Deck 4: Unintentional Discrimination: Disparate Impact

Question 1

In Jones v Pepsi-Cola Metro.Bottling Co., the employer was able to establish the business necessity/job-relatedness defense.

Answer 1

True

Question 2

Looking at the sample size is not a good way to challenge statistics.

Answer 2

False

Question 3

Both case law and the Civil Rights Act of 1991 severely limit the use of bottom-line statistics.

Answer 3

True

Question 4

The general convention is that correlational studies require at least thirty subjects to establish significance.

Question 5

Job-related is the same as business necessity.

Question 6

Adverse impact is the same as disparate treatment.

Question 7

The Civil Rights Act of 1991 requires that each stage of the selection process be examined separately when investigating disparate treatment.

Question 8

No single statute or court decision has affected HR selection as much as disparate impact.

Question 9

When disparate impact is investigated on the basis of race, the male and female rates for each racial group are combined.

Question 10

Generally, the more standard deviations that there are from the expected representation, the lower the probability that the actual pass rate is a random one.

Question 11

The respondent may attempt to challenge the complaining party's statistics by offering countervailing evidence.

Question 12

There is more than one way to calculate standard deviations for disparate impact analysis purposes.

Question 13

Prior to 2005, the federal circuit courts were divided as to whether disparate impact was actionable under the Age Discrimination in Employment Act.

Question 14

Stock analysis is not a measure of representativeness.

Question 15

In the Griggs case, the test scores caused African Americans to be rejected at a rate that was almost ten times greater than the rejection rate of Whites.

Question 16

Since the enactment of the Civil Rights Act of 1964, complaining parties must link statistical disparities to the specific practices or procedures claimed to have caused the disparities.

Question 17

There is only one accepted way to establish statistical imbalances.

Question 18

Favorable hiring for the group suffering the disparate impact at the end of the selection process will absolve the employer if disparity occurs in one stage of the selection process.

Question 19

If only one stage in a multiple-stage selection process causes adverse impact, a complaint can be made.

Question 20

Bottom-line statistics can be used as a defense for disparate impact.

Question 21

Finish the formula for the four-fifths rule: (Selection Rate of the Protected Class) ____ 0.8 (Selection Rate of Group with the Highest Rate)

A)greater than or equal to
B)less than or equal to
C)less than
D)greater than

Question 22

The standard deviation method says that standard deviations are a measure of the probability that a result is a ______ deviation from an expected representation.

A)precise
B)calculated
C)deliberate
D)random

Question 23

Generally federal courts have held that a _____ level of significance is indicative that an investigated disparity occurred strictly by chance in disparate impact cases.

A)0.005
B)0.05
C)0.5
D)0.55

Question 24

Until ______ disparate treatment was the only actionable Title VII violation.

A)1991
B)1971
C)1964
D)1984

Question 25

Which of the following is not one of the selection criteria known to have disparate impact on certain protected groups?

A)education requirements
B)credit checks
C)arrest records
D)drug tests

Question 26

When using the four-fifths rule, the group with the highest rate is called the:

A)smallest group
B)benchmark group
C)largest group
D)protected class group

Question 27

With the advent of disparate impact, organizations became preoccupied with achieving __________ in hiring and promotions.

A)more female workers
B)more African American employees
C)the right numbers
D)the best candidates

Question 28

Employers avoid which actionable Title VII violation by proving the action was based on a legitimate, nondiscriminatory reason and not on a pretext?

A)adverse impact
B)disparate treatment
C)disparate impact
D)retaliation

Question 29

Disparate impact is an expression of __________ view of equal employment opportunity.

A)the legislature's
B)the 1896 Supreme Court's
C)the group rights view
D)the individual view

Question 30

Where an actionable statistical imbalance begins would not be settled until seven years after the Griggs decision, and the most popular method for these determinations would be developed by:

A)the legislature
B)a regulatory agency
C)the courts
D)the President of the United States

Question 31

__________ examines the effect of the questioned selection criterion only on the actual candidates who applied for the position.

A)stock analysis
B)countervailing statistics
C)bottom-line statistics
D)applicant flow analysis

Question 32

Which of the following is used to establish a prima facie case under disparate impact?

A)show that a similarly situated employee from a different class was treated differently than a protected class member
B)offer statistical proof that an employment practice contributed to the exclusion of a protected class
C)show that an employer intentionally discriminated against a member of a protected class
D)none of the above

Question 33

The second theory of discrimination is:

A)adverse impact
B)disparate treatment
C)population comparisons
D)legitimate nondiscrimination

Question 34

Which is not a fact about disparate impact?

A)Statistical imbalances by themselves are not unlawful
B)It is intentional
C)disparity, of and by itself, does not establish a Title VII violation
D)the prima facie case is established by a statistical imbalance at any stage of the selection process

Question 35

A finding of disparate impact in any of the stages used by a company in employment selection will be sufficient to establish:

A)a prima facie case
B)a motive
C)intentional discrimination
D)retaliation

Question 36

Which court case resulted in the creation of disparate impact?

A)Brown v.Topeka Board of Education
B)McDonald v.Santa Fe Transportation Company
C)Ledbetter v.Goodyear Tire & Rubber Co.
D)Griggs v.Duke Power Company

Question 37

In disparate impact, it is __________ whether the employer intended to discriminate or not.

A)immaterial
B)germane
C)important
D)none of the above

Question 38

The Grigg's case established disparate impact based on:

A)race
B)religion
C)sex
D)national origin

Question 39

Which of the following is not one of the common statistical methods used to show adverse impact?

A)regression theory
B)95 percent confidence interval
C)two to three standard deviations
D)four-fifths rule

Question 40

In the Grigg's case, the diploma requirement excluded nearly ____ times as many African Americans as Whites.

A)twelve
B)five
C)three
D)ten

Question 41

Discuss the common statistical methods introduced in the chapter to establish disparate impact.

Question 42

Employers should not consider __________ when they challenge the complaining party's statistics.

A)bottom-line statistics
B)small sample sizes
C)relevant labor markets
D)countervailing statistics

Question 43

The following defines which answer choice? "The selection rates of protected class members at the conclusion of the selection process."

A)stock analysis
B)countervailing statistics
C)bottom-line statistics
D)applicant flow analysis

Question 44

Where could an employer find relevant labor market information?

A)Federal Bureau of Investigation
B)Homeland Security website
C)Bureau of Labor Statistics
D)Census Bureau

Question 45

"Hiring by the numbers" is:

A)an example of disparate treatment
B)an acceptable employment practice
C)legal but frowned upon
D)a violation of Title VII

Question 46

__________ provides statistics on the composition of the employer's workforce and how that workforce compares to its relevant labor market.

A)Stock analysis
B)Countervailing statistics
C)Bottom-line statistics
D)Applicant flow analysis

Question 47

In order to be accurate, stock analysis begins with properly identifying:

A)the complaining party
B)the protected class
C)the relevant labor market
D)countervailing statistics

Question 48

Explain disparate impact as related to age discrimination.What is the difference in the employer's defense for disparate impact under the ADEA versus Title VII?

Question 49

In _____, the Supreme Court ruled that individuals can establish an actionable case of age discrimination by showing that certain facially neutral practices have the effect of excluding older employees/applicants.

A)1995
B)2000
C)2009
D)2005

Question 50

In the course of a disparate impact investigation, if the employer discerns problems or deficiencies in the data offered by the plaintiff, the employer may submit:

A)stock analysis
B)countervailing statistics
C)bottom-line statistics
D)applicant flow analysis

Question 51

In the commonly used calculation for statistical deviations found in the textbook, the z score equals:

A)(E + A) + SD
B)(A - E) ÷ SD
C)(E - A) + SD
D)(E + A) ÷ SD

Question 52

What is the main difference between disparate impact and disparate treatment? What are the necessary proofs to establish a prima facie case under disparate impact?

Question 53

Under the ______, the employer's defense for disparate impact is legitimate nondiscriminatory reason and not business necessity/job-relatedness as it is under Title VII.

A)OFCCP
B)ADEA
C)OSHA
D)NLRB