Deck 6: Title VII of the Civil Rights Act and Race Discrimination

Question 1

In Connecticut v. Teal, on December 2, 1978, a written test was conducted in the Department of Income Maintenance of the state of Connecticut for the permanent status as supervisors. This test was administered to 329 candidates. Which of the following statements does not accurately represent the case?

A) Approximately 79 percent identified themselves as white and 14.5 percent identified themselves as African Americans.
B) Out of the 48 identified black candidates who participated in the selection process, 22.9 percent were promoted.
C) The trial court held that the "bottom-line" promotion percentages in the case was not a defense and that Connecticut's use of the exam was a violation of Title VII.
D) The U.S. Court of Appeals for the Second Circuit reversed the trial court decision.

Answer 1

C

Question 2

In International Brotherhood of Teamsters v. United States, the seniority system was established between:

A) employee and the union.
B) employer and the union.
C) employee and the employer.
D) both employer-employee and employee-union.

Answer 2

B

Question 3

Christopher, a white employee was excluded from a training program which imparted specialized skills required for his role. Under the voluntary affirmative action program, 50 percent of the spaces in the training program were reserved for minority employees while the remaining 50 percent was based on seniority. While Christopher was not senior enough to qualify for the seniority-based seats, he did have more seniority than several of the minority employees admitted under the affirmative action program. Christopher filed a suit against the employer and the union with EEOC arguing that excluding him from the training program while admitting less senior employees was race discrimination prohibited by Title VII. Based on the above information, it is likely the decision ruled in favor of:

A) Christopher.
B) the organization.
C) the black employees.
D) both the organization and the black employees.

Answer 3

A

Question 4

The pass rate in Duke Power Company for the African American employees who took the Wonderlic Personnel Test and the Bennett Mechanical Comprehension Test was:

A) 12 percent.
B) 8 percent.
C) 6 percent.
D) 10 percent.

Question 5

A method of demonstrating that an employment selection device reflects the content of the job for which employees are being selected is:

A) constructive validity.
B) content validity.
C) disparate impact.
D) criterion-related validity.

Question 6

In EEOC v. Dial Corp., after the Work Tolerance Screen (WTS) was adopted:

A) the percentage of new female hires declined.
B) the percentage of new female hires significantly increased.
C) the percentage of new hires from minority groups declined.
D) the percentage of new male hires significantly declined.

Question 7

A teacher who is required to possess the attribute of "patience," or an executive who is required to possess qualities of "leadership" are being measured based on:

A) content validity.
B) criterion-related validity.
C) construct validity.
D) validity logic.

Question 8

The programs in employment that involve giving some kind of preference in hiring or promotion to qualified female or minority employees is a/an:

A) segregation treatment.
B) four-fifth's treatment.
C) affirmative action.
D) criterion-related activity.

Question 9

When an employee is treated differently from others due to race, color, religion, gender, or national origin it amounts to:

A) four-fifths treatment rule.
B) seniority.
C) disparate impact.
D) disparate treatment.

Question 10

A method of demonstrating that an employment selection device correlates with the skills and knowledge required for successful job performance is called:

A) construct validity.
B) content validity.
C) disparate impact.
D) criterion-related validity.

Question 11

In Equal Employment Opportunity Commission (EEOC) v. Dial Corp, the trial court held that:

A) Dial was not in violation of Title VII.
B) the Work Tolerance Screen (WTS) had a discriminatory effect on female applicants.
C) Dial had demonstrated that the WTS was a business necessity and had shown criterion validity.
D) Dial had effectively controlled for other variables that may have caused the decline in injuries.

Question 12

An exception to this civil rights law that allows an employer to hire employees of a specific gender when business necessity requires it is,:

A) disparate impact.
B) disparate treatment.
C) bona fide occupational qualification.
D) criterion-related validity.

Question 13

In United Steelworkers of America v. Weber, Weber, a white employee, filed a complaint with the EEOC against the Employer and the Union for:

A) coercing him to participate in the training program.
B) excluding him from the training program while admitting less senior minority employees.
C) not admitting less senior minority employees in the training program.
D) coercing him to participate in the training program while more senior minority employees were allowed to opt out.

Question 14

Title VII is administered by the:

A) Securities and Exchange Commission.
B) Department of Justice.
C) Supreme Court.
D) Equal Employment Opportunity Commission.

Question 15

In University and Community College System of Nevada v. Farmer, in order to remedy the racial imbalance, the University of Nevada instituted the:

A) minority bonus policy.
B) Wonderlic Personnel Test.
C) Bennett Comprehension Test.
D) Negative Role Model policy.

Question 16

In a manufacturing company, promotions were based on seniority. The company instituted a policy of high school education, and two aptitude tests were held for the selection of employees. All employees who had high school diplomas appeared for the test. The pass rate of the white employees was 85 percent while the pass rate for African American employees was 14 percent. The African American employees brought a law suit against the company in the District court alleging that this violated Title VII of the Civil Rights Act of 1964. Based on the above information, it is most likely that the District Court held that:

A) the company did not violate the Title VII Act.
B) the company violated the Title VII Act.
C) the company had the right to discriminate against African American employees.
D) the company was unfair in administering the test.

Question 17

The suggestion that disparate impact should be measured only at the _____________ignores the fact that Title VII guarantees these individual respondents the opportunity to compete equally with white workers on the basis of job-related criteria.

A) instance when the matter is dragged to court.
B) time of discrimination.
C) bottom line
D) top line

Question 18

A method of demonstrating that an employment selection device that selects employees based on the traits and characteristics that are required for the job in question is called:

A) construct validity.
B) seniority.
C) content validity.
D) affirmative action.

Question 19

Identify the case that focused on the issue of seniority under Title VII.

A) Lanning v. Southeastern Pennsylvania Transportation Authority
B) United States v. Nixon
C) Connecticut v. Teal
D) International Brotherhood of Teamsters v. United States

Question 20

A mathematical formula developed by the EEOC to demonstrate disparate impact of a facially neutral employment practice on selection criteria is:

A) the four-fifths rule.
B) disparate treatment.
C) disparate impact.
D) content validity.

Question 21

Title VII of the Civil Rights Act of 1964 took effect in which year?

A) 1964
B) 1963
C) 1966
D) 1965

Question 22

__________ compares the selection rates (the rates at which applicants meet the requirements or pass the test) for the various protected groups under Title VII.

A) Four-Fifths Rule
B) Bona fide occupational qualification
C) Criterion-related validity
D) Disparate treatment

Question 23

The regulation that was adopted by the EEOC and other federal agencies that provide for methods of demonstrating a disparate impact and for validating employee selection criteria is the:

A) The Model Employment Act.
B) Civil Disabilities Act.
C) Title VII of the Civil Rights Acts
D) Uniform Guidelines on Employee Selection.

Question 24

Robin works as a human resource manager for Banes & Obel. The company asks Robin to ensure that all suitable candidates including women and minorities are interviewed for open positions, but instructs her to not hire any minority applicants. When Robin reminds her supervisor that Title VII prohibits race discrimination she finds herself being removed from the interview process and all tasks related to the hiring process. In the above case, Banes & Obel:

A) has not violated Title VII since there was no discrimination during the interview process.
B) has not violated Title VII if they can prove the open positions in the organization were not suitable for minority candidates.
C) has clearly violated Title VII by instructing Robin to not hire minority applicants.
D) has not violated Title VII since Robin is no longer part of the decision-making process.

Question 25

In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that operated to deter minority employees from transferring out of low-paying or inferior jobs:

A) were in violation of Title VII.
B) were not in violation of Title VII..
C) were based on the 1991 amendment to Title VII.
D) did not perpetuate the effects of prior discrimination.

Question 26

In University and Community College System of Nevada v. Farmer, the University was sued because:

A) Makoba the black male emigrant was offered a salary well below the advertised salary range.
B) Yvette Farmer was given preference over Makoba though she was not suitably qualified.
C) Farmer alleged that because of the University's affirmative action plan they hired a black male (Makoba) despite the fact that she was better qualified.
D) Both Makoba and Farmer were hired for similar positions but Makoba's salary was significantly lower than Farmer's annual pay.

Question 27

Define construct validity.

Question 28

In Price Waterhouse v. Hopkins, the Supreme Court held that:

A) a plaintiff need to demonstrate and prove that the defendant used multiple prohibited factors (race, color, gender, religion, or natural origin) as a motive for an employment action.
B) the plaintiff's demonstration for a "mixed motive" situation can only be made by circumstantial evidence.
C) if an employer has considered an illegal factor under Title VII (race, sex, color, religion, or national origin) in making an employment decision, the employer must demonstrate that it would have reached the same decision if it had not considered the illegal factor.
D) the employer violates Title VII when an illegal factor is considered, even though there may have been other factors also motivating the decision or practice.

Question 29

Which section of Title VII prohibits retaliation by the employer against employee because that person opposed any practice that is prohibited by Title VII?

A) Section 707 (h)
B) Section 704 (a)
C) Section 706 (g)(2)(b)
D) Section 703 (a) and (d)

Question 30

List the three classifications of standards developed by the American Psychological Association for validating job requirements.

Question 31

What is bona fide occupational qualification?

Question 32

The Supreme Court held that a plaintiff must "offer statistical evidence of a kind and degree sufficient to show that the practice in question has caused the exclusion of applicants for jobs or promotions because of their membership in a protected group" in the case of:

A) International Brotherhood of Teamsters v. United States.
B) Watson v. Fort Worth Bank & Trust.
C) Connecticut v. Teal.
D) United Steelworkers of America v. Weber.

Question 33

Which of the following cases addresses the question of whether an employer sued for violation of Title VII of the Civil Rights Act of 1964 may assert a "bottom-line" theory as a defense?

A) International Brotherhood of Teamsters v. United States
B) Connecticut v. Teal
C) University and Community College System of Nevada v. Farmer
D) Griggs v. Duke Power Company

Question 34

The Thompson v. North American Stainless, LP. case focuses on:

A) content validity.
B) retaliation in violation of Title VII.
C) seniority.
D) gambling.

Question 35

Which of the following statement pertains to criterion-related validity?

A) It is a means of measuring whether the requirement or test actually evaluates abilities required on the job.
B) The specific traits or constructs for the test may be based on observations but cannot be measured directly.
C) It concerns the statistical correlation between scores received on tests and job performance.
D) It is a means of isolating and testing for specific traits or characteristics that are deemed essential for job performance.

Question 36

Who does Title VII of the Civil Rights Act of 1991 cover?

Question 37

At Your Home, a service provider offers healthcare assistance for elderly or disabled persons at their place of residence. Since most of the clients require total physical care including assistance to get dressed or move around the house, At Your Home screens applicants for employment by using a strength test. The applicants must be able to lift a dummy weighing 175 pounds. The strength test disqualifies most female applicants, as well as a majority of Asian male applicants. To avoid violation of Title VII, At Your Home should use:

A) construct validity.
B) content validity.
C) criterion-related validity.
D) both construct and content validity.

Question 38

How is an employer defined under the Title VII of the Civil Rights Act of 1991?

Question 39

In Walters v. Metropolitan Educational Enterprises, Inc., the Supreme Court held that the __________ was used to determine the number of employees for coverage of Title VII.

A) "payroll method"
B) "statistical method"
C) content validity
D) construct validity

Question 40

A telephonic marketing firm is looking at establishing themselves in Florida. Because of the nature of its work, the firm decides to hire only people who speak fluent English and not to hire any person who has a noticeable accent or, in the words of the marketing manager, "who have any native influences to their accent." The company's hiring policy:

A) supports Title VII.
B) cannot fall under Title VII.
C) clearly violates Title VII.
D) does not violate Title VII.

Question 41

Described the practice of race norming.

Question 42

What do affirmative action programs usually involve?

Question 43

Explain the four-fifths rule.

Question 44

How is seniority defined under Title VII?

Question 45

Can the use of the seniority system for employment decisions be protected under Title VII? Provide an illustration for your answer.

Question 46

The equal employment opportunity legislation prohibits discrimination based on what criteria?

Question 47

Write a short note on retaliation under Title VII.

Question 48

The Supreme Court decision in Adarand Constructors, Inc. v. Pena held that government affirmative action programs must be justified under the strict scrutiny test and that the court would examine such justifications closely. Elucidate.

Question 49

The Uniform Guidelines set out standards for demonstrating test validity. How are the standards classified and how do they relate to job requirements?

Question 50

What were the two amendments added to Title VII in 1991?