Question 1

______ is a qualification that is absolutely required in order for an individual to be able to successfully do a particular job.

Accepted Answer

Bona fide occupational qualification (BFOQ) refers to a qualification that is absolutely necessary for a job, based on the nature of the job itself.

Question 2

______ exists when the level of difficulty for an organization to provide accommodations,determined by looking at the nature and cost of the accommodation and the overall financial resources of the facility,becomes a significant burden on the organization.

Accepted Answer

Undue hardship is a legal term used to describe circumstances in which an organization cannot reasonably provide accommodations without experiencing significant difficulty or expense. This term is often used in the context of disability accommodations, but can apply to other types of accommodations as well. In order to demonstrate undue hardship, an organization must show that it has carefully considered all possible accommodations, and that providing the requested accommodation would cause a significant impact on the organization's financial or operational resources.

Question 3

Acme Global would most likely not be guilty of disparate treatment based on gender if it were to require applicants to be male when hiring a ______.

Accepted Answer

Requiring applicants to be male when hiring for a bathroom attendant could be considered a bona fide occupational qualification (BFOQ) if the attendant is for a men's bathroom, where gender could be a legitimate requirement for privacy and effectiveness of the role. For other positions like salesperson, marketing director, or mailroom clerk, gender does not impact one's ability to perform the job, making such a requirement likely discriminatory.

Question 4

______ exists when a particular practice is necessary for the safe and efficient operation of the business and when there is a specific business purpose for applying a particular standard that may,in fact,be discriminatory.

Accepted Answer

Business necessity refers to the legal doctrine that allows employers to implement certain practices or standards in order to ensure safe and efficient operations, even if those practices or standards may have a disparate impact on certain individuals or groups. However, to justify such practices, employers must demonstrate that they are necessary for the business to operate effectively and that there is no alternative way to achieve the same goal that would be less discriminatory.

Question 5

______ are monetary damages awarded by the court that compensate the injured person for losses.

Accepted Answer

Compensatory damages are monetary awards given by the court to compensate the injured person for their losses. This can include compensation for things such as medical expenses, lost wages, and pain and suffering.

Question 6

In general,only the ______ can bring a federal suit alleging a pattern or practice of discrimination.

Accepted Answer

The attorney general is the only one who can bring a federal suit alleging a pattern or practice of discrimination. Governors, offices of compliance, and police do not have the authority to bring such a lawsuit.

Question 7

______ are the fundamental duties of a job including things that are done routinely and frequently.

Accepted Answer

Essential functions are the fundamental duties of a job that are necessary for the position and are done routinely and frequently. These duties cannot be removed without changing the nature of the job.

Question 8

When hiring clerks for the mail room,Acme Global required applicants to take a sorting ability test.The test screened out many more Caucasian job candidates than it did African American job candidates.The test appears to cause ______.

Accepted Answer

Disparate impact occurs when a seemingly neutral practice or policy has a disproportionate impact on a protected group. In this case, the sorting ability test is having a greater impact on Caucasian job candidates than African American ones, indicating a possible disparate impact. Disparate treatment refers to intentional discrimination, which is not necessarily the case here since the test itself is not discriminatory, but the impact it has may be. Illegal discrimination would refer to any form of discrimination that violates federal or state laws, which is not clear from the given scenario. Divergent impact is not a valid legal term.

Question 9

______ occurs when a person or group engages in a sequence of actions over a significant period of time that is intended to deny the rights provided by Title VII of the Civil Rights Act of 1964 to a member of a protected class.

Accepted Answer

Pattern or practice discrimination is the term used to describe a situation where a person or group engages in a sequence of actions over a significant period of time that is intended to deny the rights provided by Title VII of the Civil Rights Act of 1964 to a member of a protected class. This type of discrimination is often more difficult to prove than a single incident of discrimination but can have a greater impact on individuals and society as a whole.

Question 10

Acme Global is looking to hire wind turbine engineers.Because of the field work,Acme Global wants to advertise for young workers who can work to repair giant turbines.If they do so,their advertisement would likely be a violation of the ______.

Accepted Answer

The Age Discrimination in Employment Act prohibits discrimination against individuals who are 40 years of age or older in employment. By advertising for "young" workers, Acme Global would be excluding older workers from consideration, which would be a violation of this act. The Americans with Disabilities Act and Rehabilitation Act provide protection against discrimination based on disability, and Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, or national origin. While these acts are also important in preventing discrimination, they are not applicable in this scenario.

Question 11

Rebecca has diabetes and is considered disabled under the Americans with Disabilities Act.Her boss allows her to take breaks to eat,to take her medication,and to test her blood-sugar levels.These actions by her employer are ______.

Accepted Answer

The employer's actions of allowing Rebecca to take breaks to eat, take her medication, and test her blood-sugar levels are considered reasonable accommodations under the Americans with Disabilities Act. This is because the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities, which can include modifications to the work environment, job duties, or work schedule, as long as it doesn't create an undue hardship for the employer. In this case, allowing Rebecca to take breaks to manage her diabetes is a reasonable accommodation that allows her to perform the essential functions of her job. It's not illegal discrimination, compensatory damages, or a bona fide occupational qualification.

Question 12

According to the Americans with Disabilities Act,a(n)______ is made by an employer to allow someone who is disabled but otherwise qualified to do the essential functions of a job to be able to perform that job.

Accepted Answer

According to the Americans with Disabilities Act, a reasonable accommodation is a modification or adjustment made by an employer to allow someone who is disabled but otherwise qualified to do the essential functions of a job to be able to perform that job. This can include things like providing assistive technology, modifying work schedules or tasks, or making physical changes to the workplace.

Question 13

______ job functions are those that may be performed on the job but need not be performed by all holders of the job.

Accepted Answer

Marginal job functions are those that are not essential to the job but may be performed by some employees. Examples of marginal job functions include attending meetings, running errands, or filling out paperwork. Marginal job functions can sometimes be used to determine the essential functions of a job, as they help to differentiate between tasks that are necessary and those that are not.

Question 14

______ occurs when an officially neutral employment practice disproportionately excludes the members of a protected group; it is generally considered to be unintentional,but intent is irrelevant.

Accepted Answer

Disparate impact occurs when an employment practice that is officially neutral on its face has a disproportionate impact on members of a protected group. The intent behind the practice is irrelevant; what matters is the effect that it has.

Question 15

The Age Discrimination in Employment Act of 1967 (ADEA)prohibits discrimination against employees age ______ or older and restricts mandatory retirement.

Accepted Answer

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employment discrimination against persons 40 years of age or older.

Question 16

______ are monetary damages awarded by the court that are designed to punish an injuring party that has intentionally inflicted harm on others.

Accepted Answer

Punitive damages are designed to punish an injuring party for intentional harm inflicted on others, and are often awarded in addition to compensatory damages. Undue hardship refers to circumstances that would make it excessively difficult or costly for a party to fulfill a legal requirement, affirmative actions are measures taken to promote equal opportunity for underrepresented groups, and reasonable damages are monetary awards intended to compensate a plaintiff for losses caused by a defendant's actions.

Question 17

A Methodist church sought to hire a pastor for its new church.When a member of the Catholic faith applied for the job,the church rejected the application.The church's defense was that being Methodist was ______.

Accepted Answer

The best choice is D - a bona fide occupational qualification. This defense allows an employer to hire or reject an individual based on their religious affiliation if the employer can prove that it is reasonably necessary to the normal operation of that particular business. In this case, the church can argue that being Methodist is a necessary qualification for the pastor of a Methodist church.

Question 18

According to the Americans with Disabilities Act,a(n)______ is a physical or mental impairment that substantially limits one or more major life activities,a record of having such an impairment,or being regarded as having such an impairment.

Accepted Answer

The definition provided in the question is that of a disability, which is the correct answer. Essential functions and job relatedness are related to job analysis and are not relevant to defining a disability. Reasonable accommodation is a requirement under the ADA to accommodate individuals with disabilities in the workplace, but it is not a definition of what qualifies as a disability under the law.

Question 19

______ exists when a test for employment is a legitimate measure of an individual's ability to do the essential functions of a job.

Accepted Answer

Job relatedness refers to the extent to which a test or selection procedure measures the knowledge, skills, abilities, and other characteristics (KSAOs) needed to perform the essential functions of a job. If a test has high job relatedness, it is a legitimate measure of an individual's ability to perform the job and does not discriminate against any protected groups.

Question 20

Jack allowed a male employee paid time off work to contest a speeding ticket in court.When a female employee asked for similar time off to contest her ticket,Jack refused.He said there was no point in allowing a woman to contest a driving ticket.Jack's actions likely constitute ______.

Accepted Answer

Jack's actions constitute disparate treatment, which is when an employer treats an employee differently based on their protected characteristic such as sex, race or religion. In this case, he treated the male employee differently than the female employee based on their gender.

Quiz 3: The Legal Environment and Diversity Management