Deck 2: Managing Equal Opportunity and Diversity

Question 1

The EEOC was initially established to investigate complaints about ________.

A) job discrimination
B) unfair business practices
C) sexual harassment in public schools
D) accommodations for disabled workers

Answer 1

A
Explanation: A) Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The EEOC receives and investigates job discrimination complaints from aggrieved individuals.

Question 2

Under the principles established by Griggs v. Duke Power Company, ________ may be used as a defense for any existing program that has an adverse impact on members of a protected class.

A) gender
B) fair in form
C) affirmative action
D) business necessity

Answer 2

D
Explanation: D) Business necessity is the defense for any existing program that has an adverse impact according to Griggs. The court did not define business necessity.

Question 3

According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________.

A) allow juries to determine age discrimination
B) fire older employees for insubordination
C) institute a minimum age for employees
D) require employees to retire at age 65

Answer 3

D
Explanation: D) The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful to discriminate against employees or applicants who are between 40 years of age or older, which ends most mandatory retirement. The ADEA allows jury trials. Employees of any age can be fired for insubordination.

Question 4

All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________.

A) burden of proof is on the employer
B) employment selection practices must be job related
C) performance standards should be unambiguous
D) discrimination does not have to be overt to be illegal

Question 5

Title VII of the 1964 Civil Rights Act specifically prohibits discrimination based on all of the following characteristics EXCEPT ________.

A) national origin
B) sexual orientation
C) color
D) religion

Question 6

Which of the following does NOT participate in the issuance of uniform guidelines?

A) EEOC
B) Department of Labor
C) Better Business Bureau
D) Civil Service Commission

Question 7

According to the Equal Pay Act of 1963, an employer may pay workers differently for all of the following reasons EXCEPT for ________.

A) production quantity
B) merit systems
C) seniority
D) gender

Question 8

Which amendment to the U.S. Constitution states, "no person shall be deprived of life, liberty, or property, without due process of the law"?

A) First
B) Fifth
C) Tenth
D) Thirteenth

Question 9

If a person is in a protected class, he or she is protected by which of the following?

A) Department of Labor guidelines
B) Sarbanes-Oxley Act
C) Title VII of the Civil Rights Act
D) Consumer Protection Act

Question 10

In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high-school graduates. The case was decided in favor of Griggs because ________.

A) high-school diplomas were not related to job success as a coal handler
B) Duke Power Company intended to discriminate based on race
C) no business necessity existed for Duke Power Company
D) Griggs held a GED

Question 11

Members of the EEOC are appointed by the ________.

A) U.S. Senate
B) U.S. Supreme Court
C) President of the United States
D) Vice-President of the United States

Question 12

The Vocational Rehabilitation Act requires that employers ________.

A) accommodate disabled workers
B) provide training opportunities
C) perform background checks
D) promote female employees

Question 13

Executive Orders 11246 and 11375 apply to which of the following employers?

A) publicly traded firms
B) federal contractors
C) small businesses
D) private employers

Question 14

The ________ requires employers with federal contracts over $2,500 to take affirmative action in employing disabled persons.

A) Equal Pay Act of 1963
B) Vocational Rehabilitation Act
C) Age Discrimination in Employment Act
D) Office of Federal Contract Compliance Programs

Question 15

Rollins and Associates is making an extra effort to promote and hire under-represented, protected individuals. Rollins and Associates is most likely participating in ________.

A) progressive desegregation
B) affirmative action
C) progressive action
D) permitted discrimination

Question 16

Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws?

A) Abington School District v. Schempp
B) Meritor Savings Bank FSB v. Vinson
C) Griggs v. Duke Power Company
D) Faragher v. City of Boca Raton

Question 17

Which legislation makes it unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions?

A) Title VII
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967

Question 18

Steven is a 55-year-old American of Anglo-Saxon descent. What legislation is intended to protect Steven from discrimination?

A) Executive Order 11375
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967

Question 19

The EEOC consists of ________ members, and each member serves a term of ________ years.

A) 5; 3
B) 5; 5
C) 7; 4
D) 7; 6

Question 20

The Pregnancy Discrimination Act treats pregnancy as a(n) ________.

A) disability
B) uncovered disease
C) unspecified condition
D) gender-specific condition

Question 21

Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would best support the plaintiff's argument that Sanders is liable for sexual harassment?

A) The HR department at Sanders has records of the plaintiff's initial complaints.
B) Sanders lacks a management response system for handling sexual harassment complaints.
C) Sanders recently lost a court case filed by former employees claiming disparate treatment.
D) Exit interviews of outgoing Sanders employees include questions about sexual harassment.

Question 22

________ refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion.

A) Disparate treatment
B) Unintentional discrimination
C) Adverse impact
D) Prima facie

Question 23

Which of the following terms refers to the tendency to view members of other social groups less favorably than one's own?

A) stereotyping
B) discrimination
C) tokenism
D) ethnocentrism

Question 24

Which court case provided details regarding how employers could validate the relationship between screening tools and job performance?

A) West Coast Hotel Co. v. Parrish
B) Albemarle Paper Company v. Moody
C) Griggs v. Duke Power Company
D) Burlington Industries v. Ellerth

Question 25

Intentional discrimination is also called ________.

A) disparate impact
B) disparate treatment
C) adverse discrimination
D) mixed motive harassment

Question 26

________ means that an employer engages in an employment practice or policy that has a greater adverse effect on the members of a protected group under Title VII than on other employees, regardless of intent.

A) Disparate impact
B) Sexual discrimination
C) Affirmative action
D) Disparate treatment

Question 27

Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decides to quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley experienced?

A) quid pro quo
B) hostile environment created by supervisors
C) hostile environment created by co-workers
D) none of the above; Shelley is not a victim of sexual harassment

Question 28

Which of the following is NOT considered sexual harassment?

A) unwelcome sexual advances that create an intimidating work environment
B) verbal conduct of a sexual nature which unreasonably interferes with job performance
C) mutually consensual physical conduct of a sexual nature between co-workers
D) requests for sexual favors made implicitly as a condition of employment

Question 29

Judy was up for a promotion at Swensen Consulting when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which of the following would Judy most likely be able to prove in court if she decided to sue Swensen Consulting?

A) quid pro quo
B) disparate treatment
C) hostile environment created by co-workers
D) hostile environment created by non-employees

Question 30

Maria is consulting an attorney about filing sexual harassment charges against her employer. All of the following are ways that Maria can prove sexual harassment EXCEPT by showing that ________.

A) the verbal remarks of a co-worker were sexually flirtatious
B) the rejection of a supervisor's sexual advances led to a demotion
C) a hostile environment was created by a co-worker's sexual conversation
D) a hostile environment was created by a non-employee's sexual advances

Question 31

Sally is known as a big flirt around the office. She often makes sexual innuendos to men at work-both co-workers and her subordinates. What form of sexual harassment is this an example of?

A) hostile environment created by supervisors
B) hostile environment created by co-workers
C) hostile environment created by non-employees
D) This is not sexual harassment.

Question 32

Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related?

A) plaintiff
B) employee
C) employer
D) EEOC

Question 33

Ruben files a lawsuit against his employer for intentional discrimination based on the Civil Rights Act of 1991. Ruben may sue for all of the following EXCEPT ________.

A) punitive damages
B) job reinstatement
C) compensatory damages
D) substantive consolidation

Question 34

What two defenses are available to employers defending themselves against discrimination charges?

A) BFOQ and business necessity
B) EEO and business necessity
C) BFOQ and affirmative action
D) EEO and affirmative action

Question 35

All of the following are useful in minimizing employer liability for sexual harassment EXCEPT ________.

A) adopting a policy that forgives the first offense
B) issuing a policy statement condemning harassment
C) informing all employees about sexual harassment policies
D) developing and implementing a harassment complaint procedure

Question 36

Which Supreme Court decision does NOT apply to cases of sexual harassment?

A) Griggs v. Duke Power Company
B) Meritor Savings v. Vinson
C) Burlington Industries v. Ellerth
D) Farragher v. City of Boca Raton

Question 37

T & N Enterprises wants to minimize sexual harassment claims. All of the following are ways that the firm can minimize its liability in sexual harassment claims EXCEPT by ________.

A) training employees in sexual harassment policies
B) instituting a sexual harassment reporting process
C) investigating sexual harassment charges promptly
D) informing all employees about sexual harassment complaints

Question 38

In which of the following court cases did the plaintiff accuse the defendant of quid pro quo sexual harassment?

A) Burlington Industries v. Ellerth
B) Griggs v. Duke Power Company
C) Farragher v. City of Boca Raton
D) Meritor Savings Bank, FSB v. Vinson

Question 39

________ exists when an employer intentionally treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.

A) Disparate treatment
B) Disparate impact
C) Adverse impact
D) Prima facie

Question 40

According to the guidelines of the ADA, all of the following are examples of reasonable accommodations EXCEPT ________.

A) altering work schedules
B) modifying equipment
C) changing job qualifications
D) widening door openings

Question 41

Which of the following allows an employer to claim that an employment practice is a bona fide occupational qualification for performing the job?

A) 1972 Equal Opportunity Act
B) Vocational Rehabilitation Act of 1973
C) Executive Orders 11246 and 11375
D) Title VII of the 1964 Civil Rights Act

Question 42

Which of the following is most likely NOT a discriminatory recruitment practice?

A) spreading information about job openings through word-of-mouth among a firm's predominantly Hispanic workforce
B) providing misleading information to Asian and Indian job applicants
C) refusing to advise older applicants about work opportunities
D) posting job advertisements only in local newspapers

Question 43

Which of the following would prohibit workplace discrimination based on sexual orientation and gender identity?

A) Employment Non-Discrimination Act
B) Federal Violence Against Women Act
C) Pregnancy Discrimination Act
D) Equal Pay Act

Question 44

The ________ prohibits employers from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment.

A) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) American with Disabilities Act of 1990
D) Disability Discrimination in Employment Act of 1967

Question 45

Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear. The studio is using ________ as a justification for not considering women for the jobs.

A) BFOQ
B) ADEA
C) EEOC
D) BARS

Question 46

The defense of ________ requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable.

A) prima facie
B) mixed motive
C) adverse impact
D) business necessity

Question 47

Which of the following is most likely an example of a discriminatory selection standard?

A) requiring an engineer applicant to meet specific height standards
B) collecting work history information from a managerial applicant
C) requiring a school teacher applicant to have a four-year college degree
D) measuring the computer language skills of a software designer applicant

Question 48

According to studies, which of the following groups experiences the most sexual harassment in the workplace?

A) homosexual men
B) minority men
C) minority women
D) white women

Question 49

Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would most likely undermine the plaintiff's claim that Sanders is liable for the male employee's conduct?

A) The male employee physically threatened the plaintiff on three occasions.
B) The male employee made sexual advances towards the plaintiff on a daily basis.
C) The plaintiff discussed her concerns about the male employee's conduct with female co-workers.
D) The male employee was required by HR to participate in a sexual harassment awareness course.

Question 50

Under the Civil Rights Act of 1991, a discrimination claim must be filed within ________ after the alleged incident took place.

A) 60 days
B) 1 year
C) 300 days
D) 3 years

Question 51

Prior to the ADA Amendments Act, why did employers win the majority of ADA cases?

A) Employers proved that age negatively impacted an employee's job performance.
B) Employees failed to prove that a disability affected both daily living and job performance.
C) Conservative judges were sympathetic towards small-business owners with disabilities.
D) Attorneys failed to draw connections between Title VII and the ADA.

Question 52

According to the Americans with Disabilities Act, which of the following is considered a disability?

A) homosexuality
B) voyeurism
C) compulsive gambling
D) cosmetic disfigurement

Question 53

One of Kara's male co-workers has been making sexually suggestive comments to Kara about her clothing and her appearance, which makes Kara feel uncomfortable at work. What is the first step Kara should take to address the problem?

A) filing a complaint with the local EEOC office
B) consulting an attorney
C) filing a written report with the HR director
D) filing a verbal complaint with the harasser's boss

Question 54

Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. All of the following are most likely relevant questions to address in this court case EXCEPT ________.

A) Does Sanders have a record of employees who claim disparate treatment in the workplace?
B) Did the plaintiff verbally state to her male co-worker that she found his behavior offensive?
C) Did Sanders take reasonable care to prevent sexual harassment in the workplace?
D) Is the male co-worker a U.S. citizen and is Sanders a U.S. entity?

Question 55

The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months. In addition, applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane. A 4-year college degree is also required. Jeff Sanchez, who is Hispanic, applied for a position as a pilot and was rejected because he has a degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western Airlines for discriminatory hiring practices. Which of the following statements is most likely relevant to this court case against Western Airlines?

A) Most pilots at Western Airlines belong to labor unions and are involved in collective bargaining arrangements detrimental to the industry.
B) The Age Discrimination in Employment Act prevents firms, such as Western Airlines, from discriminating when age is a BFOQ.
C) The job requirements for pilots at Western Airlines are a business necessity due to the human risks associated with hiring unqualified applicants.
D) Western Airlines has been in operation for over 20 years and has never been sued for EEO violations.

Question 56

Under the ADA, those who can carry out the essential functions of the job are known as which of the following?

A) protected class members
B) qualified individuals
C) staff authorities
D) plaintiffs

Question 57

Which of the following will be the most likely result of the ADA Amendments Act of 2008?

A) Employees will find it easier to prove that their disabilities are limiting.
B) The number of major life activities considered disabilities will be narrowed.
C) Employers will be required to make fewer accommodations for workers with disabilities.
D) Employers will be required to hire a specific percentage of disabled workers to be in compliance.

Question 58

The greatest number of claims brought under the ADA is related to ________ disabilities.

A) cosmetic
B) physical
C) mental
D) hearing

Question 59

In which of the following jobs would gender most likely be appropriate to use as a BFOQ?

A) actor in a toothpaste commercial
B) teacher at a private, all-girls school
C) prison guard at a federal penitentiary
D) firefighter in a metropolitan fire department

Question 60

The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months. In addition, applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane. A four-year college degree is also required. Jeff Sanchez, who is Hispanic, applied for a position as a pilot and was rejected because he has a degree from a two-year college and only 2,000 hours of flight experience. Jeff is suing Western Airlines for discriminatory hiring practices. Which of the following, if true, best supports Western Airlines' defense?

A) The total number of hours spent flying a commercial airline is a valid predictor of performance for most Western Airlines pilots.
B) Recent experiences with college recruiting have led Western Airlines to increase the percentage of its minority pilots.
C) Job capability as a Western Airlines pilot depends most heavily on age, gender, and previous job experiences.
D) Western Airlines bases its selection tests and hiring practices on industry guidelines for commercial pilots.

Question 61

All of the following are likely to increase employee support to an affirmative action program EXCEPT ________.

A) transparent selection procedures
B) clear communication
C) effective tokenism
D) valid justifications

Question 62

Which of the following is obtained by employers to protect against the costs of discrimination claims?

A) disability insurance
B) workers' compensation insurance
C) employment arbitration insurance
D) employment practices liability insurance

Question 63

Which term refers to taking specific actions toward or against the person based on the person's group?

A) prejudice
B) collegiality
C) discrimination
D) stereotyping

Question 64

Hayworth Hotels employs a small group of women and minorities in high-profile positions, but few women and minorities hold significant positions in other areas of the firm. Which of the following best describes the situation at Hayworth Hotels?

A) ethical hiring practices
B) tokenism
C) diversity management
D) ethnocentrism

Question 65

When addressing EEOC claims, it is recommended that employers ________.

A) provide investigators with access to the records of all employees at the firm
B) avoid providing a position statement because of the potential for misuse
C) meet with the employee who made the complaint to clarify relevant issues
D) avoid conducting a private investigation because of the conflict of interest

Question 66

All of the following are used by firms to measure and manage diversity EXCEPT ________.

A) focus groups
B) ADR programs
C) hiring and retention metrics
D) employee attitude surveys

Question 67

Which of the following is a characteristic of firms with exemplary reputations for managing diversity?

A) female CEOs
B) global workers
C) top management support
D) career development programs

Question 68

In Faragher v. City of Boca Raton the employee accused the employer of condoning a hostile working environment, and the Supreme Court ruled in favor of the employee.

Question 69

According to the U.S. Supreme Court, employers can require employment discrimination plaintiffs to arbitrate their claims when the employer ________.

A) conducts an impartial investigation of the claim
B) provides all employment files to the EEOC
C) adheres to the ethical standards of Sarbanes-Oxley
D) institutes an alternative dispute resolution program

Question 70

After a discrimination charge has been filed, the EEOC has ________ days to serve an employer with notice of the charge.

A) 5
B) 10
C) 30
D) 60

Question 71

According to Executive Order 11246, federal contractors and private firms must take affirmative action to improve employment opportunities for women and racial minorities.

Question 72

Only an aggrieved individual can file job discrimination charges against a business.

Question 73

Which of the following refers to the variety of demographic features that characterize a company's workforce?

A) ethnocentricity
B) competency
C) diversity
D) mobility

Question 74

Which of the following is most likely characteristic of a firm effectively implementing a diversity management program?

A) Female and minority employees have access to international job assignments.
B) Diversity training requirements are only completed by minority and female workers.
C) Voluntary mediation occurs frequently among female and minority workers.
D) Female and minority employees report directly to low-level managers.

Question 75

Reverse discrimination refers to discriminating against ________ applicants and employees.

A) minority
B) underqualified
C) nonminority
D) disabled

Question 76

According to the EEOC, the first step an employer should take in establishing an affirmative action program is to survey current minority and female employees to assess their goals for a program.

Question 77

According to the EEOC process, which of the following is NOT an option for an employer faced with an offer to mediate an employment discrimination charge?

A) file a lawsuit against the EEOC in state court
B) make a settlement offer without mediation
C) prepare a position statement for the EEOC
D) agree to mediate the charge

Question 78

Gender-role stereotyping is best defined as the tendency to ________.

A) associate women with certain jobs
B) appoint women to high-profile positions
C) build a workforce with primarily one gender
D) pay women and men differently for the same job

Question 79

What is the primary goal of managing diversity in an organization?

A) promoting minorities to managerial positions
B) complying with federal and state employment regulations
C) helping employees adapt to individual cultural differences
D) ensuring that the workforce is adequately balanced

Question 80

The Pregnancy Discrimination Act is an amendment to Title VII.