Deck 3: Providing Equal Employment Opportunity and a Safe Workplace

Question 1

Organizations that are government contractors or subcontractors must file an Employer Information Report with the EEOC every year.

Answer 1

True
Explanation: The OSH act grants specific rights; for example, employees have the right to be promptly informed about exposure to hazards and be given access to accurate records regarding exposure.

Question 2

The Civil Rights Act of 1991 was partly designed to overturn Supreme Court decisions.

Answer 2

True
Explanation: The Office of Federal Contract Compliance Procedures is the agency responsible for enforcing the executive orders that cover companies doing business with the federal government.Each year, the OFCCP audits government contractors to ensure they are actively pursuing the goals in their plans.

Question 3

The general-duty clause states that it is each employer's duty to furnish a place of employment free from recognized hazards.

Answer 3

True
Explanation: The Thirteenth Amendment abolished slavery in the United States. It has been applied in cases where discrimination involved the "badges" (symbols) and "incidents" of slavery.

Question 4

If an attempt at a settlement fails,the EEOC may issue a "right to sue" letter to the alleged victim.

Question 5

The practice of valuing diversity views a heterogeneous workforce as a liability because of the differences in perspectives and practices.

Question 6

According to the OSH Act,employers have the right to withhold an employee's access to records regarding exposure.

Question 7

The Fourteenth Amendment abolished slavery in the United States.

Question 8

An employer's refusal to hire a pregnant woman is acceptable by law.

Question 9

Title VII of the Civil Rights Act of 1964 applies to all organizations irrespective of its size or number of employees.

Question 10

The Equal Pay Act of 1963 allows pay differences between men and women performing the same job if the difference arises from any factor other than sex.

Question 11

Disparate treatment on the basis of sex is illegal even if it is a bona fide occupational qualification.

Question 12

The Americans with Disabilities Act covers people with problems arising from substance abuse.

Question 13

Executive Order 11478 requires the federal government to base all its employment policies on national origin.

Question 14

A manager who promises a raise to an employee who will participate in sexual activities is said to be engaging in quid pro quo harassment.

Question 15

A person fired by a private employer can sue under the Fourteenth amendment on charges of racial discrimination.

Question 16

If an individual's behavior in the workplace creates an environment in which it is difficult for someone of a particular sex to work,it cannot be regarded as sexual harassment.

Question 17

A plaintiff must show the employer's intent to prove disparate impact in court.

Question 18

An employer who investigates the conviction records of minority applicants,but does not do so for majority applicants,can be sued on the basis of disparate treatment.

Question 19

The legislative branch of the U.S.government is responsible for enforcing the laws passed by Congress.

Question 20

The Office of Federal Contract Compliance Procedures is the agency responsible for enforcing the executive orders that cover companies doing business with the federal government.

Question 21

Occupational Safety and Health Act directly regulates employee behavior in work places to ensure safety.

Question 22

Which of the following legal measure requires all federal contractors and subcontractors to engage in affirmative-action programs designed to hire and promote women and minorities?

A) Twenty-Second Amendment to the Constitution
B) Executive Order 11246
C) Occupational Safety and Health Act
D) Thirteenth Amendment to the Constitution
E) Rehabilitation Act of 1973

Question 23

Susan Clarks,a white female applicant,is refused a job at a state university in favor of a less-qualified minority applicant.She considers suing the state university on charges of reverse discrimination against her,under _____.

A) the Thirteenth Amendment
B) the Fourteenth Amendment
C) the Twenty-Second Amendment
D) the Civil Rights Act of 1866
E) Title VII of CRA of 1964

Question 24

Office workers who encounter a chemical infrequently are covered by the requirements of OSHA's general duty clause.

Question 25

Alyona Carolls thinks that her company is discriminating against a particular group of employees by denying them seniority or promotions.She expresses her concern to a senior HR manager.This method of expressing concern about an instance of illegal employment through proper channels is known as _____.

A) opposition
B) retaliation
C) participation in a proceeding
D) discrimination
E) affirmative action

Question 26

The _____ is primarily responsible for enforcing the laws passed by Congress.

A) U.S. House of Representatives
B) U.S. Senate
C) executive branch of the government
D) legislative branch of the government
E) U.S. Cabinet

Question 27

If an OSHA violation results in citations,the employer must post each citation in a prominent place near the location of the violation.

Question 28

The_____ granted all persons the same property rights as white citizens,as well as the right to enter into and enforce contracts.

A) Thirteenth Amendment
B) Fourteenth Amendment
C) Civil Rights Act of 1866
D) Title VII of CRA
E) Executive Order 11246

Question 29

Under the job hazard analysis technique,if a single job element has high hazard potential,the entire job is laid off.

Question 30

Cultural differences are insignificant while promoting safety internationally.

Question 31

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

A) The act permits employers to hire job applicants belonging exclusively to a particular nationality.
B) The act applies to organizations with 15 or more employees.
C) The act permits employers to retaliate against employees participating in a proceeding against the employer.
D) The act protects employers from an employee's opposition to an alleged illegal employment practice.
E) The act permits employers to hire an individual based on his gender and race in the absence of a BFOQ.

Question 32

Age Discrimination in Employment Act (ADEA)protects only those workers who are over the age of _____.

A) thirty
B) twenty five
C) twenty
D) forty
E) thirty five

Question 33

Which of the following categories is NOT covered by Title VII of the Civil Rights Act of 1964?

A) Age discrimination
B) Racial discrimination
C) Religious discrimination
D) Gender discrimination
E) Discrimination on the basis of nationality

Question 34

_____ are directives issued solely by the President,without requiring congressional approval.

A) Constitutional amendments
B) Judicial reviews
C) Charters
D) Executive orders
E) Statutes

Question 35

Which of the following statements is true about Civil Rights Act of 1866 and 1871?

A) They denied plaintiffs any form of compensatory and punitive damages.
B) They restricted the rights of entering into and enforcing contracts to white citizens only.
C) They denied individuals the right to sue in federal court.
D) They excluded other individuals from having the same property rights as white citizens.
E) They were passed to further the Thirteenth Amendment's goal of abolishing slavery.

Question 36

Which of the following is true about Age Discrimination in Employment Act (ADEA)?

A) ADEA favors the idea of coercing employees to accept early-retirement incentives.
B) ADEA permits an employer to reduce the fringe benefits to all employees over 40.
C) ADEA permits companies to lay off older workers when the economy is slow.
D) ADEA outlaws making employment decisions based on a person's age being over 40.
E) ADEA recommends early-retirement incentive programs wherein employees agree not to sue the company for ageism.

Question 37

Which of the following amendments to the constitution abolished slavery?

A) Third Amendment
B) Fourth Amendment
C) Thirteenth Amendment
D) Fourteenth Amendment
E) Tenth Amendment

Question 38

According to the Equal Pay Act of 1963,men and women performing the same job cannot have differences in pay on the basis of _____.

A) merit
B) seniority
C) education
D) quality of production
E) sex

Question 39

Which of the following is enforced by the Equal Employment Opportunity Commission?

A) Thirteenth Amendment
B) Rehabilitation Act of 1973
C) Fourteenth Amendment
D) Executive Order 11246
E) Americans with Disabilities Act of 1990

Question 40

Which of the following can be categorized as an act of participation in a proceeding?

A) Removing a whistleblower from employment
B) Implementing affirmative action measures
C) Expressing dissatisfaction over employment casually
D) Retaliating against a whistleblower
E) Testifying in an investigation

Question 41

_____ is the set of guidelines issued by the EEOC and other agencies to identify how an organization should establish a recruitment process that is free and fair.

A) Uniform Commercial Code
B) Equal Opportunity Legislation and Policy
C) Code of Federal Regulations
D) Uniform Guidelines on Employee Selection Procedures
E) EEO-1 Report

Question 42

Which of the following is true about the Civil Rights Act of 1991?

A) It limits damage claims to attorney's fees and costs.
B) It requires violators to pay punitive damages that specifically cover emotional pain and suffering.
C) It prohibits violators from paying compensatory damages.
D) It limits the maximum punitive damages allowed, depending on the size of the organization.
E) It limits the maximum punitive damages to $50,000 for all organizations even if the discrimination was intentional.

Question 43

Which of the following legislations requires the federal government to base all its employment policies on merit and fitness?

A) The Thirteenth Amendment to the Constitution
B) Executive Order 11478
C) Civil Rights Act of 1866
D) Civil Rights Act of 1871
E) Rehabilitation Act of 1973

Question 44

Which of the following individuals will NOT be covered under the Americans with Disabilities Act?

A) An individual with a history of heart disease
B) An individual with a history of mental illness
C) An individual with cancer in remission
D) An individual who is deaf and blind
E) An individual who is subject to substance abuse

Question 45

Cellant Solar Energy,Inc.is a company that produces solar panels for domestic use.It has 800 permanent employees working in different departments.Suppose Cellant gets involved in a case of intentional employee discrimination,what will be the maximum punitive damage that it will have to pay under the Civil Rights Act of 1991?

A) $50,000
B) $100,000
C) $200,000
D) $250,000
E) $300,000

Question 46

_____ refers to an agreement between the EEOC and an organization that the organization will cease certain discriminatory practices and possibly institute additional affirmative-action practices to rectify its history of discrimination.

A) Trust agreement
B) Good faith bargaining
C) Consent decree
D) Letter of indemnity
E) Judicial estoppel

Question 47

An individual wishing to file a complaint with the EEOC or a similar state agency must file the complaint within _____ days of the incident.

A) 30
B) 14
C) 360
D) 7
E) 180

Question 48

Jennifer Carter,a marketing executive in her late thirties,had been working at a reputed marketing firm for the past three years.However,she was fired from the company without any prior notice when she collapsed at work with an epileptic attack.Following this,Jennifer sued the company under the _____.

A) Executive Order 11246
B) Rehabilitation Act of 1973
C) Americans with Disabilities Act
D) Occupational Safety and Health Act
E) Executive Order 11478

Question 49

Vocational Rehabilitation Act of 1973 was introduced to enhance employment opportunity for _____.

A) women
B) minors
C) older employees
D) individuals with disabilities
E) minorities

Question 50

Lucas Johnson,an employee with the U.S.postal services was deployed to Afghanistan,to serve in the U.S.army for two years.After the completion of his military duties,he reassumed work at the post office.He was reemployed at a higher status and provided a higher compensation package.Which of the following legislations was used to help Lucas return to reemployment on such favorable terms?

A) GINA
B) USERRA
C) ADA
D) ADEA
E) OSH Act

Question 51

Under Uniformed Services Employment and Reemployment Rights Act of 1994,employers must reemploy workers who left jobs to fulfill military duties for up to _____ years.

A) five
B) eight
C) eleven
D) seven
E) ten

Question 52

_____ refer(s)to a plan identifying the ways in which for how the organization will meet its diversity goals.

A) Action steps
B) Utilization analysis
C) Diversification
D) Affirmative action
E) Disparate impact

Question 53

Which of the following statements reflects a violation of Age Discrimination in Employment Act?

A) Older employees are permitted to work even after attaining the retirement age.
B) Employees over the age of 40 are asked to retire as a part of a company's downsizing program.
C) An employee is denied employment because of the fact that he is a minor.
D) Older workers in an organization are compensated higher than the younger workers.
E) An employee avails voluntary retirement before attaining the retirement age.

Question 54

Which of the following terms refer to an organization's active effort to find opportunities to hire or promote people in a particular group?

A) Affirmative action
B) Disparate impact
C) Reasonable accommodation
D) Reverse discrimination
E) Adverse impact

Question 55

Which of the following is true about the Americans with Disabilities Act?

A) It permits the employer to cut down on fringe benefits of individuals with disabilities.
B) It permits discrimination in areas such as layoff and leave.
C) It goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the legislation.
D) It classifies a person, who needs ordinary eyeglasses or contact lenses to perform each major life activity with little or no difficulty, as disabled.
E) It is used to protect individuals with conditions such as obesity and substance abuse.

Question 56

Which of the following refers to a comparison of the race,sex,and ethnic composition of the employer's workforce with that of the available labor supply?

A) Content analysis
B) Job analysis
C) SWOT analysis
D) Utilization analysis
E) Applied behavior analysis

Question 57

An employee leaves an organization for three years to fulfill military duties.Which of the following observations is true of the employer's obligation to reemploy the worker under the Uniformed Services Employment and Reemployment Rights Act?

A) The employer is not obligated to reemploy the worker.
B) The employer must reemploy the worker with the same seniority and status.
C) The employer must reemploy the worker but is exempted from providing him any fringe benefits or retirement benefits.
D) The employer should implement an early-retirement incentive program for the employee.
E) The employer must reemploy the employee with a lower pay scale to compensate for the loss of his absence.

Question 58

Americans with Disabilities Act protects individuals who are _____.

A) obese
B) severely disfigured
C) subject to substance abuse
D) left-handed
E) suffering from vision problems like myopia

Question 59

After filing a discrimination complaint with the EEOC or other governmental agency,how long does an individual have to wait to sue in federal court?

A) 30 days
B) 60 days
C) 10 days
D) 20 days
E) 40 days

Question 60

Which of the following bodies is responsible for enforcing the executive orders that cover companies doing business with the federal government?

A) Occupational Safety and Health Administration
B) National Institute for Occupational Safety and Health
C) Office of Federal Contract Compliance Procedures
D) Equal Employment Opportunity Commission
E) Federal Department of Employment and Workplace Relations

Question 61

Differing conduct toward individuals,where the differences are clearly based on the individuals' race,color,religion,sex,national origin,age,or disability status is termed as _____.

A) disparate impact
B) affirmative action
C) disparate treatment
D) reasonable accommodation
E) reverse discrimination

Question 62

Which of the following actions of employers can result in reverse discrimination?

A) Affirmative action
B) Reasonable accommodation
C) Disparate treatment
D) Retaliation
E) Disparate impact

Question 63

A vehicle manufacturing company decides to hire 35 employees for its new servicing branch located in Texas.A total of 90 eligible applicants apply for the job of which 50 are Americans and 40 are African-Americans.Assuming that the company decides to hire 25 Americans and 10 African-Americans,what can be inferred using the four-fifths rule?

A) 0.5<0.8, this indicates that there is no evidence of discrimination.
B) 2>0.8, this indicates that there is evidence of discrimination.
C) The hiring rate for African-Americans is equal to four-fifth the hiring rate of Americans; hence there is no evidence of discrimination.
D) 0.5<0.8, this indicates that there is evidence of discrimination.
E) 2>0.8, this indicates that there is no evidence of discrimination.

Question 64

When an individual is promised a positive outcome for submission to sex,or threatened with a negative outcome for failure to submit to sex,this is referred to as _____.

A) adverse impact
B) disparate impact
C) reverse discrimination
D) undue hardship
E) quid pro quo harassment

Question 65

Which of the following is NOT regarded as reasonable accommodation?

A) A firm modifies its examinations and selection procedures to enable applicants of the minority community to fare better.
B) A software firm changes its work schedule to accommodate employees of certain religious faiths.
C) An employee is granted leave on a certain date to perform religious activities.
D) A medium-sized firm changes a job assignment so that an employee with disability can work with ease.
E) A small firm changes the design and structure of the building to allow access to wheelchairs.

Question 66

Identify the type of case where most of the debate focuses on discriminatory consequences and the plaintiff need not prove the employer's intent to discriminate.

A) Disparate impact
B) Disparate treatment
C) Reasonable accommodation
D) Affirmative action
E) Corrective action

Question 67

In which of the following instances is disparate treatment considered legal?

A) In a particular retail outlet, male workers are employed to handle the sales.
B) In an electrical company, male workers are exclusively employed to work as electricians.
C) In a vehicle manufacturing company, male workers are exclusively employed in all departments.
D) In a certain shopping mall, female workers are exclusively employed to clean the ladies restroom.
E) In a particular hospital, only female nurses are appointed.

Question 68

_____ refers to a condition in which employment practices are seemingly neutral yet disproportionately exclude a protected group from employment opportunities.

A) Disparate impact
B) Disparate treatment
C) Corrective action
D) Affirmative action
E) Reasonable accommodation

Question 69

Which of the following is true about avoiding discrimination?

A) A bona fide occupational qualification is a merely preferred qualification for performing a job.
B) Proving disparate impact in court requires showing the employer's intent.
C) Proving disparate treatment in court does not require the plaintiff showing the employer's intent.
D) Reasonable accommodation is provided subject to the condition of undue hardship.
E) If the four-fifths rule is satisfied, substantial evidence of discrimination exists.

Question 70

Which of the following refers to an employer's obligation to do something to enable an otherwise qualified person to perform a job?

A) Reverse discrimination
B) Reasonable accommodation
C) Disparate impact
D) Adverse action
E) Reverse discrimination

Question 71

Which of the following statements is true of reasonable accommodation?

A) Reasonable accommodation is the same as reverse discrimination.
B) Reasonable accommodation exclusively compensates for poor educational background that hampers the progress of employees.
C) Reasonable accommodation is typically provided in situations involving individuals with disabilities or different religious needs.
D) Reasonable accommodation is provided on a homogeneous basis without the provisions being tailored to the individual needs of employees.
E) Reasonable accommodation is provided by the organization even if the requisite changes create undue hardship on the organization.

Question 72

Which of the following is true of quid pro quo harassment?

A) It involves mocking an individual's sexual orientation.
B) It refers to an individual gaining benefit in return for a sexual favor.
C) It involves making hiring decisions based on the gender of the applicant.
D) It involves harassment against people based exclusively on the factor of age.
E) It provides preferential treatment for the minority gender at the workplace.

Question 73

Disparate treatment could be legal if the discrimination _____.

A) is practiced to increase efficiency
B) is performed by a governmental organization
C) is performed by a private employer
D) is intended to reduce affirmative action
E) is categorized as a bona fide occupational qualification

Question 74

Which one of the following cases would most likely be filed under the theory of disparate impact?

A) Majority of the applicants with high test scores are rejected due to an affirmative action plan.
B) A majority applicant is rejected on the grounds that the company only hires individuals from the minority group.
C) Minority applicants are being disproportionately rejected relative to majority applicants by a paper-and-pencil test.
D) A minority employee is fired for testifying in a discrimination suit filed against an employer.
E) At a particular organization, employees belonging to the minority group are given more privileges and benefits compared to employees belonging to the majority group.

Question 75

Which of the following is the most comprehensive U.S.law regarding worker safety?

A) Thirteenth amendment
B) Fourteenth amendment
C) OSH Act
D) Rehabilitation Act of 1973
E) Civil Rights Act of 1991

Question 76

Nathan Williams,a blind man in his early twenties,was recently appointed as a radio jockey at the local radio station in Florida.He was given permission by his manager to bring his guide dog to work.In this instance,Nathan's employer makes a _____.

A) disparate impact
B) disparate treatment
C) reverse discrimination
D) reasonable accommodation
E) undue hardship

Question 77

A bona fide occupational qualification _____.

A) is considered illegal by the court
B) is a necessary qualification for the job
C) is strictly prohibited by organizations
D) is a preferred qualification for the job
E) is used to deem disparate treatment illegal

Question 78

A male employee,over the objections of his female colleagues,continues to display a highly suggestive calendar containing indecent pictures within his office.This is an example of _____.

A) corrective action
B) affirmative action
C) reverse discrimination
D) sexual harassment
E) undue hardship

Question 79

Sexual harassment refers to _____.

A) unwelcome sexual advances
B) discrimination based on gender
C) preferential treatment for a particular sex
D) undue benefits provided to males
E) reasonable accommodation based on gender

Question 80

The ratio of the hiring rate of a minority group to the hiring rate of a majority group is given below.Which of these ratios provide evidence for discrimination?

A) 1.0
B) 0.8
C) 1.5
D) 2.0
E) 0.9