Question 1

The four-fifths rule applies when the number of employees from a protected class is less than four-fifths of the number of employees hired from the class with the highest selection rate.

Accepted Answer

The answer of The four-fifths rule applies when the number...

Question 2

The Civil Rights Act of 1991 states that employees who are sent abroad to work for U.S.-based companies are protected by U.S. antidiscrimination legislation governing age and disability and Title VII of the Civil Rights Act of 1964.

Accepted Answer

The statement is true. The Civil Rights Act of 1991 extended the protections of U.S. antidiscrimination legislation to employees working for U.S.-based companies abroad, including those related to age, disability, and Title VII of the Civil Rights Act of 1964.

Question 3

Marcus is a member of a protected group and was turned down for a position at Felton Corp. He has alleged that Felton has unintentionally discriminated against him based on this group membership. Marcus is pursuing an adverse impact claim.

Accepted Answer

Adverse impact occurs when a neutral employment practice has a disproportionately negative effect on a protected group, even if it was not intended to discriminate. Marcus's claim of unintentional discrimination suggests that he is pursuing an adverse impact claim.

Question 4

Ted is a 32-year-old white male. He was hired at the same time as Renee, a female, and Luis, a Hispanic male. All three are associates on the same work team, with similar job duties and comparable performance appraisals. This month, both Renee and Luis were promoted to senior associate, while Ted was not. Ted may have a claim of reverse discrimination against his employer.

Accepted Answer

Reverse discrimination refers to discrimination against members of a dominant or majority group, in favor of members of a minority or historically disadvantaged group. In this scenario, if Ted can prove that his lack of promotion was due to his race or gender, despite having similar qualifications and performance as his promoted colleagues, he may have a valid claim of reverse discrimination under employment law.

Question 5

Affirmative action programs are required by all employers.

Accepted Answer

Affirmative action programs are not required by all employers, but rather by federal contractors and subcontractors who meet certain criteria such as having contracts worth $50,000 or more and having 50 or more employees.

Question 6

No adverse impact exists if members of a protected class represent a significantly smaller percentage of the organization's workforce than the percentage found in the population of the surrounding community.

Accepted Answer

This statement is false. Disproportionate representation of a protected class in an organization's workforce compared to the population of the surrounding community could still indicate discrimination or barriers to equal employment opportunities. It is necessary to analyze the causes of under-representation and take action to address them.

Question 7

Disparate treatment would arise when an employer hires men but not women with school-age children.

Accepted Answer

Disparate treatment refers to the intentional or deliberate discrimination against an individual or group based on their protected characteristic such as gender, race or religion. In the given scenario, if an employer hires men but not women with school-age children, such employment practice would be considered as disparate treatment on the basis of gender and familial status.

Question 8

The Griggs case established the principle that statistical disparity among protected class members must be made in comparison to the relevant labor market.

Accepted Answer

The answer of The Griggs case established the principle that...

Question 9

An employee alleging discrimination can sue both the manager (or supervisor) of a company and the company itself because

Accepted Answer

The manager or supervisor functions as an agent of the company, which means that any discriminatory actions they take can be attributed to the company itself. Therefore, both the manager and the company can be sued in a discrimination case. The other options are incorrect as they do not provide a valid explanation for why both the manager and the company can be sued.

Question 10

A factor that appears to have influenced the growth of Equal Employment Opportunity (EEO) legislation is

Accepted Answer

The changing attitudes of society at large played a significant role in the growth of Equal Employment Opportunity legislation, as people became more aware and demanding of equality in the workplace. This was reflected in various civil rights movements and legal challenges during the 20th century.

Question 11

A 35-year-old applicant who is denied employment based upon age may file a claim under the Age Discrimination in Employment Act if the organization hired a 21-year-old.

Accepted Answer

The Age Discrimination in Employment Act (ADEA) protects employees and job applicants who are 40 years of age or older from employment discrimination based on age; therefore, a 35-year-old would not be covered under this act.

Question 12

Based on the Griggs case, requiring all salespersons to be six feet tall would have an adverse impact on Asians and women, limiting their employment opportunities.

Accepted Answer

The Griggs case established the concept of adverse impact, which means that a seemingly neutral employment policy or practice can have a disproportionate and negative effect on a protected group. Requiring all salespersons to be six feet tall would likely have an adverse impact on Asians and women, who may be less likely to meet that height requirement compared to other groups.

Question 13

Twelve associates at Felton Corp. took a test administered by the firm to be promoted to senior associate. Eight men passed the test, but one man and three women failed it. Because no women passed the test, Felton Corp. did not promote any of the applicants and devised a new selection tool. The eight men who passed could bring a lawsuit against Felton Corp. based on the Ricci ruling.

Accepted Answer

The Ricci ruling states that if a selection tool has a disparate impact on a protected group (in this case, women), then the test must be shown to be job-related and consistent with business necessity. Since no women passed and all eight men did, there is a possibility that the test had a disparate impact on women, and the eight men who passed could bring a lawsuit based on the Ricci ruling.

Question 14

George filed a discrimination charge against his employer. While the case was pending, the employer subjected George to increased supervision to ensure that he was doing his job properly. The employer has improperly retaliated against George.

Accepted Answer

The increased supervision can be viewed as retaliatory behavior by the employer towards George for filing a discrimination charge.

Question 15

Employers may be accused of reverse discrimination, or giving preference to members of protected classes, to the extent that unprotected individuals believe they are suffering discrimination.

Accepted Answer

Reverse discrimination refers to situations where members of traditionally disadvantaged or underrepresented groups are given preferential treatment over members of historically advantaged groups. This can lead to complaints of discrimination from unprotected individuals who feel that they are being treated unfairly.

Question 16

The Lilly Ledbetter Fair Pay Act states that the 180-day statute of limitations for filing an equal-pay lawsuit with the Equal Employment Opportunity Commission (EEOC) resets with each new discriminatory paycheck an employee receives.

Accepted Answer

The Lilly Ledbetter Fair Pay Act does state that the statute of limitations for filing an equal-pay lawsuit resets with each new discriminatory paycheck an employee receives.

Question 17

The work of the Equal Employment Opportunity Commission consists of formulating equal employment opportunity (EEO) policy and approving litigation involved in maintaining equal employment opportunity.

Accepted Answer

This statement is true. The Equal Employment Opportunity Commission (EEOC) is responsible for formulating and implementing EEO policy, as well as investigating and litigating cases of discrimination in the workplace. Their goal is to ensure that all individuals are given a fair and equal opportunity to succeed in the workplace, regardless of their race, gender, religion, age, disability, or other protected characteristics.

Question 18

The employment of individuals in a fair and nonbiased manner is called

Accepted Answer

The employment of individuals in a fair and nonbiased manner is referred to as equal employment opportunity (EEO). The EEO policy prohibits discrimination based on race, gender, age, religion, national origin, disability, or any other legally protected characteristic.

Question 19

The Griggs case established the principle that employment selection practices must be related to job success.

Accepted Answer

The Griggs case, decided by the U.S. Supreme Court in 1971, established that employment selection practices must be related to job success, and that practices that have a disparate impact on protected groups may be considered discriminatory unless they are shown to be job-related and consistent with business necessity.

Question 20

It is illegal for employers to deny sick leave for morning sickness or other pregnancy-related illnesses if sick leave is permitted for other medical conditions such as flu or surgical operations.

Accepted Answer

Under the Pregnancy Discrimination Act (PDA), denying sick leave for pregnancy-related issues is considered discriminatory and illegal. Employers must provide the same benefits and accommodations for employees with pregnancy-related medical conditions as they would for employees with other medical conditions.

Quiz 3: Equal Employment Opportunity and Human Resources Management