Deck 3: The Legal Environment and Diversity Management

Question 1

______ is a test used by various federal courts,the Department of Labor,and the EEOC to determine whether disparate impact exists in an employment test.

A) OUCH test
B) Pattern or practice
C) Four-Fifths Rule
D) Reverse discrimination

Answer 1

C

Question 2

______ is making distinctions that harm people and that are based on those people's membership in a protected class.

A) Illegal discrimination
B) Four-Fifths Rule
C) Reverse discrimination
D) Affirmative action

Answer 2

A

Question 3

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

Answer 3

A

Question 4

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 four-fifths 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% of the White male hiring rate.
C) No, because the hiring rate of African American males is 80% of that of White males.
D) Yes, because there were fewer African American applicants.

Question 5

______ is discrimination against the majority employee group based on a legally protected factor,such as race or religion.

A) Reverse discrimination
B) Reasonable accommodation
C) Job relatedness
D) Four-Fifths Rule

Question 6

Edward is paid $5 an hour less for doing a job that requires an equal level of skill,effort,and responsibility as a job performed by Elizabeth.Both Edward and Elizabeth perform under similar working conditions.Edward's lower pay could be a violation of the ______.

A) Americans with Disabilities Act
B) Executive Order 11246
C) Equal Pay Act
D) Immigration Reform and Control Act

Question 7

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

A) objective: fact-based, and quantifiable, not subjective or emotional
B) ornery: difficult to deal with, or to control
C) ostentatious: displaying wealth or knowledge in a way that attracts attention
D) obvious: easy for the mind to understand or recognize

Question 8

Acme Global needed to hire 30 new advertising sales agents.The applicant pool consisted of 100 African American males and 100 White males.Of the 200 applicants,Acme Global hired 10 of the African American males and 20 of the White males.Is there evidence of disparate impact?

A) Yes, the African American selection rate of 20% is less than 80%, so the Four-Fifths Rule is not met.
B) Yes, the African American selection rate of 5% is less than 16%, so the Four-Fifths Rule is not met.
C) No, the African American selection rate of 20% is more than 5%, so the Four-Fifths Rule is met.
D) No, the African American selection rate of 10% is less than 80%, so the Four-Fifths Rule is met.

Question 9

______ is a rule of thumb used whenever you are contemplating any employment action,to maintain fairness and equity for all of your employees or applicants.

A) Affirmative action
B) OUCH test
C) Four-Fifths Rule
D) Essential function

Question 10

Haley is hiring a courier whose primary job duties will be to deliver messages and materials via bicycle throughout the city.In hiring,Haley favors an applicant who has information technology skills and can help debug computer problems.Haley's action violates the ______ part of the OUCH test.

A) objective
B) uniform in application
C) consistent in effect
D) has job relatedness

Question 11

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 12

The Equal Pay Act is concerned with ______ discrimination.

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

Question 13

Two Acme Global workers got into an argument about whose turn it was to clean up the work station.The argument escalated into a fight that damaged the work station and injured both workers.The manager disciplined both workers,giving one a 2-day suspension and the other a 4-day suspension.The 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 14

The marketing department at Acme Global is hiring new sales associates.Out of 100 White applicants and 50 African American applicants,Acme Global hired 10 Whites.How many African American applicants would need to be hired for Acme Global to avoid the appearance of adverse impact? In other words,how many African American candidates must be hired to meet the requirements of the Four-Fifths Rule?

A) 1
B) 2
C) 3
D) 4

Question 15

______ exists when individuals in similar situations are intentionally treated differently and the different treatment is based on an individual's membership in a protected class.

A) Job relatedness
B) Disparate impact
C) Disparate treatment
D) Pattern or practice discrimination

Question 16

Carsten 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,Carsten 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.Carsten'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 17

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 18

Acme Global needed to hire 45 new advertising sales agents.The applicant pool consisted of 100 African American females and 100 White females.Of the 200 applicants,Acme Global hired 20 of the African American females and 25 of the White females.Is there evidence of disparate impact?

A) Yes, the African American selection rate of 20% is less than 80%, so the Four-Fifths Rule is not met.
B) Yes, the African American selection rate of 25% is less than 80%, so the Four-Fifths Rule is not met.
C) No, the African American selection rate of 25% is more than 20%, so the Four-Fifths Rule is met.
D) No, the African American selection rate of 20% is equal to 80% of the 25% selection rate for Whites, so the Four-Fifths Rule is met.

Question 19

Acme Global requires its delivery drivers to wear a uniform that clearly designates them as a member of the Acme Global Corporation so that customers will be able to identify them.The uniform is khaki pants and a collared shirt with the Acme Global logo on it.The organization recently had a female applicant from a religious group that does not allow women to wear pants.The applicant was turned down because she cannot wear the uniform.This action by Acme Global violates the ______ part of the OUCH test.

A) objective
B) uniform in application
C) consistent in effect
D) has job relatedness

Question 20

______ is the act of making distinctions or choosing one thing over another; in human resources,it is making distinctions among people.

A) Four-Fifths Rule
B) Affirmative action
C) Discrimination
D) Reverse discrimination

Question 21

______ is a qualification that is absolutely required in order for an individual to be able to successfully do a particular job.

A) Disparate treatment
B) Essential functions
C) Disparate impact
D) Bona fide occupational qualification (BFOQ)

Question 22

______ 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) Reasonable accommodation
B) Undue hardship
C) Race norming
D) Job relatedness

Question 23

Acme Global would most likely not be guilty of disparate treatment based on gender if it were to require applicants to be male when hiring a ______.

A) salesperson
B) marketing director
C) mailroom clerk
D) bathroom attendant

Question 24

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

A) Job relatedness
B) Disability
C) Business necessity
D) Disparate impact

Question 25

______ are monetary damages awarded by the court that compensate the injured person for losses.

A) Affirmative actions
B) Undue hardship
C) Reasonable accommodation
D) Compensatory damages

Question 26

In general,only the ______ can bring a federal suit alleging a pattern or practice of discrimination.

A) governor of the state
B) office of compliance
C) attorney general
D) police

Question 27

______ are the fundamental duties of a job including things that are done routinely and frequently.

A) Essential functions
B) Job relatedness
C) Disability
D) Reasonable accommodation

Question 28

When hiring clerks for the mail room,Acme Global required applicants to take a sorting ability test.The test screened out many more Caucasian job candidates than it did African American job candidates.The test appears to cause ______.

A) disparate treatment
B) divergent impact
C) disparate impact
D) illegal discrimination

Question 29

______ occurs when a person or group engages in a sequence of actions over a significant period of time that is intended to deny the rights provided by Title VII of the Civil Rights Act of 1964 to a member of a protected class.

A) Pattern or practice discrimination
B) Disparate impact
C) Disparate treatment
D) Disability

Question 30

Acme Global is looking to hire wind turbine engineers.Because of the field work,Acme Global wants to advertise for young workers who can work to repair giant turbines.If they do so,their advertisement would likely be a violation of the ______.

A) Americans with Disabilities Act
B) Rehabilitation Act
C) Age Discrimination in Employment Act
D) Title VII of the Civil Rights Act

Question 31

Rebecca has diabetes and is considered disabled under the Americans with Disabilities Act.Her boss allows her to take breaks to eat,to take her medication,and to test her blood-sugar levels.These actions by her employer are ______.

A) illegal discrimination
B) compensatory damages
C) reasonable accommodations
D) bona fide occupational qualifications

Question 32

According to the Americans with Disabilities Act,a(n)______ is made by an employer to allow someone who is disabled but otherwise qualified to do the essential functions of a job to be able to perform that job.

A) reasonable accommodation
B) job relatedness
C) disability
D) essential functions

Question 33

______ job functions are those that may be performed on the job but need not be performed by all holders of the job.

A) Side
B) Job related
C) Marginal
D) Reasonable

Question 34

______ occurs when an officially neutral employment practice disproportionately excludes the members of a protected group; it is generally considered to be unintentional,but intent is irrelevant.

A) Disparate impact
B) Pattern or practice discrimination
C) Job relatedness
D) Disparate treatment

Question 35

The Age Discrimination in Employment Act of 1967 (ADEA)prohibits discrimination against employees age ______ or older and restricts mandatory retirement.

A) 21
B) 39
C) 40
D) 65

Question 36

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

A) Undue hardship
B) Affirmative actions
C) Reasonable damages
D) Punitive damages

Question 37

A Methodist church sought to hire a pastor for its new church.When a member of the Catholic faith applied for the job,the church rejected the application.The church's defense was that being Methodist was ______.

A) disparate treatment
B) disparate impact
C) affirmative action
D) a bona fide occupational qualification

Question 38

According to the Americans with Disabilities Act,a(n)______ is a physical or mental impairment that substantially limits one or more major life activities,a record of having such an impairment,or being regarded as having such an impairment.

A) essential functions
B) job relatedness
C) reasonable accommodation
D) disability

Question 39

______ exists when a test for employment is a legitimate measure of an individual's ability to do the essential functions of a job.

A) Pattern or practice discrimination
B) Job relatedness
C) Reasonable accommodation
D) Essential functions

Question 40

Jack allowed a male employee paid time off work to contest a speeding ticket in court.When a female employee asked for similar time off to contest her ticket,Jack refused.He said there was no point in allowing a woman to contest a driving ticket.Jack's actions likely constitute ______.

A) disparate treatment
B) disparate impact
C) constructive discharge
D) affirmative action

Question 41

______ 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) Americans with Disabilities Act
D) Genetic Information Nondiscrimination Act of 2008

Question 42

The ______ amends Uniformed Services Employment and Reemployment Rights Act to maintain healthcare coverage while away on duty and require employers to post a notice of benefits,duties,and rights of reemployment.

A) Immigration and Nationality Act
B) Veterans Benefits Improvement Act of 2004
C) Rehabilitation Act
D) Civil Rights Act of 1991

Question 43

The ______ was designed to take a variety of different immigration laws and combine them into a single act.

A) Immigration Reform and Control Act of 1986
B) Uniformed Services Employment and Reemployment Rights Act
C) Immigration and Nationality Act of 1952
D) Comprehensive Immigration Act of 2012

Question 44

Coleton 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

Question 45

______ exists when different groups of people have different scores designated as "passing" grades on a test for employment.

A) Race norming
B) Reasonable accommodation
C) Undue hardship
D) Job relatedness

Question 46

______ is any action such as firings,demotions,schedule reductions,or changes that would harm the individual employee.

A) Constructive discharge
B) Retaliation
C) Right-to-sue
D) Adverse employment action

Question 47

______ exists when an employee is put under such extreme pressure by management that continued employment becomes intolerable and,as a result,the employee quits,or resigns from the organization.

A) Right-to-sue
B) Retaliation
C) Adverse employment action
D) Constructive discharge

Question 48

______ is a notice from the EEOC,issued if it elects not to prosecute an individual discrimination complaint within the agency,that gives the recipient the right to go directly to the courts with the complaint.

A) Adverse employment action
B) Right-to-sue
C) Constructive discharge
D) Affirmative action

Question 49

Jacob filed a sexual harassment complaint against his supervisor.Afterward,Jacob's schedule was changed to the most undesirable shift and his work was constantly criticized.It is likely that Jacob experienced ______ for alleging sexual harassment.

A) disparate impact
B) constructive discharge
C) pattern or practice discrimination
D) retaliation

Question 50

When Anna showed up for her first day of work at Acme Global,she was required to produce documents verifying her identity and her eligibility to work in the United States.Acme Global is abiding by the ______.

A) Immigration and Nationality Act
B) Genetic Information Nondiscrimination Act
C) Immigration Reform and Control Act
D) Title VII of the Civil Rights Act of 1964

Question 51

______ 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) Retaliation
B) Right-to-sue
C) Adverse employment action
D) Constructive discharge

Question 52

Lily Ledbetter Fair Pay Act of 2009 amends the 1964 Civil Rights Act to ______ the period of time in which an employee is allowed to file a lawsuit over pay discrimination.

A) extend
B) reduce
C) eliminate
D) negotiate

Question 53

Brenda is a member of the National Guard.Her unit is being deployed to Afghanistan for 6 months.Her boss let her know that the company cannot hold her job for her while she is gone.She will be replaced as soon as she deploys and will have to find a new job at a different company when she returns.The actions of her boss are likely a violation of the ______.

A) Rehabilitation Act
B) Uniformed Services Employment and Reemployment Rights Act
C) Lilly Ledbetter Fair Pay Act
D) Immigration and Nationality Act

Question 54

______ was created in the 1960s through a series of policies at the presidential and legislative levels.Except in a few circumstances,it does not have the effect of law.

A) Diversity
B) EEO
C) Affirmative action
D) Civil rights

Question 55

______ is a series of policies,programs,and initiatives that have been instituted by various entities within both government and the private sector that are designed to prefer hiring of individuals from protected groups in certain circumstances,in an attempt to mitigate past discrimination.

A) Diversity
B) Affirmative action
C) EEO
D) Innovation

Question 56

______ prohibits the use of genetic information in employment,prohibits intentional acquisition of genetic information,and imposes confidentiality requirements.

A) Veterans Benefits Improvement Act of 2004
B) Rehabilitation Act
C) Americans with Disabilities Act
D) Genetic Information Nondiscrimination Act of 2008

Question 57

A Latino applicant scores 55 points on a job selection exam and is hired based on the results of the exam while a White applicant scores 62 points on the same exam and does not get hired.What illegal activity might have occurred?

A) reasonable accommodation
B) race norming
C) undue hardship
D) disparate impact

Question 58

Mai filed a sexual harassment complaint against her supervisor.Afterward,she noticed that managers were treating her differently and putting increased pressure on her.Eventually,the situation became intolerable for Mai and she voluntarily resigned from the organization.It is likely that Mai experienced ______ for alleging sexual harassment.

A) disparate impact
B) constructive discharge
C) quid pro quo sexual harassment
D) undue hardship

Question 59

The ______ states that employers may only hire individuals who are authorized to legally work in the United States.

A) Immigration Reform and Control Act of 1986
B) Uniformed Services Employment and Reemployment Rights Act
C) Immigration and Nationality Act of 1952
D) Comprehensive Immigration Act of 2012

Question 60

______ is a very broad set of concepts that deal with the differences among people within organizations.

A) Diversity
B) EEO
C) Affirmative action
D) Civil rights

Question 61

______ is how organizations go through the process of creating new things-the opposition itself drives the organization to change.

A) Diversity
B) Innovation
C) Creativity
D) Functional conflict

Question 62

______ is defined by the EEOC as "unwelcome sexual advances,requests for sexual favors,and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment,unreasonably interferes with an individual's work performance or creates an intimidating,hostile,or offensive work environment."

A) Sexual harassment
B) Hostile work environment
C) Quid pro quo harassment
D) Reasonable person

Question 63

______ is simply the act of being opposed to another.

A) Diversity
B) Cohesiveness
C) Conflict
D) Innovation

Question 64

The ability to find many possible solutions to a particular problem,including unique,untested solutions,is called ______.

A) diversity
B) affirmative action
C) divergent thinking
D) functional conflict

Question 65

______ is an intent and desire for group members to stick together in their actions.

A) Cohesiveness
B) Dysfunctional conflict
C) Functional conflict
D) Innovation

Question 66

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

A) Innovation
B) Creativity
C) Affirmative action
D) Diversity

Question 67

When Pedro and Margie started working together 2 years ago,they had both recently gotten divorced.Through their work,they became very good friends.After 2 years,Pedro decided he would like to ask Margie out on a date.When he did so,she declined his offer,saying she had recently met someone through an online dating service.Pedro's behavior is likely ______.

A) quid pro quo sexual harassment
B) hostile environment sexual harassment
C) sexual conflict
D) not sexual harassment

Question 68

______ is simply the existence of differences-in human resource management,it deals with different types of people in an organization.

A) Affirmative action
B) Innovation
C) Diversity
D) Creativity

Question 69

______ is the ability to find many possible solutions to a particular problem,including unique,untested solutions.

A) Innovation
B) Diversity
C) Creativity
D) Divergent thinking

Question 70

______ is the act of creating useful processes or products based on creative thought processes.

A) Innovation
B) Creativity
C) Diversity
D) Affirmative action

Question 71

______ is a very specific legal term in human resource management meaning harassment that occurs when someone's behavior at work creates an environment that is sexual in nature and that makes it difficult for someone of a particular sex to work in that environment.

A) Quid pro quo harassment
B) Reasonable person
C) Sexual harassment
D) Hostile work environment

Question 72

______ is the "average" person who would look at the situation and its intensity to determine whether the accused person was wrong in their actions.

A) Reasonable person
B) Quid pro quo harassment
C) Hostile work environment
D) Sexual harassment

Question 73

Taylie,Sudhir,and Paige are working together on a team.Each member is from a different culture and brings a different perspective on the work to the task.However,the group struggles with conflict to the point that creativity is stifled and the team's work becomes very difficult to accomplish.The team is experiencing ______.

A) illegal discrimination
B) divergent thinking
C) dysfunctional conflict
D) compensatory damages

Question 74

Soo-jin told her coworker Harrison an obscene joke.They both laughed very hard and Harrison told Soo-jin an equally dirty joke.Soo-jin and Harrison enjoy their jokes and are always careful to make sure they are not overheard and do not disturb anyone else at work when they tell them.This behavior is ______.

A) quid pro quo sexual harassment
B) hostile environment sexual harassment
C) not sexual harassment
D) disparate impact

Question 75

Sarah told Felipe,her assistant,that if he wanted her to recommend him for a promotion,he would need to accompany her to a conference and share a hotel room with her.This behavior is ______.

A) quid pro quo sexual harassment
B) hostile environment sexual harassment
C) constructive discharge
D) dysfunctional conflict

Question 76

Eleanor stops by Jenna's desk to talk about an assignment.When Jenna turns to show Eleanor something on the computer,Eleanor begins to rub Jenna's shoulders.Jenna has told Eleanor several times that this makes her feel uncomfortable and unable to concentrate on her work.Eleanor's behavior is likely ______.

A) quid pro quo sexual harassment
B) hostile work environment sexual harassment
C) not a problem, Amanda needs to lighten up
D) disparate impact

Question 77

As a Muslim,Ahmed takes breaks from his work at certain times each day to pray.His employer makes this reasonable accommodation to the work schedule to support Ahmed and to avoid illegal religious discrimination under the ______.

A) Civil Rights Act of 1964
B) Uniformed Services Employment and Reemployment Rights Act
C) Employment Act
D) Immigration and Nationality Act

Question 78

______ is harassment that occurs when some type of benefit or punishment is made contingent upon the employee submitting to sexual advances.

A) Reasonable person
B) Sexual harassment
C) Hostile work environment
D) Quid pro quo harassment

Question 79

Acme Global was ordered by a federal court to correct past discrimination within the organization.What Acme Global is required to implement is a(n)______ plan.

A) diversity
B) affirmative action
C) equal employment opportunity
D) reasonable accommodation

Question 80

What type of organizations are 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 governments with 50 or more employees