Deck 7: Human Resources Management Diversity

Question 1

During the "Era of Spoils" (1829-1869), U.S. government personnel were selected by:

A) the drafting of civil servants by lottery
B) the cutback of government jobs by lottery
C) the competition of civil servants by merit examination
D) the award of government jobs to political supporters and friends

Answer 1

D

Question 2

The "Era of Merit" (1869- ) in public personnel selection is most closely associated with the:

A) lottery system
B) involuntary draft
C) civil service system
D) graft and bribery system

Answer 2

C

Question 3

The Pendleton Act of 1883 was designed to:

A) end the spoils system in federal public personnel hiring
B) increase the number of employees in the federal organizational workplace
C) create a civil service system based on personal contacts, rather than merit qualifications
D) all of the above

Answer 3

A

Question 4

Mediation in public human resources management is defined as:

A) involving a 3rd party to help in employee conflict resolution, typically with a settlement
B) a set of goals to improve affirmative action practices for federal agency employees
C) an evaluation of an employee's work performance, used to re-train or promote or document any disciplinary actions
D) all of the above are correct

Question 5

Human rights of diversity in public service workplaces may involve the guarantees of statutes such as:

A) the Civil Rights Act of 1964, Title VII
B) the Age Discrimination in Employment Act
C) the Americans With Disabilities Act
D) all of the above are correct

Question 6

The effect of the Civil Rights Act of 1964 was to:

A) prohibit discrimination in public accommodations in interstate commerce
B) authorize the Justice Department to sue against segregated school districts
C) prohibit employment discrimination for reasons of race and gender
D) all of the above are correct

Question 7

Bona fide occupational qualifications (BFOQ), that is, valid job-related requirements reasonably necessary to the normal operations of that particular business, may NOT constitutionally require discrimination based on:

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

Question 8

The remedy of affirmative action responds to basic ethical/constitutional values for the:

A) pursuit of happiness of all persons
B) equality of all persons
C) end of grievances of all persons
D) all of the above are correct

Question 9

May affirmative action be constitutionally permitted after the US Supreme Court's decision in Regents v. Bakke (1978; reverse discrimination denying admission to a white male in public California medical school admissions)?

A) No - all affirmative action programs are unconstitutional
B) No - affirmative action programs all work on quotas and are unconstitutional
C) Yes - flexible, non-quota affirmative action programs may be permitted
D) Yes - only quota-oriented affirmative action programs are permitted

Question 10

Adarand Constructors v. Pena (1995; minority set-aside quota for Colorado highway projects contracts):

A) upheld the set-aside because of a history of discrimination against Hispanic ethnic businesses in Colorado
B) upheld the practice because the program was narrowly tailored to remedy past wrongs in Colorado race laws
C) both of the above are correct
D) struck down the practice under the strict scrutiny test

Question 11

Korematsu v. US (1944, WWII forced relocation of Japanese-Americans) was the first to hold that racial discrimination by a public agency was:

A) always assumed unlawful unless a compelling governmental interest was proven under the Court=s strict scrutiny test
B) usually assumed unlawful unless an important governmental interest was proven under the Court=s intermediate scrutiny test
C) assumed to be lawful as long as a rational governmental interest was articulated under the Court=s minimal scrutiny test
D) none of the above are correct

Question 12

Morton v. Mancari (1974, affirmative action for Native Americans for federal BIA employment) held:

A) Native Americans deserved special affirmative action status because of their racial background and 14^th Amendment rights
B) Native Americans deserved special affirmative action status because of their treaty status as members of a sovereign peoples
C) Native Americans deserved special affirmative action status because of their positive economic development with casinos, etc.
D) all of the above are correct

Question 13

Hernandez v. NY (1991, prosecutor removed a Latino from jury because of language problem) held that:

A) Batson v. KY (1986) requires race-neutral reasons to remove prospective jurors from trials
B) the language problems of Spanish-speaking prospective jurors presented a race-neutral reason for removal from the jury
C) while a particular language, like skin color, may be a surrogate for race, that issue was not in this case
D) all of the above are correct

Question 14

In Saint Francis College v. Al-Khazaji (1987; Arab-American fired from college) the Court held that:

A) Arab-Americans are traditionally considered white by the categories of race in the U.S. Census
B) the federal statute, 42 U.S.C. section 1981, protects Arab-Americans from racist discrimination
C) Saint Francis College acted out of racist discrimination in firing Allan Al-Khazraji, an Iraqi by birth
D) all of the above are correct

Question 15

According the US Supreme Court in Saint Francis College v. Al-Khazaji (1987), the concept of race is criticized because:

A) it has little biological significance
B) the biological difference between persons of the same race is often greater than between the Aaverage@ person of different races
C) many scientists have concluded that racial classifications are mostly socio-political, rather than biological, in nature
D) all of the above are correct

Question 16

The legal doctrine of Coverture limited the property rights of women by:

A) Acovering@ her property rights under those of her husband or father
B) Aoverture@ of her property rights until the age of majority, i.e., twenty-one
C) Acovert@ of her property rights to allow the covert taking of her property by her husband
D) Averture@ of her property rights to allow her to take risks in capital investments with her property

Question 17

Although Nancy Drew Suders quit her job as a police dispatcher in Pennsylvania State Police v. Suders (2004), the Court allowed her to go directly to federal court and sue her employers to prove the sexual harassment was:

A) so severe as to alter the conditions of her employment
B) so intolerable that her resignation qualified as a fitting response
C) ineffectively resolved by existing bureaucratic channels
D) all of the above are correct

Question 18

Employment Division v. Smith (1990) upheld the across-the-board statutory criminal prohibition of the use of peyote (even in sincere religious ceremonies) under the primary justification of:

A) the sovereignty of the state=s interest in a policy of non-uniformity
B) the sovereignty of a state=s interest in a policy of fairness and certainty in drug law enforcement
C) there are many other Court decisions providing no exceptions to the Sherbert v. Verner doctrine
D) the Constitution originally intended exclusive state power to regulate religion

Question 19

Gonzales v. O Centro (2006; religious use of Schedule I drug hoasca) decided that the sincere religious use of the drug hoasca was protected by:

A) the Religious Freedom Restoration Act of 1993
B) the case of Employment Division v. Smith (1990; peyote use criminalized for Native American)
C) the Religious Land Use & Institutionalized Persons Act of 2000
D) all of the above are correct

Question 20

Today=s 3-prong test for establishment of religion by public agencies (secular purpose, secular effect, and no excessive entanglement) was developed in:

A) Lemon v. Kurtzman (1971; struck down Pennsylvania & Rhode Island state aid to church schools)
B) Waltz v. Tax Commissioner (1970; upheld New York City=s property tax immunity for churches)
C) Sherbert v. Verner (1963; struck down state denial of unemployment to Seventh Day Adventist)
D) Braunfeld v. Brown (1961; upheld local Sunday closing laws against challenge by Jewish shopkeeper)

Question 21

In Bowers v. Hardwick (1986; involving consensual homosexual sodomy), the right of homosexual adults
To consensual sodomy in the privacy of a home was:

A) upheld
B) struck down
C) limited to heterosexual people
D) limited to homosexual people

Question 22

Lawrence v. TX (2003; involving TX homosexual sodomy crime) overruled and made invalid the US Supreme Court decision in:

A) Bowers v. Hardwick (1986; consensual sodomy was criminalized)
B) Hurley v. Irish American GLIB (1995; no right of GLIB sexuality groups to march in private parade)
C) Oncale v. Sundowner Offshore Service (1997; sexual harassment also applies to homosexuals)
D) all of the above are correct

Question 23

The Americans With Disabilities Act of 1990 (ADA) deems a person to have a disability if he or she suffers from a physical or mental impairment that substantially limits a major life activity such as seeing, hearing, walking, talking, breathing, sitting, standing, or learning. This statement is:

A) true
B) false
C) both of the above are correct
D) none of the above are correct

Question 24

Persons with physical or mental disabilities may be excluded from employment in criminal justice for positions where there is a valid job-related requirement that is necessary to normal operations, or:

A) a bona fide occupational qualification (BFOQ)
B) an e pluribus unum (EPU)
C) a res ipsa loquitur (RIL)
D) an anonymous incriminating tip (AIT)

Question 25

Pennsylvania Dept. of Corrections v. Yeskey (1998, inmate with hypertension barred from boot camp) decided that:

A) the inmate can go to boot camp; Americans with Disabilities Act (ADA) unambiguously extends to state prison inmates
B) the inmate can=t go to boot camp; Americans with Disabilities Act (ADA) unambiguously denies state prison inmates
C) the inmate can=t go to boot camp because the Pennsylvania Dept. of Corrections has ceased and desisted all boot camps
D) the inmate can go to boot camp because he wears boots; by definition he is in boot camp