Deck 19: E1nploy 1ncnt Discrhnination and Affir1native Action

Question 1

The Supreme Court has consistently held that states' rights prevail over civil rights.

Answer 1

False

Question 2

The Civil Rights Act of 1964 protects against sex discrimination people who have changed their sex.

Answer 2

True

Question 3

By definition,sexual harassment cannot take place between two parties of the same sex.

Answer 3

False

Question 4

Customer racial preference of employees is a justifiable reason for a firm to discriminate based on race.

Question 5

The Americans with Disabilities Act of 1990 was the most significant labor and employment statute to be enacted in the past 40 years.

Question 6

Age discrimination statues protect those people who are 50 years old and older.

Question 7

The Pregnancy Discrimination Act of 1978 requires employers to provide preferential treatment to pregnant women.

Question 8

The first antidiscrimination law in the United States was the Civil Rights Act of 1964.

Question 9

Governments have been faster than corporations in instituting protections for transgender employees.

Question 10

The category of people labeled as Hispanic is actually a very diverse group.

Question 11

One challenge for business will be to assimilate an increasingly diverse workforce.

Question 12

Either a man or a woman can be the victim of sexual harassment.

Question 13

Based on recent Supreme Court decisions,it is clear that affmnative action will be abolished in this decade.

Question 14

Researchers have recently determined that the lower pay women receive is due to the additional time they take off from the workforce,when compared to men.

Question 15

When people discuss affmnative action today,they are generally referring to some type of "hard" preferential hiring.

Question 16

Some affirmative action postures are noted as "soft" or "weak."

Question 17

Disparate impact forms of discrimination are not illegal if they are business- or job-related necessities.

Question 18

The American dream is based on equal opportunity.

Question 19

Inequality exists entirely because of racism.

Question 20

The Equal Employment Opportunity Commission receives and investigates employment discrimination charges and complaints.

Question 21

Major life activities include all of the following except

A)learning.
B)thinking.
C)concentrating.
D)golfmg.

Question 22

The entity that is authorized to file suits in federal district court against private sector employers is the

A)Interstate Commerce Commission.
B)Federal Trade Commission.
C)Equal Employment Opportunity Commission.
D)Federal Bureau oflnvestigation.

Question 23

The Rehabilitation Act of 1973,Section 503 prohibits job discrimination based on

A)being injury prone.
B)disability
C)physical limitations as a result of injury.
D)age.

Question 24

The concept of disparate impact is significant in employment law because it

A)created the four-fifths rule.
B)negates many of the earlier antidiscrimination laws.
C)runs counter to many traditional employment practices.
D)is the first common law regarding job discrimination.

Question 25

Title VII of the Civil Rights Act of 1964 prohibits discrimination in all the following except

A)hiring.
B)promotion.
C)in college admissions.
D)fringe benefits.

Question 26

Categories of people whose rights are in some way defended against discrimination are referred to as

A)protected groups.
B)minorities.
C)"special-needs" groups.
D)the privileged class.

Question 27

Title VII of the Civil Rights Act of 1964 banned discrimination based on all of these except

A)race
B)religion
C)weight
D)color

Question 28

As businesses have moved their sales online,advocates for people with disabilities have filed suit to

A)provide service in poor areas.
B)prevent advertising online.
C)make websites accessible to the disabled.
D)make housing available to the disabled.

Question 29

One of the big challenges related to employment discrimination in the 21st century will be

A)breaking the glass ceiling that bars males from reaching senior management positions.
B)keeping wages low and profits up.
C)fmding enough workers to fill lower-level positions.
D)the changing workforce composition.

Question 30

The Civil Rights Act of 1964 grew out of

A)Lyndon Johnson's "Great Society."
B)the protests and boycotts formed in the 1950s and 1960s.
C)slavery.
D)pressure from the Roman Catholic church.

Question 31

The primary objective of The Civil Rights Act of 1991 was to

A)add more categories of protected groups to The Civil Rights Act of 1964 defmitions.
B)add imprisornnent as a possible penalty for job discrimination.
C)provide increased financial damages and jury trials in cases of intentional discrimination.
D)authorize formation of the Equal Employment Opportunity Commission.

Question 32

The form of discrimination in which people are treated differently because of their race,color,religion,sex,or national origin is called

A)disparate treatment.
B)disparate impact.
C)Title VII discrimination.
D)stereotype discrimination.

Question 33

The ADA applies to all the following disabilities except

A)HIV.
B)minor impainnent oflife activities.
C)diabetes.
D)bad backs.

Question 34

The Equal Pay Act of 1963 prohibits discrimination in pay based on

A)age.
B)sex.
C)seniority.
D)skills.

Question 35

The form of discrimination in which fewer minorities are included in the outcome of a practice than would be expected by their numerical proportion is called

A)disparate treatment.
B)disparate impact.
C)Title VII discrimination.
D)stereotype discrimination.

Question 36

The EEOC defmes a disability as

A)anything that keeps a person from doing what an average person can do.
B)limits physical or mental capacities in any way.
C)a condition that substantially limits one or more of the employee's major life activities.
D)a state of mind that keeps a person from performing basic life functions.

Question 37

Title VII of the Civil Rights Act of 1964 prohibits discrimination in all of the following except

A)hiring and fning.
B)intelligence.
C)promotion
D)fringe benefits.

Question 38

A qualification that might ordinarily be argued as being a basis for discrimination,but a company can show is job related and necessary is called a

A)real and necessary distinction.
B)quasi-discriminatory factor.
C)bona fide occupational qualification.
D)discrimination waiver.

Question 39

The Americans with Disabilities Act of 1990 requires transportation and communication systems to

A)provide preferential hiring for the physically and mentally handicapped.
B)avoid job discrimination based mental disability.
C)allow free access for the disabled.
D)facilitate access for the disabled.

Question 40

The Civil Rights movement made people in the United States more aware of

A)continued slavery in the South and Southwest.
B)the plight of all people of color,not just blacks.
C)the economic inequality that existed between races in American at that time.
D)pay inequality between men and women.

Question 41

Asian Americans

A)African-Americans.
B)Asian-Americans.
C)Hispanics.
D)Arabs.

Question 42

The affmnative action posture that enlarges the pool of applicants and systematically favors minorities and women in actual decisions is called

A)passive nondiscrimination.
B)pure affmnative action.
C)affmnative action with preferential hiring.
D)hard quotas.

Question 43

Religious discrimination is becoming more common in the United States in large part because

A)Christianity seeks to be the dominant religion.
B)the separation of church and state has eroded.
C)religion and business don't mix.
D)changing immigration patterns are bringing more people with different religions to this country.

Question 44

Taking positive steps to hire and promote people from groups previously discriminated against is called

A)preferential hiring and firing policies.
B)affmnative action.
C)restitution action.
D)retributive justice.

Question 45

The term "Hispanics"

A)was created by the U.S.government.
B)applies to European people of Latin descent.
C)means people who share a common culture.
D)defmes the least diverse minority population.

Question 46

The principle that reparation is owed to the person or people harmed by an injustice is

A)distributive justice.
B)procedural justice.
C)contributive justice.
D)compensatory justice.

Question 47

The affirmative action posture that involves a concerted effort to enlarge the pool of applicants so that no one is excluded because of past or present discrimination is called

A)passive nondiscrimination.
B)pure affmnative action.
C)affmnative action with preferential hiring.
D)hard quotas.

Question 48

The Equal Pay Act of 1963

A)applies to pay differences based on seniority.
B)determines wages on the basis of quantities produced.
C)prohibits discrimination between men and women on the basis of sex in payment of wages.
D)applies to pay differences on the basis of merit.

Question 49

The affmnative action posture that specifies numbers or proportions of minority group members that must be hired is called

A)passive nondiscrimination.
B)pure affmnative action.
C)affmnative action with preferential hiring.
D)hard quotas.

Question 50

The idea that workers doing different jobs should receive the same pay if those jobs have equal inherent worth is called

A)pay equity.
B)comparable worth.
C)equal pay for equal work.
D)equitable compensation.

Question 51

The preferential treatment which may be afforded by affmnative action

A)only occurs in hard quota affirmative action.
B)is not given to anyone other than minorities and women.
C)is based on the principle of compensatory justice.
D)is the ideal method of selecting employees.

Question 52

One major difference between disparate treatment and disparate impact is

A)one is based on hatred.
B)one is intentional.
C)one is based on inaction.
D)there are no differences between them.

Question 53

The concept that preferential treatment for minorities and women leads to harms to other groups is called

A)compensatory justice.
B)reverse discrimination.
C)"what goes around comes around."
D)legalized discrimination.

Question 54

The affrrrnative action posture that involves a willingness to treat races and sexes alike is called

A)passive nondiscrimination.
B)pure affmnative action.
C)affmnative action with preferential hiring.
D)hard quotas.

Question 55

The Lily Ledbetter Fair Pay Act of2009

A)requires that women be paid the same as men for their work.
B)institutes a comparative value for the different kinds of work done by men and by women.
C)requires that pay be "fair" rather than equal.
D)resets the statute oflimitations clock each time a discriminatory paycheck is issued.

Question 56

The Rehabilitation Act of 1973,Section 503,applies to

A)all rehabilitation facilities.
B)rehabilitation facilities who have contracts with the federal government.
C)all employers who have contracts with the federal government.
D)all state employees.

Question 57

The standard of judicial rule that requires that the policy under review must meet a compelling government interest and must be narrowly tailored to meet the policy objectives is called

A)strict interpretation.
B)strict scrutiny.
C)strict construction.
D)strict standard.

Question 58

The general rule used to prove discrimination under the disparate impact concept is called the

A)four-fifths rule.
B)essential equality rule.
C)equal results rule.
D)evil intent rule.

Question 59

Sexual harassment

A)is a worldwide problem.
B)affects men and women in equal numbers.
C)is relatively easy to prove in courts.
D)is clearly defmed in the law.

Question 60

In the 1970's,women began to see that their workplace situation was no better than that of.

A)men.
B)African-Americans.
C)Asian-Americans.
D)older workers.

Question 61

Why do you suppose retaliation claims to the EEOC are at their highest?

Question 62

Briefly explain how reverse discrimination evolved from affirmative action.

Question 63

Explain the history and purpose of the Genetic Information Nondiscrimination Act.What is unique about it?

Question 64

What impact did a 2010 U.S.Supreme Court decision have on employee testing?

Question 65

Imagine that a female co-worker who is Latina is being sexually harassed by the man who supervises you both.
You've seen it several times.You've asked her to report it,but she doesn't want to say anything,for many reasons.However you know that she does not welcome the harassment.What would you do? Should you try to help her? If
you do,what are the risks for you?

Question 66

The diversity chair for the Society of Human Resource Management (SHRM)stated,"Race was the sacrificial lamb to launch diversity and make it palatable to corporate America." What does she mean?

Question 67

Describe the main differences between disparate treatment and disparate impact.

Question 68

Discuss the concept of color bias.Have you ever experienced this,or seen it happen?

Question 69

How are women faring in corporate America?

Question 70

The bill proposing the Workplace Religious Freedom Act would require which of the following?

A)employers to do more to accommodate religious beliefs.
B)permitting worship in the workplace.
C)employers to make accommodation for weight.
D)minimum cost to the employer.

Question 71

Defrne the terms "reasonable accommodation," "undue hardship," and "essential functions" as they relate to the
Americans with Disabilities Act of 1990.

Question 72

Summarize the history leading up to the Civil Rights Act of 1964.

Question 73

Some companies are now specifically including white males in their diversity programs.Evaluate the wisdom and propriety of this idea.

Question 74

Describe the two types of commonly recognized sexual harassment.

Question 75

Research the reasons men and women provide as to why the glass ceiling exists.Recount those reasons.Which seems more likely to you?

Question 76

"Operating against the continuing trends emphasizing civil rights is a growing sentiment against affmnative action." Explain this statement.