts, reviewing alternative courses of action, evaluating options and implementing the plan. A) The management planning process B) Financial auditing C) Employee testing D) Employee benchmarking

Answer: A) Management Planning Process

Which of the following terms refers to the process of comparing and analyzing the practices of one firm with those of a high-performing company? A) benchmarking B) diversifying C) strategizing D) outsourcing

Benchmarking

An employer that uses a screen-reading program to meet the needs of a blind employee is most likely ________. A) making a reasonable accommodation B) fulfilling job analysis requirements C) identifying essential job functions D) complying with Title VII rules

If an employee can't perform the job as currently structured, the employer must make a "reasonable accommodation" unless doing so would present an "undue hardship." Reasonable accommodation might include modifying work schedules, or acquiring equipment or other devices (such as screen-reading programs) to assist the person

Which court case provided details regarding how employers could validate the relationship between screening tools and job performance? A) Oncale v. Sundowner Offshore Services Inc. B) Albemarle Paper Company v. Moody C) Griggs v. Duke Power Company D) Burlington Industries v. Ellerth

In the Albemarle case, the Court provided more details on how employers could prove that tests or other screening tools relate to job performance. For example, the Court said that if an employer wants to test candidates for a job, then the employer should first clearly document and understand the job's duties and responsibilities

All of the following are characteristics of a job posting EXCEPT ________. A) listing the job's attributes B) providing the job's pay rate C) publicizing the open job to employees D) indicating the preferred number of applicants

Indicating the preferred number of applicants

Which of the following is used by lawyers in disparate impact cases to show intentional disparate treatment? A) disparate rejection rates B) restricted policy approach C) population comparisons D) McDonnell-Douglas test

Lawyers in disparate impact cases use disparate rejection rates, restricted policy approaches, and population comparisons to test whether an employer's policies or actions have the effect of unintentionally screening out disproportionate numbers of women or minorities. Lawyers use the McDonnell-Douglas test for showing (intentional) disparate treatment, rather than (unintentional) disparate impact.

Which type of disability accounts for the greatest number of ADA claims? A) drug-related B) mental C) vision D) hearing

Mental disabilities account for the greatest number of ADA claims. Under EEOC ADA guidelines, "mental impairment" includes "any mental or psychological disorder, such as emotional or mental illness."

Smith Industries is thinking of having another company take care of its benefits management. This is called: A) outsourcing B) recruiting C) telecommuting D) screening

Outsourcing

Which of the following terms refers to the background investigations, tests, and physical exams that firms use to identify viable candidates for a job? A) selection tools B) job analysis methods C) personnel techniques D) forecasting tools

Selection Tools

When managers need to determine which current employees are available for promotion or transfer, they will most likely use ________. A) scatter plots B) skills inventories C) estimated sales trends D) personnel forecasts

Skills inventories

A firm's ________ should guide employment planning and determine the types of skills and competencies the firm needs. A) job analysis B) organization chart C) marketing planning D) strategic business planning

Strategic Business Planning

According to Title VII of the 1964 Civil Rights Act, which of the following employers would be legally allowed to refuse employment to an individual based on race, religion, or sex? A) a state agency with 65 employees B) a medical office with 25 employees C) a local restaurant with 10 employees D) a department store with 100 employees

Title VII bars discrimination on the part of most employers, including all public and private employers of 15 or more persons. It also covers all private and public educational institutions, the federal government, and state and local governments.

The EEOC was initially established to investigate complaints about ________. A) job discrimination B) unfair business practices C) sexual harassment in schools D) structural accommodations for disabled people

Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The EEOC receives and investigates job discrimination complaints from aggrieved individuals.

Which legislation was responsible for the creation of the Equal Employment Opportunity Commission? A) Equal Pay Act of 1963 B) Civil Rights Act of 1866 C) Executive Orders 11246 and 11375 D) Title VII of the 1964 Civil Rights Act

Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The commission itself consists of five members appointed by the president with the advice and consent of the Senate. Executive Orders 11246 and 11375 established the Office of Federal Contract Compliance Programs

Which of the following terms refers to studying a firm's past employment needs over a period of years to predict future needs? A) ratio analysis B) trend analysis C) graphical analysis D) computer analysis

Trend Analysis

In order to generate the desired workforce skill, competencies, and behaviors that a firm needs to achieve its strategic goals, human resource management must first develop ________. A) strategic plans B) HR policies C) employee skills D) company norms

A) Strategic Plans

Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related? A) employee B) employer C) judge D) EEOC

According to the Civil Rights Act of 1991, once an aggrieved applicant or employee demonstrates that an employment practice (such as "must lift 100 pounds") has a disparate (or "adverse") impact on a particular group, then the burden of proof shifts to the employer, who must show that the challenged practice is job related

Which law allows an employer to claim that an employment practice is a bona fide occupational qualification for performing the job? A) Title VII of the 1964 Civil Rights Act B) Vocational Rehabilitation Act of 1973 C) Genetic Information Nondiscrimination Act of 2008 D) 1972 Equal Opportunity Act

An employer can claim that the employment practice is a bona fide occupational qualification (BFOQ) for performing the job according to Title VII. Title VII provides that "it should not be an unlawful employment practice for an employer to hire an employee . . . on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise."

Race, color, religion, sex, or national origin is a motivating factor in a particular termination case, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation? A) mixed motive B) disparate impact C) liability defense D) burden of proof

An unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. Some employers in so-called "mixed motive" cases had taken the position that even though their actions were discriminatory, other factors like the employee's dubious behavior made the job action acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken the same action—such as terminating someone—even without the discriminatory motive.

When Apple opened its own Apple stores, this was an example of ________. A) market penetration B) concentration C) vertical integration D) consolidation

Answer: A) Market Penetration I think

All of the following are commonly addressed in an HR audit EXCEPT ________. A) exempt workers B) job descriptions C) accounting expenses D) workers' compensation benefits

Answer: B) Job Descriptions I think

Harley-Davidson sells a line of boots, helmets, and leather jackets indicating that the firm is pursuing which of the following strategies? A) consolidation B) geographic expansion C) diversification D) horizontal integration

Answer: D) Horizontal Integration I think

The 2008 announcement by Starbucks that it would be closing approximately 600 of its stores suggests the firm was using a ________ strategy. A) consolidation B) diversification C) geographic expansion D) vertical integration

Answer: A) Consolidation

________ defines the nature of the company's business in terms of how it will match its internal strengths and weaknesses with its external opportunities and threats in order to maintain a competitive position. A) Financial auditing B) Strategic planning C) Employee benchmarking D) Employee testing

Answer: B) Strategic Planning

John wants to perform external and internal audits as part of the strategic management process. What is a frequently used tool to organize relevant information on positive and negative aspects of the company and environment? A) BCG matrix B) QSPM matrix C) SWOT chart D) EPS/EBIT table

Answer: C) SWOT Chart I think

What were the three crucial guidelines affecting equal employment legislation that Chief Justice Burger identified in his written opinion on Griggs v. Duke Power Company?

Answer: First, discrimination by the employer need not be overt. The employer does not have to be shown to have intentionally discriminated against the employee or applicant. It need only show that discrimination did take place. Second, an employment practice must be job related if it has an unequal impact on members of a protected class. Third, the burden of proof is on the employer to show that the hiring practice is job related.

To prove sexual harassment, it is necessary to show that the harassment had tangible consequences such as demotion or termination. True or False

FALSE Explanation: In Burlington Industries v. Ellerth, the employee accused her supervisor of quid pro quo harassment. She said her boss propositioned and threatened her with demotion if she did not respond. He did not carry out the threats, and she was promoted. Therefore, in quid pro quo cases it is not necessary for the employee to suffer a tangible job action (such as a demotion) to win the case.

The process of deciding how to fill executive positions at a firm is known as ________. A) internal recruiting B) succession planning C) long-term forecasting D) advanced interviewing

Succession Planning

What is the first step in the recruitment and selection process? A) performing initial screening interviews B) building a pool of candidates C) performing candidate background checks D) deciding what positions to fill

Deciding what positions to fill

________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. A) Disparate impact B) Disparate treatment C) Adverse impact D) Prima facie

Disparate treatment means intentional discrimination and "exists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group."

Compare and contrast disparate treatment and disparate impact.

Disparate treatment means intentional discrimination. It exists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. Disparate impact means that an employer engages in an employment practice or policy that has a greater impact on the members of a protected group under Title VII than on other employees, regardless of intent. Disparate treatment requires finding intent to discriminate while disparate impact claims do not require proof of discriminatory intent.

Which of the following is NOT a form of sexual harassment according to EEOC guidelines? A) unwelcome sexual advances that create an intimidating work environment B) verbal conduct of a sexual nature that unreasonably interferes with work performance C) physical conduct of a sexual nature that creates an offensive work environment D) mutually consensual physical conduct of a sexual nature between co-workers

EEOC guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment or interferes with work performance. Requests for sexual favors that are used as the basis for employment decisions are also considered sexual harassment. Consensual sex between co-workers is not considered sexual harassment.

What steps can an employee take to address the problem of sexual harassment in the workplace?

Employees can take the following 5 steps: 1) Verbal protest, 2) Write a letter to the accused, 3) File verbal and written report, 4) File claim at local EEOC, and 5) Consult an attorney.

Which of the following best explains why employers win the majority of ADA cases? A) Employers make the necessary reasonable accommodations for employees. B) Employees fail to prove that their disabilities affect daily living activities. C) Conservative judges are sympathetic towards most small-business owners. D) Employee attorneys fail to draw connections between Title VII and ADA

Employers traditionally prevailed in almost all—96%—federal circuit court ADA decisions. The U.S. Supreme Court has ruled that a disability must be central to the employee's daily living (not just job).

All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________. A) having an informal policy for dealing with sexual harassment B) taking all complaints about harassment seriously C) establishing a management response system that includes an immediate reaction and investigation D) training supervisors and managers to increase their awareness of the issues

Establishing a clear sexual harassment policy that clarifies how to report complaints and investigating charges quickly are major ways that employers can show that they took reasonable care to prevent and correct sexual harassment, which will minimize liability. An informal policy does not do so.

Discrimination is an attitude that prejudges someone based on that person's trait. True or False

FALSE Explanation: Discrimination is not an attitude, rather it is taking specific actions toward or against a person based on the person's group.

The formula used by federal agencies to determine disparate rejection rates is based on a selection rate for any racial, ethnic, or sex group less than ________ percent of the rate for the group with the highest rate. A) 40 B) 60 C) 80 D) 100

Federal agencies use a "4/5ths rule" to assess disparate rejection rates: "A selection rate for any racial, ethnic, or sex group which is less than four-fifths or 80% of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded as evidence of adverse impact."

Which of the following refers to an analysis by which an organization measures where it currently stands and determines what it has to accomplish to improve its HR functions? A) HR methodology B) HR benchmark C) HR checklist D) HR audit

HR Audit

Which of the following terms refers to the quantitative measure of a human resource management yardstick such as employee turnover or qualified applicants per position? A) human resource audits B) human resource metrics C) management by objectives D) human resource scorecards

Human Resource Metrics

Workforce planning often involves paying continuous attention to workforce planning issues which is called: A) personnel replacement chart B) predictive workforce monitoring C) personnel replacement charts D) yield pyramids

Predictive Workforce Monitoring

A ________ is used to calculate the number of applicants a firm must generate to hire the required number of new employees. A) trend analysis B) ratio analysis C) recruiting yield pyramid D) scatter plot

Recruiting Yield Pyramid

The Americans with Disabilities Act of 1990 does not list specific disabilities but provides impairment guidelines instead. True or False

TRUE Explanation: The ADA does not list specific disabilities. Instead, EEOC guidelines say someone is disabled when he or she has a physical or mental impairment that "substantially limits" one or more major life activities. Impairments include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of several body systems, or any mental or psychological disorder

According to GINA, health insurers and employers are prohibited from discriminating based on people's genetic information. True or False

TRUE Explanation: The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination by health insurers and employers based on people's genetic information. Specifically, it prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements

If a business offers its employees disability coverage, then pregnancy and childbirth must be treated like any other disability and included in the plan as a covered condition. True or False

TRUE Explanation: The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth, or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in any term or condition of employment. Furthermore, under the act, if an employer offers its employees disability coverage, then it must treat pregnancy and childbirth like any other disability and include it in the plan as a covered condition.

The Supreme Court has held that an employee who is over 40 may sue for discrimination if he or she is replaced by a "significantly younger" employee, even if the replacement is also over 40. True or False

TRUE Explanation: You can't get around the ADEA by replacing employees over 40 years of age with those who are also over 40. In O'Connor v. Consolidated Coin Caterers Corp., the U.S. Supreme Court held that an employee who is over 40 years of age might sue for discrimination if a "significantly younger" employee replaces him or her, even if the replacement is also over 40. The Court didn't specify what "significantly younger" meant, but O'Connor had been replaced by someone 16 years younger.

The 13th Amendment to the U.S. Constitution addresses the subject of ________. A) due process B) slavery C) private property D) trial by jury

The 13th Amendment to the U.S. Constitution abolished slavery, and courts have held that it bars racial discrimination

Under ADA, those who can carry out the essential functions of the job are known as which of the following? A) protected class B) career anchors C) staff authorities D) qualified individuals

The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. The individual must have the requisite skills, educational background, and experience to do the job.

The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. A) Fifth Amendment B) Civil Rights Act of 1866 C) Title VII of the 1964 Civil Rights Act D) Thirteenth Amendment

The Civil Rights Act of 1866 gives all persons the same right to make and enforce contracts and to benefit from U.S. laws. The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due process of the law." The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers cannot discriminate based on race, color, religion, sex, or national origin

All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________. A) burden of proof is on the employer B) performance standards should be unambiguous C) business necessity is a defense for an existing program D) discrimination does not have to be overt to be illegal

The Court ruled in Griggs v. Duke Power Company that the burden of proof is on the employer to show that a hiring practice such as testing is job related. The Court also ruled that business necessity is the defense for any existing program that has adverse impact and that discrimination does not have to be overt to be illegal. The case did not address performance standards.

In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because ________. A) high school diplomas were not related to success as a coal handler B) Duke Power Company intentionally discriminated based on race C) no business necessity existed for Duke Power Company D) Title VII forbids job testing

The Court ruled in favor of Griggs because having a high school diploma was not relevant to the job of coal handler. The Court held that an employment practice must be job related if it has an unequal impact on members of a protected class.

Which of the following appoints the members of the EEOC? A) U.S. Congress B) U.S. Supreme Court C) U.S. President D) U.S. voters

The EEOC consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a five-year term

All of the following are ways that an employee or job applicant can show adverse impact EXCEPT ________. A) comparing disparate rejection rates B) holding a fact-finding conference C) utilizing population comparisons D) using the standard deviation rule

The EEOC investigates charges of discrimination and frequently holds fact-finding conferences, so this would not be an option for employees or job applicants. Comparing disparate rejection rates, making population comparisons, and using the standard deviation rule are methods available to employees and applicants trying to show that an employer's procedures have an adverse effect on a protected group.

Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________. A) employee selection B) record keeping C) sexual harassment D) psychological testing

The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth "highly recommended" procedures regarding things like employee selection and record keeping. The American Psychological Association has its own non-legally binding Standards for Educational and Psychological Testing.

The ________ provides that a person who commits a crime of violence motivated by gender that deprives another of rights shall be liable to the party injured. A) Civil Rights Act of 1991 B) Federal Violence Against Women Act of 1994 C) Pregnancy Discrimination Act D) Vocational Rehabilitation Act of 1973

The Federal Violence Against Women Act of 1994 provides that a person who commits a crime of violence motivated by gender and thus deprives another of rights shall be liable to the party injured. The law offers an additional path women can use to seek relief for violent sexual harassment.

Which amendment to the U.S. Constitution states that "no person shall be deprived of life, liberty, or property, without due process of the law"? A) First Amendment B) Fifth Amendment C) Tenth Amendment D) Thirteenth Amendment

The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due process of the law." The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination.

The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held that it bars racial discrimination. A) Fifth B) Tenth C) Thirteenth D) Fourteenth

The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due process of the law."

All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________. A) the verbal remarks of a co-worker were sexually flirtatious B) the rejection of a supervisor's sexual advances led to a demotion C) a hostile work environment was created by a co-worker's sexual conversation D) a hostile work environment was created by a nonemployee's sexual advances

The U.S. Supreme Court held that sexual harassment law doesn't cover ordinary "intersexual flirtation." Someone can prove sexual harassment if rejecting a supervisor's sexual advances led to a demotion, firing, or altered work assignment. Sexual harassment can also be proven if a hostile work environment is created by the sexual conduct of supervisors, co-workers, or nonemployees.

The ________ requires certain federal contractors to take affirmative action for disabled persons. A) Equal Pay Act B) Vocational Rehabilitation Act C) Age Discrimination in Employment Act D) Civil Rights Act

The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. It does not require hiring unqualified people.

In Bakke v. Regents of the University of California, which of the following claims was made by Allen Bakke? A) sexual harassment B) racial discrimination C) reverse discrimination D) affirmative action

The case serves as an example of reverse discrimination. In Bakke v. Regents of the University of California (1978), the University of California at Davis Medical School denied admission to white student Allen Bakke, allegedly because of the school's affirmative action quota system, which required that a specific number of openings go to minority applicants. In a 5-to-4 vote, the U.S. Supreme Court struck down the policy that made race the only factor in considering applications for a certain number of class openings and thus allowed Bakke's admission.

One of Alexis' male co-workers has been making sexually suggestive comments to Alexis about her clothing and her appearance, which makes Alexis feel uncomfortable at work. What is the first step Alexis should take to address the problem? A) filing a complaint with the local EEOC office B) filing a verbal complaint with the harasser's boss C) writing a letter to the accused D) consulting an attorney

The first step Alexis should take is filing a verbal complaint with the harasser and the harasser's boss. After that, writing a letter to the accused and filing a report with the HR director are appropriate actions. Filing a complaint with the EEOC and consulting an attorney are the final steps to take if previous efforts have not improved the situation

Which of the following tests for adverse impact involves demonstrating that the employer's policy either intentionally or unintentionally excludes members of a protected group? A) McDonnell-Douglas test B) BFOQ approach C) systemic method D) restricted policy

The restricted policy approach means demonstrating that the employer's policy intentionally or unintentionally excluded members of a protected group.

True or False: Human resource metrics are used to assess a firm's HR performance and to compare one firm's HR performance with that of another firm.

True I think

Which of the following factors is NOT an acceptable basis for different pay for equal work under the Equal Pay Act of 1963? A) gender B) seniority C) production quality D) production quantity

Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Pay differences derived from seniority systems, merit systems, and systems that measure earnings by production quantity or quality or from any factor other than sex do not violate the act.

Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection and record keeping? A) job specifications B) employment metrics C) process charts D) uniform guidelines

Uniform guidelines are issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures for complying with the law. They set forth "highly recommended" procedures regarding things like employee selection and record keeping

________ is the process of deciding what positions the firm will have to fill and how to fill them. A) Recruitment B) Selection C) Job analysis D) Workforce planning

Workforce Planning