Question 1

According to the Civil Rights Act of 1991, once the plaintiff has made a prima facie disparate impact case, the

Accepted Answer

The burden of proof shifts to the defendant once the plaintiff has made a prima facie disparate impact case, meaning the defendant must then provide evidence to show that the challenged employment practice is job-related and consistent with business necessity. This is outlined in Section 703(k)(1)(A) of the Civil Rights Act of 1991.

Question 2

Which of the following rules states that an employment test has disparate impact if the hiring rate for a minority group is less than 80 percent of the hiring rate for the majority group?

Accepted Answer

The Four-fifths (or 80 percent) rule states that if the hiring rate for a minority group is less than 80 percent of the hiring rate for the majority group, then the employment test has a disparate impact and could be considered discriminatory.

Question 3

In showing class-action ________ lawsuits, the plaintiffs show some statistical disparities between the composition of some group within the company compared to some other relevant group.

Accepted Answer

The answer of In showing class-action ________ lawsuits, the plaintiffs...

Question 4

Sarah has been asked to compare the current workforce of her company with that of the available labor supply. She creates a spreadsheet with the columns "Race," "Ethnicity," and "Gender." She is doing a ________ analysis.

Accepted Answer

Sarah is conducting a utilization analysis, which involves comparing the demographics of the company's workforce (in terms of race, ethnicity, and gender) with those of the available labor supply to identify any disparities or areas for improvement in diversity and inclusion efforts.

Question 5

A common interview practice is to have the candidate create a Power Point presentation on how to make a grilled cheese sandwich. This would be an example of

Accepted Answer

The answer of A common interview practice is to have...

Question 6

In a ________ case, the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination.

Accepted Answer

A mixed-motive case involves situations where both discriminatory and non-discriminatory factors contribute to an employment decision. In this case, the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination, which is a mixed-motive defense.

Question 7

East West Airlines has in its affirmative action plan that 255 men and 40 percent minorities will be hired within the next 2 years. This is an example of goals and timetables because it

Accepted Answer

The statement outlines a specific percentage of women and minorities that the organization aims to hire within a specific timeframe, which is a characteristic of goals and timetables in an affirmative action plan. The other options do not accurately describe this situation.

Question 8

If a plaintiff feels that individual acts of intentional discrimination in his firm have led to a statistical disparity in the firm, and this disparity is a function of a larger culture of discrimination, which of the following lawsuits is he most likely to file? At Tackle and Bait, a large outdoor supply store, women are hired to be cashiers for a flat hourly rate while men work the floor on commission. What lawsuit is Tackle and Bait opening themselves up to based on this practice?

Accepted Answer

The answer of If a plaintiff feels that individual acts...

Question 9

At a meeting held during Passover, there are two buffet lines. One has matzo and no shrimp and the other has bread and shrimp. This is an example of a

Accepted Answer

This is an example of reasonable accommodation as it provides options to accommodate dietary restrictions during a religious holiday.

Question 10

The director of a movie auditions only white males to play the role of Abraham Lincoln in a biographical film on Lincoln's life. This is an example of

Accepted Answer

The answer of The director of a movie auditions only...

Question 11

A hotel in Florida has instituted a policy to hire individuals living in close proximity to the hotel premises to reduce instances of employees coming in late. As the area surrounding the hotel is predominantly populated with individuals of Hispanic origin, the Caucasian and African-American communities became underrepresented in the hotel's workforce. This is an example of

Accepted Answer

This situation is an example of disparate impact, where a seemingly neutral policy (hiring individuals based on proximity to the hotel) has an adverse impact on a particular group (Caucasian and African-American communities). This unintentional discrimination can still be illegal under Title VII of the Civil Rights Act.

Question 12

Which of the following acts states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice?

Accepted Answer

Title VII of the Civil Rights Act of 1964 prohibits retaliation against employees who oppose or participate in proceedings relating to alleged discriminatory employment practices.

Question 13

The written affirmative action plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a

Accepted Answer

The written affirmative action plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a list of action steps. Utilization analysis is the process of analyzing an employer's workforce to determine if there are underutilized protected groups. Goals, consent decrees, and timetables may all be included in an affirmative action plan, but they do not specifically refer to the written plan that outlines specific actions to be taken.

Question 14

Nikeyah has resisted advances from her male boss, who is interested in pursuing a sexual relationship with her. In addition, he has been withholding her promotions for more than a year for this reason alone. Nikeyah can sue her boss for

Accepted Answer

Nikeyah is experiencing sexual harassment, which is defined as unwelcome sexual advances or conduct that creates a hostile or offensive work environment. By denying her promotions based on her rejection of his advances, the boss is engaging in quid pro quo harassment. Nikeyah can sue her boss for sexual harassment.

Question 15

Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline. Despite both having similar profiles, Michael was hired but Mohammad was not, and the airline continued to look for other potential trainee pilots. In this case, Mohammad was a possible victim of

Accepted Answer

The situation described in the question suggests that Michael and Mohammad were similarly qualified candidates, but Michael was hired while Mohammad was not. This indicates that Mohammad may have been a victim of disparate treatment, which is a form of discrimination that occurs when individuals are treated differently due to their race, gender, or other protected characteristic. The fact that the airline continued to search for other trainee pilots after rejecting Mohammad also suggests that there may not have been a legitimate non-discriminatory reason for his rejection.

Question 16

Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following statements would both negate Jason's case and support Virgo's case?

Accepted Answer

This statement negates Jason's case because it provides a valid reason why Virgo did not hire him - he is not a certified welder, which is a requirement for the job. It also supports Virgo's case because they based their decision not on race but on the lack of necessary qualifications.

Question 17

Which of the following statements is true of disparate treatment and disparate impact?

Accepted Answer

Disparate treatment occurs when someone is intentionally treated differently because of their membership in a protected class. Therefore, intentional discrimination is required for there to be discrimination under disparate treatment. The discriminating individual's intent is relevant in this type of discrimination.

Disparate impact, on the other hand, occurs when a seemingly neutral process or policy has a disproportionately negative impact on a protected group. The discriminatory intent does not have to be proven for there to be discrimination, and the four-fifths rule can be applied to determine if there is an adverse impact. However, not all instances of disparate impact are necessarily illegal, as the defendant may have a legitimate business reason for the practice. Compensatory and punitive damages are also not automatically awarded in a disparate impact case.

Question 18

Under ________, intent is irrelevant.

Accepted Answer

Under disparate impact, intent is irrelevant as the focus is on a policy or practice that has a disproportionate effect on a protected group, regardless of whether there was intent to discriminate.

Question 19

Which of the following is the Office of Federal Contract Compliance Programs' most potent weapon and its last penalty?

Accepted Answer

Debarment is the OFCCP's most potent weapon because it prohibits a company from being awarded federal contracts for a specified period of time. It is also the OFCCP's last penalty after other efforts to bring the company into compliance have failed.

Question 20

Which of the following analyses uses the difference between the expected representation for minority groups and the actual representation to determine whether the difference between these two values is greater than would occur by chance?

Accepted Answer

The Standard Deviation Rule is used in statistical analysis to determine if the difference between expected and actual representation of minority groups in a sample is greater than what might occur by chance. This method involves calculating the standard deviation to assess whether observed disparities are statistically significant.

Quiz 3: The Legal Environment: Equal Employment Opportunity and Safety