Deck 3: The Legal Environment of Hrm: Equal Employment Opportunity

Question 1

The Fisher test can be used to ascertain the relationship between two categorical variables and two levels.

Answer 1

True

Question 2

An applicant who is drug addict,currently engaged in illegal use of drugs,has rights to employment that are outlined in the Americans with Disabilities Act.

Answer 2

False

Question 3

An affirmative action plan developed by contractors and subcontractors to ensure equal employment opportunity is monitored by the Office of Contract Compliance Programs (OFCCP)in the U.S.Department of Labor.

Answer 3

True

Question 4

Employers can fire or reassign an employee who files EEO charges or parties who testify on behalf of plaintiffs in cases of disparate treatment with no need to consider the legal implications of those actions.

Question 5

White men are not legally able to file suit under Title VII of the CRA.

Question 6

All claims of discrimination under CRA,ADEA,and ADA need be filed with the EEOC either directly or through dual filing with a state agency.

Question 7

One of the "affirmative defense" strategies recommended for organizations is to detail the sanctions for violators and protection for those who make any charges.

Question 8

Harassment is not a form of employment discrimination.

Question 9

The 80 percent or four-fifths rule derives from the EEOC's Uniform Guidelines on Employee Selection Procedures.

Question 10

Retaliation is a special form of disparate impact.

Question 11

Job-relatedness requires the employer to use a careful job analysis to identify the specific knowledge,skills,and abilities necessary to perform the job.

Question 12

The EEOC's definition of an applicant is not relevant to cases of adverse treatment.

Question 13

The four-fifths rule indicates that a selection rate (number selected/number considered)for a protected group cannot be greater than four-fifths or 80 percent of the selection rate for the group with the highest selection rate.

Question 14

The time limits for filing a charge of discrimination have been modified under the Equal Pay Act.

Question 15

The Equal Pay Act (EPA)prohibits indiscrimination on the basis of age by apprenticeship programs,including joint labor-management apprenticeship programs.

Question 16

If the employee does not suffer economic injury,or discharge there can be no charge of discrimination.

Question 17

Title VII prohibits all bona fide occupational qualifications (BFOQs)or discriminatory practices.

Question 18

The 180-day deadline for filing a charge of discrimination can never be extended.

Question 19

EEO legislation is meant to ensure that personnel selection decision are non-discriminatory,however,the law is silent on issues related to training,compensation and employee discipline.

Question 20

Employer sanctions resulting from a case of disparate impact can affect areas of the business beyond HR,for example changes to advertising strategies and catalog content.

Question 21

Which of the following statements is true regarding "job-relatedness"?

A)Employers have won the majority of cases dealing specifically with job relatedness after the prima facie case has been established
B)In Connecticut v. Teal, the Supreme Court declared that the "job relatedness" argument does not have to be applied to all steps of a multiple-hurdle selection process.
C)Employers are not required to use specific criteria to compare selection to actual job performance in order to measure job relatedness
D)Employers need to establish the reliability of criteria required for a job; they do not need to meet the higher standard of validity in establishing job relatedness
E)Employers can support job relatedness through the use of job analysis to identify specific knowledge, skills and abilities.

Question 22

In 2004,the Supreme Court ruled that race could be a factor in university admissions,but cannot be an overriding factor in admission decisions.The two cases from which the court drew these conclusions were:

A)Smith v. Jackson and Watson v. Fort Worth Bank & Trust.
B)Vinson v. Meritor and Harris v. Forklift.
C)Harris v. Forklift and Gratz v. Bollinger.
D)Gratz v. Bollinger and Grutter v. Bollinger.
E)Grutter v. Bollinger and Vinson v. Meritor.

Question 23

In Sexual Harassment cases,a company needs to ensure that they are protecting the rights of the accused in addition to those of the victim.

Question 24

Which of the following conditions help an employer limit liability for sexual harassment?

A)There was documented physical contact between the victim and the accused
B)The grievance policy allows the victim to bring their complaint to someone other than their immediate supervisor
C)At the time of the harassment there was no formal policy outlining the detailing the right to an environment free from harassment
D)The employer took time between the filing of the complaint and the investigation in order to ensure that the victim was calm through the process
E)The victim and the accused are of the same gender and did not work at the same location

Question 25

A company can establish a BFOQ for a position and legally defend that job qualification by presenting evidence of customer preference for that quality in an employee.

Question 26

__________ is defined as employment decision making or working conditions that are advantageous (or disadvantageous)to members of one group compared to members of another group.

A)Civil rights
B)Implied contract
C)Discrimination
D)Employment at will
E)Employment rights

Question 27

An organization has two final candidates for a new position.One is a 35-year-old female and the other is a 51-year-old male.The company makes a decision to hire the older candidate.Both candidates have very similar qualifications.Which of the following is true?

A)The hiring manager should ensure that both candidates were presented with the same selection "tests", and that scoring was done in a consistent manner
B)The company may have been at risk, however, only impact theory is recognized, disparate treatment claims are not allowed under ADEA.
C)The 51-year old candidate demonstrated that they have a disability and that is the reason for the preferential treatment under ADEA
D)The company will have to show that the female candidate requested a higher level of compensation than the older candidate
E)The 35-year-old female candidate may have a case of reverse discrimination and can file suit under the ADEA

Question 28

Which the following constitutes a probable case of disparate impact?

A)An organization hires 25 whites and no African-Americans from a pool of 50 white and 50 African-American applicants
B)Female applicants of childbearing age are not hired for jobs requiring the use of chemicals.
C)An organization hires 30 whites and 15 African Americans from a pool of 90 white and 20 African-American applicants.
D)There are different criteria for promotion depending on a candidate's religion.
E)An organization intentionally does not promote employees who are more than 50 years old.

Question 29

Concern there may be a lawsuit filed is reason enough to use race or gender as a determinant of hiring,even if there is a detrimental impact on another group.

Question 30

A company can establish a voluntary affirmative action program to hire and promote qualified minorities even if there is no history within the company of past discrimination.

Question 31

The concept that both employees and employers can terminate an employment relationship at any time,for any reason other than those covered by law,is known as:

A)employment rights.
B)employer rights.
C)contract at will.
D)contract law.
E)employment at will.

Question 32

Which of the following is not a provision of the ADA?

A)Buildings financed with public funds need to be accessible to the disabled
B)With accommodation, employees must be able to perform the essential functions of the job
C)Employers are required to accommodate disabilities that do not cause undue hardship
D)Disabled candidates need to provide written documentation of their disability
E)Pre-employment medical examinations may be required before a job offer is made

Question 33

What does the term "prima facie" mean?

A)A body of facts presumed to be true until proven otherwise
B)An unintentional case of unfair discrimination
C)The court's final ruling
D)Past case law
E)Past legislation

Question 34

In the Goebel et al v.Frank Clothiers exercise,the company could have avoided adverse impact by interpreting the test scores according to ethnic classification of the test taker.Which of the following is correct regarding this approach?

A)Although this would involve reverse discrimination, this is legally feasible
B)This is known as "race norming" and is illegal under the CRA post 1991
C)This approach is consistent with sound HRM and High Performance Work Practices
D)This method is recommended by the courts and supported by meta-analysis data
E)This is "race norming" and is illegal under the CRA of 1991

Question 35

If an action requires significant difficulty or expense when considered in relation to factors such as a business's size,financial resources,and the nature and structure of its operation this could be considered to be a/an _________.

A)Reasonable accommodation
B)Prohibited inquiry
C)Undue hardship
D)Denial of benefits
E)Reduced benefits

Question 36

The 1988 Supreme Court case of Watson v.Fort Worth Bank & Trust established that:

A)employment testing must be job related.
B)a "hostile environment" is necessary for sexual harassment to have occurred.
C)psychological harm is necessary for sexual harassment to have occurred
D)the "disparate impact" theory may be applied to subjective employment practices.
E)bone fide occupational qualifications (BFOQs)are not a legal argument for discrimination.

Question 37

According to the decision in Ricci v.DeStefano,if an organization decides to not use the results of a selection test because of concerns there may be disparate impact against a protected class,then there cannot be a disparate impact case filed by another protected class.

Question 38

To demonstrate that a prima facie case of employment discrimination exists,the plaintiff must:

A)Show that there is high likelihood that a violation of EEO law has occurred.
B)Demonstrate that the selection rate for a protected group is less than four-fifths (80%)of the rate for the group with the highest selection rate.
C)Provide some proof of a legitimate, nondiscriminatory reason for the employment decision.
D)Demonstrate that the alleged discrimination was intentional.
E)Demonstrate that the "test" being used for selection is job related and there is no alternative method.

Question 39

Which of the following cases dealt with the issue of sexual harassment?

A)McDonnell Douglas v. Green
B)Watson v. Fort Worth Bank & Trust
C)Diaz vs. Pan American World Airways
D)Harris v. Forklift
E)United Steelworkers vs. Weber

Question 40

Who carries the initial burden of proof when demonstrating that a prima facie case of discrimination exists?

A)The court
B)The defendant
C)The district attorney
D)The Equal Employment Opportunity Commission (EEOC)
E)The plaintiff

Question 41

An individual believes that he or she has been a victim of illegal discrimination and wishes to pursue a claim through the legal system.Describe the process that he/she may go through.

Question 42

Define disparate treatment and disparate (adverse)impact.How are they different? Give an example of each.

Question 43

A competitor of yours just lost a lawsuit involving disparate treatment in their selection practices of women,and will have to comply with a court-ordered affirmative action program.This has prompted you to review your practices,which revealed disparate impact in your hiring of women,as well as certain minorities.To avoid a lawsuit,you decide to implement a voluntary affirmative action program.Describe what constitutes a legal voluntary affirmative action program.What makes an involuntary affirmative action program legal?

Question 44

List the rules provided by the EEOC for the imposition of BFOQs.

Question 45

__________ is an informal process in which a neutral third party assists the opposing parties to reach a voluntary,negotiated resolution of a charge of discrimination.

A)Retaliation
B)Discrimination
C)Arbitration
D)Validation
E)Mediation

Question 46

What did the Supreme Court say about the use of tests in Griggs v.Duke Power?

A)Tests are legal for selection if used for only entry-level jobs; they are not valid for internal candidates
B)Tests are always illegal if they result in adverse impact, regardless of how performance is related to test results
C)Personality tests cannot be used for selection if they are administered pre-offer
D)Job -relatedness can be an affirmative defense if the test is valid, regardless of adverse impact

Question 47

Define qualified individual with a disability.

Question 48

List any three regulatory interpretations issued by the EEOC.

Question 49

What is the purpose of the Equal Pay Act of 1963?

Question 50

Use the following to answer questions 45 and 46.
During an exit interview, a manager discovers that the reason an employee is resigning is because of unlawful harassment from a co-worker. This is the first time the issue has been discussed; the employee did not file a complaint per the company policy before their resignation. The employee provides details of the harassment, including the names of witnesses, but requests that no action be taken. The employee just wants to move on and leave the entire situation behind.
Now that you are aware of the alleged harassment,what should the manager do on behalf of the organization?

A)Immediately terminate the employee identified as the harasser
B)Respect the employee's request and do nothing further
C)Ignore the matter because the employee waited until it was too late to bring it up
D)Treat the matter seriously and conduct an investigation, including interviewing witnesses
E)Ignore the matter because the company policy clearly states that the victim must first confront the harasser before making a complaint to management

Question 51

A manager is suggesting that the company use the results of genetic testing as criteria for promotion to senior technical positions.The company will pay for the testing.Employees who do not agree to the testing will not be offered promotional opportunities.Which of the following is correct?

A)This is legal because the company is paying for the costs associated with the testing, and they will apply the criteria consistently across all employees being considered
B)It cannot be determined if this is legal or illegal because we do not have information that tell us if the criteria is job related or not.
C)This is illegal under ADA because the testing is being imposed on current employees. If it were for outside applicants, it would be illegal
D)This is legal under GINA, because employers are allowed to test current employees, however results of genetic testing cannot be used in decisions regarding applicants.
E)This is illegal under GINA, which prohibits the use of genetic test results being used for firing, or promotional decisions.

Question 52

If an individual believes that they have been a victim of illegal discrimination and wishes to pursue a claim through the legal system,the complaint must first be filed with the __________.

A)EEOC
B)ADA
C)ADEA
D)Civil Rights Act
E)OFCCP

Question 53

The organization that you work for has recently had sexual harassment litigation brought against it.In response,the CEO has asked you to develop a management strategy against sexual harassment.Discuss how you would develop such a plan.

Question 54

If the employee departs the organization without following the organization's harassment prevention procedures,can the employee file a complaint with the EEOC?

A)No, the employee must immediately follow the organization's harassment prevention procedures in order to qualify to file with the EEOC
B)Yes, as long as the complaint is filed in and EEOC office within 180 days of when the harassment occurred.
C)No, since the employee plans to voluntarily terminate the employment relationship, it is too late to file with the EEOC
D)Yes, as long as the complaint is filed in an EEOC office within 180 days of the date employment was terminated. E. No, however the employee may decide to file with the state agency responsible for charges of discrimination, because they do no have a time constraint on harassment related charges.

Question 55

A charge of discrimination must be filed within __________ days from the date of the alleged violation,in order to protect the charging party's rights.

A)90
B)45
C)300
D)180
E)150

Question 56

Disparate treatment occurs when:

A)When employment procedures have a disproportionately negative effect on members of a protected group.
B)The selection rate for a protected group is less than four-fifths (80%)of the rate for the group with the highest selection rate.
C)An employer intentionally discriminates against one or more members of a protected group.
D)An employer is able to demonstrate job relatedness for an employment practice.
E) When an employer claims undue hardship when considering the reasonableness of an accommodation under ADA

Question 57

As a manager gathering information necessary to determine the validity of a claim of disparate treatment alleged by a current employee,it would be important to consider:

A)The plaintiff's race, gender, national origin, color and religion
B)Is there evidence of intent?
C)Consistency in decision making criteria, such as scores on an exam, by the company
D)All of the above
E)A and C only

Question 58

EEOC stands for __________.

A)Equal Employment Opportunity Commission
B)Equal Employment Opportunity Community
C)Equal Employment Opportunity Channel
D)Equal Employment Opportunity Committee
E)Equal Employment Opportunity Contract

Question 59

In the Zimpfer exercise,an ADEA case,the county,for its defense,would need to present

A)The prima facie case.
B)A reasonable factor other than age that was the basis of the decision.
C)Proof that younger employees are preferred by customers. D Evidence that they never hire older employees because it is inconvenient
E)Evidence of race norming that is supportive of the hiring decision

Question 60

You are a manager with a U.S.company working in a division of the company that is located in Germany.You report to a Director,who is from Germany.You are due for a raise; however,your manager has indicated that you will only receive the increase in salary if you agree to start dating.Whish of the following is correct.

A)As a U.S. citizen working outside the United States, you are only covered by local law, and if there is no local law, you will need to decide if you really want the raise.
B)U)S. citizens working outside the United States are subject to Title VII and therefore you would be legally protected from the harassment
C)With the exception of the Americans with Disabilities Act, the employees of a U.S. company working outside of the borders of the United States are subject to local law.
D)You have a potential case of sexual harassment, and you will need to return to the United States to file the claim and pursue legal action.
E)Multinational employers are required to engage in mediation to resolve all issues of employment discrimination.

Question 61

When does harassment become unlawful?

Question 62

Define the four-fifths rule.