SHRM-CP - EEO EXAM - TEST

74) The four-fifths rule provides: A. a quantifiable definition of discrimination. B. an earnings test of employment discrimination. C. a goal for affirmative action. D. a rule governing the job-relatedness of employment tests.

A. a quantifiable definition of discrimination.

30) In order to make sure its sexual harassment policy provides effective guidelines for its managers, that company should write a policy that includes: A. a requirement that those who have been harassed must report it to management. B. jokes, slurs and epithets that are examples of harassment. C. the reporting format that will be used in its monthly report to the EEOC. D. the scale of payment for those who have proven they were harassed.

A. a requirement that those who have been harassed must report it to management.

13) Costa Laguna Manufacturing follows a policy of hiring people based on their race, age, gender and national origin to make up for historical discrimination. This is an example of: A. affirmative action. B. fair employment practices. C. institutional diversity. D. the "blind to differences" approach.

A. affirmative action.

84) In order to ward off a complaint of discrimination, every requirement for employment must be: A. benchmarked against industry best practices. B. approved by the EEOC. C. consistent with best practices within the company. D. directly job related

A. benchmarked against industry best practices.

45) A manager always hires young, attractive women as receptionists. This is an example of: A. disparate treatment. B. adverse impact. C. reverse discrimination. D. sexual harassment.

A. disparate treatment.

36) An employer's best defense when a case of negligent hiring goes to court is to: A. produce evidence of employment and reference checking. B. produce the employee's signed application form. C. produce letters of reference provided by the employee. D. prove that any misconduct occurred after regular work hours.

A. produce evidence of employment and reference checking.

76) Germaine applied for an opening at Rotary Propulsion Systems (RPS) in May and took the company's aptitude test for entry-level management positions. RPS did not call Germaine back for a second interview until September, and at that time, Germaine took the aptitude test again. Germaine's scores on the test were significantly different in May than in September. This is an indication that the test may not be: A. reliable. B. valid. C. statistical. D. functional.

A. reliable.

2) Title VII provisions for religion: A. require employers to make reasonable accommodation for religious observance or practice B. cannot be the basis for a bona fide occupational qualification C. require employers to grant complete religious freedom in employment in accordance with the First Amendment D. permit discrimination based on race if religious preference is a bona fide occupational Qualification

A. require employers to make reasonable accommodation for religious observance or practice

6) When an employment selection instrument is related to job success, the instrument is said to have: A. validity. B. correctness. C. discrimination. D. exclusiveness.

A. validity.

80) An HR professional suspects that her company is losing qualified applicants because of the extreme length of the hiring process. What might the HR professional do to confirm her suspicions? A. Apply resource measurement techniques. B. Analyze the hiring practices of competitors. 61 C. Conduct an applicant flow analysis. D. Assess the reliability of the pre-screening devices.

B. Analyze the hiring practices of competitors. 61

64) Which of the following interview questions is potentially discriminating? A. "Are you over 18 years old?" B. "Do you have any relatives employed by our organization?" C. "Are you a citizen of another country?" D. "Can you provide job references?"

C. "Are you a citizen of another country?"

53) A test has _____ if it reflects an actual sample of the work done on the job in question. A. reliability B. criterion validity C. content validity D. validity generalizability

C. content validity

89) The ______ allows victims of discrimination on the basis of sex, religion or disability to receive both compensatory and punitive damages in cases of intentional discrimination. A. Americans with Disabilities Act B. Executive Order 11246 C. Age Discrimination in Employment Act D. Civil Rights Act of 1991

D. Civil Rights Act of 1991

48) The IRCA: A. permits employers to hire only US citizens. B. permits employers to require more documentation from some prospective employees than from others to ensure that illegal aliens are not hired. C. prevents employers from discriminating against undocumented aliens. D. makes it illegal for an employer to discriminate based on national origin.

D. makes it illegal for an employer to discriminate based on national origin.

31) Organizational codes of ethics: A. deal with organizational, not personal matters. B. safeguard the firm's reputation. C. are mandated by federal law. D. inform employees as to how they are to conduct business.

. D. inform employees as to how they are to conduct business.

100) The CEO of Powell Manufacturing is conferring with the VP of HR about inevitable layoffs due to long-term declines in orders. The CEO wants to layoff poor performing employees first. Looking at the list of employees and their performance rankings, the CEO sees Carl's name. Carl has had consistently below average performance appraisals for the past five years. Carl is 72 and has been with the firm for 41 years. The VP of HR advises the CEO: A. "You can consider Carl for layoff because of his long-term poor performance." B. "Don't touch Carl, since he protected by ADEA." C. "ADEA protects employees who have over 40 years' seniority with the company. We can't lay Carl off." D. "ADEA requires employers to lay off in reverse seniority order, so don't lay Carl off."

A. "You can consider Carl for layoff because of his long-term poor performance."

42) The EEOC requires employers to keep records for a minimum of how many years? A. 2 B. 4 C. 7 D. 9

A. 2

47) The Age Discrimination in Employment Act (ADEA. protects individuals over the age of: A. 40 B. 50 C. 65 D. 70

A. 40

60) Which of the following is a method which might be used to break the "glass ceiling" in organizations? 59 A. Establish a formal mentoring program. B. Diversify entry-level positions. C. Terminate executives who are while males and replace them with female executives. D. Hold managers accountable for increasing diversity in their departments.

A. Establish a formal mentoring program.

75) In the following decision, the Supreme Court ruled that colleges and universities can consider an applicant's race as a factor in admission decisions. A. Grutter v Bollinger B. Albermarle Paper Co. v Moody C. University of California Regents v Bakke D. United Steelworkers of America v Weber

A. Grutter v Bollinger

44) Joyce, a paralegal at a large regional law firm, contracted a very aggressive form of breast cancer. She has had surgery and is undergoing chemotherapy, but the prognosis is not good. Joyce has taken FMLA and sick leave for surgery and recovery, and is now taking FMLA leave in two-day periods to accommodate her chemotherapy. Although her work continues to be satisfactory, she is showing obvious side effects of the chemotherapy (hair falling out, extreme fatigue, etc. One of her attorneys refuses to work with her, saying working with her is depressing and is distracting him from his cases. He wants Joyce removed from his staff and replaced with another paralegal. Due to staffing shortages and other administrative issues, this is not a reasonable request. The attorney now wants Joyce terminated and given a generous severance package. "I just can't stand to look at her anymore,: he says. As the HR director, you know: A. Joyce is covered under the ADA and protected from discrimination based on her illness. B. Joyce is not covered under the ADA and since the attorney is a partner in the firm, you will have to terminate her. C. you are ethically, but not legally, required to protect Joyce's employment and her ongoing medical benefits. D. you will need to work out a voluntary resignation with Joyce as her FMLA leave will be exhausted in three months at the rate she is taking days off.

A. Joyce is covered under the ADA and protected from discrimination based on her illness.

26) What is the present situation with respect to legislation protecting individuals with differing sexual orientations? A. Some cities and states have passed such laws. B. Sexual orientation can only be considered if it is a BFOQ. C. Employers can legally assume a homosexual person is HIV-positive. D. Federal law prohibits discrimination based on sexual orientation.

A. Some cities and states have passed such laws.

63) A large commercial cleaning service in the Southwest requires all Hispanic applicants for supervisory positions to have a high school diploma from a U.S. high school, not a school in another country, such as Mexico. This is an example of: A. disparate treatment. B. a BFOQ. C. disparate impact. D. a business necessity

A. disparate treatment.

41) An organization that gives preference to applicants referred by current employees could be guilty of: A. disparate treatment. B. reverse discrimination. C. a historically discriminatory practice. D. intentional discrimination.

A. disparate treatment. B. reverse discrimination. C. a historically discriminatory practice. D. intentional discrimination.

92) The ADA applies to: A. employers with 15 or more employees. B. employers with 25 or more employees. C. employers who have federal contracts. D. all employers, regardless of the size of the company.

A. employers with 15 or more employees.

51) Diversity training programs are generally intended to provide a vehicle for: A. increasing awareness and examining stereotypes. B. balancing work/life conflicts. C. eliminating group learning. D. focusing on individual differences.

A. increasing awareness and examining stereotypes.

82) A test is considered valid if: A. it actually measures what it says it measures. B. it is developed by a professionally-qualified yeasting service. C. it consistently measures an item in the same way. D. it has a reliability coefficient of .60 or better.

A. it actually measures what it says it measures.

23) Mediation is the most popular form of alternative dispute resolution (ADR) because: A. its format is more flexible than other ADRs. B. it is only necessary when parties involved want to settle a dispute without litigation. C. it is purely voluntary. D. it allows an employee to appeal a mediated decision that he/she deems to be unfair.

A. its format is more flexible than other ADRs.

67) "A waste of time," says the HR director to herself as she looked at a sheaf of documents related to an applicant she is strongly considering hiring. "These aren't worth my time to read. Let's see what else is in the file." The documents the HR director feels are of little value in making the selection decision are most likely: A. personal references. B. credit history reports. C. letters of commendations from customers. D. law enforcement reports.

A. personal references.

86) The 1991 Civil Rights Act requires that plaintiffs bringing discrimination charges must: A. show a pattern of discrimination against a particular protected class. B. identify the particular employer practice being challenged and that protected class status played some factor. C. identify majority-group members who benefited from the illegal actions. D. provide evidence of financial harm caused by the employer's actions.

A. show a pattern of discrimination against a particular protected class.

52) The relevant labor market for a company is: A. the region where the firm recruits workers. B. the area where current employees live. C. the area where any qualified potential applicant lives. D. the standard metropolitan area determined by the last census.

A. the region where the firm recruits workers.

14) Which of the following questions asked during an interview would most likely give rise to an inference of discrimination? A. "Describe your military experience." B. "Do you have a job-related disability?" C. "To what professional organizations do you belong?" D. "Describe the extracurricular activities you did in college."

B. "Do you have a job-related disability?"

28) Line managers, HR professionals and employees all have roles and responsibilities for ensuring fair treatment in the workplace. Which of the following do all three groups have in common? A. Keep accurate and current records about employee performance. B. Be informed about laws and regulations protecting employee rights. C. Set policy to take into account societal views. D. Administer grievance/complaint procedures.

B. Be informed about laws and regulations protecting employee rights.

17) The landmark case that established the importance of disparate impact as a legal foundation of EEO law is: A. Adarand Contractors v. Pena B. Griggs v. Dukes Power C. University of California at Davis v. Bakke D. McDonnell Douglas v. Green

B. Griggs v. Dukes Power

3) Which of the following is covered by the Americans with Disabilities Act: A. Correctable physical impairments such as asthma B. Personality disorders C. Compulsive gambling D. Any physical or mental impairment regarded as a disability is covered

B. Personality disorders

4) Which of the following are the two forms of sexual harassment recognized by the EEOC: A. Traditional and work environment. B. Quid pro quo and hostile environment. C. On the job and off the job. D. Good intentions and discriminatory.

B. Quid pro quo and hostile environment.

62) What is the first step in making reasonable accommodations in the workplace? A. Change the layout of the job. B. Remove the architectural barriers. C. Prepare cost estimates for the accommodations. D. Ask the employee what is most reasonable

B. Remove the architectural barriers.

49) In TWA v. Hardison, the Supreme Court ruled that an employer must make reasonable accommodations for: A. a disabled person. B. an employee's religious beliefs. C. an employee infected with HIV. D. the domestic partner of an employee.

B. an employee's religious beliefs.

66) A fundamental purpose of the application form is that it provides: A. the initial record of the organization's EEO/affirmative action plans. B. basic employee record for applicants who are eventually hired. C. a record of the employer's desire to hire someone for an open position. D. a defense in an ADA discrimination case.

B. basic employee record for applicants who are eventually hired.

38) An exempt employee would include a manager who: A. spends 45% of the workweek on nonexempt work. B. directs five people and has hiring and firing responsibility. C. receives overtime pay during a particularly busy pay period. D. is docked for less than one full day away from the job.

B. directs five people and has hiring and firing responsibility.

71) The Rehabilitation Act of 1973 prohibits discrimination on the basis of: A. age. B. disability. C. gender. D. national origin.

B. disability.

54) It is not discriminatory during pre-employment inquiries to ask about an applicant's record on: A. workers' compensation. B. driving. C. arrests. D. favoring unions.

B. driving.

99) The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires: A. employers to continue an employee's pay while he/she is on military leave. B. employees to notify their employers of their military service obligations. C. employees serving in the military to have permanent reemployment rights. D. employees who are permanently disabled as a result of their military service are to be automatically put on the employer's retirement program.

B. employees to notify their employers of their military service obligations.

7) Adverse impact means that: A. men are paid less than women. B. employment decisions reject a higher percentage of a protected class than a Non-protected class. C. efforts are made to recruit a larger percentage of minorities. D. bona fide occupational qualification on religion is permitted at the workplace.

B. employment decisions reject a higher percentage of a protected class than a Non-protected class.

12) Many of the causes of individual diversity can be seen by examining the changing nature of: A. economic markets. B. employment markets. C. global markets. D. capital markets.

B. employment markets.

65) Quid pro quo harassment occurs when: A. the harassment has the effect of unreasonably interfering with work performance or psychological well-being. B. employment outcomes are linked to the individual's granting sexual favors. C. intimidating or offensive working conditions are created. D. an employee voluntarily offers his/her supervisor sexual favors in exchange for advancement.

B. employment outcomes are linked to the individual's granting sexual favors.

98) A qualified applicant who has performed a similar job in the past is refused employment by a company because of a history of nervous breakdowns. Under Title I of the ADA, the company: A. hire the applicant but require a psychiatric exam. B. hire the applicant since she/he is qualified for the position. C. refuse to hire the applicant because of the risk of negligent hiring. D. refuse to hire the applicant for this position but find another position in the company for this person

B. hire the applicant since she/he is qualified for the position.

77) The key to making reasonable accommodations for individuals with disabilities is to: A. not hiring disabled candidates. B. identify the essential job functions, then determine what accommodations are reasonable so that the individual can perform the core job duties. C. restructure the staffing function to minimize the probability of hiring a disabled individual. D. specialize in certain types of accommodations, for instance, for sight-impaired individuals, and then recruit individuals with this particular disability who have the KSAs otherwise to do the job.

B. identify the essential job functions, then determine what accommodations are reasonable so that the individual can perform the core job duties.

59) A utilization analysis: A. identifies the number of workers available in the workforce. B. is compared to the workforce availability analysis to figure underutilization statistics. C. is compared to the affirmative action plan to determine the number of jobs available. D. identifies the number of protected class members available in the workforce.

B. is compared to the workforce availability analysis to figure underutilization statistics.

97) In order to effectively defend itself against a charge of discrimination in the recruiting and selection of members of protected classes, organizations should: A. provide exit interview summaries. B. maintain applicant flow data. C. keep job evaluation data. D. design subjective applications.

B. maintain applicant flow data.

90) According to the concept of ______, the pay for jobs requiring comparable levels of knowledge, skills and ability should be similar even if actual duties differ significantly. A. equal pay B. pay equity 62 C. comparable pay D. gender fairness

B. pay equity

39) According to the Equal Pay Act, employers must: A. reduce the pay of an employee to equalize pay between the sexes. B. pay women and men the same pay for the same work. C. pay the rates set by union contracts even if there are inequities. D. pay similarly for jobs requiring comparable skills and knowledge.

B. pay women and men the same pay for the same work.

57) The Older Workers Benefit Protection Act (OWBPA. protects employees when they sign liability waivers in exchange for ______. A. promotions B. severance packages. C. bonuses. D. unemployment benefits.

B. severance packages.

22) Executive orders: A. are rules made by judges as they resolve disputes between parties. B. specify rules and conditions for government business and for doing business with the government. C. are derived from the Bill of Rights. D. are issued by federal agencies as tools for monitoring the workplace.

B. specify rules and conditions for government business and for doing business with the government.

1) An employee alleging discrimination can sue both the manager (or supervisor) of a company and the company itself because: A. the company provided EEO training to the manager B. the manager or supervisor perform their job as agents of the company C. EEO law provides for it D. the employee can sue the company, but not the manager or supervisor

B. the manager or supervisor perform their job as agents of the company

25) In order to minimize "backlash" in diversity efforts, the key is for trainers and managers: A. to emphasize that "mind change" has to come before behavior change. B. to emphasize that employees behaving with respect toward others is the desired outcome of diversity. C. to realize that there may be a certain core of "bad actors" who will not accept diversity initiatives and that they must be terminated immediately. D. to cut back on traditional diversity training such as sensitivity training and instead to emphasize team spirit and performance goals.

B. to emphasize that employees behaving with respect toward others is the desired outcome of diversity.

58) Which of the following are the correct steps for responding to an EEO complaint? A. (1) conduct an internal investigation; (2) take no retaliatory action; (3) review the claim and the employee's personnel file; (4) determine whether to negotiate, settle or oppose the complaint. B. (1) conduct an internal investigation; (2) take no retaliatory action; (3) determine whether to negotiate, settle or oppose the complaint ; (4) review the claim and the employee's personnel file. C. (1) take no retaliatory action; (2) conduct an internal investigation; (3) review the claim and the employee's personnel file; (4) determine whether to negotiate, settle or oppose the complaint. D. (1) review the claim and the employee's personnel file; (2) take no retaliatory action; (3) conduct an internal investigation; (4) determine whether to negotiate, settle or oppose the complaint.

C. (1) take no retaliatory action; (2) conduct an internal investigation; (3) review the claim and the employee's personnel file; (4) determine whether to negotiate, settle or oppose the complaint.

78) Which of the following statement is true under the provisions of the ADA? A. Pre-employment medical examinations may be required before a job offer is extended. B. Employers must set affirmative action plans for the disabled. C. Buildings financed with public funds must be accessible to the disabled. D. Rehabilitated drug users or people with AIDS are excluded by the law

C. Buildings financed with public funds must be accessible to the disabled.

68) ______ occurs when an employer deliberately makes conditions intolerable in an attempt to get an employee to quit. A. Just-cause dismissal B. Employment harassment C. Constructive discharge D. Forced resignation

C. Constructive discharge

15) A selection test for firefighters that requires all applicants to pull a 90-pound hose up three flights of stairs within a four-minute period would suggest which type of validity A. Predictive B. Concurrent C. Content D. Construct

C. Content

33) A national corporation has completed its first phase of diversity awareness training. HR has been asked to evaluate the training to identify any barriers to diversity initiatives and determine future training and support. Which research methodology would yield the best results? A. Using statistical measure of association. B. Running time experiments with experimental and control groups. C. Gathering qualitative and quantitative information from training participants. D. Interviewing training participants to discuss their reactions to the training.

C. Gathering qualitative and quantitative information from training participants.

55) All of Charlotte's grandparents are from Puerto Rico and are descended from two aristocratic Spanish families. Her grandparents immigrated to the U.S. in the 1940s when her father was a small child. Charlotte is American-born and is a native English speaker. She goes by her husband's surname of Davis. According to the latest census guidelines, Charlotte should be classified as: A. white. B. multiracial. C. Hispanic. D. Native American.

C. Hispanic.

94) Touchdown Plastic Molding has experienced a 2-year long downturn in orders. As a result, layoffs are unavoidable. At Touchdown, almost every employment decision takes seniority into account: promotions, transfers, pay raises, vacations, etc. As a result, the company wishes to lay off its employees in reverse order of seniority. That is, the newest employees would be the first to be laid off. Touchdown's newer employees in general are younger. In addition, they include minorities and women of all ages. Most of the senior employees are white males. A. Touchdown can lay off junior employees because it had consistently used seniority in its employment decisions. B. Touchdown cannot use seniority to lay off its employees because it will violate Title VII. C. If Touchdown lays off senior employees it will violate their psychological contract and the employer can be sued for damages under ADEA. D. Touchdown cannot lay off any employees because it will violate Title VII or ADEA. It must rely solely on attrition to reduce its workforce.

C. If Touchdown lays off senior employees it will violate their psychological contract and the employer can be sued for damages under ADEA.

87) A prospective employee is given a typing test as part of the selection process. One month later the person is given the same test again and receives the same score. What can be said about the test? A. It is valid. B. It is partially valid but not reliable. C. It is reliable. D. It is both valid and reliable.

C. It is reliable.

88) How is the Dictionary of Occupational Titles (DOT) useful to an HR professional? A. It's a defense in an HR audit. B. It's a starting point when confronted with preparing a large number of job descriptions. C. It's used to compare technological similarities of similar jobs. D. It's used to conduct wage surveys.

C. It's used to compare technological similarities of similar jobs.

81) Job enrichment and job enlargement are two means of enhancing jobs through job design. What is the basic difference between the two techniques? A. Job enrichment involves adding more tasks to an existing job while job enlargement involves adding more responsibilities. B. Enlarging a job indicates an increased rate of pay will accompany the new job responsibilities. C. Job enlargement involves adding more tasks at the same level while job enrichment involves adding more responsibilities. D. The two terms are interchangeable.

C. Job enlargement involves adding more tasks at the same level while job enrichment involves adding more responsibilities.

20) _____ is the prohibited practice of adjusting employment test scores on the basis of the race of test takers. A. Discriminatory intent B. Affirmative adjustment C. Race norming D. Score averaging by group

C. Race norming

43) Which of the following is true about an EEOC investigation of an employee's charge of discrimination? A. There is a one year time limit for filing charges with the EEOC. B. The EEOC must initiate legal action if conciliation fails. C. The EEOC or the employee can initiate legal action if conciliation fails. D. The employer determines whether the litigation takes place in federal or state court.

C. The EEOC or the employee can initiate legal action if conciliation fails.

10) In the following decision, the Supreme Court stated that affirmative action programs are not illegal per se as long as rigid quota systems were not specified for different protected classes: A. Griggs v Duke Power B. Albermarle Paper Co. v Moody C. University of California Regents v Bakke D. United Steelworkers of America v Weber

C. University of California Regents v Bakke

34) Employers should obtain which of the following before extending a contingent offer of employment? A. Polygraph test B. Medical records and physical examination C. Written authorization from the candidate to check work references D. Verbal permission from the candidate to check work references

C. Written authorization from the candidate to check work references

91) During a trip to China, Kevin became very ill and had to be treated for several days in a Chinese hospital. During the course of treatment Kevin received several blood transfusions. Kevin is now back at work in the U.S., but rumors in the workplace are spreading that the reason Kevin is constantly fatigued and subject to colds is because he caught AIDS from the transfusions. For this reason, Kevin was passed over for promotion because the supervisor of that department did not want to work with a person with AIDS. Is Kevin covered by the ADA? A. Yes, but only if Kevin really has AIDS; therefore, Kevin really needs to have an AIDS test to clarify his medical condition. B. No, because Kevin hasn't had an AIDS test; therefore, his actual medical condition is not known. C. Yes, Kevin is covered by the ADA because some co-workers think he has AIDS, even though he may or may not actually be infected. D. No, because the real causes of the rumors about Kevin are his fatigue and the frequency of his colds. Colds and fatigue are transitory and are not covered by the ADA.

C. Yes, Kevin is covered by the ADA because some co-workers think he has AIDS, even though he may or may not actually be infected.

11) A job specification is: A. a group of related activities and duties. B. the different duties and responsibilities performed by one employee. C. a statement of the knowledge, skills, and abilities required to perform work. D. a statement of the tasks, duties and responsibilities associated with work.

C. a statement of the knowledge, skills, and abilities required to perform work.

73) An employer can require that a polygraph test be taken by: A. an employee applying for a position in the finance department. B. an employee who has entered treatment for substance abuse. C. an accountant whose department is under scrutiny for embezzlement. D. a recovering alcoholic who is seeking a position as a newspaper reporter

C. an accountant whose department is under scrutiny for embezzlement.

95) If a company has external disparate impact, it means: A. fewer than 4/5ths of its employees are members of protected classes and it needs to recruit more minorities from the relevant job market. B. the employer has intentionally hired fewer minorities than it should have, so much so that minorities comprise less than 4/5ths of the proportion they should have given the composition of the relevant work force. C. at least one category of minority employees makes up less than 4/5ths of the proportion which that minority makes up in the relevant labor market. D. the company has too many of one minority class in comparison to the other minorities.

C. at least one category of minority employees makes up less than 4/5ths of the proportion which that minority makes up in the relevant labor market.

61) An employer can insure reasonable care in sexual harassment policies by: A. communicating the policy to the EEOC. B. reporting inappropriate behavior to the EEOC. C. communicating the policy to new employees and training managers. D. properly documenting any complaints in the employee's file.

C. communicating the policy to new employees and training managers.

70) Tamara is a private investigator. She and Mega Industries have agreed that she will perform background checks on all applicants for manageriallevel positions for one year, for a certain fee and within certain performance guidelines. This agreement gives Tamara: 60 A. implied obligations. B. employment-at-will rights. C. contractual rights. D. responsibilities without rights.

C. contractual rights.

9) In Griggs v Duke Power, the Supreme Court established the principle that: A. educational selection requirements are illegal. B. discrimination occurs only if the employer intends to discriminate. C. discrimination can occur even if it is covert or unintentional. D. employment tests are illegal.

C. discrimination can occur even if it is covert or unintentional.

83) Borderline Cafeterias has discovered that most of its wait staff is white, while most of its kitchen staff is minority. When interviewed by the local news anchor, the CEO of the company says, "There has been no conscious or deliberate practice to staff the cafeterias in a discriminatory manner, it just happened to turn out that way." The CEO's argument is an example of: A. disparate treatment. B. blind discrimination. C. disparate impact. D. discriminatory intent.

C. disparate impact.

40) A primary outcome of a job analysis will be the ability to: A. identify candidates for promotion. B. determine the activities that make up a job. C. identify a corporate culture. D. test the organization's pay strategies.

C. identify a corporate culture.

46) Affirmative Action Plans (AAPs) are illegal when they: A. define underutilization of women and/or minorities. B. achieve partial goals within a determined time frame. C. result in the discharge of qualified nonminority employees. D. remedy a specific effect of past discrimination

C. result in the discharge of qualified nonminority employees.

35) An employee files an EEOC complaint. The company is mailed a copy of the complaint, along with a Waiver of Service of Process form. If the company does NOT sign the form: A. they are admitting to the alleged discrimination. B. they have 20 days to respond to the complaint. C. they are held in contempt of court. D. the employee pays to have the complaint personally served.

C. they are held in contempt of court.

5) An important step in avoiding discriminatory practices during selection is to: A base selection decisions solely on interviews. B. use multiple interviewers for each applicant. C. use validation studies to demonstrate the jobrelatedness of a selection instrument. D require all applicants to complete an application form.

C. use validation studies to demonstrate the jobrelatedness of a selection instrument.

93) Under the Immigration Reform and Control Act, employers are required to examine identification documents" A. before a job offer is extended. B. after a job offer has been extended but before the new employee begins work. C. within 72 hours of hiring new employees. D. annually on the employee's anniversary of hire.

C. within 72 hours of hiring new employees.

96) Joyce is reviewing the results from a predictive validity test of a test for sales aptitude with the performance of sales representatives one year after they have been tested. "Wow!" she says, "This is a really strong correlation coefficient!" The size of the correlation is most likely: A 78 B 7.8 C .078 D .78

D .78

72) Under the EEOC's selection guidelines, adverse impact occurs when the selection rate for a protected class is less than what percentage of that for the group with the highest selection rate? A. 20% B. 50% C. 67% D. 80%

D. 80%

85) Which of the following would be defined as retaliation under EEO laws? A. An employer fires a supervisor who discriminates against a protective-class member. B. A dismissed employee files a false complaint of discrimination with the EEOC. C. The EEOC targets an employer with a history of unlawful discrimination. D. A hospital demotes a radiology technician who has complained about ethnic discrimination.

D. A hospital demotes a radiology technician who has complained about ethnic discrimination.

37) According to Title VII of the Civil Rights Act of 1964, which of the following statements is true? A. Persons suing for intentional discrimination on the basis of gender may seek unlimited damages. B. Seniority systems are considered unlawful. C. Age requirements are not permitted and may not be considered in hiring decisions. D. Employers may temporarily give preference to protected groups to correct prior discrimination.

D. Employers may temporarily give preference to protected groups to correct prior discrimination.

21) Which of the following has been a general ruling in cases filed under the Pregnancy Discrimination Act? A. Employers are not required to accommodate the needs of pregnant employees. B. Pregnancy is a disability requiring special accommodations. C. Women must be assigned less strenuous tasks during pregnancy. D. Employers must treat pregnant employees the same as non-pregnant employees with similar abilities or inabilities.

D. Employers must treat pregnant employees the same as non-pregnant employees with similar abilities or inabilities.

69) An employer may avoid liability for sexual harassment in which of the following situations? A. The employer had no knowledge of the offensive behavior. B. The employee did not suffer any tangible employment action. C. The victim and alleged harasser were both heterosexual males. D. The employer took reasonable care to prohibit sexual harassment.

D. The employer took reasonable care to prohibit sexual harassment.

18) When does the burden of proof fall on the employer? A. When there is an Affirmation Plan in place. B. When it is a class action lawsuit. C. The burden of proof remains on the plaintiff until the case goes to court. D. When the court rules that a prima facie case has been made.

D. When the court rules that a prima facie case has been made.

32) An AAP must include: A. a strategy to retain a percentage of older workers. B. the name and qualifications of the EEO coordinator. C. descriptions of the reasonable accommodations for disabled employees. D. an analysis of current employees in protected groups by department.

D. an analysis of current employees in protected groups by department.

29) Diversity management initiatives: A. are usually the result of a court order after a class action lawsuit. B. are monitored by the EEOC. C. are required by Title VII. D. are usually voluntary

D. are usually voluntary

56) The validation strategy that tests existing employees and correlates the scores with their performance ratings is called _____ validity. A. predictive B. construct C. criterion D. concurrent

D. concurrent

8) According to the Uniform Guidelines, a rule of thumb that identifies selection practices that favor a disproportionate number of non-protected class members is the: A. two-thirds rule. B. acid-test rule. C. ratio rule. D. four-fifths rule.

D. four-fifths rule.

27) The key to making reasonable accommodations for individuals with disabilities is to: A. restructure the staffing function to minimize the probability of hiring a disabled person. B. specialize in certain types of accommodations, for instance for sight-impaired persons, and then recruit individuals with this particular disability who have the KSAs otherwise to perform the job. C. since each disabled individual is unique in the types of disabilities they have, the employer does not need to make any accommodations. D. identify the essential job functions then determine what accommodations are reasonable so that the individual can perform the core job duties.

D. identify the essential job functions then determine what accommodations are reasonable so that the individual can perform the core job duties.

24) Jan is a Polish-American. Every day his coworkers torment him with Polish jokes. Jan believes that he is being forced to work in a hostile, offensive environment that prevents his effective performance. Jan has complained to his supervisor. In compliance with EEO guidelines, his supervisor should: A. report Jan's co-workers to the NLRB. B. take a "wait-and-see" attitude about future behavior by the co-workers. C. move Jan to another position of equal or less status in the company. D. immediately investigate and take immediate and appropriate corrective action.

D. immediately investigate and take immediate and appropriate corrective action.

16) Ingrid is a recent immigrant from Denmark with a valid U.S. work visa. She has applied for work on the wait staff of a Chinese restaurant near her home. Ingrid doesn't have a car, and this restaurant is one of the few employers she can walk to. Ingrid was turned down for an opening at the restaurant, although she has relevant work experience. Later, Ingrid discovered that a Chinese man was hired for the position. In your opinion, Ingrid should: A. sue because this is sex discrimination. B. sue because this is national origin discrimination and violates the IRCA. C. not sue because this is an English-only workplace and Ingrid's English language skills are only minimal. D. not sue because Chinese origin is a BFOQ.

D. not sue because Chinese origin is a BFOQ.

19) Under the 1991 Civil Rights Act, employers must show that an individual's race, color, religion, sex or national origin: A. was not the deciding factor in the employment decision. B. did not limit that individual's employment options. C. caused no financial hardship to the individual. D. played no factor in their employment practices.

D. played no factor in their employment practices.

50) The major purpose of the OFCCP is to: 58 A. evaluate the pay equity of federal government jobs. B. help the victims of unlawful discrimination to file claims and obtain relief. C. handle in the public sector all functions that the EEOC handles in the private sector. D. require that federal contractors and subcontractors take affirmative action to overcome the effects of prior discriminatory practices.

D. require that federal contractors and subcontractors take affirmative action to overcome the effects of prior discriminatory practices.

79) An organization develops a voluntary retirement program to encourage older workers to retire and increase opportunities for younger workers. The voluntary retirement program was most likely developed as a response to: A. competitive trends. B. technological advancements. C. economic conditions. D. socioeconomic developments.

D. socioeconomic developments.