Deck 3: Understanding Equal Opportunity and the Legal Environment

Question 1

On average,in 2010,women earned how much for each dollar earned by men?

A) $.64
B) $.71
C) $.83
D) $.98

Answer 1

C

Question 2

The Vocational Rehabilitation Act of 1973 resembles Executive Order 11246 in what way?

A) They both require employers to make accommodations at any expense for disabled workers.
B) They both mandate that ideal behavior strategy be implemented in all decisions regarding employment and termination of employment.
C) They both require that covered organizations have an affirmative action plan to promote the employment of the respective protected groups.
D) They both are enforced by the Equal Employment Opportunity Commission (EEOC).

Answer 2

C

Question 3

Title VII of the Civil Rights Act applies to labor unions,employment agencies,and employers who have at least ________ employees.

A) 10
B) 15
C) 25
D) 50

Answer 3

B

Question 4

A fully functioning and competent Human Resource Department can replace the need for any legal advice on employment discrimination issues.

Question 5

Which of the following compensation possibilities is NOT permissible under the Equal Pay Act?

A) Paying a man more than a woman when they are performing the same job in the same organization
B) Enforcing a seniority plan that pays a woman more per year if she has been with the company longer than a man
C) Paying a male employee more than a female employee if he has more responsibility and more job duties than she does
D) Paying a woman more than a man if she is living in a different geographical region in which the cost of living is considerably more than the region in which the male employee is living

Question 6

All of the following are HR responsibilities EXCEPT:

A) monitoring the company's HR decisions.
B) rendering official legal opinions.
C) maintaining employment records.
D) implementing HR policies.

Question 7

The majority of Americans with Disabilities Act claims have been filed by:

A) job applicants denied employment.
B) pregnant women dismissed from work.
C) current employees injured on the job.
D) older workers nearing retirement.

Question 8

The landmark civil rights case that placed the burden of proof on employers in employment discrimination cases was Griggs vs.Duke Power.

Question 9

Which of the following is NOT a member of a protected class?

A) Sheena Thomas, a 25-year-old African-American woman
B) Mark Chung, a 37-year-old Asian-American with a dependent child
C) Gib Johnson, a 38-year-old Caucasian male, Persian Gulf War veteran
D) Peggy Sue Smith, a 47-year-old Caucasian female, naturalized U.S. citizen

Question 10

Cody is a middle manager with Corwell Corporation.When on a business trip with other middle managers,Cody is required to fly coach while the other middle managers fly first class.Cody is Hispanic,while his boss and the other managers are African-American.This is most likely an example of:

A) adverse impact.
B) disparate impact.
C) disparate treatment.
D) affirmative action.

Question 11

The Equal Pay Act permits pay distinctions based on certain factors.Which of the following is NOT one of those factors?

A) Gender
B) Merit system
C) Seniority system
D) Production quality

Question 12

Dorothy discovers that her employer is paying female managers about 15% less than male managers with the same responsibilities.Dorothy's employer is violating:

A) Title VII of the Civil Rights Act.
B) the Civil Rights Act of 1991.
C) Executive Order 11246.
D) the Equal Pay Act.

Question 13

Booker International keeps employee records,including their national origin and gender,because the firm has overseas customers who are concerned about these issues.This practice by Booker International is a violation of which law?

A) Equal Pay Act
B) Americans with Disabilities Act
C) Immigration and Naturalization Act
D) Title VII of the Civil Rights Act of 1964

Question 14

Which statement is true regarding ideal behavior strategy and affirmative action strategy?

A) Affirmative action asserts that employment decisions should be based solely on race, religion, and national origin. Ideal behavior asserts that such criteria should be only partially considered.
B) Affirmative action is illegal in most states, while ideal behavior strategy is legal and encouraged in all large companies.
C) Affirmative action asserts that employment decisions should be partially based on race, religion, and national origin. Ideal behavior strategy asserts that employment decisions should ignore such criteria.
D) Ideal behavior strategy has been upheld by the Supreme Court. Affirmative action is legal during layoffs but not in other employment situations.

Question 15

HR legal environments are constantly changing.The court case that set the standard to place the burden of proof in employment discrimination on the company was:

A) Wards Cove Packing vs. Antonio.
B) Albemarle Paper Company vs. Moody.
C) Washington vs. Davis.
D) Griggs vs. Duke Power.

Question 16

The Equal Pay Act of 1963:

A) permits pay differences for quality and quantity of production.
B) requires that gender be considered on compensation issues.
C) eliminated pay plans based on seniority.
D) prohibits the use of merit pay plans.
E) has resulted in an increasing compensation gap between men and women.

Question 17

There are a number of compliance challenges HR faces.Identify and explain at least four.

Question 18

Based on Supreme Court rulings,it is best to say that employers may:

A) make employment decisions based solely on affirmative action criteria.
B) never use affirmative action criteria for making employment decisions.
C) base employment decisions partially on affirmative action criteria.
D) always use affirmative action criteria in layoff situations.

Question 19

Refer to Additional Case 3.1.As HR Director,you would most likely inform the CEO that the firm's current promotion test is:

A) causing disparate treatment.
B) violating the Equal Pay Act.
C) violating BFOQ guidelines.
D) causing an adverse impact.

Question 20

Typical awards for age,sex,or disability discrimination range from $50,000 to $300,000 depending on the size of the employer.

Question 21

An employer can defend an employment practice that might otherwise be discriminatory if the employer:

A) employs fewer than 100 employees.
B) can demonstrate that at least four-fifths of employees are from protected classes.
C) is foreign held and only the plant is in the United States.
D) can demonstrate the job-relatedness of the criteria governing the job.

Question 22

Myrna is a fifty-year-old technical professional.She has worked for her company for over 15 years.She is Serbian by birth,but looks black because of her dark pigmentation.Myrna's new boss dislikes her for personal reasons.In meetings,he makes disparaging remarks about Serbians.In a recent argument,he cursed at her and called her an offensive name.On two occasions,he has refused to travel with her on business.What Myrna is experiencing would most likely be classified as ________ by the EEOC.

A) sexual harassment
B) harassment
C) quid pro quo harassment
D) adverse impact

Question 23

Which term refers to fines awarded to a plaintiff for psychological harm the plaintiff suffers?

A) Punitive damages
B) Disciplinary fines
C) Restorative justice
D) Compensatory damages

Question 24

If a woman has been subjected to undesirable and offensive sexual behavior by customers in the workplace,she has most likely been a victim of:

A) quid pro quo sexual harassment.
B) harassment.
C) discrimination.
D) hostile work environment sexual harassment.

Question 25

During a conversation about a promotion with his boss,George is told that if he will meet her at the Slumberland Motel and spend the night with her,he will get the promotion.This is most likely an example of:

A) a hostile work environment.
B) harassment.
C) illegal employment discrimination.
D) "quid pro quo" sexual harassment.

Question 26

Collette has worked for Organix Creamery for 12 years.The company has internal procedures for reporting sexual harassment problems.Recently,Collette has been experiencing sexual harassment from a new supervisor.She immediately files a complaint with the EEOC.It is likely that Organix Creamery will:

A) have to pay punitive and compensatory damages because Collette filed an EEOC complaint.
B) have to pay only compensatory damages to Collette.
C) have a good defense because Collette did not first report the problem to management.
D) have to revise its zero-tolerance sexual harassment policy.

Question 27

Executive Order 11246:

A) was incorporated into Title VII of the Civil Rights Act of 1964.
B) laid the groundwork for the eventual passage of the Americans with Disabilities Act.
C) required organizations with at least 50 employees to set up affirmative action programs.
D) required all firms with at least 50 employees to establish EEOC policies and procedures.

Question 28

The Civil Rights Act of 1991 had several important effects on Title VII,such as:

A) placing the burden of proof on the employee.
B) including people with disabilities as a protected class.
C) permitting plaintiffs to collect damages as well as back pay.
D) setting aside the standard of proof established in the Griggs case.

Question 29

Which of the following is a characteristic of adverse impact?

A) Neutral actions
B) Prejudiced actions
C) Unequal treatment
D) Direct discrimination

Question 30

Theresa Gomez has brought discrimination charges against Paper Makers,Inc.and has established a prima facie case based on the four-fifths rule.What most likely happens next?

A) Theresa must contact the EEOC for a right-to-sue letter.
B) Paper Makers, Inc. must now prove that the discrimination did not occur.
C) Theresa must prove that she is qualified for the position and was discriminated against simply because of her gender.
D) Paper Makers, Inc. must prove that it has been meeting the four-fifths rule for all other protected groups.

Question 31

The Wards Cove Packing Co.vs.Antonio case affected discrimination suits by:

A) allowing plaintiffs to collect back pay awards.
B) stressing the importance of BFOQ as a defense.
C) placing more of the burden of proof on the plaintiff.
D) challenging the fairness and necessity of the four-fifths rule.

Question 32

B.J.is among a group of 25 applicants for a manager's position.As part of the selection process,all applicants take an exam.It is apparent from the results that African-American applicants tend to score lower than any other subgroup.B.J.is African-American and not selected because of his test score.B.J.may have grounds to sue due to:

A) disparate treatment.
B) adverse impact.
C) a violation of Executive Order 11246.
D) a violation of the Vocational Rehabilitation Act.

Question 33

In order to decide whether verbal and other nonphysical behavior of a sexual nature create a hostile work environment,which of the following is LEAST important to consider?

A) The age and gender of the employee
B) Whether the conduct interferes with the employee's work performance
C) The frequency of the discriminatory conduct
D) Whether the conduct is physically threatening or humiliating

Question 34

Discrimination on the basis of pregnancy was explicitly prohibited by the:

A) 1964 Civil Rights Act.
B) Pregnancy Discrimination Act of 1978.
C) 1991 Civil Rights Act.
D) Sexual Harassment Act of 1988.

Question 35

The Civil Rights Act of 1991 prohibited:

A) quotas.
B) affirmative action plans.
C) jury trials in sexual harassment suits.
D) punitive and compensatory damage payments.

Question 36

SkySeekers,Inc.uses an employment test that seems to screen out a disproportionate number of young Asian-American women.If true,this practice would be an example of:

A) the four-fifths rule.
B) adverse impact.
C) disparate treatment.
D) unequal treatment.

Question 37

A charter bus company requires drug tests of all its drivers prior to every charter.As a consequence of this testing,accident rates have fallen by 75%.This test seems to screen out more young minority males than any other group or protected class.This drug test is most likely:

A) an example of disparate treatment.
B) illegal because of adverse impact on a protected class.
C) a prima facie case of discrimination based on race.
D) legally defensible as a reasonable business necessity.

Question 38

When handling a sexual harassment investigation,managers should most likely do all of the following to minimize liability EXCEPT:

A) contacting witnesses.
B) interviewing the alleged harasser.
C) responding within three to five days of the complaint.
D) determining what result or response the employee is seeking.

Question 39

The Supreme Court case,Albemarle Paper Company vs.Moody,ruled that:

A) the four-fifths rule must be applied in only selective cases of clear discrimination.
B) employment tests must be valid predictors of job performance.
C) disparate treatment is illegal.
D) age discrimination is illegal.

Question 40

Which of the following was established by the Oncale case?

A) Women's sexual harassment of men can be the basis for a sexual harassment lawsuit.
B) Men's sexual harassment of women is not the basis for a sexual harassment lawsuit if the woman doesn't report the conduct until after she is no longer an employee at the company in question.
C) Same-sex harassment can be the basis for a sexual harassment lawsuit.
D) Unlawful harassment consists of any verbal or physical conduct that shows hostility towards an individual in the work environment.

Question 41

A firm is required to abide by executive orders when it has:

A) at least 10 employees and earns over $50,000 a year.
B) previous EEOC violation complaints.
C) pending discrimination trials.
D) government contracts.

Question 42

Additional Case 3.1
You have been hired as HR Director of a company with about 100 employees. As you begin to learn about the company, you discover that female managers are paid about 20% less than their male counterparts. When you ask why, the CEO explains that men have families to support and women are earning extra income. As you review personnel files, it becomes apparent that protected-class employees are promoted less often and have longer terms between promotions and raises than white employees. A test is used as part of the promotion process, and protected-class candidates always do about 25% worse on it than white candidates. Another test is used to screen job applicants. It screens out about 25% of white male applicants and about 50% of protected-class applicants.
The firm has a hazardous products division. Traditionally, women are not hired or promoted into that division because the CEO is concerned that the toxic nature of the production process will adversely affect the female employees' reproductive processes.
Refer to Additional Case 3.1.As the HR Director,you are meeting with the CEO to discuss manager compensation.You should most likely advise the CEO that:

A) the company is in violation of Title VII of the Civil Rights Act of 1964.
B) the firm faces legal liability for violations of the Equal Pay Act of 1963.
C) the OFCCP is probably monitoring the firm's lack of compliance and will soon be filing a lawsuit.
D) what the company is doing isn't right, but it is legal since it started before the passage of relevant legislation.

Question 43

Ralph is wheelchair-bound.After a construction injury,he attended vocational school and was trained to be a telemarketer.He has an interview for a telephone marketing position for which he is fully qualified.When he arrives,he realizes that the interview office is located on the third floor of a building without an elevator.He calls and explains his problem,but the interviewer refuses to change the appointment or location.Has management made a decision that makes the firm legally liable for discrimination under the ADA?

A) No, because Ralph cannot get to the job location.
B) Yes, because being wheelchair-bound disqualifies Ralph from the job.
C) No, because the employer didn't know Ralph was disabled when scheduling the interview.
D) Yes, because the employer is required to accommodate Ralph for the employment interview.

Question 44

ADA claims are primarily filed for:

A) visual impairments.
B) speech impediments.
C) emotional impairments.
D) drug and alcohol addiction.

Question 45

Additional Case 3.2
You have recently been hired as the HR Director of a mid-sized architectural service company that designs buildings for both private firms and federal agencies. Your predecessor lost her job when she did not anticipate and handle an HR-based lawsuit to the CEO's satisfaction. The CEO believes that HRM should help the company avoid problems. As HR Director, you have three primary tasks: to anticipate future problems, advise management, and be an advocate for employees. Your boss doesn't see a conflict in these roles.
The upper-management team consists of all males who are over the age of 50. Most of the upper-level managers have been with the company for at least 25 years. Middle managers, who are mostly in their 30s, are 40% female, and 3% minority. Hourly employees are 60% minority and 35% female. The communities from which the firm hires hourly employees is approximately 75% minority and consists primarily of Haitians and Hispanics.
You discover many incomplete employee recruitment records that lack I-9 forms. You immediately begin to work on an affirmative action plan because of what you see happening in the company.
Refer to Additional Case 3.2.Which of the following is most likely true about this firm?

A) A quid pro quo sexual harassment case could be made against the firm.
B) The firm is in compliance with the Immigration Reform and Control Act.
C) A prima facie case for discrimination could be made using the four-fifths rule.
D) The firm is guilty of reverse discrimination.

Question 46

Studies show that making reasonable accommodations for disabled applicants and employees:

A) bankrupts most small companies.
B) adds nearly 10% to product costs.
C) requires no money in 20% of all cases.
D) generally costs $5,000-$10,000 per employer.

Question 47

Tyrone is an African-American freelance music composer.He has not held a regular job due to mental stress since his involvement,as a reservist,in the Persian Gulf War.He is seeking a jingle-writing position with an advertising firm.While Tyrone does read and write,he composes by ear.He cannot read music,he records his songs on a tape,and his wife transcribes the recorded music into sheet music.The central requirement of this job is that the composer be able to read music because the employee must work with client ideas and music ideas from other staff.Tyrone is not hired because he cannot read music.Has management made a decision that makes the firm legally liable for discrimination under the ADA?

A) Yes, because a major life function is impaired and that impairment prevented him from receiving the job.
B) No, because no major life activity is impaired. He cannot read music, but he can read.
C) Yes, because the company could have rewritten the job description to accommodate his disability.
D) No, because the requirement to read music is a secondary requirement of the job.

Question 48

Your business is a government contractor.To begin your affirmative action plan,you start with a utilization analysis.What is your first step in conducting this analysis?

A) Determining the percentage of protected classes in the available labor market
B) Dividing all of the jobs in your business into classifications
C) Assessing the percentage of persons from all protected classes working in your business
D) Determining if your company is violating the four-fifths rule

Question 49

When creating an affirmative action plan,the central concern is:

A) determining how many of each protected class to hire.
B) determining how much preference to give members of the underutilized protected class.
C) analyzing the impact of the plan on nonprotected classes in light of recent court decisions regarding reverse discrimination.
D) setting up the appropriate barriers to nonprotected class applicants.

Question 50

Which of the following is required to have an affirmative action plan?

A) International corporations
B) Private firms with at least 100 employees
C) Government agencies
D) Private firms with at least 25 employees

Question 51

Additional Case 3.1
You have been hired as HR Director of a company with about 100 employees. As you begin to learn about the company, you discover that female managers are paid about 20% less than their male counterparts. When you ask why, the CEO explains that men have families to support and women are earning extra income. As you review personnel files, it becomes apparent that protected-class employees are promoted less often and have longer terms between promotions and raises than white employees. A test is used as part of the promotion process, and protected-class candidates always do about 25% worse on it than white candidates. Another test is used to screen job applicants. It screens out about 25% of white male applicants and about 50% of protected-class applicants.
The firm has a hazardous products division. Traditionally, women are not hired or promoted into that division because the CEO is concerned that the toxic nature of the production process will adversely affect the female employees' reproductive processes.
Refer to Additional Case 3.1.As HR Director,you should most likely inform the CEO that the company policy prohibiting women from working in the hazardous waste products division is:

A) a wise company policy to limit potential liability from women filing suit over birth defects.
B) well-meaning but illegal due to the 1978 amendment to Title VII of the Civil Rights Act.
C) illegal according to the Supreme Court decision of Griggs vs. Duke Power.
D) creating an adverse impact on women employees.

Question 52

The Age Discrimination in Employment Act of 1967 was amended in 1986 to:

A) remove the upper age limit.
B) raise the retirement age to 70.
C) require age quotas for federal contractors.
D) include employers with fewer than 15 employees.

Question 53

The Vietnam Era Veterans Readjustment Act:

A) prohibits federal contractors from discriminating against Vietnam-era veterans.
B) prohibits all employers from discriminating against Vietnam-era veterans.
C) added military service to the Civil Rights Act of 1964 as a criterion for protected classes.
D) instituted drug testing and opened the door for later drug testing of all employees.

Question 54

Which of the following prohibits employers from discriminating on the basis of age when providing benefits?

A) Age Discrimination and Retirement Act
B) Older Workers Protection Act
C) 1991 Civil Rights Act
D) Executive Order 11246

Question 55

A company needs to hire a telephone customer service representative.The job is 100% telephone contact with customers and requires the ability to speak clearly and quickly due to high call volume.It also requires the ability to use a computer and to think and solve problems independently of supervision.Pauline,who is bright and experienced with computers,has a speech impediment that makes enunciation difficult and slow for her.She has an excellent track record for working unsupervised at previous jobs.Pauline is not hired due to the speech impediment.Has management made a decision that makes the firm legally liable for discrimination under the ADA?

A) Yes, because she has a major life activity impairment.
B) No, because the speech requirement is a marginal job duty.
C) Yes, because she is disqualified solely due to the impediment.
D) No, because the speech requirement is an essential task that cannot be accommodated.

Question 56

The Americans with Disabilities Act applies to any employer with at least ________ employees.

A) 10
B) 15
C) 25
D) 50

Question 57

The legislation that laid the foundation for the Americans with Disabilities Act was the:

A) Vocational Rehabilitation Act.
B) Civil Rights Act of 1964.
C) Age Discrimination in Employment Act.
D) Equal Pay Act.

Question 58

Additional Case 3.1
You have been hired as HR Director of a company with about 100 employees. As you begin to learn about the company, you discover that female managers are paid about 20% less than their male counterparts. When you ask why, the CEO explains that men have families to support and women are earning extra income. As you review personnel files, it becomes apparent that protected-class employees are promoted less often and have longer terms between promotions and raises than white employees. A test is used as part of the promotion process, and protected-class candidates always do about 25% worse on it than white candidates. Another test is used to screen job applicants. It screens out about 25% of white male applicants and about 50% of protected-class applicants.
The firm has a hazardous products division. Traditionally, women are not hired or promoted into that division because the CEO is concerned that the toxic nature of the production process will adversely affect the female employees' reproductive processes.
Refer to Additional Case 3.1.For your company's recruiting test to pass the four-fifths rule,about ________ of employees would need to pass it.

A) 40%
B) 50%
C) 60%
D) 75%

Question 59

Once the utilization analysis has been completed,what is the next step in developing an affirmative action plan?

A) Setting goals for correcting the underutilization of protected class groups
B) Recruiting protected-class members for available positions
C) Redesigning jobs so that underrepresented workers are more likely to be qualified
D) Determining the percentage of protected classes in the available labor market

Question 60

For a disabled employee to be protected by the ADA,the:

A) disability must be due to cultural or economic disadvantage.
B) disability must impair a major life activity.
C) employee must have been employed for at least 90 days.
D) employer must be a federal contractor.

Question 61

Title IX prohibits discrimination within educational institutions.

Question 62

Wards Cove Packing vs.Antonio placed the burden of proof of discrimination on the plaintiff,but the Civil Rights Act of 1991 returned the burden of proof to the employer.

Question 63

A protected class is any group of people who suffered discrimination in the past,such as Asian-Americans,African-Americans,and women.

Question 64

Hostile work environment sexual harassment occurs when sexual activity is required in return for keeping a job.

Question 65

It is permissible to make employment decisions entirely on the basis of race,age,and sex if such actions rectify past inequities.

Question 66

An important tool for proving a prima facie case of adverse impact is the four-fifths rule.

Question 67

Additional Case 3.3
Tyra has been the head of HR at SPI for 20 years. During her time there, she has instituted an internal EEO complaint resolution process and a no-tolerance policy for sexual harassment.
Many SPI employees are Asian immigrants, but there are half a dozen countries represented within the company. Such diversity benefits the firm because many of the firm's product manuals are translated into foreign languages.
Due to an increase in product demand, SPI needs to hire many new employees. Tyra has received 70 applications for positions in the production department. She hires 60% of the white applicants and 25% of the African-Americans applicants.
Refer to Additional Case 3.3.An applicant for a type-setting job at SPI does not meet the minimum qualifications and has a visual impairment that calls for special lighting in order for her see at a functional level.Which of the following adjustments should SPI make in order to serve the applicant?

A) The necessary lighting should be made available once the applicant receives the job.
B) The necessary lighting needs to be made available once the applicant requests it.
C) No adjustment needs to be made because the applicant is not qualified for the position.
D) No adjustment needs to be made because the applicant is not legally disabled.

Question 68

A disabled individual has either experienced environmental disadvantages or has a physical impairment that limits one or more major life activities.

Question 69

Policies that have an adverse effect on protected persons may be defended if the policies mandate a regulation that is essential for good job performance.

Question 70

Additional Case 3.3
Tyra has been the head of HR at SPI for 20 years. During her time there, she has instituted an internal EEO complaint resolution process and a no-tolerance policy for sexual harassment.
Many SPI employees are Asian immigrants, but there are half a dozen countries represented within the company. Such diversity benefits the firm because many of the firm's product manuals are translated into foreign languages.
Due to an increase in product demand, SPI needs to hire many new employees. Tyra has received 70 applications for positions in the production department. She hires 60% of the white applicants and 25% of the African-Americans applicants.
Refer to Additional Case 3.3.Ellie,a production assistant at SPI,has been sexually harassed by a male manager.What should be Ellie's first course of action?

A) File a complaint with the EEOC.
B) Report the harassment to HR and begin the internal complaint resolution process.
C) Hire an attorney and file a complaint with OSHA.
D) Speak with other employees who may have been harassed.

Question 71

The primary purpose of the ADA was to implement a national workers' compensation law.

Question 72

The federal law that permits plaintiffs to collect punitive and compensatory damages is the Civil Rights Act of 1991.

Question 73

Bona fide occupational qualification is a basic defense that an employer can use in a discrimination case.

Question 74

The ADAAA broadened the definition of a disability and added communicating to the list of major life activities.

Question 75

The four-fifths rule claims that a practice has an adverse impact if the hiring rate of a protected class is greater than four-fifths that of a majority group.

Question 76

Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964.

Question 77

Adverse impact occurs when an employer treats an employee differently because of his or her protected-class status.

Question 78

Title VII prohibits disparate treatment and disparate impact.

Question 79

The Griggs vs.Duke Power case set a legal precedent for responding to disparate treatment in the workplace.

Question 80

Since passage of the Equal Pay Act,the earnings gap between females and males has widened,contrary to the intent of the law.