Question 1

By refusing to bargain in good faith, employers and unions that negotiate, or attempt to negotiate, discriminatory provisions in seniority systems, pay scales, or promotion policies could be committing unfair labor practices in violation of Section 8(a)(5) or Section 8(b)(3).

Accepted Answer

If employers and unions negotiate or attempt to negotiate discriminatory provisions in seniority systems, pay scales, or promotion policies, they could be committing unfair labor practices in violation of Section 8(a)(5) or Section 8(b)(3) of the National Labor Relations Act. These sections require the parties to bargain in good faith and prohibit discrimination based on protected characteristics such as race, gender, or age.

Question 2

Which one of the following Section, in part, states that "All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contract as is enjoyed by white citizens"?​

Accepted Answer

Section 1981 of 42 U.S. Code is also known as the Civil Rights Act of 1866, which granted equal rights under law to all citizens, regardless of race, color, or previous condition of slavery. Section 1981 specifically addresses the right to make and enforce contracts, and prohibits discrimination in the making or enforcing of contracts based on race or ethnicity.

Question 3

The prohibitions of _____ extend to the deprivation of any rights guaranteed by the Constitution or by law.

Accepted Answer

Section 1983 of 42 U.S.C. prohibits anyone acting under state authority from depriving any individual of their constitutional or statutory rights. This includes rights guaranteed by the Constitution or by law, such as the right to free speech, the right to due process, and the right to equal protection under the law. The other choices, Section 1981(a) and (b) and Section 1985, address different issues related to civil rights but do not specifically address the deprivation of constitutional or statutory rights.

Question 4

Individuals alleging a violation of a firm's obligations under Executive Order No.11246 may file complaints with the Occupational Health and Safety Administration.

Accepted Answer

Individuals alleging a violation of a firm's obligations under Executive Order No. 11246 may file complaints with the Office of Federal Contract Compliance Programs (OFCCP), not the Occupational Health and Safety Administration (OSHA).

Question 5

The federal Employee Polygraph Protection Act of 1988 prohibits honesty testing.

Accepted Answer

The federal Employee Polygraph Protection Act of 1988 prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions. It does not broadly prohibit honesty testing methods that do not involve lie detectors.

Question 6

Which one of the following Sections states that "For the purposes of this section, the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship?​

Accepted Answer

Section 1981(b) of the Civil Rights Act of 1991 defines "make and enforce contracts" to include the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.

Question 7

The Sarbanes-Oxley Act of 2002 applies to corporations whose shares are publicly traded in the United States.

Accepted Answer

The Sarbanes-Oxley Act of 2002 specifically applies to publicly traded corporations in the United States, as it aims to protect investors and increase transparency in financial reporting.

Question 8

The administrative enforcement proceedings involve a hearing before an administrative law judge.

Accepted Answer

In administrative enforcement proceedings, there is typically a hearing before an administrative law judge who will hear and decide the case.

Question 9

Executive Order No.11246 states that, as amended, firms doing business with the federal government must agree not to discriminate in employment on the basis of race, color, religion, national origin, or gender.This forms the basis of the federal government:

Accepted Answer

Executive Order No.11246 established the contract compliance program which requires firms that do business with the federal government to agree not to discriminate in employment on the basis of race, color, religion, national origin, or gender. This program ensures that federal contractors meet their obligations to provide equal employment opportunity.

Question 10

Strict Scrutiny Test requires the government to demonstrate that the affirmative action program was necessary to achieve a compelling government purpose.

Accepted Answer

The Strict Scrutiny Test indeed requires the government to show that an affirmative action program is necessary to achieve a compelling government purpose. This is a high standard that affirmative action programs must meet to be deemed constitutional under the Equal Protection Clause of the 14th Amendment.

Question 11

Executive Order No.11246 provides the basis for the federal government contract compliance program.

Accepted Answer

Executive Order No. 11246 established affirmative action requirements for federal contractors and subcontractors to ensure equal employment opportunities for all individuals, regardless of race, color, religion, sex, or national origin. This order provides the basis for the federal government contract compliance program.

Question 12

Federal EEO laws specifically prohibit employment discrimination based on criminal record.

Accepted Answer

Federal EEO laws do not specifically prohibit employment discrimination based on criminal record. However, the Equal Employment Opportunity Commission (EEOC) has issued guidance stating that blanket policies excluding individuals with criminal records from employment may have a disparate impact on certain protected groups and therefore may be discriminatory. Employers are encouraged to consider each applicant's individual circumstances and relevance of any past criminal history to the job in question.

Question 13

The whistleblower provisions of Sarbanes-Oxley also apply to foreign citizens working abroad for foreign subsidiaries of U..corporations.

Accepted Answer

The answer of The whistleblower provisions of Sarbanes-Oxley also apply...

Question 14

The federal Employee Polygraph Protection Act of 1988 supports the right of private employers to require employees to take polygraph, or "lie detector," tests.

Accepted Answer

The federal Employee Polygraph Protection Act of 1988 generally prohibits most private employers from requiring employees to take polygraph tests for employment purposes, with certain exceptions such as security services and investigations.

Question 15

Affirmative action plans must be updated once in every six months and must contain an analysis of the employer's use of minors and senior citizens for each job category in the work force.

Accepted Answer

The statement is partially true, as affirmative action plans must be updated annually, but they are not required to contain an analysis of the employer's use of minors and senior citizens for each job category.

Question 16

Section 1983 of the Civil Rights Act is restricted to claims of intentional discrimination.

Accepted Answer

The answer of Section 1983 of the Civil Rights Act...

Question 17

Persons who are affected by alleged violations of the USERRA must file written complaints with the U..Attorney General.

Accepted Answer

Persons who are affected by alleged violations of the USERRA can file complaints with the Department of Labor's Veterans' Employment and Training Service (VETS), not the U.S. Attorney General.

Question 18

The Civil Rights Acts of 1866 and 1870 were intended to ensure that the newly freed slaves were granted the full legal rights of U..citizens.

Accepted Answer

The Civil Rights Acts of 1866 and 1870 were indeed intended to grant equal rights and legal protection to the newly freed slaves in the United States.

Question 19

Which of the following Sections prohibits two or more persons from conspiring to deprive a person or class of persons "of the equal protection of the laws, or of equal privileges and immunities under the law?"​

Accepted Answer

Section 1985(c) of the Civil Rights Act prohibits two or more persons from conspiring to deprive a person or class of persons "of the equal protection of the laws, or of equal privileges and immunities under the law." Section 1981(a) of the EEOC prohibits race discrimination in employment, while Section 1981(b) of the Age Discrimination Act prohibits age discrimination in employment. Section 1991 of the Gender Discrimination Act provides for remedies for victims of gender discrimination.

Question 20

Under Title VII, a person complaining of employment discrimination must file with any state or local EEO agency before taking their complaint to the federal Equal Employment Opportunity Commission.

Accepted Answer

The answer of Under Title VII, a person complaining of...

Quiz 11: Other EEO and Employment Legislation:federal and State Laws