Deck 3: Equal Employment Opportunity, Affirmative Action, and Workforce Diversity

Question 1

Which of the following is NOT true about the Age Discrimination in Employment Act?

A) provides for a trial by jury
B) applies to anyone age 40 or older
C) carries a criminal penalty provision
D) applies to firms with at least 10 employees

Answer 1

D
Explanation: D)The Act pertains to employers who have at least 20 employees but not 10.The ADEA provides for a trial by jury and carries a possible criminal penalty for violation.The law prohibits employer discrimination against anyone age 40 or older.

Question 2

You are a human resource manager with a large manufacturing firm.Yesterday you heard one of your recruiters ask an applicant the following question: "How old are you?" Would this be an employment standard to avoid? If this is an employment standard to avoid,what law or court decision is it based on?

A) No, it is an acceptable question.
B) Yes, Age Discrimination in Employment Act
C) Yes, Civil Rights Act of 1991
D) Yes, American with Disabilities Act

Answer 2

B
Explanation: B)The Age Discrimination in Employment Act (ADEA)prohibits employers from discriminating against individuals who are age 40 or older.Questions asked about an applicant's age or date of birth may be ill-advised.However,a firm may ask for age information to comply with the child labor law.For example,the question could be asked,"Are you under the age of 18?"

Question 3

According to Title VII of the Civil Rights Act of 1964,employers may not discriminate based on ________.

A) age
B) religion
C) disability
D) pregnancy

Answer 3

B
Explanation: B)Under Title VII,it is illegal for an employer to discriminate in hiring,firing,promoting,compensating,or in terms,conditions,or privileges of employment on the basis of race,color,sex,religion,or national origin.Other laws address discrimination based on age,disability,and pregnancy.

Question 4

Tom is a pilot for Southwest Airlines.According to court rulings,at what age must Tom retire from his job as a commercial pilot?

A) 55
B) 60
C) 65
D) 70

Question 5

Which act prohibits an employer from paying an employee of one gender less money than an employee of the opposite gender where the jobs require equal skills,effort,and responsibility and are performed under similar working conditions?

A) Walsh-Healey Act
B) Davis-Bacon Act
C) Fair Labor Standards Act
D) Equal Pay Act

Question 6

The burden of proving the necessity for a BFOQ rests entirely on the ________.

A) OFCCP
B) EEOC
C) employer
D) employee

Question 7

The Age Discrimination Act is administered by the ________.

A) Department of Justice
B) Department of Labor
C) EEOC
D) OFCCP

Question 8

Title VII of the Civil Rights Act applies to employers with ________ or more employees.

A) 15
B) 25
C) 50
D) 75

Question 9

You are an HR manager with a large manufacturing firm.Yesterday,you heard one of your recruiters ask an applicant the following question: "What is your religion?" Would this be an employment standard to avoid? If this is an employment standard to avoid,what law or court decision is it based upon?

A) No, it is an acceptable question.
B) Yes, Phillips v Martin Marietta Corporation
C) Yes, Griggs v Duke Power Company
D) Yes, Civil Rights Act of 1964

Question 10

Although equal employment opportunity has come a long way since the early 1960s,continuing efforts are required because some problems still exist.

Question 11

Which federal legislation is based on the Thirteenth Amendment to the U.S.Constitution?

A) Equal Pay Act of 1963
B) Civil Rights Act of 1866
C) Rehabilitation Act of 1973
D) Age Discrimination Act of 1967

Question 12

The Equal Pay Act permits pay distinctions to be made based on certain factors.Which of the following is NOT one of those factors?

A) gender
B) merit system
C) seniority system
D) production quality

Question 13

The Equal Employment Opportunity Commission (EEOC)possesses the authority to ________.

A) investigate and reconcile whether a claim of discrimination should be brought to a federal judge
B) notify legal authorities of illegal discrimination
C) investigate and reconcile charges of illegal discrimination
D) prove illegal discrimination in a court of law

Question 14

Legislation (federal,state,and local),Supreme Court decisions,and executive orders require both public and private organizations to tap the abilities of a workforce that was largely underused before the mid-1960s.

Question 15

What Supreme Court case ruled that discrimination charges must be filed within 180 days of the allegedly discriminatory pay decision?

A) Ledbetter v Goodyear Tire & Rubber Co., Inc.
B) Espinoza v Farah Manufacturing Company
C) Weber v Kaiser Aluminum Corporation
D) Albemarle Paper Company v Moody

Question 16

________ describes one of the notable exceptions to discrimination as covered by Title VII.

A) Gender in female-dominated jobs
B) Bona fide occupational qualification (BFOQ)
C) Age of females when age is unrelated to job performance
D) all of the above

Question 17

On which amendment to the U.S.Constitution was civil rights established?

A) Thirteenth Amendment
B) First Amendment
C) Fifth Amendment
D) Fourteenth Amendment

Question 18

What is the most significant regulation issued by EEOC?

A) Federal Guidelines on Discrimination
B) Uniform Guidelines on Employee Selection Procedures
C) Adverse Impact Selection Guidelines and Procedures
D) Universal Guidelines on Selection and Discrimination

Question 19

Which of the following agencies is responsible for enforcing Title VII?

A) Bureau of Labor Statistics
B) Department of Justice
C) EEOC
D) OFCCP

Question 20

The Age Discrimination Act differs from Title VII of the Civil Rights Act in that it ________.

A) provides for a trial by jury
B) does not cover exempt employees
C) is administered by the EEOC
D) does not pertain to employment agencies

Question 21

Kayla,who has dyslexia,is employed by a non-profit organization that has received a $90,000 federal grant.Which law most likely protects Kayla against employer discrimination?

A) Uniformed Services Employment Act of 1994
B) Civil Rights Act of 1991
C) Age Discrimination in Employment Act of 1967
D) Rehabilitation Act of 1973

Question 22

Hannigan Lumber employs 155 workers.One of the firm's former employees used the Civil Rights Act of 1991 to file and win a discrimination lawsuit against Hannigan Lumber.What is the maximum amount of punitive damages that the former employee could receive?

A) $50,000
B) $100,000
C) $200,000
D) $300,000

Question 23

All private employers who are subject to the ________ as amended with 100 employees or more must annually submit an EEO-1 report.

A) Civil Rights Act of 1964
B) Fair Labor Standards Act
C) Office of Federal Contract Compliance Programs
D) Executive Order 1115

Question 24

The Veterans Opportunity to Work Act (VOW)of 2011 makes it ________.

A) more likely that returning veterans would have to take a cut in pay when they return to their jobs
B) harder for veterans to return to their civilian employment after completing their military service
C) easier for employees who are veterans to pursue hostile work environment claims against employers
D) harder for employees who are veterans to pursue hostile work environment claims against employers

Question 25

All of the following are provisions of the Immigration Reform and Control Act of 1986 EXCEPT ________.

A) employers that hire illegal aliens could face criminal charges
B) illegal aliens denied employment visas for at least 180 days
C) illegal aliens denied federally funded welfare benefits
D) employment eligibility must be verified

Question 26

Title I of the Genetic Information Nondiscrimination Act (GINA)makes it unlawful to determine employee eligibility for participation in a company's ________.

A) training programs
B) group health plan
C) incentive pay system
D) all of the above

Question 27

The primary purpose of the Uniformed Services Employment and Reemployment Rights Act is to ________.

A) protect the jobs of National Guard members and Reservists
B) ensure that sufficient benefits are provided to war veterans
C) provide government jobs to National Guard members
D) help Reservists find new jobs after military service

Question 28

The Americans with Disabilities Act prohibits discrimination during ________.

A) recruitment and selection only
B) layoffs and leaves only
C) hiring and firing only
D) all employment practices

Question 29

Lisa believes she has been discriminated against by her employer and intends to file charges with the EEOC.Lisa must file the discrimination charges within ________ days of the alleged act; however,the time is extended to ________ days if a state or local agency becomes involved in the case.

A) 50; 100
B) 100; 200
C) 150; 300
D) 180; 300

Question 30

In 2008,the Americans with Disabilities Act Amendments Act ________.

A) excluded millions of people from the ADA's protection
B) narrowed the ADA's definition of "disability"
C) left the ADA's definition of "disability" unchanged
D) brought millions more people within the ADA's protection

Question 31

In the Uniformed Services Employment and Reemployment Rights Act (USERRA),the ________ ensures that a returning employee is not penalized for the time spent on active duty.

A) disparate treatment principle
B) adverse impact principle
C) equal protection principle
D) escalator principle

Question 32

Under the Rehabilitation Act,if the contract or subcontract exceeds ________,or if the contractor has ________ or more employees,a written affirmative action program must be prepared.

A) $25,000; 25
B) $50,000; 50
C) $100,000; 100
D) $250,000; 250

Question 33

The Rehabilitation Act is administered by the ________.

A) Department of Labor
B) Department of Justice
C) Equal Employment Opportunity Commission
D) Office of Federal Contract Compliance Programs

Question 34

Which act codified the concepts of business necessity and job related?

A) Immigration Act of 1990
B) Americans with Disabilities Act of 1990
C) Civil Rights Act of 1978
D) Civil Rights Act of 1991

Question 35

Anita is applying for a job with Greyhound Bus to work as an intercity bus driver.According to a 1974 court ruling regarding Greyhound,Anita must be age ________ or younger.

A) 35
B) 45
C) 55
D) 65

Question 36

Which law amended the Civil Rights Act of 1964 and provided appropriate remedies for intentional discrimination in the workplace?

A) Age Discrimination in Employment Act of 1967
B) Americans with Disabilities Act of 1990
C) Rehabilitation Act of 1973
D) Civil Rights Act of 1991

Question 37

When EEOC regulations conflict with state or local civil rights regulations,which will be followed?

A) federal laws
B) state laws
C) local laws
D) the law that favors women and minorities

Question 38

Holly,an IT specialist at a bank,is eight months pregnant and experiencing some medical complications.As a result,Holly's doctor has ordered Holly to remain home on bed rest for the last month of her pregnancy.According to the Pregnancy Discrimination Act,Holly is entitled to receive ________.

A) disability benefits
B) flexible benefits
C) scheduling options
D) early retirement

Question 39

Which law establishes criminal and civil sanctions against employers who hire an individual knowing he or she is an unauthorized alien?

A) Illegal Immigration Reform and Immigrant Responsibility Act
B) Immigration Reform and Control Act
C) Homeland Security Act
D) Rehabilitation Act

Question 40

The ________ is a requirement designed to ensure that a soldier who is a returning employee is not penalized for the time spent on active duty.

A) protection principle
B) universal principle
C) escalator principle
D) temporary principle

Question 41

The Americans with Disabilities Act Amendments Act of 2008 limits the definition of "disability," so that fewer applicants and employees are eligible for reasonable accommodations.

Question 42

What is the purpose of the EEOC? What is the relationship between Title VII and the EEOC?

Question 43

In the event that the EEOC issues a probable cause statement in response to a claim of employment discrimination,the next step involves ________.

A) requiring that the employer provide affected employee(s) with a monetary award
B) a review for litigation potential
C) attempted conciliation
D) fining the employer

Question 44

According to the Uniform Guidelines,any instrument or procedure used in the selection decision is considered a(n)________.

A) disparate tool
B) appraisal
C) necessity
D) test

Question 45

The 1974 Seventh Circuit Court ruled that Greyhound did not violate the ADEA when it refused to hire persons 35 years of age or older as intercity bus drivers.

Question 46

Assuming that adverse impact is shown,what are the two avenues available to employers if they still desire to use a particular selection standard?

A) validation of a selection test, establishing a bona fide occupational qualification (BFOQ)
B) validation of a selection test, establishing that the employer did not intend to illegally discriminate against employees
C) validation of a selection test, establishing business necessity
D) none of the above

Question 47

The Rehabilitation Act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of $100,000.

Question 48

The Pregnancy Discrimination Act prohibits discrimination in employment based on pregnancy,childbirth,or related medical conditions.

Question 49

The 1986 Immigration Reform and Control Act (IRCA)established criminal and civil sanctions against employers who knowingly hire unauthorized aliens.

Question 50

The Equal Employment Opportunity Commission administers the Rehabilitation Act of 1973.

Question 51

Which two groups have the primary responsibility to ensure equal employment opportunity?

A) government agencies (Department of Labor and EEOC) and employees
B) government agencies (Department of Labor and OFCCP) and employers
C) government agencies (EEOC and OFCCP) and employees
D) government agencies (EEOC and OFCCP) and employers

Question 52

Most EEOC charges are settled through a no-fault settlement.

Question 53

The United States Department of Labor (USDL)ensures that employers doing business with the federal government comply with nondiscrimination and affirmative action laws.

Question 54

Denise,an accounts manager for a restaurant chain,has filed a discrimination charge with the EEOC.What is the most likely next step in the EEOC process?

A) EEOC conducts an investigation.
B) EEOC attempts a no-fault settlement.
C) EEOC recommends proceeding with litigation.
D) EEOC attempts to reach a conciliation between the parties.

Question 55

The Uniform Guidelines adopted a ________ approach in assessing whether a firm's employment practices are discriminatory.

A) process fairness
B) bottom-line
C) distributive fairness
D) compensatory

Question 56

The Age Discrimination in Employment Act of 1967 prohibited employers from discriminating against individuals who were 40 to 50 years old.

Question 57

Which Supreme Court decision upheld that the company discriminated against two white workers who filed a claim of discrimination because they were terminated,but not a black employee,who was also accused of misappropriating company property?

A) Phillips v Martin Marietta Corporation
B) McDonald v Santa Fe Trail Transportation Company
C) Espinoza v Farah Manufacturing Company
D) Weber v Kaiser Aluminum and Chemical Corporation

Question 58

After the EEOC has completed its investigation,what will it issue?

A) a substantial fine to the employer if probable cause is found
B) a probable cause or a no probable cause statement
C) a mandate to file a discrimination claim in a court of law if probable cause is found
D) a mandate that the employer provide training to managers and supervisors to prevent illegal employment discrimination

Question 59

The most common complaint brought to the Equal Employment Opportunity Commission (EEOC)are charges of discrimination based on ________.

A) sex
B) age
C) race
D) disability

Question 60

Adverse impact is said to occur if women and minorities are not hired at the rate of at least ________ of the best-achieving group.

A) 90 percent
B) 51 percent
C) 80 percent
D) 30 percent

Question 61

In a brief essay,explain the concepts of disparate treatment and adverse impact.

Question 62

According to the Uniform Guidelines,test validation is essential only when selection devices produce ________.

A) adverse impact
B) systemic discrimination
C) racial discrimination
D) disparate treatment

Question 63

Elway Tire Company is a large manufacturing firm based in Texas.The highly diverse workforce at Elway requires the HR managers to ensure that all employment practices comply with local,state,and federal laws.Elway is expanding its operations and has recently hired 400 new technicians,of whom 300 were white and 100 were Hispanic.There were 1,500 qualified applicants for the jobs,of whom 1,000 were white and 500 were Hispanic.The HR manager needs to determine if adverse impact exists.Which of the following is a true statement given the facts provided?

A) Both adverse impact and disparate treatment exist.
B) Adverse impact cannot be determined.
C) Adverse impact does not exist.
D) Adverse impact exists.

Question 64

Adverse impact occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

Question 65

Adverse impact is determined through application of ________.

A) affirmative action programs
B) the four-fifths rule
C) previous court decisions
D) EO 11246.

Question 66

Prior to the issuance of the Uniform Guidelines,the only way to prove job relatedness was through ________.

A) test validation
B) adverse impact
C) four-fifths rule
D) court litigation

Question 67

What term means that an employer treats some people less favorably than others because of race,religion,sex,national origin,or age?

A) adverse impact
B) disparate treatment
C) overt discrimination
D) unintentional discrimination

Question 68

Executive Order 11478 is most like which of the following laws?

A) Title II of the Americans with Disabilities Act
B) Title VII of the Civil Rights Act of 1964
C) Title VII of the Civil Rights Act of 1991
D) Title I of the Genetic Information Nondiscrimination Act

Question 69

How can age be a BFOQ? Provide specific examples in your answer.

Question 70

President Bill Clinton amended Executive Order 11478 by adding ________ to the list of protected classes.

A) age
B) sexual orientation
C) disabilities
D) genetic predisposition for disabilities

Question 71

As an HR manager,which of the following would most likely help you make legal employment decisions?

A) NACElink Network
B) Job Analysis Software
C) Uniform Guidelines
D) Shared Service Center

Question 72

During 2010,400 people were hired for a particular job.Of the total,300 were white and 100 were black.There were 1,500 applicants for these jobs,of whom 1,000 were white and 500 were black.Compute for adverse impact.Does adverse impact exist?

A) .76, Yes
B) .85, No
C) .66, Yes
D) .89, No

Question 73

Elway Tire Company is a large manufacturing firm based in Texas.The highly diverse workforce at Elway requires the HR managers to ensure that all employment practices comply with local,state,and federal laws.Elway is expanding its operations and has recently hired 400 new technicians,of whom 300 were white and 100 were Hispanic.There were 1,500 qualified applicants for the jobs,of whom 1,000 were white and 500 were Hispanic.The HR manager needs to determine if adverse impact exists.Which of the following is a true statement given the facts provided?

A) Whites and Hispanics were determined to be equally achieving.
B) Whites were determined to be adversely impacted in hiring.
C) Hispanics were determined to be the least-achieving group.
D) Hispanics were determined to be the best-achieving group.

Question 74

The Office of Federal Contract Compliance Programs (OFCCP)is very specific about what should be included in a(n)________.

A) affirmative action plan
B) non discrimination statement
C) hiring plan
D) OFCCP report on selection tests

Question 75

In 1998,President Bill Clinton included ________ as a protected class in government executive orders.

A) ethnicity
B) disabilities
C) sexual orientation
D) religion

Question 76

The Uniform Guidelines provide a single set of principles to assist employers in complying with federal prohibitions against discriminatory employment practices.

Question 77

Affirmative action programs involve hiring women or minorities ________.

A) in equal numbers
B) according to local and state quotas
C) according to existing Executive Orders
D) in proportion to their representation in the relevant labor market

Question 78

Which Executive Order amended EO 11246 and changed the word creed to religion and added sex discrimination to the other prohibited items?

A) EO 11838
B) EO 10988
C) EO 11375
D) EO 11102

Question 79

Which term refers to a directive issued by the president that has the effect of a Congressional law?

A) presidential citation
B) executive order
C) executive mandate
D) administrative directive

Question 80

Which of the following occurs if women and minorities are not hired at the rate of at least 80% of the best achieving group of applicants?

A) disparate treatment
B) negligent hiring
C) geocentric staffing
D) adverse impact