Deck 4: Legal Issues Affecting the HR Workplace

Question 1

All affirmative action plans are __________.

A) Voluntary, except for employers with government contracts
B) The same length and format
C) Relatively easy to complete, requiring minimal staff time
D) To be made available for review by managers and supervisors

Answer 1

To be made available for review by managers and supervisors

Question 2

Sexual harassment __________.

A) Is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964
B) Occurs when a supervisor links specific employment outcomes to the individuals' granting sexual favors
C) Occurs when the harassment unreasonably interferes with work performance
D) All of these

Answer 2

All of these

Question 3

Which of the following is an unlawful inquiry prior to hiring?

A) Whether a U.S. citizen
B) Inquiry into foreign address
C) Requiring proof of age in the form of a work permit issued by school authorities
D) Inquiry into place and length of current address

Answer 3

Inquiry into foreign address

Question 4

Which of the following activities are performed during the actions and reporting phase of an affirmation action plan?

A) Calculate underutilization statistics
B) Update the plan every two years
C) Provide additional information during an audit
D) Compare available labor to hired staff

Question 5

What is the purpose of the Older Workers Benefit Protection Act of 1990?

A) Requires employers to have flexible work schedules
B) Requires retirement benefit plans to include comprehensive medical care
C) Prohibits age-based discrimination in early retirement
D) Prohibits termination due to high utilization of benefit plans

Question 6

Which of the following is a legitimate example of a bona fide occupational qualification (BFOQ)?

A) A male required to work the evening shift in a high-crime area
B) A female caregiver dealing with female patients
C) A male required to lift 160 lbs as part of a hospital security team
D) All of the above

Question 7

Differences in pay may not be allowed under The Equal Pay Act of 1963 in which of the following situations?

A) Gender
B) Performance
C) Seniority
D) Production quantity

Question 8

Which of the following activities are performed during the analyses and comparisons phase of an affirmation action plan?

A) Job title/salary analysis
B) Workforce analysis
C) Timelines determined
D) Analysis of external availability by job group

Question 9

What was the major impact of the Civil Rights Act of 1991?

A) It allows victims of discrimination to receive compensatory damages
B) It allows victims of discrimination to receive punitive damages
C) It allows victims of discrimination to receive compensatory and punitive damages
D) The amount of damages are determined by judges rather than jury trial

Question 10

What is the best tool to eliminate sexual harassment in the workplace?

A) Quick action taken
B) Disciplinary action taken against offenders
C) Prevention
D) Establishing a complaint process

Question 11

Which of the following is not a federal EEO law?

A) Pregnancy Discrimination Act
B) Americans with Disabilities Act
C) Promotion Discrimination Act
D) Civil Rights Act of 1991

Question 12

What have some firms done to break down the " glass ceilings" that keep women from progressing in certain fields?

A) Established formal mentoring programs
B) Recruited from distant geographical areas
C) Hired unqualified staff and encouraged on the job training
D) Conducted more frequent training and development sessions

Question 13

The Equal Employment Opportunity legislation is __________.

A) Title VII of The Civil Rights Act of 1964
B) Designed to deal with employment discrimination
C) Designed to protect individuals in a protected class
D) All of the above

Question 14

Sexual harassment must be __________.

A) Committed by a member of the opposite sex
B) Unwelcome conduct by the harasser
C) Experienced by the person being harassed
D) Committed by an employee of the organization

Question 15

Employers institute affirmative action __________.

A) When a protected-class group is underrepresented relative to its availability in the recruiting labor market
B) Because they are required to do so as a government contractor with more than 20 employees
C) Because they are required to do so as a government contractor with more than $20,000 in government contracts annually
D) All of the above

Question 16

A utilization analysis is an activity that is part of a/an __________.

A) Job analysis
B) Affirmative action plan
C) Age discrimination investigation
D) Disparate impact charge

Question 17

Potential sexual harassers include __________.

A) Former employees
B) Customers
C) Co-workers
D) All of the above

Question 18

Discrimination is determined based on __________.

A) The motives and intentions of the employer
B) The outcome of the employer's actions
C) Whether one group of employees is treated differently from others
D) Whether the employee has proven that employment-related decisions were not specifically job related

Question 19

In order to comply with EEO regulations and guidelines,employers should __________.

A) Have a written EEO policy statement
B) Disseminate the EEO policy statement to key leadership staff
C) File a biannual report with the EEOC
D) All of the above

Question 20

A hostile work environment exists if conduct __________.

A) Was offensive
B) Interfered with an employee's work performance
C) Affected the employee's psychological well-being
D) None of the above

Question 21

It is acceptable to make an inquiry regarding receipt of worker's compensation prior to hiring.

Question 22

According to The Age Discrimination in Employment Act,the current minimum mandatory retirement age is __________.

A) 65
B) 70
C) 75
D) There is none

Question 23

If a healthcare employee feels they are discriminated based on their race,which organization would assist in enforcing the applicable law?

A) Office of Federal Contract Compliance
B) Department of Labor
C) National Institute of Health (NIH)
D) Equal Employment Opportunity Commission (EEOC)

Question 24

Other bases of discrimination as determined by various laws include __________.

A) Allowing for excessive absences due to religious activities
B) Requirements to accommodate language barriers for immigrants
C) Prohibiting discrimination based on sexual orientation or lifestyle
D) Leaves of absence with reemployment rights up to seven years for military service

Question 25

Generally,employers have prevailed when charges of discrimination against a person with a mental disability have been brought against them.

Question 26

Employers having federal defense contracts are exempt from EEO regulations and guidelines to the extent that is otherwise required by federal law for security purposes.

Question 27

Sexual harassment is a form of sex discrimination that violates Title VII of The Civil Rights Act of 1964.

Question 28

An employer is required to have an affirmative action plan only if he/she is a government contractor or he/she has a court order as a result of past violations of laws.

Question 29

The Civil Rights Act prohibits discrimination based on sexual orientation.

Question 30

What complaint categories exist at the EEOC?

A) Emergency, urgent, and routine
B) Priority, needing further investigation, and immediate dismissal
C) A, B, and C
D) Red, yellow, and green

Question 31

Options to consider following an EEO complaint investigation could be __________.

A) Settle the complaint
B) Negotiate different terms of the settlement
C) Oppose the charges and begin court proceedings
D) All of the above

Question 32

The EEOC has ruled that the denial of prescription contraceptives under employer-provided health plans violates the Pregnancy Discrimination Act.

Question 33

The Civil Rights Act of 1991 clarifies that the plaintiffs bringing discrimination charges must identify the particular employment practice being challenged and must show that protected-class status was a major factor.

Question 34

Employers can control many problems and expenses associated with EEO complaints by __________.

A) Having a lengthy, thorough review of the situation
B) Quickly referring claims to an outside agency
C) Developing an internal complaint system
D) All of the above

Question 35

The Americans with Disabilities Act contains the following requirements dealing with employment.

A) Discrimination is prohibited against individuals with disabilities who can perform the essential job functions
B) Employers must make reasonable accommodations, unless undue hardship would be placed on the employer
C) Pre-employment medical examinations are prohibited, except after a conditional employment offer is made
D) All of the above

Question 36

Title VII of The Civil Rights Act of 1991is the first Federal law to prohibit discrimination in employment on the basis of gender.

Question 37

Stages in responding to EEO complaints are __________.

A) Review, investigate, and settle
B) Review, cooperate, and oppose in court
C) Review, take no retaliatory action, investigate, cooperate, and determine employer action
D) Review, and then settle or oppose in court

Question 38

EEO laws prohibit employers from retaliating against individuals who file discrimination charges.

Question 39

A bona fide occupational qualification is a legitimate reason why an employer can exclude persons on otherwise illegal bases of consideration.

Question 40

Affirmative action is universally supported as a means to select,train,and promote protected-class members when they are underrepresented in an organization.

Question 41

Content validity shows the relationship between an abstract characteristic inferred from research and job performance.

Question 42

It is recommended that EEO records should be retained a minimum of three years.