Deck 3: The Legal Environment and Diversity Management

Question 1

Which group is USERRA associated with?

A)Immigrants
B)Military members
C)Gays and lesbians
D)Executives
E)Disabled individuals

Answer 1

B

Question 2

The Equal Pay Act is associated with what kind of discrimination?

A)Gender
B)Race
C)Handicapped
D)Age
E)Genetic

Answer 2

A

Question 3

At what age does the Age Discrimination in Employment Act prohibit discrimination?

A)35
B)40
C)45
D)50
E)65

Answer 3

B

Question 4

Under what act is sexual harassment covered?

A)Pregnancy Discrimination Act
B)Americans With Disabilities Act
C)Civil Rights Act of 1964
D)The fourteenth amendment
E)Rehabilitation Act

Question 5

Which type of discrimination is generally considered unintentional?

A)Disparate impact
B)BFOQ discrimination
C)Disparate treatment
D)Pattern discrimination
E)Practice discrimination

Question 6

Discrimination against members of a majority group is association with what type of discrimination?

A)Destructive
B)Retaliatory
C)Reverse
D)Opportunistic
E)Selective

Question 7

What is a basic ability to think in unique and different ways and apply those thought processes to existing problems?

A)Thoughtfulness
B)Barnstorming
C)Overtness
D)Creativity
E)Logic

Question 8

If pilots must be of a certain height for safe operation of a particular type of airplane,what discrimination defense may be applicable here?

A)BFOQ
B)Disparate treatment
C)Corporate necessity
D)Obviousness
E)Residual treatment

Question 9

Which of the following would be an example of quid pro quo sexual harassment?

A)Sue offers Betty a raise if Betty goes out with her.Betty objects.
B)Sarah and Mary kiss each other.Bill is offended by that act.
C)Explicit pictures are posted on the manager's door.
D)John likes Ann but doesn't want to be rejected,so he doesn't ask her out.
E)Harry and Sue are employees who are out on a date.They like each other.

Question 10

Which of the following is a law associated with veterans of the Vietnam war?

A)VIET
B)VEVRAA
C)LLFPA
D)USERRA
E)IRCA

Question 11

There are 100 white male applicants for the job and 60 were selected.There were 20 African American male applicants for the job and 10 were selected.Is there evidence for disparate impact against African Americans based on the 4/5ths rule?

A)Yes,because the white male hiring rate was above the black male hiring rate.
B)Yes,because the hiring rate of African American males is more than 80 percent of the White male hiring rate.
C)No,because the black male hiring rate was above the white male hiring rate.
D)Yes,because there were fewer African American applicants.
E)No,because the hiring rate of African American males is within 80 percent of white males.

Question 12

Which of the following is a fundamental duty of a position defined by the ADA?

A)Functional obligation
B)Mandatory task
C)Required activity
D)Essential job function
E)Requisite task

Question 13

What type of organization would be affected by Executive Order 11246?

A)Federal contractors receiving more than $10,000 per year
B)State contractors receiving more than $50,000 per year
C)Private employers with 15 or more employees
D)City government with 50 or more employees
E)Nonprofit employers with 15 or more employees

Question 14

What is the term for damages designed to reprimand the employer when they intentionally inflicted harm on employees or applicants?

A)Punitive
B)Compensatory
C)Deliberate
D)Perfunctory

Question 15

What period of time must be allowed for the EEOC to investigate a discrimination complaint?

A)3 days
B)10 days
C)30 days
D)60 days
E)120 days

Question 16

Which of the following is most likely a BFOQ?

A)Need men to sell construction equipment in the tri-state area.
B)Need evening shift food servers.Prefer recent high school graduates.
C)Need three men for a Western cowboy photo shoot.
D)Need good looking teenagers as clerks in a clothing store to provide a hip image
E)Need women for quilt store instructors.

Question 17

What law amended the Civil Rights Act of 1964 to extend the period of time in which an employee is allowed to file a lawsuit over pay discrimination?

A)Civil Rights Act of 1991
B)Lily Ledbetter Fair Pay Act of 2009
C)ADA
D)Genetic Information Nondiscrimination Act of 2008
E)Pregnancy Discrimination Act of 1978

Question 18

When will (or have) white babies become a minority of those born in the United States?

A)2011
B)2016
C)2021
D)2026
E)2031

Question 19

_______ occurs when an officially neutral employment practice disproportionally excludes the members of a protected group.It is generally considered unintentional.

A)Disparate impact
B)Disparate treatment
C)Invasive vesting
D)Logical difference
E)Situational involvement

Question 20

Bill,a Hispanic,gets 55 points on an exam and gets promoted based on the results of the exam while Sam,a White male in the same company,gets 62 points on the same exam and does not get promoted.What illegal activity might have occurred?

A)Reasonable accommodation
B)Race-norming
C)Undue hardship
D)Disparate impact
E)Top hat management

Question 21

Which of the following conditions is specifically not a covered characteristic in the Americans with Disabilities Act?

A)Heart disease
B)History of mental illness
C)Blindness
D)Deafness
E)Substance abuse

Question 22

The Equal Pay Act of 1963 doesn't allow men and women performing substantially the same job to be paid differently based on:

A)merit.
B)seniority.
C)quantity of production.
D)quality of production.
E)gender.

Question 23

Which of the following would be considered "participating" in an EEO proceeding,and as such would prohibit the organization from retaliation?

A)Helping to write an EEO law
B)Suing a previous employer for discrimination
C)Expressing dissatisfaction with employee working conditions
D)Whistle blowing
E)Testifying in an EEO investigation

Question 24

Paradise by the Neon Lights,a nightclub management and promotion company,would most likely not be guilty of disparate treatment based on gender if they were to require applicants to be male when hiring a(n):

A)salesperson.
B)marketing director.
C)bartender.
D)bathroom attendant.
E)operations manager.

Question 25

The Americans with Disabilities Act would generally protect someone who:

A)is obese.
B)is severely disfigured.
C)smokes marijuana.
D)has freckles.
E)is left-handed.

Question 26

______ is a situation where the organization takes an adverse employment action against an employee because the employee brought discrimination charges against the organization or supported someone who brought discrimination charges against the company.

A)Discrimination
B)Turnover
C)Participation
D)Transparency
E)Retaliation

Question 27

Which of the following would most likely violate the Age Discrimination in Employment Act?

A)Older employees are allowed to work past their Social Security retirement age.
B)Only employees over age of 45 are asked to participate in an early retirement program.
C)An individual is denied employment because of the fact that he is a 13 years old.
D)Older workers in an organization are compensated at a higher average level than the younger workers.
E)A 50-year-old employee decides to voluntarily retire.

Question 28

______ exists when a particular practice is necessary for the safe and efficient operation of the business,and there is a specific business purpose for applying a particular standard that may,in fact,be discriminatory.

A)BFOQ
B)Job relatedness
C)Necessary allowance
D)Required exception
E)Business necessity

Question 29

Which of the following terms refers to an organization's intentional preference to hire or promote people in a particular protected group?

A)Affirmative action
B)Disparate treatment
C)Reasonable accommodation
D)Discrimination
E)Grievance procedure

Question 30

______ are monetary damages awarded by the court that are designed to punish the injuring party when they intentionally inflicted harm on others.

A)Inflictory judgment
B)Viscous circumstances
C)High level term
D)Compensatory damages
E)Punitive damages

Question 31

Which of the following is a true statement about Title VII of the Civil Rights Act of 1964?

A)The act is enforced by the U.S.Department of Labor.
B)The act applies to organizations with 15 employees or more.
C)The act prohibits employers from discriminating against workers due to their age.
D)The act protects employers from employee threats.
E)The act banned affirmative action in organizations.

Question 32

Gary feels that he was sexually harassed by his boss on an offshore oil rig.He would generally have to file a complaint with the EEOC within _____ days of the incident,or he would not be able to file it at all.

A)60
B)90
C)120
D)180
E)365

Question 33

Why might complaints of age discrimination grow when the economy is slow?

A)Older employees provide a large pool of talented workers.
B)Companies work very hard to retain their best talent in a recession.
C)Companies may try to lower their labor costs by laying off higher paid workers.
D)Companies may try to provide more opportunities to younger workers.
E)Older workers are least affected by a slow economy.

Question 34

One of the most significant changes in EEO law under the Civil Rights Act of 1991 is:

A)non-profits and government institutions became covered entities.
B)inclusion of Asians and Hispanics as protected groups.
C)the addition of compensatory and punitive damage awards.
D)limiting damage awards to "actual damages".
E)inclusion of coverage for special conditions such as substance abuse.

Question 35

______ exists when the level of difficulty for an organization to provide accommodations,determined by looking at the nature and cost of the accommodation and the overall financial resources of the facility,becomes a significant burden on the organization.

A)Undue hardship
B)Unreasonable burden
C)Hard assumption
D)Analytical exception
E)Difficult task

Question 36

Aasif is a devout Muslim.He has asked to be allowed to take his break at a different time than his co-workers so that he can pray at a specific time during the workday.Allowing Aasif to take a different break causes some disruption to the workflow,but his co-workers are able to make up the difference.While his co-workers take their breaks,Aasif performs specific tasks that are helpful to the group.Aasif different break time is a(n) _________.

A)functional conflict
B)business necessity
C)reasonable accommodation
D)undue hardship

Question 37

____ discharge exists when an employee is put under such extreme pressure by management that his or her continued employment becomes intolerable and as a result the employee quits.

A)Destructive
B)Constructive
C)Collateral
D)Invasive
E)Discriminatory

Question 38

_____ are the fundamental duties of the position.

A)Requirements
B)Specifications
C)Marginal functions
D)Essential functions
E)Deliberations

Question 39

Which one of the following would require virtually all organizations with federal contracts to have an affirmative action plan?

A)Title VII of CRA
B)Executive Order 11246
C)Civil Rights Act of 1991
D)Thirteenth Amendment to the Constitution
E)Rehabilitation Act of 1973

Question 40

Disparate treatment might be legal if it:

A)results in increased productivity.
B)is for a bona fide occupational qualification.
C)occurs in a non-profit company.
D)is determined to be valid by a private employer.
E)reduces the potential for reverse discrimination.

Question 41

The H in the acronym for the OUCH test stands for what?

A)Helping resolve the problem: working together to find a resolution
B)Holding no grudges: always forgiving the employer for past wrong-doings
C)Heavy-handed approach: forcing another party to accept something
D)Has job relatedness: shows that the action relates to the essential job function

Question 42

Managers should try to avoid ____________ based on a person's membership in a protected class.

A)accidental labeling.
B)purposeful labeling.
C)analyzing disability.
D)illegal discrimination.

Question 43

____________ decisions are based on fact,cognitive knowledge,or quantifiable evidence.

A)Objective
B)Subjective
C)Inconsistent
D)Purposeful

Question 44

A female employee,over the objections of her colleagues,continues to display a Playgirl centerfold in her office.This could lead to a charge of:

A)disparate treatment.
B)disparate impact.
C)reverse discrimination.
D)sexual harassment.
E)undue hardship.

Question 45

If the complaining party argues that the employer intentionally discriminated against an employee or applicant,the complaining party is trying to prove ____________.

A)disparate treatment
B)disparate impact
C)pattern or practice
D)indignant attitudes

Question 46

Which of the following is the best example of disparate impact?

A)A Hispanic applicant is told he will not be hired because the company does not hire Hispanics.
B)A black employee is fired for testifying in a criminal case against an employer.
C)White applicants with high test scores are rejected due to an affirmative action plan.
D)Black applicants are disproportionately rejected compared to other applicants based on a paper-and-pencil test.
E)The ratio of White and Black employees is roughly equal to their relevant populations in the local community.

Question 47

A bona fide occupational qualification must be:

A)a standard practice within an industry or community.
B)absolutely required for the job.
C)federal court-approved.
D)a preferred customer or community characteristic for the job.
E)related to the company's supplier/customer partnerships.

Question 48

When you look at whether or not the same action is applied to all similar employment situations,you are using the __________ component of the OUCH test.

A)O - objective
B)U - uniform in application
C)C - consistent in effect
D)H - has job relatedness

Question 49

Angie was threatened by her supervisor with a negative outcome for failure to submit to a sexual relationship.This is referred to as:

A)Disparate treatment
B)Disparate impact
C)Hostile work environment
D)Undue hardship
E)Quid pro quo harassment

Question 50

When you assess actions to determine if each is directly related to the primary aspects of the job,you are reviewing the __________ component of the OUCH test.

A)O - objective
B)U - uniform in application
C)C - consistent in effect
D)H - has job relatedness

Question 51

The U in the acronym for the OUCH test stands for what?

A)Understanding: the knowledge and ability to judge a particular situation or subject
B)Uniform in application: applied the same way to all persons involved
C)Underhanded: done in a secret and dishonest way; intended to deceive or trick someone
D)Ulterior: kept hidden until achievement of a specific result

Question 52

____________ decisions are based on your emotional state,an opinion,or how you feel in certain circumstances.

A)Objective
B)Subjective
C)Inconsistent
D)Purposeful

Question 53

Which of the following terms best describes a situation where an unintentional exclusion of members of a protected class of employees occurs in the workplace?

A)Disparate impact
B)Disparate treatment
C)Reasonable accommodation
D)Retaliation
E)Gender discrimination

Question 54

The OUCH test can be used when?

A)when promoting employees
B)hiring new people
C)determining raises
D)all of the above

Question 55

If your OUCH test reveals your employment actions are uniform in application,it means ______________.

A)all of your employees wear uniforms to work.
B)you are consistent in applying the same action in all cases of the same type.
C)all the employment circumstances end up with the same results.
D)everyone's ability is evenly matched in the workplace.

Question 56

The C in the acronym for the OUCH test stands for what?

A)Consistent in Effect: ensuring the result is not significantly different for different groups
B)Contained approach: restrained or calm
C)Capitulating effort: to stop resisting: to accept something you were resisting or opposing
D)Circumvented: to get around something in a clever and sometimes dishonest way

Question 57

Which type of discrimination was not established under the Civil Rights Act?

A)disparate treatment
B)disparate impact
C)pattern or practice
D)involuntary design

Question 58

80 White applicants and 40 Black applicants applied for a set of job openings in your firm.Assume that you have hired 40 of 80 White applicants.In order to avoid an adverse impact,you should hire a minimum of _____ Black applicants.

A)12
B)14
C)16
D)18
E)20

Question 59

Being outside of the 4/5 rule means we ___________ broke the law.

A)never
B)definitely
C)possibly

Question 60

Which of the following would most likely be an exception to the requirement for reasonable accommodation under the ADA?

A)A large firm is asked to modify its computer workstations to accommodate blind employees.
B)A financial securities firm is asked to change its work schedule during the religious month of Ramadan.
C)A profoundly deaf person needs closed captioning equipment in order to do their job.
D)A company is asked to reassign a marginal job function because the person who is disabled is unable to perform the function.
E)A paralyzed applicant asks a small firm to change the design and structure of the building where they lease third-floor space to allow wheelchair access.

Question 61

When the Civil Rights Act was amended in 1991,quotas:

A)got established
B)got eliminated
C)got invented
D)changed in statistical relevance

Question 62

In employment,disparate treatment still occurs frequently in ____________.

A)new employees' involvement in clubs and activities
B)women's access to mentoring and leadership development
C)employee engagement in corporate social responsibility
D)annual corporate picnic attendance.

Question 63

We ________ need to investigate thoroughly if our employment practices fall outside of the 4/5 rule.

A)always
B)sometimes
C)never

Question 64

Spencer gave all his employees low ratings on their performance appraisals.While the employees had met their objectives for the quarter and several had exceeded their sales goals,Spencer felt that everyone could have worked harder than they did.He does not have any evidence that his employees slacked off during the quarter,he just has a feeling that more could have been done.Spencer's performance appraisals violate the __________ part of the OUCH test.

A)Objective
B)Uniform in Application
C)Consistent in Effect
D)Has Job Relatedness

Question 65

Congress passed the _________ after noticing that companies tended to lay off older workers with higher salaries,in favor of hiring younger workers who would work for less money.

A)Equal Pay Act
B)Age Discrimination in Employment Act
C)The Social Security Act
D)Affirmative Action

Question 66

The ADA requires the employer to make _________ for employees with disabilities.

A)reasonable accommodations
B)justifications
C)excuses
D)medical evaluations

Question 67

The bona fide occupational qualification (BFOQ) argument is ____________.

A)always legally defensible
B)sometimes legally defensible
C)never legally defensible
D)only legally defensible in 4 U.S.states

Question 68

When the Civil Rights Act was amended in 1991,one major change included:

A)removing compensatory and punitive damages
B)adding compensatory and punitive damages
C)lowering thresholds
D)changing legally defensible arguments

Question 69

The Rehabilitation Act of 1973 only applies to ___________________.

A)retail stores
B)incorporated towns
C)non-profits
D)federal contractors and the federal government agencies

Question 70

Age discrimination complaints make up about _________ of all actions filed with the EEOC.

A)one-fifth to one-fourth
B)one-half
C)one-tenth
D)three-fourths

Question 71

The __________ protects service men and women when they are called away from their civilian job to perform military service.

A)USERRA
B)ADA
C)EPA
D)Affirmative Action

Question 72

The BFOQ argument ____________________ in a disparate impact case or in a disparate treatment case.

A)cannot be used as a legal defense
B)can be used as a legal defense
C)is the key to winning
D)cannot be used at all

Question 73

One difference between the ADA and the Rehabilitation Act is:

A)the ADA is broader and covers more employers.
B)the Rehabilitation Act only covers people with physical disabilities.
C)the ADA is less expensive to implement.
D)the Rehabilitation Act was overturned by the Supreme Court.

Question 74

The difference between disparate treatment and disparate impact is:

A)disparate treatment is intentional,disparate impact is accidental
B)disparate treatment is accidental,disparate impact is intentional
C)disparate treatment happens mostly to women,disparate impact happens mostly to people of color
D)disparate treatment is prejudicial,disparate impact is creative

Question 75

Under the ADA,an employee is disabled if the employee:

A)has a disability.
B)has a record (or history) of a disability.
C)is regarded as a person with a disability.
D)all of the choices are correct.

Question 76

The business necessity argument ___________________ in a disparate impact case.

A)cannot be used as a legal defense
B)can be used as a legal defense
C)is the key to winning
D)cannot legally be used

Question 77

The VEVRAA only applies to ___________________.

A)retail stores
B)county governments
C)non-profits
D)federal contractors

Question 78

Only the ______________ can bring a federal suit alleging a pattern or practice of discrimination.

A)Governor of your state
B)OFCCP
C)Attorney General
D)police

Question 79

Two kitchen workers got into an argument about whose turn it was to clean up the work station.The argument escalated into a food fight that cost the restaurant hundreds of dollars in food supplies.The kitchen manager disciplined both workers,giving one a two-day suspension and the other a four-day suspension.The kitchen manager's actions violated the __________ part of the OUCH test.

A)Objective
B)Uniform in Application
C)Consistent in Effect
D)Has Job Relatedness

Question 80

The business necessity argument ___________________ in a disparate treatment case.

A)cannot be used as a legal defense
B)can be used as a legal defense
C)is the key to winning
D)cannot be used at all