Deck 11: The Employment Relationship and Equal Employment Opportunity

Question 1

Discrimination on the basis of religion is prohibited by Title VII provided the religion is a legitimate one.

Answer 1

False
Explanation: Discrimination on the basis of religion is also prohibited by Title VII. The religion need not be one which the employer recognizes in order for Title VII to apply. As long as the employee's belief is sincerely held and takes the place of religion in his or her life, the employer cannot dismiss it as not being a "legitimate" religion.

Question 2

Pregnant employees cannot be made to leave work early and take maternity leave at a certain arbitrarily set date.

Answer 2

True
Explanation: Pregnant employees cannot be made to leave work early and take maternity leave at a certain arbitrarily set date, as was once the case with teachers and others.

Question 3

The employer cannot be held liable for the supervisory or managerial employees who sexually harass their subordinates.

Answer 3

False
Explanation: Supervisory or managerial employees who sexually harass employees may cause the employer to be held liable whether or not the employer knew of the harassing activity.

Question 4

Title VII of the Civil Rights Act does NOT prohibit discrimination on the basis of:

A) color.
B) national origin.
C) religion.
D) sexual orientation.

Question 5

Disparate impact is an individual concept of discrimination rather than a group one.

Question 6

In the case of disparate impact the employee must show that an employment policy that is neutral on its face has a harsher impact on a group protected by the law.

Question 7

The single most important piece of legislation that impacts the workplace in the area of discrimination is the ___.

A) Clayton Antitrust Act of 1982
B) Civil Rights Act of 1964
C) Reed-Jenkins Act of 1928
D) Homeland Security Act of 2002

Question 8

Gender stereotyping is a form of illegal gender discrimination under Title VII.

Question 9

Bona fide occupational qualification and business necessity are the same.

Question 10

Under the Americans with Disabilities Act of 1990, a person is disabled if he or she has a record of being disabled.

Question 11

The Americans with Disabilities Act of 1990 guarantees a job to every disabled person regardless of qualifications.

Question 12

The Employee Retirement Income Security Act (ERISA) prohibits employees from taking voluntary retirement before the age of 45.

Question 13

The Americans with Disabilities Act of 1990 covers only physical disabilities.

Question 14

Title VII prohibits discrimination on the basis of sexual orientation.

Question 15

Intent to discriminate must be shown, in a disparate impact case.

Question 16

Race and color can be the subject of a bona fide occupational qualification (BFOQ).

Question 17

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

A) 5
B) 10
C) 15
D) 20

Question 18

The defense of business necessity can be used against discrimination claims that are based on disparate impact.

Question 19

If it can be shown that the employer attempted an accommodation and the employee refused to cooperate, there is no liability for the employer.

Question 20

According to the Executive Order 11246, those who contract to provide the federal government with goods or services worth $20,000 or more must conduct an audit of the workplace to determine if there is an underrepresentation of women or minorities in job categories traditionally closed to them.

Question 21

Which of the following concepts is true regarding disparate impact?

A) In a disparate impact case, intent to discriminate must be shown directly.
B) Disparate impact is a group concept of discrimination rather than an individual one.
C) In a disparate impact case, intent to discriminate must be shown.
D) In disparate impact, the employee alleges that he or she was treated differently from other similarly situated employees regarding some aspect of employment.

Question 22

Which of the following is most likely to lead to hostile environment sexual harassment claims?

A) Declining pay raise on the basis of gender
B) Declining training opportunity on the basis of gender
C) Repeated requests for dates or sexual activity
D) Declining promotions on the basis of gender

Question 23

Robert wishes to bring a more youthful look to his retail establishment. So he transfers older employees to lower paying jobs. In this example Robert is violating the ___.

A) Clayton Antitrust Act
B) Age Discrimination in Employment Act
C) Reed-Jenkins Act
D) Homeland Security Act Targeting on the basis of age is a violation of the Age Discrimination in Employment Act, or ADEA.

Question 24

Refusal to hire males as servers for a restaurant is most likely to be an example of discrimination based on ___.

A) affinity orientation
B) national origin
C) gender
D) religion

Question 25

When a discrimination claim is based on ___, the employee must show that an employment policy that is neutral on its face has a harsher impact on a group protected by the law.

A) disparate opportunity
B) disparate treatment
C) disparate assignment
D) disparate impact

Question 26

Which of the following statements is true regarding sexual harassment?

A) If the sexual harassment is perpetrated by a co-worker (rather than a supervisory employee) employers are liable if they knew or should have known of the harassment.
B) The employer cannot be held liable for the supervisory or managerial employees who sexually harass their subordinates.
C) Employers are not responsible for harassment perpetrated by outsiders who deal with the company and harass its employees.
D) The employer cannot be held liable for the supervisory or managerial employees who sexually harass their subordinates if they didn't know of the harassing activity.

Question 27

Jim Crow laws are related to discrimination based on ___.

A) religion
B) gender
C) affinity orientation
D) race and color

Question 28

Which of the following acts gave rise to the concept of comparable worth?

A) Tax Relief and Health Act
B) Equal Pay Act
C) American Recovery and Reinvestment Act
D) Class Action Fairness Act

Question 29

Which of the following statements is true regarding disparate treatment?

A) Disparate treatment is an individual concept of discrimination.
B) With disparate treatment, the employee must show that an employment policy that is neutral on its face has a harsher impact on a group protected by the law.
C) Disparate treatment is a group concept of discrimination.
D) In a disparate treatment case, no intent to discriminate need be shown.

Question 30

An employer had a policy requiring that anyone who works in a security capacity be 6 feet 2 inches and weigh at least 200 pounds. The policy applied across the board to anyone applying for the job. Statistically, women as a group are not as likely as men to meet this requirement because most are shorter and lighter. Samantha's job application was rejected due to her height. Samantha is most likely to file a suit against the employer on the basis of ___.

A) disparate opportunity
B) disparate treatment
C) disparate assignment
D) disparate impact

Question 31

Which of the following federal agencies is charged with enforcing Title VII?

A) Equal Employment Opportunity Commission
B) Wage & Hour Division
C) National Labor Relations Board
D) Federal Trade Commission

Question 32

In the case of ___, the employee alleges that he or she was treated differently from other similarly situated employees regarding some aspect of employment based on one of the prohibited reasons, that is, based on race, gender, and so on.

A) reverse discrimination
B) disparate treatment
C) disparate assignment
D) disparate impact

Question 33

In an organization with a native language other than English are not permitted to speak their native language in the workplace even when it does not interfere with their jobs. This is an example of discrimination based on ___.

A) affinity orientation
B) national origin
C) color
D) religion

Question 34

Quid pro quo sexual harassment involves:

A) repeated requests for dates or sexual activity.
B) negative or stereotyped gender-based jokes.
C) display of nude or sexually explicit photos in the workplace.
D) declining workplace benefits such as promotion unless the employee engages in sexual activity with the harasser.

Question 35

Which of the following best describes a 706 agency?

A) A state level government office that serves as a complaint-handling agency for the Federal government.
B) A federal government commission that implements the American Recovery and Reinvestment Act.
C) A state level government office that serves as a complaint-handling agency for EEOC.
D) A federal government commission that implements the Tax Relief and Health Act. EEOC may have an agreement with a state's fair employment practice office for the office to serve as a complaint-handling agency for EEOC. This agency is called as a 706 agency.

Question 36

Which of the following statements is NOT true regarding discrimination based on religion?

A) According to Title VII, employers are prohibited from discriminating on the basis of religion provided the religion is a legitimate one.
B) Discrimination on the basis of religion is prohibited by Title VII.
C) Employers refrain from asking applicants or employees their religious affiliation.
D) Employers should refrain from treating employees differently based upon religion.

Question 37

The concept of _____ permits jobs that are not the same, but are of comparable worth to the employer, to be examined for wage disparities.

A) disparate impact
B) equitable value
C) disparate treatment
D) comparable worth

Question 38

If an employer refuses to hire an applicant because he is an Asian, it is most likely to be an example of discrimination based on ___.

A) religion
B) color
C) national origin
D) affinity orientation

Question 39

If a claimant is using disparate impact as her or his theory of discrimination against the employer, in order to prove a prima facie case, the claimant must show that the complaining group did not perform at least _____ as well as the group that received the benefit.

A) 20%
B) 50%
C) 60%
D) 80%

Question 40

Those who feel they have been discriminated against in employment must be able to prove it in one of two ways: _____ or disparate impact.

A) disparate evaluation
B) disparate treatment
C) disparate opportunity
D) disparate assignment

Question 41

The _____ was hailed as the "Declaration of Independence" or "Emancipation Proclamation" for the disabled and the most far-reaching civil rights law since the Civil Rights Act of 1964.

A) Health Care and Education Reconciliation Act
B) Lilly Ledbetter Fair Pay
C) Secure Fence Act
D) Americans with Disabilities Act

Question 42

The Employee Retirement Income Security Act (ERISA):

A) prevents employees from being excluded from a pension plan because of age.
B) prohibits older employees from working under hazardous conditions.
C) prevents employees from taking voluntary retirement before the age of 45.
D) prohibits employees from working beyond the age of 55.

Question 43

Which of the following statements is true regarding the Americans with Disabilities Act (ADA) of 1990?

A) The law does not guarantee a job to any disabled person regardless of qualifications.
B) Under the law, a person is disabled only if he or she is actually disabled.
C) The law covers only physical disabilities.
D) The law includes a definitive list of what is and what is not a disability.

Question 44

Affirmative action is:

A) paying certain amount as fine for discriminating at the workplace.
B) a defense used for discrimination claims that are based on disparate impact.
C) making a plan to include in the workplace those who have traditionally been excluded from the workplace due to generations of discrimination.
D) a defense used for discrimination claims that are based on disparate treatment.

Question 45

List the exceptions to Title VII.

Question 46

The court ordered Telpix Corporation to promote one woman for every man promoted until the percentage of women in the managerial ranks reflects their availability for such positions in the workforce drawn from. As a result, the men who were in line for promotion felt that they were being discriminated against because they must now wait longer to be promoted. These men are most likely to bring a suit alleging ___.

A) affirmative action
B) disparate treatment
C) disparate impact
D) reverse discrimination

Question 47

What is a 706 agency?

Question 48

Discuss the 4/5 rule in the context of disparate impact.

Question 49

Which of the following statements is true regarding business necessity?

A) Bona fide occupational qualification (BFOQ) and business necessity are the same.
B) Job requirements state the business necessity and applicants not meeting the qualifications need not apply.
C) The business necessity defense is actually legalized discrimination.
D) Business necessity arises when the employer's policy is neutral on its face.

Question 50

Executive Order 11246 prohibits those who contract to provide the federal government with goods or services worth _____ or more from discriminating in the workplace on the same bases as Title VII.

A) $5,000
B) $10,000
C) $15,000
D) $20,000

Question 51

Discuss disparate treatment.

Question 52

Which of the following statements is true regarding bona fide occupational qualification (BFOQ)?

A) Age cannot be the subject of BFOQ.
B) The BFOQ defense is actually legalized discrimination.
C) Race and color can be the subject to a BFOQ.
D) BFOQ and business necessity are the same.

Question 53

According to the Executive Order 11246, those who contract to provide the federal government with goods or services worth _____ or more must conduct an audit of the workplace to determine if there is an underrepresentation of women or minorities in job categories traditionally closed to them.

A) $10,000
B) $30,000
C) $50,000
D) $70,000

Question 54

To whom does Title VII apply and who is protected under Title VII?

Question 55

Executive Order 11246, related to employers who enter into contract with federal government for providing goods and services, is implemented by ____.

A) Domestic Policy Council
B) Office of Federal Contract Compliance Programs
C) Agency for International Development
D) Department of Labor (DOL)

Question 56

Which of the following is an incorrect statement about the Age Discrimination in Employment Act (ADEA) of 1967?

A) According to this act, if an employee is age 40 or over, the employee cannot be discriminated against in any aspect of employment on the basis of age.
B) Until the Civil Rights Act of 1991 was introduced, ADEA was the only workplace protective legislation which permitted a jury trial.
C) ADEA guarantees a job to a worker whose age is 40 or above regardless of level of performance.
D) The employee win-rate for ADEA cases is high.

Question 57

Discuss disparate impact.

Question 58

When an affirmative action plan is instituted, often other employees who belong to the group not discriminated against will feel they are being discriminated by implementation of the plan. This is known as ___.

A) reverse discrimination
B) disparate impact
C) disparate treatment
D) affirmative action

Question 59

According to the Age Discrimination in Employment Act of 1967, if an employee is age _____ or over, the employee cannot be discriminated against in any aspect of employment on the basis of age.

A) 35
B) 40
C) 38
D) 50

Question 60

If a claimant is using disparate impact as her or his theory of discrimination against the employer, what are the two requirements that must be fulfilled in order to prove a prima facie case?

Question 61

What are the various factors that are taken into consideration while evaluating undue hardship?

Question 62

What is a bona fide occupational qualification?

Question 63

Give three suggestions for creating an atmosphere in which sexual harassment is minimized.

Question 64

What is quid pro quo sexual harassment?

Question 65

Discuss briefly the Age Discrimination in Employment Act of 1967.

Question 66

Under what circumstances are affirmative action plans implemented?

Question 67

The Americans with Disabilities Act addresses three types of barriers to those who are disabled. What are these three barriers?

Question 68

Explain with an example how age can be used as a bona fide occupational qualification (BFOQ)?

Question 69

Discuss briefly the Americans with Disabilities Act of 1990.

Question 70

What are the various requirements that must be fulfilled by an affirmative action plan?

Question 71

Discuss hostile environment sexual harassment.

Question 72

What is the difference between bona fide occupational qualification and business necessity?

Question 73

Discuss the Executive Order 11246.

Question 74

Discuss business necessity.

Question 75

What is reverse discrimination?