Business Law Test 2: 2.0

Which of the following is NOT true of affirmative action? A) It is used where there is a finding of discrimination or a demonstrated underrepresentation. B) It is a punishment for failing to be inclusive. C) It is a remedy for present-day employment discrimination. D) It considers the past only as a way to understand if present-day vestiges remain

B) It is a punishment for failing to be inclusive.

The Supreme Court first dealt with affirmative action in Regents of the University of California vs. Bakke, and this led to questions including all of the following except: A) Are voluntary workplace affirmative action plans permitted, or only those required by the court or pursuant to E.O. 11246? B) Is the analysis equally applicable in a workplace rather than a university admissions program? C) Is it appropriate to set aside a certain number of places for the disadvantaged group? D) Does a similar analysis apply if the plan involves private rather than state action?

C) Is it appropriate to set aside a certain number of places for the disadvantaged group?

As a part of an OFCCP audit, a contractor must demonstrate: A) removed any identified barriers to equal employment opportunity. B) expanded employment opportunities for underrepresented applicants. C) produced measurable results. D) All of the answers are correct.

D) All of the answers are correct.

A corporate management compliance evaluation is: A) used by courts to determine if federal contractors have implemented an appropriate affirmative action plan. B) conducted by the Equal Employment Opportunity Commission to determine if reverse discrimination has occurred. C) applied by courts to determine whether the affirmative action plan is a viable means of addressing workforce inequities. D) designed to determine whether employees encounter artificial barriers to advancement to mid- and senior-level corporate management.

D) designed to determine whether employees encounter artificial barriers to advancement to mid- and senior-level corporate management.

Affirmative action applies to all employers, public or private

False

Affirmative action is a present-day remedy for discrimination that occurred in the past.

False

Placement goals must be treated as a ceiling or floor for employing certain groups.

False

Misconceptions about affirmative action include all of the following except: A) An employee hired under an affirmative action plan should be qualified for the job. B) Workplace productivity suffers under affirmative action. C) An employer should avoid hiring a white male applicant if there are less qualified females or minorities already on staff. D) Employers must remove qualified whites and males from their jobs to make way for female and minority candidates

A) An employee hired under an affirmative action plan should be qualified for the job.

Which of the following is an example of micro-aggression by a majority member against the minority in the workplace? A) Avoiding eye contact with minority or female employees B) Expecting minority or females employees to perform like others C) Subjecting minority or female applicants to the same pre-employment tests as those from the majority D) Failing to adjust the scores of minority or female applicants in pre-employment tests

A) Avoiding eye contact with minority or female employees

The OFCCP view of affirmative action is best represented in which of the following statements? A) It is a powerful management tool creating a positive correlation between the presence of affirmative action and the absence of discrimination. B) Affirmative action only works where the employer makes decisions based solely on gender or ethnicity and not based on qualifications. C) Affirmative action is a paperwork exercise. D) Affirmative action is done as a way to comply with OFCCP regulations, as opposed to a regular part of the effective management of the business.

A) It is a powerful management tool creating a positive correlation between the presence of affirmative action and the absence of discrimination.

________ involves comparing the percentage of minorities and the percentage of women employed in each job category to the availability of minorities and/or women for these job categories. A) Job group analysis B) Job scoping C) Job evaluation D) Job broadbanding

A) Job group analysis

The United College of Arts (UCA) became aware of the underrepresentation of Native Americans in its workforce. It shortlisted a number of steps to increase the percentage of Native Americans in its workforce. Which of the following steps, if adopted, is likely to ensure maximum results? A) Recruit at community events near or on Native American reservations and from nearby colleges B) Rate all applicants on a 100-point scale and give Native American applicants 20 additional points based on their national origin C) Designate specific positions that must be filled only by Native Americans based on a quota system D) Replace qualified employees from other groups with equally qualified Native American employees

A) Recruit at community events near or on Native American reservations and from nearby colleges

As part of an effective Title VII affirmative action plan an employer must do all of the following except: A) meet a strict numbers quota in its hiring and firing process B) evaluate the impact of compensation systems on women and minorities C) institutionalize the commitment to equality in every step of the employment process D) evaluate the impact of employment decisions on women and minorities

A) meet a strict numbers quota in its hiring and firing process

Penalties for noncompliance include all of the following except: A) require only minority or female hiring, promotions, etc. until the workforce is more balanced. B) canceling, terminating or suspending any remaining portion of it C) publishing names of noncompliant contractors. D) recommend that the Department of Justice pursue criminal charges against the contractor.

A) require only minority or female hiring, promotions, etc. until the workforce is more balanced.

The courts impose judicial affirmative action when: A) the court finds that an affirmative action plan is the appropriate means of addressing workplace discrimination in violation of Title VII of the Civil Rights Act of 1964. B) the federal contractor satisfies it's requirement to comply with Executive Order 11246. C) a voluntary affirmative action plan results in reverse discrimination. D) an employee files a discrimination claim with the OFCCP.

A) the court finds that an affirmative action plan is the appropriate means of addressing workplace discrimination in violation of Title VII of the Civil Rights Act of 1964.

Nurses at the City Safe Hospital must successfully pass a professionally developed and validated test to be promoted in their jobs. Recently, the hospital discovered that AfricanAmerican and Hispanic nurses taking the test scored significantly lower than white nurses, and none qualified for promotion. Therefore, based on: A) Ricci v. DeStefano, the City Safe Hospital should adjust the scores of African-American and Hispanic nurses to eliminate any imbalances. B) Ricci v. DeStefano, the City Safe Hospital should use the test scores in making promotions to avoid discrimination against white nurses. C) Ricci v. DeStefano, the City Safe Hospital should ignore the test scores in making promotions to avoid discrimination against the African-American and Hispanic nurses. D) Ricci v. DeStefano, the City Safe Hospital should develop a different test for white nurses.

B) Ricci v. DeStefano, the City Safe Hospital should use the test scores in making promotions to avoid discrimination against white nurses

The ________ Amendment to the United States Constitution abolished slavery in 1865. A) Fourth B) Thirteenth C) Fourteenth D) Twenty-Firs

B) Thirteenth

Which of the following statements is true of affirmative action? A) Affirmative action requires employers to remove qualified whites and males from their jobs and give these jobs to minorities. B) Workplace productivity and efficiency do not suffer under affirmative action plans. C) Under affirmative action, an applicant can simply be a female or a minority to be placed in a job. D) Minorities and females cannot be terminated from their jobs for any cause under affirmative action plans.

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

Affirmative action obligations arise in the workplace through all of the following except: A) a voluntary affirmative action plan established by the employer B) a mandate from the workforce C) through Executive Order 11246 D) as a judicial remedy for a finding of discrimination under Title VII

B) a mandate from the workforce

One of the commonly held myths about affirmative action is that it is: A) an effort to overcome the effects of past or present discriminatory practices. B) an entitlement program that provides unqualified women or minorities with jobs. C) an initiative against discrimination that does not affect workplace productivity and efficiency. D) a remedy and not a punishment for discrimination

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

While implementing an affirmative action plan, an employer is expected to do all of the following except: A) establish objectives that can be met by applying good faith efforts. B) set quotas for the underrepresented groups, and ensure they are met even if it is necessary to hire a less qualified candidate. C) make all employment decisions in a nondiscriminatory manner. D) ensure that hiring objectives do not establish a floor or a ceiling for employment of certain groups.

B) set quotas for the underrepresented groups, and ensure they are met even if it is necessary to hire a less qualified candidate.

The court cases dealing with affirmative action demonstrate that: A) there are specific requirements for judicial affirmative action plans. B) there is no specific mandate or requirement on what a judicial affirmative action plan looks like. C) despite years of hard work, workplace disparities still exist. D) affirmative action is a remedy for discrimination that is found to exist, not a punishment for past action or inaction

B) there is no specific mandate or requirement on what a judicial affirmative action plan looks like.

The number of women employees at ThinkOne Systems Inc. is significantly lower than what statistics indicate about the availability of qualified women employees in the relevant labor pool. This is referred to as ________. A) devaluation B) underutilization C) reverse discrimination D) positive displacement

B) underutilization

Which of the following is true of Executive Order 11246? A) It is enforced by an arm of the Department of Health and Human Services. B) It applies to federal contractors and all employers with more than 50 employees. C) Affirmative action is one of its remedies. D) It mandates that the government file a private discrimination lawsuit on behalf of an employee who is discriminated again.st

C) Affirmative action is one of its remedies.

The Apex Community Hospital has contracts with the United States Department of Veterans Affairs (VA) to provide health care for veterans. The Office of Federal Contract Compliance Programs (OFCCP) found that the hospital misrepresented the results of its affirmative action plan. Which of the following actions is the Secretary of Labor most likely to take against the Apex Community Hospital? A) Replace the hospital's current employees with only minorities and women B) Ask the hospital to introduce permanent employment quotas to correct underrepresentation C) Ask the Department of Justice to initiate criminal proceedings against the hospital D) File a lawsuit against the hospital under 42 U.S.C. Section 1983

C) Ask the Department of Justice to initiate criminal proceedings against the hospital

White Swan Motors' practice of hiring only applicants recommended by its employees has been found to have an adverse impact on nonwhite applicants. White Swan plans to implement a voluntary affirmative action plan. Which of the following would be an effective practice under the voluntary affirmative action plan? A) Removing qualified whites from their jobs and giving these jobs to minorities regardless of their qualifications B) Hiring an employee simply because he or she belongs to a protected class C) Eliminating unvalidated recruitment practices and selection criteria D) Fixing permanent racial quotas to reduce racial imbalance

C) Eliminating unvalidated recruitment practices and selection criteria

Actions an employer can take to work toward inclusion of those historically underrepresented in the workplace include all of the following except: A) Mentoring, management training and other development B) Hiring and training groups that have been underrepresented C) Hiring individuals from underrepresented groups, even if not fully qualified D) Recruiting from groups the employer hasn't previously made an attempt to recruit from

C) Hiring individuals from underrepresented groups, even if not fully qualified

Laketown System Corp., a federal contractor, chooses not to comply with the affirmative action plan established to increase the representation of women and minorities within its workplace. Which of the following is an implication of noncompliance? A) Laketown System Corp. cannot be subject to any action for noncompliance as it is a federal contractor. B) Laketown System Corp. cannot be subject to any action for noncompliance as it is not a voluntary affirmative action plan. C) Laketown System Corp. can be debarred from further participation in government contracts for noncompliance. D) Laketown System Corp. can be prohibited from adopting affirmative action plans in the future for noncompliance.

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

Green Oval Electronics employs approximately 2,700 employees. During a recent workforce survey, it was found that 97 percent of the company's managers are white, although only 62 percent of the company's entire workforce is white. The company decided to implement a voluntary affirmative action plan that would reserve 25 percent of the openings in a managerial development program for blacks and other minorities, only until the percentage of minority employees working as supervisors was representative of the percentage of available minorities in the local labor force. Which of the following holds true in this scenario? A) This affirmative action plan is illegal because under Executive Order 11246, only a 10 percent quota is permitted. B) This affirmative action plan is illegal because it discriminates against white employees. C) This affirmative action plan is legal because it is temporary and does not unnecessarily infringe on the rights of white employees. D) This affirmative action plan is legal because Title VII of the Civil Rights Act of 1964 mandates employers to protect the interests of minorities and women by setting employment quotas.

C) This affirmative action plan is legal because it is temporary and does not unnecessarily infringe on the rights of white employees.

Which of the following groups have made the most gains under affirmative action? A) African-American men B) Disabled employees C) White women D) Asian employees

C) White women

Reverse discrimination is: A) a claim brought by a woman in the workplace who feels she is a member of a protected class. B) a claim brought by a majority member who feels he or she is a member of a protected class. C) a claim brought by a majority member who feels he or she has been adversely affected by the use of an affirmative action plan. D) a claim brought by a member of a protected class who feels he or she is underrepresented in the workplace

C) a claim brought by a majority member who feels he or she has been adversely affected by the use of an affirmative action plan.

An affirmative action plan under E.O. 11246: A) is developed without input or consent of the employer. B) interferes with the effective management of the business by mandating the hire of unqualified, inexperienced employees. C) is a management tool—integral to conducting business. D) prohibits termination of women or minorities, even if they cannot effectively perform the necessary elements of their job.

C) is a management tool—integral to conducting business

Federal contractors/employers that provide more than $10,000 in goods or services to the federal government must agree to do all of the following except: A) permit the Secretary of Labor to access books, records and accounts to determine compliance with E.O. 11246 B) furnish information and reports required by E.O. 21246 its implementing regulations C) permit the contracting federal agency to access to books, records and accounts to investigate and determine compliance with E.O. 11246 D) permit employees to access to books, records and accounts to determine compliance with E.O. 11246

C) permit the contracting federal agency to access to books, records and accounts to investigate and determine compliance with E.O. 11246

Riverhill University, on conducting a self-audit, identifies a racial imbalance in its workforce where 85 percent of its department chairs and deans are white men. The university voluntarily institutes a short-term plan that mandates that future selections for department chairs and deans will be on a one-for-one basis until an appropriate ratio is achieved. Paul, a white male professor from the same university, applies for the position of a dean and gets rejected. He subsequently discovers that an equally qualified black female is selected for the position. In this scenario, Paul: A) does not have a valid discrimination claim because suits based on reverse discrimination are barred by Title VII of the Civil Rights Act of 1964. B) has a valid claim because Executive Order 11246 prohibits voluntary race-conscious affirmative action plans. C) has an acceptable claim because the affirmative action plan unnecessarily trammels the rights of white employees. D) does not have a valid claim because temporary plans to eliminate existing imbalances are permitted based on the United Steelworkers of America, AFL-CIO v. Weber case.

D) does not have a valid claim because temporary plans to eliminate existing imbalances are permitted based on the United Steelworkers of America, AFL-CIO v. Weber case

Derek, an employee at Ferns Tech Inc., filed a lawsuit against his employer. He claimed that after the introduction of an affirmative action plan at the workplace, his employer mostly promoted female employees, even if they were less qualified for the job. This may be an example of ________. A) social loafing B) positive displacement C) stereotyping D) reverse discrimination

D) reverse discrimination

Accepting and appreciating those who are different from the majority, and respecting their contributions to the workplace is known as: A) eliminating diversity. B) mainstream prejudice. C) accepting inclusion. D) valuing diversity.

D) valuing diversity.

Affirmative action is designed to remedy past discrimination based on race or gender through punishment.

False

Affirmative action mandates hiring of underrepresented groups, regardless of their qualification for the job.

False

An organizational profile combines job titles in the federal contractor's workplace that have similar content, wage rates, and opportunities. It includes the percentage of minorities and the percentage of women employed in each job area, and then compares the availability of women or minorities for the job groups.

False

Quotas are a necessary part of any affirmative action plan

False

The quantitative part of an affirmative action plan sets out a course of action for how to address any underrepresentation, underutilization, or other problems found in a federal contractor's workplace.

False

Culture encompasses more than just ethnicity. It include other factors such as gender, age, disability, affinity orientation, etc. that affect and define an individual's life.

True

Valuing diversity means being sensitive to and appreciative of differences among groups, and using those differences as a positive force to increase productivity and efficiency.

True

The Mississippi Sovereignty Commission was designed to protect the sovereignty of the State of Mississippi and her sister states from federal government interference.

True

Title VII is designed to protect everyone, even though its operation may make certain whites or males feel discriminated against

True