Deck 2: Managing Equal Opportunity and Diversity

Question 1

The Equal Pay Act of 1963 allows differences in pay based on which of the following factors?

A) a factor other than sex
B) a merit system
C) a seniority
D) All of the above.

Answer 1

D

Question 2

The Pregnancy Discrimination Act treats pregnancy as a(n) ________.

A) disability
B) disease
C) unspecified condition
D) gender specific conditionality

Answer 2

A

Question 3

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

Answer 3

B

Question 4

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

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

Question 5

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

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

Question 6

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

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

Question 7

How many members serve on the Equal Employment Opportunity Commission?

A) three
B) five
C) nine
D) ten

Question 8

Title VII of the 1964 Civil Rights Act makes it unlawful to fail or refuse to hire an individual based on ________.

A) race
B) religion
C) national origin
D) All of the above.

Question 9

Making an extra effort to promote and hire under-represented protected individuals is called ________.

A) progressive desegregation
B) affirmative action
C) progressive action
D) permitted discrimination

Question 10

The Age Discrimination in Employment Act of 1967 protects workers who are ________ and older.

A) 40
B) 50
C) 55
D) 63

Question 11

Members of the EEOC serve ________ terms.

A) 3 year
B) 5 year
C) 10 year
D) indefinite

Question 12

(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) Title VII
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967

Question 13

Unwelcome sexual advances and requests for sexual favors are called ________.

A) sexual harassment
B) rude
C) legislative fodder
D) chauvinistic

Question 14

The Vocational Rehabilitation Act requires that employers accommodate disabled workers except when doing so imposes ________.

A) an undue hardship
B) any form of inconvenience
C) any financial burden
D) any objection by the customers

Question 15

The Equal Pay Act requires the same wages when the job involves equal ________.

A) work
B) time spent working
C) amount of education
D) amount of effort

Question 16

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

A) Age Discrimination in Employment Act
B) Vocational Rehabilitation Act
C) Equal Pay Act
D) Office of Federal Contract Compliance Programs

Question 17

The establishment of the EEOC ________ the ability of the federal government to enforce equal employment laws.

A) greatly enhanced
B) greatly reduced
C) hampered
D) truncated

Question 18

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 system
C) merit pay system
D) quality of production

Question 19

Members of the EEOC are appointed by the ________.

A) Senate
B) Supreme Court
C) President of the United States
D) Vice-President of the United States

Question 20

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

A) affirmative action
B) executive orders
C) rehabilitation action
D) anti-discrimination guidelines

Question 21

Which of the following court decisions do NOT apply to cases of sexual harassment?

A) Griggs v. Duke Power
B) Meritor Savings v. Vinson
C) Burlington Industries v. Ellerth
D) Farragher v. City of Boca Raton

Question 22

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

A) Intent not to discriminate is irrelevant.
B) Business necessity is a defense.
C) Performance on the test must relate to performance on the job.
D) Performance standards must be clear and ambiguous. "clear" and "ambiguous" are antonyms… Was this the intended wording? I suggest deleting "clear" so that it just reads "Performance standards are ambiguous."

Question 23

Under the Federal Agency Uniform guidelines, it may be ________ to discriminate against persons even within the 40+ age bracket.

A) unlawful
B) lawful
C) necessary
D) Both B and C.

Question 24

All of the following are ways of proving sexual harassment except:

A) visiting the ombudsman.
B) quid pro quo.
C) hostile working environment.
D) Both B and C.

Question 25

In which of the following court cases did the U.S. Supreme Court further clarify the law on sexual harassment?

A) Burlington Industries v. Ellerth
B) Griggs v. Duke Power
C) Farragher v. City of Boca Raton
D) Both A and C.

Question 26

Which equal employment act allows the plaintiff to sue for punitive damages?

A) Civil Rights Act of 1991
B) American with Disabilities Act
C) Title VII
D) None of the above.

Question 27

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

A) EEOC
B) the employer in question
C) the employee in question
D) the EEO office

Question 28

Liability in sexual harassment lawsuits can be minimized by doing which of the following?

A) informing employees about a sexual harassment policy
B) training management about the dangers of sexual harassment
C) issuing a strong policy statement condemning harassment
D) All of the above.

Question 29

Intentional discrimination is also called ________.

A) disparate impact
B) disparate treatment
C) adverse discrimination
D) mixed motive

Question 30

All of the following are useful in minimizing liability for sexual harassment except:

A) adopting a policy that forgives the first offense.
B) issuing a strong policy statement condemning harassment.
C) establishing a management response system.
D) taking all complaints about harassment seriously.

Question 31

Which equal employment act allows the plaintiff to sue for compensatory damages?

A) Civil Rights Act of 1991
B) Title VI
C) Title VIII
D) American with Dysfunctions Act

Question 32

Under the Pregnancy Discrimination Act, pregnancy, childbirth, or related medical conditions must be treated as a(n) ________.

A) disability
B) incontinence Was this the intended word for this answer choice? Is it possible you meant to say "inconvenience"? BIG difference. 
C) unqualified claim
D) treatable disorder

Question 33

When responding to employment discrimination charges, which of the following is recommended?

A) Conduct your own investigation
B) Limit the information supplied to only those issues raised in the charge itself
C) Meet with the employee who made the complaint
D) All of the above.

Question 34

________ harassment is the most common form of sexual harassment.

A) Sexual orientation
B) Disability
C) Gender
D) Flirting

Question 35

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

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

Question 36

Which of the following is NOT a potential source of sexual harassment?

A) supervisors
B) customers
C) co-workers
D) None of the above. This should say "None" instead of "All", because "All" would meanthat supervisors, customers and coworkers are NOT potential sources of sexual harassment since that is how the question is phrased.

Question 37

Which of the following court decisions broadly endorses the EEOC's guidelines on sexual harassment?

A) Meritor Savings v. Vinson
B) Burlington Industries v. Ellerth
C) Farragher v. City of Boca Raton
D) Griggs v. Duke Power

Question 38

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

A) Roe v. Wade
B) Albemarle Paper Company v. Moody
C) Griggs v. Duke Power Company
D) Burlington Industries v. Ellerth

Question 39

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

Question 40

________ 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) Adverse discrimination

Question 41

________ 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) Unintentional discrimination
C) Adverse impact
D) Prima facie

Question 42

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 43

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 ________ exists.

A) third defense option
B) business necessity
C) defense for liability
D) None of the above.

Question 44

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) qualified individuals
C) drug users
D) All of the above.

Question 45

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

Question 46

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 although their work performance has not changed. What form of sexual harassment is this an example of?

A) hostile environment created by supervisors
B) hostile environment created by co-workers
C) hostile environment created by non-employees
D) This is not sexual harassment.

Question 47

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 supervisors
C) hostile environment created by co-workers
D) hostile environment created by non-employees

Question 48

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

A) assault and battery
B) emotional distress
C) compensatory and punitive damages
D) All of the above.

Question 49

Religion may be used as a BFOQ if ________.

A) a religious organization requires employees to share their religion
B) an employer does not want to honor an employee's religious holidays
C) Both A and B.
D) Neither A nor B.

Question 50

Which of the following is NOT a guideline arising out of Griggs v. Duke Power?

A) job relatedness
B) burden of proof on employer
C) discrimination need not be intentional
D) discrimination must have disparate impact only

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) instituting a sexual harassment reporting process
C) investigating sexual harassment charges promptly
D) All of the above are ways of showing reasonable care.

Question 52

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

Question 53

The ________ prohibits employers 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) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) American with Disabilities Act of 1990
D) Vietnam Era Veterans' Readjustment Assistance Act of 1974

Question 54

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) BFOQ
B) ADEA
C) EEOC
D) None of the above.

Question 55

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

A) age
B) gender
C) religion
D) All of the above.

Question 56

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

A) homosexuality
B) voyeurism
C) pyromania
D) All of the above.

Question 57

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

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

Question 58

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

A) quid pro quo.
B) hostile environment created by supervisors.
C) hostile environment created by co-workers.
D) hostile environment created by non-employees.
E) All of the above are ways an employee can prove sexual harassment.

Question 59

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

Question 60

In the absence of formal harassment policies, what is the first step an employee should take to address a problem of sexual harassment?

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

Question 61

Voluntary affirmative action programs have the potential to run afoul of the Civil Rights Act of 1991.

Question 62

Affirmative action programs should, and usually do, have a top official in charge of development and implementation.

Question 63

Limiting the information given during a response to an employment discrimination charge is advisable.

Question 64

Which of the following recruitment practices could be considered discriminatory?

A) word of mouth
B) misleading information
C) help wanted ads with discriminatory language
D) All of the above.

Question 65

There are four steps in an affirmative action program.

Question 66

White males are still dominating the labor force today.

Question 67

There is no need to develop support for an affirmative action program: They are universally liked.

Question 68

________ 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) Equal employment opportunity
B) Affirmative action
C) Diversity management
D) BFOQ

Question 69

In Farragher v. City of Boca Raton the employee accused the employer of condoning a hostile working environment.

Question 70

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

Question 71

Workforce diversity can lead to increase in business success.

Question 72

Diversity programs can lead to increases in business.

Question 73

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) 300 days
D) three years

Question 74

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

A) BFOQ
B) business necessity
C) adverse impact
D) mixed motive

Question 75

The EEOC describes a ________ 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) negotiation
D) mandatory arbitration

Question 76

The following may be examples of discriminatory selection standards except:

A) educational requirements.
B) arrest records when security clearance is necessary.
C) height, weight, and physical characteristics.
D) None of the above; all may be discriminatory selection standards.

Question 77

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

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

Question 78

Only an aggrieved individual can file discrimination charges against another.

Question 79

Which of the following is NOT one of the activities that an organization can use to boost diversity?

A) hire all diversity applicants
B) adopt strong company policies
C) publicize diversity philosophy throughout the company
D) take concrete steps to foster diversity at work

Question 80

Changing performance appraisal to include components regarding intergroup conflicts is not helpful in managing diversity.