Deck 2: Equal Employment Opportunity: Regulatory Issues

Answer 1

True

Question 2

If applied to a workplace setting, which is an example of disparate treatment?
A)A woman is not promoted because she does not have the correct degree.
B)A woman is not promoted because she has a habit of being late.
C)A woman is not promoted because the CEO believes women are too emotional.
D)A woman is not promoted because she consistently loses sales opportunities.

Answer 2

C

Question 3

When the EEOC decides to litigate a complaint, it uses the resources of the Solicitor General's Office.

Answer 3

True

Question 4

An individual rights approach to EEO legislation is seen through affirmative action.

Answer 4

False

Question 5

Limitations imposed by Black Codes on the rights of African American citizens were confined to the southern states.

Question 6

A private sector employer with 10 fulltime and 5 part time employees would be required to comply with Title VII in making employment decisions.

Question 7

A complaint will not be dismissed just because the complaining party fails to provide the EEOC with requested information.

Question 8

Conciliation is encouraged by the EEOC before the determination of reasonable cause is reached.

Question 9

When an EEOC investigation results in a finding of reasonable cause, the matter is automatically concluded.

Question 10

Title VII protects foreign nationals who are working within the United States and its territories.

Question 11

If the EEOC's investigation concludes with a finding of no cause, the complaining party is barred from filing suit for the same alleged discrimination in federal court.

Question 12

Failure to file a Title VII complaint in a timely manner can result in a dismissal.

Question 13

The history of federal civil rights law begins with the end of the Civil War.

Question 14

Either party may request a trial by jury if a complaining party is seeking compensatory or punitive damages.

Question 15

There are some employees who do not receive Title VII protection even if the employment action is based on their race, color, religion, sex, or national origin.

Question 16

If the parties cannot agree to conciliation the EEOC has the option of filing suit on behalf of the complaining party.

Question 17

Deferral means that the federal EEOC may choose to forward a charge for investigation by the state or local FEPA.

Question 18

An administrative withdrawal is the same as a dismissal.

Question 19

Some circuit courts have been known to hold parties liable for legal cost if the appeal is obviously frivolous.

Question 20

The Fair Employment Practice Commission was the precursor to the Office of Federal Contract Compliance Programs.

Question 21

Black Codes denied freedmen all of the rights listed below except:

A)the right to serve on juries
B)the right to bear arms
C)the right to assemble before sunset
D)the right to vote

Question 22

In what year was the Lilly Ledbetter Fair Pay Act signed into law?

A)1985
B)1991
C)2001
D)2009

Question 23

________ was a means for the federal government to negate state Black Codes.

A)Amendment XIII
B)Amendment XIV
C)Plessy v.Ferguson
D)Civil Rights Act of 1964

Question 24

If it is stipulated that a law should be prospective in nature, what does that mean?

A)considering the ease to which it would be implemented
B)drawing from past events in history
C)looking toward the future
D)considering how the majority of companies currently handle situations

Question 25

Individual group rights advocate:

A)protected class-consciousness decision-making
B)a retrospective approach to EEO legislation
C)affirmative action
D)equal treatment

Question 26

The history of federal civil rights law begins with:

A)the beginning of the civil war.
B)the abolition of slavery.
C)the election of Abraham Lincoln.
D)the use of Jim Crow Laws.

Question 27

Which Supreme Court case concluded that Title VII protected White employees from racial discrimination just as it protected African Americans from racial discrimination?

A)McDonald v.Santa Fe Transportation Company
B)Brown v.Topeka Board of Education
C)Plessy v.Ferguson
D)Ledbetter v.Goodyear Tire & Rubber Co.

Question 28

Which of the following is considered an ethnic group rather than a racial classification by the United States Census Bureau?

A)Asian
B)American Indian/Alaska Native
C)Hispanic
D)Native Hawaiian/Pacific Islander

Question 29

Which 1896 Supreme Court Justice took exception to the Plessy v.Ferguson ruling?

A)Edward White
B)John Harlan
C)Stephen Field
D)David Brewer

Question 30

Which is not a violation of Title VII?

A)a candidate is promoted because she is female
B)an applicant is not given consideration because his national origin is Pakistani
C)an employer has a preference for hiring Catholics over Protestants
D)a 22 year-old is not promoted because of his age

Question 31

What is the intent of Title VII?

A)to create affirmative action plans
B)an individual's qualifications are the basis for employment-related decisions
C)a protected class, such as race, is given priority in employment decisions
D)to allow traditionally oppressed groups of people better working conditions than other groups

Question 32

Which of the following employers is not covered by Title VII?

A)The University of Washington
B)Colorado Department of Labor & Employment
C)The city of Detroit
D)A private sector employer with 10 (or less) employees

Question 33

Which of the following is included in the group rights approach to EEO law?

A)equal results
B)protected class-blind decision-making
C)a prospective approach to EEO legislation
D)equal treatment

Question 34

Which of the following employees is not covered by Title VII?

A)a member of a Native American Indian Tribe that has treaties with the United States
B)a citizen of the United States working for a U.S.company overseas
C)a man who works part-time for a private sector company employing 17 people
D)an illegal immigrant

Question 35

Once you have been notified that the EEOC has received a complaint from one of your employees, what are the possible outcomes?

A)reasonable cause or dismissal
B)no cause, reasonable cause or injunction
C)reasonable cause, injunction or dismissal
D)no cause, reasonable cause, or dismissal

Question 36

The section of Title VII that specifically prohibits certain forms of discrimination in employment is:

A)730
B)307
C)703
D)370

Question 37

Any private sector employer who employs ___ or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year is an "employer" under the Title VII.

A)10
B)15
C)20
D)25

Question 38

Which of the following is not a true statement concerning Fair Employment Practice Agencies (FEPAs)?

A)A case that is filed with the EEOC can be deferred to a state FEPA.
B)There are no time limits for filing a complaint with a FEPA.
C)FEPAs are state enforcement agencies that investigate unlawful discrimination.
D)FEPAs are sometimes referred to as section 706 agencies.

Question 39

The Civil Rights Act of 1991 identifies the party against whom a complaint is made as the:

A)defendant
B)employer
C)complaining party
D)respondent

Question 40

____________ amends Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973 by overturning the Supreme Court's Goodyear Tire & Rubber Codecision..

A)the Lilly Ledbetter Fair Pay Act
B)the Civil Rights Act of 1991
C)the Equal Pay Act
D)the Fair Labor Standards Act

Question 41

Which of the following is not one of the three outcomes possible once an initial investigation into an alleged discriminatory act is completed?

A)no reasonable cause
B)deferral
C)dismissal
D)reasonable cause

Question 42

What does conciliation mean?

A)a negotiated settlement with the complaining party
B)the process of returning an appealed case to the court of original jurisdiction
C)the damage award of a lower court is annulled or by an appellate court
D)the EEOC stops the investigation without any determination being made

Question 43

A "bench trial" is heard before a:

A)judge and jury
B)judge only
C)board consisting of EEOC delegates
D)the attorneys for each party only

Question 44

What is the process when a complaint is filed with the EEOC or a fair employment practice agency?

Question 45

Which is a true statement about disparate impact?

A)It focuses on statistical imbalances in workforces.
B)It is characterized by imposing different standards on different people.
C)It is intentional.
D)It was born from the Plessy v.Ferguson decision.

Question 46

Which is a true statement about disparate treatment?

A)It was born from the Griggs v.Duke Power Company decision.
B)It focuses on statistical imbalances in workforces.
C)It is characterized by imposing different standards on different people.
D)It is unintentional.

Question 47

Identify the classes of employers and types of people required to comply with Title VII.

Question 48

What are the differences in the individual versus group rights views of equal employment opportunity?

Question 49

The legal term used for the process of returning an appealed case to the court of original jurisdiction is:

A)vacate.
B)remand.
C)dismissal.
D)conciliation.

Question 50

The complaining party must request a "notice of right to sue" within how many days of being formally notified of the EEOC's no cause determination?

A)30 days
B)60 days
C)90 days
D)120 days

Question 51

If reasonable cause is found, which of the following is a course of action for the respondent?

A)dismissal
B)deferral
C)conciliation
D)notice of right to sue

Question 52

_________ focuses managers' and HR professionals' attention on statistical imbalances in their workforces.

A)conciliation
B)remand
C)disparate treatment
D)disparate impact