Deck 2: Understanding the Legal and Environmental Context of Hrm

Question 1

Disparate impact discrimination is defined as any practice without business justification that has unequal consequences for people of different protected groups.

Answer 1

True
Definition adopted by the EEOC and federal courts.

Question 2

An employer may not discriminate against a 57-year-old by giving preference to a 45-year-old.

Answer 2

True
The ADEA prohibits employers from giving preference to individuals within the 40 or older group.

Question 3

The Age Discrimination in Employment Act includes protection for workers under 40 years of age.

Answer 3

False
Only workers 40 years of age and older are protected by the act.

Question 4

Plaintiffs in disparate impact cases are required to use the McDonnell-Douglas test to establish a prima facie case of discrimination.

Question 5

A utilization analysis is a statistical procedure that compares the percentage of each protected group for each job category within the organization to that of the available labor market.

Question 6

EEO initiatives are "color conscious" whereas affirmative action initiatives are "color blind."

Question 7

Once a plaintiff establishes a prima facie case, the court will automatically find the employer guilty.

Question 8

EEO laws designed to eradicate employment discrimination based on race, sex, religion, national origin, age, and disability are categorized as protected classifications.

Question 9

Title VII of the 1964 Civil Rights Act covers organizations that employ 15 or more workers for at least 20 weeks during the year.

Question 10

The 1991 amendments to the 1964 Civil Rights Act extended the rights of claimants to receive punitive damages.

Question 11

If a plaintiff can prove that a company has a policy that restricts the selection of an entire protected group, he or she automatically establishes a prima facie case of disparate treatment discrimination.

Question 12

Under the 1991 amendments to Title VII, employers are permitted to use different cut-off scores on the basis of race on employment tests.

Question 13

Under the disparate treatment theory of discrimination, the plaintiff is not required to prove that the employer intentionally discriminated against them.

Question 14

When a plaintiff establishes a prima facie case, it means that the complainant has been able to establish the merits of the case sufficiently enough for the courts to agree to look into the matter further.

Question 15

The 1991 amendments to Title VII reduced the impact of EEO regulations on employers.

Question 16

Under the Americans with Disabilities Act, an employer cannot require an employee to demonstrate that they can perform the essential functions with or without a reasonable accommodation.

Question 17

In defending itself against a violation of the four-fifths rule, an employer is not required to demonstrate that the procedure in question is a business necessity.

Question 18

A disparate impact case of discrimination may be established if a company uses an employment practice that causes a disparate impact and cannot demonstrate that the challenged practice is job-related and consistent with business necessity.

Question 19

When utilizing a BFOQ defense, the employer is admitting to intentionally discriminating against all members of a protected group.

Question 20

Under the Pregnancy Discrimination Act of 1978, employees who are unable to perform their jobs because of a pregnancy-related condition must be treated in the same manner as employees who are temporarily disabled for other reasons.

Question 21

Which of the following acts entitles the victim to relief in the form of legal costs and back pay if a court determines that discrimination has occurred?

A) Civil Rights Act (Title VII)
B) Age Discrimination in Employment Act
C) Immigration Reform and Control Act
D) Americans with Disabilities Act

Question 22

Title VII of the 1964 Civil Rights Act prohibits discrimination in employment for all but which of the following bases?

A) Race
B) Sex
C) Age
D) Religion

Question 23

Categories based on race, color, sex, religion, national origin, age, and disability that are protected from discrimination by EEO laws are called:

A) preserved groups.
B) protected classifications.
C) reserved categories.
D) protected categories.

Question 24

The workplace has been experiencing a dramatic decrease in the number of dual-income families in recent years.

Question 25

Younger managers generally do not feel uncomfortable directing the work of people who are old enough to be their parents and grandparents.

Question 26

Diversity training is designed to make employees aware of their biases or stereotyped views regarding various minority groups and then convince them to change their views.

Question 27

To manage diversity effectively, an organization must be sensitive to the needs of new workers.

Question 28

Title VII of the 1964 Civil Right Act covers organizations that employ ____ or more employees.

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

Question 29

Telecommuting is a nontraditional work-at-home arrangement in which employees have an office set up in their home similar to that at the office.

Question 30

An invisible barrier in many organizations that has hindered the advancement of women and minorities is called the glass ceiling.

Question 31

There is little that organizations can do to help older workers compensate for their diminishing skills.

Question 32

Which of the following acts provides a very detailed description of the evidence needed to prove a discrimination claim?

A) Age Discrimination in Employment Act
B) Americans with Disabilities Act
C) Civil Rights Act of 1991
D) Immigration Reform and Control Act

Question 33

Subcategories of people within each protected classification are referred to as:

A) protected categories.
B) protected divisions.
C) protected groups.
D) protected sects.

Question 34

An important factor accounting for a great deal of downsizing can be traced to advances in technology.

Question 35

Which of the following is not included in the Civil Rights Act of 1991?

A) Provision to provide appropriate remedies for intentional discrimination in the workplace.
B) Provision to provide appropriate remedies for unlawful harassment in the workplace.
C) Provision to provide statutory guidelines for the adjudication of disparate impact suits.
D) Provision to reduce the scope of relevant civil rights statutes in cases of discrimination.

Question 36

Organizational restructuring generally involves a firm cutting out a layer of middle management to become less hierarchical.

Question 37

The 1991 amendments to the 1964 Civil Rights Act expose employers to the possibility of being liable for all but which of the following?

A) Fines and imprisonment
B) Punitive damages
C) Compensatory damages
D) Legal fees and back pay

Question 38

Affirmative action programs must be designed to correct for past employer discrimination or, in some cases, correct for past disparate impact.

Question 39

Protected classifications included under federal anti-discrimination laws include all but which of the following?

A) Race
B) Groupism
C) Age
D) Religion

Question 40

Under the 1991 amendments to the 1964 Civil Rights Act, an employer may be liable for ____ if the discriminatory practices were engaged in with malice or reckless indifference.

A) limited punitive damages
B) unlimited punitive damages
C) fines and imprisonment
D) limited back pay and legal fees

Question 41

What type of discrimination case is established if an employer refuses to adopt an alternative employment practice suggested by the complaining party?

A) Disparate impact
B) Disparate treatment
C) Adverse impact
D) Mixed-motive

Question 42

The ADA defines ____ as those accommodations that require significant difficulty to implement or significant expense on the part of the employer.

A) flextime
B) disparate impact
C) undue hardship
D) affirmative action

Question 43

Unintentional discrimination is referred to as ____ discrimination.

A) disparate treatment
B) disparate impact
C) mixed-motive
D) unfair labor practice

Question 44

In which of the following cases may an employer not use a business necessity defense?

A) Disparate impact
B) Disparate treatment
C) Adverse impact
D) Mixed-motive

Question 45

A supervisor that denies a female employee promotion to a high-pressure job because he feels that women do not work well under pressures is an example of a potential ____ case.

A) disparate treatment
B) disparate impact
C) affirmative action
D) unfair labor practice

Question 46

In cases of intentional discrimination, the total damages shall not exceed ____ for firms employing 201-500 employees.

A) $50,000
B) $100,000
C) $200,000
D) $300,000

Question 47

Intentional discrimination is referred to as ____ discrimination.

A) disparate treatment
B) disparate impact
C) mixed-motive
D) unfair labor practice

Question 48

The 1991 amendments to the Civil Rights Act of 1964 made it unlawful for employers:

A) to show job relatedness.
B) to use different cut-off scores for employment-related tests on the basis of race.
C) to demonstrate business necessity.
D) to demonstrate that it would have taken the same action in the absence of an impermissible motivating factor.

Question 49

A case of prima facie discrimination is established if the hiring rate of a disadvantaged group is less than ____ of the advantaged group.

A) half
B) three-fourths
C) four-fifths
D) one-third

Question 50

The Immigration Reform and Control Act (IRCA) of 1986 prohibits discrimination on the basis of:

A) color and national origin.
B) color and citizenship.
C) citizenship and national origin.
D) national origin and religion.

Question 51

What type of discrimination occurs if an arbitrary selection practice resulted in the selection of a disproportionately low number of people belonging to a particular protected group?

A) Disparate treatment
B) Disparate impact
C) Mixed-motive
D) Intentional discrimination

Question 52

The McDonnell-Douglas test requires that plaintiffs show all but which of the following to establish a prima facie case of discriminatory treatment?

A) Individual belongs to the protected group in question.
B) Adoption of an arbitrary selection practice.
C) Individual was rejected even though qualified for a specific job that he/she applied for.
D) After rejection, the position was filled by someone who was not a member of that protected group.

Question 53

In addition to being an anti-discrimination statute, IRCA requires employers to:

A) obtain proof that the person offered the job is not an illegal alien.
B) develop an affirmative action plan.
C) conduct utilization analysis.
D) use different cut-off scores on employment-related tests on the basis of national origin.

Question 54

All the following are true about mixed-motive cases EXCEPT:

A) The employment decision, such as hiring or promotion, is based partly on a "legitimate" motive.
B) The employment decision is partly based on a discriminatory motive.
C) The CRA of 1991 states that mixed-motive decisions are lawful.
D) It is a form of employment discrimination.

Question 55

Which process is used to determine whether between-group differences in hiring rates are large enough to be important in a disparate impact case?

A) McDonnell-Douglas test
B) Four-fifths rule
C) Utilization analysis
D) Quota analysis

Question 56

A prima facie case of disparate treatment may be established in all but which of the following ways?

A) Show a restricted company policy
B) Show that discriminatory remarks were being used
C) The McDonnell-Douglas test
D) The four-fifths rule

Question 57

The type of discrimination case in which an employment decision is based partially on a "legitimate" motive and partially on a discriminatory one is known as a(n):

A) prima facie case.
B) adverse impact case.
C) mixed-motive case.
D) disparate impact case.

Question 58

What type of case is established if an employee presents evidence that makes the employer's actions appear discriminatory?

A) Mixed-motive
B) Unintentional discrimination
C) Disparate impact
D) Prima facie

Question 59

An employee of an employer covered by the ADA must be offered a(n) ____ if they can otherwise perform the essential functions of the job.

A) reasonable accommodation
B) different job
C) paid leave policy
D) undue hardship job

Question 60

The main provisions of the 1991 amendments to the Civil Rights Act of 1964 included all but which of the following?

A) Compensatory damages
B) Caps on damages based on the number of employees employed by the employer
C) Jury trial if either party demands one
D) Punitive damages in disparate impact cases

Question 61

Which of the following is not an example of an action step in an affirmative action implementation?

A) Meet with protected group employees to request suggestions.
B) Review current selection and promotion procedures to determine job relatedness.
C) Design and implement a career counseling program for lower-level employees.
D) Install a more subjective performance appraisal system.

Question 62

Which of the following forms of preferential treatment is forbidden by the CRA of 1991 and is thus illegal?

A) Preferential layoffs
B) One-for-one hiring
C) Extra consideration in hiring
D) Differential standards

Question 63

____ is defined as treating people unfairly based on their membership in a protected group.

A) Disparate treatment
B) Disparate impact
C) Affirmative action
D) Remedial action

Question 64

Which of the following should be carried out before developing a remedial plan during affirmative action implementation?

A) Remedial analysis
B) Utilization analysis
C) Strategic analysis
D) Quota analysis

Question 65

The practice of giving members of underutilized groups some advantage over others in the employment process is called:

A) remedial action.
B) affirmative action.
C) preferential treatment.
D) intentional discrimination.

Question 66

An affirmative action plan ____ specifies the percentage of protected group representation it seeks to reach.

A) goal
B) timetable
C) strategy
D) reach

Question 67

Which form of preferential treatment is practiced when a firm increases minority representation by hiring one minority for each nonminority hired?

A) One-for-one hiring
B) Extra consideration in hiring
C) Minority positions
D) Differential standards

Question 68

A ____ case of sex discrimination can be established if the court determines that an employer's hiring rate for women workforce is less than four-fifths of the hiring rate for men.

A) disparate impact
B) disparate treatment
C) prima facie
D) mixed-motive

Question 69

Which of the following forms of preferential treatment is illegal if it violates the provisions of a collective bargaining agreement?

A) Minority positions
B) Differential standards
C) Preferential layoffs
D) Extra consideration in hiring

Question 70

____ is a statistical procedure that compares the percentage of each protected group for each job category within the organization to that in the available labor market.

A) Utilization analysis
B) Remedial analysis
C) Quota analysis
D) Affirmative analysis

Question 71

The U.S. Supreme Court has ruled that preferential treatment is legal if engaged in as part of a bona fide affirmative action plan that confirms to all of the following EXCEPT:

A) it is designed to remedy underutilization.
B) it is flexible in nature.
C) it is on a permanent basis.
D) it is reasonable in nature.

Question 72

____ is defined as any practice without business justification that has unequal consequences for people of different groups.

A) Disparate impact
B) Disparate treatment
C) Affirmative action
D) Remedial action

Question 73

Firms using the practice of ____ consider only members from underutilized groups when filling a particular position.

A) differential standards
B) one-for-one hiring
C) minority positions
D) extra consideration in hiring

Question 74

To defend itself against a violation of the four-fifths rule, a firm must demonstrate that the procedure in question is a(n):

A) business necessity.
B) reasonable accommodation.
C) authentic characteristic.
D) traditional characteristic.

Question 75

All the following are true about an affirmative action plan EXCEPT:

A) It aim to redress past discrimination against protected classes.
B) It attempts to accomplish its aims through initiatives that are "color-blind."
C) It aims to correct racial and gender imbalances in the workforce.
D) The overall aim of affirmative action is identical to that of EEO.

Question 76

Employment criteria must directly relate to a prospective employee's ability to perform the job effectively to be justified as a:

A) business necessity.
B) reasonable accommodation.
C) prima facie case.
D) mixed-motive case.

Question 77

Which of the following forms of preferential treatment is used to remedy a severe case of underutilization?

A) One-for-one hiring
B) Extra consideration in hiring
C) Recruitment efforts
D) Preferential layoffs

Question 78

Which of the following is not an element of an affirmative action plan?

A) Goal
B) Action step
C) Appraisal
D) Timetable

Question 79

Under which of the following conditions is preferential treatment considered illegal?

A) The applicant hired must meet the minimum qualifications for the job.
B) The AAP must be temporary in nature.
C) The numerical hiring goals must be reasonable.
D) The protected group status must be the only factor considered in the hiring decision.

Question 80

A(n) ____ is a written statement that specifies how the organization plans to increase the utilization of targeted groups.

A) reasonable accommodation plan
B) remedial action plan
C) affirmative action plan
D) utilization plan