Deck 2: Equal Opportunity and the Law

Question 1

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

A) First Amendment
B) Fifth Amendment
C) Tenth Amendment
D) Thirteenth Amendment

Answer 1

B
Explanation: B)The Fifth Amendment to the U.S.Constitution (ratified in 1791)states that "no person shall be deprived of life,liberty,or property,without due process of the law." The Thirteenth Amendment (1865)outlawed slavery,and courts have held that it bars racial discrimination.

Question 2

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

A) affirmative action
B) executive orders
C) rehabilitation
D) equal pay rules

Answer 2

A
Explanation: A)Affirmative action refers to steps that are taken for the purpose of eliminating the present effects of past discrimination.The Equal Pay Act of 1963 requires employers to pay equal pay for equal work,and the Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons.

Question 3

Which of the following does NOT participate in the issuance of uniform guidelines?

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

Answer 3

B
Explanation: B)The EEOC,Civil Service Commission,Department of Labor,and Department of Justice together issued uniform guidelines.These set forth "highly recommended" procedures regarding things like employee selection and record keeping.

Question 4

The EEOC was initially established to investigate complaints about ________.

A) job discrimination
B) unfair business practices
C) sexual harassment in schools
D) structural accommodations for disabled people

Question 5

According to Title VII of the 1964 Civil Rights Act,which of the following employers would be legally allowed to refuse employment to an individual based on race,religion,or sex?

A) a state agency with 65 employees
B) a medical office with 25 employees
C) a local restaurant with 10 employees
D) a department store with 100 employees

Question 6

The 13th Amendment to the U.S.Constitution addresses the subject of ________.

A) due process
B) slavery
C) private property
D) trial by jury

Question 7

How many members serve on the Equal Employment Opportunity Commission?

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

Question 8

Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________.

A) race
B) religion
C) color
D) sexual orientation

Question 9

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
C) production quality
D) production quantity

Question 10

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

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

Question 11

Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection and record keeping?

A) job specifications
B) employment metrics
C) process charts
D) uniform guidelines

Question 12

The ________ requires certain federal contractors to take affirmative action for disabled persons.

A) Equal Pay Act
B) Vocational Rehabilitation Act
C) Americans with Disabilities Act
D) Civil Rights Act

Question 13

Which of the following appoints the members of the EEOC?

A) U.S. Congress
B) U.S. Supreme Court
C) U.S. President
D) U.S. voters

Question 14

Which of the following requires equal pay for equal work regardless of sex?

A) Title VII of the 1964 Civil Rights Act
B) Equal Pay Act of 1963
C) Pay Discrimination in Employment Act of 1967
D) Civil Rights Act of 1991

Question 15

Which legislation was responsible for the creation of the Equal Employment Opportunity Commission?

A) Equal Pay Act of 1963
B) Civil Rights Act of 1866
C) Executive Orders 11246 and 11375
D) Title VII of the 1964 Civil Rights Act

Question 16

Which of the following is responsible for implementing Executive Orders 11246 and 11375 that were issued by the Johnson administration?

A) Equal Employment Opportunity Commission
B) Pension Benefits Guarantee Corporation
C) Occupational Safety and Health Administration
D) Office of Federal Contract Compliance Programs

Question 17

The ________ Amendment to the U.S.Constitution outlawed slavery,and courts have held that it bars racial discrimination.

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

Question 18

Paul is a 49-year-old American of Anglo-Saxon descent.What legislation is most likely intended to protect Paul from discrimination?

A) Executive Order 11375
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967

Question 19

According to the Age Discrimination in Employment Act of 1967,it is unlawful to ________.

A) sue an employer for age-based pay
B) require employees to retire at age 65
C) allow juries to determine age discrimination
D) institute a minimum age for employees

Question 20

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

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

Question 21

Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws?

A) Brown v. Board of Education
B) Griggs v. Duke Power Company
C) West Coast Hotel Co. v. Parrish
D) Abington School District v. Schempp

Question 22

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

A) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) Pregnancy Discrimination Act
D) Vocational Rehabilitation Act of 1973

Question 23

According to the Americans with Disabilities Act,which of the following would NOT be considered a disability?

A) cosmetic disfigurement
B) anatomical loss
C) pyromania
D) AIDS

Question 24

Which of the following requires employers to make reasonable accommodations for disabled employees?

A) Civil Rights Act of 1991
B) Americans with Disabilities Act of 1990
C) Vocational Rehabilitation Act of 1973
D) Disability Discrimination in Employment Act of 1967

Question 25

Which of the following will be the most likely result of the ADA Amendments Act of 2008?

A) Employees will find it easier to prove that their disabilities are limiting.
B) The number of major life activities considered disabilities will be narrowed.
C) Employers will be required to make fewer accommodations for workers with disabilities.
D) Employers will be required to hire a specific percentage of disabled workers to be in compliance.

Question 26

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?

A) employee
B) employer
C) judge
D) EEOC

Question 27

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

Question 28

Under ADA,those who can carry out the essential functions of the job are known as which of the following?

A) protected class
B) career anchors
C) staff authorities
D) qualified individuals

Question 29

All of the following are principles established by Griggs v.Duke Power Company EXCEPT ________.

A) burden of proof is on the employer
B) performance standards should be unambiguous
C) business necessity is a defense for an existing program
D) discrimination does not have to be overt to be illegal

Question 30

An employer that uses a screen-reading program to meet the needs of a blind employee is most likely ________.

A) making a reasonable accommodation
B) fulfilling job analysis requirements
C) identifying essential job functions
D) complying with Title VII rules

Question 31

All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________.

A) the verbal remarks of a co-worker were sexually flirtatious
B) the rejection of a supervisor's sexual advances led to a demotion
C) a hostile work environment was created by a co-worker's sexual conversation
D) a hostile work environment was created by a nonemployee's sexual advances

Question 32

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

A) unwelcome sexual advances that create an intimidating work environment
B) verbal conduct of a sexual nature that unreasonably interferes with work performance
C) physical conduct of a sexual nature that creates an offensive work environment
D) mutually consensual physical conduct of a sexual nature between co-workers

Question 33

In Griggs v.Duke Power Company,Griggs sued the power company because it required coal handlers to be high school graduates.The Supreme Court ruled in favor of Griggs because ________.

A) high school diplomas were not related to success as a coal handler
B) Duke Power Company intentionally discriminated based on race
C) no business necessity existed for Duke Power Company
D) Title VII forbids job testing

Question 34

Which of the following best explains why employers win the majority of ADA cases?

A) Employers make the necessary reasonable accommodations for employees.
B) Employees fail to prove that their disabilities affect daily living activities.
C) Conservative judges are sympathetic towards most small-business owners.
D) Employee attorneys fail to draw connections between Title VII and ADA.

Question 35

In which of the following situations does sexual harassment NOT violate Title VII?

A) if the conduct substantially interferes with a person's work performance
B) if the conduct creates an intimidating work environment
C) if the conduct is motivated by both age and gender
D) if the conduct creates an offensive work environment

Question 36

Which type of disability accounts for the greatest number of ADA claims?

A) drug-related
B) mental
C) vision
D) hearing

Question 37

According to the Civil Rights Act of 1991,an employee who claims intentional discrimination can sue for all of the following EXCEPT ________.

A) back pay
B) job reinstatement
C) compensatory damages
D) substantive consolidation

Question 38

If a person is in a protected class,he or she is protected by which of the following?

A) Department of Labor guidelines
B) Sarbanes-Oxley Act
C) Title VII of the Civil Rights Act
D) Consumer Protection Act

Question 39

Which court case provided details regarding how employers could validate the relationship between screening tools and job performance?

A) West Coast Hotel Co. v. Parrish
B) Albemarle Paper Company v. Moody
C) Griggs v. Duke Power Company
D) Burlington Industries v. Ellerth

Question 40

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.Which of the following most likely exists in this situation?

A) mixed motive
B) disparate impact
C) liability defense
D) burden of proof

Question 41

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

A) religion
B) age
C) gender
D) nationality

Question 42

Which of the following is used by lawyers in disparate impact cases to show intentional disparate treatment?

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

Question 43

Which of the following involves comparing the percentage of the minority/protected group and white workers in an organization with the percentage of the corresponding group in the labor market?

A) personnel population comparison approach
B) restricted policy comparison method
C) population comparisons approach
D) McDonnell-Douglas test

Question 44

Sanders Sporting Goods,an international sporting goods chain,is being sued for sexual harassment by a former Sanders employee.The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker.The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following,if true,would most likely undermine the plaintiff's claim that Sanders is liable for the male employee's conduct?

A) The male employee physically threatened the plaintiff on three occasions.
B) The male employee made sexual advances towards the plaintiff on a daily basis.
C) The male employee was required by HR to participate in a sexual harassment awareness course.
D) The male employee's conduct significantly interfered with the plaintiff's ability to perform her job.

Question 45

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) BARS
B) ADEA
C) EEOC
D) BFOQ

Question 46

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) 40
B) 60
C) 80
D) 100

Question 47

Judy was up for a promotion at Simpson Consulting 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 of the following would Judy most likely be able to prove in court if she decided to sue Simpson Consulting?

A) hostile environment created by supervisors
B) hostile environment created by co-workers
C) disparate treatment
D) quid pro quo

Question 48

Which of the following refers to the overall effect of employer practices that result in significantly higher percentages of members of protected groups being rejected for employment,placement,or promotion?

A) disparate treatment
B) disparate impact
C) adverse impact
D) prima facie

Question 49

Sanders Sporting Goods,an international sporting goods chain,is being sued for sexual harassment by a former Sanders employee.The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker.The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. All of the following are most likely relevant questions to address in this court case EXCEPT ________.

A) Does Sanders have a record of employees who claim disparate treatment in the work place?
B) Did Sanders take reasonable care to prevent sexual harassment in the work place?
C) Does Sanders have a policy statement regarding sexual harassment?
D) Is the male co-worker a U.S. citizen and is Sanders a U.S. entity?

Question 50

According to ________,an employer can claim that an employment practice is a bona fide occupational qualification for performing the job.

A) Title VII of the 1964 Civil Rights Act
B) Vocational Rehabilitation Act of 1973
C) Executive Orders 11246 and 11375
D) 1972 Equal Opportunity Act

Question 51

Sanders Sporting Goods,an international sporting goods chain,is being sued for sexual harassment by a former Sanders employee.The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker.The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following,if true,would best support the plaintiff's argument that Sanders is liable for sexual harassment?

A) Sanders re-published its sexual harassment policy twice within the last year.
B) The HR department at Sanders has records of the plaintiff's initial complaints.
C) Sanders lacks a management response system for handling sexual harassment complaints.
D) Sanders recently lost a court case filed by former employees who claimed disparate treatment.

Question 52

One of Alexis' male co-workers has been making sexually suggestive comments to Alexis about her clothing and her appearance,which makes Alexis feel uncomfortable at work.What is the first step Alexis should take to address the problem?

A) filing a complaint with the local EEOC office
B) filing a verbal complaint with the harasser's boss
C) writing a letter to the accused
D) consulting an attorney

Question 53

All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________.

A) informing all employees about sexual harassment investigations
B) communicating the sexual harassment reporting procedure
C) developing a clear policy regarding sexual harassment
D) investigating sexual harassment charges promptly

Question 54

In which of the following jobs would gender most likely be appropriate to use as a BFOQ?

A) fire fighter in a metropolitan fire department
B) prison guard at a federal penitentiary
C) teacher at a private, all-girls school
D) actor in a toothpaste commercial

Question 55

All of the following are ways that an employee or job applicant can show adverse impact EXCEPT ________.

A) comparing disparate rejection rates
B) holding a fact-finding conference
C) utilizing population comparisons
D) using the standard deviation rule

Question 56

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

Question 57

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 decides to quit her job rather than endure the jokes any longer.What form of sexual harassment has Shelley experienced?

A) quid pro quo
B) hostile environment created by supervisors
C) hostile environment created by co-workers
D) hostile environment created by nonemployees

Question 58

Which defense requires showing that there is an overriding company-related purpose for a discriminatory practice and that the practice is therefore acceptable?

A) prima facie
B) business necessity
C) adverse impact
D) mixed motive

Question 59

Which of the following is a true statement regarding U.S.EEO laws and international employees?

A) U.S. EEO laws apply to jobs located outside the U.S. when the employer is a foreign entity and the employee is a U.S. citizen.
B) U.S. EEO laws do not apply to jobs located inside the U.S. when the employer is a foreign entity and the employee is a foreign citizen.
C) U.S. EEO laws apply to foreign citizens in jobs located outside the U.S. if the employer is a U.S. entity.
D) U.S. EEO laws apply inside the U.S. when the employer is a U.S. entity and the employee is a foreigner legally authorized to work in the U.S.

Question 60

Which of the following tests for adverse impact involves demonstrating that the employer's policy either intentionally or unintentionally excludes members of a protected group?

A) McDonnell-Douglas test
B) BFOQ approach
C) systemic method
D) restricted policy

Question 61

All of the following recruitment practices are potentially discriminatory EXCEPT ________.

A) spreading information about job openings through word-of-mouth among a firm's predominantly Hispanic workforce
B) providing misleading information to Asian and Indian job applicants
C) posting help wanted ads that specify young, male applicants
D) posting job advertisements only in local newspapers

Question 62

The 14th Amendment to the U.S.Constitution led to the establishment of the EEOC.

Question 63

In Bakke v.Regents of the University of California,which of the following claims was made by Allen Bakke?

A) sexual harassment
B) racial discrimination
C) reverse discrimination
D) affirmative action

Question 64

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) fact-finding conference
B) voluntary mediation
C) mandatory arbitration
D) alternative dispute resolution

Question 65

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 66

The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate against employees of federal,state,and local agencies who are between 40 and 65 years of age; however,the law does not apply to private businesses.

Question 67

Which of the following is most likely an example of a discriminatory selection standard?

A) measuring a software designer applicant's knowledge about a computer language
B) requiring a high school teacher applicant to have a four-year college degree
C) requiring engineer applicants to meet specific height standards
D) asking prison guard applicants to reveal their arrest records

Question 68

The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months.In addition,applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane.A four-year college degree is also required.Jeff Sanchez,who is Hispanic,applied for a position as a pilot and was rejected because he has a degree from a 2-year college and only 2,000 hours of flight experience.Jeff is suing Western Airlines for discriminatory hiring practices. Which of the following statements is most likely relevant to this court case against Western Airlines?

A) Most pilots at Western Airlines belong to labor unions and are involved in collective bargaining arrangements detrimental to the industry.
B) The job requirements for pilots at Western Airlines are a business necessity due to the human risks associated with hiring unqualified applicants.
C) The Age Discrimination in Employment Act prevents firms, such as Western Airlines, from discriminating when age is a BFOQ.
D) As a global firm, Western Airlines can easily establish a prima facie case of discrimination based on race.

Question 69

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

Question 70

The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months.In addition,applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane.A four-year college degree is also required.Jeff Sanchez,who is Hispanic,applied for a position as a pilot and was rejected because he has a degree from a 2-year college and only 2,000 hours of flight experience.Jeff is suing Western Airlines for discriminatory hiring practices. Which of the following,if true,best supports Western Airlines' defense?

A) At Western Airlines, turnover is high among minority employees working as pilots and flight attendants.
B) Recent experiences with college recruiting have led Western Airlines to increase the percentage of its minority pilots.
C) The total number of hours spent flying a commercial airline is a valid predictor of performance for most Western Airlines pilots.
D) Western Airlines bases its selection tests and hiring practices on industry guidelines for commercial pilots.

Question 71

Only an aggrieved individual can file job discrimination charges against a business.

Question 72

What is the most common next step in the EEOC enforcement process after a person files an employment discrimination claim?

A) The EEOC either accepts or refers the charge.
B) The two parties are required to participate in mediation.
C) A commission investigates the claim in an open-meeting.
D) The employer and EEOC bring a civil suit in a federal district court.

Question 73

Title VII forbids the testing or screening of job applicants because testing systematically discriminates against certain protected classes.

Question 74

Discrimination is a bias toward prejudging someone based on that person's trait.

Question 75

Which of the following would LEAST likely foster diversity in the workplace?

A) changing the culture through diversity training education programs
B) appointing a small group of minorities to high-profile positions
C) recruiting minority members to the board of directors
D) using metrics to evaluate diversity programs

Question 76

A workforce comprised of two or more groups of employees with various racial,gender,cultural,handicap,age,and religious backgrounds is best described as ________.

A) competitive
B) ethnocentric
C) globalized
D) diverse

Question 77

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 78

If a business offers its employees disability coverage,then pregnancy and childbirth must be treated like any other disability and included in the plan as a covered condition.

Question 79

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

Question 80

Which of the following refers to an informal meeting held early in an EEOC enforcement investigation that attempts to define issues and determine if settlement is possible?

A) voluntary mediation
B) fact-finding conference
C) collective bargaining
D) mandatory arbitration