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

Question 1

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

Answer 1

False
Explanation: President Johnson issued executive order 11246 that prohibits discrimination based on race, color, religion, sex, and national origin. Unlike Title VII, this order applies only to federal contractors and subcontractors.

Question 2

Reasonable accommodation simply requires an employer to refrain from discriminating acts.

Answer 2

False
Explanation: Rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion.

Question 3

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

Answer 3

False
Explanation: As per the Pregnancy Discrimination Act, pregnancy-related benefits cannot be limited to married employees, and if an employer provides any benefits to workers on leave, they must also provide the same benefits for those on leave for pregnancy-related conditions.

Question 4

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 5

The defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

Question 6

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

Question 7

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 8

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

Question 9

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

Question 10

Individuals who feel they have been discriminated against must file a complaint with the EEOC within 30 days of the incident.

Question 11

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

Question 12

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

Question 13

Disparate treatment occurs when a seemingly neutral employment practice disproportionately excludes a protected group from employment opportunities.

Question 14

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

Question 15

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 16

The foundation for the U.S. legal system is set forth in the U.S. Constitution.

Question 17

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

Question 18

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

Question 19

Section 1981 of the Civil Rights Act granted all persons the same property rights as white citizens.

Question 20

The standard deviation rule uses actual probability distributions to determine disparate impact.

Question 21

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 22

The legislative branch of the federal government:

A)functions under the authority and supervision of the president.
B)appoints the judges in the federal judicial system.
C)consists of the House of Representatives and the Senate.
D)enforces the laws that are passed in the United States.
E)issues executive orders to regulate the activities of organizations.

Question 23

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

Question 24

Which of the following amendments forbids the states from taking life, liberty, or property without due process of law and prevents the states from denying equal protection of the laws?

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

Question 25

Which of the following amendments states that all individuals are entitled to equal protection under the law?

A)Eighth Amendment
B)Fourteenth Amendment
C)Sixteenth Amendment
D)Nineteenth Amendment
E)Fifth Amendment

Question 26

The executive branch of the federal government:

A)consists of administrative agencies such as the National Labor Relations Board.
B)consists of the House of Representatives and the Senate.
C)develop laws that govern many HRM activities in the U.S.
D)enacts laws such as the Civil Rights Act.
E)consists of the president and the many regulatory agencies the president oversees.

Question 27

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

Question 28

The Fourteenth Amendment:

A)is applicable only to state actions.
B)is applicable only to discrimination against blacks.
C)abolished slavery in the United States.
D)is part of the Bill of Rights.
E)prohibited making of any law respecting establishment of a religion.

Question 29

Section 1982 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 30

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

Question 31

The Equal Pay Act is an amendment to the:

A)Age Discrimination in Employment Act.
B)Lilly Ledbetter Fair Pay Act.
C)Pregnancy Discrimination Act.
D)Fair Labor Standards Act.
E)Civil Rights Act of 1871.

Question 32

The job hazard analysis technique is an analysis methodology that helps managers determine which specific element of a job led to a past accident.

Question 33

Which of the following directives is issued by the President?

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

Question 34

Executive order 11246 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 35

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 36

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 37

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

A)President pro tempore of the Senate
B)Secretary of State
C)Vice President
D)President
E)Speaker of the House

Question 38

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

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

Question 39

A woman and a man are both performing the job of executive assistant. They have similar experience and their productivity levels are comparable. However, the woman's salary is $2,000 less than the man. Which of the following legislations will be most helpful to the women if she has to file a lawsuit against this discrimination?

A)Federal Employers' Liability Act
B)Equal Pay Act
C)Violence Against Women Act
D)Vocational Rehabilitation Act
E)Unlawful Corporate Payments Act of 1977

Question 40

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 41

Which of the following is the agency 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)Civil Service Commission
E)Centre for Civil and Human Rights

Question 42

The Office of Federal Contract Compliance Programs has authority to enforce the:

A)Equal Pay Act.
B)Americans with Disabilities Act.
C)Vietnam Era Veteran's Readjustment Act.
D)Vocational Rehabilitation Act.
E)Title VII of the Civil Rights Act of 1964.

Question 43

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 such methods as quantitative techniques.
E)abolish personal interviews as a method of selecting federal employees.

Question 44

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

A)Office of Federal Contract Compliance Programs
B)Center for Civil & Human Right
C)Equal Employment Opportunity Commission
D)U.S. Department of Commerce
E)Employment Standards Administration of the Department of Labor

Question 45

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)Department of Commerce
D)Civil Service Commission
E)Center for Civil & Human Right

Question 46

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 47

Which of the following is a document issued by the Equal Employment Opportunity Commission to an alleged victim to certify that it has investigated and found validity in the victim's allegations against an organization?

A)Probate decree
B)Yellow-dog contract
C)Garnishment decree
D)Right to sue
E)Consent decree

Question 48

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 49

Which of the following legislations prohibit discrimination based on race, color, religion, sex, and national origin?

A)Thirteenth Amendment
B)Executive order 11246
C)Revenue Act of 1913
D)Federal Reserve Act
E)Federal Tort Claims Act

Question 50

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

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

Question 51

Which of the following states that it is illegal for an employer to fail or refuse to hire or discharge any individual, or otherwise discriminate against any 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 52

The Equal Employment Opportunity Commission has the responsibility of:

A)investigating and resolving discrimination complaints, gathering information, and issuing guidelines.
B)enforcing the executive orders that cover companies doing business with the federal government.
C)conducting value analyses for all companies doing business with the federal government.
D)drafting affirmative action plans to select employees for companies doing business with the federal government.
E)developing action plans to reduce the underutilization of resources by government agencies.

Question 53

Executive order 11246 is enforced by the:

A)Office of Federal Contract Compliance Procedures.
B)U.S. Office of Personnel Management.
C)Equal Employment Opportunity Commission.
D)court systems.
E)Civil Service Commission.

Question 54

After the EEOC has taken responsibility for investigating the 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 55

The agreement between the Equal Employment Opportunity Commission and an organization that the organization will cease certain discriminatory practices is known as a:

A)yellow-dog contract.
B)collective contract.
C)consent decree.
D)probate decree.
E)garnishment decree.

Question 56

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

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

Question 57

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

A)Civil Rights Act of 1991.
B)Pregnancy Discrimination Act.
C)executive order 11478.
D)Equal Pay Act of 1963.
E)Americans with Disabilities Act.

Question 58

The _____ is a set of guidelines issued jointly by the Equal Employment Opportunity Commission, the Department of Labor, the Department of Justice, and the U.S. Civil Service Commission.

A)Uniform Guidelines on Employee Selection Procedures
B)Guidelines for Employment Security
C)Guidelines for Employee Facilities
D)Uniform Guideline for Golden Handshake
E)Uniform Guideline for Job Design and Job Description

Question 59

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

A)30
B)60
C)180
D)270
E)360

Question 60

Which of the following agencies is responsible for enforcing the Title VII of the Civil Rights Act and the Equal Pay Act?

A)Centre for Civil and Human Rights
B)Equal Employment Opportunity Commission
C)Office of Federal Contract Compliance Programs
D)Civil Service Commission
E)U.S. Office of Personnel Management

Question 61

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

Question 62

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

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

Question 63

Alice and Charlie work in the same team. Lately, Alice notices that Charlie likes to make subtle physical contacts with her while discussing work. He comments on her dressing style and hints that he would like to pursue an intimate relationship. Alice is upset because of Charlie's behaviors. Alice can sue Charlie for _____.

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

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 nurture an employee.
C)define whether or not an employee can be the member of any labor unions.
D)specify the percentage of women and minorities that the employer seeks to have in each job group.
E)define the minimum standards that an employee should have to be part of the organization.

Question 66

Which of the following rules states that an employment test has disparate impact if the hiring rate for a minority group is less than a certain 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 67

Company X conducts a pen-and-paper test to select employees. But, the number of African-American candidates rejected in the test is unusually large in comparison with the number of American candidates rejected in the test. This situation is an example of:

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

Question 68

Adam and Dean graduate from the same university with the same grades. They apply for a job in a company. The company decides to hire Adam and not Dean because Dean suffers from lymphatic disorders. In this case, Dean is a victim of:

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

Question 69

_____ 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 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 the promotion procedure in his/her company leaves too much discretion to the managers and provides avenue through which biases creep in, he/she can file a lawsuit for:

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

Question 72

Which of the following components of an affirmative action plan compares the race, sex, and ethnic composition of the employer's workforce with that of the available labor supply?

A)Contingency analysis
B)Timetable
C)Goal
D)Action step
E)Utilization analysis

Question 73

A spa hires only women for handing out towels in its women's locker room. This is a case of:

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

Question 74

Under _____, intent is irrelevant.

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

Question 75

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

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

Question 76

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

A)Affirmative action
B)Disparate treatment
C)Disparate impact
D)Quid pro quo
E)Minority accommodation

Question 77

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 78

According to the Civil Rights Act 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 on discrimination

Question 79

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

A)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 80

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

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