Deck 7: Diversity, Inclusion, and the Law

Question 1

One problem with most US anti-discrimination laws is that they

A) are complaint-based.
B) do not distinguish between intentional and unintentional discrimination.
C) are overly stringent.
D) prescribe penalties that are too extreme.

Answer 1

A

Question 2

Protected classes

A) include everyone.
B) are the types of employers who must comply with a law.
C) are specified within each law.
D) develop out of case law.

Answer 2

C

Question 3

The ADA, ADEA, and FLMA are

A) case laws.
B) constitutional provisions.
C) federal statutes.
D) regulations and executive orders.

Answer 3

C

Question 4

What is the main regulatory agency that enforces federal anti-discrimination laws?

A) SIOP
B) SHRM
C) EEOC
D) EAP

Question 5

When does a case generally have the potential to appear before the Supreme Court?

A) disagreement between Courts of Appeal
B) if the federal government is party to a suit
C) lawsuits involving constitutional interpretations
D) any of the above

Question 6

Can Congress "reverse" Supreme Court decisions?

A) Yes, provided they are not constitutional decisions
B) Yes, for all decisions
C) No, provided they are not constitutional decisions
D) No, never

Question 7

What is the most well-known executive order related to employment and what does it cover?

A) EO 12564; Equal Pay
B) EO 11246; Affirmative Action
C) EO 12564; Drug-free federal workplace
D) EO 11246; Title VII

Question 8

The Uniform Guidelines were written to

A) interpret changes in regulation and enforcement of employment law.
B) create a new potential law covering employment.
C) provide guidelines for interpretation of federal employment law agreed upon across regulatory agencies.
D) specify which agencies cover which laws in more detail.

Question 9

The Equal Pay Act of 1963 covers what protected class with regard to wage discrimination?

A) sex
B) age
C) race
D) disability

Question 10

Janie, a 25-year-old accountant, is being paid less than her male coworkers in similar positions in the organization. Under which federal law might she file a claim?

A) Executive Order 11246
B) ADEA
C) ADA
D) The Equal Pay Act of 1963

Question 11

Maria discovers she is paid less than Suzanne for the same job, even though their experience and performance are essentially the same. Under which federal law might Maria file a claim?

A) ADA
B) Equal Pay Act
C) Title VII of the Civil Rights Act
D) none of these. This is not a prohibited practice under federal law.

Question 12

What are the five protected classes according to Title VII of the Civil Rights Act of 1964 (CRA-64)?

A) Sex, race, color, age, and disability
B) Sex, race, color, religion, and national origin
C) Sex, religion, age, color, and weight
D) Color, race, religion, age, and disability

Question 13

FrankCo has 15 employees who have worked at least 20 weeks out of the current year. Is this company a covered entity according to Title VII?

A) yes
B) possibly; more information is needed.
C) no, not enough employees
D) no, employees have not worked enough weeks.

Question 14

What are the two major types of judicial scenarios for cases under Title VII?

A) intentional and accidental discrimination
B) disparate treatment and adverse impact
C) private and public scenarios
D) terms & conditions and retaliation

Question 15

What is the primary difference between disparate treatment and adverse impact?

A) intentionality
B) types of practices covered
C) Disparate treatment is class action and adverse impact is not.
D) job-relatedness

Question 16

Which protected class cannot be used as BFOQ?

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

Question 17

Clara's boss has told her that if she expects a promotion, she should sleep with him. Clara is experiencing what kind of sexual harassment?

A) hostile work environment
B) adverse impact
C) quid pro quo
D) BFOQ

Question 18

What provisions does the Pregnancy Discrimination Act of 1978 add to the previous law?

A) adds pregnancy to Title VII's interpretation of "sex."
B) requires employers to cover abortions.
C) treats pregnancy as a permanent disability.
D) guarantees a pregnant woman 12 weeks of maternity leave.

Question 19

Affirmative Action (AA) policies can be a response to an executive order or a court order. What is one difference between EO-based AA and court-ordered AA?

A) legally mandated versus court mandated
B) voluntary versus involuntary
C) covers federal and private employers versus only covering private employers
D) no difference

Question 20

Affirmative Action

A) requires companies to hire a quota of minorities or women.
B) results from an Executive Order that applies only to federal contractors and the federal government.
C) is seldom a remedy in discrimination lawsuits.
D) all of these.

Question 21

Acceptable AA activities include all of these except

A) targeted recruiting of underrepresented classes.
B) examination and remedy of any discriminatory obstacles to application or hiring of women or minorities.
C) hiring of a certain number of minorities that roughly matches the applicant pool, regardless of qualifications.
D) working to improve the employer's reputation in the minority community.

Question 22

The Civil Rights Act of 1991 prohibited which practice that had previously been used to try to avoid adverse impact?

A) eliminating test scores
B) creation of AA plans without government approval
C) banding
D) subgroup norming

Question 23

What age group does the Age Discrimination in Employment Act of 1967 (ADEA) cover?

A) All ages are covered.
B) 30+
C) 40+
D) 50+

Question 24

The one exemption to the Age Discrimination in Employment Act of 1967 is

A) legally mandated retirement ages for some executives or public safety employees.
B) child labor laws.
C) hiring a younger member of the protected age group instead of an older member.
D) age as the "essence" of the business.

Question 25

The Texas Roadhouse Case dealt with

A) equal pay.
B) age discrimination.
C) discrimination based on disability.
D) sexual harassment.

Question 26

What was the major problem with the original Americans with Disabilities Act (ADA) that led to the ADA Amendments Act of 2008?

A) Individuals did not have to prove they were disabled.
B) Individuals needed to prove reasonable accommodations were necessary.
C) Employers did not have to prove a job function was essential.
D) Individuals with disabilities that could be managed/corrected (e.g., with medication) were not considered disabled

Question 27

Reasonable accommodations are required for disabled individuals unless they place undue hardship on the employer. What might be considered undue hardship?

A) basic assistive devices (such as amplification headsets or video monitors that enlarge text) or accessibility changes (such as a wheelchair ramp)
B) new, expensive equipment that is out of the scope of the company's budget
C) job reassignment (if individual is qualified)
D) all of these are considered undue hardship.

Question 28

Who is covered by the Family and Medical Leave Act of 1993 (FMLA)?

A) key employees whose absence would hurt the company
B) small employers (fewer than 50 employees)
C) seasonal, temporary, or short-term employees
D) None of these is covered.

Question 29

How long is the leave required by the FMLA?

A) 4 weeks
B) 12 weeks
C) 6 months
D) 1 year

Question 30

What is the major problem with FMLA leave from the perspective of the employee?

A) it is unpaid.
B) it covers very few employees.
C) it does not apply to pregnancy or maternity.
D) all of these.

Question 31

What is the "diversity paradox"?

A) Working to emphasize diversity may result in reverse discrimination suits.
B) Too few areas of diversity are covered by law, thus some aspects of diversity will be left open to discrimination.
C) Covering only specific employers (e.g., those with a minimum number of employees) creates an issue of potentially permanent diversity deficits for small employers because there are no repercussions for discrimination.
D) Legal remedies rely upon defining a protected class based on demographic distinctions which diversity efforts often try to de-emphasize.

Question 32

Give one advantage and one disadvantage to using laws to alter behavior.

Question 33

Why is it a problem that most US Equal Employment laws are complaint-based?

Question 34

What are protected classes and why is it important to know them?

Question 35

Explain the difference between protecting rights by the Constitution vs. by statute.

Question 36

What are the major provisions of the Equal Pay Act? What are its shortcomings?

Question 37

What is "Title 7" and why is it important?

Question 38

What is sexual harassment as defined by the EEOC Guidelines? Are these Guidelines laws?

Question 39

Distinguish between voluntary and court-ordered Affirmative Action.

Question 40

What is an Affirmative Action plan, and who is required to prepare one? What is done with it?

Question 41

Distinguish between affirmative action and the use of quotas. Who is required to use each?

Question 42

What are the major provisions of the Civil Rights Act of 1991? Why was it passed?

Question 43

What are the major provisions of the ADEA? Who is protected under this law?

Question 44

What are the major provisions of the ADA? Why was it amended?

Question 45

What is an essential function?

Question 46

What are the major provisions of the FMLA? What are its shortcomings?

Question 47

What are the major provisions of the IRCA?