HRM Chapter Two Quiz Questions

According to the Equal Pay Act, management must pay workers the same under all circumstances. True or False

False

What are the two types of sexual harassment?

Quid pro quo and hostile environment.

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 for the position in question? A) the plaintiff B) the defense attorney C) the employer D) the EEOC office

The employer

Diversity programs can lead to increases in business. True or False

True

Liability in sexual harassment lawsuits can be minimized by doing which of the following? A) informing employees about a sexual harassment policy B) training management about the dangers of sexual harassment C) issuing a strong policy statement condemning harassment D) All of the above.

All of the above

Which equal employment act allows the plaintiff to sue for punitive damages? A) Civil Rights Act of 1991 B) American with Disabilities Act C) Title VII D) None of the above.

Civil Rights Act of 1991

________ refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion. A) Disparate treatment B) Unintentional discrimination C) Adverse impact D) Prima facie

Adverse impact

Making an extra effort to promote and hire under-represented protected individuals is called ________. A) progressive desegregation B) affirmative action C) progressive action D) permitted discrimination

Affirmative Action

Firms using ________ make an extra effort to hire and promote those in protected groups. A) ethical hiring practices B) affirmative action C) diversity management D) BFOQ

Affirmative action

________ aims to ensure that anyone, regardless of race, color, disability, sex, religion, national origin, or age has an equal chance for a job based on his or her qualifications, and requires employers to make an extra effort to hire and promote those in a protected group. A) Equal employment opportunity B) Affirmative action C) Diversity management D) BFOQ

Affirmative action

(The) ________ made it 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. A) Title VII B) Equal Pay Act of 1963 C) Executive Order 11246 D) Age Discrimination in Employment Act of 1967

Equal Pay Act of 1963

What was the name of the landmark case the Supreme Court used to define unfair discrimination? A) Roe v. Wade B) Meritor Savings Bank FSB v. Vinson C) Griggs v. Duke Power Company D) Faragher v. City of Boca Raton

Griggs v. Duke Power Company

The Equal Pay Act of 1963 allows differences in pay based on which of the following factors? A) a factor other than sex B) a merit system C) a seniority D) All of the above.

All of the above

When responding to employment discrimination charges, which of the following is recommended? A) Conduct your own investigation B) Limit the information supplied to only those issues raised in the charge itself C) Meet with the employee who made the complaint D) All of the above.

All of the above

Executive Orders reduce the scope of Title VII. True or False

False

Judy was up for a promotion when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which form of sexual harassment is this? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) hostile environment created by non-employees

Quid pro quo

The Age Discrimination in Employment Act of 1967 protects workers who are ________ and older. A) 40 B) 50 C) 55 D) 63

40

Members of the EEOC serve ________ terms. A) 3 year B) 5 year C) 10 year D) indefinite

5 year

All of the following are useful in minimizing liability for sexual harassment except: A) adopting a policy that forgives the first offense. B) issuing a strong policy statement condemning harassment. C) establishing a management response system. D) taking all complaints about harassment seriously.

Adopting a policy that forgives the first offense

When companies utilize ________, they take steps to eliminate the present effects of past discrimination. A) affirmative action B) executive orders C) rehabilitation action D) anti-discrimination guidelines

Affirmative action

How many members serve on the Equal Employment Opportunity Commission? A) three B) five C) nine D) ten

Five

The greatest number of claims brought under the ADA is related to ________ disabilities. A) learning B) mobility impairments C) mental D) hearing

Mental

Which of the following court decisions broadly endorses the EEOC's guidelines on sexual harassment? A) Meritor Savings v. Vinson B) Burlington Industries v. Ellerth C) Farragher v. City of Boca Raton D) Griggs v. Duke Power

Meritor Savings v. Vinson

Which of the following is NOT a potential source of sexual harassment? A) supervisors B) customers C) co-workers D) None of the above.

None of the above

Which of the following is not a principle established by Griggs v. Duke Power Company? A) Intent not to discriminate is irrelevant. B) Business necessity is a defense. C) Performance on the test must relate to performance on the job. D) Performance standards must be clear and ambiguous.

Performance standards must be clear and ambiguous

The ADA prohibits discrimination against ________, those who can carry out the essential functions of the job with or without reasonable accommodation. A) disabled individuals B) qualified individuals C) drug users D) All of the above.

Qualified individuals

When harassment is of a serious nature, an employee can consider suing for ________. A) assault and battery B) emotional distress C) compensatory and punitive damages D) All of the above.

All of the above

If race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway, a ________ exists. A) third defense option B) business necessity C) defense for liability D) None of the above.

Third defense option

Sally is known as a big flirt around the office. She often makes sexual innuendos to men at work, both co-workers and her subordinates although their work performance has not changed. What form of sexual harassment is this an example of? A) hostile environment created by supervisors B) hostile environment created by co-workers C) hostile environment created by non-employees D) This is not sexual harassment.

This is not sexual harassment

Workforce diversity can lead to increase in business success. True or False

True

The ADA requires employers to have job descriptions in order to document the essential functions of each position. True or False

False

There are four steps in an affirmative action program. True or False

False

There is no need to develop support for an affirmative action program: They are universally liked. True or False

False

Which equal employment act allows the plaintiff to sue for compensatory damages? A) Civil Rights Act of 1991 B) Title VI C) Title VIII D) American with Dysfunctions Act

Civil Rights Act of 1991

Religion may be used as a BFOQ if ________. A) a religious organization requires employees to share their religion B) an employer does not want to honor an employee's religious holidays C) Both A and B. D) Neither A nor B.

A religious organization requires employees to share their religion

Title VII of the 1964 Civil Rights Act makes it unlawful to fail or refuse to hire an individual based on ________. A) race B) religion C) national origin D) All of the above.

All of the above

The defense of ________ requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable. A) BFOQ B) business necessity C) adverse impact D) mixed motive

Business necessity

Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact. A) occupational qualification B) business necessity C) affirmative action D) burden of proof

Business necessity

________ 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 treatment B) Disparate impact C) Adverse impact D) Prima facie

Disparate treatment

Under the Pregnancy Discrimination Act, pregnancy, childbirth, or related medical conditions must be treated as a(n) ________. A) disability B) incontinence C) unqualified claim D) treatable disorder

Disability

Which of the following is NOT a guideline arising out of Griggs v. Duke Power? A) job relatedness B) burden of proof on employer C) discrimination need not be intentional D) discrimination must have disparate impact only

Discrimination must have disparate impact only

Intentional discrimination is also called ________. A) disparate impact B) disparate treatment C) adverse discrimination D) mixed motive

Disparate treatment

Members of the EEOC are appointed by the ________. A) Senate B) Supreme Court C) President of the United States D) Vice-President of the United States

President of the United States

What are the five sets of voluntary organizational activities that support the success of a diversity management program?

The activities are to provide strong leadership, assess the situation, provide diversity training and education, change culture and management systems, and evaluate the diversity management program.

Who has the heaviest burden when it comes to the burden of proof in discrimination cases? A) EEOC B) the employer in question C) the employee in question D) the EEO office

The employer in question

List three equal employment laws [for extra credit give the year they were passed].

The student should be able to readily list any three such as Equal Pay Act [1963], Civil Rights Act [1964] etc.

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?

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. An employment practice must be job related if it has an unequal impact on members of a protected class. The burden of proof is on the employer to show that the hiring practice is job related.

Some say that even when employers use reasonable care by taking steps to minimize liability for sexual harassment, minimize, or eliminate the occurrence of sexual harassment, and take immediate action once it knows of harassing conduct, it still may not be enough. Why might this be the case?

Studies show that there are significant gender differences in perceptions of sexual harassment. Women tend to perceive a broader range of sexual behaviors as harassing than men. Employees may also be reluctant to report incidents of harassment. Reporting could trigger retaliation. Many victims do not complain or sue. They quit or try to avoid the harasser instead. In many cases, the harasser doesn't even know that he or she is offending another person.

Explain the important aspects of Title VII.

Title VII prohibits the use of race, religion, sex, color or national origin as the basis for employment decisions. It also established the EEOC, which today is a major body that enforces equal employment opportunity.

Affirmative action programs should, and usually do, have a top official in charge of development and implementation. True or False

True

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. True or False

True

In Farragher v. City of Boca Raton the employee accused the employer of condoning a hostile working environment. True or False

True

Limiting the information given during a response to an employment discrimination charge is advisable. True or False

True

All of the following are ways an employee can prove sexual harassment except: A) quid pro quo. B) hostile environment created by supervisors. C) hostile environment created by co-workers. D) hostile environment created by non-employees. E) All of the above are ways an employee can prove sexual harassment.

All of the above are ways an employee can prove sexual harassment

Which of the following is not a way an employer can show reasonable care to defend against sexual harassment liability? A) training employees in sexual harassment policies B) instituting a sexual harassment reporting process C) investigating sexual harassment charges promptly D) All of the above are ways of showing reasonable care.

All of the above are ways of showing reasonable care

What does BFOQ stand for? Explain the rationale behind it.

Bona Fide Occupational Qualification. The rationale behind it is that an employer may legally discriminate among people if there is is a reasonable necessity to the normal operation of a business for the employer to do so.

In which of the following court cases did the U.S. Supreme Court further clarify the law on sexual harassment? A) Burlington Industries v. Ellerth B) Griggs v. Duke Power C) Farragher v. City of Boca Raton D) Both A and C.

Both A and C

If a person is in a protected class, he or she is protected by ________. A) Department of Labor B) Sarbanes-Oxley Act C) Title VII of the Civil Rights Act D) Consumer Protection Act

Title VII of the Civil Rights Act

Title VII of the 1964 Civil Rights Act prohibits discrimination based on all of the following characteristics except: A) race. B) sexual orientation. C) color. D) religion.

Sexual orientation

The Pregnancy Discrimination Act treats pregnancy as a(n) ________. A) disability B) disease C) unspecified condition D) gender specific conditionality

Disability

Under the Civil Rights Act of 1991, a discrimination claim must be filed within ________ after the alleged incident took place. A) six months B) one year C) 300 days D) three years

300 days

Which of the following recruitment practices could be considered discriminatory? A) word of mouth B) misleading information C) help wanted ads with discriminatory language D) All of the above.

All of the above

Which of the following characteristics could serve as a BFOQ depending on the nature of the job requirements? A) age B) gender C) religion D) All of the above.

All of the above

Jack is a 55-year-old American of Anglo-Saxon descent. What legislation is intended to protect Jack from discrimination? A) Title VII B) Equal Pay Act of 1963 C) Executive Order 11246 D) Age Discrimination in Employment Act of 1967

Age discrimination in Employment Act of 1967

Which court case was important because its ruling provided details regarding how employers should validate screening tools? A) Roe v. Wade B) Albemarle Paper Company v. Moody C) Griggs v. Duke Power Company D) Burlington Industries v. Ellerth

Albemarle Paper Company v. Moody

According to the Americans with Disabilities Act, which of the following is NOT considered a disability? A) homosexuality B) voyeurism C) pyromania D) All of the above.

All of the above

The ________ prohibits employers from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. A) Civil Rights Act of 1991 B) Federal Violence Against Women Act of 1994 C) American with Disabilities Act of 1990 D) Vietnam Era Veterans' Readjustment Assistance Act of 1974

American with Disabilities Act of 1990

What legal obligations are required for employers by the Americans with Disabilities Act?

An employer must not deny a job to a disabled individual if the person is qualified and able to perform the essential functions of the job. If the person is otherwise qualified but unable to perform an essential function, the employer must make a reasonable accommodation unless doing so would result in undue hardship. Employers are not required to lower existing performance standards or stop using tests for a job. Employers may not make preemployment inquiries about a person's disability, but they may ask about the person's ability to perform specific essential job functions. Employers should review job application forms, interview procedures, and job descriptions for illegal questions and statements. While employers do not have to have job descriptions, it is advisable to have them.

How can an employer defend itself against sexual harassment liability? Name and describe two methods.

An employer must show that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior. Reasonable care can be shown through strong sexual harassment policies, training managers and employees regarding their responsibilities for complying with these policies, instituting reporting processes, investigating charges promptly, and taking corrective action promptly. Second, the employer can demonstrate that the plaintiff "unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer." The employee's failing to use formal organizational reporting systems satisfies the second component. Figure 2-1 on page 38 provides a list of guidelines for minimizing liability in sexual harassment claims.

The Vocational Rehabilitation Act requires that employers accommodate disabled workers except when doing so imposes ________. A) an undue hardship B) any form of inconvenience C) any financial burden D) any objection by the customers

An undue hardship

Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear. The studio is using ________ as a justification for not considering women for the jobs. A) BFOQ B) ADEA C) EEOC D) None of the above.

BFOQ

________ means that an employer engages in an employment practice or policy that has a greater adverse effect on the members of a protected group under Title VII than on other employees, regardless of intent. A) Disparate impact B) Unintentional discrimination C) Affirmative action D) Adverse discrimination

Disparate impact

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.

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

Fifth

Adverse impact refers to employment processes that result in more individuals from a protected group being rejected regardless of whether the difference is significant. True or False

False

An employer can avoid liability for discrimination by proving that it would have taken the same action even without the discriminatory motive. True or False

False

Changing performance appraisal to include components regarding intergroup conflicts is not helpful in managing diversity. True or False

False

EEOC investigators are empowered to act as courts and can conclude discrimination based on their investigations. True or False

False

Employers primarily use a bona fide occupation qualification as a defense against charges of intentional discrimination based on gender. True or False

False

In order for discrimination to exist, an employer's intent to discriminate must be established. True or False

False

It is lawful to segregate or classify your employees on the basis of national origin. True or False

False

Only an aggrieved individual can file discrimination charges against another. True or False

False

Simply being disabled qualifies someone for a job under the ADA. True or False

False

The Age Discrimination in Employment Act prohibits discriminating against a person 50 or over in any area of employment because of age. True or False

False

The EEOC does not have the power to sue on behalf of complainants. True or False

False

The Equal Pay Act of 1963 made it unlawful to discriminate against employees or applicants for employment who are between 40 and 65 years of age. True or False

False

Title VII forbids testing or screening of job applicants because testing could systematically discriminate against some protected classes. True or False

False

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

False

Under the Civil Rights Act of 1991, disparate impact claims require proof of discriminatory intent. True or False

False

Verbal conduct of a sexual nature cannot be called sexual harassment. True or False

False

White males are still dominating the labor force today. True or False

False

In the absence of formal harassment policies, what is the first step an employee should take to address a problem of sexual harassment? A) file a complaint with the local EEOC office B) file a complaint with the human resource director C) write a letter to the accuser D) file a verbal complaint with the harasser and the harasser's boss

File a verbal complaint with the harasser and the harasser's boss

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

Follow the employer's reporting polices and procedures. In the absence of such Policies, file a verbal contemporaneous complaint with the harasser and the harasser's boss stating that the unwanted overtures are unwelcome and should cease. Next, if the unwelcome conduct does not cease, file verbal and written reports with the harasser's manager and/or the human resource director. If the letters and appeals to the employer do not suffice, the accuser should turn to the local office of the EEOC to file the necessary claim. In very serious cases, the employee can also consult an attorney about suing the harasser for assault and battery, intentional infliction of emotional distress, injunctive relief, and to recover compensatory and punitive damages.

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 system C) merit pay system D) quality of production

Gender

________ harassment is the most common form of sexual harassment. A) Sexual orientation B) Disability C) Gender D) Flirting

Gender

The establishment of the EEOC ________ the ability of the federal government to enforce equal employment laws. A) greatly enhanced B) greatly reduced C) hampered D) truncated

Greatly enhanced

Which of the following court decisions do NOT apply to cases of sexual harassment? A) Griggs v. Duke Power B) Meritor Savings v. Vinson C) Burlington Industries v. Ellerth D) Farragher v. City of Boca Raton

Griggs v. Duke Power

What is sexual harassment?

Sexual harassment is unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that occurs in the workplace.

In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The case was decided in favor of Griggs because ________. A) high school diplomas were not related to job success as a coal handler B) Duke Power Company intended to discriminate against blacks C) no business necessity existed D) Griggs held a GED

High school diplomas were not related to job success as a coal handler

Which of the following is NOT one of the activities that an organization can use to boost diversity? A) hire all diversity applicants B) adopt strong company policies C) publicize diversity philosophy throughout the company D) take concrete steps to foster diversity at work

Hire all diversity applications

Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decided to quit rather than endure the jokes any longer. What form of sexual harassment is Shelley a victim of? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) None of the above; Shelley is not a victim of sexual harassment.

Hostile environment created by supervisors

The following may be examples of discriminatory selection standards except: A) educational requirements. B) arrest records when security clearance is necessary. C) height, weight, and physical characteristics. D) None of the above; all may be discriminatory selection standards.

None of the above; all may be discriminatory selection standards

Under the ADA, if a disabled individual cannot perform a job as currently structured, the employer must make a reasonable accommodation unless doing so would present an undue hardship. What might qualify as reasonable accommodation?

Reasonable accommodation might include redesigning the job, modifying work schedules, modifying or acquiring equipment or other devices to assist the person.

Unwelcome sexual advances and requests for sexual favors are called ________. A) sexual harassment B) rude C) legislative fodder D) chauvinistic

Sexual harassment

List and explain five things that an employer cannot do with regard to discriminatory employment practices.

The answer should contain five of the following. Word of mouth recruitment (answer should refer to the problem if most of workforce is homogeneous with regards to a protected class or majority); misleading information (to discourage protected class members from applying); help wanted ads; educational requirements (are they necessary?); tests (are they valid?); preferences to relatives; height, weight, and physical characteristics (are they necessary to the job?); health questions; arrest records; and application forms (what should not be included?).

What are the three forms of sexual harassment? Name and describe each one.

The three main ways an employee can prove sexual harassment is quid pro quo, hostile environment created by supervisors, or hostile environment created by co-workers or non-employees. Quid pro quo means that submission to sexual conduct is made a term or condition of employment or advancement. Even when no direct threats or promises are made in exchange for sexual advances, if an offensive work environment is created, sexual harassment has occurred. Further, advances do not have to be made by the person's supervisor in order to qualify as sexual harassment. An employee's co-worker or customers can cause the employer to be held responsible for sexual harassment. EEOC guidelines state that an employer is liable for the sexually harassing acts of its non-supervisor employees if the employer knew or should have known of the harassing conduct.

Managing diversity means maximizing diversity's potential advantages while minimizing the potential barriers that can undermine the functioning of a diverse workforce. True or False

True

Mental disabilities like depression account for the greatest number of claims brought under the ADA. True or False

True

The American with Disabilities Act of 1990 does not list specific disabilities. True or False

True

The EEOC receives and investigates job discrimination complaints from aggrieved individuals. True or False

True

The Pregnancy Discrimination Act is an amendment to Title VII. True or False

True

The establishment of the EEOC assisted the federal government in enforcing equal employment laws. True or False

True

The most direct way to prove sexual harassment is showing a tangible employment action is dependent on sexual favors. True or False

True

Voluntary affirmative action programs have the potential to run afoul of the Civil Rights Act of 1991. True or False

True

When a job involves an equivalent amount of skills, effort, and responsibility then an employer must give equal pay. True or False

True

Under the Federal Agency Uniform guidelines, it may be ________ to discriminate against persons even within the 40+ age bracket. A) unlawful B) lawful C) necessary D) Both B and C.

Unlawful

All of the following are ways of proving sexual harassment except: A) visiting the ombudsman. B) quid pro quo. C) hostile working environment. D) Both B and C.

Visiting the ombudsman

The ________ requires employers with federal contracts over $2500 to take affirmative action in employing handicapped persons. A) Age Discrimination in Employment Act B) Vocational Rehabilitation Act C) Equal Pay Act D) Office of Federal Contract Compliance Programs

Vocational Rehabilitation Act

The EEOC describes a ________ as an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. A) fact-finding conference B) voluntary mediation C) negotiation D) mandatory arbitration

Voluntary mediation

The Equal Pay Act requires the same wages when the job involves equal ________. A) work B) time spent working C) amount of education D) amount of effort

Work