Deck 1: An Introduction to Eeo Law

Question 1

Equal Employment Opportunity focuses on workplace discrimination based on:

A) Race, color, religion, sex, and national origin
B) Age
C) Disability
D) All of these

Answer 1

D

Question 2

Title VII of the 1964 Civil Rights Act (CRA) protects how many classes of people?

A) 1
B) 5
C) 6
D) 7
E) 12

Answer 2

B

Question 3

CRA protected classes include:

A) Race, color, religion, sex, and national origin
B) Age
C) Disability
D) All of these

Answer 3

D

Question 4

The ____ Amendment permits Federal laws such as Title VII to protect state and municipal employees.

A) 5th
B) 14th
C) 9th
D) 17th

Question 5

Title VII was amended in 1972 to:

A) Protect women
B) Protect disabled Americans
C) Protect federal, state, and municipal employees
D) Prohibit discrimination based on race, color, or national origin

Question 6

The federal court that hears cases at the state level is the:

A) State Supreme Court
B) Federal District Court
C) Federal Circuit Court
D) U.S. Supreme Court

Question 7

Which of the following is NOT an accurate statement?

A) There are often regional variations among rulings in circuit courts
B) Many precedents are set by lower-court rulings
C) Courts are legally bound to follow the Uniform Guidelines
D) All of these are true

Question 8

In addition to the DC Circuit Court, there are _____ circuits in our federal court system.

A) 7
B) 94
C) 21
D) 59
E) 11

Question 9

The EEOC may:

A) Impose remedies for ADEA violations
B) Resolve conflicts without litigation
C) Impose remedies for Title VII violations
D) Impose remedies for EO 11246 (affirmative action) violations

Question 10

The OFCCP may:

A) Impose remedies for ADEA violations
B) Impose remedies for EO 11246 (affirmative action) violations
C) Impose remedies for Title VII violations
D) Resolve conflicts without litigation

Question 11

The Department of Justice specializes in:

A) Writing guidelines and regulations
B) Gaining voluntary compliance from federal contractors
C) Supreme Court litigation of EEO sponsored suits against private entities
D) Imposing remedies for Title VII violations

Question 12

In deferral states (with EEO laws), a claimant has ____ days after the violation to file a case with the EEOC; in non-deferral states (with no EEO laws), the claimant has ___ days to file with the EEOC.

A) 300; 180
B) 90; 180
C) 180; 300
D) 180; 90

Question 13

When the EEOC is investigating a claim, they have _____ days to complete their investigation.

A) 60
B) 90
C) 180
D) 300

Question 14

Under CRA 91, plaintiffs who claim intentional discrimination can obtain jury trials.

Question 15

A BFOQ defense applies when discrimination is:

A) Facially neutral
B) Facially obvious
C) Gender biased
D) Based on a BFSS

Question 16

A summary judgment is likely to occur when a judge believes:

A) The violation has been proven with a preponderance of evidence
B) The plaintiff establishes prima facie evidence of a violation
C) The case is heard as a criminal rather than a civil case
D) A reasonable jury would not rule for the plaintiff, even if all of their claims are true

Question 17

Section 1981 and Section 1983 refer to:

A) Key amendment statutes in constitutional claims
B) Additions to the Uniform Guidelines made in 1981 and 1983, respectively
C) Amendments to the CRA made in 1981 and 1983, respectively
D) The areas in federal prisons used to house violators of EEO law

Question 18

The minimum number of employees for an employer to be subject to a Title VII claim is:

A) 40
B) 15
C) 7
D) 90
E) Any number of employees

Question 19

The minimum number of employees for an employer to be subject to a constitutional claim is:

A) 7
B) 15
C) 40
D) 90
E) Any number of employees

Question 20

The minimum number of employees for an employer to be subject to an Equal Pay Act claim is:

A) 7
B) 15
C) 40
D) 90
E) Any number of employees

Question 21

The Equal Pay Act of 1963 covers equal pay for equal work across which of the following classes?

A) Race
B) Gender
C) Age
D) All of the above

Question 22

The "trilogy" of practices covered by Title VII includes:

A) Terms, conditions, and privileges of employment
B) Segregation and classification
C) Retaliation
D) All of these

Question 23

In which type of EEO case is the employer most likely to be the plaintiff?

A) Sexual harassment
B) Americans with Disability
C) Age Discrimination in Employment
D) Affirmative action
E) Title VII

Question 24

The Americans with Disabilities Act of 1990 requires the plaintiff to prove that

A) They are disabled as defined by the act
B) Both that they are disabled and that they can perform essential job functions with or without accommodation
C) They can perform the essential job functions with or without reasonable accommodation
D) Either that they are disabled or that they can perform essential job functions with or without accommodation

Question 25

Affirmative action as a practice is used to address _____, while affirmative action as a remedy is used to address ______.

A) Underutilization; pattern or practice of discrimination
B) Pattern or practice of discrimination; underutilization
C) Underutilization; reverse discrimination
D) Pattern or practice of discrimination; reverse discrimination

Question 26

Sex was initially added to Title VII as a protected group in order to:

A) Prevent the passage of the law
B) Ensure gender equity in employment
C) Pacify feminists and the Equal Rights Movement
D) Win the "soccer mom" vote

Question 27

The agency charged with enforcing Title VII is the:

A) OFCCP
B) Department of Justice
C) EEOC
D) All of these

Question 28

Under the ADEA, employers may be subject to reverse discrimination claims by younger workers.

Question 29

The doctrine of comparable worth states that jobs should be paid similarly if:

A) They involve different skills, effort, responsibilities, and work conditions but have similar value to the organization
B) They involve equal skill, effort, responsibility, and work conditions
C) They involve similar tasks, duties, and activities
D) Concentration statistics demonstrate there are a comparable proportion of men and women in the job

Question 30

Interpretation and subsequent implementation of federal law may differ according to the geographic location in which the plaintiff or employer resides.

Question 31

Congress can pass new legislation to change a Supreme Court decision.

Question 32

In the EEO court process, the plaintiff must first establish a _______ case of discrimination.

A) Disparate impact
B) Prima facie
C) Disparate treatment
D) All of these

Question 33

If the plaintiff establishes disparate impact, the defendant must:

A) Articulate a legitimate nondiscriminatory reason
B) Establish the job relatedness of the employment practice in question
C) Establish that they are a member of a protected group
D) Pay damages and restitution

Question 34

If the plaintiff establishes disparate treatment, the defendant must:

A) Establish the job relatedness of the employment practice in question
B) Establish that they are a member of a protected group
C) Articulate a legitimate nondiscriminatory reason
D) Pay damages and restitution

Question 35

In availability comparison statistics, the relevant geographic area is often based on:

A) A 10 mile radius
B) A 50 mile radius
C) A 120 mile radius
D) The geographic scope of recruitment practices

Question 36

When the plaintiff establishes a case based on disparate impact, which of the following options are available to the employer as a defense?

A) Remove the disparate impact (e.g., adjust cutoff scores)
B) Find equally valid alternative practice(s) with less disparate impact
C) Demonstrate the validity of the employment practice
D) Demonstrate the business necessity of the employment practice
E) All of these

Question 37

The key to a plaintiff establishing disparate treatment is: they are a member of a protected group and were qualified for the job they applied for and ______.

A) Were rejected for the job
B) Both that they were rejected for the job and that employer continued to seek applicants with the same qualifications
C) The employer continued to seek applicants with the same qualifications
D) Show evidence of adverse impact
E) Both that they were rejected for the job they applied for and show evidence of adverse impact

Question 38

Utility analysis, as contrasted with validity, demonstrates:

A) Practical significance
B) Adverse impact
C) Disparate treatment
D) Statistical significance

Question 39

Bona fide affirmative action plans (i.e., court-ordered) must:

A) Include a continued commitment to preferential hiring
B) Be remedial in nature to correct past discrimination or imbalance in the workforce
C) Include preferred employment options only for members of the class previously discriminated against
D) All of these

Question 40

Equal employment opportunity legislation requires:

A) Members of protected groups to be given preferential treatment in applying for jobs
B) Quota hiring of minorities to redress past discrimination
C) Job-relevant characteristics to be the only basis for selection
D) Compliance with affirmative action programs approved by the government

Question 41

According to the rule of thumb in the Uniform Guidelines, adverse impact has been demonstrated when:

A) The proportion of minority applicants hired is less than 80% of the proportion of majority applicants hired
B) A member of a minority group has been denied a legitimate opportunity for employment
C) Less than 80% of minority applicants are hired
D) More than 80% of majority applicants are hired

Question 42

The first phase in the legal process of an EEOC disparate impact case is:

A) The organization must demonstrate the validity of its selection program
B) The individual must demonstrate that the selection program has had adverse impact on one of the "protected" groups
C) The individual must demonstrate he/she was discriminated against by the selection program
D) The organization must demonstrate no alternative selection practice exists