Question 1

Employers primarily use bona fide occupational qualification (BFOQ) as a defense against charges of discrimination based on ________.

Accepted Answer

B)Employers use BFOQ mostly as a defense against charges of intentional discrimination based on age.However,Title VII provides that "it should not be an unlawful employment practice for an employer to hire an employee ...on the basis of religion,sex,or national origin in those certain instances where religion,sex,or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise."

Question 2

Which of the following is used by lawyers in disparate impact cases to show intentional disparate treatment?

Accepted Answer

D)Lawyers in disparate impact cases use disparate rejection rates,restricted policy approaches,and population comparisons to test whether an employer's policies or actions have the effect of unintentionally screening out disproportionate numbers of women or minorities.Lawyers use the McDonnell-Douglas test for showing (intentional)disparate treatment,rather than (unintentional)disparate impact.

Question 3

Which of the following involves comparing the percentage of the minority/protected group and white workers in an organization with the percentage of the corresponding group in the labor market?

Accepted Answer

C)The population comparisons approach compares (1)the percentage of Hispanic (or black or other minority/protected group)and white workers in the organization with (2)the percentage of the corresponding group in the labor market.

Question 4

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 most likely undermine the plaintiff's claim that Sanders is liable for the male employee's conduct?

Accepted Answer

C)If the male employee was required to take a sexual harassment course,then that action shows Sanders was making a reasonable attempt to stop the behavior.A hostile environment most likely existed if the male employee made threats and daily sexual advances that interfered with the plaintiff's job performance.

Question 5

Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear.The studio is using ________ as a justification for not considering women for the jobs.

Accepted Answer

D)An employer can claim that the employment practice is a bona fide occupational qualification (BFOQ)for performing the job.In this case,a specific gender is necessary for the job.

Question 6

The formula used by federal agencies to determine disparate rejection rates is based on a selection rate for any racial,ethnic,or sex group less than ________ percent of the rate for the group with the highest rate.

Accepted Answer

C)Federal agencies use a "4/5ths rule" to assess disparate rejection rates: "A selection rate for any racial,ethnic,or sex group which is less than four-fifths or 80% of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact,while a greater than four-fifths rate will generally not be regarded as evidence of adverse impact."

Question 7

Judy was up for a promotion at Simpson 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 Simpson Consulting?

Accepted Answer

D)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 8

Which of the following refers to the overall effect of employer practices that result in significantly higher percentages of members of protected groups being rejected for employment,placement,or promotion?

Accepted Answer

C)Adverse impact is the overall effect of employer practices that result in significantly higher percentages of members of protected groups being rejected for employment,placement,or promotion.

Question 9

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. All of the following are most likely relevant questions to address in this court case EXCEPT ________.

Accepted Answer

A)Disparate treatment relates to intentional discrimination,which is not directly important in this case.Firms decrease their liability in sexual harassment cases if they show that they have taken reasonable care to prevent sexual harassment through various actions,such as issuing a policy statement.Whether the co-worker is a U.S.citizen and Sanders is a U.S.entity are important in determining whether EEO laws are applicable.

Question 10

According to ________,an employer can claim that an employment practice is a bona fide occupational qualification for performing the job.

Accepted Answer

A)An employer can claim that the employment practice is a bona fide occupational qualification (BFOQ)for performing the job according to Title VII.Title VII provides that "it should not be an unlawful employment practice for an employer to hire an employee ...on the basis of religion,sex,or national origin in those certain instances where religion,sex,or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise."

Question 11

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

C)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 re-publish their sexual harassment policies frequently keep thorough records of complaints,and address sexual harassment issues during exit interviews are able to show that they took reasonable care to prevent sexual harassment.Disparate treatment refers to discrimination claims rather than sexual harassment claims.

Question 12

One of Alexis' male co-workers has been making sexually suggestive comments to Alexis about her clothing and her appearance,which makes Alexis feel uncomfortable at work.What is the first step Alexis should take to address the problem?

Accepted Answer

B)The first step Alexis should take is filing a verbal complaint with the harasser and the harasser's boss.After that,writing a letter to the accused and filing a report with the HR director are appropriate actions.Filing a complaint with the EEOC and consulting an attorney are the final steps to take if previous efforts have not improved the situation.

Question 13

All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________.

Accepted Answer

A)Establishing a sexual harassment policy that clarifies how to report complaints and investigating charges quickly are ways that employers can show that they took reasonable care to prevent and correct sexual harassment,which will minimize liability.Sexual harassment investigations should be conducted privately,and the information should not be made available to all employees.

Question 14

In which of the following jobs would gender most likely be appropriate to use as a BFOQ?

Accepted Answer

D)Gender may be a BFOQ for positions like actor,model,and restroom attendant requiring physical characteristics possessed by one sex.However,for most jobs today,it's difficult to claim that gender is a BFOQ.

Question 15

All of the following are ways that an employee or job applicant can show adverse impact EXCEPT ________.

Accepted Answer

B)The EEOC investigates charges of discrimination and frequently holds fact-finding conferences,so this would not be an option for employees or job applicants.Comparing disparate rejection rates,making population comparisons,and using the standard deviation rule are methods available to employees and applicants trying to show that an employer's procedures have an adverse effect on a protected group.

Question 16

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

Accepted Answer

B)Disparate treatment means intentional discrimination and "exists where an employer treats an individual differently because that individual is a member of a particular race,religion,gender,or ethnic group."

Question 17

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 18

Which defense requires showing that there is an overriding company-related purpose for a discriminatory practice and that the practice is therefore acceptable?

Accepted Answer

B)"Business necessity" is a defense created by the courts that requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable.It's not easy to prove business necessity because the Supreme Court made it clear that business necessity does not encompass such matters as avoiding an employer inconvenience,annoyance,or expense.

Question 19

Which of the following is a true statement regarding U.S.EEO laws and international employees?

Accepted Answer

D)U.S.EEO laws apply inside the U.S.when the employer is a U.S.entity and the employee is a foreigner legally authorized to work in the U.S.In some cases,U.S.laws may also apply to workers who are not authorized to work in the U.S.The laws do not apply to foreign citizens in jobs outside of the U.S.even when the employer is a U.S.entity.

Question 20

Which of the following tests for adverse impact involves demonstrating that the employer's policy either intentionally or unintentionally excludes members of a protected group?

Accepted Answer

D)The restricted policy approach means demonstrating that the employer's policy intentionally or unintentionally excluded members of a protected group.Lawyers use the McDonnell-Douglas test for showing (intentional)disparate treatment,rather than (unintentional)disparate impact.

Quiz 2: Equal Opportunity and the Law