Exam 2: Understanding the Legal and Environmental Context of Hrm

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Which form of preferential treatment is practiced when a firm increases minority representation by hiring one minority for each nonminority hired?

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Which of the following forms of preferential treatment give hiring preference to members of underutilized groups?

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D

When is the BFOQ defense used? What are the employer's arguments in this defense?

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When the employer has a policy that excludes an entire protected group, its only viable option is the use of a BFOQ defense. The term BFOQ refers to "bona fide occupational qualification."
When using a BFOQ defense, the employer argues that it purposely discriminated against all members of a protected group for one of the following four reasons: (1) All or nearly all: All or nearly all of the members of that group are incapable of performing the job in question. (2) Authenticity: To be "authentic," the employer must limit its hiring to members of a particular protected group, thus excluding all others. (3) Propriety: It would be improper to hire members of one or the other sex for a particular job. (4) Safety: The employment of an older worker would put the worker or others at risk.

A(n) ____ is a written statement that specifies how the organization plans to increase the utilization of targeted groups.

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Explain the McDonnell-Douglas test and the four-fifths rule.

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Organizational restructuring generally involves a firm cutting out a layer of middle management to become less hierarchical.

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Under the 1991 amendments to the 1964 Civil Rights Act, an employer may be liable for ____ if the discriminatory practices were engaged in with malice or reckless indifference.

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To defend itself against a violation of the four-fifths rule, a firm must demonstrate that the procedure in question is a(n):

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Which of the following is not an element of an affirmative action plan?

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Describe the conditions under which preferential treatment for members of protected groups in affirmative action plans may be legal.

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All but which of the following might be an alternative to employee layoffs?

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Which of the following is not a recommended step for creating a diversity-friendly workplace?

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A utilization analysis is a statistical procedure that compares the percentage of each protected group for each job category within the organization to that of the available labor market.

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Under the 1991 amendments to Title VII, employers are permitted to use different cut-off scores on the basis of race on employment tests.

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The 1991 amendments to the 1964 Civil Rights Act extended the rights of claimants to receive punitive damages.

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The main provisions of the 1991 amendments to the Civil Rights Act of 1964 included all but which of the following?

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What type of case is established if an employee presents evidence that makes the employer's actions appear discriminatory?

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When a plaintiff establishes a prima facie case, it means that the complainant has been able to establish the merits of the case sufficiently enough for the courts to agree to look into the matter further.

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If a plaintiff can prove that a company has a policy that restricts the selection of an entire protected group, he or she automatically establishes a prima facie case of disparate treatment discrimination.

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Which of the following acts provides a very detailed description of the evidence needed to prove a discrimination claim?

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