Question 1

In which of the following decisions did the Supreme Court state that affirmative action programs are not illegal per se as long as rigid quota systems were not specified for different protected classes?

Accepted Answer

In University of California Regents v. Bakke, the Supreme Court stated that affirmative action programs are not illegal per se (inherently illegal) as long as rigid quota systems were not specified for different protected classes. This case dealt specifically with affirmative action in higher education admissions.

Question 2

Nikki believes she was discriminated against by Fulton Foods when they refused to hire her. What is her first step in processing a complaint?

Accepted Answer

The first step in processing a complaint of discrimination is to file a charge form with the Equal Employment Opportunity Commission (EEOC). This allows the EEOC to investigate and determine whether there is reasonable cause to believe discrimination occurred. From there, other steps such as conciliation or filing a lawsuit may follow.

Question 3

Affirmative action occurs when employers

Accepted Answer

Affirmative action is a policy that aims to correct past discrimination by developing a plan of action to ensure that women and minorities are given equal opportunities in education and employment. This can include actions such as outreach and recruitment efforts, targeted training programs, and monitoring and reporting on hiring and promotion practices. Therefore, the most appropriate answer is D, which involves developing a plan of action to correct areas of past discrimination. A, B, and C may be related to diversity and inclusion efforts, but they do not necessarily involve affirmative action specifically.

Question 4

Which law prohibits federal contractors from discriminating against disabled individuals in any program or activity receiving federal financial assistance and requires federal contractors to develop affirmative action plans to hire and promote disabled people?

Accepted Answer

The Vocational Rehabilitation Act of 1973, specifically section 503, prohibits federal contractors from discriminating against disabled individuals and requires them to develop affirmative action plans to hire and promote disabled people. The Americans with Disabilities Act also prohibits discrimination against disabled individuals, but it applies more broadly to all employers and is not specific to federal contractors. Executive Order 11246 prohibits discrimination on the basis of race, color, religion, sex, or national origin by federal contractors, but does not specifically address disability. Executive Order 11478 prohibits discrimination on the basis of race, color, religion, sex, national origin, handicap, or age by federal agencies, but does not apply to federal contractors receiving financial assistance.

Question 5

A "national origin group" is defined as a group of people sharing a common

Accepted Answer

A national origin group is defined by shared characteristics such as language, culture, ancestry, and social characteristics, not just birthplace or occupation.

Question 6

Legally, an affirmative action program is required when

Accepted Answer

According to the regulations set by the Office of Federal Contract Compliance Programs (OFCCP), affirmative action programs are legally required for companies that have federal contracts exceeding $50,000. Therefore, option D is the correct choice. The other options do not accurately reflect when affirmative action programs are required.

Question 7

In Griggs v. Duke Power, the Supreme Court established the principle that

Accepted Answer

Griggs v. Duke Power established the principle of "job-relatedness," which states that selection tools (such as employment tests) must be related to job success. This case also established the concept of disparate impact, which means that even if an employer does not intend to discriminate, their selection tools may still have a discriminatory effect on protected groups.

Question 8

In which of the following decisions did the Supreme Court not endorse all voluntary affirmative action programs, but it gave an important push to programs voluntarily implemented and designed to correct past racial imbalances?

Accepted Answer

In United Steelworkers of America v. Weber, the Supreme Court endorsed an affirmative action program voluntarily implemented by a private company to address the underrepresentation of African Americans in craft positions. However, in Griggs v. Duke Power, Albemarle Paper Co. v. Moody, and Ricci v. DeStafano, the Court either struck down or placed limitations on affirmative action programs that were not strictly voluntary or were seen as having a disparate impact on protected groups.

Question 9

ValuTech employs workers from a labor market composed of 21 percent black workers and 17 percent Hispanic workers. The racial composition of the workers at ValuTech is 76 percent white, 14 percent black, and 10 percent Hispanic. Based on these figures, the protected class at ValuTech is

Accepted Answer

The protected class, which includes black and Hispanic workers, is underutilized at ValuTech compared to their representation in the labor market (21% black and 17% Hispanic in the market vs. 14% black and 10% Hispanic at ValuTech).

Question 10

The Glass Ceiling Act

Accepted Answer

The Glass Ceiling Act created the Glass Ceiling Commission, which was tasked with studying and addressing the barriers that prevent women and minorities from advancing in their careers.

Question 11

An employer's workforce is said to be at parity with the relevant labor market when

Accepted Answer

Parity with the relevant labor market means that the employer's workforce is representative of the available labor market in terms of race and gender. It does not necessarily mean that affirmative action goals are achieved or that adverse impact is eliminated, but it does mean that the workforce demographics are comparable to the demographics of the relevant labor market.

Question 12

Fulton Foods employs workers from a labor market composed of 31 percent black workers, 11 percent Hispanic workers, and 2 percent Asian workers. The racial composition of the workers at Fulton Foods is 56 percent white, 30 percent black, 12 percent Hispanic, and 2 percent Asian. Based on these figures, the protected class at Fulton Foods is

Accepted Answer

The answer of Fulton Foods employs workers from a labor...

Question 13

Under the law, discrimination charges must be filed within __________ days of the alleged unlawful practice.

Accepted Answer

Under U.S. federal law, specifically the Equal Employment Opportunity Commission (EEOC) guidelines, discrimination charges must be filed within 180 days of the alleged unlawful practice. This timeframe can be extended to 300 days if the charge is also covered by a state or local anti-discrimination law.

Question 14

The managers at ValuTech need to determine whether or not the racial makeup of its staff accurately reflects the surrounding labor market. The best way to collect this information is to

Accepted Answer

A workforce utilization analysis is the best way to collect information about whether or not the racial makeup of the staff accurately reflects the surrounding labor market. This analysis examines the demographic makeup of the labor market and compares it to the workforce at ValuTech to identify any disparities. The other choices (interviewing employees, performing validation studies, and using E-Verify) may provide useful information but do not directly address the issue of workforce diversity.

Question 15

Jim is a single parent of a child with a disability. He was denied a job for which he was arguably the best candidate. When he asked why he lost out on the position, the potential employer expressed concerns that Jim might be unreliable because of his responsibilities to his child. Jim may have grounds for a suit against the employer based on

Accepted Answer

The EEOC enforcement guidelines issued in 2007 address discrimination based on caregiver responsibilities, which could apply to Jim's situation.

Question 16

A comprehensive training program to prevent discrimination would include all of the following EXCEPT

Accepted Answer

Standards for employee conduct, while important, are not specifically about preventing discrimination. They are more about general behavior expectations in the workplace. The other options directly relate to understanding, responding to, and investigating discrimination, which are key components of a comprehensive training program aimed at preventing discrimination.

Question 17

EEOC guidelines are

Accepted Answer

EEOC guidelines are administrative rules published in the Federal Register.

Question 18

The basic steps in developing an effective affirmative action plan include all of the following EXCEPT

Accepted Answer

Establishing a quota system and timetable for hiring is not a recommended step in developing an effective affirmative action plan. This is because affirmative action is not about meeting quotas but rather about creating opportunities and removing barriers for underrepresented groups. Affirmative action programs that use quotas have been found unconstitutional and can lead to reverse discrimination lawsuits. Instead, the focus should be on outreach and recruitment efforts to diversify the candidate pool and selecting the best candidates based on qualifications and merit.

Question 19

Top management at ValuTech want to proactively leverage diversity within the company. The first step towards this goal is to

Accepted Answer

The answer of Top management at ValuTech want to proactively...

Question 20

In which Supreme Court decision involving an invalidated employment test for firemen did the Court state: "once the process has been established and employers have made clear their selection criteria, they may not then invalidate the test results, thus upsetting an employee's legitimate expectation not to be judged on the basis of race."?

Accepted Answer

In Ricci v. DeStafano (2009), the Supreme Court ruled that employers cannot invalidate the results of a job-related test based on race or ethnicity, as this would violate the rights of those who performed well on the test and had a legitimate expectation of being considered for promotion or advancement. In this case, the Court found that the city of New Haven, Connecticut had violated the Civil Rights Act by disregarding the results of a written and oral exam for firefighters, which had resulted in a racially disproportionate outcome.

Quiz 3: Equal Employment Opportunity and Human Resources Management