Question 1

_____ occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.

Accepted Answer

Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities. A facially neutral employment practice is one that lacks obvious discriminatory content yet affects one group to a greater extent than other groups, such as an employment test.

Question 2

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

Accepted Answer

There is an important distinction between disparate impact and disparate treatment discrimination. For there to be discrimination under disparate treatment, there has to be intentional discrimination. Under disparate impact, intent is irrelevant.

Question 3

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

Accepted Answer

According to the Civil Rights Act of 1991, once the plaintiff has made a prima facie disparate impact case, the burden of proof shifts to the defendant, who must show that the employment practice is a "business necessity." This is accomplished by showing that the practice bears a relationship with some legitimate employer goal.

Question 4

Under _____, intent is irrelevant.

Accepted Answer

Under disparate impact, intent is irrelevant. The important criterion is that the consequences of the employment practice are discriminatory.

Question 5

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

A bona fide occupational qualification is a job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job.

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

In a mixed-motive case, the defendant acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Question 7

Which of the following refers to an organization's efforts to make usable facilities readily accessible to individuals with disabilities?

Accepted Answer

Reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion. Making facilities readily accessible to and usable by individuals with disabilities is referred to as reasonable accommodation.

Question 8

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 is a possible victim of:

Accepted Answer

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status. If two people with the same qualifications apply for a job and the employer decides who to hire based on one individual's race or religion, the individual not hired is a victim of disparate treatment. Hence, Mohammad was a victim of disparate treatment.

Question 9

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

In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things. First, they show some statistical disparities between the composition of some group within the company compared to some other relevant group. Second, the plaintiff tries to show that there are individual acts of intentional discrimination that suggest that the statistical disparity is a function of the larger culture. Finally, the plaintiff usually tries to make the case that the promotion and/or pay procedures leave too much discretion to managers, providing the avenue through which their unconscious biases can play a part.

Question 10

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

Accepted Answer

The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (or 80%)of the hiring rate for the majority group.

Question 11

If a plaintiff feels that there are individual acts of intentional discrimination in his firm that 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?

Accepted Answer

In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things. First, they show some statistical disparities between the composition of some group within the company compared to some other relevant group. Second, the plaintiff tries to show that there are individual acts of intentional discrimination that suggest that the statistical disparity is a function of the larger culture. Finally, the plaintiff usually tries to make the case that the promotion and/or pay procedures leave too much discretion to managers, providing the avenue through which their unconscious biases can play a part.

Question 12

Goals and timetables in an affirmative action plan:

Accepted Answer

Goals and timetables in an affirmative action plan specify the percentage of women and minorities that an employer seeks to have in each job group and the date by which that percentage is to be attained. These are not to be viewed as quotas, which entail setting aside a specific number of positions to be filled only by members of the protected class.

Question 13

The _____ compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.

Accepted Answer

The utilization analysis compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply. For each job group, the employer must identify the percentage of its workforce with that characteristic (e.g., female)and identify the percentage of workers in the relevant labor market with that characteristic.

Question 14

Jane 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. Jane can sue her boss for _____.

Accepted Answer

Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways: quid pro quo and hostile working environment.

Question 15

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

Accepted Answer

If the OFCCP finds that the contractors or subcontractors are not complying with the executive order, then its representatives may notify the EEOC (if there is evidence that Title VII has been violated), advise the Department of Justice to institute criminal proceedings, request that the Secretary of Labor cancel or suspend any current contracts, and forbid the firm from bidding on future contracts. This penalty is called debarment and is the OFCCP's most potent weapon.

Question 16

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 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. Opposition refers to expressing to someone through proper channels that you believe that an illegal employment act has taken place or is taking place.

Question 17

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

Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities. A facially neutral employment practice is one that lacks obvious discriminatory content yet affects one group to a greater extent than other groups, such as an employment test.

Question 18

The written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a(n)_____.

Accepted Answer

The written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a list of action steps. The company's CEO must make it clear to the entire organization that the company is committed to reducing underutilization, and all management levels must be involved in the planning process.

Question 19

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 uses actual probability distributions to determine adverse impact. This analysis uses the difference between the expected representation (or hiring rates)for minority groups and the actual representation (or hiring rate)to determine whether the difference between these two values is greater than would occur by chance.

Question 20

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

At a prima facie level, a case for disparate treatment alleges that an individual is member of a protected group, was qualified for the job, and was turned down for the job, and the job remained open. For the employer to defend his position, he will need to offer a legitimate, nondiscriminatory reason for the employment decision or show a bona fide occupational qualification (BFOQ). In this scenario, Virgo dealt with building equipment that required a certified welder, and as Jason was not a certified welder, it was unable to hire him.

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

_____ occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.

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

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

Under _____, intent is irrelevant.

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:

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.

Which of the following refers to an organization's efforts to make usable facilities readily accessible to individuals with disabilities?

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.

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

If a plaintiff feels that there are individual acts of intentional discrimination in his firm that 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?

Goals and timetables in an affirmative action plan:

The _____ compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.

Jane 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. Jane can sue her boss for _____.

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

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?

The written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a(n) _____.

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?