Deck 3: The Legal Environment: Equal Employment Opportunity and Safety

Question 1

A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification.

Answer 1

True
Explanation: A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification (BFOQ). For example, if one were hiring an individual to hand out towels in a women's locker room, being a woman might be a BFOQ.

Question 2

Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on an employee's submitting to sexual advances.

Answer 2

True
Explanation: Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways: quid pro quo and hostile working environment. Quid pro quo harassment occurs when some kind of benefit (or punishment)is made contingent on an employee's submitting (or not submitting)to sexual advances.

Question 3

In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

Answer 3

False
Explanation: As in any legal case, the plaintiff in a disparate treatment case has the burden of proving that the defendant has committed an illegal act. This is the idea of a "prima facie" case.

Question 4

The National Labor Relations Board (NLRB)is a quasi-judicial agency.

Question 5

Each branch of the U.S. government (legislature, executive, and judiciary)has its own area of authority, and these areas do not overlap.

Question 6

Individuals who feel they have been discriminated against must file a complaint with the EEOC at any time after the incident.

Question 7

Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin and applies only to federal contractors and subcontractors.

Question 8

In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Question 9

The standard deviation rule uses the mode of the distribution to determine disparate impact.

Question 10

The United States president has the power to veto any law passed by Congress.

Question 11

Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group.

Question 12

Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act.

Question 13

Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts.

Question 14

Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity.

Question 15

Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice.

Question 16

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on an individual's race, color, religion, sex, national origin, age, or disability status.

Question 17

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted.

Question 18

The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant.

Question 19

Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens.

Question 20

The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Question 21

Which of the following is an example of a quasi-judicial body?

A)National Security Agency
B)Senate
C)Court of Appeals
D)District Court
E)National Labor Relations Board

Question 22

Which of the following amendments abolished slavery in the United States?

A)Fourth Amendment
B)First Amendment
C)Fifteenth Amendment
D)Thirteenth Amendment
E)Fourteenth Amendment

Question 23

Which of the following is a part of the U.S. government's executive branch?

A)District Courts
B)Committee on Indian Affairs
C)Select Committee on Ethics
D)The Congress
E)The president

Question 24

Having pictures of naked women posted in the workplace is actionable under Title VII of the Civil Rights Act.

Question 25

Which of the following legislations mandates affirmative action in the employment of individuals with disabilities?

A)Rehabilitation Act of 1973
B)Lilly Ledbetter Fair Pay Act
C)Pregnancy Discrimination Act
D)Pendleton Act
E)Civil Rights Act of 1871

Question 26

The _____ has the power to veto any law passed by Congress.

A)President pro tempore of the Senate
B)Secretary of State
C)Attorney general
D)President of the United States
E)Speaker of the House

Question 27

If neither party is satisfied with the National Labor Relations Board's decision, the parties can take the case to the _____ for review.

A)Court of Appeals
B)District Court
C)Senate
D)House of Representatives
E)Secretary of State

Question 28

The executive branch of the federal government:

A)consists of bodies like the Select Committee on Ethics.
B)consists of the House of Representatives and the Senate.
C)adjudicates criminal cases.
D)passes laws such as the Civil Rights Act.
E)consists of the president and the many regulatory agencies the president oversees.

Question 29

Executive order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to:

A)deny payments to private contractors based on the availability of money.
B)pay taxes for the capital goods exported from other countries for operation.
C)form and implement private laws that are consistent with the constitution.
D)engage in affirmative action programs to hire and promote minorities.
E)refrain from exporting their services to projects in foreign countries.

Question 30

Which of the following amendments is called the equal protection clause?

A)Fourteenth Amendment
B)Sixteenth Amendment
C)Eighteenth Amendment
D)Twentieth Amendment
E)Third Amendment

Question 31

Section 1981 of the Civil Rights Act of 1866 granted individuals the _____.

A)freedom from cruel and unusual punishments
B)right to carry weapons for self-defense
C)right to sue governmental authorities
D)right to enter into and enforce a contract
E)freedom to elect members of Parliament

Question 32

Section 1982 of the Civil Rights Act passed in 1886 granted all persons the _____.

A)same property rights as white citizens
B)right to carry weapons for self-defense
C)right to sue governmental authorities
D)freedom to elect members of Parliament
E)freedom from cruel and unusual punishments

Question 33

Which of the following directives can be issued by the president?

A)Constitutional amendment
B)Judicial decision
C)Legislation
D)Executive order
E)Legislative bill

Question 34

Affirmative action programs are used to eliminate discrimination in the workplace and increase minority representation.

Question 35

The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Health.

Question 36

Which of the following congressional legislations requires contractors and subcontractors that receive more than $2,500 annually from the federal government to engage in affirmative action for individuals with disabilities?

A)Title VII of the Civil Rights Act
B)Equal Pay Act
C)Vietnam Era Veteran's Readjustment Act
D)Vocational Rehabilitation Act
E)Pregnancy Discrimination Act

Question 37

The legislative branch of the federal government:

A)functions under the authority and supervision of the president.
B)has no say in the appointment of judges by the president.
C)consists of the House of Representatives and the Senate.
D)enforces the laws that are passed in the United States.
E)adjudicates cases pertaining to civil issues.

Question 38

Which of the following serves as the court of final appeal?

A)Circuit court
B)Supreme Court
C)Court of appeals
D)State court
E)District court

Question 39

The job hazard analysis technique is a breakdown of each job into basic elements, each of which is rated for its potential for harm or injury.

Question 40

The provision of the Occupational Health and Safety Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards is known as the general duty clause.

Question 41

Individuals who feel they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC)or a similar state agency within _____ days of the incident.

A)30
B)60
C)180
D)270
E)365

Question 42

Executive order 11246, which prohibits discrimination based on race, color, religion, sex, and national origin, is enforced by the:

A)Office of Federal Contract Compliance Programs.
B)U.S. Office of Personnel Management.
C)Equal Employment Opportunity Commission.
D)United States Court of Federal Claims.
E)U.S. Department of Commerce.

Question 43

The U.S. Office of Personnel Management is in charge of the:

A)executive order 11246.
B)Pregnancy Discrimination Act.
C)executive order 11478.
D)Equal Pay Act of 1963.
E)Americans with Disabilities Act.

Question 44

Under the Americans with Disabilities Act of 1990, what is the damage limit for a firm that employs 14 to 100 employees?

A)$30,000
B)$150,000
C)$50,000
D)$450,000
E)$200,000

Question 45

Which of the following states that it is illegal for an employer to refuse to hire an individual or otherwise discriminate against this individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin?

A)Unlawful Corporate Payments Act of 1977
B)Federal Employers' Liability Act
C)Executive Order 11246
D)Executive Order 1148
E)Title VII of the Civil Rights Act of 1964

Question 46

Which of the following is true about how the Equal Employment Opportunity Commission (EEOC)responds to a claim of discrimination?

A)If the EEOC determines that discrimination has taken place in a private firm, it can investigate the discrimination but cannot file a suit.
B)If the EEOC either does not believe a complaint to be valid or fails to complete the investigation, it issues a ruling preventing the complainant from pursuing legal action in federal court.
C)If the EEOC cannot come to an agreement with an offending employer, it can issue a "right to sue" letter to the alleged victim.
D)If the EEOC cannot come to an agreement with an offending employer, it will collect a hefty fine that it will pass on to the complainant.
E)If the EEOC discovers any discriminatory practice, it will urge the federal government to bar the offending firm from doing business with federal agencies.

Question 47

The Vocational Rehabilitation Act of 1973 is enforced by the _____.

A)Office of Federal Contract Compliance Programs
B)U.S. Department of Health
C)Equal Employment Opportunity Commission
D)U.S. Department of Commerce
E)Employment Standards Administration of the Department of Labor

Question 48

Which of the following agencies or institutions is responsible for enforcing the executive orders that cover companies doing business with the federal government?

A)U.S. District Court
B)Office of Federal Contract Compliance Programs
C)Equal Employment Opportunity Commission
D)U.S. Department of Commerce
E)Centre for Civil and Human Rights

Question 49

Which of the following best describes the consent decree that the Equal Employment Opportunity Commission (EEOC)enters into with an organization that has been found to be discriminating?

A)It is a decree that permits a victim to sue the organization that has victimized him/her based on color, religion, gender or place of birth.
B)It is a decree through which the organization agrees to furnish the details regarding the extent of diversity amongst its staff.
C)It is a decree through which the organization accepts it has committed discrimination without imposing any requirements to prevent discrimination in the future.
D)It is an agreement between the EEOC and the organization that the organization will cease certain discriminatory practices.
E)It is an agreement that binds the organization to respect the rights of its employees to give consent to the nature of conditions at the workplace.

Question 50

After the Equal Employment Opportunity Commission (EEOC)has taken responsibility for investigating a claim of discrimination, the complainant must give the EEOC _____ days to investigate the complaint.

A)30
B)60
C)90
D)120
E)180

Question 51

Which of the following is considered a disability under the Americans with Disabilities Act?

A)Cosmetic disfigurement
B)Obesity
C)Substance abuse
D)Eye color
E)Lefthandedness

Question 52

Each year organizations with a minimum of _____ employees must file an EEO-1 report with the Equal Employment Opportunity Commission.

A)60
B)100
C)50
D)80
E)25

Question 53

The _____ is a set of guidelines that provides guidance on the ways an organization should develop and administer recruitment systems so as not to violate Title VII.

A)Uniform Guidelines on Employee Selection Procedures
B)Guidelines for Employment Security
C)Guidelines for Employee Facilities
D)Uniform Guidelines for Voluntary Early Retirement
E)Uniform Guidelines for Job Design and Job Description

Question 54

Which of the following is responsible for enforcing the Age Discrimination in Employment Act?

A)Equal Employment Opportunity Commission
B)Office of Federal Contract Compliance Programs
C)U.S. Department of Commerce
D)Independent Regulatory Commission
E)U.S. Department of Labor

Question 55

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of _____.

A)30
B)35
C)40
D)18
E)15

Question 56

Which of the following agencies is responsible for investigating and resolving discrimination complaints, gathering information, and issuing guidelines?

A)Equal Employee Opportunity Commission
B)U.S. Department of Labor
C)Office of Federal Contract Compliance Programs
D)U.S. Department of Commerce
E)Labor Commission

Question 57

Executive order 11478 requires the federal government to:

A)prevent reverse discrimination by abolishing affirmative action.
B)base all its employment policies on merit and fitness.
C)prevent privatization of banking and financial services.
D)base all its selections on methods such as quantitative techniques.
E)abolish personal interviews as a method of selecting federal employees.

Question 58

Which of the following is a disability under the Americans with Disabilities Act?

A)Lefthandedness
B)Substance abuse
C)Eye and hair color
D)Heart disease
E)Obesity

Question 59

Which of the following agencies is responsible for enforcing Title VII of the Civil Rights Act and the Americans with Disabilities Act?

A)U.S. Department of Commerce
B)Equal Employment Opportunity Commission
C)Office of Federal Contract Compliance Programs
D)U.S. Department of Labor
E)U.S. Office of Personnel Management

Question 60

Directives issued and amended unilaterally by the president are known as:

A)judicial decisions.
B)presidential vetoes.
C)presidential bills.
D)executive orders.
E)constitutional amendments.

Question 61

The written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a(n)_____.

A)utilization analysis
B)goal
C)consent decree
D)timetable
E)list of action steps

Question 62

The _____ compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.

A)contingency analysis
B)matrix analysis
C)path goal analysis
D)differential analysis
E)utilization analysis

Question 63

Which of the following refers to an organization's efforts to make usable facilities readily accessible to individuals with disabilities?

A)Disparate treatment
B)Disparate impact
C)Reasonable accommodation
D)Pattern and performance
E)Quid pro quo

Question 64

In showing class action _____ lawsuits, the plaintiffs show some statistical disparities between the composition of some group within the company compared to some other relevant group.

A)pattern and practice
B)disparate impact
C)disparate treatment
D)reasonable accommodation
E)quid pro quo

Question 65

Goals and timetables in an affirmative action plan:

A)compare the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.
B)specify the amount that an organization has spent to train an employee.
C)define whether an employee can be a member of any of the labor unions.
D)specify the percentage of women and minorities that an employer seeks to have in each job group.
E)define the minimum standards that an employee should have to be part of an organization.

Question 66

Which of the following is the Office of Federal Contract Compliance Programs' most potent weapon and its last penalty?

A)Debarment
B)General warning
C)Right to sue letter
D)Class-action suits
E)Specific treatment

Question 67

Which of the following statements is true of disparate treatment and disparate impact?

A)The discriminating individual's intent is irrelevant in disparate treatment.
B)For there to be discrimination under disparate treatment, there has to be intentional discrimination.
C)A selection practice that results in disparate impact is necessarily illegal in nature.
D)The four-fifths rule for discrimination is not applicable to disparate impact.
E)In a disparate impact case, the defendant is required to pay compensatory and punitive damages to the plaintiff.

Question 68

Jane has resisted advances from her male boss, who is interested in pursuing a sexual relationship with her. In addition, he has been withholding her promotions for more than a year for this reason alone. Jane can sue her boss for _____.

A)sexual harassment
B)reasonable accommodation
C)pattern and practice
D)disparate impact
E)disparate treatment

Question 69

The director of a movie auditions only white males to play the role of Abraham Lincoln in a biographical film on Lincoln's life. This is an example of:

A)reasonable accommodation.
B)disparate treatment.
C)quid pro quo.
D)bona fide occupational qualification.
E)disparate impact.

Question 70

Which of the following acts states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice?

A)Equal Pay Act
B)Fair Labor Standards Act
C)Lilly Ledbetter Fair Pay Act
D)Title VII of the Civil Rights Act of 1964
E)Vocational Rehabilitation Act

Question 71

If a plaintiff feels that there are individual acts of intentional discrimination in his firm that have led to a statistical disparity in the firm, and this disparity is a function of a larger culture of discrimination. Which of the following lawsuits is he most likely to file?

A)Reasonable accommodation
B)Pattern and practice
C)Disparate treatment
D)Quid pro quo
E)Disparate impact

Question 72

Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline. Despite both having similar profiles, Michael was hired but Mohammad was not, and the airline continued to look for other potential trainee pilots. In this case, Mohammad is a possible victim of:

A)sexual harassment.
B)quid pro quo harassment.
C)disparate treatment.
D)disparate impact.
E)racial discrimination.

Question 73

Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following statements would both negate Jason's case and support Virgo's case?

A)Virgo deals in building equipment that requires a certified welder and Jason is a certified welder.
B)Virgo deals in building equipment that requires a certified welder and Robert is a certified welder.
C)Virgo has had a history of discrimination.
D)Virgo has never had a history of discrimination.
E)Virgo deals in building equipment that requires a certified welder and Jason is not a certified welder.

Question 74

_____ occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.

A)Disparate impact
B)Reasonable accommodation
C)Quid pro quo
D)Internal discrimination
E)Disparate treatment

Question 75

Which of the following rules states that an employment test has disparate impact if the hiring rate for a minority group is less than eighty percent of the hiring rate for the majority group?

A)Standard deviation rule
B)Mixed-motive rule
C)Prima facie rule
D)Four-fifths rule
E)Business necessity rule

Question 76

According to the Civil Rights Act of 1991, once the plaintiff has made a prima facie disparate impact case, the _____.

A)defendant is punished for engaging in discrimination
B)plaintiff is asked to present witnesses for his case
C)defendant is asked to pay punitive damages
D)burden of proof shifts to the defendant
E)defendant is freed from conviction for discrimination

Question 77

A hotel in Florida has instituted a policy to hire individuals living in close proximity to the hotel premises to reduce instances of employees coming in late. As the area surrounding the hotel is predominantly populated with individuals of Hispanic origin, the Caucasian and African-American communities became underrepresented in the hotel's workforce. This is an example of:

A)reverse discrimination.
B)disparate impact.
C)disparate treatment.
D)reasonable accommodation.
E)sexual harassment.

Question 78

In a _____ case, the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination.

A)prima facie
B)disparate impact
C)reasonable accommodation
D)quid pro quo
E)mixed-motive

Question 79

Under _____, intent is irrelevant.

A)disparate treatment
B)disparate impact
C)racial discrimination
D)gender discrimination
E)disparate discrimination

Question 80

Which of the following analyses uses the difference between the expected representation for minority groups and the actual representation to determine whether the difference between these two values is greater than would occur by chance?

A)Utilization rule
B)Mixed-motive rule
C)Prima facie rule
D)Standard deviation rule
E)Four-fifths rule