Deck 2: Equal Opportunity and the Law

Question 1

Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________.

A)employee selection
B)record keeping
C)sexual harassment
D)psychological testing

Answer 1

D
Explanation: D)The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth "highly recommended" procedures regarding things like employee selection and record keeping. The American Psychological Association has its own non-legally binding Standards for Educational and Psychological Testing.

Question 2

The ________ requires certain federal contractors to take affirmative action for disabled persons.

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

Answer 2

B
Explanation: B)The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. It does not require hiring unqualified people.

Question 3

The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land.

A)Fifth Amendment
B)Civil Rights Act of 1866
C)Title VII of the 1964 Civil Rights Act
D)Thirteenth Amendment

Answer 3

B
Explanation: B)The Civil Rights Act of 1866 gives all persons the same right to make and enforce contracts and to benefit from U.S. laws. The Fifth Amendment to the U.S. Constitution (ratified in 1791)states that "no person shall be deprived of life, liberty, or property, without due process of the law." The Thirteenth Amendment (1865)outlawed slavery, and courts have held that it bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers cannot discriminate based on race, color, religion, sex, or national origin.

Question 4

Which of the following appoints the members of the EEOC?

A)U.S. Congress
B)U.S. Supreme Court
C)U.S. President
D)U.S. voters

Question 5

Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely intended to protect Paul from discrimination?

A)Executive Order 11375
B)Equal Pay Act of 1963
C)Executive Order 11246
D)Age Discrimination in Employment Act of 1967

Question 6

According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________.

A)sue an employer for age-based pay
B)require employees to retire at age 65
C)allow juries to determine age discrimination
D)institute a minimum age for employees

Question 7

Which of the following is responsible for implementing Johnson administration Executive Orders 11246 and 11375?

A)Equal Employment Opportunity Commission
B)Pension Benefits Guarantee Corporation
C)Occupational Safety and Health Administration
D)Office of Federal Contract Compliance Programs

Question 8

Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection and record keeping?

A)job specifications
B)employment metrics
C)process charts
D)uniform guidelines

Question 9

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

A)affirmative action
B)executive orders
C)rehabilitation
D)due process

Question 10

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
C)production quality
D)production quantity

Question 11

How many members serve on the Equal Employment Opportunity Commission?

A)3
B)5
C)9
D)10

Question 12

Which legislation was responsible for the creation of the Equal Employment Opportunity Commission?

A)Equal Pay Act of 1963
B)Civil Rights Act of 1866
C)Executive Orders 11246 and 11375
D)Title VII of the 1964 Civil Rights Act

Question 13

The 13th Amendment to the U.S. Constitution addresses the subject of ________.

A)due process
B)slavery
C)private property
D)trial by jury

Question 14

Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________.

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

Question 15

The EEOC was initially established to investigate complaints about ________.

A)job discrimination
B)unfair business practices
C)sexual harassment in schools
D)structural accommodations for disabled people

Question 16

Which of the following does NOT participate in the issuance of uniform guidelines?

A)Department of Labor
B)Better Business Bureau
C)Department of Justice
D)Civil Service Commission

Question 17

Which of the following requires equal pay for equal work regardless of sex?

A)Title VII of the 1964 Civil Rights Act
B)Equal Pay Act of 1963
C)Pay Discrimination in Employment Act of 1967
D)Civil Rights Act of 1991

Question 18

Which amendment to the U.S. Constitution states that "no person shall be deprived of life, liberty, or property, without due process of the law"?

A)First Amendment
B)Fifth Amendment
C)Tenth Amendment
D)Thirteenth Amendment

Question 19

According to Title VII of the 1964 Civil Rights Act, which of the following employers would be legally allowed to refuse employment to an individual based on race, religion, or sex?

A)a state agency with 65 employees
B)a medical office with 25 employees
C)a local restaurant with 10 employees
D)a department store with 100 employees

Question 20

The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held that it bars racial discrimination.

A)Fifth
B)Tenth
C)Thirteenth
D)Fourteenth

Question 21

Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws?

A)Brown v. Board of Education
B)Griggs v. Duke Power Company
C)West Coast Hotel Co. v. Parrish
D)Abington School District v. Schempp

Question 22

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

Question 23

If a person is in a protected class, he or she is protected by which of the following?

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

Question 24

Which court case provided details regarding how employers could validate the relationship between screening tools and job performance?

A)Oncale v. Sundowner Offshore Services Inc.
B)Albemarle Paper Company v. Moody
C)Griggs v. Duke Power Company
D)Burlington Industries v. Ellerth

Question 25

The Supreme Court has held that an employee who is over 40 may sue for discrimination if he or she is replaced by a "significantly younger" employee, even if the replacement is also over 40.

Question 26

In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because ________.

A)high school diplomas were not related to success as a coal handler
B)Duke Power Company intentionally discriminated based on race
C)no business necessity existed for Duke Power Company
D)Title VII forbids job testing

Question 27

Title VII forbids all testing of job applicants because testing systematically discriminates against certain protected classes.

Question 28

Only an aggrieved individual can file job discrimination charges against a business.

Question 29

The 14th Amendment to the U.S. Constitution led to the establishment of the EEOC.

Question 30

Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public employers or private employers of 15 or more persons.

Question 31

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?

A)employee
B)employer
C)judge
D)EEOC

Question 32

If a business offers its employees disability coverage, then pregnancy and childbirth must be treated like any other disability and included in the plan as a covered condition.

Question 33

What is the significance of Title VII? What has been the effect of Title VII on the modern workforce and diversity management?

Question 34

All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________.

A)burden of proof is on the employer
B)performance standards should be unambiguous
C)business necessity is a defense for an existing program
D)discrimination does not have to be overt to be illegal

Question 35

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 36

Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a Jill, who is a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker, John. Jill claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of John. All of the following are most likely relevant questions to address in this court case EXCEPT ________.

A)Does Sanders have a record of employees who claim disparate treatment in the workplace?
B)Did Sanders take reasonable care to prevent sexual harassment in the workplace?
C)Does Sanders have a policy statement regarding sexual harassment?
D)Did Jill take advantage of any corrective opportunities provided by the employer?

Question 37

What were the three crucial guidelines affecting equal employment legislation that Chief Justice Burger identified in his written opinion on Griggs v. Duke Power Company?

Question 38

According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for all of the following EXCEPT ________.

A)back pay
B)job reinstatement
C)compensatory damages
D)substantive consolidation

Question 39

The 13th Amendment to the U.S. Constitution states, "no person shall be deprived of life, liberty, or property, without due process of the law."

Question 40

The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate against employees of federal, state, and local agencies who are between 40 and 65 years of age; however, the law does not apply to private businesses.

Question 41

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

A)cosmetic disfigurement
B)anatomical loss
C)pyromania
D)physiological disorder

Question 42

Under ADA, those who can carry out the essential functions of the job are known as which of the following?

A)protected class
B)career anchors
C)staff authorities
D)qualified individuals

Question 43

Which of the following is NOT a form of sexual harassment according to EEOC guidelines?

A)unwelcome sexual advances that create an intimidating work environment
B)verbal conduct of a sexual nature that unreasonably interferes with work performance
C)physical conduct of a sexual nature that creates an offensive work environment
D)mutually consensual physical conduct of a sexual nature between co-workers

Question 44

Which type of disability accounts for the greatest number of ADA claims?

A)drug-related
B)mental
C)vision
D)hearing

Question 45

All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________.

A)having an informal policy for dealing with sexual harassment
B)taking all complaints about harassment seriously
C)establishing a management response system that includes an immediate reaction and investigation
D)training supervisors and managers to increase their awareness of the issues

Question 46

Connor Concrete, a construction firm chain, is being sued for sexual harassment by a former employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Connor Concrete's management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would most likely undermine the plaintiff's claim that Sanders is liable for the male employee's conduct?

A)The male employee physically threatened the plaintiff on three occasions.
B)The male employee made sexual advances towards the plaintiff on a daily basis.
C)The male employee was required by HR to participate in a sexual harassment awareness course.
D)The male employee's conduct significantly interfered with the plaintiff's ability to perform her job.

Question 47

The Civil Rights Act of 1991 makes it more difficult for plaintiffs to sue for monetary damages in cases of disparate treatment.

Question 48

The last step a worker should usually take when they are sexually harassed is:

A)file a verbal contemporaneous complaint with the harasser's manager
B)file written reports regarding the unwelcome conduct with the human resource director
C)file a verbal contemporaneous complaint with the harasser
D)file a claim with the EEOC

Question 49

Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a co-worker. The employee claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the employee. Which of the following, if true, would best support the plaintiff's argument that Sanders is liable for sexual harassment?

A)Sanders re-published its sexual harassment policy twice within the last year.
B)The HR department at Sanders has records of the plaintiff's initial complaints.
C)Sanders lacks a management response system for handling sexual harassment complaints.
D)Sanders recently lost a court case filed by former employees who claimed disparate treatment.

Question 50

Which of the following will be the most likely result of the ADA Amendments Act of 2008?

A)Employees will find it easier to prove that their disabilities are limiting.
B)The number of major life activities considered disabilities will be narrowed.
C)Employers will be required to make fewer accommodations for workers with disabilities.
D)Employers will be required to hire a specific percentage of disabled workers to be in compliance.

Question 51

Which of the following best explains why employers win the majority of ADA cases?

A)Employers make the necessary reasonable accommodations for employees.
B)Employees fail to prove that their disabilities affect daily living activities.
C)Conservative judges are sympathetic towards most small-business owners.
D)Employee attorneys fail to draw connections between Title VII and ADA.

Question 52

Judy was up for a promotion at Simpson Consulting 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 of the following would Judy most likely be able to prove in court if she decided to sue Simpson Consulting?

A)hostile environment created by supervisors
B)hostile environment created by co-workers
C)disparate treatment
D)quid pro quo

Question 53

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 decides to quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley experienced?

A)quid pro quo
B)hostile environment created by supervisors
C)hostile environment created by co-workers
D)hostile environment created by nonemployees

Question 54

In which of the following situations does sexual harassment NOT violate Title VII?

A)if the conduct substantially interferes with a person's work performance
B)if the conduct creates an intimidating work environment
C)if the conduct is completely consensual
D)if the conduct creates an offensive work environment

Question 55

Race, color, religion, sex, or national origin is a motivating factor in a particular termination case, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation?

A)mixed motive
B)disparate impact
C)liability defense
D)burden of proof

Question 56

All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________.

A)the verbal remarks of a co-worker were sexually flirtatious
B)the rejection of a supervisor's sexual advances led to a demotion
C)a hostile work environment was created by a co-worker's sexual conversation
D)a hostile work environment was created by a nonemployee's sexual advances

Question 57

Which of the following requires employers to make reasonable accommodations for disabled employees?

A)Civil Rights Act of 1991
B)Americans with Disabilities Act of 1990
C)Equal Pay Act
D)Disability Discrimination in Employment Act of 1967

Question 58

One of Alexis' male co-workers has been making sexually suggestive comments to Alexis about her clothing and her appearance, which makes Alexis feel uncomfortable at work. What is the first step Alexis should take to address the problem?

A)filing a complaint with the local EEOC office
B)filing a verbal complaint with the harasser's boss
C)writing a letter to the accused
D)consulting an attorney

Question 59

The ________ provides that a person who commits a crime of violence motivated by gender that deprives another of rights shall be liable to the party injured.

A)Civil Rights Act of 1991
B)Federal Violence Against Women Act of 1994
C)Pregnancy Discrimination Act
D)Vocational Rehabilitation Act of 1973

Question 60

An employer that uses a screen-reading program to meet the needs of a blind employee is most likely ________.

A)making a reasonable accommodation
B)fulfilling job analysis requirements
C)identifying essential job functions
D)complying with Title VII rules

Question 61

Mental disabilities, such as depression and anxiety disorders, account for the greatest number of claims brought under the ADA.

Question 62

All of the following are ways that an employee or job applicant can show adverse impact EXCEPT ________.

A)comparing disparate rejection rates
B)holding a fact-finding conference
C)utilizing population comparisons
D)using the standard deviation rule

Question 63

Research indicates that more women than men find socio-sexual behaviors at work to be flattering rather than offensive.

Question 64

Describe how the ADA Amendments Act of 2008 affects both employers and employees.

Question 65

Which of the following involves comparing the percentage of the minority/protected group and white workers in an organization with the percentage of the corresponding group in the labor market?

A)personnel population comparison approach
B)restricted policy comparison method
C)population comparisons approach
D)McDonnell-Douglas test

Question 66

Which of the following tests for adverse impact involves demonstrating that the employer's policy either intentionally or unintentionally excludes members of a protected group?

A)McDonnell-Douglas test
B)BFOQ approach
C)systemic method
D)restricted policy

Question 67

According to GINA, health insurers and employers are prohibited from discriminating based on people's genetic information.

Question 68

To prove sexual harassment, it is necessary to show that the harassment had tangible consequences such as demotion or termination.

Question 69

Which law allows an employer to claim that an employment practice is a bona fide occupational qualification for performing the job?

A)Title VII of the 1964 Civil Rights Act
B)Vocational Rehabilitation Act of 1973
C)Genetic Information Nondiscrimination Act of 2008
D)1972 Equal Opportunity Act

Question 70

What are the two primary arguments available to employers when defending against sexual harassment liability? What two defenses are available to employers fighting discriminatory practice allegations?

Question 71

The Americans with Disabilities Act of 1990 does not list specific disabilities but provides impairment guidelines instead.

Question 72

Being disabled qualifies an individual for a job.

Question 73

Employers primarily use bona fide occupational qualification (BFOQ)as a defense against charges of discrimination based on ________.

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

Question 74

What steps can an employee take to address the problem of sexual harassment in the workplace?

Question 75

What are the three primary ways that an individual can prove sexual harassment? Name and describe each one.

Question 76

Which of the following is used by lawyers in disparate impact cases to show intentional disparate treatment?

A)disparate rejection rates
B)restricted policy approach
C)population comparisons
D)McDonnell-Douglas test

Question 77

According to the ADA, firms must employ all disabled individuals who apply for positions and provide them with job training when necessary.

Question 78

Which of the following refers to the overall effect of employer practices that result in significantly higher percentages of members of protected groups being rejected for employment, placement, or promotion?

A)disparate treatment
B)disparate impact
C)adverse impact
D)prima facie

Question 79

The formula used by federal agencies to determine disparate rejection rates is based on a selection rate for any racial, ethnic, or sex group less than ________ percent of the rate for the group with the highest rate.

A)40
B)60
C)80
D)100

Question 80

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