Deck 3: Providing Equal Employment Opportunity and a Safe Workplace

Question 1

A manager who promises a raise to an employee who will participate in sexual activities is said to be engaging in quid pro quo harassment.

Answer 1

True
Explanation: Quid pro quo harassment indicates that a person makes a benefit (or punishment) contingent on an employee's submitting to (or rejecting) sexual advances. For example, a manager who promises a raise to an employee who will participate in sexual activities is engaging in quid pro quo harassment.

Question 2

The practice of valuing diversity views a heterogeneous workforce as a liability because of the differences in perspectives and practices.

Answer 2

False
Explanation: The practice of valuing diversity has no single form; it is not written into law or business theory.

Question 3

A person can file a claim under the Fourteenth Amendment on charges of racial discrimination if he or she is fired by a private employer.

Answer 3

False
Explanation: The Fourteenth Amendment applies only to the decisions or actions of the government or of private groups whose activities are deemed government actions. A person could file a claim under the Fourteenth Amendment if he or she had been fired from a state university (a government organization) but not if the person had been fired by a private employer.

Question 4

A plaintiff must show an employer's intent to prove disparate impact in court.

Question 5

The legislative branch of the U.S.government is responsible for enforcing the laws passed by Congress.

Question 6

The Civil Rights Act of 1991 was partly designed to overturn Supreme Court decisions.

Question 7

In employment law,reasonable accommodation refers to employees' obligation to adjust and make complete compromises to engage in all aspects of their jobs while disregarding their personal beliefs and practices that conflict with an organization's policies.

Question 8

Under the Equal Pay Act of 1963,pay differences are permitted between men and women performing the same job if the difference arises from any factor other than sex.

Question 9

Organizations that are government contractors or subcontractors must file an Employer Information Report (EEO-1)with the Equal Employment Opportunity Commission (EEOC)every year.

Question 10

Executive Order 11478 requires the federal government to base all its employment policies on national origin.

Question 11

Title VII of the Civil Rights Act of 1964 states that employers may retaliate against employees for either opposing a perceived illegal employment practice.

Question 12

Disparate treatment on the basis of sex is illegal even if it is a bona fide occupational qualification.

Question 13

If an attempt at a settlement fails,the Equal Employment Opportunity Commission (EEOC)may issue a "right to sue" letter to the alleged victim.

Question 14

The Americans with Disabilities Act covers people with problems arising from substance abuse.

Question 15

The general-duty clause states that it is each employer's duty to furnish a place of employment free from recognized hazards.

Question 16

If an individual's behavior in the workplace creates an environment in which it is difficult for someone of a particular sex to work,it cannot be regarded as sexual harassment.

Question 17

The Office of Federal Contract Compliance Programs (OFCP)audits government contractors to ensure they are actively pursuing the goals in their plans.

Question 18

According to the Occupational Safety and Health Act (OSH Act),employers have the right to withhold an employee's access to records regarding exposure.

Question 19

An employer's refusal to hire a pregnant woman is acceptable by law.

Question 20

The Fourteenth Amendment abolished slavery in the United States.

Question 21

Which of the following represents an act of participation in a proceeding?

A) Removing a whistleblower from employment
B) Implementing affirmative action measures
C) Expressing dissatisfaction over employment casually
D) Retaliating against a whistleblower
E) Testifying in an investigation

Question 22

Which of the following agencies is primarily responsible for enforcing the laws passed by Congress?

A) The U.S. House of Representatives
B) The U.S. Senate
C) The executive branch of the government
D) The legislative branch of the government
E) The U.S. Cabinet

Question 23

The Occupational Safety and Health Act directly regulates employee behavior in work places to ensure safety.

Question 24

Naomi,a white female applicant,is refused a job at a state university in favor of a less qualified minority applicant.She considers suing the state university on charges of reverse discrimination against her under _____.

A) the Thirteenth Amendment
B) the Fourteenth Amendment
C) the Twenty-Second Amendment
D) the Civil Rights Act of 1866
E) the Occupational Safety and Health Act

Question 25

Alyssa thinks that her company is discriminating against a particular group of employees by denying them seniority or promotions.She expresses her concern to a senior human resources manager.This method of expressing concern about an instance of illegal employment through proper channels is known as _____.

A) opposition
B) retaliation
C) participation in a proceeding
D) discrimination
E) affirmative action

Question 26

Cultural differences are insignificant while promoting safety internationally.

Question 27

Which of the following statements is true about the Civil Rights Acts of 1866 and 1871?

A) They denied plaintiffs any form of compensatory and punitive damages.
B) They restricted the rights of entering into and enforcing contracts to white citizens only.
C) They denied individuals the right to sue in federal court.
D) They excluded other individuals from having the same property rights as white citizens.
E) They were passed to further the Thirteenth Amendment's goal of abolishing slavery.

Question 28

The Age Discrimination in Employment Act (ADEA)protects only those workers who are over the age of _____.

A) 30
B) 25
C) 20
D) 40
E) 35

Question 29

Office workers who encounter a chemical infrequently are covered by the requirements of the Occupational Safety and Health Act's general duty clause.

Question 30

According to the Equal Pay Act of 1963,men and women performing the same job cannot have differences in pay on the basis of _____.

A) merit
B) seniority
C) education
D) quality of production
E) sex

Question 31

Emma,a 24-year-old Hispanic woman,pressed charges of sexual harassment against Jonathan,a politician.The case became sensational because the accused was one of the strongest candidates in the upcoming elections.In the case's final stage,the United States Supreme Court issued a verdict that cleared Jonathan of all charges on the grounds of lack of evidence.The ruling spurred angry protests from many interest groups,especially Hispanic women,and they wanted the verdict reversed.According to the prevalent system,which among the following would invalidate the verdict in this case?

A) A mass petition from the public
B) An appeal from the minority population
C) A law passed by Congress
D) A ruling by the Equal Employment Opportunity Commission
E) A petition from the United States Women Rights Council

Question 32

Under the job hazard analysis technique,if a single job element has a high hazard potential,the entire job is not completed.

Question 33

Which of the following statements reflects a violation of the Age Discrimination in Employment Act?

A) Older employees are permitted to work even after attaining the retirement age.
B) Employees over the age of 40 are asked to retire as part of a company's downsizing program.
C) An employee is denied employment because of the fact that he is a minor.
D) Older workers in an organization are better compensated than the younger workers.
E) An employee avails voluntary retirement before attaining the retirement age.

Question 34

Which of the following is enforced by the Equal Employment Opportunity Commission?

A) Thirteenth Amendment
B) Rehabilitation Act of 1973
C) Fourteenth Amendment
D) Executive Order 11246
E) Americans with Disabilities Act of 1990

Question 35

_____ granted all persons the same property rights as white citizens,as well as the right to enter into and enforce contracts.

A) The Thirteenth Amendment
B) The Fourteenth Amendment
C) The Civil Rights Act of 1866
D) Title VII of the Civil Rights Act
E) Executive Order 11246

Question 36

Jonathan and Nicole hold the same position at an organization.However,Jonathan is paid more than Nicole.According to the Equal Pay Act of 1963,which of the following will strengthen the fact that the pay difference is a legal one?

A) Jonathan is more skilled than Nicole because he is a male.
B) Nicole is not an American citizen.
C) Jonathan is younger than Nicole.
D) Nicole is pregnant.
E) Jonathan works the night shift.

Question 37

If an Occupational Safety and Health Act (OSHA)violation results in citations,an employer must post each citation in a prominent place near the location of the violation.

Question 38

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

A) The act permits employers to hire job applicants belonging exclusively to a particular nationality.
B) The act applies to organizations with 15 or more employees.
C) The act permits employers to retaliate against employees participating in a proceeding against an employer.
D) The act protects employers from an employee's opposition to an alleged illegal employment practice.
E) The act permits employers to hire an individual based on his or her gender and race in the absence of a bona fide occupational qualification (BFOQ).

Question 39

Which of the following refers to an organization's active effort to find opportunities to hire or promote people in a particular group?

A) Affirmative action
B) Disparate impact
C) Reasonable accommodation
D) Reverse discrimination
E) Adverse impact

Question 40

Identify the statement that characterizes the Age Discrimination in Employment Act (ADEA).

A) It favors the idea of coercing employees to accept early-retirement incentives.
B) It permits an employer to reduce the fringe benefits to all employees over 40.
C) It permits companies to lay off older workers when the economy is slow.
D) It outlaws making employment decisions based on a person's age being over 40.
E) It recommends early-retirement incentive programs wherein employees agree not to sue the company for ageism.

Question 41

Florence,a marketing executive in her late thirties,had worked at a reputable marketing firm for the last three years.However,she was fired from the company without any prior notice when she collapsed at work after experiencing an epileptic seizure.Following this,Florence sued the company under _____.

A) Executive Order 11246
B) Rehabilitation Act of 1973
C) Americans with Disabilities Act
D) Occupational Safety and Health Act
E) Executive Order 11478

Question 42

The Americans with Disabilities Act protects individuals who are _____.

A) obese
B) severely disfigured
C) subject to substance abuse
D) left handed
E) suffering from vision problems, such as myopia

Question 43

Which of the following legislations requires the federal government to base all its employment policies on merit and fitness?

A) Executive Order 11246
B) Executive Order 11478
C) The Civil Rights Act of 1866
D) The Civil Rights Act of 1871
E) The Rehabilitation Act of 1973

Question 44

According to the affirmative-action plan required by the Office of Federal Contract Compliance Programs,_____ refer(s)to a plan identifying the ways in which an organization will meet its diversity goals.

A) action steps
B) utilization analysis
C) diversification
D) affirmative action
E) disparate impact

Question 45

Solar Energy Inc.is a company that produces solar panels for domestic use.It has 800 permanent employees working in different departments.Suppose the company gets involved in a case of intentional employee discrimination,what will be the maximum punitive damage that it will have to pay under the Civil Rights Act of 1991?

A) $50,000
B) $100,000
C) $200,000
D) $250,000
E) $300,000

Question 46

Reese's use of illegal drugs limits her ability to walk properly.The elevator at her office was not working for many months,so she needed to climb two flights of stairs and it was difficult to get to her desk.She tried suing her company under the Americans with Disabilities Act (ADA)of 1990,arguing that her company discriminates against individuals who cannot perform major life activities.Which of the following would weaken Reese's argument?

A) Reese is not a senior employee.
B) The ADA prohibits discrimination only against workers who are over the age of 40.
C) The ADA does not cover conditions of substance abuse.
D) Reese is not pregnant.
E) The ADA applies only to the decisions or actions of the government.

Question 47

William,an employee with the U.S.Postal Service,was deployed to Afghanistan to serve in the U.S.army for two years.After the completion of his military duties,he resumed work at the post office.He was reemployed at a higher status and provided a higher compensation package.Which of the following legislation was used to help William return to reemployment on such favorable terms?

A) Genetic Information Nondiscrimination Act (GINA)
B) Uniformed Services Employment and Reemployment Rights Act (USERRA)
C) Americans with Disabilities Act (ADA)
D) Age Discrimination in Employment Act (ADEA)
E) Occupational Safety and Health Act (OSHA)

Question 48

Identify the case in which disparate treatment is considered legal.

A) In a particular retail outlet, male workers are employed to handle the sales.
B) In an electrical company, male workers are exclusively employed to work as electricians.
C) In a vehicle manufacturing company, male workers are exclusively employed in all departments.
D) In a certain shopping mall, female workers are exclusively employed to clean the women's restroom.
E) In a particular hospital, only female nurses are appointed.

Question 49

According to the affirmative-action plan required by the Office of Federal Contract Compliance Programs,which of the following refers to a comparison of the race,sex,and ethnic composition of an employer's workforce with that of the available labor supply?

A) Content analysis
B) Job analysis
C) SWOT analysis
D) Utilization analysis
E) Applied behavior analysis

Question 50

Identify the statement that accurately represents the Americans with Disabilities Act.

A) It permits an employer to cut down on fringe benefits of individuals with disabilities.
B) It permits discrimination in areas such as layoffs and leaves.
C) It goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the legislation.
D) It classifies a person who needs ordinary eyeglasses or contact lenses to perform each major life activity with little or no difficulty as disabled.
E) It is used to protect individuals with conditions such as obesity and substance abuse.

Question 51

Differing conduct toward individuals,where the differences are clearly based on the individuals' race,color,religion,sex,national origin,age,or disability status is termed as _____.

A) sexual discrimination
B) affirmative action
C) disparate treatment
D) reasonable accommodation
E) reverse discrimination

Question 52

A _____ refers to an agreement between the Equal Employment Opportunity Commission (EEOC)and an organization that the organization will cease certain discriminatory practices and possibly institute additional affirmative-action practices to rectify its history of discrimination.

A) trust agreement
B) good faith bargaining
C) consent decree
D) letter of indemnity
E) judicial estoppel

Question 53

Which of the following statements is true of a bona fide occupational qualification?

A) It is considered illegal by a court.
B) It is a necessary qualification for a job.
C) It is strictly prohibited by organizations.
D) It is a preferred qualification for the job.
E) It is used to deem disparate treatment illegal.

Question 54

Under the Uniformed Services Employment and Reemployment Rights Act of 1994,employers must reemploy workers who left jobs to fulfill military duties for up to _____ years.

A) five
B) eight
C) six
D) seven
E) nine

Question 55

After filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC)or other governmental agency,how long does an individual have to wait to sue in federal court?

A) 30 days
B) 60 days
C) 10 days
D) 20 days
E) 40 days

Question 56

Select the statement that characterizes the Civil Rights Act of 1991.

A) It limits damage claims to attorney's fees and costs.
B) It requires violators to pay punitive damages that specifically cover emotional pain and suffering.
C) It prohibits violators from paying compensatory damages.
D) It limits the maximum punitive damages allowed, depending on the size of an organization.
E) It limits the maximum punitive damages to $50,000 for all organizations even if the discrimination was intentional.

Question 57

The _____ is the set of guidelines issued by the Equal Employment Opportunity Commission (EEOC)and other agencies to identify how an organization should establish a recruitment process that is free and fair.

A) Uniform Commercial Code
B) Equal Opportunity Legislation and Policy
C) Code of Federal Regulations
D) Uniform Guidelines on Employee Selection Procedures
E) Equal Employment Opportunity Commission's Employer Information (EEO-1) Report

Question 58

Name the agency that is responsible for enforcing the executive orders that cover companies doing business with the federal government.

A) The Occupational Safety and Health Administration
B) The National Institute for Occupational Safety and Health
C) The Office of Federal Contract Compliance Programs
D) The Equal Employment Opportunity Commission
E) The Federal Department of Employment and Workplace Relations

Question 59

The Vocational Rehabilitation Act of 1973 was introduced to enhance employment opportunity for _____.

A) women
B) minors
C) older employees
D) individuals with disabilities
E) minorities

Question 60

Sam leaves an organization for three years to fulfill military duties.Which of the following observations is true of his employer's obligation to reemploy Sam under the Uniformed Services Employment and Reemployment Rights Act?

A) The employer is not obligated to reemploy Sam.
B) The employer must reemploy Sam with the same seniority and status he would have earned if his employment had not been interrupted.
C) The employer must reemploy Sam but is exempted from providing him any fringe benefits or retirement benefits.
D) The employer should implement an early-retirement incentive program for Sam.
E) The employer must reemploy Sam with a lower pay scale to compensate for the loss of his absence.

Question 61

Describe the provisions of Americans with Disabilities Act (ADA)of 1990.How is it different from other Equal Employment Opportunity laws (EEO laws)? Regina is visually impaired to the extent that she cannot read without her glasses.Ed has had leukemia but has now gone into remission.Will both of them be eligible for compensation under the provisions of ADA? Justify your answer with appropriate reasons.

Question 62

Identify the correct statement regarding the Occupational Safety and Health Act (OSHA).

A) In a closing conference, all the findings of the inspection are kept confidential with the concerned officers.
B) OSHA compliance officers do not entertain any kind of input or complaints from employees during the inspection.
C) OSHA compliance officers notify employers a month in advance before the inspection.
D) The OSHA compliance officer will seek a restraining order from the U.S. District Court, even if the inspection reveals that the problem is minor.
E) If an OSHA violation results in citations, an employer must post each citation in a prominent place near the location of the violation.

Question 63

Identify the correct statement regarding reasonable accommodation.

A) Reasonable accommodation is the same as reverse discrimination.
B) Reasonable accommodation exclusively compensates for poor educational background that hampers the progress of employees.
C) Reasonable accommodation is typically provided in situations involving individuals with disabilities or different religious needs.
D) Reasonable accommodation is provided on a homogeneous basis without the provisions being tailored to the individual needs of employees.
E) Reasonable accommodation is provided by an organization even if the requisite changes create undue hardship on the organization.

Question 64

Identify the most comprehensive U.S.law regarding worker safety.

A) The Thirteenth Amendment
B) The Fourteenth Amendment
C) The Occupational Safety and Health Act
D) The Rehabilitation Act of 1973
E) The Civil Rights Act of 1991

Question 65

Disparate treatment is considered a sign of discrimination.Why is this so? Do you think it can ever be legal? If so,in what kind of situations? Substantiate your answer with examples.

Question 66

What is affirmative action? Do you think this will lead to reverse discrimination? Explain your answer.

Question 67

Tom Fender has worked for a small chemical manufacturing company for the past 10 years.Of late,he and the other workers have developed minor respiratory problems.They confronted management demanding proper ventilation at the factory because inhaling chemical fumes continuously could prove fatal.When management did not respond to their demands,they threatened to sue the company under the _____.

A) Occupational Safety and Health Act
B) Equal Pay Act of 1963
C) Title VII of the Civil Rights Act of 1964
D) Americans with Disabilities Act
E) Age Discrimination in Employment Act

Question 68

Identify the method that breaks down jobs into basic elements to rate them for their potential for harm or injury.

A) Job hazard analysis technique
B) Utilization analysis
C) Technic of operations review
D) Action plan analysis
E) Diversity plan

Question 69

Select the method that promotes safety by determining which specific element of a job led to a past accident.

A) Reasonable accommodation
B) Affirmation action
C) Technic of operations review
D) Job hazard analysis technique
E) Utilization analysis

Question 70

Which of the following is true of quid pro quo harassment?

A) It involves mocking an individual's sexual orientation.
B) It refers to an individual gaining benefit in return for a sexual favor.
C) It involves making hiring decisions based on the gender of the applicant.
D) It involves harassment against people based exclusively on the factor of age.
E) It provides preferential treatment for the minority gender at the workplace.

Question 71

Logan,a blind man in his early twenties,was recently hired as a DJ at a local radio station in Miami.He was given permission by his manager to bring his guide dog to work.In this instance,Logan's employer makes a(n)_____.

A) disparate impact
B) disparate treatment
C) reverse discrimination
D) reasonable accommodation
E) undue hardship

Question 72

Which of the following is true about avoiding discrimination?

A) A bona fide occupational qualification is a merely preferred qualification for performing a job.
B) Proving disparate impact in court requires showing an employer's intent.
C) Proving disparate treatment in court does not require the plaintiff showing an employer's intent.
D) Reasonable accommodation is provided subject to the condition of undue hardship.
E) If the four-fifths rule is satisfied, substantial evidence of discrimination exists.

Question 73

A vehicle manufacturing company decides to hire 35 employees for its new servicing branch located in Texas.A total of 90 eligible applicants apply for the job of which 50 are white and 40 are black.Assuming that the company decides to hire 25 whites and 10 blacks,what can be inferred using the four-fifths rule?

A) 0.5 < 0.8, this indicates that there is no evidence of discrimination.
B) 2 > 0.8, this indicates that there is evidence of discrimination.
C) The hiring rate for blacks is equal to four-fifth the hiring rate of whites; hence, there is no evidence of discrimination.
D) 0.5 < 0.8, this indicates that there is evidence of discrimination.
E) 2 > 0.8, this indicates that there is no evidence of discrimination.

Question 74

Name the agency that is responsible for conducting research to determine the criteria for specific operations or occupations and for training employers to comply with the Occupational Safety and Health Act (OSH Act).

A) The Department of Health
B) The Department of Commerce
C) The Department of Trade
D) The Department of Labor
E) The Department of Development

Question 75

Identify the type of case where most of the debate focuses on discriminatory consequences and the plaintiff need not prove an employer's intent to discriminate.

A) Disparate impact
B) Disparate treatment
C) Reasonable accommodation
D) Affirmative action
E) Corrective action

Question 76

Select the case that would most likely be filed under disparate impact.

A) Majority of the applicants with high test scores are rejected due to an affirmative action plan.
B) A majority applicant is rejected on the grounds that a company only hires individuals from the minority group.
C) Minority applicants are being disproportionately rejected relative to majority applicants by a paper-and-pencil test.
D) A minority employee is fired for testifying in a discrimination suit filed against an employer.
E) At a particular organization, employees belonging to the minority group are given more privileges and benefits compared to employees belonging to the majority group.

Question 77

After a large fire at Rowen Mills Inc.,the Occupational Safety and Health Administration (OSHA)sent inspectors to the facility to investigate the incident.The group began its inspection by talking to all the employees involved in the recent fire and asked them what had caused the accident.Once all employees gave their views individually,they were asked to discuss among themselves the single systemic failure that caused the fire.Which of the following methods is being used by OSHA to study the recent fire at Rowen Mills?

A) Operations cycle review
B) Standard protocol review
C) Technic of operations review
D) Job hazard analysis technique
E) Utilization analysis

Question 78

When an individual is promised a positive outcome for submission to sex,or threatened with a negative outcome for failure to submit to sex,this is referred to as _____.

A) adverse impact
B) disparate impact
C) reverse discrimination
D) undue hardship
E) quid pro quo harassment

Question 79

Identify the action of employers that can result in reverse discrimination.

A) Affirmative action
B) Reasonable accommodation
C) Disparate treatment
D) Retaliation
E) Disparate impact

Question 80

Under the Occupational Safety and Health Act's Hazard Communication Standard,organizations must have _____ for chemicals that employees are exposed to.

A) EEO-1 forms
B) white papers
C) material safety data sheets
D) standard operating protocols
E) action reports