Deck 3: Legal Environment of Human Resource Management Equal Employment Opportunity

Question 1

Defective product lawsuits are declining,as are the number of suits brought by employees or job candidates against employers.

Answer 1

False

Question 2

Title I of the Americans with Disabilities Act was passed to specifically protect individuals with physical disabilities from discrimination in the workplace.

Answer 2

False

Question 3

To prove a quid pro quo case,the plaintiff must prove that the employer knew,or should have known,about the harassment.

Answer 3

True

Question 4

The Civil Rights Act of 1991 allows plaintiffs to seek punitive damages when an organization engages in intentional discrimination with malice or reckless indifference.

Question 5

Research indicates that more than 50 percent of the accommodations that employers provide for disabled employees cost virtually nothing.

Question 6

"EEO" is short for ____________.

A) Equal Employment Openings
B) Equal Employment Opportunity
C) Equable Employee Opportunity
D) Equable Employee Operation

Question 7

According to the Americans with Disabilities Act,"reasonable accommodations" may include modifying work schedules.

Question 8

ADAA generally excludes consideration of mitigating measures in the determination of disability.

Question 9

EEO laws provide clear definitions and distinctions about what constitutes illegal discrimination.

Question 10

Sexual harassment is actionable only it occurs between a man and a woman.

Question 11

The EEOC does not have the power to require employers to report employment statistics.

Question 12

If an organization can prove that only men can carry out a job's duties,it precludes a woman from suing on the grounds of discrimination.

Question 13

EEO has implications for all of the following except:

A) Investing
B) Hiring
C) Training
D) Collective bargaining

Question 14

Title VII specifically exempts private membership clubs from coverage.

Question 15

The Equal Pay Act (EPA)was passed by Congress to eliminate wage differences between whites and minorities.

Question 16

International Union,UAW v.Johnson Controls concerned the company's probation of women from certain jobs due to the potential danger to fertile female employees.The courts found this probation __________.

A) was a BFOQ
B) was a BOQ
C) Was not a BFOQ
D) was a business necessity

Question 17

If a group of men pass around a Playboy magazine that a female employee notices and she files a sexual harassment complaint,her complaint would be considered acceptable.

Question 18

Title VII prohibits discrimination by all of the following,except:

A) Private employers with 15 or more employees
B) Private membership clubs
C) Federal employers
D) Employment agencies

Question 19

Disparate impact occurs when a racially neutral employment practice has the effect of disproportionately excluding a group that falls within a protected category.

Question 20

Discrimination adds the social problem of _______________.

A) poverty
B) high taxes
C) civic disorder
D) All of the choices are correct

Question 21

Which of the following is not an example of unwelcome conduct that may create a hostile work environment?

A) Making sexually oriented jokes
B) Displaying sexually oriented calendars
C) Touching of a sexual nature
D) Being passed over for a promotion

Question 22

______________ the exchange of sexual favors for job benefits.

A) A hostile work environment is defined by
B) Quid pro quo harassment is
C) Pro quid harassment is
D) Sexual Harassment always involves

Question 23

All of the following are examples of protected opposition except:

A) Threatening to file a formal complaint alleging discrimination
B) Refusing to obey an order because of a reasonable belief that it is discriminatory
C) Complaining to others about alleged discrimination against oneself or others
D) Threatening the physical well being of a manager of coworker

Question 24

The four-fifths rule applies to _____________.

A) selection
B) compensation
C) recruiting
D) All of the above.

Question 25

Generally,an employer may fulfill its duty to prevent or remedy hostile work environment harassment by doing all of the following,except:

A) Developing an anti-harassment policy
B) Promptly and thoroughly investigating harassment allegations
C) Making the details of the case public
D) Properly disciplining offenders

Question 26

Which of the following may be considered retaliatory?

A) Denial of promotion
B) Threats
C) Refusal to hire
D) All of the above.

Question 27

Opposition to discriminatory practices is protected if the employee's manner of opposition is _______________.

A) verbal
B) reasonable
C) written
D) public

Question 28

One method to evaluate if disparity exists is called the __________.

A) five-fourths rule
B) two-thirds rule
C) four-fifths rule
D) selection rule

Question 29

Why are employers always liable for quid pro quo sexual harassment?

A) Because it takes place on company premises
B) Because both employees are covered by the company insurance policy
C) Because a supervisor's acts are viewed as acts of the employer
D) Because an employee must quit to avoid the harassment

Question 30

Griggs v.Duke Power Company helped establish the concept of

A) disparate treatment
B) disparate impact
C) non-equal treatment
D) business necessity

Question 31

All of the following federal regulations prohibit retaliation against employees who oppose discriminatory practices except:

A) The Occupational Safety and Health Act
B) The Age Discrimination in Employment Act
C) The Americans with Disabilities Act
D) The Equal Pay Act

Question 32

If female applicants are required to take a strength test while male applicants are not required to do so,this would be considered ________.

A) disparate treatment
B) disparate impact
C) A BFOQ
D) business necessity

Question 33

Employers can be liable for hostile work environment harassment caused by a _____________.

A) supervisor
B) other employees
C) third parties (e.g. ,customers and vendors)
D) All of the above.

Question 34

Generally,an employer may fulfill its duty to prevent or remedy hostile work environment harassment by doing which of the following?

A) Developing an anti-harassment policy
B) Promptly and thoroughly investigating harassment allegations
C) Properly disciplining offenders
D) All of the above must be done.

Question 35

If a plaintiff proves that a disparate impact exists,an organization may then defend its employment by showing validation or _______________.

A) business necessity
B) hiring records
C) process improvement plans
D) modified HRM procedures

Question 36

The five elements that must exist for a plaintiff to successfully prove quid pro quo harassment are provided in which of the following cases?

A) Pease v.Alford Photo Industries
B) Meritor Savings Bank v.Vinson
C) Watson v.Forth Worth Bank and Trust
D) None of the above.

Question 37

Sex was found to be a BFOQ in which of the following cases?

A) McDonnel Douglas v.Green
B) Diaz v.Pan Am World airlines
C) International Union,UAW v.Johnson Controls
D) None of the above.

Question 38

The Pregnancy Discrimination Act of 1978 requires employers to _________________.

A) reframe from any "negative" employment action against pregnant women
B) provide disability coverage for pregnancy
C) Both A and B
D) None of the above.

Question 39

Protected ________ activities include "filing a charge,testifying,assisting,or participating in any manner in an investigation,proceeding,or hearing."

A) discrimination
B) protest
C) participation
D) legal

Question 40

Hostile work environment as a form of sexual harassment was first recognized by the Supreme Court in the case of __________________________.

A) Pease v.Alford Photo Industries
B) Meritor Savings Bank v.Vinson
C) Watson v.Forth Worth Bank and Trust
D) None of the above.

Question 41

A qualified individual with a disability is an individual with a disability who,________ reasonable accommodation,can perform the essential functions of a job.

A) with
B) without
C) with or without
D) may benefit from but does not require

Question 42

The Civil Rights Act of 1991 ____________________.

A) allows plaintiffs to demand a jury trial for claims involving intentional discrimination
B) allowed adjusting test scores or using different cutoff scores on the basis of a protected
C) prohibited the use of alternative dispute resolution including negotiation,facilitation,mediation,fact-finding minitrials,and arbitration to resolve employment discrimination disputes
D) All of the Above

Question 43

Research indicates that ______ percent of ADA accommodations may cost employers virtually nothing.

A) less than 25
B) less than 50
C) more than 50
D) More than 75

Question 44

__________ was the first major piece of federal legislation prohibiting disability discrimination.

A) Equal Pay Act of 1963
B) Title VII of the Civil Rights Act of 1964
C) Rehabilitation Act of 1973
D) Civil Rights Act of 1991

Question 45

_____________ cannot work from sunset Friday through sundown Saturday.

A) Orthodox Jews
B) World Wide Church of Adventists
C) Greek Orthodox
D) All of the above.

Question 46

The Age Discrimination in Employment Act of 1967 protects individuals who are _______________ of age and older from employment discrimination based on their age.

A) 30 years
B) 40 years
C) 50 years
D) 65 years

Question 47

Which of the following is not a covered disability under the Americans with Disabilities Act?

A) Bipolar disorder
B) Uncorrected vision
C) HIV/AIDS
D) Past drug use

Question 48

ADA stands for ___________.

A) Americans with Disabilities Act
B) American Dental Act
C) Access to Dental Act
D) Access for Disabled Act

Question 49

The advantages of hiring older workers include all of the following except __________.

A) Lower turnover,greater consciousness of safety
B) Longer work experience
C) Lower health insurance premiums
D) More loyalty to the enterprises

Question 50

Organizations supporting an English-only rule claim they are needed for all of the following reasons except:

A) It discourages discrimination
B) It promotes harmony among employees
C) It promotes effective communication and supervision
D) It ensures safe working conditions

Question 51

The focus of religious discrimination cases has been on _____________.

A) facial hair
B) hours of work
C) working conditions
D) Both B and C

Question 52

Congress passed the Equal Pay Act (EPA)as an amendment to the Fair Labor Standards Act to eliminate wage differentials _____________ performing the same work in organizations.

A) based on race
B) between men and women
C) between people of differing national origin
D) All of the above.

Question 53

Which of the following is exempt from the Americans with Disabilities Act?

A) Private sector employers with fewer than 15 employees
B) The U.S.Congress
C) State government employers
D) Local government employers

Question 54

Executive Order 11246 did all of the following except _________.

A) Prohibit the same actions as Title VII does
B) Required that Federal contractors develop a written plan of affirmative action
C) establish numerical goals and timetables to achieve integration and equal opportunity
D) All of the above were included in the Executive Order.

Question 55

_____________ allows plaintiffs to seek compensatory and punitive damages when an organization engages in intentional discrimination with malice or reckless indifference.

A) Title VII
B) Title IX
C) The Civil Rights Act of 1991
D) The Equal Pay Act.

Question 56

Which of the following is considered a disability under the Americans with Disabilities Act?

A) Major depression
B) Hearing impairments
C) Anxiety disorders
D) All of the choices are correct

Question 57

The Supreme Court ruled in the Oncale v.Sundowner Offshore Services case _____________.

A) Employers are liable for actions by nonemployees
B) that same-sex harassment was illegal under the Bill of Rights
C) that same-sex harassment was illegal under the Civil Rights Act
D) All of the choices are correct

Question 58

The Ninth Circuit court decision regarding Spun Steak's rule ___________________________________________.

A) established that English-only rules are a direct violation of Title VII
B) found that the plaintiffs,whose spoken language was a matter of choice,were unable to prove a disparate impact on the terms,conditions,or privileges of employment of a protected class
C) established that language may be considered a BFOQ
D) upheld the need for employee accommodations in regard to language

Question 59

The Equal Pay Act allows pay differences due to ___________________.

A) seniority
B) merit
C) a system which measures earnings by quantity or quality of production
D) All of the above.

Question 60

The Age Discrimination in Employment Act of 1967 covers the actions of private employers with _________ or more employees.

A) 5
B) 20
C) 50
D) 100

Question 61

What were the main factors that led to the development of EEO?

Question 62

The __________ enforces Executive Order 11246.

A) OSHC
B) EEOC
C) Federal courts
D) OFCCP

Question 63

The __________ enforces Title VII,the Civil Rights Act of 1991,the Equal Pay Act,the Age Discrimination in Employment Act,and the Americans with Disabilities Act

A) OSHC
B) EEOC
C) Federal courts
D) OFCCP

Question 64

Any person has _______________ days from the occurrence of a discriminatory act to file a charge with the EEOC.

A) 30
B) 60
C) 180
D) 365

Question 65

Affirmative action _______________.

A) concerns only race
B) always requires the use of quotas
C) has been defined as "those actions appropriate to overcome the effects of past or present practices,policies,or other barriers to equal employment opportunity."
D) All of the above.

Question 66

The OFCCP issued Revised Order No.4,which suggests the format and parts of an Affirmative Action Plan.What do they suggest as the first step in that plan?

A) Set goals
B) Specify how goals will be attained
C) Obtain copies of AAPs from other,like companies
D) Analyze under-representation and availability

Question 67

Executive Order 11246 prohibits the same actions as Title VII does,but it carries two additional requirements that contractors must meet.What are they?

Question 68

Plaintiffs may defend the termination of protected employees with legitimate reasons,such as poor performance.However,employees may overcome this defense.How?

Question 69

To be considered lawful,a voluntary affirmative action plan must meet all of the following criteria except:

A) It must be permanent
B) It must exist to eliminate past imbalances based upon a protected group category
C) It must not unnecessarily trammel the rights of the majority
D) It must not provide for set-aside positions

Question 70

A BFOQ defense may be upheld for customer preferences in narrow situations related to authenticity and privacy.Name a job where authenticity might be an issue.

Question 71

What are two of the economic reasons that companies give for not hiring older workers?

Question 72

In Gratz v.Bollinger the Supreme court ruled _________________.

A) that the consideration of race as part of the University of Michigan Law School acceptance criteria was in the public interest
B) that a rigid point system used in the University of Michigan's undergraduate admissions process went too far to achieve its diversification objectives
C) that the University of Michigan's consideration of a point system to consider race in its law school admissions was in the public interest due to past discrimination
D) All of the choices are correct.

Question 73

As Congress turned its attention to civil rights,laws were passed prohibiting discriminating in five areas.What were the five areas?

Question 74

List five adverse employment actions which may be considered retaliatory.

Question 75

Any employer having a contract with the federal government of at least _______________ and employing at least 50 individuals must have an affirmative action plan in writing.

A) $5,000
B) $25,000
C) $50,000
D) $250,000

Question 76

All of the following were primary influences on the development of Equal Opportunity Employment laws except:

A) The aging of America's workforce
B) Changes in societal values
C) The economic status of women and minorities
D) The emerging role of government regulation

Question 77

The EEOC _____________________________.

A) has the power to bring lawsuits against employers in federal court
B) has the power to issue directly enforceable orders
C) may place leans on the properties of employers that it has found in violation
D) All of the above are correct.

Question 78

Do you believe that Muslims working in the United States need legal protection against retaliation? Why?

Question 79

Why did the court rule in Griggs' favor in the case of Griggs v.Duke Power Company?

Question 80

What is quid pro quo harassment?