Deck 2: Equal Employment Opportunity

Question 1

Which of the following is not a basis for protection under federal laws?

A)military experience
B)age
C)gender
D)sexual orientation

Answer 1

D

Question 2

The ADA prohibits employment-related discrimination against _______________.

A)individuals with disabilities
B)employees who are pregnant
C)disabled Vietnam-era veterans
D)individuals unable to perform certain essential job functions

Answer 2

A

Question 3

A is a characteristic providing a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration.

A)4/5ths rule
B)business necessity
C)validity generalization
D)bona fide occupational qualification

Answer 3

D

Question 4

Which of the following types of organizations do not fall under Title VII?

A)public educational institutions
B)private employers of 15 or more persons
C)federal government departments
D)labor unions with 15 or more members

Question 5

The Equal Pay Act, enacted in 1963, requires employers to _______________.

A)pay similar wages for similar work without regard to gender
B)establish pay rates based upon merit rather than seniority
C)conduct wage and salary surveys to ensure pay equity
D)ensure that older employees are not discriminated against in compensation

Question 6

Executive orders requiring nondiscrimination by federal contractors are issued by:

A) President Of The United States
B) U.S.Department Of Labor
C) Office Of Federal Contract Compliance
D)federal Judges

Question 7

"Actions that are sexually directed, are unwanted, and subject the worker to adverse employment conditions or create a hostile work environment," is a definition of _______________.

A)quid pro quo discrimination
B)gender discrimination
C)sexual assault
D)sexual harassment

Question 8

Mapleton Fitness Center (MFC) wants to hire females to fill the female locker room attendant positions. Which of the following statements is most appropriate in this situation?

A)The Civil Rights Act of 1964 prohibits this kind of gender discrimination in hiring practices.
B)There is nothing wrong with MFC's hiring plan so long as the female locker room attendants are paid the same as their male counterparts.
C)MFC may hire female locker room attendants so long as there is not a disparate impact on the male population.
D)MFC would likely be able to substantiate this hiring plan on the argument of a bona fide occupational qualification.

Question 9

Which agency, created by the 1964 Civil Rights Act, has enforcement authority for Title VII, the portion of the Act that deals with employment?

A)The OFCCP
B)The EEOC
C)The U.S.Justice Department
D)The U.S.Civil Rights Commission

Question 10

The major provision of the Pregnancy Discrimination Act of 1978 was that _______________.

A)pregnant employees are to be given 12 weeks family leave without pay
B)pregnant employees are entitled to 12 weeks of paid maternity leave
C)maternity leave was to be treated the same as other personal or medical leaves
D)employers could not discriminate against employees based on family status

Question 11

A is the modification to a job or work environment that enables a qualified individual with a disability to enjoy equal employment opportunity.

A)job concessions
B)workplace essential job function
C)job modification
D)reasonable accommodation

Question 12

Borderline Cafeterias has discovered that most of its wait staff is white, while most of its kitchen staff is minority. When interviewed by the local news anchor, the CEO of Borderline Cafeterias said, "There has been no conscious or deliberate practice to staff the cafeterias in a discriminatory manner; it just happened to turn out this way." The CEO's argument is an example of _______________.

A)disparate treatment
B)blind discrimination
C)disparate impact
D)discriminatory intent

Question 13

Emily works for a small architecture firm with about a dozen employees. Emily has discovered that she is pregnant. Which of the following statements is true under the Pregnancy Discrimination Act?

A)If the employer has a medical leave program for other circumstances it must treat Emily's pregnancy the same way.
B)Emily has job protection when she returns from maternity leave if she is one of the firm's architects, but not if she is an hourly employee.
C)Emily has job protection when she returns from maternity leave if she is an hourly employee, and not one of the firm's architects, who are professionals on salary and thus not protected by the PDA.
D)Emily is not protected by the PDA.

Question 14

Under the Equal Pay Act a female doing the same work as a male____________.

A)must be paid the same salary and benefits as the male
B)must be paid the same unless the male employee has more seniority
C)may be paid less than the male if there are seniority differences
D)is not eligible for leave under the Family and Medical Leave Act

Question 15

Which of the following would be defined as retaliation under EEO laws?

A)A hospital demotes a radiology technician who has complained about ethnic discrimination.
B)An employer fires a supervisor who discriminates against a protected-class member.
C)A dismissed employee files a false complaint of discrimination with the EEOC.
D)The EEOC targets an employer with a history of unlawful discrimination.

Question 16

Plaintiffs filing cases of illegal discrimination against their employers have the burden of proof, which requires that they must be a protected class member and must prove that _______________.

A)disparate impact or disparate treatment existed
B)the employer retaliated against them because of their protected class status
C)the employer's actions were consistent with business necessity
D)the employer did not have a bona fide occupational qualification (BFOQ)

Question 17

A large commercial cleaning service in the Southwest requires all Hispanic applicants for supervisory positions to have a high school diploma from a U.S.high school, rather than a school in another country, such as Mexico. This is an example of _______________.

A)disparate treatment
B)a bona fide occupational requirement
C)disparate impact
D)a business necessity

Question 18

The fundamental job duties of the employment position that an individual with a disability holds or desires are called _______________.

A)job specifications
B)essential job functions
C)reasonable accommodations
D)minimum job requirements

Question 19

The Civil Rights Act of 1991 emphasized the importance of .

A)test reliability
B)affirmative action
C)business necessity
D)job descriptions

Question 20

A practice necessary for safe and efficient organizational operations is called a _______________.

A)4/5ths rule
B)business necessity
C)validity generalization
D)bona fide occupational qualification

Question 21

Quid pro quo harassment occurs when _______________.

A)the harassment has the effect of unreasonably interfering with work performance or psychological well-being
B)employment outcomes are linked to the individual granting sexual favors
C)intimidating or offensive working conditions are created
D)an employee demands sexual preference as a condition of employment

Question 22

Affirmative action consists of _______________ to specify how many of which types of individuals they hope to have in their workplaces in the future.

A)goals, methods of recruitment, and timetables
B)targets, methods of recruitment, and staffing policies
C)targets, staffing policies, and timetables
D)goals, targets, and timetables

Question 23

The Immigration Reform and Control Act _______________.

A)permits employers to hire only U.S.citizens
B)permits employers to require more documentation for some prospective employees than for others to ensure that illegal aliens are not hired
C)prevents employers from discriminating against undocumented aliens
D)makes it illegal for employers to knowingly hire illegal aliens

Question 24

Who is covered by Title VII of the 1964 Civil Rights Act?

A) federal agencies
B) state and local governments
C) all private employers
D) federal government contractors only

Question 25

What is the main reason workers are bypassing the normal retirement age of 65?

A)enhanced pensions
B)enthusiasm for work
C)desire to remain productive
D)economic conditions

Question 26

occurs when the individual's work performance or psychological well-being is unreasonably affected by intimidating or offensive working conditions.

A)Quid pro quo harassment
B)Sexual misconduct
C)Victimization
D)Hostile environment harassment

Question 27

An employer's defense in a sexual harassment complaint is aided when _______________.

A)the employer investigates and takes action when complaints are voiced
B)the employer immediately dismisses the alleged harasser
C)the victim is immediately transferred to another supervisor
D)the alleged harasser is moved to a work site remote from the complainant

Question 28

The Age Discrimination in Employment Act protects individuals over the age of _______________.

A)40
B)50
C)62
D)67

Question 29

Which statement is true about the Age Discrimination in Employment Act (ADEA)?

A)It requires employers to have affirmative action plans for older workers.
B)It covers only employees with vested pension rights.
C)It is the basis for an increasing number of discrimination charges.
D)It allows state employees to sue their states over age discrimination.

Question 30

Which of the following is not a recommended guideline employers should follow to guard against pay inequities?

A)Make sure to factor out benefits and other remuneration when comparing pay levels as there should be equity in base pay alone.
B)Benchmark against local and national markets so that pay structures are competitive.
C)Make sure employees know how the pay practices work.
D)Conduct frequent audits to ensure that pay is fair internally.

Question 31

Employers must consider all but which of the following as indicators of diversity?
a.Gender
b.Race.
c.Nationality
d. Cognitive Style

Question 32

To comply with Title VII of the Civil Rights Act of 1964 concerning religion, employers should _______________.

A)prohibit all religious expression in the workplace
B)ensure that one employee's religious expression does not interfere with other employees
C)establish a dress code that is "religion-neutral"
D)make reasonable accommodation of employees' religious beliefs

Question 33

Bobby Backache is a customer service representative in a call center. Bobby has a permanent injury to the back. He is only able to sit for one hour at a time, and then he seeks relief by standing for at least 30 minutes. Unfortunately, he works in a cubicle with a computer and headset 8 hours a day. Which of the following might be a reasonable accommodation for Bobby under the ADA?

A)Provide Bobby with 30-minute breaks after every hour of sitting.
B)Transfer Bobby to another position in which he is not tied to a cubicle and can stand more frequently.
C)Purchase Bobby a desk and chair which are adjustable by height.
D)Pair Bobby with a co-worker who can sit at his desk and type on the computer while Bobby is standing.

Question 34

The Older Workers Benefit Protection Act was passed to ensure that _______________.

A)pension plans were administered fairly regardless of an employee's age
B)employees are protected when signing liability waivers for age discrimination in exchange for severance packages
C)medical insurance would not be denied to retirees
D)companies fund retirement benefits in a financially-sound manner

Question 35

Executive orders requiring nondiscrimination by federal contractors are issued by:

A)the President of the United States
B)the U.S.Department of Labor
C)the Office of Federal Contract Compliance
E)federal courts

Question 36

The goals of diversity training include each of the following except _______________.

A)minimizing discrimination lawsuits
B)increasing harassment training
C)minimizing harassment lawsuit
D)improving acceptance and understanding of differences in people

Question 37

Which statement if NOT true regarding women in the workforce?

A)Jobs in which they dominate have been hit as hard as men's jobs during shifts in the job market.
B)They have lower average pay than men.
C)They work fewer hours than men.
D)There are proportionately fewer senior-level female than male senior executives.

Question 38

An employer may avoid liability for sexual harassment in which of the following situations?

A)The victim and alleged harasser are both heterosexual males.
B)The employer took reasonable care to prohibit sexual harassment.
C)The employee did not suffer any tangible employment action.
D)The employer had no knowledge of the offensive behavior.

Question 39

The original purpose of the Civil Rights Act of 1964 was to address ________ and __________discrimination.

A) race and sex
B) sex and age
C) color and religion
D) race and national origin

Question 40

Workplace romances are _______________.

A)illegal between supervisors and subordinates
B)legal but strongly discouraged by the EEOC
C)risky because of the potential for causing conflict
D)not an employer's concern if the individuals in the relationship are careful to keep their relationship separate from the workplace

Question 41

Identify the actions an employer should take to insure compliance with the ADA.

Question 42

A manager who permits lewd posters to be displayed in the workplace may be creating a hostile work environment leading to complaints of sexual harassment.

Question 43

The ADA defines a disabled person as someone who has a physical or mental impairment that substantially limits their ability to perform their job.

Question 44

The continuum on approaches to diversity runs from ignoring diversity to building acceptance of diversity.

Question 45

Disparate treatment is focused on the under-representation of a protected class as a whole, while disparate impact is more individual-based.

Question 46

Explain the significance of the Civil Rights Act and why is it so important in equal employment opportunity. Identify which groups it provides coverage to.

Question 47

Provide a summary on the debate on affirmative action, including the arguments for it, and the arguments against it.

Question 48

Diversity training has proven to be an effective tool for increasing employees' "acceptance of others."

Question 49

One way in which employers have addressed the prohibition of discrimination in religion is to offer "holiday swapping pools."

Question 50

The Uniformed Services Employment and Reemployment Rights Act requires employers to provide military leaves of absence.

Question 51

Under the 1991 Civil Rights Act, an employer cannot simply require that all job applicants have a minimum level of education, such as a high school diploma. They must be able to defend the requirement as job related for the position.

Question 52

Discuss the various approaches to diversity, beginning with the least aggressive and ending with the most.

Question 53

Discuss the following statement with reference to EEO laws and regulations:
"This is my business ...I founded it ...I can hire and fire whomever I choose without interference from the government."

Question 54

The Equal Pay Act prohibits employers from having different pay rates based on race.

Question 55

In order to file a claim of sexual harassment, an individual must claim that they were victim to pervasive and unwelcome conduct of a sexual nature, and that the harasser had a "matching" sexual orientation with the victim.

Question 56

Define sexual harassment and identify the actions that an organization can take to minimize the probability of sexual harassment charges being filed.

Question 57

The three approaches to diversity training are legal awareness, cultural awareness, and sensitivity training.

Question 58

Many court decisions have ruled against an employer's right to enforce a dress code, citing reasons related to disparate impact against some ethnic groups.

Question 59

Withholding a raise from someone who refuses to date you is an example of quid pro quo harassment.

Question 60

In the absence of national legislation, some cities and states have passed laws prohibiting discrimination against individuals with differing sexual orientations.