Deck 3: The Legal Context of Employment Decisions

Question 1

Unequal (disparate)treatment is based on an intention to discriminate.

Answer 1

True

Question 2

The Equal Employment Opportunity Commission was created to ensure that employers,employment agencies,and labor organizations comply with the Constitution.

Answer 2

False

Question 3

Under FMLA,an employee can sue if an employer requires a second medical opinion after the employee has provided medical certification of their serious illness.

Answer 3

False

Question 4

As a society,we espouse equality of opportunity,rather than equality of outcomes.

Question 5

Under Title VII,pre-employment inquiries regarding such matters as race,sex,or ethnic group are not permissible.

Question 6

Civil rights laws precisely define the term discrimination.

Question 7

The Civil Rights Act of 1866 grants all citizens the right to make and enforce contracts for employment.

Question 8

The Immigration Reform and Control Act of 1986 applies to every employer,no matter how small.

Question 9

If someone decides to bring suit under Title VII,the first step is to establish a prima facie case of discrimination.

Question 10

According to the Immigration Reform and Control Act of 1986,employers must verify the identity and work authorization of every new employee.

Question 11

It is okay to exclude people from selection so long as the exclusion is based on what can be demonstrated to be job-related criteria.

Question 12

Under the Americans with Disabilities Act,rehabilitated drug and alcohol abusers are protected,but current drug abusers may be fired.

Question 13

The FMLA covers all private-sector employers with 50 or more employees,including part timers,who work 1,250 hours over a 12-month period.

Question 14

One effect of the Civil Rights Act of 1991 was the expansion of the remedies in discrimination cases to include monetary damages and jury trials.

Question 15

Discrimination is permissible when a prohibited factor (e.g. ,gender)is a bona fide occupational qualification.

Question 16

The Age Discrimination in Employment Act prohibits discrimination in pay,benefits,or continued employment for employees age 50 and over.

Question 17

Once the courts accept prima facie evidence,the burdent of producing evidence shifts back and forth from the plant if (the complaining party)to defendant (the employer).

Question 18

The Americans with Disabilities Act applies to all employers,no matter what their size.

Question 19

Under Title VII,discrimination is never permissible,even when a factor such as gender is a bona fide occupational qualification for employment.

Question 20

Employers are not required to make reasonable accommodations for disabled job applicants if the cost of doing so is too expensive.

Question 21

The Thirteenth Amendment:

A)prohibits slavery and involuntary servitude.
B)guarantees equal protection of the law for all citizens.
C)prohibits the denial,termination,or suspension of government contracts.
D)prohibits each government in the U.S.to stop a citizen from voting based on race.

Question 22

Contractors and subcontractors with more than $50,000 in government business and with 50 or more employees must prepare and implement written affirmative action plans.

Question 23

In 1972,the coverage of Title VII was expanded to include almost all public and private employers with _____ or more employees.

A)2
B)15
C)50
D)100

Question 24

Title VII is most relevant to the employment context because it _____ on the basis of race,color,religion,sex,or national origin in all aspects of employment.

A)encourages advancement
B)prohibits discrimination
C)eliminates nepotism
D)prevents layoffs

Question 25

Title VII was passed to guarantee that people would be considered for jobs on the basis of their:

A)national origin.
B)level of education.
C)abilities and talents.
D)age and sex.

Question 26

Employers are always potentially liable for a supervisor's sexual misconduct toward an employee,even if they knew nothing about that supervisor's conduct.

Question 27

Under FMLA,employers must maintain health insurance benefits and give the workers their previous jobs (or comparable positions)when their leaves are over.

Question 28

In the employment context,_____ can be viewed broadly as the giving of an unfair advantage/disadvantage to the members of a particular group in comparison with the members of other groups.

A)ethnocentrism
B)discrimination
C)seniority system
D)race norming

Question 29

The Fourteenth Amendment guarantees equal protection of the law for:

A)minorities only.
B)public employees only.
C)private employees only.
D)all citizens.

Question 30

Every organization in the United States with 100 or more employees must file an annual EEO-1 report detailing the number of employees by job category.

Question 31

Title VII prohibits the use of "professionally developed" ability tests.

Question 32

According to the Pregnancy Discrimination Act of 1978,an employer is always required to give pregnant employees special treatment.

Question 33

Preferential selection is discrimination against whites and in favor of members of protected groups.

Question 34

The Civil Rights Act of 1871:

A)prohibits the denial,termination,or suspension of government contracts if an employer is following an affirmative action plan accepted by the federal government for the same facility within the past 12 months.
B)requires that men and women working for the same establishment be paid the same rate of pay for work that is substantially equal in skill,effort,responsibility,and working conditions.
C)grants all citizens the right to sue in federal court if they feel they have been deprived of any rights guaranteed by the Constitution and other laws.
D)provides that a seniority system that intentionally discriminates against the members of a protected group can be challenged within 180 days.

Question 35

Which of the following is NOT a major sub-theory of discrimination within the disparate treatment theory?

A)Cases that rely on direct evidence
B)Cases that rely on circumstantial evidence
C)Cases that rely on a jury trial
D)Mixed-motive cases

Question 36

Thousands of equal-pay suits have been filed,predominantly by _____ since the Equal Pay Act of 1963 was passed.

A)women
B)African Americans
C)the elderly
D)Americans with disabilities

Question 37

In jobs where women and minorities are underrepresented in the workforce relative to their availability in the labor force,employers must establish goals and timetables for hiring and promotion.

Question 38

Employers should be sure that there is a legitimate,job-related reason for every question raised in an employment or promotional interview.

Question 39

_____ refers to those actions appropriate to overcome the effects of past or present policies,practices,or other barriers to equal employment opportunity.

A)Reparation
B)Emancipation
C)Desegregation
D)Affirmative action

Question 40

In organizations with 50 or more employees,an employer may not deny a person initial employment,reemployment,promotion or benefits on the basis of that person's membership or potential membership in the armed services.

Question 41

Which of the following is a key objective of the ADEA?

A)To take affirmative action to ensure equal employment opportunity for Vietnam-era veterans.
B)To give workers up to 12 weeks' unpaid leave each year for birth,adoption,or foster care of a child within a year of the child's arrival.
C)That employers maintain health insurance benefits and give the workers their previous jobs when their leaves are over.
D)To prevent financially troubled companies from singling out older employees when there are cutbacks.

Question 42

The Equal Employment Opportunity Commission is an independent regulatory agency whose five commissioners are appointed by the President and confirmed by the Senate for terms of _____ years.

A)2
B)5
C)10
D)12

Question 43

The Rehabilitation Act of 1973 requires federal contractors and subcontractors to actively recruit qualified people _____ and to use their talents to the fullest extent possible.

A)who are former drug abusers
B)with green cards
C)of African-American descent
D)with disabilities

Question 44

The EEOC:

A)does not have the power to sue on its own behalf.
B)does not have the power to sue on the behalf of a discrimination claimant.
C)can sue on behalf of itself or on the behalf of a discrimination claimant.
D)does not have the power to sue.

Question 45

What is the purpose of the Rehabilitation Act of 1973?

A)To eliminate any business practice that results in the denial of equal employment opportunity.
B)To prevent financially troubled companies from singling out older employees when there are cutbacks.
C)To take affirmative action to ensure equal employment opportunity for Vietnam-era veterans.
D)To protect rehabilitated drug and alcohol abusers.

Question 46

The legal standard for circumstantial evidence includes:

A)a basis protected by Title VII,the Age Discrimination in Employment Act,or the Americans with Disabilities Act
B)that they were disadvantaged
C)they were qualified
D)All of the above

Question 47

Sex discrimination may be perpetuated by barring women from competing for jobs that pose occupational health hazards to their:

A)self-esteem.
B)reproductive systems.
C)earning power.
D)vision and hearing.

Question 48

: A bona fide occupational qualification allows:

A)exemption from the Fourteenth Amendment.
B)seniority systems
C)discrimination to be permissible when a qualification is considered reasonably necessary to the operation of the business or enterprise.
D)random drug testing.

Question 49

Which of the following would NOT be covered under the FMLA law 12 weeks' unpaid leave?

A)Foster care of a child
B)Care for a brother with a serious health condition
C)Adoption
D)Care for a parent with a serious health condition

Question 50

In 1967,Executive Order 11375 prohibited discrimination in employment based on:

A)political affiliation.
B)marital status.
C)physical disability.
D)sex.

Question 51

When a compliance review by the OFCCP does indicate problems that cannot be resolved easily,it tries to reach _____ with the employer.

A)a collective bargaining agreement
B)a conciliation agreement
C)an equitable compromise
D)quid pro quo

Question 52

Sexual harassment generally comes in two forms;hostile work environmnet and:

A)e pluribus unum.
B)involuntary.
C).quid pro quo
D)sexual favor exchange.

Question 53

Which of the following is NOT an area making up the main body of employment case law?

A)Contract compliance
B)Preferential selection
C)Personal-history information
D)Seniority

Question 54

Which act requires both public and private employers promptly to reemploy individuals returning from uniformed service in the position they would have occupied and with the seniority rights they would have enjoyed had they never left?

A)Rehabilitation Act of 1973
B)FMLA
C)USERRA
D)Title VII of the Civil Rights Act of 1964

Question 55

All of the following are basic features of the Immigration Reform and Control Act of 1986 EXCEPT:

A)employers may not hire or continue to employ "unauthorized aliens."
B)employers must verify the identity and work authorization of every new employee.
C)employers cannot be fined for failure to comply with verification rules.
D)employers should do a self-audit of all I-9 forms,not just those of a particular ethnic group.

Question 56

The Civil Rights Act of 1991 offered what for victims of unintentional discrimination:

A)race-norming
B)monetary damages and jury trials
C)affirmative action
D)adverse impact

Question 57

The ADA Amendments Act of 2008:

A)broadened the definition of a disability
B)included current drug and alcohol abusers.
C)added individuals who can function normally with mitigating measures.
D)was the first act to define the disabled as a protected group

Question 58

Practical implications of the Americans with Disabilities Act include all of the following EXCEPT:

A)buildings open to the public will have to be accessible to the disabled.
B)employers can no longer test for alcohol and drug use in the workplace.
C)employers must make "reasonable accommodations" for disabled job applicants.
D)medical information on employees must be kept separate from other personnel information.

Question 59

Under EEOC guidelines,discrimination complaints must be filed within _____ of the alleged violation.

A)30 days
B)90 days
C)180 days
D)1 year

Question 60

According to the FMLA:

A)businesses are required to offer up to 26 weeks of paid leave to employees who provide care to wounded U.S.military personnel.
B)employers do not require workers to provide medical certification of serious illnesses.
C)employers can exempt key salaried employees who are among their highest-paid 10 percent.
D)employers must provide 14 weeks of FMLA leave to immediate family members of soldiers of the National Guard who have a "qualifying exigency."

Question 61

Write a short note on race-norming.

Question 62

Briefly define sexual harassment and discuss the steps an employer should take to protect itself against lawsuits in this area.

Question 63

The Uniformed Services Employment and Reemployment Rights Act (USERRA)provides returning veterans with
A.The same seniority
B.The same status and pay
C.Other rights and benefits determined by seniority
D.All of the above
Essay Questions

Question 64

What is the purpose of the Americans with Disabilities Act of 1990 and to whom does it apply?

Question 65

Employers who institute "English-only" rules in the workplace need to be careful about _____ discrimination.

A)racial
B)national origin
C)sex
D)age

Question 66

List and describe the two forms of unfair discrimination in employment.

Question 67

As affirmed by the _____,when a charge of adverse impact is made,the plaintiff must identify a specific employment practice as the cause of the discrimination.

A)Civil Rights Act of 1991
B)Title VII of the Civil Rights Act of 1964
C)Age Discrimination in Employment Act of 1967
D)Uniformed Services Employment and Reemployment Rights Act of 1994

Question 68

Equal Employment Opportunity implies at least two things: evaluation of candidates for jobs in terms of characteristics that really do make a difference between success and failure,and what else?

Question 69

To establish a prima facie case of age discrimination with respect to termination,an individual must show all of the following EXCEPT:

A)he/she is doing satisfactory work.
B)he/she was discharged despite satisfactory work performance.
C)he/she is within the protected age group (60 years of age and over).
D)the position was filled by a person younger than the person replaceD.

Question 70

A(n)_____ is a scheme that allots to employees ever-improving employment rights and benefits as their relative lengths of pertinent employment increase.

A)affirmative action plan
B)preferential selection system
C)seniority system
D)discrimination avoidance plan

Question 71

Discrimination against whites and in favor of members of protected groups is termed:

A)reverse discrimination.
B)adverse-impact discrimination.
C)discrimination.
D)systemic discrimination.

Question 72

_____ prohibits practices having an adverse impact on protected groups,unless they are job related.

A)The Thirteenth Amendment
B)The Fourteenth Amendment
C)Executive Order 11478
D)Title VII

Question 73

According to the EEOC,the vast majority of retaliation claims still generally involve actions such as:

A)harassment.
B)discrimination.
C)discharge.
D)whistleblowing.

Question 74

An effective sexual harassment policy should have all but which of the following features?

A)A statement of possible sanctions against those who harass others.
B)A workable definition of sexual harassment.
C)Prompt investigation of every claim,no matter how trivial.
D)A disclaimer of responsibility for coworker behavior.

Question 75

Training for supervisors and managers regarding ADA should include
A.Who is covered under ADA
B.How to interact with someone requesting accommodation
C.What accommodations are reasonable
D.What is prohibited
E.All of the above

Question 76

_____ exists when sexual harassment is a condition of employment.

A)Quid pro quo harassment
B)Hostile-environment harassment
C)Gender-based discrimination
D)Reverse discrimination

Question 77

Describe the steps needed in order to establish a prima facie case of discrimination.

Question 78

What does the Thirteenth Amendment prohibit?

Question 79

What are the two broad forms of discrimination?

Question 80

The EEOC guidelines on age discrimination emphasize that in order to defend an adverse employment action against employees age 40 and over,an employer must be able to demonstrate a _____ for doing so.

A)business necessity
B)good faith attitude
C)seniority-based reason
D)justifiable desire