Deck 3: Equal Employment Opportunity and Human Resources Management

Question 1

Women and minority groups are referred to as protected classes.

Answer 1

True

Question 2

Equal employment opportunity refers to actions required of employers to correct past discrimination against minorities.

Answer 2

False

Question 3

State and local governments are exempted from the provisions of the Civil Rights Act and Equal Employment law.

Answer 3

False

Question 4

Early nondiscrimination laws were ineffective in large part because they failed to give enforcement power to the agencies charged with upholding them.

Question 5

The courts ruled that the pay disparity between the sexes at Jaxon Corp. was illegal and ordered the company to remedy it. Jaxon Corp. cannot lower the wages of the higher-paid group in order to comply with the law.

Question 6

Training in and knowledge of equal employment opportunity (EEO) laws are essential for managers and supervisors because organizations can be held accountable and legally responsible for their managers' decisions.

Question 7

In her role as a manager at Encor Enterprises, Susie carries out certain discriminatory policies that are in place at the company. Susie cannot be sued for discrimination because she merely acts as an agent of her employer.

Question 8

Sarah is responsible for making sure that her employer's workforce is at parity with the relevant labor market. She accomplishes this by performing a workforce utilization analysis.

Question 9

Courts have defined business necessity as a practice that is necessary to the safe and efficient operation of an organization.

Question 10

There are seven production managers at Wallace Inc., four men and three women. All four men have higher salaries than the three women. Since the men have all been in the position longer than the women, Wallace Inc., has a legal justification for paying the men more.

Question 11

If people are regarded as having a disability, then they are protected under the Americans with Disabilities Act.

Question 12

Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or national origin.

Question 13

Several employees filed discrimination charges against ValuTech. If they cannot get satisfaction through the EEOC, they can appeal to the courts for a consent decree to remedy the situation.

Question 14

A women's apparel store may not refuse to hire a male for a job as a fitting room attendant.

Question 15

Employers are legally required to treat pregnancy the same way they treat any other medical disability.

Question 16

A religious organization that employs people of a specific religion is excluded from the coverage of the Civil Rights Act.

Question 17

The Civil Rights Act of 1964 established the Equal Employment Opportunity Commission.

Question 18

The Pregnancy Discrimination Act requires pregnancy leave dates to be based on the individual employee's ability to work. Therefore, managers are not permitted to mandate the dates for pregnancy leaves.

Question 19

The Equal Pay Act makes it illegal to discriminate against people in terms of the pay, employee benefits, and pension they earn based on their gender when they do equal work.

Question 20

The Equal Employment Opportunity Act of 1972 strengthened the enforcement power of the Equal Employment Opportunity Commission (EEOC).

Question 21

Quid pro quo sexual harassment occurs when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.

Question 22

Title VII of the Civil Rights Act provides employees with a statutory right to complete religious freedom in the workplace.

Question 23

Felton Corp. has two government contracts of $15,000 each. According to Executive Order 11246, Felton Corp. is required to develop an affirmative action plan.

Question 24

The bona fide occupational qualification (BFOQ) exception does not apply to discrimination based on national origin.

Question 25

A disabled person must have an obvious physical impairment or deformity to be considered disabled under the Americans with Disabilities Act.

Question 26

Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute quid pro quo sexual harassment.

Question 27

When using a selection test, employers must be able to prove that the test bears a direct relationship to success on the job.

Question 28

Felton Corp. will be found in violation of the Immigration Reform and Control Act, if it does not submit all completed Form I-9s to Immigration and Naturalization Service officers for approval.

Question 29

HR managers need not be concerned about state fair employment practice laws since they are usually less stringent and less comprehensive than federal laws prohibiting discrimination.

Question 30

The Uniform Guidelines on Employee Selection Procedures require validated procedures for selecting and promoting employees but do not apply to dismissal, transfer, or demotion.

Question 31

An employee at Felton Corp. finds jokes, pictures, or language used by others offensive. Felton Corp. may be guilty of sexual harassment because it has created a hostile environment.

Question 32

U.S. government-owned corporations are exempted from the Civil Rights Act of 1964.

Question 33

The Immigration Reform and Control Act requires employers to verify the legal rights of applicants to work in the U.S.

Question 34

Adverse impact refers to the unintentional rejection for employment, placement, or promotion of a significantly higher percentage of members of a protected class when compared with members of nonprotected classes.

Question 35

Jim has a medical condition that makes it difficult for him to stand for long periods of time, an essential part of his job. His employer would be making a reasonable accommodation for this disability if they reassign Jim to a vacant position.

Question 36

Proof of a direct relationship between selection instruments and performance must be established through validation studies by an independent firm.

Question 37

Employers are guilty of sexual harassment if they permit their customers to sexually harass their employees.

Question 38

The Civil Rights Act of 1964 allows employers to set different cut-off test scores on the basis of race and sex during the hiring process.

Question 39

Management at Felton Corp. were not aware that sexual harassment was taking place, but the victims demonstrated that they should have known. According to the Equal Employment Opportunity Commission (EEOC), in this situation the employer is guilty of sexual harassment.

Question 40

The Uniform Guidelines on Employee Selection Procedures were designed to help employers, labor organizations, employment agencies, and licensing boards comply with the requirements of federal laws prohibiting employment discrimination.

Question 41

The four-fifths rule applies when the number of employees from a protected class is less than four-fifths of the number of employees hired from the class with the highest selection rate.

Question 42

The Civil Rights Act of 1991 states that employees who are sent abroad to work for U.S.-based companies are protected by U.S. antidiscrimination legislation governing age and disability and Title VII of the Civil Rights Act of 1964.

Question 43

Marcus is a member of a protected group and was turned down for a position at Felton Corp. He has alleged that Felton has unintentionally discriminated against him based on this group membership. Marcus is pursuing an adverse impact claim.

Question 44

Ted is a 32-year-old white male. He was hired at the same time as Renee, a female, and Luis, a Hispanic male. All three are associates on the same work team, with similar job duties and comparable performance appraisals. This month, both Renee and Luis were promoted to senior associate, while Ted was not. Ted may have a claim of reverse discrimination against his employer.

Question 45

Affirmative action programs are required by all employers.

Question 46

No adverse impact exists if members of a protected class represent a significantly smaller percentage of the organization's workforce than the percentage found in the population of the surrounding community.

Question 47

Disparate treatment would arise when an employer hires men but not women with school-age children.

Question 48

The Griggs case established the principle that statistical disparity among protected class members must be made in comparison to the relevant labor market.

Question 49

An employee alleging discrimination can sue both the manager (or supervisor) of a company and the company itself because

A)the company provided EEO training to the manager.
B)the manager or supervisor functions as an agent of the company.
C)the protected classes are adequately represented in the company.
D)the Uniform Guidelines require an employer to conduct validity studies of its selection procedures.

Question 50

A factor that appears to have influenced the growth of Equal Employment Opportunity (EEO) legislation is

A)the changing attitudes of society at large.
B)the post-war baby boom.
C)a shortage of qualified labor.
D)an influx of illegal immigrants.

Question 51

A 35-year-old applicant who is denied employment based upon age may file a claim under the Age Discrimination in Employment Act if the organization hired a 21-year-old.

Question 52

Based on the Griggs case, requiring all salespersons to be six feet tall would have an adverse impact on Asians and women, limiting their employment opportunities.

Question 53

Twelve associates at Felton Corp. took a test administered by the firm to be promoted to senior associate. Eight men passed the test, but one man and three women failed it. Because no women passed the test, Felton Corp. did not promote any of the applicants and devised a new selection tool. The eight men who passed could bring a lawsuit against Felton Corp. based on the Ricci ruling.

Question 54

George filed a discrimination charge against his employer. While the case was pending, the employer subjected George to increased supervision to ensure that he was doing his job properly. The employer has improperly retaliated against George.

Question 55

Employers may be accused of reverse discrimination, or giving preference to members of protected classes, to the extent that unprotected individuals believe they are suffering discrimination.

Question 56

The Lilly Ledbetter Fair Pay Act states that the 180-day statute of limitations for filing an equal-pay lawsuit with the Equal Employment Opportunity Commission (EEOC) resets with each new discriminatory paycheck an employee receives.

Question 57

The work of the Equal Employment Opportunity Commission consists of formulating equal employment opportunity (EEO) policy and approving litigation involved in maintaining equal employment opportunity.

Question 58

The employment of individuals in a fair and nonbiased manner is called

A)reasonable accommodation.
B)equal employment opportunity.
C)civil rights policy.
D)diversity management.

Question 59

The Griggs case established the principle that employment selection practices must be related to job success.

Question 60

It is illegal for employers to deny sick leave for morning sickness or other pregnancy-related illnesses if sick leave is permitted for other medical conditions such as flu or surgical operations.

Question 61

Age discrimination does NOT exist when

A)older workers are excluded from critical work activities.
B)older workers are let go or reassigned because they are unable to perform assigned duties.
C)older workers are pressured to take early retirement.
D)older workers are terminated during downsizing.

Question 62

The Age Discrimination in Employment Act prohibits specific employers from discriminating against persons who are

A)40 years of age or older.
B)below 35 years of age.
C)below 28 years of age.
D)between 25 and 30 years of age.

Question 63

The Americans with Disabilities Act does NOT

A)require employers to make reasonable accommodation to disabled persons.
B)define disability as a physical or mental impairment that substantially limits one or more major activities.
C)provide protection for adjustment disorders.
D)protect people regarded as having disabilities.

Question 64

Which of the following employers are covered under the Civil Rights Act of 1964?

A)Organizations hiring Native Americans on or near a reservation
B)Bona fide, tax-exempt private clubs
C)Religious organizations employing persons of a specific religion
D)Labor unions having 15 or more members or employees

Question 65

Bona fide occupational qualifications can

A)be used to identify adverse impact.
B)be based on employer preference.
C)permit discrimination by an employer.
D)require reasonable accommodation on the part of the employer.

Question 66

The law that requires certain federal contractors to take affirmative action in hiring disabled individuals is

A)the Uniformed Services Employment and Reemployment Rights Act.
B)the Vietnam Era Veterans' Readjustment Assistance Act.
C)the Americans with Disabilities Act.
D)the Vocational Rehabilitation Act.

Question 67

The legislative act that bars discrimination in all HR activities, including hiring, training, promotion, pay, employee benefits, and other conditions of employment is known as the

A)Equal Pay Act of 1963.
B)Civil Rights Act of 1964.
C)Equal Employment Act of 1972.
D)Civil Rights Act of 1991.

Question 68

Anna filed a charge of employment discrimination. An EEOC investigation resulted in a determination to dismiss the charge. What could Anna do next?

A)Reach a settlement
B)Find reasonable cause
C)Achieve conciliation
D)File a suit herself

Question 69

A disability under the Americans with Disabilities Act of 1990 can be defined by all of the following EXCEPT

A)a physical or mental impairment that substantially limits one or more major activities.
B)conditions caused due to the demands of the work environment.
C)having a record of physical or mental impairment.
D)being regarded as having a physical or mental impairment.

Question 70

The law that enables people who enter the military for a total of five years to return to their private-sector jobs without risk of loss of seniority or benefits is

A)the Uniformed Services Employment and Reemployment Rights Act.
B)the Vocational Rehabilitation Act of 1973.
C)the Equal Employment Opportunity Act of 1972.
D)the Veterans' Readjustment Act.

Question 71

Ramon filed a discrimination charge against his employer. In what situation might he expect the EEOC to file a suit in Federal District Court?

A)If it is deferred to a state agency
B)If the two parties reach a settlement
C)If conciliation is unsuccessful
D)If the charges are dismissed

Question 72

Title VII provisions for religion

A)require employers to make reasonable accommodations for religious observance or practice.
B)do not permit religion to be a bona fide occupational qualification.
C)require employers to grant complete religious freedom in employment situations in accordance with the First Amendment.
D)require that the workplace be free from all religious expression.

Question 73

Elana filed a discrimination charge against her employer. While the case was still pending, she was transferred to a less desirable job. In this situation, the employer is engaging in

A)affirmative action.
B)retaliation.
C)reverse discrimination.
D)harassment.

Question 74

Which of the following would be able to use the Equal Pay Act as a basis for a pay discrimination complaint against an employer?

A)Someone over the age of 55
B)A woman
C)A Muslim
D)Someone who is black

Question 75

ValuTech offers a comprehensive training and mentoring program to its employees who are members of a protected class in order to provide them with more opportunities for advancement. ValuTech is engaging in

A)diversity management.
B)affirmative action.
C)reverse discrimination.
D)workforce utilization.

Question 76

Which of the following people would not fall under the broad definition of protected classes?

A)A 32-year-old black man
B)A 27-year-old white woman
C)A 58-year-old white man
D)A 40-year-old white man

Question 77

Major federal EEO laws have been enacted to prevent discrimination against groups of workers most often affected by unfair employment practices. These groups are referred to as

A)significant worker classes.
B)privileged classes.
C)protected classes.
D)equal employment classes.

Question 78

Which of the following is NOT a basis for a claim of age discrimination?

A)Excluding older workers from important work activities
B)Making positive changes in the performance evaluations of older employees
C)Selecting younger applicants over better-qualified older applicants
D)Reducing job duties and responsibilities of older employees

Question 79

Which of the following is not prohibited by Title VII of the Civil Rights Act of 1964?

A)Paying a woman less than a man for doing the same job
B)Promoting a white male over a black male on the basis of seniority
C)Refusing to hire Hispanics
D)Limiting training opportunities for men

Question 80

Employers that pay men and women a different salary are violating the Equal Pay Act only if the pay difference is a result of

A)seniority and expertise.
B)merit and experience.
C)performing tasks requiring same skills.
D)the quantity or quality of production.