Deck 4: Legal Issues in Selection

Question 1

It is the responsibility of the employer to question job applicants to determine if they have disabilities that must be accommodated.

Answer 1

False

Question 2

A "qualified individual with a disability" refers to an individual with a disability that with or without reasonable accommodation can perform the "essential functions" of the job.

Answer 2

True

Question 3

ADEA stands for Age Discrimination in Employment Act.

Answer 3

True

Question 4

OFCCP (Office of Federal Contract Compliance Programs) is responsible for the enforcement of the Age Discrimination in Employment Act of 1967.

Question 5

Homosexuality is considered a disability according to the Americans with Disabilities Act.

Question 6

The Americans with Disabilities Act allows pre-employment inquiries about a person's disability.

Question 7

The federal agency that regulates personnel activities and discrimination in the workplace covered by Title VII is the Department of Labor.

Question 8

Since 2009, sexual preference discrimination is covered under Title VII of the Civil Rights Act of 1964.

Question 9

Employers may ask that individuals with disabilities request in advance any accommodations necessary to take employment tests.

Question 10

Rehabilitated drug users are protected by the Americans with Disabilities Act.

Question 11

The Age Discrimination in Employment Act eliminates trials by jury..

Question 12

Race norming is considered an acceptable practice according to the Civil Rights Act of 1991.

Question 13

Executive Order 11246 prohibits discriminatory acts and is directed toward contractors doing more than $10,000 per year in business with the federal government.

Question 14

The Americans with Disabilities Act does not consider mental retardation and specific learning disabilities "mental impairments".

Question 15

The Civil Rights Act of 1991 amends the Civil Rights Act of 1964.

Question 16

Title VII of the Civil Rights Act of 1964 prohibits, among other things, discrimination on the basis of marital status in the workplace.

Question 17

Private clubs are not covered by Title VII of the Civil Rights Act of 1964.

Question 18

The "glass ceiling effect" refers to an employer's effort to intentionally create barriers that impede the advancement of women and minorities to higher positions.

Question 19

The Americans with Disabilities Act protects active alcoholics who cannot perform their job duties from employment discrimination.

Question 20

Race norming is the practice of ranking test scores of minorities separately from non-minorities and of choosing high scores within each group in order to create or maintain a more diverse workforce.

Question 21

Stock statistics compare groups at one point in time.

Question 22

Court decisions regarding ADA interpretation must be in line with congressional intent when the law was passed.

Question 23

The legal burdens for both plaintiffs and defendants are the same regardless of whether the case is heard as a disparate impact or a disparate treatment case.

Question 24

Flow statistics compare proportions taken at two points in time.

Question 25

Sexual, religious, and other forms of discrimination not covered by Title VII of the Civil Rights Act of 1964 are covered by the Civil Rights Act of 1866 and 1871.

Question 26

The Uniform Guidelines on Employee Selection Procedures serve as a primary reference for court decisions.

Question 27

Under the Uniform Guidelines on Employee Selection Procedures skills and abilities easily learned during a brief training program are not acceptable as selection requirements.

Question 28

Lack of discrimination intent is sufficient defense in a court case of disparate treatment discrimination in selection.

Question 29

"Reasonable accommodation" does not require preferences be awarded to persons with disabilities.

Question 30

Only scored selection tests are addressed in the Uniform Guidelines on Employee Selection Procedures.

Question 31

Demonstrating that not using the selection requirement would result in great cost or loss of business to the firm has generally been found adequate for establishing "business necessity."

Question 32

The Americans with Disabilities Act does NOT considers drug testing a medical examination.

Question 33

To establish a prima facie case, a person needs only to show that he/she belongs to a racial minority and that he/she was rejected for the job.

Question 34

Statistical data are a major part of disparate impact cases.

Question 35

Pre-employment medical examinations can be given to applicants only after a job offer is made.

Question 36

It is not an unfair employment practice to prefer to select or recruit an individual who is a citizen of the U.S.instead of another individual who is a noncitizen.

Question 37

The burden of proof is initially on the defendant in either a disparate treatment or a disparate impact discrimination case.

Question 38

Generally, the disabled person is responsible for informing the employer that accommodation is needed.

Question 39

The Immigration Reform and Control Act of 1986 makes employers liable for knowingly and unknowingly employing any alien not authorized to work in the United States.

Question 40

The ADA Amendments Act of 2008 makes it easier for plaintiffs to make a case for disability.

Question 41

A charge of discrimination must be filed how soon after an alleged act?

A)within 80 days
C)within 180 days
B)within 100 days
D)within one year

Question 42

One option for an organization accused of illegal discrimination is to conduct a validation study to support the organization's contention that the selection instruments are job related.

Question 43

In equal opportunity affirmative action plans members in target groups are given advantage only in selection situations in which applicants are tied.

Question 44

Small businesses are exempt from many of the EEO laws and directives.

Question 45

An affirmative action goal is the same as a quota.

Question 46

In voluntary affirmative action programs, preferential treatment given one group may be interpreted as reverse discrimination by another group.

Question 47

Which of the following organizations is not covered by Title VII of the Civil Rights Act of 1964?

A)employment agencies
C)private employers
B)unions
D)private clubs

Question 48

How does federal regulation of recent years differ from historical regulation?

A)It is specific to one industry.
B)It protects only minorities and women from illegal discrimination.
C)It is not specific to any industry, but rather applies to many.
D)Fines can be levied against violators.

Question 49

Which of the following is not prohibited by Title VII of the Civil Rights Act of 1964?

A)discrimination on the basis of sex
B)discrimination on the basis of religion
C)discrimination on the basis of sexual preference
D)discrimination on the basis of race

Question 50

Sometimes under EEO there is a legal requirement to hire unqualified applicants to increase the "numbers" of specific groups.

Question 51

Voluntary affirmative action programs are controversial, and can lead to claims of reverse discrimination.

Question 52

All federal government contractors must have affirmative action plans.

Question 53

______________ enforces executive orders.`

A)The EEOC
B)The U.S.Congress
C)The Department of Labor
D)The U.S.Attorney General

Question 54

What is the regulatory agency in charge of the enforcement of Title VII?

A)Personnel Fair Contract Compliance Program (PFCCP)
B)Equal Employment Opportunity Commission (EEOC)
C)Interstate Commerce Commission (ICC)
D)Federal Fair Employment Commission (FFEC)

Question 55

The first response by the EEOC after a charge of discrimination has been filed is to:

A)attempt conciliation between the two parties.
B)conduct an investigation.
C)attempt to negotiate a no-fault settlement.
D)work with the plaintiff to develop a strategy to seek justice.

Question 56

An affirmative action program is a requirement for contractors who have more than $50,000 in business with the government and more than 50 employees under:

A)Title VII of the Civil Rights Act of 1964.
B)the Rehabilitation Act of 1973.
C)Executive Order 11246.
D)the Age Discrimination in Employment Act of 1967.

Question 57

The Department of Labor is responsible for the enforcement of which of the following?

A)Title VII of the Civil Rights Act of 1964
B)Executive Order 11246
C)the Age Discrimination in Employment Act
D)the Immigration Reform and Control Act of 1986

Question 58

According to the regulatory model of EEO, what begins the regulation process?

A)societal problems
C)regulatory agencies
B)management responses
D)laws and executive orders

Question 59

A charge of discrimination can be embarrassing for an organization.

Question 60

All organizations are required to keep information about the demographic characteristics of applicants and hires.

Question 61

What is the major difference between stock and flow statistics?

A)timing of comparisons
C)relevant labor market
B)location of comparisons
D)types of applicants

Question 62

Disparate impact may be indicated even if the four-fifths rule is satisfied.This would be due to which of the following?

A)significance level
C)sample size
B)industry type
D)applicant characteristics

Question 63

The Americans with Disabilities Act covers which of the following employers?

A)all employers
C)those with 25 or more employees
B)those with 15 or more employees
D)
D)those with 50 or more employees

Question 64

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against which of the following?

A)individuals 40 and over
C)individuals 55 and over
B)individuals 50 and over
D)individuals 65 and over

Question 65

Using the four-fifths rule, if 70 percent of White applicants are selected, then the selection proportion of any minority group should be at least ___ percent.

A)48
B)52
C)56
D)60

Question 66

In ____________________ assigning negative weights to members of target groups is forbidden.

A)Equal Opportunity Affirmative Action Programs
B)Strong Preferential Affirmative Action Programs
C)Opportunity Enhanced Affirmative Action Programs
D)Tiebreak Affirmative Action Programs

Question 67

An employee or an applicant with a physical or mental limitation (i.e., a disability) must have a "reasonable accommodation" unless it creates "undue hardship" for the business.Which of the following is TRUE about definitions of "reasonable accommodation" and "undue hardship?"

A)Generally, the nature and cost of the accommodation as well as the size, type, and finances of the specific facility and those of the parent employer are considered.
B)The Rehabilitation Act of 1973 specifically defines these terms.
C)The executive order that gives enforcement power to the Department of Labor details such a requirement.
D)Legislative intent outlined in the Federal Register makes clear what is meant by these terms.

Question 68

The Civil Rights Act of 1866 covers which of the following private employers?

A)all of them
C)those that employ 25 or more
B)those that employ 15 or more
D)those that employ 50 or more

Question 69

What are the three options an employer has for defense in an adverse impact discrimination case?

A)BFOQ (bona fide occupational qualification), reliability, customer preference
B)business necessity, BFOQ (business-related occupational qualification), business necessity
C)BFOQ (business firm order quantity), customer preference, business necessity
D)business necessity, validity, BFOQ (bona fide occupational qualification

Question 70

When using the 'Standard Deviation Rule' to test the differences in selection rates among groups, if the difference in means is greater than ________ standard deviations, the difference in means is considered to be significant between the two groups.

A)1.0
B)1.64
C)1.96
D)2.55

Question 71

Which of the following groups are specifically excluded under the Americans with Disabilities Act of 1980?

A)compulsive gamblers
B)homosexuals
C)pyromaniacs
D)persons with bad attitudes

Question 72

An intention to discriminate must be shown to provide evidence for which kind of discrimination?

A)unfair treatment
C)disparate impact
B)indirect impact
D)disparate treatment

Question 73

What is disparate impact?

A)Selection standards are applied uniformly to all groups, but the net result is to produce differences in the selection of various groups
B)Certain groups are treated negatively because of race, religion, color, sex, etc.
C)Different standards are applied to various groups even though there may not be an explicit statement of discrimination.
D)Certain groups are treated negatively because of job-related factors.

Question 74

A lawsuit charging illegal discrimination against homosexuals could be filed under which of the following:

A)Gay and Lesbian Antidiscrimination Act of 2002
B)Executive Order 11246
C)the Fifth or Fourteenth Amendments to the Constitution
D)Civil Rights Act of 1991

Question 75

Which of the following criteria can be used for framing a BFOQ (bona fide occupational qualification) defense?

A)race
B)color
C)gender
D)all of these

Question 76

Which of the following is TRUE about the Uniform Guidelines on Employee Selection Procedures?

A)They are laws enacted by Congress.
B)They are given great deference by the courts when considering discrimination cases.
C)They are only general guidelines and as such carry little weight in discrimination cases.
D)They provide guidelines for designing fair selection procedures and are based upon the cumulative findings of discrimination cases.

Question 77

Which of the following is the rule-of-thumb used by the courts to determine discrimination?

A)the three-fourths rule
C)the standard determination rule
B)the four-fifths rule
D)the proportional differences test

Question 78

Which of the following has been shown to cause disparate impact?

A)Not hiring women with young children while hiring men with such children.
B)Hiring minority group members for cleaning jobs while similarly qualified Whites are hired as cashiers or waiters.
C)Requiring a high school diploma requirement for entry-level positions when 7th grade education is all that is necessary.
D)Intentionally not hiring qualified women for management positions.

Question 79

What determines the relevant labor market for an organization?

A)SMSA (standard metropolitan statistical area), license requirements
B)geographical location, skill level
C)education, job interest
D)managerial judgment and job analysis

Question 80

"Qualified individual with a disability" refers to which of the following?

A)individuals with a disability who, with reasonable accommodation, can perform the essential functions of the job
B)individuals with a disability, who, without reasonable accommodation, can perform the essential functions of the job
C)individuals with a disability, who, with or without reasonable accommodation, can perform the essential functions of the job
D)individuals with a disability who, with reasonable accommodation, can perform all of the functions of the job