Deck 2: Equal Opportunity and the Law

Question 1

Which of the following factors is not an acceptable basis for different pay for equal work under the Equal Pay Act of 1963?

A)quality of production
B)seniority system
C)gender
D)merit pay system
E)all are unacceptable factors

Answer 1

C

Question 2

How many members serve on the Equal Employment Opportunity Commission?

A)3
B)5
C)9
D)10
E)12

Answer 2

B

Question 3

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)Equal Pay Act of 1963
B)Age Discrimination in Employment Act of 1967
C)Title VII
D)13th Amendment to the U.S. Constitution
E)Executive Order 11246

Answer 3

A

Question 4

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
E)Fourteenth

Question 5

The gives all persons the same right to make and enforce contracts and to benefit from the laws of the land.

A)Thirteenth Amendment
B)Fifth Amendment
C)Civil Rights Act of 1866
D)Title VII of the 1964 Civil Rights Act
E)Civil Rights Act of 1991

Question 6

When companies utilize , they take steps to eliminate the present effects of past discrimination.

A)equal pay rules
B)executive orders
C)affirmative action
D)rehabilitation action
E)anti-discrimination guidelines

Question 7

The requires employers with federal contracts over $2500 to take affirmative action in employing handicapped persons.

A)Equal Pay Act
B)Age Discrimination in Employment Act
C)Vocational Rehabilitation Act
D)Office of Federal Contract Compliance Programs
E)none of the above

Question 8

The Amendment makes it illegal for any state to "make or enforce any law which shall abridge the privileges and immunities of citizens of the United States."

A)First
B)Fifth
C)Tenth
D)Thirteenth
E)Fourteenth

Question 9

Jack is a 55 year-old American of Anglo-Saxon descent. What legislation is intended to protect Jack from discrimination?

A)13th Amendment to the U.S. Constitution
B)Age Discrimination in Employment Act of 1967
C)Equal Pay Act of 1963
D)Title VII
E)Executive Order 11246

Question 10

Which amendment is generally viewed as barring discrimination based on sex, national origin, or race?

A)First
B)Fifth
C)Tenth
D)Thirteenth
E)Fourteenth

Question 11

Members of the EEOC are appointed by the .

A)Supreme Court
B)President of the United States
C)Senate
D)Vice-President of the United States
E)none of the above

Question 12

What type of organization is covered by Title VII of the 1964 Civil Rights Act?

A)state government
B)private educational institutions
C)private employers of 15 or more persons
D)federal government
E)all of the above

Question 13

Title VII of the 1964 Civil Rights Act prohibits discrimination based on all of the following characteristics except .

A)sexual orientation
B)color
C)race
D)national origin
E)religion

Question 14

The Amendment outlawed slavery, and courts have held that it bars racial discrimination.

A)First
B)Fifth
C)Tenth
D)Thirteenth
E)Fourteenth

Question 15

Which of the following federal agencies does not participate in the issuance of uniform guidelines on procedures including employee selection, record keeping, and preemployment inquiries?

A)EEOC
B)Department of Labor
C)Department of Justice
D)Civil Service Commission
E)Better Business Bureau

Question 16

Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public or private employers of or more persons.

A)5
B)10
C)15
D)50
E)100

Question 17

In what year was the 13th Amendment to the U.S. Constitution ratified?

A)1791
B)1868
C)1776
D)1865
E)1808

Question 18

Members of the EEOC serve terms.

A)3 years
B)5 years
C)10 years
D)indefinite
E)life long

Question 19

Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following except .

A)record keeping
B)psychological testing
C)sexual harassment
D)preemployment inquiries
E)employee selection

Question 20

Payment for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses are called .

A)punitive damages
B)double damages
C)compensatory damages
D)specific performance
E)none of the above

Question 21

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)drug users
C)women
D)qualified individuals
E)all of the above

Question 22

When is harassment on the basis of sex a violation of Title VII?

A)when such conduct has the purpose or effect of substantially interfering with a person's work performance
B)when such conduct has the purpose or effect of creating an intimidating, hostile, or offensive work environment
C)when a crime of violence is motivated by gender
D)both A and B
E)all of the above

Question 23

The greatest number of claims brought under the ADA is related to disabilities.

A)vision
B)hearing
C)mobility impairments
D)mental
E)learning

Question 24

Under the ADA, who holds the responsibility of establishing that an employee has a disability as defined by the ADA?

A)employer
B)Supreme Court
C)EEOC office
D)employee
E)none of the above

Question 25

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)affirmative action
C)business necessity
D)fair in form
E)burden of proof

Question 26

Which of the following is not a principle established by Griggs v. Duke Power Company?

A)business necessity is a defense
B)burden of proof is on the employer
C)performance standards must be clear and ambiguous
D)intent not to discriminate is irrelevant
E)testing must be job-related

Question 27

Which court case was important because its ruling provided details regarding how employers should validate screening tools?

A)Roe v. Wade
B)Burlington Industries v. Ellerth
C)Faragher v. City of Boca Raton
D)Albemarle Paper Company v. Moody
E)Griggs v. Duke Power Company

Question 28

Depression, anxiety disorders, panic disorders, obsessive-compulsive disorders, and personality disorders are examples of under EEOC guidelines.

A)hearing and/or speech impairments
B)mental impairments
C)mobility impairments
D)physical impairments
E)none of the above

Question 29

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)Griggs held a GED
B)high school diplomas were not related to job success as a coal handler
C)no business necessity existed
D)Duke Power Company intended to discriminate against blacks
E)all of the above

Question 30

The prohibits employers with 15 or more workers 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)Vocational Rehabilitation Act of 1973
B)Civil Rights Act of 1991
C)Vietnam Era Veterans' Readjustment Assistance Act of 1974
D)Federal Violence Against Women Act of 1994
E)American with Disabilities Act of 1990

Question 31

What was the name of the landmark case the Supreme Court used to define unfair discrimination?

A)Griggs v. Duke Power Company
B)Meritor Savings Bank FSB v. Vinson
C)Faragher v. City of Boca Raton
D)Roe v. Wade
E)Burlington Industries v. Ellerth

Question 32

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)Biased effect
E)Adverse discrimination

Question 33

If an employee can show that an employer engaged in intentional discrimination with malice or reckless indifference to the federally protected rights of an aggrieved individual, the employee can ask for .

A)job reinstatement
B)compensatory damages
C)punitive damages
D)back pay
E)all of the above

Question 34

According to the Americans with Disabilities Act, which of the following is considered a disability?

A)voyeurism
B)compulsive gambling
C)AIDS
D)homosexuality
E)pyromania

Question 35

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(n)exists.

A)mixed motive
B)disparate impact
C)defense for liability
D)business necessity
E)none of the above

Question 36

The provides that a person who commits a crime of violence motivated by gender and thus deprives another of her rights shall be liable to the party injured.

A)Vocational Rehabilitation Act of 1973
B)Civil Rights Act of 1991
C)Federal Violence Against Women Act of 1994
D)Vietnam Era Veterans' Readjustment Assistance Act of 1974
E)Pregnancy Discrimination Act

Question 37

Who has the heaviest burden when it comes to the burden of proof in discrimination cases?

A)the employer in question
B)the EEO office
C)the employee in question
D)EEOC
E)all of the above

Question 38

If a person is in a protected class, he or she is protected by .

A)Department of Labor
B)Title VII of the Civil Rights Act
C)Better Business Bureau
D)Consumer Protection Act
E)Sarbanes-Oxley Act

Question 39

Intentional discrimination is also called .

A)adverse discrimination
B)quid pro quo
C)disparate treatment
D)disparate impact
E)mixed motive

Question 40

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 employer
B)the plaintiff
C)the courts
D)the defense attorney
E)the EEOC office

Question 41

The formula used by federal agencies to determine disparate rejection rates is based on a selection rate for any racial, ethnic, or sex group less than percent of the rate for the group with the highest rate.

A)25
B)50
C)75
D)80
E)100

Question 42

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)EEOC
B)BFOQ
C)ADA
D)ADEA
E)none of the above

Question 43

Which of the following characteristics could serve as a BFOQ depending on the nature of the job requirements?

A)national origin
B)age
C)gender
D)religion
E)all of the above

Question 44

What is the first step an employee should take to address a problem of sexual harassment?

A)write a letter to the accuser
B)file a verbal complaint with the harasser's boss
C)consult an attorney
D)file a complaint with the human resource director
E)file a complaint with the local EEOC office

Question 45

When harassment is of a serious nature, an employee can consider suing for .

A)compensatory and punitive damages
B)injuctive relief
C)intentional infliction of emotional distress
D)assault and battery
E)all of the above

Question 46

A approach to showing adverse impact means demonstrating that the employer's policy intentionally or unintentionally excluded members of a protected group.

A)population comparisons
B)McDonnell-Douglas test
C)prima facie
D)restricted policy
E)disparate rejection rates

Question 47

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)hostile environment created by co-workers
B)hostile environment created by supervisors
C)hostile environment created by nonemployees
D)quid pro quo
E)none of the above; Shelley is not a victim of sexual harassment

Question 48

Religion may be used as a BFOQ if .

A)an employer does not want to honor an employee's religious holidays
B)hiring a person to teach in a nondenominational school
C)a religious organization requires employees to share their religion
D)all of the above
E)none of the above

Question 49

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 co-workers
C)hostile environment created by nonemployees
D)hostile environment created by supervisors
E)none of the above

Question 50

exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.

A)Unintentional discrimination
B)Prima facie
C)Disparate treatment
D)Disparate impact
E)Adverse impact

Question 51

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)development of a strong sexual harassment policy
C)instituting a sexual harassment reporting process
D)investigating sexual harassment charges promptly
E)all are ways of showing reasonable care

Question 52

The defense of requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable.

A)mixed motive
B)business necessity
C)adverse impact
D)BFOQ
E)none of the above

Question 53

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)Prima facie
C)Adverse impact
D)Unintentional discrimination
E)Disparate impact

Question 54

Which of the following is not a form of sexual harassment according to EEOC guidelines?

A)requests for sexual favors made as a condition of employment
B)unwelcome sexual advances that create an intimidating work environment
C)mutually consensual physical conduct of a sexual nature
D)verbal conduct of a sexual nature which unreasonably interferes with an individual's work performance
E)all are forms of sexual harassment

Question 55

If a person belongs to a protected class, and applied and was qualified for a job for which the employer was seeking applicants, and after rejection, the position remained open and the employer continued to seek applications from persons with the complainant's qualifications, then the can be used to show adverse impact.

A)McDonnell-Douglas test
B)population comparisons
C)disparate rejection rates
D)restricted policy
E)all of the above

Question 56

The approach compares the percentage of the minority/protected group and white workers in the organization with the percentage of the corresponding groups in the labor market.

A)McDonnell-Douglas test
B)restricted policy
C)population comparisons
D)disparate rejection rates
E)all of the above

Question 57

Employers primarily use bona fide occupational qualification (BFOQ)as a defense against charges of discrimination based on .

A)race
B)sexual orientation
C)gender
D)age
E)all of the above

Question 58

Which of the following is a way to show adverse impact?

A)population comparisons
B)restricted policy
C)McDonnell-Douglas test
D)disparate rejection rates
E)all of the above

Question 59

All of the following are ways an employee can prove sexual harassment except .

A)hostile environment created by co-workers
B)quid pro quo
C)hostile environment created by nonemployees
D)hostile environment created by supervisors
E)all are ways an employee can prove sexual harassment

Question 60

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. What form of sexual harassment is this an example of?

A)quid pro quo
B)hostile environment created by co-workers
C)hostile environment created by nonemployees
D)hostile environment created by supervisors
E)This is not sexual harassment.

Question 61

Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public or private employers of 15 or more persons.

Question 62

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

Question 63

Organizations can measure diversity by using .

A)employee attitude surveys
B)equal employment hiring metrics
C)management and employee evaluations
D)focus groups
E)all of the above

Question 64

Firms using make an extra effort to hire and promote those in protected groups.

A)ethical hiring practices
B)diversity management
C)affirmative action
D)BFOQ
E)network groups

Question 65

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

Question 66

Which of the following recruitment practices could be considered discriminatory?

A)refusal to advise some of work opportunities
B)misleading information
C)word of mouth
D)help wanted ads with discriminatory language
E)all of the above

Question 67

All of the following are examples of discriminatory selection standards except .

A)preference to relatives
B)arrest records when security clearance is necessary
C)non-job-related tests
D)height, weight, and physical characteristics
E)educational requirements

Question 68

In O'Connor versus Consolidated Coin Caterers Corp., the Supreme Court held that an employee who is over 40 may sue for discrimination is he or she is replaced by a "significantly younger" employee, even if the replacement is also over 40.

Question 69

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

Question 70

The EEOC describes a(n)as an informal meeting held early in the investigation aimed at defining issues and determining if settlement is possible.

A)fact-finding conference
B)attempted conciliation
C)voluntary mediation
D)negotiation
E)mandatory arbitration

Question 71

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)two years
D)three years
E)five years

Question 72

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.

Question 73

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.

Question 74

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)Affirmative action
B)Equal employment opportunity
C)BFOQ
D)Statements of diversity
E)Diversity management

Question 75

Only an aggrieved individual can file discrimination charges against another.)

Question 76

The EEOC describes a(n)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)attempted conciliation
B)mandatory arbitration
C)voluntary mediation
D)fact-finding conference
E)negotiation

Question 77

The 13th Amendment to the U.S. Constitution states, "no person shall be deprived of life, liberty, or property, without due process of the law."

Question 78

It was the 14th Amendment to the U.S. Constitution that established the EEOC.

Question 79

In Bakke v. Regents of the University of California, the University of California at Davis Medical School denied admission to white student, Allen Bakke, allegedly because of the school's affirmative action quota system, which required that a specific number of openings go to minority applicants. Bakke charged that had occurred.

A)affirmative action
B)racial discrimination
C)quid pro quo
D)sexual harassment
E)reverse discrimination

Question 80

EEOC regulations require that all covered employers keep all personnel or employment records for .

A)six months
B)one year
C)two years
D)three years
E)five years