Employment Law Chapter 5: Affirmative Action

Arrange the actions that the federal contractors must perform as a part of an action program to withstand an Office of Federal Contract Compliance Program audit in the correct order of occurrence.

1.) develop and implement internal auditing systems that periodically measure the effectiveness of their affirmative action plans. 2.) Require internal reporting on a scheduled basis as to the degree in which equal employment opportunity and organizational objectives are attained. 3.) Review and report results with all levels of management 4.) Advice top management of the program's effectiveness and submit recommendations for improvement

Reverse discrimination accounts for about __ of the charges filed with the Equal Employment Opportunity Commission, and most of those claims result in no-cause findings.

3 percent

A government contractor's plan containing placement goals for inclusion of women, minorities, veterans, and disabled individuals in the workplace, and timetables for accomplishing goals is know as a(n) __ plan.

Affirmative action

Diversity, equity, and inclusion is aimed at realizing the competitive advantage and business opportunity created by a workplace geared to __.

Attract the best talent.

The __ prohibits discrimination on the basis of race, color, gender, religion, and national origin in employment, education, receipt of federal funds, and public accommodations.

Civil Rights Act of 1964

__ refers to evaluation of mid- and senior-level employee advancement for artificial barriers to advancement.

Corporate management compliance evaluation

Identify the scenarios that exhibit micro aggression in a workplace.

Delia, being the only woman in her team, finds out her teammates often go out for drinks and lunch without inviting her. Deshawn's ideas are often rejected by his white male colleagues, but the same ideas are welcomed when they came from someone in the majority.

The newest version of how to address the issue of making workplaces more inclusive for everyone is which of the following?

Diversity, Equity, and Inclusion.

Section 342 of the __ required the establishment of an Office of Minority and Women Inclusion in each of the five agencies responsible for enforcement under the statute within six months of the law's enactment.

Dodd-Frank Wall Street Reform and Consumer Protection of 2010

Which of the following actions can an employer take to include those historically underrepresented in the workplace?

Expanded outreach to groups the employer has not generally made an effort to reach.

True or False: A job group analysis in an organization must include the percentage of men and majority-group members employed in each group.

False

True or False: Enforcement of Executive Order 11246 by the Office of Federal Contract Compliance Programs include provisions for private lawsuits by employees and penalties for noncompliance by a contractor.

False

True or False: When minority employees experience micro-aggression from majority employees in a workplace on a continuing basis, it sends across a very strong message of inclusion and friendliness over time.

False.

Which of the following are required not to discriminate against employees on the basis of race, color, religion, gender identify, veteran status, disabilities, or national origin by Executive Order 11246?

Federal contractors

According to the Section 706(g) of Title VII of the Civil Rights Act of 1964, which of the following affirmative action practices can the court order if a contractor has intentionally engaged in an unlawful employment practice charged in a complaint?

Hiring or reinstatement of employees

Identify the actions that employees take to value diversity and ensure to, once employees are hired, maximize the opportunity.

Including diverse actors in advertising and commercials. Organizing workplace affinity groups for minority employees.

Identify a true statement about valuing diversity in a workplace.

It helps employees learn to better deal with differences in the workplace.

Identify the true statements about affirmative action.

It involves employers bringing minorities into a workplace from which it has been determined that they are excluded. It prevents the vestiges of discrimination from reflecting in employment practices.

Identify the true statements about Executive Order 11246 with reference to affirmative action.

It is a presidential executive order and thus could legally be take away by a sitting president. Affirmative action stems from a requirement imposed by Executive Order 11246 and its amendments.

Which of the following statements about corporate management compliance evaluations is correct?

It is designed to combat the glass ceiling in employee advancement.

Which of the following statements about corporate management compliance evaluations is correct?

It is destined to combat the glass ceiling in employee advancement.

In which of the following cases was a voluntary affirmative action plan based on gender approved?

Johnson v. Transportation Agency, Santa Clara County, California

Which of the following terms describes a statement or action that is indirect, subtle, or unintentional discrimination against a minority employee?

Microagression

Which of the following actions could be considered microagression by majority employees toward minority employees in a workplace?

Not making eye contact with minority employees.

The percentage of women and/or minorities to be hired to correct under representation in a federal contractor's organization, based on their availability in the geographic area, is referred to as a(n) __.

Placement goal

Identify the penalties imposed on federal contractors for noncompliance with Executive Order 11246 by the secretary of labor or the appropriate contracting agency.

Publishing the names of the nonconforming contractors. Requesting that the attorney general bring suit to enforce the executive order in cases of violations.

The claim brought by a majority member who feels adversely affected by the use of an employer's affirmative action plan is known as __.

Reverse discrimination

Identify an action that employers can take to ensure that their employees value diversity in the workplace.

Sponsoring workplace programs to sensitize their employees to differences among individuals in the workplace.

Identify the true statements about racism in U.S History.

The Jim Crow laws kept blacks in very much the same position they had been in during slavery. Shortly after the Thirteenth Amendment to the Constitution, Slave Codes were replaced by Black Codes.

Executive Order 11246 is enforced by the __.

The OFCCP of the US Department of Labor

Which of the following must be agreed to by the contractors performing a contract under Section 202 of Executive Order 11246.

The contractor will not discriminate against any applicant for employment because of color, religion, race, or national origin. The contractor will take affirmative action to ensure that the applicant or employee is employed without regard to race.

Identify the components of a job group analysis.

The percentage of minorities in each job group. The percentage of women in each job group. A list of the job titles for each job group.

Identify the true statements about the aspects of an affirmative action plan.

The quantitative part of the plan examined the contractor's workplace to get a picture of the existing minority representation. The qualitative aspect of the plan sets out a course of action for how to address any underrepresented or underutilization.

Identify a true statement about placement goals established by a federal contractor.

They are designed to measure progress toward achieving equal employment opportunity.

Which of the following statements about organizational profiles is correct?

They are one method contractors use to determine whether barriers to equal employment opportunity exist in their organization.

Identify the measures federal contractors must take to withstand an Office of Federal Contract Compliance Program (OFCCP) audit.

They must expand employment opportunities. They must show that they have made good faith efforts to remove any identified barriers to equal employment opportunity.

John, the chief executive officer (CEO) of a firm, wants to promote a culture that values diversity in his firm. To achieve this goal, which of the following actions should John take?

Tie performance reviews of managers to their measurable support for diversity and inclusion

As a penalty for noncompliance with Executive Order 11246, the secretary of labor can recommend to the Department of Justice that proceedings against a federal contractor be instituted under __ of the Civil Rights Act.

Title VII

When a court orders affirmative action as a means of remedying a proven violation of __ of the Civil Rights Act, it is known as judicial affirmative action.

Title VII

True or False: According to the Code of Federal Regulations part 60-2, an affirmative action plan should be considered an integral part of the way a corporation conducts its business.

True

True or False: Availability is important to establish a benchmark against which the demographic composition of a contractor's employees can be compared to determine whether barriers to equal employment opportunity may exist within particular job groups.

True

True or False: In the case of Wyandotte v. Jackson Board of Education, the U.S Supreme Court stated that the acceptance of voluntary affirmative action in private employment also applied to public employment.

True

True or False: Training, hiring, and other attempts to bring into the workplace groups that have historically been left out of the employment process are actions an employer can take to include those who are historically underrepresented in the workplace.

True

__ refers to the situation where they are significantly fewer minorities or women in the workplace than relevant statistics indicate are available.

Underutilization

An employer decides to institute an affirmative action plan on her or his own, regardless of whether the employer is required to do so under Executive Order 11246, and despite the fact that no one has brought a Title VII case. This is called __.

Voluntary affirmative action.

The __ allowed African Americans to vote for the first time since Reconstruction.

Voting Rights Act of 1965

Identify a situation in which a federal contractor is debarred from further participation in government contracts by Executive Order 11246.

When the contractor refuses to remedy under-representations of women and minorities in his or her workplace.

__ involves the intentional inclusion of qualified women and minorities in the workplace by employers to redress previous exclusion and/or to address existing discrimination.

affirmative action

The term used to indicate minorities and women in a geographic area who are qualified for a particular position is called

availability

Employers generally engage in voluntary affirmative action as a proactive measure to __.

avoid discrimination claims after making a determination that there is an underrepresentation of minorities and women in the workplace

In addition to agency rules and regulations, __ have played an important role in shaping the concept of judicial affirmative action.

courts

Prohibiting a federal contractor from further participation in government contracts is referred to as

debarring

A(n) __ shows staffing patterns within a workplace, showing each of the organizational units; their relationship to one another; and the gender, race, and ethnic composition of each unit.

organizational profile

The __ amendment to the Constitution abolished slavery in 1865.

thirteenth