Deck 3: The Legal Environment and Diversity Management

Question 1

The Equal Pay Act is associated with what kind of discrimination?

A)Gender
B)Race
C)Handicapped
D)Age
E)Genetic

Answer 1

A

Question 2

The H in the acronym for the OUCH test stands for what?

A)Helping resolve the problem: working together to find a resolution
B)Holding no grudges: always forgiving the employer for past wrongdoings
C)Heavy-handed approach: forcing another party to accept something
D)Has job relatedness: shows that the action relates to the essential job function
E)None of the above

Answer 2

D

Question 3

The Acme Global Corporation needed to hire 45 new advertising sales agents.The applicant pool consisted of 100 African-American males and 100 white males.Of the 200 applicants, Acme Global hired 20 of the African-American males and 25 of the white males.Is there evidence of disparate impact?

A)Yes, the selection rate of 20 percent is less than 80 percent, so the Four-Fifths Rule is not met
B)Yes, the selection rate of 25 percent is less than 80 percent, so the Four-Fifths Rule is not met
C)No, the selection rate of 25 percent is more than 20 percent, so the Four-Fifths Rule is met
D)No, the selection rate of 20 percent is equal to 80 percent of the 25 percent selection rate, so the Four-Fifths Rule is met
E)None of the above

Answer 3

D

Question 4

Whitney is hiring a courier whose primary job duties will be to deliver messages and materials via bicycle throughout the city.In hiring, Whitney favors an applicant who has information technology skills and can help debug computer problems.Whitney's actions violate the __________ part of the OUCH test.

A)Objective
B)Uniform in Application
C)Consistent in Effect
D)Has Job Relatedness
E)None of the above

Question 5

Two kitchen workers got into an argument about whose turn it was to clean up the work station.The argument escalated into a food fight that cost the restaurant hundreds of dollars in food supplies.The kitchen manager disciplined both workers, giving one a two-day suspension and the other a four-day suspension.The kitchen manager's actions violated the __________ part of the OUCH test.

A)Objective
B)Uniform in Application
C)Consistent in Effect
D)Has Job Relatedness
E)None of the above

Question 6

Spencer gave all his employees low ratings on their performance appraisals.While the employees had met their objectives for the quarter and several had exceeded their sales goals, Spencer felt that everyone could have worked harder than they did.He does not have any evidence that his employees slacked off during the quarter, he just has a feeling that more could have been done.Spencer's performance appraisals violate the __________ part of the OUCH test.

A)Objective
B)Uniform in Application
C)Consistent in Effect
D)Has Job Relatedness
E)None of the above

Question 7

If your OUCH test reveals your employment actions are uniform in application, it means ______________.

A)all of your employees wear uniforms to work
B)you are consistent in applying the same action in all cases of the same type
C)all the employment circumstances end up with the same results
D)everyone's ability is evenly matched in the workplace
E)none of the above

Question 8

Being outside of the Four-Fifths Rule means we ___________ broke the law.

A)never
B)definitely
C)possibly
D)eagerl

Question 9

The U in the acronym for the OUCH test stands for what?

A)Understanding: the knowledge and ability to judge a particular situation or subject
B)Uniform in application: applied the same way to all persons involved
C)Underhanded: done in a secret and dishonest way; intended to deceive or trick someone
D)Ulterior: kept hidden until achievement of a specific result
E)None of the above

Question 10

Which of the following is a true statement about Title VII of the Civil Rights Act of 1964?

A)The act is enforced by the U.S.Department of Labor
B)The act applies to organizations with 15 employees or more
C)The act prohibits employers from discriminating against workers due to their age
D)The act protects employers from employee threats
E)The act banned affirmative action in organizations

Question 11

Eighty white applicants and 40 black applicants applied for a set of job openings in your firm.Assume that you have hired 40 of 80 white applicants.In order to avoid an adverse impact, you should hire a minimum of _____ black applicants.

A)12
B)14
C)16
D)18
E)20

Question 12

The Equal Pay Act of 1963 doesn't allow men and women performing substantially the same job to be paid differently based on:

A)merit.
B)seniority.
C)quantity of production.
D)quality of production.
E)gender.

Question 13

When you look at whether or not the same action is applied to all similar employment situations, you are using the __________ component of the OUCH test.

A)O - objective
B)U - uniform in application
C)C - consistent in effect
D)H - has job relatedness
E)None of the above

Question 14

Joseph is paid $5 an hour less for doing a job that requires an equal level of skill, effort, and responsibility as a job performed by Kassandra.Both Joseph and Kassandra perform under similar working conditions.Joseph's lower pay could be a violation of the ________.

A)Americans with Disabilities Act
B)Executive Order 11246
C)Equal Pay Act
D)Immigration Reform and Control Act
E)Civil Rights Act

Question 15

Which type of discrimination was not established under the Civil Rights Act?

A)Disparate treatment
B)Disparate impact
C)Pattern or practice
D)Involuntary design
E)None of the above

Question 16

The C in the acronym for the OUCH test stands for what?

A)Consistent in Effect: ensuring the result is not significantly different for different groups
B)Contained approach: restrained or calm
C)Capitulating effort: to stop resisting; to accept something you were resisting or opposing
D)Circumvented: to get around something in a clever and sometimes dishonest way
E)None of the above

Question 17

The OUCH test can be used when?

A)When promoting employees
B)Hiring new people
C)Determining raises
D)Disciplining employees
E)All of the above

Question 18

When you assess actions to determine if each employment test is directly related to the primary aspects of the job, you are reviewing the __________ component of the OUCH test.

A)O - objective
B)U - uniform in application
C)C - consistent in effect
D)H - has job relatedness
E)None of the above

Question 19

The Acme Global Corporation needed to hire 30 new advertising sales agents.The applicant pool consisted of 100 African-American males and 100 white males.Of the 200 applicants, Acme Global hired 10 of the African-American males and 20 of the white males.Is there evidence of disparate impact?

A)Yes, the selection rate of 20 percent is less than 80 percent, so the Four-Fifths Rule is not met
B)Yes, the selection rate of 5 percent is less than 16 percent, so the Four-Fifths Rule is not met
C)No, the selection rate of 20 percent is more than 5 percent, so the Four-Fifths Rule is met
D)No, the selection rate of 10 percent is less than 80 percent, so the Four-Fifths Rule is met
E)None of the above

Question 20

There are 100 white male applicants for the job and 60 were selected.There were 20 African-American male applicants for the job and 10 were selected.Is there evidence for disparate impact against African-Americans based on the Four-Fifths Rule?

A)Yes, because the white male hiring rate was above the black male hiring rate.
B)Yes, because the hiring rate of African-American males is more than 80 percent of the white male hiring rate.
C)No, because the black male hiring rate was above the white male hiring rate.
D)Yes, because there were fewer African-American applicants.
E)No, because the hiring rate of African-American males is within 80 percent of white males.

Question 21

The Acme Global Corporation is looking to hire wind turbine engineers.Because of the field work, Acme Global wants to advertise for young and healthy workers who can work to repair giant turbines.If they do so, their advertisement would likely be a violation of the _________.

A)Americans with Disabilities Act
B)Rehabilitation Act
C)Age Discrimination in Employment Act
D)Title VII of the Civil Rights Act
E)None of the above

Question 22

Which type of discrimination is generally considered unintentional?

A)Disparate impact
B)BFOQ discrimination
C)Disparate treatment
D)Pattern discrimination
E)Practice discrimination

Question 23

Which of the following is most likely a BFOQ?

A)Need men to sell construction equipment in the tristate area
B)Need evening shift food servers.Prefer recent high school graduates
C)Need three men for a Western cowboy photo shoot
D)Need good-looking teenagers as clerks in a clothing store to provide a hip image
E)Need women for quilt store instructors

Question 24

Which of the following is a law associated with veterans of the Vietnam War?

A)VIET
B)VEVRAA
C)LLFPA
D)USERRA
E)IRCA

Question 25

A bona fide occupational qualification must be:

A)a standard practice within an industry or community.
B)absolutely required for the job.
C)federal court-approved.
D)a preferred customer or community characteristic for the job.
E)related to the company's supplier/customer partnerships.

Question 26

A Methodist church sought to hire a pastor for its new church.When a member of the Catholic faith applied for the job, the church rejected the application.The church's defense was that being Methodist was _______.

A)disparate treatment
B)disparate impact
C)affirmative action
D)a bona fide occupational qualification
E)None of the above

Question 27

The Vietnam Era Veterans Readjusment Assistance Act of 1974 only applies to ___________________.

A)retail stores
B)county governments
C)nonprofits
D)federal contractors
E)None of the above

Question 28

The business necessity argument ___________________ in a disparate impact case.

A)cannot be used as a legal defense
B)can be used as a legal defense
C)is the key to winning
D)cannot legally be used
E)none of the above

Question 29

The business necessity argument ___________________ in a disparate treatment case.

A)cannot be used as a legal defense
B)can be used as a legal defense
C)is the key to winning
D)cannot be used at all
E)None of the above

Question 30

If the complaining party argues that the employer intentionally discriminated against an employee or applicant, the complaining party is trying to prove ____________.

A)disparate treatment
B)disparate impact
C)pattern or practice
D)indignant attitudes
E)None of the above

Question 31

Ryan allowed a male employee paid time off work to contest a speeding ticket in court.When a female employee asked for similar time off to contest her ticket, Ryan refused.He said there was no point in allowing a woman to contest a driving ticket.Ryan's actions likely constitute _______.

A)disparate treatment
B)disparate impact
C)constructive discharge
D)affirmative action
E)None of the above

Question 32

When hiring clerks for the mail room, the Acme Global Corporation required applicants to take a sorting ability test.The test screened out many more Caucasian job candidates than it did African-American job candidates.The test appears to cause ___________.

A)disparate treatment
B)divergent impact
C)disparate impact
D)illegal discrimination
E)None of the above

Question 33

The bona fide occupational qualification (BFOQ) argument is ____________.

A)always legally defensible
B)sometimes legally defensible
C)never legally defensible
D)only legally defensible in four U.S.states
E)None of the above

Question 34

Which of the following is the best example of disparate impact?

A)A Hispanic applicant is told he will not be hired because the company does not hire Hispanics
B)A black employee is fired for testifying in a criminal case against an employer
C)White applicants with high test scores are rejected due to an affirmative action plan
D)Black applicants are disproportionately rejected compared to other applicants based on a paper-and-pencil test
E)The ratio of white and black employees is roughly equal to their relevant populations in the local community

Question 35

______ exists when a particular practice is necessary for the safe and efficient operation of the business, and there is a specific business purpose for applying a particular standard that may, in fact, be discriminatory.

A)BFOQ
B)Job relatedness
C)Necessary allowance
D)Required exception
E)Business necessity

Question 36

Disparate treatment might be legal if it:

A)results in increased productivity.
B)is for a bona fide occupational qualification.
C)occurs in a nonprofit company.
D)is determined to be valid by a private employer.
E)reduces the potential for reverse discrimination.

Question 37

Which of the following terms best describes a situation where an unintentional exclusion of members of a protected class of employees occurs in the workplace?

A)Disparate impact
B)Disparate treatment
C)Reasonable accommodation
D)Retaliation
E)Gender discrimination

Question 38

_______ occurs when an officially neutral employment practice disproportionally excludes the members of a protected group.It is generally considered unintentional.

A)Disparate impact
B)Disparate treatment
C)Invasive vesting
D)Logical difference
E)Situational involvement

Question 39

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees aged _______ and older.

A)21
B)39
C)40
D)41
E)65

Question 40

Only the ______________ can bring a federal suit alleging a pattern or practice of discrimination.

A)governor of your state
B)OFCCP
C)attorney general
D)police
E)None of the above

Question 41

Which of the following is a fundamental duty of a position defined by the ADA?

A)Functional obligation
B)Mandatory task
C)Required activity
D)Essential job function
E)Requisite task

Question 42

______ are monetary damages awarded by the court that are designed to punish the injuring party when they intentionally inflicted harm on others.

A)Inflictory judgment
B)Viscous circumstances
C)High-level term
D)Compensatory damages
E)Punitive damages

Question 43

What is the term for damages designed to reprimand the employer when they intentionally inflicted harm on employees or applicants?

A)Punitive
B)Compensatory
C)Deliberate
D)Perfunctory
E)None of the above

Question 44

When the Civil Rights Act was amended in 1991, quotas:

A)were established
B)were eliminated
C)were invented
D)changed in statistical relevance
E)None of the above

Question 45

Maxwell filed a sexual harassment complaint against his supervisor.Afterward, Maxwell's schedule was changed to the most undesirable shift and his work was constantly criticized.It is likely that Maxwell experienced _______ for alleging sexual harassment.

A)disparate impact
B)constructive discharge
C)pattern or practice discrimination
D)retaliation
E)undue hardship

Question 46

Gary feels that he was sexually harassed by his boss on an offshore oil rig.He would generally have to file a complaint with the EEOC within _____ days of the incident, or he would not be able to file it at all.

A)60
B)90
C)120
D)180
E)365

Question 47

When the Civil Rights Act was amended in 1991, one major change included:

A)removing compensatory and punitive damages
B)adding compensatory and punitive damages
C)lowering thresholds
D)changing legally defensible arguments
E)None of the above

Question 48

Sarah filed a sexual harassment complaint against her supervisor.Afterward, she noticed that managers were treating her differently and putting increased pressure on her.Eventually, the situation became intolerable for Sarah and she voluntarily resigned from the organization.It is likely that Sarah experienced __________ for alleging sexual harassment.

A)disparate impact
B)constructive discharge
C)quid pro quo sexual harassment
D)undue hardship
E)harassment

Question 49

The __________ protects military members when they are called away from their civilian job to perform military service.

A)USERRA
B)ADA
C)EPA
D)Affirmative Action
E)CRA

Question 50

Bill, a Hispanic, gets 55 points on an exam and gets promoted based on the results of the exam while Sam, a white male in the same company, gets 62 points on the same exam and does not get promoted.What illegal activity might have occurred?

A)Reasonable accommodation
B)Race-norming
C)Undue hardship
D)Disparate impact
E)Top-hat management

Question 51

_____ are the fundamental duties of the position.

A)Requirements
B)Specifications
C)Marginal functions
D)Essential functions
E)Deliberations

Question 52

Which group is USERRA associated with?

A)Immigrants
B)Military members
C)Gays and lesbians
D)Executives
E)Disabled individuals

Question 53

What law amended the Civil Rights Act of 1964 to extend the period of time in which an employee is allowed to file a lawsuit over pay discrimination?

A)Civil Rights Act of 1991
B)Lily Ledbetter Fair Pay Act of 2009
C)ADA
D)Genetic Information Nondiscrimination Act of 2008
E)Pregnancy Discrimination Act of 1978

Question 54

One of the most significant changes in EEO law under the Civil Rights Act of 1991 is:

A)nonprofits and government institutions became covered entities
B)inclusion of Asians and Hispanics as protected groups
C)the addition of compensatory and punitive damage awards
D)limiting damage awards to "actual damages"
E)inclusion of coverage for special conditions such as substance abuse

Question 55

The Americans with Disabilities Act would generally protect someone who:

A)is obese.
B)is severely disfigured.
C)smokes marijuana.
D)has freckles.
E)is left-handed.

Question 56

______ is a situation where the organization takes an adverse employment action against an employee because the employee brought discrimination charges against the organization or supported someone who brought discrimination charges against the company.

A)Discrimination
B)Turnover
C)Participation
D)Transparency
E)Retaliation

Question 57

Under the ADA, an employee is disabled if the employee:

A)has a disability.
B)has a record (or history) of a disability.
C)is regarded as a person with a disability.
D)All of the choices are correct
E)None of the above

Question 58

Rebecca has diabetes and is considered disabled under the Americans with Disabilities Act.Her boss allows her to take breaks to eat, to take her medication, and to test her blood sugar levels.These actions by her employer are _________.

A)illegal discrimination
B)compensatory damages
C)reasonable accommodations
D)bona fide occupational qualifications
E)None of the above

Question 59

The ADA requires the employer to make _________ for employees with disabilities.

A)reasonable accommodations
B)justifications
C)excuses
D)medical evaluations
E)none of the above

Question 60

Catherine is a member of the National Guard.Her unit is being deployed to Afghanistan for six months.Her boss let her know that the company cannot hold her job for her while she is gone.She will be replaced as soon as she deploys and will have to find a new job at a different company when she returns.The actions of her boss are a violation of the _______.

A)Rehabilitation Act
B)Uniformed Services Employment and Reemployment Rights Act
C)Lilly Ledbetter Fair Pay Act
D)Immigration and Nationality Act
E)Civil Rights Act

Question 61

The OUCH test can only be applied to hiring principles and no other area of HRM.

Question 62

Which one of the following would require virtually all organizations with federal contracts to have an affirmative action plan?

A)Title VII of CRA
B)Executive Order 11246
C)Civil Rights Act of 1991
D)Thirteenth Amendment to the Constitution
E)Rehabilitation Act of 1973

Question 63

The OUCH test is not perfect and should only be used as a guide for HR practices.

Question 64

If we are outside the Four-Fifths Rule, we have automatically broken the law.

Question 65

The OUCH test meets all requirements for a legal test.

Question 66

Yelena stops by Amanda's desk to talk about an assignment.When Amanda turns to show Yelena something on the computer, Yelena begins to rub Amanda's shoulders.Amanda has told Yelena several times that this makes her feel uncomfortable and unable to concentrate on her work.Yelena's behavior is likely _________.

A)quid pro quo sexual harassment
B)hostile environment sexual harassment
C)not a problem, Amanda needs to lighten up
D)disparate impact
E)None of the above

Question 67

Discrimination against members of a majority group is association with what type of discrimination?

A)Destructive
B)Retaliatory
C)Reverse
D)Opportunistic
E)Selective

Question 68

Taylie, Ryan, and Paige are working together on a team.Each member is from a different culture and brings a different perspective on the work to the task.However, the group struggles with conflict to the point that creativity is stifled and the team's work becomes very difficult to accomplish.The team is experiencing _________.

A)illegal discrimination
B)divergent thinking
C)dysfunctional conflict
D)compensatory damages
E)None of the above

Question 69

The Acme Global Corporation was ordered by a court to correct past discrimination within the organization.What the Acme Global Corporation is required implement as a result is a(n) __________ plan

A)diversity
B)affirmative action
C)equal employment opportunity
D)reasonable accommodation
E)discrimination

Question 70

The Acme Global Corporation plans to create new policies designed to better serve a more diverse customer base.What the Acme Global Corporation has in mind is a(n) ________ plan.

A)diversity
B)affirmative action
C)divergent thinking
D)functional conflict
E)anti-discrimination

Question 71

Angie was threatened by her supervisor with a negative outcome for failure to submit to a sexual relationship.This is referred to as:

A)disparate treatment
B)disparate impact
C)hostile work environment
D)undue hardship
E)quid pro quo harassment

Question 72

Allison told Neal, her assistant, that if he wanted her to recommend him for a promotion, he would need to accompany her to a conference and share a hotel room with her.This behavior is _______.

A)quid pro quo sexual harassment
B)hostile environment sexual harassment
C)constructive discharge
D)dysfunctional conflict
E)None of the above

Question 73

Under what act is sexual harassment covered?

A)Pregnancy Discrimination Act
B)Americans With Disabilities Act
C)Civil Rights Act of 1964
D)The Fourteenth Amendment
E)Rehabilitation Act

Question 74

The "consistent in effect" component of the OUCH test is difficult to assess.

Question 75

A female employee, over the objections of her colleagues, continues to display a Playgirl centerfold in her office.This could lead to a charge of:

A)disparate treatment.
B)disparate impact.
C)reverse discrimination.
D)sexual harassment.
E)undue hardship.

Question 76

What type of organization would be affected by Executive Order 11246?

A)Federal contractors receiving more than $10,000 per year
B)State contractors receiving more than $50,000 per year
C)Private employers with 15 or more employees
D)City government with 50 or more employees
E)Nonprofit employers with 15 or more employees

Question 77

Which of the following terms refers to an organization's intentional preference to hire or promote people in a particular protected group?

A)Affirmative action
B)Disparate treatment
C)Reasonable accommodation
D)Discrimination
E)Grievance procedure

Question 78

Objective decisions are based on fact, cognitive knowledge, or quantifiable evidence.

Question 79

Which law covers religious discrimination?

A)Pregnancy Discrimination Act
B)Americans With Disabilities Act
C)Civil Rights Act of 1964
D)The Fourteenth Amendment
E)Religious Discrimination Act

Question 80

What is a basic ability to think in unique and different ways and apply those thought processes to existing problems?

A)Thoughtfulness
B)Barnstorming
C)Overtness
D)Creativity
E)Logic