Deck 3: Providing Equal Employment Opportunity and a Safe Workplace

Question 1

In employment law,reasonable accommodation refers to an employee's obligation to adjust and make compromises on their personal beliefs and practices,including completely disregarding them,if they conflict with an organization's policies.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

To prove disparate impact in court,a plaintiff in a discrimination lawsuit must show an employer's intent.

Question 5

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

Question 6

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

Question 7

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

Question 8

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.

Question 9

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 10

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

Question 11

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 12

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

Question 13

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 14

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 15

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 16

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

Question 17

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

Question 18

The practice of valuing diversity has been written into law.

Question 19

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

Question 20

The Fourteenth Amendment abolished slavery in the United States.

Question 21

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 overturn 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 22

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

Question 23

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

Question 24

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

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

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 27

Which of the following actions is one of the ways in which the executive branch helps create the legal environment for human resource management?

A) filing suit against violators of equal opportunity laws
B) enacting laws governing worker safety and health
C) interpreting federal laws
D) overturning Supreme Court decisions
E) holding trials concerning violations of equal opportunity laws

Question 28

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 29

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 30

Office workers who encounter a chemical infrequently are covered by the requirements of the Occupational Safety and Health Act's Hazard Communication Standard.

Question 31

_____ 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 32

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 33

Cultural differences are insignificant in a company promoting safety internationally.

Question 34

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 35

Which of the following actions could be an example of how the Occupational Safety and Health Administration plays a role in the legal environment for human resource management?

A) passing laws to protect workers' safety and health
B) holding trials concerning alleged violations of its regulations
C) holding trials concerning alleged violations of the Occupational Safety and Health Act
D) filing lawsuits against alleged violators of the Occupational Safety and Health Act
E) issuing executive orders related to worker safety and health

Question 36

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

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

Question 37

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 38

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 39

Suppose you are a human resource executive,supporting strategy.Executives in your industry are concluding that a certain HR-related law no longer seems relevant in the Internet age.To which government branch would it be most effective to turn for addressing the need for a change in the legal environment?

A) the executive branch,requesting it not enforce the existing law
B) the executive branch,requesting a new law in this area
C) the judicial branch,requesting a new law in this area
D) the legislative branch,requesting a new law in this area
E) the legislative branch,requesting it not enforce the existing law

Question 40

Victoria is a human resource specialist.To gain competency in her field,she keeps up with business news related to human resource management.One area of the news she pays attention to is coverage of the cases the Supreme Court hears each year.Why would stories about the Supreme Court be relevant for Victoria's career?

A) The Supreme Court may issue rulings that interpret employment law.
B) The Supreme Court may pass laws regulating employment practices.
C) The Supreme Court may issue executive orders related to employee safety.
D) The Supreme Court may require federal contractors to engage in affirmative action.
E) Decisions made by the Supreme Court cannot be overturned by the federal government.

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

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 is the maximum amount of punitive damages it would 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 43

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 44

A _____ refers to an agreement between the Equal Employment Opportunity Commission 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 45

Which of the following 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 46

The Americans with Disabilities Act protects individuals who

A) are obese.
B) are severely disfigured.
C) engage in substance abuse.
D) are left-handed.
E) are nearsighted.

Question 47

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 48

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

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

Question 49

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

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

Question 50

Aaron has been a systems analyst at a software company for six years.Although he works hard,gets favorable performance reviews,takes night classes in business management,and has applied for promotions,his coworkers always get the promotions instead.Aaron started asking his coworkers about this,and one of them said,"Don't you realize? This management will never promote someone like you." This supports Aaron's concern that he may be a target of discrimination because he is black;other talented employees are black,but no black employees have moved into management positions.Aaron decides to discuss the problem with the human resource manager.If he can't find a satisfactory solution that way,with which federal agency could he file a complaint?

A) Anti-Discrimination Federal Agency
B) Equal Employment Opportunity Commission
C) Office of Federal Contract Compliance Programs
D) Uniform Guidelines on Employee Selection Procedures
E) Federal Register

Question 51

Identify the statement that characterizes the Age Discrimination in Employment Act.

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 52

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 with an increase in pay.Which of the following laws protected William by requiring that his employer reemploy him with the seniority,status,and pay rate he would have earned if he had stayed on the job during the time of his deployment?

A) Vocational Rehabilitation Act
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

Question 53

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 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

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 forced 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 chooses voluntary retirement before attaining the retirement age.

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

What is the name of 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 58

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 Report

Question 59

Reese's use of illegal drugs limits her ability to walk properly.The elevator at her office was not working for many months,so Reese needed to climb two flights of stairs and had difficulty getting to her desk.She tried suing her company under the Americans with Disabilities Act,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 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 must implement an early-retirement incentive program for Sam.
E) The employer must reemploy Sam with a lower pay scale to compensate for his absence.

Question 61

Which of the following actions by employers can result in reverse discrimination?

A) affirmative action
B) reasonable accommodation
C) disparate treatment
D) retaliation
E) disparate impact

Question 62

Liberty Eagle Enterprises has a policy statement making it clear that it does not tolerate sexual harassment.It set up an employee hot line for reporting harassment.When it received complaints about one of the maintenance workers,the company took action and corrected the problem immediately.However,two months later,it is receiving more complaints,this time about a supervisor on the night shift.What else should Liberty Eagle do to keep the workplace free from sexual harassment?

A) modify the complaint procedure so employees don't overuse it
B) wait to investigate the new complaints
C) file a complaint with the Equal Employment Opportunity Commission
D) train all employees to identify inappropriate workplace behavior
E) broaden the policy to include harassment of men,not just women

Question 63

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 64

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 65

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 66

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 67

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

A) Hakeem is not permitted to train on a new manufacturing machine because he has not yet completed his company's mandatory workplace safety training course.
B) Betsy's coworker,Candice,is up for a promotion.Both were hired at the same time for the same entry-level accounting positions,and both have the same level of education.However Candice consistently seeks to take on additional responsibilities,while Betsy barely turns her own work in on time.
C) Chantel wants to be part of her local police force.Both men and women are encouraged to apply,but Chantel discovers the force has a minimum height requirement of 5'10''.She is 5'6''.
D) Ralph is reviewing applications for an open position at his company.One step in the hiring process requires him to investigate conviction records for all of the job applicants.
E) Heather,an HR employee at a university,is putting together a job listing for an open faculty position.Her listing specifies that interested applicants must have a doctoral degree.

Question 68

What is the legal basis for considering sexual harassment to be illegal discrimination?

A) It is a threat to workplace safety.
B) It is a form of disability-related discrimination.
C) It is a form of sex discrimination.
D) It is a form of age discrimination.
E) It is a form of workplace violence.

Question 69

Chelsea is a human resource manager at a construction company.Allison,an employee from one of the job sites,told Chelsea she is upset because her site supervisor has been flirting and asking her to go out with him,even after she asked him to stop.Chelsea meets with the supervisor and tells him the company could be sued for violating anti-discrimination laws.The supervisor says,"Aw,Allison knows I'm just joking! No worries,I'll give her a big raise when her performance review comes up,and then she'll know I'm a nice guy." Which of the following points does Chelsea need to stress with the supervisor?

A) The supervisor needs to give Allison a raise immediately,to calm the situation.
B) Sexual harassment includes conduct that creates an offensive work environment.
C) Sexual harassment includes physical contact.
D) Sexual harassment includes requiring sexual favors as a basis for employment decisions.
E) The supervisor must report his conduct to the Equal Employment Opportunity Commission.

Question 70

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 71

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 72

Carmen,a Hispanic female in the accounting department of a large retail chain,believes she has been the victim of race and sex discrimination.Why can't she turn to the Office of Federal Contract Compliance Programs (OFCCP)for assistance with this problem?

A) The injury to Carmen is under the $50,000 threshold.
B) The OFCCP protection does not cover sex discrimination.
C) Her employer doesn't have contracts with the federal government.
D) A retail chain would not be affected by federal anti-discrimination laws.
E) Her company does not have an affirmative-action plan on file.

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 40 are black and 50 are white.Assuming that the company decides to hire 10 blacks and 25 whites,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

Identify the correct statement regarding reasonable accommodation.

A) Reasonable accommodation is the same as reverse discrimination.
B) Reasonable accommodation exclusively compensates for the 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 75

When Nicole started working for Brawny Construction,two of her coworkers made a point of telling sex-related jokes around her,and they occasionally ran their fingers through her hair and suggested meeting up after work.Nicole feels uncomfortable.What grounds would she have for complaining to the human resource department about her coworkers?

A) Their behavior violates Executive Order 11246.
B) Their behavior violates the Thirteenth Amendment.
C) Their behavior probably violates the OSH Act.
D) Their behavior could be considered quid pro quo harassment.
E) Their behavior could be considered creation of a hostile working environment.

Question 76

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 77

An accounting firm is in the processing of interviewing candidates for the position of receptionist.A job candidate arrives at an interview accompanied by a service dog.Which of the following actions by an employer would best meet the requirements of equal employment opportunity?

A) describing job requirements and asking the employee how she would meet them
B) telling the candidate politely that a blind person can't be a receptionist
C) explaining that the company has a no-pets rule
D) making every possible accommodation for this person,at any cost
E) hiring the candidate,whether or not she is qualified for the job

Question 78

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 79

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 80

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