Deck 3: Implementing Equal Employment Opportunity

Question 1

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.

Answer 1

False
Explanation: Occupational parity exists when the proportion of minorities and women employed in various occupations within an organization is equal to their proportion in the organization's relevant labor market.

Question 2

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

Answer 2

False
Explanation: Individuals who are diagnosed as HIV-positive, even if they haven't developed symptoms, are considered to be disabled and entitled to the protection of the Americans with Disabilities Act (ADA).

Question 3

If the Equal Employment Opportunity Commission (EEOC)decides to file a lawsuit on behalf of a charging party in an employment discrimination case,it issues a right-to-sue letter to the respondent.

Answer 3

False
Explanation: In an employment discrimination case, if the EEOC does not decide to file a lawsuit on behalf of a charging party, the individual still has the right to bring suit against the respondent. In this situation, the EEOC issues the charging party the statutory notice of a right-to-sue letter.

Question 4

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

Question 5

Courts have uniformly held that adverse action against individuals who undergo or announce an intention to undergo sex-change surgery violates Title VII of the Civil Rights Act of 1964.

Question 6

The Equal Employment Opportunity Commission (EEOC)has the power to file a lawsuit against an employer for the violation of any of the laws it administers.

Question 7

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

Question 8

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 9

In an employment discrimination case,the Equal Employment Opportunity Commission (EEOC)will attempt to conciliate an agreement between a charging party and the employer if the EEOC's investigation finds reasonable cause that discrimination has occurred.

Question 10

Affirmative action plans are monitored by the Office of Federal Contract Compliance Programs (OFCCP).

Question 11

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

Question 12

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

Question 13

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 14

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

Question 15

If the Equal Employment Opportunity Commission (EEOC)does not file a lawsuit in a civil rights case,the person bringing the discrimination charge has no recourse and cannot prevail in the dispute.

Question 16

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.

Question 17

In the context of the Equal Employment Opportunity Commission (EEOC)determining whether or not 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 18

Where employment opportunities are granted because of an individual's submission to an employer's sexual advances,the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity.

Question 19

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.

Question 20

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

Question 21

____ 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.

A) Bottom line concept
B) Business necessity
C) Quid pro quo harassment
D) Systemic parity

Question 22

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

A) social status
B) age
C) religion
D) national origin

Question 23

A qualification to file the Employer Information Report,EEO-1,is that a firm should:

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

Question 24

A(n)____ is a written document outlining specific goals and timetables for remedying past discriminatory practices within organizations.

A) letter of credit
B) affirmative action plan
C) promissory bill
D) applicant diversity chart

Question 25

An affirmative action plan seeks to remedy:

A) hostility within an organization.
B) past discriminatory practices.
C) criminal cases that the Supreme Court cannot settle.
D) occupational parity within an organization.

Question 26

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

A) It is a statutory notice issued by the Equal Employment Opportunity Commission (EEOC) to the charging party.
B) It is a part of the conciliation agreement sent to the respondents.
C) It is issued by Equal Employment Opportunity Commission (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 Equal Employment Opportunity Commission (EEOC).

Question 27

In determining whether discrimination against groups protected by the law has occurred,the Equal Employment Opportunity Commission (EEOC)considers the relevant labor market to be the:

A) geographical area within 30 miles of the employer.
B) nation in which the employer has his or her head office.
C) nations with which the employer trades.
D) geographical area from which the employer recruits.

Question 28

The Equal Employment Opportunity Commission (EEOC)has the power to do all of the following EXCEPT:

A) intervene in private litigation.
B) issue procedural regulations to enforce the Equal Pay Act.
C) administer the Rehabilitation Act of 1973.
D) initiate litigation.

Question 29

For the enforcement of which of the following acts does the Equal Employment Opportunity Commission (EEOC)have the authority to develop and publish procedural regulations?

A) The Rehabilitation Act
B) The Sarbanes-Oxley Act
C) The Vietnam-Era Veterans Readjustment Assistance Act of 1974
D) The Americans with Disabilities Act

Question 30

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 31

Sarah has filed a discrimination charge against her employers.Prior to litigating the discrimination charge,the Equal Employment Opportunity Commission (EEOC)would do all of the following EXCEPT:

A) file a Supreme Court appeal as soon as possible.
B) evaluate the charge and decide whether or not to proceed with it.
C) determine whether the gathered evidence will support a lawsuit.
D) propose a conciliation agreement to the respondents.

Question 32

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) U.S. Office of Personnel Management (OPM)

Question 33

While processing a discrimination charge,if the charge is deemed litigation worthy,the Equal Employment Opportunity Commission (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 34

Bona fide occupational qualification exception for sex can be justified:

A) based on the societal assumption that men are not as sensitive or nurturing as women.
B) based on the stereotype that women are not as aggressive as men.
C) when customers' prefer to be served by women.
D) when it is necessary for the purpose of authenticity, as in the casting for a movie.

Question 35

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

A) Refusing to hire a woman because women are considered to be 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 believed to be less capable of assembling intricate component parts
D) Refusing to hire a woman based on the assumption that turnover rate among women is higher than men

Question 36

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

A) underutilization
B) employment parity
C) concentration
D) organizational agility

Question 37

Occupational parity exists when the proportion of minorities and women employed in various occupations within an 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) increases by twenty percent each year.

Question 38

Occupational parity is a(n):

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

Question 39

The charging party in a discrimination case 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 40

The practice of having more minorities or women in a job category than would reasonably be expected when compared to their presence in the relevant labor market is referred to as:

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

Question 41

Explain the term business necessity with the help of an example.

Question 42

In the context of the Civil Rights Act,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 43

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

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

Question 44

Zinc Systems Inc.wants to develop an effective affirmative action plan to eliminate employee discrimination within the organization.What steps should the company take?

Question 45

Explain the term employment parity.

Question 46

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

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

Question 47

Outline the Equal Employment Opportunity Commission (EEOC)posting requirements.

Question 48

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

Question 49

Define the term sexual harassment.

Question 50

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

A) "Are you a citizen of the United States?"
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 51

Austin feels that he has been facing discrimination at work ever since he underwent a sex-change surgery.He wants to file a discrimination charge against his employers.Which of the following has the most statutory influence to protect him against any adverse action?

A) Federal law
B) The Office of Federal Contract Compliance Programs (OFCCP)
C) The Equal Employment Opportunity Commission (EEOC)
D) Local or state law

Question 52

Which of the following questions regarding the citizenship of an applicant is permitted to be asked during a preemployment 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 53

Which of the following questions can be asked in a preemployment interview without the risk of inviting a discrimination lawsuit?

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 54

Explain the terms concentration and underutilization.

Question 55

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
B) Affirmative action plan
C) Occupational parity
D) Reverse discrimination

Question 56

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

Question 57

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

A) File annual reports with the Equal Employment Opportunity Commission about the prevalence of sexual harassment in the organization.
B) Maintain and communicate an organizational sexual harassment policy.
C) Investigate and respond to complaints of sexual harassment.
D) Take immediate and appropriate corrective action when knowledge of sexual harassment is evident.

Question 58

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 59

What does the comparable worth theory argue?

Question 60

Sabrina has filed a discrimination charge against her employers with a representative of the Equal Employment Opportunity Commission (EEOC).What are the steps involved in processing this discrimination charge?