Deck 3: Employment Laws

Question 1

The Family and Medical Leave Act permits employees in organizations of 50 or more workers to take up to 12 weeks of unpaid leave for family or medical reasons.

Answer 1

True

Question 2

Two government agencies primarily responsible for enforcing equal employment opportunity laws are the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.

Answer 2

True

Question 3

Adverse impact is a consequence of an employment practice that results in a greater rejection rate for the majority group than for a minority group.

Answer 3

False

Question 4

Comparable worth means that equal pay is provided for equal work, regardless of gender or ethnicity.

Question 5

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
The most prominent piece of legislation regarding HRM. It states the illegality of discriminating against individuals based on race, religion, color, sex, or national origin.

Question 6

Although the Civil Rights Act does not include sexual orientation as one of the protected classes, nearly all the states, plus over 800 cities and counties, protect employees from discrimination based on sexual orientation in the workplace.

Question 7

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Offensive and unreasonable situations in the workplace that interfere with the ability to work.

Question 8

Employment discrimination may stem from a decision based on factors other than those relevant to the job.

Question 9

Under the Age Discrimination in Employment Act of 1967, protection for employees from discrimination begins after 55 years of age.

Question 10

If protected group members are more often evaluated poorly than non-protected group members, adverse treatment may have occurred.

Question 11

An airline that does not hire female pilots can defend against discriminatory charges through the use of a bona fide occupational qualification (BFOQ).

Question 12

A claim made by African American males that minority candidates are given preferential treatment in employment is called reverse discrimination.

Question 13

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
A consequence of an employment practice that results in a greater rejection rate for a minority group than it does for the majority group in an occupation.

Question 14

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Some type of sexual behavior is expected as a condition of employment.

Question 15

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
An employment situation where protected group members receive less positive treatment than other employees in matters such as performance evaluations and promotions.

Question 16

Title VII prohibits discrimination in hiring, promotion, dismissal, benefits, compensation, or any other terms, conditions, or privileges of employment based on race, religion, color, gender, or national origin.

Question 17

Sexual harassment is a serious issue for both men and women in both public- and private-sector organizations. Nearly 12,000 complaints are filed with the EEOC each year; 16 percent of these are filed by male.

Question 18

Interestingly, Equal Employment Laws in China resemble those in the U.S. today.

Question 19

In the case of Albemarle Paper Company v. Moody, the Supreme Court ruled that job-related tests are permissible for screening applicants.

Question 20

The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits employers from discriminating or retaliating against a job applicant or employee based on prior military service.

Question 21

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Job requirements that are "reasonably necessary to meet the normal operations of that business or enterprise".

Question 22

Under the ________ veterans have the right to return to their jobs in the private sector when they return military service.

Question 23

In 1975, the case of _______ clarified requirements for using and validating selection tests.

Question 24

________is a practice in organizations that includes actively seeking, hiring and promoting women and minorities to correct past discriminatory injustices.

Question 25

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
The enforcement arm for Title VII of the Civil Rights Act.

Question 26

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Equal pay for jobs similar in skills, responsibility, working conditions, and effort.

Question 27

The ________ decision made invalid any test or diploma requirements that disqualified African Americans at a substantially higher rate than whites if the differentiation could not be proved job related.

Question 28

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
The invisible barrier that blocks females and minorities from ascending into the upper levels of an organization.

Question 29

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Anything of a sexual nature that creates a condition of employment, an employment consequence, or a hostile or offensive environment.

Question 30

The Equal Employment Opportunity Commission has enforcement mechanisms that include filing ________ lawsuits against organizations if unable to secure an acceptable resolution of discrimination charges within 120 days.

Question 31

The Civil Rights of 1964 is divided into parts called ________.

Question 32

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Programs instituted by an organization to correct past injustices in an employment process.

Question 33

Under the ADA, companies are required to make _______ to provide a qualified individual access to the job.

Question 34

The ______ granted the enforcement powers for the EEOC.

Question 35

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Law prohibiting discrimination based on pregnancy.

Question 36

The _______ case led to a four-part test used to determine if discrimination has occurred.

Question 37

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
Law that requires employers to make reasonable accommodations.

Question 38

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
A claim made by white males that minority candidates are given preferential treatment in employment decisions.

Question 39

MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
A rough indicator of discrimination that requires that the proportion of minority applicants a company hires must equal at least 80 percent of the proportion majority applicants in the population hired.

Question 40

The _________ allows employees to retain their employer-offered health insurance coverage while taking unpaid leave for family matters.

Question 41

Peter has been a production supervisor at a plant for over 20 years. His performance record has been excellent until last year. Peter's manager gave him low ratings during the last performance review. Peter just found out that his company is downsizing and that he is going to be laid off. Peter is 58 years of age. If Peter were to sue his company for discrimination, which of the following law would be most appropriate?

A) Equal Employment Opportunity Act of 1972
B) Age Discrimination in Employment Act of 1967
C) Job Security Act of 1984
D) Civil Rights Act of 1991
E) Civil Rights Act of 1964

Question 42

The following is the arm of the federal government empowered to handle discrimination in employment cases:

A) Fair Employment Commission
B) Fair Labor Standards Commission
C) Equal Employment Opportunity Act
D) Equal Employment Opportunity Commission
E) Affirmative Action Commission

Question 43

Age Discrimination in Employment Act of 1978 increased mandatory retirement age from

A) 40 to 55.
B) 65 to 70.
C) 60 to 65.
D) 70 to 80.
E) 80 to 85.

Question 44

Which of the following is NOT a protected status category?

A) Race
B) Sex
C) National origin
D) Seniority
E) Religion

Question 45

Mary's request that the EEOC investigate her case of employment discrimination was denied on the following grounds:

A) The company in question is exempt; it has only 10 employees.
B) The organization is a state government; it is exempt.
C) Higher education institutions are exempt from this law. He wanted to file charges against this school.
D) The EEOC does not investigate charges of employment discrimination.
E) Race based allegations are no longer the responsibility of the EEOC.

Question 46

The ________is NOT a federal law affecting employment discrimination.

A) Civil Rights Act of 1964
B) Civil Rights Act of 1991
C) Equal Employment Opportunity Act of 1972
D) Fair Wage Standards Act of 1948
E) Americans with Disabilities Act of 1990

Question 47

A large organization is an EEO employer with an affirmative action plan. Which of these activities is performed as part of the plan?

A) Employment decisions are based on group membership rather than individual performance.
B) Knowledge, skills, and abilities have been removed from all job analysis activities.
C) Fair employment practices are based on the premise that certain groups of people like to work together.
D) Executive perks are reported independently to the IRS.
E) Workforce demographics and community demographic patterns are monitored continually.

Question 48

Leo has requested that the EEOC investigate his case of employment discrimination. What initial steps can Leo expect?

A) Nothing. This is the wrong agency for employment discrimination complaints. He needs to file with the Sarbanes-Oxley agency.
B) The EEOC will take up to 120 days to secure acceptable resolution of the discrimination charges before filing suit.
C) The EEOC will help Leo form a labor union.
D) The EEOC will explain Title VII coverage to the work group.
E) The EEOC will pay the costs for Leo to file a civil suit against the employer.

Question 49

_______ include activities or modifications to the work environment that allow the qualified individual to perform the work.

A) Seniority systems
B) Affirmative action
C) Disparate treatment
D) Reasonable accommodations
E) Reverse discrimination

Question 50

In most organizations, affirmative action plans include all of the following steps EXCEPT
A) community demographic composition is identified for all job classifications.

A) current workforce demographics are analyzed.
C) goals and timetables are established for correcting imbalances between organizational and community demographics.
D) no member of a protected group is fired, demoted, or transferred.
E) job requirements are defined in terms of skills, abilities, and knowledge.

Question 51

Which of the following is the most prominent piece of legislation regarding HRM?

A) Executive Order 11478
B) Executive Order 11246
C) Title VII of the Equal Employment Opportunity Act of 1972
D) Title VII of the Civil Rights Act of 1991
E) Title VII of the Civil Rights Act of 1964

Question 52

Which of the following is NOT true regarding affirmative action plans?

A) Affirmative action programs are instituted by a company to correct past injustices in an employment process.
B) Affirmative action means that a firm must take certain steps to show that it is not discriminating.
C) Affirmative action means that a firm must always hire members of minority groups and women before it hires white males.
D) Over the past decade, there has been a backlash against affirmative action programs.
E) It is unlikely that affirmative action programs disappear in the near future.

Question 53

Executive Order 11246

A) prohibits discrimination on the basis of race, religion, color, and national origin, by federal agencies as well as those working under federal contracts.
B) added sex-based discrimination Executive Order 11375.
C) granted the enforcement powers for the EEOC.
D) affords EEO protection to pregnant workers.
E) increased mandatory retirement age from 65 to 70.

Question 54

Which of the following is NOT true regarding Title VII of the Civil Rights Act of 1964?
A) It prohibits discrimination in hiring, compensation, terms, conditions, and privileges of employment based on race, religion, color, sex, or national origin.

A) It prohibits retaliation against an individual who opposes any unlawful practice.
B) It protects employees 30-65 years of age from discrimination.
C) It prohibits retaliation against an individual who files a charge of discrimination.
E) It specifies compliance based on the number of employees in the organization.

Question 55

Joni has been a secretary with her firm for nearly 30 years. She always receives excellent performance evaluations and eagerly learns new technology. Her boss has been urging her to get a facelift or retire, saying he wants a "young feel" to the office. What law protects her from this treatment?

A) Civil Rights Act of 1991.
B) Adult Development Act of 1991.
C) Vocational Rehabilitation Act of 1973.
D) Executive Order 11375.
E) Age Discrimination in Employment Act of 1967.

Question 56

Which of the following is a landmark Supreme Court decision stating that tests must fairly measure the knowledge or skills required for a job?

A) Civil Rights Act of 1964
B) Washington v. Davis (1967)
C) Griggs v. Duke Power Company (1971)
D) Civil Rights Act of 1991
E) McDonnell-Douglas Corp. v. Green (1973)

Question 57

Jean, a 35-year-old mother of two, has been with her firm for 15 years. She wants to transfer out of the computer room of her organization, because the 90-pound boxes are too heavy for her to lift now that she is pregnant again. Her boss told her to either lift the boxes or quit. What law protects her from this treatment?

A) Civil Rights Act of 1991.
B) Pregnancy Discrimination Act of 1978.
B) Vocational Rehabilitation Act of 1973.
C) Executive Order 11375.
D) Age Discrimination in Employment Act of 1967.

Question 58

If you were vice-president of human resources for a large organization, how could you find out if disparate impact was occurring in your organization?

A) Interview ex-employees.
B) Compare hiring ratios for protected classes to the majority and to the geographical area.
C) Examine court records and other public sources of information for legal action against the firm by women and minorities.
D) Examine pay raise data and promotion charts for differences identifiable by race or sex.
E) There is no way to find out. Employees are too afraid to speak up.

Question 59

A security company instituted a 6'0'' height requirement as a condition of employment for security guards. Such a height requirement is likely to create

A) a disparate treatment.
B) an adverse impact.
C) a bona fide occupational impact.
D) a reverse discrimination effect.
E) a reverse treatment effect.

Question 60

Don is a recruiter for a large steel manufacturing firm. His favorite recruiting trip is to his alma mater, a city university in the tough part of the large metropolitan area where he grew up. He is glad to give these minority graduates a chance for an interview. About 10% of his new hires are from this school, one of 11 that he visits every fall. Don's firm is an active EEO employer. Is there a problem?

A) Yes. Disparate impact may result from this employment practice.
B) No. Affirmative action has no bearing on these hiring practices.
C) Yes. Reverse discrimination may result from this employment practice.
D) No. This is an appropriate EEO recruiting action.
E) Yes. EEO was rescinded because of actions such as Don's.

Question 61

You are vice-president of human resources of a large pharmaceutical manufacturer. Your firm has a longstanding tradition of promoting from within. New hires are fresh college graduates with no experience, no advanced degrees. Your firm is being sued by Ed, a 45-year-old MBA, who has attempted to apply for a general manager job. He knows the position is available because the incumbent died and the obituary was public information. He is claiming age discrimination. Which of the following discrimination defenses should be employed?

A) The 4/5 rule
B) McDonnell-Douglas Test
C) Geographical comparison
D) Performance ratio comparison
E) Seniority systems

Question 62

Which of the following is true regarding Executive Order 11246?

A) It prohibits employment discrimination on the basis of race, religion, color, sex, or national origin for all private employers.
B) It allows for punitive and compensatory damages through jury trials.
C) It prohibits discrimination on the basis of race, religion, color, and national origin by federal agencies as well as those working under federal contracts.
D) It covers all organizations with contracts of $4,000 or more with the federal government.
E) It protects employees 40-65 years of age from discrimination.

Question 63

An allegation of discrimination could be supported under the restricted policy infraction test in which instance?

A) Company position advertisements state that travel is required, approximately 10-12 days per month.
B) The XYZ company has a policy of promoting from within. They only hire inexperienced, newly graduated applicants, mostly from local universities.
C) A large Baltimore-based financial institution has no African-Americans on the payroll.
D) Jon, an HIV+ postal worker, was passed over for promotion. He had successfully completed all training requirements, but he failed to pass the qualifying examination.
E) Company position available announcements are posted in English and French. Most of the Hispanic workers only speak Spanish.

Question 64

Dan has been the night and weekend manager of a film processing firm with 35 employees for the past 10 years. His mother fell and broke her hip. He requested two months off to care for her. Will the Family and Medical Leave Act protect his job?

A) No. The legislation applies only to female employees.
B) No. The legislation applies only to children, not to parents.
C) No. Two months is longer than the law allows.
D) No. He hasn't worked there long enough.
E) No. Dan's company is too small.

Question 65

Yogesh has difficulties speaking clearly and quickly due to a severe speech impairment. He applied for a telemarketing job in a marketing research company that employed 42 employees. However, the employer did not hire him because of his inability to talk quickly and clearly. Being able to talk quickly is an essential qualification for the job given the high volume of phone calls that telemarketers have to place during a day. Is this employer potentially liable under the Americans with Disabilities Act?

A) Yes, because the employer must provide the necessary technology to enable Yogesh access to the job.
B) Yes, because Yogesh is still able to talk even if his speech is very slow.
C) No, because the company has fewer than 50 employees.
D) No, because speech impairment does not qualify as a disability.
E) No, because speaking quickly is an essential qualification for the telemarketing job.

Question 66

Which of the following reaffirmed the use of preferential treatment based on gender to overcome problems in existing affirmative action programs?

A) Griggs v. Duke Power.
B) Washington v. Davis.
C) Johnson v. Santa Clara County Transportation Agency
D) Firefighters Local 1784 v. Stotts.
D) Wyant v. Jackson Board of Education.

Question 67

An allegation of discrimination could be supported under a geographical comparison test in which instance?

A) Mary, a 50-year-old chemical engineer, responded to a position advertised as "Chemical Engineer: BS in Chemical Engineering, plus 5 years' experience or equivalent." She received a form letter in response that said applications were no longer being accepted for this position. She saw the same position advertised 2 days later.
B) Don, a 35-year old MBA, was not interviewed by the XYZ company for the position of general manager. He knew that when his uncle was going to retire next month, a general manager position would be available. The firm has a policy of promoting from within and hires only inexperienced, newly graduated applicants.
C) A large Miami-based financial institution has no Hispanics on the payroll.
D) Jose, who speaks only Spanish, applied for a postal service job which was posted in English, Spanish, and French. He was told applications were no longer being accepted for this position.
E) Jon, an HIV positive postal worker, was passed over for promotion because of his physical condition. He had successfully completed all training requirements and passed the qualifying examination.

Question 68

Sharon is confined to a wheelchair since her accident. Her employer supplied a special desk and widened the aisles so that she can get to her work station and work. This action is known as

A) adverse prevention.
B) restricted actions.
C) disparate impact.
D) class protection.
E) reasonable accommodations.

Question 69

All of these statements about the 1991 Civil Rights Act are accurate EXCEPT, the Act

A) prohibits racial harassment on the job.
B) allows for punitive and compensatory damage through jury trials.
C) reduces the Griggs decision impact.
D) reinforces the illegality of employers who make hiring or firing decisions on the basis of race or ethnicity.
E) places the burden of proof on the employer.

Question 70

Which of the following is NOT true regarding bona fide occupational qualifications (BFOQs)?

A) BOFQs cannot be used in cases of race or color.
B) A faculty member must be catholic to teach at a Jesuit university.
C) BFOQs are narrowly defined.
D) Religion may be used as a differentiating factor in ordaining a church minister.
E) When used as a response to EEO charges, BFOQs must be directly related to the job.

Question 71

Which of the following was a noteworthy case of reverse discrimination?

A) Griggs v. Duke Power.
B) Washington v. Davis.
C) Wyant v. Jackson Board of Education.
D) United Steelworkers of America v. Weber
E) Wards Cove Packing Company v. Antonio.

Question 72

Dana is the senior critical manager of a film processing firm with 75 employees. Her father fell and broke his hip. Dana, a 20-year employee, has requested two months off to care for him. Will the Family and Medical Leave Act protect her job?

A) No. She is a key employee.
B) No. The legislation applies only to children, not to parents.
C) No. Two months is longer than the law allows.
D) No. She hasn't worked there long enough.
E) No. Dana's company is too small.

Question 73

Larry, a 62 year old, has just been offered a full time job as merchandise representative for a large firm. He is not offered an opportunity to participate in the pension plan. Can he sue under the ADEA?

A) No. The ADEA doesn't cover age discrimination.
B) Yes. He has a clear violation of age protection.
C) No. As long as the cost of benefits is the same for him as for younger employees, the organization is in compliance with the law.
D) Yes. Pension plans are required for all U.S. employees.
E) No. Pension plans are no longer offered to employees.

Question 74

A company used a personality test to select job candidates for customer service positions. There were 40 male candidates and 20 female candidates. It appeared that 30 men passed the personality test while 5 women passed the personality test. Was there evidence of disparate impact against female candidates with this personality test?

A) No, because this is an example of disparate treatment.
B) No, because a passing rate of 25% (5/20) for the female candidates is fairly good.
C) No, because the personality test may not be very reliable.
D) Yes, because the passing rate of the female candidates (25%) is less than 80% of the passing rate of the male candidates (75%).
E) No, because the passing rate of the female candidates (25%) is more than 20% of the passing rate of the male candidates (75%).

Question 75

Cindy, a stock analyst, just tested HIV positive. Which statement applies to her situation?

A) The 1990 Americans with Disabilities Act offers her protection from being transferred because of her illness.
B) The 1993 Workers Protection Act requires that she be fired because of her illness.
C) The 1991 Civil Rights Act offers her protection from being transferred because of her illness.
D) The 1993 Worker Protection Act assures her of confidentiality about the nature of her illness.
E) The 1990 Americans with Disabilities Act offers her protection from being fired because of her illness.

Question 76

Griggs v. Duke Power (1971) is important for all of these reasons EXCEPT:

A) In its decision, the Supreme Court adopted the interpretative guidelines set out under Title VII.
B) It made the use of intelligence and conceptual tests used in hiring illegal without direct empirical evidence that the tests were valid.
C) It prevented employment testing in the hiring process for most jobs.
D) It placed the burden of proof on management if testing was questioned.
E) It was a landmark case against disparate impact.

Question 77

Which case found that layoffs of white workers to establish racial or ethnic balances were illegal?

A) Griggs v. Duke Power.
B) Washington v. Davis.
C) Wyant v. Jackson Board of Education.
D) U. S. v. Paradise.
E) Wards Cove Packing Company v. Antonio.

Question 78

The Americans with Disabilities Act of 1990 included all of the following provisions EXCEPT

A) All job actions must be based on job requirements.
B) Reasonable accommodations must be made for qualified workers.
C) Employment protection is extended to most forms of disability status.
D) Pre-job offer medical examinations are eliminated unless the examinations are job related.
E) Organizations must re-engineer working areas to accommodate all special needs.

Question 79

Which Supreme Court case had the effect of potentially undermining two decades of gains made in equal employment opportunities?

A) Griggs v. Duke Power.
B) Washington v. Davis.
C) Wyant v. Jackson Board of Education.
D) U. S. v. Paradise.
E) Wards Cove Packing Company v. Antonio.

Question 80

Abby is the night and weekend manager of a film processing firm with 75 employees. Eighteen months after she was hired, her mother fell and broke her hip. She requested four months off to care for her. Will the Family and Medical Leave Act protect her job?

A) No. The legislation applies only to male employees.
B) No. The legislation applies only to children, not to parents.
C) No. Four months is longer than the law allows.
D) No. She hasn't worked there long enough.
E) No. Her company is too small.