MGMT 365 Chapter 3 Connect Test Questions

Discuss the four major components of an Occupational Safety and Health Act inspection.

An Occupational Safety and Health Act (OSHA) inspection has four major components: 1. A compliance officer reviews the employer's records of death, injuries, and illnesses. OSHA requires this kind of record keeping from all firms with 11 or more full- or part-time employees. 2. The officer, typically accompanied by a representative of the employer (and perhaps by a representative of the employees), conducts a walkaround tour of the employer's premises. On this tour, the officer notes any conditions that may violate specific published standards or the less specific general duty clause. 3. The officer may conduct employee interviews during the tour. At this time, any person who is aware of a violation can bring it to the attention of the officer. 4. The officer holds a closing conference to discuss the findings with the employer, noting any violations. If a violation represents imminent danger, the officer may, through the Department of Labor, seek a restraining order from a U.S. district court.

The Vocational Rehabilitation Act of 1973 is enforced by the _____.

Employment Standards Administration of the Department of Labor

Which of the following agencies is responsible for investigating and resolving discrimination complaints, gathering information, and issuing guidelines?

Equal Employee Opportunity Commission

Which of the following agencies is responsible for enforcing Title VII of the Civil Rights Act and the Americans with Disabilities Act?

Equal Employment Opportunity Commission

Which of the following is responsible for enforcing the Age Discrimination in Employment Act?

Equal Employment Opportunity Commission

The U.S. Office of Personnel Management is in charge of

Executive Order 11478

Which of the following is considered a disability under the Americans with Disabilities Act?

cosmetic disfigurement

If neither party is satisfied with the National Labor Relations Board's decision, the parties can take the case to the _____ for review.

court of appeals

A hotel in Florida has instituted a policy to hire individuals living in close proximity to the hotel premises to reduce instances of employees coming in late. As the area surrounding the hotel is predominantly populated with individuals of Hispanic origin, the Caucasian and African-American communities became underrepresented in the hotel's workforce. This is an example of

disparate impact

Under _____, intent is irrelevant.

disparate impact

_____ occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.

disparate impact

Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline. Despite both having similar profiles, Michael was hired but Mohammad was not, and the airline continued to look for other potential trainee pilots. In this case, Mohammad was a possible victim of

disparate treatment

Executive Order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to

engage in affirmative action programs to hire and promote minorities

Which of the following directives can be issued by the president?

executive order

Directives issued and amended unilaterally by the president are known as

executive orders

Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act.

false

Each branch of the U.S. government (legislature, executive, and judiciary) has its own area of authority, and these areas do not overlap.

false

Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin and applies only to federal contractors and subcontractors.

false

In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

false

In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

false

Individuals who feel they have been discriminated against may file a complaint with the EEOC at any time after the incident.

false

Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts.

false

The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Health.

false

The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant.

false

The standard deviation rule uses the mode of the distribution to determine disparate impact.

false

Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group.

false

Which of the following statements is true of disparate treatment and disparate impact?

for there to be discrimination under disparate treatment, there has to be intentional discrimination

Which of the following rules states that an employment test has disparate impact if the hiring rate for a minority group is less than 80 percent of the hiring rate for the majority group?

four-fifths rule

Which of the following amendments is called the equal protection clause?

fourteenth amendment

The main provision of the Occupational Safety and Health Act states that each employer should furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm. This is referred to as the

general duty clause

Which of the following is a disability under the Americans with Disabilities Act?

heart disease

Which of the following is a form of sexual harassment that involves employees using offensive sexually explicit language or using sex-related jokes or innuendoes in conversations?

hostile working environment

Which of the following is true about how the Equal Employment Opportunity Commission (EEOC) responds to a claim of discrimination?

if the EEOC cannot come to an agreement with an offending employer, it can issue a "right to sue" letter to the alleged victim

Which of the following best describes the consent decree that the Equal Employment Opportunity Commission (EEOC) enters into with an organization that has been found to be discriminating?

it is an agreement between the EEOC and the organization that the organization will cease certain discriminatory practices

The _____ breaks down each job into basic elements and rates each of the elements on its potential for harm or injury.

job hazard analysis technique

The written affirmative action plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a _____.

list of action steps

In a _____ case, the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination.

mixed-motive

If a plaintiff feels that individual acts of intentional discrimination in his firm have led to a statistical disparity in the firm, and this disparity is a function of a larger culture of discrimination, which of the following lawsuits is he most likely to file?

pattern and practice

In showing class-action _____ lawsuits, the plaintiffs show some statistical disparities between the composition of some group within the company compared to some other relevant group.

pattern and practice

The _____ has the power to veto any law passed by Congress.

president of the United States

Carmen's boss terminated her employment because she did not submit to his sexual advances. Carmen is a victim of

quid pro quo harassment

Sanjay is the manager at a restaurant and offers to promote Linda, a waitress at the same restaurant, in return for sexual favors. This is an example of _____.

quid pro quo harassment

Which of the following is to an organization's efforts to make usable facilities readily accessible to individuals with disabilities?

reasonable accommodation

Section 1981 of the Civil Rights Act of 1866 granted individuals the _____.

right to enter into and enforce a contract

Section 1982 of the Civil Rights Act passed in 1886 granted all persons the _____.

same property rights as white citizens

Nikeyah has resisted advances from her male boss, who is interested in pursuing a sexual relationship with her. In addition, he has been withholding her promotions for more than a year for this reason alone. Nikeyah can sue her boss for _____.

sexual harassment

Goals and timetables in an affirmative action plan

specify the percentage of women and minorities that an employer seeks to have in each job group

Which of the following analyses uses the difference between the expected representation for minority groups and the actual representation to determine whether the difference between these two values is greater than would occur by chance?

standard deviation rule

Which of the following serves as the court of final appeal?

supreme court

The _____ is an analysis methodology that helps managers determine which specific element of a job led to a past accident.

technic of operations review

Which of the following is a part of the U.S. government's executive branch?

the president

Which of the following amendments abolished slavery in the United States?

thirteenth amendment

A job qualification based on race, sex, religion, and so on that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification.

true

Affirmative action programs are used to eliminate discrimination in the workplace and increase minority representation.

true

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted.

true

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on an individual's race, color, religion, sex, national origin, age, or disability status.

true

Having pictures of naked women posted in the workplace is actionable under Title VII of the Civil Rights Act.

true

Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on an employee's submitting to sexual advances.

true

Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens.

true

The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

true

The National Labor Relations Board (NLRB) is a quasi-judicial agency.

true

The United States president has the power to veto any law passed by Congress.

true

The job hazard analysis technique is a breakdown of each job into basic elements, each of which is rated for its potential for harm or injury.

true

The provision of the Occupational Health and Safety Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards is known as the general duty clause.

true

Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice.

true

Under disability claims, the plaintiff must show that he or she is a qualified applicant with a disability and that adverse action was taken by a covered entity.

true

A _____ compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.

utilization analysis

What is the main point of difference between reasonable accommodation and disparate treatment or disparate impact?

Reasonable accommodation differs from disparate treatment or disparate impact in that rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion.

Which legislation mandates affirmative action in the employment of individuals with disabilities?

Rehabilitation Act of 1973

Discuss the three major responsibilities of the Equal Employment Opportunity Commission.

The Equal Employment Opportunity Commission (EEOC) has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines. 1. Investigation and resolution: Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident. Once the complaint is filed, the EEOC takes responsibility for investigating the claim of discrimination. 2. Information gathering: Each year, organizations with 100 or more employees must file a report (EEO-1) with the EEOC that provides the number of women and minorities employed in nine different job categories. The EEOC analyzes these reports to identify patterns of discrimination, which can then be attacked through class-action suits. 3. Issuance of guidelines: A third responsibility of the EEOC is to issue guidelines that help employers determine when their decisions are violations of the laws enforced by the EEOC. These guidelines are not laws themselves, but the courts give great deference to them when hearing employment discrimination cases.

Saturn Inc., a large manufacturing firm, is a male-dominated organization. Julia, who works for Saturn, interacts predominantly with male employees, who frequently make sexist remarks. This is an example of

a hostile working environment

The legislative branch of the federal government

consists of the House of Representatives and the Senate

The executive branch of the federal government

consists of the president and the many regulatory agencies the president oversees

Under the Americans with Disabilities Act of 1990, what is the damage limit for a firm that employs 14 to 100 employees?

$50,000

What are the components of an affirmative action plan?

1. Utilization analysis: This compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply. 2. Goals and timetables: These specify the percentage of women and minorities that an employer seeks to have in each job group and the date by which that percentage is to be attained. 3. Action steps: This is a list of the steps that an organization will take toward attaining its goals.

Each year organizations with a minimum of _____ employees must file an EEO-1 report with the Equal Employment Opportunity Commission.

100

The Occupational Safety and Health Act requires employers to keep records of deaths, injuries, and illnesses if the employers have _____ or more full-time or part-time employees.

11

Individuals who feel they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency within _____ days of the incident.

180

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of _____.

40

After the Equal Employment Opportunity Commission (EEOC) has taken responsibility for investigating a claim of discrimination, the complainant must give the EEOC _____ days to investigate the complaint.

60

Distinguish between disparate treatment and disparate impact.

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status. If two people with the same qualifications apply for a job and the employer decides whom to hire based on one individual's race, the individual not hired is a victim of disparate treatment. Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities. A facially neutral employment practice is one that lacks obvious discriminatory intent yet affects one group to a greater extent than other groups, such as an employment test.

What are the three things that a plaintiff attempts to show in a class-action pattern and practice lawsuit?

In showing a class action pattern and practice lawsuit, a plaintiff attempts to show three things: 1. The plaintiff shows some statistical disparities between the composition of some group within the company compared to some other relevant group. 2. The plaintiff tries to show that there are individual acts of intentional discrimination that suggest that the statistical disparity is a function of the larger culture. 3. The plaintiff usually tries to make the case that the promotion and/or pay procedures leave too much discretion to managers, providing the avenue through which their unconscious biases can play a part.

Which of the following is an example of a quasi-judicial body?

National Labor Relations Board

Bloom Corp. is a firm whose employees work in an old facility; they request a government inspection to ensure that they are not exposed to any hazardous materials while working in the facility. Which of the following acts gives them the right to do so?

Occupational Safety and Health Act

Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, and national origin, is enforced by the

Office of Federal Contract Compliance Programs

Which of the following agencies or institutions is responsible for enforcing the executive orders that cover companies doing business with the federal government?

Office of Federal Contract Compliance Programs

Define the four-fifths rule and the standard deviation rule.

The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (80 percent) of the hiring rate for the majority group. The standard deviation rule uses actual probability distributions to determine adverse impact. This analysis uses the difference between the expected representation (or hiring rates) for minority groups and the actual representation (or hiring rate) to determine whether the difference between these two values is greater than would occur by chance.

Discuss the roles and responsibilities of the legislative branch, the executive branch, and the judicial branch.

The legislative branch: This branch of the federal government consists of the House of Representatives and the Senate. These bodies develop and pass laws that govern many human resource management activities. Most of the laws stem from a perceived societal need. The executive branch: The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. Although the legislative branch passes the laws, the executive branch affects these laws in many ways. The president: The president (1) can propose bills to Congress that, if passed, would become laws, (2) has the power to veto laws passed by Congress, (3) through the control of regulatory agencies within his or her authority, can influence what types of violations are pursued, (4) can issue executive orders, and (5) appoints all the judges in the federal judicial system, subject to the approval of the legislative branch. The judicial branch: This branch consists of the federal court system, which is made up of three levels: (1) U.S. district courts and quasi-judicial administrative agencies, (2) U.S. courts of appeals, and (3) the U.S. Supreme Court. The judicial branch interprets and enforces the laws.

Discuss the three primary components of a safety awareness program.

The three primary components of a safety awareness program are identifying and communicating hazards, reinforcing safe practices, and promoting safety internationally. 1. Identifying and communicating job hazards: Employees, supervisors, and other knowledgeable sources need to discuss potential problems related to safety. The job hazard analysis technique is one means of accomplishing this. Another means of isolating unsafe job elements is to study past accidents. The technic of operations review (TOR) is an analysis methodology that helps managers determine which specific element of a job led to a past accident. Communication of an employee's risk should take advantage of several media. Direct verbal supervisory contact is important for its saliency and immediacy. Written memos are important because they help establish a "paper trail" that can later document a history of concern regarding the job hazard. Posters, especially those placed near the hazard, serve as a constant reminder, reinforcing other messages. 2. Reinforcing safe practices: A common technique for reinforcing safe practices is implementing a safety incentive program to reward workers for their support of and commitment to safety goals. Initially, programs are set up to focus on improving short-term monthly or quarterly goals or to encourage safety suggestions. These short-term goals are later expanded to include more wide-ranging, long-term goals. Prizes are typically distributed in highly public forums (such as annual meetings or events). These prizes usually consist of merchandise rather than cash because merchandise represents a lasting symbol of achievement. 3. Promoting safety internationally: Given the increasing focus on international management, organizations also need to consider how to best ensure the safety of people regardless of the nation in which they operate. Cultural differences make this more difficult than it seems.

Which of the following acts states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice?

Title VII of the Civil Rights Act of 1964

Which of the following states that it is illegal for an employer to refuse to hire an individual or otherwise discriminate against this individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin?

Title VII of the Civil Rights Act of 1964

What are some of the important steps that an organization can follow to ensure a workplace free from sexual harassment?

To ensure a workplace free from sexual harassment, an organization can follow some important steps: 1. It can develop a policy statement that makes it very clear that sexual harassment will not be tolerated. 2. It can train all employees to identify inappropriate workplace behavior. 3. It can develop a mechanism for reporting incidents of harassment. 4. Its management can prepare to take prompt disciplinary action with those who commit sexual harassment as well as appropriate action to protect the victims of sexual harassment.

The _____ is a set of guidelines on the ways an organization should develop and administer recruitment systems so as not to violate Title VII.

Uniform Guidelines on Employee Selection Procedures

Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following statements would both negate Jason's case and support Virgo's case?

Virgo deals in building equipment that requires a certified welder and Jason is not a certified welder

Which congressional legislation requires contractors and subcontractors that receive more than $2,500 annually from the federal government to engage in affirmative action for individuals with disabilities?

Vocational Rehabilitation Act

Executive Order 11478 requires the federal government to

base all its employment policies on merit and fitness

The director of a movie auditions only white males to play the role of Abraham Lincoln in a biographical film on Lincoln's life. This is an example of

bona fide occupational qualification

According to the Civil Rights Act of 1991, once the plaintiff has made a prima facie disparate impact case, the _____.

burden of proof shifts to the defendant

Which of the following is the Office of Federal Contract Compliance Programs' most potent weapon and its last penalty?

debarment

The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the _____.

department of labor