Deck 3: Regulatory Issues

Question 1

Which federal agency is responsible for investigating charges of discrimination number Title VII of 1964?

A) ADA
B) ADEA
C) OFCCP
D) EEOC
E) INS

Answer 1

D

Question 2

Employment laws are created by:

A) U.S. Congress.
B) state government.
C) executive orders.
D) local government.
E) all of the above.

Answer 2

E

Question 3

Elaine, is a 43-year-old Asian woman who is deaf and uses sign language. She is a devote Baptist and lives in a poor neighborhood outside of a large city in the south. To which protected class(es) does she jost likely belong?

A) Age and race
B) Age, religion, disability, gender, social class
C) Gender, age, race, disability, religion
D) Gender, age, religion
E) Race, religion, disability, social class

Answer 3

C

Question 4

All of the following are correct in regard to disparate impact EXCEPT:

A) the employer must show that there is a job related reason for using the particular selection criteria that discriminates.
B) a prima facie case is not necessary in order to prove discrimination occurred.
C) saying that the discrimination is unintentional is not an appropriate defense.
D) using selection criteria that is not job related is not appropriate.
E) the plaintiff must show that the outcome of the employment practice impacted the majority of their protected class.

Question 5

All of the following are ways an organization can respond to or prevent harassment in the work place EXCEPT:

A) investigate all reports of harassment quickly.
B) establish a process for employees to be able to report incidents of harassment directly to HR.
C) share the details of the incident with those in the affected department so that it doesn't occur again.
D) train both employees and managers on appropriate behavior in the work place and what to do if they witness harassment.
E) Create and post an anti-harassment policy and procedure.

Question 6

Which of the following is an example of retaliation?

A) Promoting an employee who does not meet the job qualifications.
B) Denying your employee their annual merit increase because you learned that they participated in a harassment investigation against one of your fellow managers who is a close friend.
C) Selecting the women applicant over the male applicant because she is more attractive.
D) Providing a negative job reference on a former employee.
E) None of these are considered retaliation.

Question 7

Employees who hold the same job can receive different levels of compensation for which reason(s) below?

A) Length of service with the company
B) Quantity of work completed
C) Ability to meet quality of work standards
D) Score on annual merit based evaluation
E) All of the above

Question 8

In which of the following examples is disparate impact most likely occurring?

A) Any candidate who appears to possibly be Muslim is not considered for any management level roles within an organization.
B) A company has 100 white applicants and 50 black applicants. They hire 45 of the white applicants and 20 of the black applicants.
C) A company has 40 white applicants and 40 Hispanic applicants. They hire 15 of the white applicants but none of the Hispanic applicants.
D) Women are only promoted in an organization if their children are over the age of 12 so that they have less worries at home.
E) Hispanic applicants are not considered for customer service roles due to the potential language barriers that may exist.

Question 9

A regulatory agency which oversees compliance with equal employment regulations is:

A) the Office of Federal Contract Compliance Programs (OFCCP).
B) state legislature.
C) the Equal Employment Opportunity Commission (EEOC).
D) Homeland Security.
E) both A and C.

Question 10

________ makes it illegal to pay an employee a higher rate based on their gender.

A) Title VII of the Civil Rights Act
B) Age Discrimination in Employment Act
C) Equal Pay Act
D) Internal Revenue Service
E) Executive Order 11246

Question 11

Michael, who wore a turban to his interview, was not selected for the sales position because the organization didn't think its customers could relate to him due to his presumed ethnic background. This is an example of:

A) a hostile work environment.
B) the four-fifths rule.
C) disparate impact.
D) a bona fide occupational qualification.
E) disparate treatment.

Question 12

According to the employer, Manuel, a 51-year-old Hispanic male, was not selected for the maintenance position because his references did not provide positive feedback about him. However, the employer was concerned that since he would be the only Hispanic in the department it may cause tensions among the staff if they hired him. This is an example of:

A) disparate impact.
B) prima facie.
C) BFOQ.
D) mixed motive.
E) undue hardship.

Question 13

All of the following are considered acceptable defenses in a disparate impact case EXCEPT:

A) bona fide seniority system.
B) job related.
C) bona fide occupational qualification.
D) A and C.
E) A, B and C are all acceptable defenses.

Question 14

Juan, a long time janitor and a flirtatious employee, has once again been hanging around with the secretarial staff and making, what he feels are innocent comments. Juan says things such as "The perfume you are wearing is very sexy." or "That sweater you have on really accentuates your curves." Normally the secretaries ignore his comments and know that he harmless and does not intend to harassment them. However a new employee, Rose, has taken offense to the repeated comments and has filed a complaint. As the HR Manager you should:

A) investigate the complaint immediately, ensuring you talk to any witnesses and to both Juan and Rose to get their version of events.
B) immediately give Juan the appropriate disciplinary action because the new employee's perceptions of him are accurate.
C) follow up with Rose after you take the appropriate steps to resolve the issue so that she knows it has been handled.
D) All choices are correct.
E) A and C are correct.

Question 15

A clothing company that designs petite styles is searching for models who are less than 5'4". If all of the black applicants happen to be over 5'4" tall they could be excluded from consideration based on:

A) job related.
B) business necessity.
C) bona fide seniority system.
D) mixed motive.
E) hostile work environment.

Question 16

In order to prove that disparate impact has occurred the selection rate for the protected class must be less than ________ of the group with the highest selection rate.

A) 80%
B) 75%
C) 33%
D) 20%
E) 51%

Question 17

Mark, the Service Manager, witnesses another employee, John, attempting to kiss another employee, Susan, in the break room. Mark can tell from Susan's body language that John's advances are unwelcome. Both Susan and John report to the Sales Manager, Linda. As the witness to this incident, Mark should:

A) Report the incident immediately to Linda.
B) Question John about the incident and if he gives a valid reason for what happened, not worry with pursuing it any further.
C) Instruct Mary to talk to John and clear the air and tell her not to bother Linda with it since this was the first time it happened.
D) Wait for a few days to see if Susan reports it to anyone and if she does not, confront her.
E) Tell another coworker what you saw in order to get advice about how to proceed.

Question 18

An Asian employee that tells an ethnic related joke every day which offends his coworkers is:

A) guilty of reverse discrimination.
B) is causing disparate treatment in the work place.
C) using quid pro quo harassment.
D) creating a hostile work environment.
E) not violating any rules as long as his work is getting completed.

Question 19

A plaintiff must prove all of the following in order to establish that disparate treatment has occurred EXCEPT:

A) That the employer made discriminatory remarks during the employment process.
B) That the employer rejected them.
C) That they are a member of a protected class.
D) That they applied for the employment opportunity and were qualified.
E) That someone else was selected or the company continued to search for applicants with the plaintiff's same qualifications.

Question 20

The court case Griggs v. Duke Power Company:

A) identified that disparate impact is discriminatory.
B) determined that disparate treatment is discriminatory.
C) made mixed motive hiring decisions illegal.
D) created the requirements related to addressing sexual harassment.
E) ruled that the anyone over the age of 40 is a protected class.

Question 21

The Americans with Disabilities Act (ADA) of 1990:

A) states that employers can not claim an undue hardship in order to avoid having to make the work place accessible to disabled workers.
B) protects current drug users because they are defined as disabled under the law.
C) requires employers to provide a reasonable accommodation such as raising an employee's work station so that their wheelchair can fit underneath.
D) deals exclusively with employment issues for disabled veterans.
E) allows employers to exclude qualified applicants with disabilities from consideration for a physically challenging job.

Question 22

If an employer has provided a modified job in the past for an employee with a non-work related injury it must also do the same for a female employee who is expecting a baby and has a lifting restriction until the baby is delivered due to the requirements under which of the following laws?

A) Americans with Disabilities Act
B) Family and Medical Leave Act
C) Equal Pay Act
D) Pregnancy Discrimination Act
E) Workers' Compensation Law

Question 23

Federal contractors are required to do which of the following under EO 11246?

A) Inform all job applicants how many of each minority group they employ.
B) Include an EEO statement in all employment advertisements.
C) Provide the OFCCP nondiscrimination notices only upon request.
D) Weed out job applicants based on minority group and only interview those that will help their affirmative action numbers.
E) Establish hiring quotas so that enough minorities are hired.

Question 24

Which of the following statements is correct in regard to the Civil Rights Act (CRA) of 1991?

A) The CRA does not permit jury trials.
B) After the CRA, U.S. employees working abroad for a U.S. company are covered under the law.
C) Before the CRA, employees had an easier time of winning their discrimination claims.
D) The CRA does not allow for compensatory damages related to emotional distress.
E) The CRA permits an employer to use a mixed motive defense.

Question 25

Which of the following statements related to the ADEA are correct?

A) ADEA was amended by the Older Workers Benefit Protection Act.
B) Age related discrimination charges have decreased since more younger employees are entering the work force.
C) Older workers' skills are not as relevant in the work place, thereby making it hard for them to claim age discrimination.
D) Age cannot not be used as a BFOQ.
E) An employee who reaches age 59 1/2 can be required to retire since they can now collect their retirement money.

Question 26

In which of the following examples will the company most likely be found responsible for sexual harassment?

A) Employer offers sexual harassment training on an annual basis to all employees.
B) Employer allowed employee to go outside of the normal "chain of command" to report the alleged incident.
C) Employer investigated the report of alleged sexual harassment within 24 hours of learning about the incident.
D) Harassment was alleged to have occurred against the employee by a vendor with whom the employer has a contract to complete certain work in their building.
E) Employee reported a sexual harassment incident a few days after it occurred.

Question 27

A high end retail store was hiring a sales representative to work at their jewelry counter. A 48-year-old male was hired and the 41-year-old female applicant was not hired because the store didn't think a woman could be as assertive as a man when trying to make a sale. This could potentially be a case of:

A) hostile work environment.
B) gender-plus discrimination.
C) sexual harassment.
D) age discrimination.
E) quid pro quo.

Question 28

Discriminating against someone due to their national origin can occur by treating an employee differently because:

A) of their ancestry, ethnicity, or accent.
B) they are married to someone of a different nationality.
C) an assumption about their nationality has been made due to the color of their skin or some other physical characteristic.
D) A, B, and C
E) Both A and D

Question 29

Undue hardship could be described as all of the following EXCEPT:

A) Allowing an employee to have off on Sunday to attend church as long as they can find coverage by swapping another shift with a coworker.
B) Modifying a work station which will then create a safety hazard for other employees who work in the area.
C) Taking away certain tasks from a disabled employee and requiring other employees to do the work which then slows their work down and impacts productivity.
D) Building an exit ramp from the office which will violate local building ordinances but allow a disabled employee to exit safely.
E) All of the above are an undue hardship.

Question 30

Title VII makes it against the law for employers to discriminate against those in a protected class in regard to all of the following EXCEPT:

A) job qualifications.
B) compensation.
C) termination.
D) promotion.
E) selection.

Question 31

Executive orders not only require employers not to discriminate, they also:

A) don't apply to the federal government or federal contractors.
B) require employers to use alternative dispute resolution to resolve employment issues.
C) require employers show that they are working to bring minority groups into the work place.
D) require special protection for those in a labor union.
E) eliminate the need for certain employers to post employment law notices.

Question 32

Rosa, a 39-year-old Hispanic woman, has been a housekeeper at ABC Hotel for 14 years. She speaks limited English but does excellent work and is one of their best employees. A coworker translates for Rosa as needed since her job requires very limited, if any, interaction with hotel guests. ABC Hotel has put a new policy in effect that all employees must be fluent in English in order to maintain their jobs. Rosa could file an EEOC claim based on a violation of:

A) Title VII under the national origin and English fluency requirement .
B) the Age Discrimination in Employment Act.
C) Title VII under national origin and accent discrimination.
D) Title VII under gender discrimination.
E) Title VII under national origin and English-only rule.

Question 33

A Muslin employee complains about ethnic slurs they overhear coworkers making about them and as the supervisor you:

A) are not required to do anything about it because the coworkers have not made the statements directly to the employee.
B) tell the employee to not be so sensitive and that you are sure they didn't mean anything by it.
C) investigate the issue promptly and address appropriately with those making the comments.
D) have the employee conduct their own investigation and report back to you with the results so you can take appropriate action.
E) give the employee an unfavorable evaluation because it wasn't appropriate for them to make the complaint.

Question 34

An employee who feels that they have been discriminated against in the work place should first:

A) report the incident to their company's human resources department so it can be investigated and resolved.
B) investigate the issue themselves to determine if filing a claim is really necessary.
C) contact their state government representative to file a claim.
D) discuss the matter with their coworkers and file a class action lawsuit against the employer
E) contact an attorney who will write a letter to the employer asking for a settlement.

Question 35

The Age Discrimination in Employment Act (ADEA) covers employees:

A) up to age 75.
B) who appear to be over age 30.
C) age 50 or older.
D) age 40 or older.
E) Both A and D

Question 36

When filing any discrimination charge:

A) the employee has 300 days from the date of the alleged incident to file with the EEOC.
B) the EEOC requires the employer to settle.
C) the EEOC requires the employee and employer to use a mediator.
D) the employee must contact the employer once the have talked to the EEOC.
E) the EEOC encourages the use of alternative dispute resolution.

Question 37

All of the following criteria must be met in order for a job task to be considered an essential function of a position according to the ADA EXCEPT:

A) The job task must be performed by the person holding that position.
B) Someone else is not able to help perform the task.
C) The job task cannot involve heavy lifting.
D) A reasonable accommodation is not permitted.
E) C and D.

Question 38

Which of the following statements is correct in regard to multinational employers and their EEO responsibilities?

A) U.S. employees working abroad for a U.S. company have limited protection under Title VII and ADEA.
B) Foreign law defense is related to using the legal counsel of the non-U.S. company to defend why the U.S. company didn't follow the laws of the country in which they were operating.
C) Companies which do business in the U.S. but whose home office is located abroad are required to follow U.S. EEO laws.
D) U.S. EEO laws always take precedent over any employment laws in the foreign country in which the U.S company operates.
E) Both C and D are correct.

Question 39

Which of the following laws prohibits employers from making retirement mandatory?

A) Americans with Disabilities Act
B) Employment at Will Doctrine
C) Age Discrimination in Employment Act
D) Family and Medical Leave Act
E) None of the above

Question 40

All of the following statements about sexual harassment are correct EXCEPT:

A) Sexual harassment is illegal under Title VII because it is a type of discrimination that impacts employment conditions.
B) If a reasonable person would find the particular behavior offensive then it is considered sexual harassment.
C) Physical contact must take place in order for sexual harassment to be proven.
D) Managers are required to take action as soon as they become aware that sexual harassment may have occurred.
E) If an employee did not report the harassment and the company can show they have a clearly communicated policy about how to report sexual harassment issues, the company has a better chance of defending a claim of harassment.

Question 41

A prima facie case is one in which the plaintiff must appear in court in person in order to present their argument as to why they have been discriminated against.

Question 42

Giving pay raises to only the white employees because the organization thinks they work harder than the black employees is an example of disparate treatment.

Question 43

Steve, a 44-year-old white Catholic, is protected by both the Age Discrimination in Employment Act and Title VII.

Question 44

The President of the United States must enact an Executive Order for any proposed employment related legislation to become law.

Question 45

In McDonnell Douglas v. Greene the U.S. Supreme Court allowed the four-fifths rule to establish a prima facie case.

Question 46

Affirmative action plans require that companies:

A) Gather statistics about the local labor force and compare it to their current employee population.
B) Provide employee turnover statistics to the EEOC .
C) Identify any minority groups which are under represented in their employee population and create an action plan to address it.
D) Create an employee referral program that rewards employees for referring minorities to work for their company.
E) Both A and C are correct.

Question 47

Which of the following statements about FMLA is not correct?

A) The employee must get approval before time off is counted as FMLA.
B) Employees can take up to 12 weeks off and be protected by FMLA
C) An employee who meets eligibility requirements for FMLA can use FMLA for the adoption of a child.
D) Employees are required to use whatever sick or vacation time they have when taking an FMLA.
E) FMLA leave can be taken intermittently over a designated 12 month period.

Question 48

Discrimination, for the purposes of employment law, means treating people unfairly because of their job qualifications.

Question 49

FMLA would be applicable in all of the following situations EXCEPT:

A) a full time employee who has 10 years of service and needs time off to care for an ill child.
B) a part time employee who works 25 hours a week and has 16 years of service and needs time off to care for their mother.
C) a full time employee who has 3 years of service and needs time off for gall bladder surgery.
D) an employer with 65 employees at one location.
E) an employer with a total of 40 employees in two locations within a 75 mile radius.

Question 50

The employment at will doctrine means:

A) an employer can terminate an employee at any time.
B) an employee can resign from an organization at any time.
C) an employer can terminate an employee for a discriminatory reason.
D) extending a job offer to someone creates an immediate contractual obligation.
E) Both A and B are correct.

Question 51

Only the EEOC is designated to oversee the compliance with equal employment regulations.

Question 52

The purpose of completing INS Form I-9 is:

A) to gather an employee's address, phone number, and emergency contact information in the event of a natural disaster.
B) to determine their age and whether or not they are protected by the ADEA.
C) to collect and document information related to their identity and eligibility to work in the U.S.
D) to gather information related to their race, ethnicity, and religion in order to determine to which protected classes they belong and avoid discriminating against them.
E) to gather nationality information to provide to Homeland Security in order to identify any suspected terrorists who have entered the U.S. and are working illegally.

Question 53

Eric recently returned home safely and unharmed from 12 months serving with his Army brigade in Iraq. He is a 28-year-old white male and has started to search for a job as an accountant, for which he has a college degree. By which employment regulations is he protected?

A) USERA and Vietnam Era Veteran's Readjustment Act
B) ADA, ADEA and USERA
C) Title VII only
D) USERA only
E) IRCA, USERA and FMLA

Question 54

Executive Orders apply only to the operations of the federal government and federal contractors.

Question 55

Only harassment which is obvious quid pro quo or considered to create a hostile work environment should be reported.

Question 56

A local gym needs to hire a women's locker room attendant. A man applies for the position but the gym does not consider him in the hiring process because this would be an example of when gender would be considered a BFOQ in order to be considered for the job.

Question 57

The Immigration Reform and Control Act of 1986 applies to employers with ________ or more employees.

A) 50
B) 33
C) 20
D) 4
E) 1

Question 58

The Vietnam Era Veteran's Readjustment Act prohibits discrimination on the basis of:

A) age and gender.
B) disability and veteran status.
C) gender and veteran status.
D) reserve and national guard duty.
E) gender and disability.

Question 59

Which of the following is an example of reverse discrimination?

A) A female employee sexually harasses another female employee.
B) A less qualified black man is hired over a highly qualified white man.
C) A white women and white man are equally qualified and the women is selected.
D) A 43-year-old black man is hired over a 21-year-old less qualified white man.
E) A white female supervisor dates her hispanic employee and then terminates him after they break up.

Question 60

The requirements of the IRCA state that an employer:

A) can be fined once the INS identifies 5 or more employees for whom the employer does not have a completed I-9 form.
B) should complete the I-9 form during the interview in order to avoid hiring an illegal alien.
C) can hire an unauthorized worker if, by hiring them, it helps them meet the requirements of their affirmative action plan.
D) can be fined for every employee it hires who is not authorized to work in the U.S.
E) All of the above are correct.

Question 61

For the third time this week, John brushed up against Susan as he passed her in the hall and then winked at her. This is a form of quid pro quo sexual harassment.

Question 62

Allowing an employee to have off for a religious holiday which requires other employees to cover for them and thereby impacting productivity may be considered an undue hardship depending on the overall impact to the organization.

Question 63

Jane's coworker Tom has a Sports Illustrated Swimsuit Model calendar hanging in the work area. Jane has asked Tom to remove it several times and his response each time is, "Only if you come to work dressed like those girls in the calendar." Jane has been subject to the type of sexual harassment known as ________.

Question 64

USERA was passed after the Vietnam War to encourage civilians to join the National Guard and protect those disabled after serving in Vietnam.

Question 65

Segregating or classifying employees based on their race or color is acceptable under Title VII.

Question 66

Employers must verify that an employee is eligible to work in the U.S. by having all new employees complete INS Form I-9 within three days of their hire date.

Question 67

WXY Associates told Juan that someone else was selected for the job he had interviewed for, however WXY Associates continued to interview more candidates even though Juan met at all of the qualifications. Juan may be able to prove a ________ case.

Question 68

________ are the demographic characteristics such as religion or veteran status that cannot be used to make employment decisions

Question 69

Title VII applies to private sector employers with 50 or more employees.

Question 70

An employee may choose to immediately file a lawsuit against the employer if they choose not to wait for the EEOC's ruling.

Question 71

Sexual harassment only involves males directing the behavior towards females or females directing the behavior towards males.

Question 72

Title VII deals strictly with the recruitment and selection practices of an organization.

Question 73

Employment laws exist in order to provide ________ treatment of employees in the work place by requiring employers to focus on the employee's ________ rather than characteristics such as age, gender or race.

Question 74

If an employee feels as though they have been discriminated against they can file a charge with the EEOC within 80 days of the alleged violation.

Question 75

All employers are required to put an EEO statement in all job advertisements to demonstrate they are an affirmative action employer.

Question 76

To support the use of a BFOQ a company must prove that there is a ________ that requires an individuals protected classification to be taken into consideration when making a hiring decision.

Question 77

Allowing a store cashier to work from home to accommodate her disability is most likely not a reasonable accommodation.

Question 78

The Equal Pay Act ensures that all employees receive the appropriate annual increase and the necessary cost of the living adjustments to their pay.

Question 79

If, by following the ADEA in another country, an organization would violate the laws of the other country then the organization is not required to follow the ADEA in regard to that country's work force.

Question 80

Employees must have the ability to report harassment to someone other than their direct supervisor, in the event that their supervisor is the one doing the harassing.