Employment Law Unit 8
AA regulations require that federal contracts worth over $50,000 must prepare a written AA plan within ______ days of the contract start date. 150 90 120 60
120
The Rehabilitation Act of 1973 requires that contractors, including subcontractors, with _______ or more employees and contracts valued at ________ or more must take "affirmative action to employ qualified individuals with disabilities. 50 : $50,000 50 : $10,000 10 : $10,000 15 : $15,000
50 : $50,000
Which of the following is not a historically disadvantaged group? Women Caucasians Pacific islanders Veterans
Caucasians
Which of the following does AA prohibit? Preferences Placement goals Preferences and placement goals Quotas
Quotas
T/F Without having to file lawsuits, the federal government may suspend or cancel contracts with contractors that are not in compliance with (AA) or debar them from bidding on future government contracts.
True
Executive Order 11246 requires that any federal contract for services with a value over __________ must include the standard nondiscrimination clause. $50,000 $10,000 $15,000 $5,000
$10,000
OFCCP regulations require that for contracts over $________, the contractor must prepare a written AA plan within 120 days of the contract start date. $75,000 $10,000 $100,000 $50,000
$50,000
Amendments to The Vietnam Era Veteran Readjustment Assistance Act of 1974 require that federal contracts entered into after 1 December, ______, and worth more than _____________ require contractors and subcontractors to undertake AA for specified categories of veterans. 1995 : $50,000 2000 : $10,000 2003: $50,000 2003 : $100,000
2003: $100,000
What is an Affirmative Action plan? A government contractor's formal plan to build offices in more ethnically diverse locations around the United States A plan to have the same number of minorities in the workplace as Caucasian males A government contractor's formal plan establishing employment placement goals and timetables for hiring more women and minorities An informal plan set about in a working environment to encourage people to accept diversity and differences in the workplace
A government contractor's formal plan establishing employment placement goals and timetables for hiring more women and minorities
What was President Nixon's Philadelphia Plan? A plan to ensure all protected classes had equal opportunities for advanced or higher education A plan requiring contractors to establish specific goals and timetables for correcting imbalances in employment practices A plan to first attempt to create workplace equality starting only in the city of Philadelphia A plan that gave contractors guidelines to establish workplace equality, but didn't require specific goals or timetables
A plan requiring contractors to establish specific goals and timetables for correcting imbalances in employment practices
What is a "reasonable self-analysis" as it pertains to an AA plan? An analysis of how many new employees will need to be hired in the coming fiscal year A review of what the contractor's workforce looks like A review of individual employees' self-esteem A review of every single employee's perceptions of equality in the workplace
A review of what the contractor's workforce looks like
Which of the following is not included as a protected group in a federal contractor's mandatory nondiscrimination clause? Religion Sex Affinity orientation Color
Affinity orientation
President Kennedy in 1961 introduced the term ___________ for the concept of redressing the effects of persistent discriminatory employment practices in spite of civil rights laws and constitutional guarantees. Affirmative Action Racial Inequalities Employment prejudice Racial discrimination
Affirmative Action
_______ includes an emphasis on recruiting or promoting qualified individuals from a class that may have been or is underrepresented. OFCCP Reverse discrimination Affirmative action Reasonable action
Affirmative action
What is Judicial Affirmative Action? Affirmative action applied to federal contractors Affirmative action set in place to ensure the judicial system has enough ethnic diversity Affirmative action applied to private parties in discrimination lawsuits Affirmative action applied to government offices
Affirmative action applied to private parties in discrimination lawsuits
What steps can the Department of Labor take against contractors that don't follow Affirmative Action guidelines? Cancel contracts Debar a contractor from bidding on future contracts Ask the attorney general to seek equitable relief All of the above
All of the above
Which of the following is a basic AA plan requirement? Reasonable-self analysis Reasonable rationale for taking corrective action Reasonable action All of the Above
All of the above
What is Affirmative Action? Action taken to insure that all protected classes can use the same public facilities as non-protected classes. Any action taken by an employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity Any action taken by an employee and employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity Any action taken by the government to ensure that all racial groups have the same employment rate across all industries regardless of training or qualifications
Any action taken by an employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity
President Johnson issued Executive Order 11246, which required that _________ have a nondiscrimination clause in contracts and abide by its terms. Contractors and subcontractors working with the federal government Contractors and subcontractors working for private businesses Both public and private contractors and subcontractors Only federal contractors receiving over $100,000 in payments from federal monies
Contractors and subcontractors working with the federal government
The phrase "reverse discrimination" is a misnomer because: It is a descriptive synonym It describes exactly what it is It's a term people use but don't understand Discrimination is discrimination when it is directed at anyone
Discrimination is discrimination when it is directed at anyone
The duty to comply with imposed AA plans: Evaporates once the problem has been addressed Applies for one year from the sentencing date Cannot be removed from a company once it is set in place Lasts until a federal judge has seen at least five years of compliance
Evaporates once the problem has been addressed
T/F Affirmative action applies to the majority of the workforce.
False
What is a job group analysis? Grouping jobs based on the greatest amount of minority disparate treatment Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group Grouping minorities and seeing which jobs most commonly support the groups and searching to understand why only these jobs are being filled Grouping jobs based on how important they are to the continued operations of the business and deciding which positions can be eliminated
Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group
What action did the courts take in the Sheet metal workers v. EEOC case? Required the leadership of the sheet metal workers union be fired based on its discriminatory behavior Imposed an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent nonwhite membership in the union Imposed an AA plan in which 50 percent of nonwhite workers obtain membership while excluding new white memberships until a corrective balance has been made Banned the formal metal workers union because of discrimination
Imposed an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent nonwhite membership in the union
What did Executive Order 8802, issued by President Franklin D. Roosevelt, entail? It declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy. It banned segregated public facilities such as restrooms and eating areas. It called for all able Caucasian males between the ages of 18 and 35 to enlist and protect the country during World War II. It called for equality for protected classes in the workforce to ensure that all people would be able to prosper in the recovery of the Great Depression.
It declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy.
In a private lawsuit, one of the remedies a court may impose to correct imbalances in hiring practices is known as: Forced affirmative action Coerced affirmative action Judicial affirmative action Executive affirmative action
Judicial affirmative action
Regulation of Affirmative Action is overseen by: AACP VEVRAA EEOC OFCCP
OFCCP
What are the two main approaches to preparing an organizational profile? Organizational analysis or standard structured chart Organizational display or workforce analysis Flow charts or system of deliverables System of deliverables or workforce analysis
Organizational display or workforce analysis
Affirmative action may be used to remedy _________ and not to maintain _________. Inefficiency : discrimination Discrimination : inefficiency Past imbalances : the status quo The status quo : past imbalances
Past imbalances : the status quo
Which of the following are approved methods for utilizing affirmative action plans? Reserved positions for those who are less qualified Placement goals for underrepresented classes Reserved positions for protected classes Quotas for hiring protected classes
Placement goals for underrepresented classes
Which of the following is not a basic requirement of an AA plan? Reasonable action Reasonable rationale for taking corrective action Reasonable self-analysis Reasonable amount of time before taking action
Reasonable amount of time before taking action
The adoption of a voluntary affirmative action plan must be supported by a(n): Executive court order to do so Reasonable self-analysis Majority of the company investors Legitimate fear of discriminatory practices
Reasonable self-analysis
If a federal contractor is not following AA regulations, the Department of Labor can do all of the following except: Cancel the contract Debar contractors from bidding on future contracts Publish the names of offending contractors Require a certain number of minorities be hired by a certain date
Require a certain number of minorities be hired by a certain date
If a contractor determines underutilization is occurring, it must: Take a reasonable action to remedy the imbalance Report the finding to the OFCCP immediately Report the finding to the EEOC immediately Fire majority employees until the balance has been brought back
Take a reasonable action to remedy the imbalance
The Rehabilitation Act of 1973 requires federal contractors and subcontractors to: Hire non-English speaking employees regardless of language barriers Hire women at the same rate as men Take affirmative action to employ qualified individuals with disabilities Improve the environment to the extent of damages caused by the manufacturing process
Take affirmative action to employ qualified individuals with disabilities
In the Regents of the University of California v. Bakke (Bakke) case, a white medical school applicant challenged the University of California at Davis' policy of setting aside 16% of admission spots for "disadvantaged" minority applicants who could also compete in the standard applicant pool. Mr. Bakke was qualified to be admitted, and argued that the strict 16% standard was an impermissible quota and unfair. Which of the following is correct? The Supreme Court held that because the set aside pool of minority applicants was under 20%, it was not enough to be a discriminatory portion. The Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants. The Supreme Court held that Bakke did not have a case because the University of California was a private institution, thus it did not have to abide by the stringent rules public universities had to. The Supreme Court held that the AA methods were legal and that Mr. Bakke did not have a viable case.
The Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants.
On March 6, 1961, Kennedy signed Executive Order 10925, which mandated that managers of federally-funded projects "take affirmative action" to eliminate bias in employment practices. Which of the following statements is true? This took the effort to eliminate employment discrimination from the passive to the active. This took the effort to eliminate employment discrimination from the active to the passive. This put the burden of proof of discrimination on the employee or potential employee being discriminated against. This took the effort to eliminate employment discrimination from the employer to the employee.
This took the effort to eliminate employment discrimination from the passive to the active.
T/F An employer is entitled to set a preference for a particular race or gender where there is a serious imbalance or a long history of bias.
True
T/F There is no precise method for determining underutilization.
True
T/F While Title VII also applies to federal government contractors, AA provides for sanctions and enforcement by way of administrative action - which Title VII does not do
True
___________ is the discrepancy between women and minorities in a particular position as a function of how many qualified women and minorities exist in the constituent market. Underutilization Disparate treatment Overutilization Disparate impact
Underutilization
What is reverse discrimination? Opening doors for all types of people instead of limiting or excluding certain protected classes When a workplace seems to be in perfect harmony with little to no discrimination complaints When an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another Overtreating a minority group in a working situation until its members feel uncomfortable
When an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another
Best practices indicate that a large private employer should adopt a: voluntary affirmative action plan alternative action plan go green initiative plan political affiliation plan
voluntary affirmative action plan
T/F The Office of Federal Contract Compliance Programs (OFCCP) may not perform audits on contractors unless a discrimination claim is made.
False
