Deck 3: Equal Employment Opportunity

Question 1

A large commercial landscaping service in the Southwest requires all Hispanic applicants for crew boss positions to have a U.S.high school diploma.Native English speakers are not required to have a high school diploma.The stated business purpose of this requirement is to insure that the Hispanic applicants speak English well enough to perform the job.This is an example of

A) disparate treatment.
B) a bona fide occupational requirement.
C) disparate impact.
D) a business necessity.

Answer 1

A

Question 2

In a legal determination of whether discrimination has occurred,the ____ is most important.

A) psychological impact on the worker
B) state jurisdiction in which the alleged discrimination occurred
C) outcome of the practice on employees
D) intent to discriminate of the employer

Answer 2

C

Question 3

Which of the following would be defined as retaliation under EEO laws?

A) A hospital demotes a radiology technician who has complained about ethnic discrimination.
B) An employer fires a supervisor who discriminates against a protected-class member.
C) A dismissed employee files a false complaint of discrimination against his former employer with the EEOC.
D) The EEOC targets an employer with a history of unlawful discrimination.

Answer 3

A

Question 4

Henry,an upper-level manager at a software design firm,is talking informally with his colleagues over dinner."The idea of quotas makes me uncomfortable," he says."I think that we should just treat everyone equally,regardless of how people vary from one another.A person is a person." Henry is expressing the philosophy behind

A) affirmative action programs.
B) quid pro quo theory of employment opportunity..
C) the "blind to differences" approach.
D) racist and sexist organizational practices.

Question 5

The most fundamental anti-discrimination employment law,the one that is considered the keystone for following legislation,is the

A) Fourteenth Amendment of the U.S. constitution.
B) Civil Rights Act of 1964.
C) Executive Order 11246.
D) Equal Pay Act of 1963.

Question 6

Ingrid is a recent immigrant from Denmark with a valid U.S.work permit.She has applied for work on the wait staff at a Chinese restaurant near her home.Ingrid doesn't have a car,and this restaurant is one of the few employers she can walk to.Ingrid was turned down for an opening at the restaurant,although she has relevant job experience.Later,Ingrid noticed a Chinese man was hired for the job.Ingrid should

A) sue because this is sex discrimination.
B) sue because this is national origin discrimination and violates the IRCA.
C) not sue because this is an English-language-only workplace and Ingrid's English language skills are minimal.
D) not sue because Chinese origin is a bona fide occupational qualification in this case.

Question 7

Albert is an assistant store manager for a national discount retailer.When Albert was denied a promotion to store manager he filed a claim based on religious discrimination with the EEOC,which was eventually denied.After the claim,Albert was transferred to be the assistant store manager at a location requiring a 97-mile round trip commute that takes about four hours of travel time per day.His previous worksite had been only 15 minutes from his home.

A) Since Albert retained his position in the company as an assistant store manager and he kept the same pay level, this is not retaliation.
B) This action is ex post facto evidence of retaliation.
C) The employer is not vulnerable to a charge of retaliation because Albert's charge of discrimination was denied.
D) This action could be considered retaliation.

Question 8

The landmark case that established the importance of disparate impact as a legal foundation of EEO law is

A) Adarand Constructors v. Pena.
B) Griggs v. Duke Power.
C) University of California at Davis v. Bakke.
D) McDonnell Douglas v. Green.

Question 9

Borderline Cafeterias,Inc.,has discovered that most of its wait staff is white,while most of its kitchen staff is minority.When interviewed by the local TV news anchor,the CEO of Borderline Cafeterias says,"There has been no conscious or deliberate practice to staff the cafeterias in a discriminatory manner.It just happened to turn out this way." The CEO's argument is an example of

A) disparate treatment.
B) blind discrimination.
C) disparate impact.
D) discriminatory intent.

Question 10

In Washington v.Davis

A) since the reading comprehension test contained actual material that the applicants would have to learn during a training program, the fact that fewer women and minorities passed the test did not result in illegal discrimination.
B) fewer women and minorities passed a reading comprehension test. If this test had been designed with the intent to discriminate, this would be a case of disparate impact.
C) if the police department had required a high school diploma as evidence of reading skills, instead of the reading comprehension test, the police department would not have been vulnerable to a charge of discrimination against women and minorities.
D) the plaintiffs had the burden of proof to show that the reading comprehension test did not support a business necessity.

Question 11

Individuals who fall within a group identified for special treatment under equal employment laws and regulations,are members of a/an

A) oppressed minority.
B) protected class.
C) employment caste.
D) special treatment class.

Question 12

A practice necessary for safe and efficient organizational operations is called a/an

A) economic viability requirement.
B) business necessity.
C) prerogative of management.
D) bona fide occupational qualification.

Question 13

When does the burden of proof fall on the employer in a disparate impact or disparate treatment suit?

A) when there is an Affirmative Action Plan in place
B) when it is a class action suit of current and former employees
C) when the case goes to court before a jury
D) when the court rules that disparate impact or disparate treatment has occurred.

Question 14

A bona fide occupational qualification for the job of truck driver for a beer distributing company would include all of the following EXCEPT

A) possession of a commercial driver's license.
B) a bachelor's degree in any field.
C) the ability to lift a minimum of fifty pounds.
D) basic literacy.

Question 15

Which of the following statements is FALSE?

A) Some cities and states have made discrimination on the basis of sexual orientation illegal.
B) Veterans of the Vietnam War have additional employment protections over veterans of other wars.
C) An individual whose mother is Polynesian and whose father is Native American would not be a member of a protected class.
D) Individuals under 40 are not protected from age discrimination.

Question 16

To avoid a charge of retaliation against employees who file discrimination charges the organization must do all of the following EXCEPT

A) instruct supervisors that any discipline or warnings against an employee who has filed a discrimination case should be verbal and not documented.
B) take appropriate action if supervisors retaliate against employees who file a discrimination complaint.
C) thoroughly investigate any claims of retaliation.
D) train supervisors what retaliation consists of.

Question 17

In its broad sense,discrimination means

A) ethnocentrism.
B) viewing people with different characteristics negatively.
C) recognizing differences among items or people.
D) illegal employment practices.

Question 18

Griggs v.Duke Power

A) established the importance of proving discriminatory intent when an individual sues an employer for discrimination.
B) placed the burden of proof on the employer to show that the practice in question is actually a business necessity.
C) clarified that the employer's past practices were not relevant in proving a discrimination complaint.
D) demonstrated that tests of intelligence are not discriminatory, even if they have a disparate impact on a protected class.

Question 19

If members of a protected class are under-represented in the workplace,the condition of ____ exists.

A) discriminatory intent
B) disparate treatment
C) disparate impact
D) statistical bias

Question 20

Costa Laguna Manufacturing follows a policy of hiring people based on their race,age,gender,and national origin in order to make up for historical discrimination.This is an example of

A) affirmative action.
B) fair employment practices.
C) historical restitution.
D) the "blind to differences" approach.

Question 21

Emily works for a small architecture firm that has a dozen employees.Emily has discovered that she is pregnant.Which of the following statements is true under the Pregnancy Discrimination Act?

A) If the employer has a medical leave program for other circumstances, it must treat Emily's pregnancy the same way.
B) Emily has job protection when she returns from maternity leave if she is one of the firm's architects, not if she is an hourly employee.
C) Emily has job protection when she returns from maternity leave if she is an hourly employee, and not one of the firm's architects, who are professionals on salary and thus not protected by the PDA.
D) Emily is not protected by the PDA.

Question 22

The 1991 Civil Rights Act requires that plaintiffs bringing discrimination charges must

A) prove that the negative impact on the employee was entirely due to his/her membership in a protected class..
B) identify the particular employer practice being challenged and that protected class status played some role.
C) identify majority-group members who benefited from the illegal actions.
D) provide evidence of financial harm caused by the employer's actions.

Question 23

Which of the following is NOT an argument typically made FOR Affirmative Action?

A) Affirmative action is needed to overcome past injustices.
B) Affirmative action goals are not quotas. They are indications that progress is needed.
C) In the long run, affirmative action will result in more equality for everyone.
D) Affirmative action has allowed protected classes to advance without being penalized for inferior educations and skill levels.

Question 24

Workers are protected by Title VII of the Civil Rights Act of 1964 against employment discrimination based on all the following characteristics EXCEPT

A) age over 40.
B) sexual orientation.
C) religion.
D) pregnancy.

Question 25

In order to ward off a complaint of discrimination,every requirement for employment must be

A) benchmarked against industry best practices.
B) approved by the EEOC.
C) consistent with past practice in the company.
D) directly job related for the position.

Question 26

The ____ allows victims of intentional discrimination on the basis of sex,religion,or disability to receive both compensatory and punitive damages.

A) Civil Rights Act of 1991
B) Americans with Disabilities Act
C) Title VII, Civil Rights Act of 1964
D) Executive Order 11246

Question 27

Fernando is an entrepreneur and his start-up company that provides small electricity-generating wind power for individual homes is growing.Fernando has asked you,an HR consultant,to help him set up HR systems for his company.Fernando is concerned that he will have to develop an affirmative action plan,and fears that this will severely restrict his ability to hire the kinds of employees he feels necessary.You tell Fernando that he will NOT have to develop an AAP plan as long as he does all the following EXCEPT
E)g.the company stock does not trade on a stock exchange.

A) he does not take any government contracts over $50,000.
B) he keeps the number of employees under 50.
C) his company does not engage in discriminatory practices and does not have a history of such practices.
D) he keeps the company privately owned,

Question 28

Which of the following is FALSE?

A) Harassment on the basis of ethnicity is illegal under the employment discrimination laws.
B) Unlike sexual harassment, racial harassment must go beyond mere verbal joking.
C) If employers investigate each complaint of ethnic harassment and discipline proven offenders, the harassed employee will be less likely to have a legal claim against the employer.
D) An employee who felt he was harassed on the basis of his race who did not get satisfactory results when he complained to his HR department, would complain to the EEOC for investigation and enforcement.

Question 29

All of the following types of organizations fall under Title VII EXCEPT

A) private religious educational institutions.
B) private employers of 15 or more persons.
C) agencies of the federal government.
D) national labor unions.

Question 30

The federal government's policy of ____________requires a covered employer to submit documentation of its attempts to narrow the gaps between the demographic composition of its workforce and the demographic composition of the labor markets from which it hires employees.

A) preferential selection
B) affirmative action
C) workforce balancing
D) desegregation of the workplace

Question 31

Clark is an HR staffer at a brewery with 372 employees.Clark is comparing the number of protected-class members who are potential brewery employees in the appropriate labor market in which the company hires both professional and line workers.Clark is conducting a/an ____________ analysis.

A) demographic projection
B) goal and timetable
C) availability
D) utilization

Question 32

Which of the following has been a general ruling in cases filed under the Pregnancy Discrimination Act?

A) Employers are not required to accommodate the needs of pregnant employees.
B) Pregnancy is a disability requiring special accommodation.
C) Women must be assigned less strenuous tasks, also termed "light duty," during pregnancy.
D) Employers must treat pregnant employers the same as non-pregnant employees with similar abilities or inabilities.

Question 33

A government contractor operating in Iraq has been accused of discriminating against women its hiring and promotion practices.Which agency would investigate and enforce the relevant law in this case?

A) The Office of Federal Contract Compliance Programs
B) The U.S. Contracts and Agreements Agency
C) The Equal Employment Opportunity Commission
D) The National Labor Relations Board

Question 34

Clarence is the recruiting manager for a start-up firm of about 25 people.He realizes that he needs to be aware of disparate impact in hiring new staff.All but one of the current employees is of European descent.Which is Clarence's best bet as a recruiting source to find qualified Hispanic applicants?

A) LinkedIn
B) referrals of friends by current employees
C) social networking sites
D) placement office of a university with a high Hispanic enrollment

Question 35

The major provision of the Pregnancy Discrimination Act of 1978 is that

A) pregnant employees are to be given 12 weeks family leave without pay.
B) pregnant employees are entitled to 12 weeks of paid maternity leave.
C) maternity leave is to be treated the same as other personal or medical leaves.
D) employers can not discriminate against employees based on marital status.

Question 36

Under the 1991 Civil Rights Act,employers must show that an individual's race,color,religion,sex,or national origin

A) was not the deciding factor in the employment decision.
B) did not limit that individual's employment options.
C) caused no financial hardship to the individual.
D) played no role in their employment practices.

Question 37

The president of a consulting firm has deliberately kept the number of full and part-time employees of his firm to twelve.This means he does NOT have to comply with

A) the ADEA
B) the ADEA or the ADA.
C) the ADEA, the ADA, or Title VII.
D) the ADEA, the ADA, Title VII, or the Pregnancy Discrimination Act.

Question 38

A/an ____ is issued by the president of the United States to provide direction to government departments on a specific area.

A) federal mandate
B) presidential directive
C) legislative initiative
D) executive order

Question 39

Which of the following examples would most likely NOT be considered evidence of age discrimination?

A) Bob is a retired engineer who works part-time as sales staff at a "big box" home center. The store manager refers to Bob as "Grandpa Bob."
B) A modeling agency has sent an 52-year-old man to pose for a photo shoot for a teen-oriented product line. The shoot director was over heard to say on the phone, "What were you thinking? I gave you our target customer profile!"
C) When James was sent to classes to update his computer skills, his supervisor commented that she was sure "old dogs could learn new tricks."
D) The HR managers at a non-profit organization refer to the informal policy of laying off the most senior and highly-paid employees first as the "age before beauty" policy.

Question 40

As part of affirmative action efforts

A) employers set goals and timetables for reducing the gaps between the demographics of the workforce and the demographics of the organization.
B) employers establish mandatory hiring quotas for under-represented protected classes.
C) the OFCCP will order an injunction preventing the organization from hiring majority employees until the required demographic balance is achieved.
D) the EEOC will allow the employer to continue taking federal contracts even though the organization's demographics are out of balance with the workforce.

Question 41

All of the following actions are critical components of an organization's ensuring that it has taken "reasonable care" in preventing sexual harassment.

A) establishing a sexual harassment policy
B) terminating any employee accused of sexual harassment
C) training managers and employees on avoiding committing sexual harassment
D) investigating and taking action when sexual harassment is reported

Question 42

According to the concept of ____,the pay for jobs requiring comparable levels of knowledge,skill,and ability should be similar even if actual duties differ significantly.

A) equal pay
B) pay equity
C) comparable compensation
D) gender neutral pay systems

Question 43

_____________ occurs when an individual's work performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions.

A) Hostile environment harassment
B) Bona fide sexual harassment
C) Harassment as perceived by a "reasonable woman"
D) Quid pro quo harassment

Question 44

Which of the following is FALSE about workplace romances?

A) Relationships between a supervisor and a subordinate are of more concern than relationships between employees at the same level of hierarchy.
B) Even consensual workplace romances can cause hostile work environments for other employees.
C) It is an illegal invasion of privacy for organizations to have policies banning or regulating relationships between consenting employees.
D) About 40% of workers admit that they have dated co-workers.

Question 45

From the employer's point of view,a romance between ____________ would be of the most legal concern regarding potential exposure to a sexual harassment charge.The employer is a large,urban law firm.

A) two partners of the firm of the same sex
B) two paralegals of the opposite sexes, both of whom are married
C) a female attorney and the vendor supplying the legal research software
D) the managing partner (female) and a paralegal (male)

Question 46

In 2008,the average annual full-time pay of women was ____ as that of the average full-time pay as men.

A) 60
B) 70
C) 80
D) 90

Question 47

For purposes of job similarity under the Equal Pay Act,jobs must have

A) identical job titles.
B) comparable requirements for knowledge, skills and abilities.
C) a common core of tasks.
D) similar value of contributions to the organization.

Question 48

Andrew has informed the director of HR that as of next month,he will be Andrea.Andrew's co-workers are unaware of the upcoming transformation.Andrew has been a high-performing employee at company headquarters for the last nine years.The company specializes in publishing religious materials and an extensive product line for home-schooling.Which of the following options would be UNWISE for the HR director to take?

A) The HR director should inform Andrew's manager so that Andrew/Andrea can be transferred from his current client-contact job to another position that does not entail client-contact.
B) The HR director should wish Andrew the best of luck and ask if Andrew has any concerns regarding his employment situation.
C) The HR director should inform Andrew that federal law requires the individual's birth gender to apply in any sex discrimination case under Title VII. So, Andrea would be considered male under Title VII.
D) The HR director should investigate whether the locality has a law protecting transgendered persons from employment discrimination.

Question 49

You are writing the electronic technology usage policy for your small company.Which of the following behaviors would be LEAST LIKELY to be included as inappropriate use of company email which might make the company vulnerable to allowing an environment to exist that contributes to harassment?

A) forwarding pornography to co-workers
B) forwarding jokes with sexual content to co-workers
C) sending an electronic Valentine to one's spouse
D) sending love poems to a co-worker who is not the sender's romantic partner

Question 50

The majority of women who have risen to senior management in the U.S.hold positions in support or staff areas,such as HR and corporate communications,rather than in the higher-paying,more prestigious,male-dominated areas of sales,operations and finance.These women have

A) become "pink collar" executives.
B) become stuck in the glass elevator.
C) become trapped in the hierarchical pyramid.
D) been successfully building an alternative route to CEO and corporate-president status.

Question 51

Lakshi,a teller at one of the branch banks,has filed a complaint of sexual harassment with the EEOC alleging that her branch manager made persistent unwelcome sexual advances toward her.As the newly-hired vice president of HR,you start investigating.All of the following pieces of information will help you defend the company against Lakshi's charge EXCEPT

A) Lakshi has not suffered any negative employment action by her branch manager.
B) All branch managers, including Lakshi's, have been trained in how to avoid sexual harassment.
C) The bank has a current policy against sexual harassment.
D) There have been nine complaints of sexual harassment at the bank in the last two years. Each was investigated by HR. Seven were found to be baseless. The harasser was disciplined in the other cases.

Question 52

Which of the following strategies is NOT a recommendation for helping members of protected classes "break the glass" ceilings and elevators in organizations?

A) formal mentoring programs for protected classes
B) alternative work arrangements for employees balancing work and family responsibilities
C) opportunities for managers in staff and support functions to rotate into operations, marketing and sales
D) hiring more majority men into organizational functions that are becoming female-dominated, such as HR and communications, thus giving these functions more prestige

Question 53

Which of the following is NOT a recommendation to employers as a means of guarding against pay inequities between men and women?

A) Ensure that the average pay of women in each job grade is within 10% of the average pay of men in that job grade.
B) Make sure all employees, including managers, know how the company's pay practices work.
C) Base pay on the value of jobs and individual employee performance.
D) Benchmark pay against local and national markets.

Question 54

A noted economist is not applying for a position as a professor at a large university even though he is well-qualified for the position.The economist's wife is dean of the college of business administration,where the economics department is housed.The economist is prevented from applying for this job because of the university's policy on

A) employing non-citizens. The economist is Icelandic and has a work visa.
B) the hiring of male faculty. This is a women's university.
C) affirmative action. The economist is a white male.
D) nepotism. Jillian would be her husband's boss.

Question 55

If women are underutilized as store managers in a national retail chain,this means that

A) there is a larger proportion of women qualified to be store managers in the labor force than the proportion of women who are store managers for the company.
B) the OFCCP will require the company to institute a company-wide affirmative action plan.
C) the percentage of women who are store managers is lower than the proportion of women who are store clerks in this company.
D) more than half the store managers are men.

Question 56

Company policies that require only men to be assigned to hazardous jobs that may cause birth defects

A) are usually applied on a case-by-case basis between management and HR.
B) are recommended as a way of reducing workers' compensation premiums.
C) have been held to be discriminatory against women by the Supreme Court.
D) are a standard and accepted health and safety practice.

Question 57

Kurt,one of the sales representatives,has been sending Susie,another sales representative who he met at a corporate retreat,text messages and emails requesting dates.This has gone on for about six months.Susie politely refused at first,and now ignores all of Kurt's messages.Now,Kurt is sending Susie poems he has written about her physical attributes.Susie is dreading the next corporate retreat because Kurt has said he will be waiting for her.Which of the following statements is TRUE?

A) Unless there is an existing HR policy on inappropriate electronic technology usage, Kurt cannot be disciplined, since "hostile environment" only applies to the physical work environment.
B) Kurt is just a "loser" guilty only of socially-inept behavior. Susie would be over-reacting to report this to HR, and if she does report this to her manager or HR, she should be told that Kurt is harmless.
C) This is cyber-stalking. Susie should report Kurt to her manager, and Kurt should be disciplined in accordance with the company's electronic technology usage policy.
D) This does not rise to the level of cyber-stalking because Kurt has not made any threats against Susie. If Kurt does make threats, Susie should immediately inform her manager and HR.

Question 58

All of the following conditions are required to constitute a incident of sexual harassment EXCEPT

A) the actions involve physical contact.
B) the actions create a hostile environment.
C) the actions are sexually directed.
D) the actions are unwanted.

Question 59

Quid pro quo harassment occurs when

A) employment outcomes are linked to the victim's granting the harasser sexual favors.
B) an intimidating or offensive work environment is created.
C) a subordinate voluntarily initiates the offer of sexual favors for the supervisor.
D) the victim cannot perform his/her work well due to the harassment.

Question 60

The Equal Pay Act,enacted in 1963,requires employers to

A) pay similar wage rates for similar work without regard to gender.
B) establish pay rates based upon merit rather than seniority.
C) conduct wage and salary surveys to ensure pay equity.
D) ensure that older employees are not discriminated against in compensation.

Question 61

Josh was laid off at age 39 from a position as Chief Financial Officer for a medium-sized agricultural products firm in Nebraska.The company had been acquired by a larger corporation,and it laid off all the executives of the acquired firm.Josh has looked for work intensely for two years,but the downturn has hit Nebraska hard,and opportunities are scarce.Josh has lost his medical benefits and he is willing to take any job he can get.Josh has heard repeatedly that he is over-qualified and that his computer skills are outdated.Which of the following statements is TRUE?

A) Josh is not covered by the ADEA since he was originally laid off at age 39.
B) Josh is not covered by the ADEA since he is only 42 and the ADEA cutoff is age 50.
C) "Overqualified" is often a code word for age discrimination. Josh may be a victim of age discrimination.
D) Josh is a white male, and he is more likely a victim of reverse discrimination since there are very few minority job seekers in Nebraska.

Question 62

Medical information on employees must be

A) maintained off-site.
B) filed with the employee's general personnel files..
C) more extensive for employees covered by the ADA.
D) limited access.

Question 63

The Older Workers Benefit Protection Act of 1990 was passed to ensure that

A) pension plans are administered in a responsible manner and that the pension plans have appropriate financial backing.
B) early retirees between the ages of 55 and 65 receive medical benefits from their former employer.
C) employees must be given complete and accurate information about the benefits of any severance package if they must sign liability waivers for age discrimination.
D) employees over the age of 40 would not have their medical benefits reduced or have their medical insurance premiums raised merely because older employees are heavy users of health care.

Question 64

____ is the modification or adjustment to a job or work environment that enables a qualified individual with a disability to enjoy equal employment opportunity.

A) Access improvement
B) Workplace restructuring
C) Job modification
D) Reasonable accommodation

Question 65

You are the director of HR for a company that has been stable in size and has had very little turnover in the last 20 years.Consequently,the average age of your employees is 46 and a large proportion of your employees are over 65.You are receiving more frequent requests for accommodation from employees who are developing bad knees,bad hips,bad backs,and other infirmities of age.Which of the following statements is FALSE?

A) The ADA has ruled that the cost of accommodating a disability can be calculated either on a case-by-case basis or on a company laborforce basis. Consequently, a company with a large contingent of disabled employees can deny accommodation on the basis of unreasonable cost.
B) The requests for accommodation must be handled under ADA rules.
C) If the disabled employee's present job cannot be changed to accommodate his/her disability, he/she must be shifted to another job if one is available.
D) If the disabled employee cannot be accommodated in the present job, and no other job is available, the individual could legally be terminated.

Question 66

The Americans with Disabilities Act

A) has made it impossible for an employer to find out if an applicant is physically able to do a job until a conditional job offer has been made
B) allows physical ability tests to be given to applicants if the tests are job-related.
C) has resulted in high costs of accommodation for employers
D) requires employers to hire applicants who can perform most of, but not all of, the core functions of the job

Question 67

A large disaster management firm is hiring individuals to provide security for relief workers at the site of a natural disaster in the U.S.

A) The ADA would allow pre-employment-offer medical exam in this case because the job is para-military.
B) The ADA would not allow medical exams (except for drugs) until a conditional job offer was made.
C) The ADA would not allow a medical exam before a conditional job offer was made because security jobs do not necessarily require able-bodied employees.
D) The ADA would allow a pre-employment medical exam if it was used in the context of a preliminary screening fitness-for-active-duty test.

Question 68

Jill,a talented marketing and public relations professional with a major corporation,has been diagnosed with chronic clinical depression.Jill has requested that she be given a lighter travel schedule and attend more meetings via teleconferencing.This accommodation would require some restructuring of Jill's job,modifying her work schedule,and giving some of her assignments to other (somewhat less talented)employees.Which of the following statements is FALSE?

A) Jill's request is covered by the ADA, the same as a request for a physical disability.
B) Jill should be encouraged to take FMLA leave to see if the time off will cure her depression.
C) If the company makes the accommodations for Jill, the reason for the accommodations must be kept confidential.
D) HR should verify Jill's medical condition with her psychiatrist.

Question 69

Kevin,a junior architect at a large commercial firm,has contracted an aggressive case of cancer.He has had surgery and is currently undergoing chemotherapy,but his outlook for long term survival is poor.Kevin has used all his sick leave and is taking his FMLA leave in one-day increments on Fridays for his chemotherapy.Kevin has lost his hair and looks frail,but he has made all his deadlines with quality work.The senior architect with whom Kevin works has told you,the HR director,that "I can't stand to look at him." The senior architect,a partner in the firm,wants you to remove Kevin from his projects and hire another junior architect in Kevin's place.You have explained that this is not feasible."Then,terminate Kevin and give him a big severance." As the HR director you know

A) since the architecture firm has 21 employees, Kevin is protected under the ADA.
B) except for AIDS and HIV, life-threatening illnesses are not considered a disability under the ADA.
C) you need to sit down with Kevin and work out a voluntary resignation. His FMLA leave will expire soon. COBRA will extend his health benefits for 18 months, which he is not likely to outlive.
D) as an owner of the firm, the senior architect has the final say on whether accommodation for Kevin is reasonable or unreasonable.

Question 70

All of the persons below would be classified as disabled EXCEPT a person who

A) is addicted to a prescription drug which she gets from her sister who is a pharmacist.
B) has been treated by a psychiatrist for depression, but who has never been hospitalized for depression.
C) person who is deaf without his hearing aids.
D) who is currently receiving chemotherapy for cancer of the esophagus.

Question 71

Which of the following questions to job applicants is LEGAL under the ADA?

A) Have you ever been treated for tuberculosis?
B) What was the reason for your medical discharge from the Army?
C) I see you are wearing a cast on your arm. Why?
D) Describe how you would lift a 50-pound dog onto an examination table with or without accommodation.

Question 72

If accommodating a disabled person imposes significant difficulty or expense on an employer,the employer

A) can claim undue hardship exists.
B) may apply for federal grant money to make the accommodation.
C) will be responsible for finding alternate work for the disabled person.
D) may reduce the salary of the disabled person to compensate.

Question 73

Which of the following would NOT be a reasonable accommodation for a modest-sized company for an employee who uses a wheelchair?

A) eliminating a marginal function of the job that requires the employee to change the paper in the printer and do other machine maintenance tasks requiring reaching and stooping
B) removing a partition in the restroom so that the employee can maneuver her wheelchair as needed
C) raising the employee's desk higher so that her wheelchair can more easily fit under it
D) relocating the business from a second floor that is not accessible by wheelchair to the ground floor

Question 74

The fundamental job duties of the employment position that an individual with a disability holds or desires are called

A) core job duties.
B) essential job functions.
C) reasonable accommodation factors.
D) minimum job requirements.

Question 75

Which of the following statements is TRUE?

A) It is currently illegal for employers to collect genetic information on employees.
B) Employers can legally test employees for genetic characteristics, but they cannot take any actions on the results if the employee would be negatively impacted.
C) Employers can legally test employees for genetic characteristics and make decisions based on these tests.
D) Genetic tests are legally allowed only if employers can demonstrate business necessity.

Question 76

John took early retirement last year at age 58.Now his former employer wants to rehire John as an independent consultant.Which of the following statements is FALSE?

A) The employer is violating the ADEA because it is hiring John to do the same work that he did as an employee, but without paying for his health benefits and other benefits provided to regular employees.
B) Re-hiring retirees is a common practice, because it retains their experience and expertise within the firm.
C) John is more likely to have a job offer from his former employer than if he searches for a job with different employers where he may be viewed a "overqualified" or encounter other forms of age discrimination.
D) If John accepts a contract with his old employer, he will not have the same protection from discrimination that he did as an employee.

Question 77

The CEO of Ponchatoula Confections,a non-unionized company,is conferring with the vice-president of HR about inevitable layoffs due to long-term declines in orders.The CEO wants to lay off poor-performing employees first.Looking at the list of employees and their performance rankings,the CEO sees Carl's name.Carl has had consistently below-average performance appraisals for the last five years.Carl is 66 and has been with the firm 41 years.The CEO says,"What about Carl?" The vice-president of HR advises the CEO

A) "Don't touch Carl, he is protected by the ADEA because he is over 70."
B) "You can consider Carl for layoff because of his long-term poor performance."
C) "The ADEA protects employees who have over 40 years seniority with the firm. We can't lay Carl off."
D) The ADEA requires employers to lay off employees in order of reverse seniority, so Carl must be retained while more junior employees are laid off.

Question 78

During a trip to China,Kevin became very ill and had to be treated for several days in a Chinese hospital.During the course of treatment Kevin received several blood transfusions.Kevin is now back at work in the U.S.,but rumors in the workplace are spreading that the reason Kevin is constantly fatigued and subject to colds is because he caught AIDS from the transfusions.For this reason,Kevin was passed over for promotion because the supervisor of that department did not want to work with a person with AIDS.Is Kevin covered by the ADA?

A) Yes, but only if Kevin really has AIDS. So Kevin needs to have an AIDS test to clarify his medical condition.
B) No, because Kevin hasn't had an AIDS test, so his actual medical condition is not known.
C) Yes, Kevin is covered by the ADA because some coworkers think he has AIDS, even though he may or may not actually have AIDS.
D) No, because the real causes of the rumors about Kevin are his fatigue and his frequency of colds. Colds and fatigue are transitory and are not covered by the ADA.

Question 79

You are the director of HR for a company that has been stable in size and has had very little turnover in the last 20 years.Consequently,the average age of your employees is 46 and a large proportion of your employees are over 65.You are receiving more frequent requests for accommodation from employees who are developing bad knees,bad hips,bad backs,and other infirmities of age.Which of the following statements is FALSE?

A) The ADA has ruled that the cost of accommodating a disability can be calculated either on a case-by-case basis or on a company laborforce basis. Consequently, a company with a large contingent of disabled employees can deny accommodation on the basis of unreasonable cost.
B) The requests for accommodation must be handled under ADA rules.
C) If the disabled employee's present job cannot be changed to accommodate his/her disability, he/she must be shifted to another job if one is available.
D) If the disabled employee cannot be accommodated in the present job, and no other job is available, the individual could legally be terminated.

Question 80

The Age Discrimination in Employment Act protects individuals over the age of

A) 40.
B) 50.
C) 65.
D) 70.