Deck 2: The Legal Environment

Question 1

Disparate impact occurs when an employer knowingly practices illegal discrimination.

Answer 1

False

Question 2

The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Procedures are the two primary regulatory agencies for enforcing employment legislation.

Answer 2

True

Question 3

Sexual harassment is defined by the Equal Employment Opportunity Commission as unwelcome sexual advances in the work environment.

Answer 3

True

Question 4

The _____ prohibits discrimination against employees who are 40 years or older.

A) Americans with Disabilities Act
B) Age Discriminationand Employment Act
C) Civil Rights Act
D) Equal Employment Opportunity Act
E) Age Discrimination Act

Question 5

Which of the following is stated byTitle VII of the Civil Rights Act of 1964?

A) It states thatthat apregnant woman should be treated like any other employee inthe workplace.
B) It states that, for the purposes ofdeciding who receives federal benefits, marriage is defined asonly between a man and a woman.
C) It states that it is legal to differentiate pay for maleand female employees doing essentially the same job.
D) It statesthat even if a condition like race,sex, or other personalcharacteristic legitimatelyaffects a person's abilityto perform a job, it cannot be used asa legal requirement forselection.
E) It states thatit is illegal for an employer to refuse to hireany individual with respectto any aspect of the employment relationship on the basisof that individual's religious beliefs.

Question 6

Title VII of the Civil Rights Act of 1964created the Equal Employment Opportunity Commission.

Question 7

Quid pro quo sexual harassment typically involves:

A) inviting a coworker to join a potluck.
B) sexual favors in exchange for something of value.
C) making jokes about a particular gender.
D) decoratingthe work environment with inappropriate photographs.
E) the process of bringing the perpetrators of sexual harassment to book.

Question 8

Both AIDS and HIV are covered by the Americans with Disabilities Act.

Question 9

Executive Order 11478 requires:

A) writtenaffirmative action plans from those organizations withcontracts greater than $50,000.
B) the federal government to baseall of its own employment policies on merit and fitness.
C) thatcontractors of thefederal government receiving more than $2,500 a year fromthe government engage in affirmative action for disabled individuals.
D) that federal contractors take affirmative action toward employing Vietnam-eraveterans.
E) employers having more than fifty employees to provideas many as 12 weeks unpaid leave for employees afterthe birth or adoption of a child

Question 10

Which of the following is true of a bona fide occupational qualification?

A) It is applicable only to members of a protected class.
B) It is a form of disparate treatment that occurson a classwide or systemic basis.
C) It permits an employer to discriminate against applicants on the basis of sex for business necessities.
D) It cannot be used by employers to discriminate against applicants on the basis of age.
E) It is a type of affirmative action that actively seeks qualified applicants fromgroups underrepresented inthe workforce.

Question 11

The Equal Pay Act requires companies to pay men and women the same compensation for performing equal work.

Question 12

The Civil RightsAct of 1991 was passed as a direct amendment of Title VIIof the Civil Rights Act of 1964.

Question 13

Which of the following is NOT covered by the Americans with Disabilities Act?

A) Mental retardation
B) Learning disability
C) Paralysis
D) Substance abuse
E) Heart disease

Question 14

Which of the following is necessary for establishing a prima facie case of discriminationbased on theMcDonnell-Douglas test?

A) An applicant of a job need not necessarily be a member of a protected class.
B) A prima facie case of discriminationis established only by a female applicant against an organization.
C) It is mandatory for an applicant to prove that he or she is disabled to establish a prima faciecase of discrimination using the McDonnell-Douglastest.
D) An individual should be an employee of the organization against which a prima facie case of discrimination is charged.
E) An individual should prove that an organization continued to seek other applicants with the same qualifications.

Question 15

Which of the following is the third step in thelegal and regulatory environmentof human resource managementin the United States?

A) Enforcement of regulations
B) Modification of national regulations
C) Creation of regulations
D) Reestablishment of existing regulations
E) Practice of regulations

Question 16

A bona fide occupationalqualification (BFOQ)exception must be supported with a justified position of business necessity.

Question 17

The Pregnancy Discrimination Actspecifies that a woman can be refused a promotion simply because she is pregnant or has had an abortion.

Question 18

Which of the following is true of a utilization analysis?

A) It is done ​against an organization giving preferential treatmentto minority workers during a layoff.
B) ​It is a step taken by organizations to actively seekqualified applicants fromgroups underrepresented inthe workforce.
C) ​It compares the racial,sex, and ethnic compositionof an employer's workforceto that of theavailable labor supply.
D) It analyzes an organization's employee productivity in terms of output and the wages paid to those employees.
E) It is extensively used to curb ​the number ofage-discrimination complaints that seems to be growing rapidly.

Question 19

A local office supply business routinely hires younger workers for stock staff over older applicants because much of the work requires heavy lifting and good mobility.Which of the following is true in this case?

A) The company needs to show that the job requirements are a business necessity.
B) The company can be sued for illegal discrimination by a rejected applicant.
C) The company violates the Lilly Ledbetter Fair Pay Act of 2009.
D) The company policy is based onExecutive Order 11478.
E) The company is involved in disparate treatment against the older applicants.

Question 20

Disparate treatment occurs when two people are treated differently in similar situations based on a protected characteristic.

Question 21

The _____ is given the power to apply the Occupational Safety and Health Act standards and enforce its provisions.

A) Department of Justice
B) Office of Federal ContractCompliance Procedures
C) Department of Labor
D) Equal EmploymentOpportunity Commission
E) Department of Health

Question 22

The Vietnam Era Veterans' Readjustment Act of 1974 is enforced through the _____.

A) National Labor Relations Board
B) Equal EmploymentOpportunity Commission
C) U.S.Department ofJustice
D) Office of Federal ContractCompliance Procedures
E) U.S.Department of Labor

Question 23

The Occupational Safety and Health Act:

A) is enforced by the Equal EmploymentOpportunity Commission (EEOC).
B) requires employers tofurnisheach employee with a place of employment that is freefrom hazards.
C) is mostly applicable for industries related to the service sector.
D) does not require employers to keep records of illnesses and injuries thatoccur in the workplace.
E) stipulates that an organization withat least 100 employees must provide notice at least 60 daysin advance of plans toclose a facility.

Question 24

A construction company provides hard hats to employees working at a construction site.This measure taken by the company for its employees is a provision under the _____.

A) Worker Adjustment and Retraining NotificationAct
B) Taft-Hartley Act
C) Landrum-Griffin Act
D) Occupational Safety and Health Act
E) PATRIOT Act

Question 25

Which of the following is true of the Fair Labor Standards Act?

A) It establishedthe workweekin the United States as 40 hours per week.
B) It protectsemployee investments in their pensions and ensuresthat employees would be able to receive at least some pensionbenefits at the time of retirement.
C) It makes provisions only for daily work time.
D) It majorly makes provisions for full-time employees and ignores temporary workers.
E) It does not include provisions for child labor.

Question 26

_____ requires writtenaffirmative action plans from those organizations with contracts greater than $50,000.

A) The FairLabor Standards Act
B) Executive Order 13603
C) Executive Order 11246
D) Executive Order 11110
E) The Wagner Act

Question 27

The Drug-Free Workplace Act of 1988:

A) probihits the use of any drug in the workplace.
B) reduces the use of illegal drugs in the workplace.
C) probihits the use of alcohol in the workplace.
D) does not coverorganizations regulatedby the Departmentof Transportation.
E) was primarily passed for private employers.

Question 28

Jeffrey Inc., an animation company, asks job applicants to fill out a form for hereditary illness or health conditions experienced by the applicants or their family members.This is a breach of the _____.

A) GeneticInformation Nondiscrimination Act
B) Occupational Safetyand Health Act
C) Privacy Act
D) Worker Adjustment and Retraining NotificationAct
E) FairLabor Standards Act

Question 29

The ____ established the workweek in the United States as 40 hours per week.

A) Americans with Disabilities Act of 1990
B) Age Discrimination and Employment Actof 1967
C) Lilly Ledbetter Fair Pay Act of 2009
D) Employee Retirement IncomeSecurity Act of 1974
E) FairLabor Standards Act of 1938

Question 30

Which of the following laws allows law enforcement agencies to carry out investigations of potential terrorists without having to inform the targets of those investigations?

A) ​The Taft-Hartley Act
B) The Landrum-Griffin Act
C) The PATRIOT Act
D) The Occupational Safety and Health Act
E) The Civil Rights Act

Question 31

The Americans with Disabilities Act of 1990 requires companies to:

A) hire all applicants with a documented disability.
B) discriminate against those persons who have a disability.
C) hire a diversity consultant.
D) make reasonable accommodations for disabled individuals.
E) spend $100,000 per year on disability training.

Question 32

The _____ ensuresthat employees would be able to receive at least some pensionbenefits at the time of termination.

A) Labor Management Relations Act
B) Worker Adjustment and Retraining Notification Act
C) Employee Retirement IncomeSecurity Act
D) FairLabor Standards Act
E) National Labor Relations Act

Question 33

The _____ was passed toregulate union actions and their internal affairs in away that puts them on an equal footing with managementand organizations.

A) Taft-Hartley Act
B) Fair Practices Act
C) Wagner Act
D) Employee Retirement IncomeSecurity Act
E) Fair Labor Standards Act

Question 34

Which of the following is NOT true of the Family and Medical Leave Act of 1993?

A) The law requires an organization to pay thehealth-care coverage of employees during their leave.
B) The law,with thepassage of the Supporting Military Families Act,mandatesemergency leave for all covered active-duty members.
C) The law requires an organization toprovide employees with the same or comparable job upon return from unpaid leave.
D) The law requires employersto provide as many as 12 weeks of unpaid leave for employees after the birth or adoption of a child.
E) The law applies to those employees who have worked an average of 20 hours a week in the previous12 months.

Question 35

The _____ requires thatexecutive agencies and subcontractors and contractors of thefederal government receiving more than $2,500 a year fromthe government engage in affirmative action for disabledindividuals.

A) Occupational Safetyand Health Actof 1970
B) Union Relief Act of 2009
C) Vocational Rehabilitation Act of 1973
D) Family and Medical Leave Act of 1993
E) Americans with Disabilities Act of 1990

Question 36

The _____ prohibits employers from collecting information about an employee's family history of disease.

A) Age Discrimination and Employment Act
B) Pregnancy Discrimination Act
C) Family and Medical Leave Act
D) Americans with Disabilities Act
E) Genetic Information Nondiscrimination Act

Question 37

Which of the following is NOT true of theWorker Adjustment and Retraining NotificationAct of 1988?

A) The penalty for failing to comply with the act is equal to one day's pay plus benefits for each employeefor each day that notice should have been given.
B) It requires employers with more than fiftyemployees to provide as many as 12 weeks of paid leavefor employees in case of temporary closure of facilities.
C) The act provides forwarnings about pendingreductions in work hours.
D) Anorganization that closes aplant without any warningand lays off 1,000 employeeswould be liable for 60 daysof pay andbenefits for those1,000 employees.
E) It stipulates that an organization withat least 100 employees must provide notice at least 60 daysin advance of plans toclose a facility or lay off50 or more employees.

Question 38

Employees at Borders Bookstore recently held a strike to force their employer to negotiate a labor contract.Borders's employees possessed the right to do this because of the_____.

A) Taft-Hartley Act
B) National Labor Relations Act
C) Employee Retirement IncomeSecurity Act
D) Occupational Safety and Health Act
E) Fair Labor Standards Act

Question 39

Addison Inc.planned to close one of its plants due to a slump in its business.The closing was announced by the company managers on April 1 and took place 60 days after the announcement.In this case, the company conforms to the _____.

A) Fair Labor StandardsAct
B) Employee Retirement Income Security Act
C) Labor Management Relations Act
D) Occupational and Health Safety Act
E) Worker Adjustment and RetrainingNotification Act

Question 40

The Privacy Act of 1974:

A) ensures that federal employees can review their personnel files for accuracy.
B) allows law enforcement agenciesto use surveillance to gather information related to a fullrange of terrorist crimes.
C) prohibits employers from monitoringthe e-mail correspondence of employees at work.
D) mandates monitoring employees' behavior outside of work.
E) allows employers tocollect geneticinformation about their employees.

Question 41

Scenario 2.1
Tia's tamale factory employs 50 workers to make and ship food products all over the United States.The factory is located in a county where 60 percent of the residents are identified as people belonging to a protected class.Tia must hire an additional supervisor and despite her best efforts, she gets only three applicants: Conchita, a 35-year-old female; Sancho, a 17-year-old malebelonging to the protected class; and Maureen, a 48-year-old disabled woman.
Refer to scenario 2.1.Tia hires Sancho who pursues a distance education course.He requests his manager, Rachel, for leave for two weeks owing to the submission of aproject.Rachel decides to sanction his leave in return for a sexual favor and conveys the same to Sancho.This is an example of _____.

A) a hostile work environment
B) reverse discrimination
C) quid pro quo harassment
D) retaliation
E) disparate treatment

Question 42

Define a protected class under Title VII of the Civil Rights Act of 1964.When is a job qualification said to have a disparate impact on protected groups?

Question 43

Scenario 2.1
Tia's tamale factory employs 50 workers to make and ship food products all over the United States.The factory is located in a county where 60 percent of the residents are identified as people belonging to a protected class.Tia must hire an additional supervisor and despite her best efforts, she gets only three applicants: Conchita, a 35-year-old female; Sancho, a 17-year-old malebelonging to the protected class; and Maureen, a 48-year-old disabled woman.
Refer to Scenario 2.1.Suppose, Conchita and Maureen are equally qualified, and Tia decides to choose Maureen owing to her additional years of work experience, this action would most likely to be:

A) permissible under Executive Order 11246.
B) prohibited under Equal Protection Clause of the Fourteenth Amendment.
C) a violation of Title VII of the Civil Rights Act.
D) a violation of Title VII because the other employees are primarily Hispanic.
E) permissible under Title VII of the Civil Rights Actbecause the applicants were treated equally.

Question 44

Scenario 2.1
Tia's tamale factory employs 50 workers to make and ship food products all over the United States.The factory is located in a county where 60 percent of the residents are identified as people belonging to a protected class.Tia must hire an additional supervisor and despite her best efforts, she gets only three applicants: Conchita, a 35-year-old female; Sancho, a 17-year-old malebelonging to the protected class; and Maureen, a 48-year-old disabled woman.
Refer to Scenario 2.1.Suppose Tia hires Sancho and requires him to take a drug test because of safety issues on the job.Is Tia's requirement legal?

A) Yes.Tia can ask Sancho to take a drug test.
B) Yes.This is because men are more likely to use drugs than women in the workplace.
C) No.This would be against the FairLabor Standards Act.
D) No.This would violate the Americans with Disabilities Act.
E) No.This would violate the Age Discrimination and Employment Act.

Question 45

Scenario 2.1
Tia's tamale factory employs 50 workers to make and ship food products all over the United States.The factory is located in a county where 60 percent of the residents are identified as people belonging to a protected class.Tia must hire an additional supervisor and despite her best efforts, she gets only three applicants: Conchita, a 35-year-old female; Sancho, a 17-year-old malebelonging to the protected class; and Maureen, a 48-year-old disabled woman.
Refer to Scenario 2.1.Tia's workers are mostly women.If Tia believes that only a woman could fit in at the factory and eliminates Sancho's application, it will most likely be:

A) a discrimination on the basis of gender in violation of Title VIIof the Civil Rights Act.
B) a discrimination on the basis of age in violation of the Age Discrimination and Employment Act.
C) a case of disparate impact under the Civil Rights Act.
D) permissible because most of the local residents belong to the protected class.
E) permissible because Tia is a private employer.

Question 46

How does an organization evaluate its compliance with legal requirements?

Question 47

Summarize the Fair Labor Standards Act of 1938.

Question 48

What are the worker rights regulated by the National Labor Relations Act? How does this act differ from the Taft-Hartley Act and the Landrum-Griffin Act?

Question 49

Scenario 2.1
Tia's tamale factory employs 50 workers to make and ship food products all over the United States.The factory is located in a county where 60 percent of the residents are identified as people belonging to a protected class.Tia must hire an additional supervisor and despite her best efforts, she gets only three applicants: Conchita, a 35-year-old female; Sancho, a 17-year-old malebelonging to the protected class; and Maureen, a 48-year-old disabled woman.
Refer to Scenario 2.1.Suppose Conchita and Maureen are equally qualified, but Tia must spend an additional $10,000 to accommodate Maureen's disability at the workplace.To avoid the additional expense, Tia hires Conchita.It is likely that this action is:

A) lawful under theAmericans with Disabilities Actbecause the applicants were equally qualified.
B) unlawful under Title VII Civil Rights Actbecause the applicants were of different races.
C) lawful under theAmericans with Disabilities Actsince the accommodation was an undue hardship on Tia.
D) lawful under theAmericans with Disabilities Act (ADA).Maureen is not considered disabled under ADA because her disability is correctable with a wheelchair.
E) unlawful under the Age Discrimination and Employment Actbecause Conchita is younger than Maureen.

Question 50

Describe the two types of sexual harassment identified by the courts.