Deck 3: Implementing Equal Employment Opportunity

Question 1

The most frequent accommodation issue under Title VII's religious discrimination provisions arises from the conflict between religious practices and work schedules.

Answer 1

True

Question 2

The comparable worth theory states that every job by its very nature has a worth to the employer and society that can be measured and assigned a value.

Answer 2

True

Question 3

When business necessity is established,an employer can exclude all persons who do not meet specifications regardless of whether the specifications have an adverse impact on a protected group.

Answer 3

True

Question 4

Currently,U.S.courts only admit sexual harassment cases by men against women.

Question 5

Occupational parity refers to the situation in which fewer minorities or females are present in a particular job category than would reasonably be expected when compared to their presence in the relevant labor market.

Question 6

Courts have uniformly held that adverse action against individuals who undergo or announce an intention to undergo sex-change surgery violates Title VII.

Question 7

The EEOC has the power to file a lawsuit against an employer for the violation of one of the laws the EEOC administers.

Question 8

During a pre-employment interview,asking an applicant whether he or she is married is a permissible inquiry.

Question 9

Employment parity occurs when the proportion of minorities and women employed by the organization is greater than their representation in the relevant labor market.

Question 10

Affirmative Action requirements are monitored by the OFCCP.

Question 11

An employer may also be responsible for the acts of nonemployees,with respect to sexual harassment of employees in the workplace,where the employer (or its agents or supervisory employees)knows or should have known of the conduct and fails to take immediate and appropriate corrective action.

Question 12

The EEOC will attempt to conciliate an agreement between the charging party and the employer if the EEOC's investigation results in a finding of "reasonable cause."

Question 13

Concentration refers to the situation in which the proportion of minorities and women employed by the organization equals the proportion in the organization's relevant labor market.

Question 14

Employers with 10 or more employees must annually file the Employer Information Report,EEO-1.

Question 15

In the context of the EEOC determining whether discrimination against a protected group exists in an organization,the relevant labor market is taken to be the geographic region from which the organization recruits potential employees.

Question 16

The bona fide occupational qualification (BFOQ)permits employers to use religion,age,sex,or national origin as a factor in their employment practices when it is reasonably necessary to the normal operation of that particular business.

Question 17

Preferential treatment can be given to Native Americans in certain kinds of employment.

Question 18

Individuals who are diagnosed as HIV-positive but haven't developed symptoms of the condition are not considered to be disabled.

Question 19

If the EEOC decides to file a lawsuit on behalf of the charging party,it issues a right-to-sue letter to the respondent.

Question 20

If the EEOC does not file a lawsuit in a civil rights case,the person bringing the charge has no recourse and cannot prevail in the dispute.

Question 21

Bona fide occupational qualification exception for sex can be based on:

A)societal assumptions that men are not as sensitive and nurturing as women.
B)stereotypes such as women are not as aggressive as men.
C)customers preferences to be served by women.
D)the concept of authenticity,as in the casting of a movie.

Question 22

Occupational parity is:

A)a method to determine whether discrimination against groups protected by the law has occurred.
B)a proposed remedy to the historic pay differential between men and women.
C)a method used to ensure that all jobs are fairly priced in relation to each other.
D)an amendment of the Fair Labor Standards Act.

Question 23

When the proportion of minorities and women employed by the organization equals the proportion in the organization's relevant labor market,it is known as ____.

A)underutilization
B)employment parity
C)concentration
D)occupational parity

Question 24

The practice of having more minorities or women in a job category than would reasonably be expected is referred to as:

A)occupational parity.
B)underutilization.
C)systemic discrimination.
D)concentration.

Question 25

An affirmative action plan seeks to remedy:

A)hostility within an organization.
B)past discriminatory actions.
C)cases that the courts cannot settle.
D)pending cases that await appeal.

Question 26

Which of the following statements is true about the right-to-sue letter?

A)It is a statutory notice issued by the EEOC to the charging party.
B)It is a part of the conciliation agreement sent to the respondents.
C)It is issued by EEOC if it decides to file a lawsuit on behalf of the charging party.
D)It is a document which contains the charges to be filed with the EEOC.

Question 27

A(n)_____ is a written document outlining specific goals and timetables for remedying past discriminatory actions.

A)milestone schedule
B)affirmative action plan
C)work breakdown structure
D)applicant diversity chart

Question 28

Prior to litigating a discrimination charge,the EEOC would do all the following EXCEPT:

A)file a Supreme Court appeal.
B)evaluate the charge.
C)determine whether evidence will support a lawsuit.
D)propose a conciliation agreement.

Question 29

The Employer Information Report,EEO-1,must be filed annually by firms:

A)with 100 or more workers.
B)employing fewer than 40 workers.
C)exempted from other labor laws due to recent bankruptcy.
D)found guilty of employment discrimination within the past ten years.

Question 30

While processing a discrimination charge,if the charge is deemed litigation worthy,the EEOC then:

A)sends a conciliation agreement to the respondents.
B)offers a fact-finding mediation program to the charging party and respondents.
C)conducts an investigation of the charges.
D)files a lawsuit in the appropriate state or federal court.

Question 31

Which of the following is a valid bona fide occupational qualification exception?

A)Refusing to hire a woman because women are less capable of aggressive salesmanship.
B)Refusing to hire a woman as an airline pilot based on her age.
C)Refusing to hire a man because men are less capable of assembling intricate equipment.
D)Refusing to higher a woman based on the assumption that turnover rate among women is higher than among men.

Question 32

The charging party must file a civil action suit in the appropriate court within _____ days of receipt of the statutory notice of right to sue.

A)20
B)50
C)90
D)120

Question 33

The EEOC has the authority to develop and publish procedural regulations regarding the enforcement of which of the following acts?

A)Rehabilitation Act
B)Family and Medical Leave Act
C)Immigration Reform and Control Act
D)Americans with Disabilities Act

Question 34

The practice of having fewer minorities or women in a particular job category than their corresponding numbers in the relevant labor market is referred to as ____.

A)underutilization
B)occupational parity
C)concentration
D)employment parity

Question 35

All federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans,which are monitored by the ____.

A)Equal Employment Opportunity Commission
B)National Labor Relations Board
C)Office of Federal Contract Compliance Programs
D)
D)U.S.Office of Personnel Management (OPM)

Question 36

The EEO-1 report requires a breakdown of the employer's workforce in specified job categories by race,sex,and ____.

A)language
B)age
C)religion
D)national origin

Question 37

In determining whether discrimination against groups protected by the law has occurred,the EEOC considers the relevant labor market to be:

A)the geographic area within 30 miles of the employer.
B)the nation in which the employer has his head office.
C)all the cities in which the employer has his offices.
D)the geographical area from which the employer recruits.

Question 38

A(n)_____ comes into play when an employer has a job specification that is neutral but excludes members of one sex at a higher rate than members of the other.The focus here is on the validity of stated job qualifications and their relationship to the work performed.

A)occupational parity
B)business necessity
C)BFOQ
D)systemic parity

Question 39

The EEOC has the power to do all of the following EXCEPT:

A)intervene in private litigation.
B)issue procedural regulations.
C)enact new employment laws.
D)initiate litigation.

Question 40

Occupational parity exists when the proportion of minorities and women employed in various occupations within the organization:

A)equals their proportion in the national population's ten-year census.
B)exceeds expectations based upon demographic trends.
C)equals their proportion in the organization's relevant labor market.
D)has increased as compared to the previous year.

Question 41

Which of the following questions can be asked in a pre-employment interview without the risk of inviting a discrimination suit?

A)"What is your mother tongue?"
B)"What is your marital status?"
C)"How many children do you have?"
D)"Would you be able to meet specified work schedules?"

Question 42

Explain the term "employment parity".

Question 43

Explain the term business necessity.

Question 44

Which of the following is NOT an employer's responsibility regarding sexual harassment?

A)File annual reports with the EEOC about the prevalence of sexual harassment in the organization.
B)Maintain and communicate an organizational sexual harassment policy.
C)Hear and investigate any sexual harassment complaints.
D)Take immediate and appropriate corrective action when knowledge of sexual harassment is evident.

Question 45

Define the term "sexual harassment".

Question 46

The _____ theory refers to the idea that every job has a worth to the employer and society that can be measured and assigned a value.

A)implicit worth
B)occupational worth
C)comparable worth
D)self-worth

Question 47

Which of the following questions regarding the citizenship of an applicant is permitted to be asked during a pre-employment interview?

A)"Are you a citizen of the United States?"
B)"When did you acquire U.S.citizenship?"
C)"Are you a naturalized or native born U.S.citizen?"
D)"Is your wife a citizen of the United States?"

Question 48

Outline the EEOC posting requirements.

Question 49

Which of the following is true regarding the comparable worth theory?

A)This theory takes into consideration wage rates paid by other employers.
B)Proponents of this theory believe that the Equal Pay Act offers protection to female workers.
C)This theory takes into consideration availability of qualified workers.
D)This theory holds that entire classes of jobs are traditionally undervalued because they are held by women.

Question 50

In the case of City of Philadelphia v.Pennsylvania Human Relations Commission,the court restricted the employment of youth supervisors to persons of the same sex as those being supervised.This decision is based on which of the following concepts?

A)Bona fide occupational qualification (BFOQ)
B)Affirmative action
C)Occupational parity
D)Systematic discrimination

Question 51

Explain the terms concentration and underutilization.

Question 52

What are the various steps in processing a discrimination charge?

Question 53

The most frequent accommodation issue under Title VII's religious discrimination provisions arises from the conflict between:

A)religious practices and work schedules.
B)orthodox and reformed segments of a religion.
C)business attire and attire prescribed by religion.
D)work clients and religious social circles.

Question 54

Which of the following questions is to be avoided in a preemployment inquiry?

A)Are you a citizen of the US?"
B)"Have you been convicted of a felony?"
C)"What languages do you speak?"
D)"What type of discharge did you receive from the military?"

Question 55

What are the various steps suggested by the EEOC for the development of an effective affirmative action plan?

Question 56

The Supreme Court determined HIV-positive status to be a:

A)disability only after AIDS has resulted from the condition.
B)company-determined issue with no judicial influence.
C)disability entitled to the protection of the Americans with Disabilities Act.
D)valid disqualifier for employment.

Question 57

Currently,most statutory influence regarding sexual orientation as a protected segment of equal employment rests within:

A)Federal law.
B)the most recent amendments to the U.S.Constitution.
C)EEOC regulations.
D)local or state law.

Question 58

Explain with an example,the purpose of the bona fide occupational qualification (BFOQ).

Question 59

Discuss the extent of protection against discrimination available to individuals with reference to their sexual orientation.

Question 60

What does the comparable worth theory argue?