Question 1

Some employers may be motivated to adopt affirmative action as a result of social or ethical responsibility.

Accepted Answer

Employers may adopt affirmative action policies out of a sense of social or ethical responsibility to address historical inequalities and promote diversity and inclusion in the workplace.

Question 2

No other employment practice is more misunderstood than affirmative action.

Accepted Answer

Affirmative action is often misunderstood due to its complex nature and the varying interpretations and implementations across different sectors and regions.

Question 3

The complaining parties in reverse discrimination suits are restricted to being white males.

Accepted Answer

Reverse discrimination suits can be filed by any individual who believes they have been discriminated against in favor of a member of a minority or historically underrepresented group, regardless of the complainant's race or gender.

Question 4

The problem with consent decrees is that third parties can initiate an indefinite number of litigations against the AAP.

Accepted Answer

Consent decrees are agreements or settlements that resolve a dispute between two parties without admission of guilt or liability. The issue with consent decrees is not that they allow third parties to initiate an indefinite number of litigations against the AAP (American Academy of Pediatrics or any other entity), but rather that they can bind those parties to certain actions or reforms over an extended period, sometimes without a clear end date. This can make them inflexible and difficult to modify or end, even if circumstances change.

Question 5

Statistical imbalances, in and of themselves, are not sufficient to justify preferential treatment.

Accepted Answer

Statistical imbalances can indicate disparities but do not inherently justify preferential treatment without further context or analysis of the causes and factors contributing to these imbalances.

Question 6

Affirmative action shifts the premise of equal opportunity from group rights to individual rights.

Accepted Answer

Affirmative action is designed to address inequalities and historical discrimination faced by certain groups by providing them with preferential treatment or opportunities, thus focusing on group rights rather than solely on individual rights.

Question 7

Proponents of AA programs believe preferential treatment actually creates racial barriers rather than removing them.

Accepted Answer

Proponents of Affirmative Action (AA) programs believe that these initiatives help remove racial barriers by promoting diversity and providing equal opportunities to historically marginalized groups, not by creating preferential treatment that reinforces racial divides.

Question 8

Only state and local governments and their agencies can violate the Equal Protection Clause.

Accepted Answer

The answer of Only state and local governments and their...

Question 9

It is acceptable to hire an unqualified candidate from a preferred group rather than a qualified person from a non-preferred group.

Accepted Answer

Hiring should be based on qualifications, skills, and the ability to perform the job duties effectively, rather than on preferences for certain groups, to ensure fairness and effectiveness in the workplace.

Question 10

Provided the employer has shown a good faith effort to attain AAP goals, the OFCCP and the EEOC are unlikely to take adverse action against the employer for failing to reach them.

Accepted Answer

The OFCCP (Office of Federal Contract Compliance Programs) and the EEOC (Equal Employment Opportunity Commission) generally focus on whether an employer is making a good faith effort to comply with affirmative action plan (AAP) goals. If an employer demonstrates a genuine effort to meet these goals, even if they are not fully achieved, these agencies are less likely to take adverse action.

Question 11

The Civil Rights Act of 1991 now provides a degree of protection to third parties of consent decrees.

Accepted Answer

The Civil Rights Act of 1991 includes provisions that protect third parties from unintended negative consequences of consent decrees, aiming to ensure that remedies for discrimination do not inadvertently harm those who were not the intended beneficiaries of such decrees.

Question 12

Before 1995, when it comes to affirmative action the private sector was held to a higher standard of judicial review compared to government employers.

Accepted Answer

Before 1995, both the private sector and government employers were generally subject to the same standards of judicial review regarding affirmative action policies. The distinction in standards primarily applies to how different entities implement these policies rather than a baseline difference in judicial scrutiny.

Question 13

Diversity goals are permanent whereas affirmative action goals are temporary.

Accepted Answer

Diversity goals are ongoing efforts aimed at creating an inclusive environment that values different backgrounds and perspectives. Affirmative action goals, on the other hand, are temporary measures designed to address past discrimination and to level the playing field until disparities are corrected.

Question 14

The EEOC was successfully sued for reverse discrimination because its affirmative action plan had become a permanent fixture.

Accepted Answer

The EEOC was successfully sued for reverse discrimination because its affirmative action plan had become a permanent fixture, meaning that it was no longer being used to remedy past discrimination but had instead become a way to give preferential treatment to certain groups.

Question 15

The Supreme Court has held that societal discrimination does not come under the domain of Title VII.

Accepted Answer

Societal discrimination is not covered by Title VII because it is not considered to be employment discrimination.

Question 16

Federal courts have long permitted employers to consider race and ethnicity as the sole decision criterion under formal AAPs.

Accepted Answer

Federal courts have generally required that race and ethnicity be one of multiple factors considered in employment decisions under Affirmative Action Plans (AAPs), not the sole criterion.

Question 17

The first part of the strict scrutiny test is to determine if a program is narrowly tailored.

Accepted Answer

The first part of the strict scrutiny test is to determine if a law or policy serves a compelling government interest.

Question 18

When conducting utilization analysis, failing to consider the relevant labor market for applicants is a frequent problem.

Accepted Answer

Utilization analysis aims to compare the composition of an organization's workforce with the composition of the relevant labor market to identify underutilization of specific groups. Failing to consider the relevant labor market for applicants can lead to inaccurate conclusions about underutilization or overutilization of certain groups within the workforce.

Question 19

The classes of employees entitled to preferential selection under federally mandated AAPs are more extensive than those under Title VII.

Accepted Answer

Affirmative Action Programs (AAPs) are designed to proactively address inequalities and increase employment opportunities for women, minorities, individuals with disabilities, and protected veterans, thus covering a broader range of classes than Title VII, which primarily focuses on preventing discrimination based on race, color, religion, sex, and national origin.

Question 20

There is only one definition for affirmative action: AA involves the preferential hiring and promoting of protected group members in order to remedy underutilization.

Accepted Answer

Affirmative action encompasses a range of policies and practices aimed at promoting equal opportunity for historically marginalized groups, not limited to preferential hiring or promotion. It can include efforts in education, contracting, and other areas to address disparities.

Quiz 8: Affirmative Action