Question 1

Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would best support the plaintiff's argument that Sanders is liable for sexual harassment?

Accepted Answer

B) Employers can minimize their liability in sexual harassment claims by showing that they have a response system set up for handling sexual harassment complaints, so Sanders may be liable if it lacks a system. Firms that keep thorough records of complaints and address sexual harassment issues during exit interviews are able to show that they take reasonable care to prevent sexual harassment. Disparate treatment refers to discrimination claims rather than sexual harassment claims.

Question 2

________ refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion.

Accepted Answer

C) Adverse impact is the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion. Employers may not institute an employment practice that causes a disparate impact on a particular class of people unless they can show that the practice is job related and necessary.

Question 3

Which of the following terms refers to the tendency to view members of other social groups less favorably than one's own?

Accepted Answer

D) Ethnocentrism is the tendency to view members of other social groups less favorably than one's own. Stereotyping is a process in which someone ascribes specific behavioral traits to individuals based on their apparent membership in a group. Discrimination means taking specific actions toward or against the person based on the person's group. Tokenism occurs when a company appoints a small group of women or minorities to high-profile positions, rather than more aggressively seeking full representation for that group.

Question 4

Which court case provided details regarding how employers could validate the relationship between screening tools and job performance?

Accepted Answer

B) In the Albemarle case, the Court provided more details on how employers could prove that tests or other screening tools relate to job performance. For example, the Court said that if an employer wants to test candidates for a job, then the employer should first clearly document and understand the job's duties and responsibilities.

Question 5

Intentional discrimination is also called ________.

Accepted Answer

B) Disparate treatment is an intentional disparity between the proportion of a protected group and the proportion getting the job. Disparate treatment is also known as intentional discrimination.

Question 6

________ means that an employer engages in an employment practice or policy that has a greater adverse effect on the members of a protected group under Title VII than on other employees, regardless of intent.

Accepted Answer

A) Disparate impact is an unintentional disparity between the proportion of a protected group applying for a position and the proportion getting the job. Disparate treatment is an intentional disparity between the proportion of a protected group and the proportion getting the job.

Question 7

Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decides to quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley experienced?

Accepted Answer

B) As Shelley's supervisor, Gus created a hostile environment according to the EEOC. A claimant does not need to show that the harassment had tangible consequences such as demotion. It is sufficient in many cases to prove that a supervisor's sexual harassment substantially affected an employee's emotional and psychological abilities.

Question 8

Which of the following is NOT considered sexual harassment?

Accepted Answer

C) EEOC guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that create an intimidating, hostile, or offensive work environment or interfere with work performance. Requests for sexual favors that are used as the basis for employment decisions are also considered sexual harassment. Consensual sex between co-workers is not considered sexual harassment.

Question 9

Judy was up for a promotion at Swensen Consulting when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which of the following would Judy most likely be able to prove in court if she decided to sue Swensen Consulting?

Accepted Answer

A) Quid pro quo (something for something) is the most direct way to prove that rejecting a supervisor's advances adversely affected what the EEOC calls a "tangible employment action" such as hiring, firing, promotion, demotion, and/or work assignment. Quid pro quo would be the best option for Judy if she sues the firm for Will's actions.

Question 10

Maria is consulting an attorney about filing sexual harassment charges against her employer. All of the following are ways that Maria can prove sexual harassment EXCEPT by showing that ________.

Accepted Answer

A) The U.S. Supreme Court held that sexual harassment law does not cover ordinary "intersexual flirtation." Someone can prove sexual harassment if rejecting a supervisor's sexual advances led to a demotion, firing, or altered work assignment. Sexual harassment can also be proven if a hostile work environment is created by the sexual conduct of supervisors, co-workers, or non-employees.

Question 11

Sally is known as a big flirt around the office. She often makes sexual innuendos to men at work-both co-workers and her subordinates. What form of sexual harassment is this an example of?

Accepted Answer

D) The U.S. Supreme Court held that sexual harassment law does not cover ordinary "intersexual flirtation." Someone can prove sexual harassment if rejecting a supervisor's sexual advances led to a demotion, firing, or altered work assignment or if a hostile work environment is created by the sexual conduct.

Question 12

Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related?

Accepted Answer

C) According to the Civil Rights Act of 1991, once an aggrieved applicant or employee demonstrates that an employment practice (such as "must lift 100 pounds") has a disparate (or "adverse") impact on a particular group, then the burden of proof shifts to the employer, who must show that the challenged practice is job related.

Question 13

Ruben files a lawsuit against his employer for intentional discrimination based on the Civil Rights Act of 1991. Ruben may sue for all of the following EXCEPT ________.

Accepted Answer

D) According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for back pay, attorneys' fees, court costs, job reinstatement, punitive damages, and compensatory damages. Substantive consolidation is a legal term referring to debt consolidation.

Question 14

What two defenses are available to employers defending themselves against discrimination charges?

Accepted Answer

A) The employer can use two defenses against discrimination charges: the bona fide occupational qualification (BFOQ) defense and the business necessity defense. Either can be used to justify an employment practice that has been shown to have an adverse impact on the members of a minority group.

Question 15

All of the following are useful in minimizing employer liability for sexual harassment EXCEPT ________.

Accepted Answer

A) Employers can minimize their liability by issuing strong policy statements, informing employees about the policy, and implementing a procedure for handling complaints. A policy of ignoring initial complaints would increase an employer's liability.

Question 16

Which Supreme Court decision does NOT apply to cases of sexual harassment?

Accepted Answer

A) The Court ruled in Griggs v. Duke Power Company that the burden of proof is on the employer to show that a hiring practice such as testing is job related. The other cases clarify the law on sexual harassment.

Question 17

T & N Enterprises wants to minimize sexual harassment claims. All of the following are ways that the firm can minimize its liability in sexual harassment claims EXCEPT by ________.

Accepted Answer

D) Maintaining records of complaints, instituting a reporting policy, providing sexual harassment training, and investigating charges quickly are ways that employers can show that they took reasonable care to prevent and correct sexual harassment, which will minimize the employer's liability. Employers should institute a confidential complaint process.

Question 18

In which of the following court cases did the plaintiff accuse the defendant of quid pro quo sexual harassment?

Accepted Answer

A) In Burlington Industries v. Ellerth, the employee accused her supervisor of quid pro quo harassment. She said her boss propositioned and threatened her with demotion if she did not respond. In Faragher v. City of Boca Raton, the employee accused the employer of condoning a hostile work environment. In the Meritor Savings Bank, FSB v. Vinson case, the U.S. Supreme Court broadly endorsed the EEOC's sexual harassment guidelines.

Question 19

________ exists when an employer intentionally treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.

Accepted Answer

A) Disparate treatment is an intentional disparity between the proportion of a protected group and the proportion getting the job. Disparate impact is an unintentional disparity between the proportion of a protected group applying for a position and the proportion getting the job.

Question 20

According to the guidelines of the ADA, all of the following are examples of reasonable accommodations EXCEPT ________.

Accepted Answer

C) According to the ADA, if an individual cannot perform the job as currently structured, the employer is required to make a reasonable accommodation, unless doing so would present an undue hardship. Reasonable accommodation might include re-designing the job, modifying work schedules, or modifying or acquiring equipment or other devices, such as adding curb ramps and widening door openings.

Quiz 2: Managing Equal Opportunity and Diversity