Question 1

________ refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion.
A) Disparate treatment
B) Unintentional discrimination
C) Adverse impact
D) Prima facie

Accepted Answer

Adverse impact is also known as disparate impact and refers to a situation where a particular action, such as a pre-employment test or selection procedure, has a disproportionately negative impact on a protected group, resulting in a lower percentage of that group being selected. This type of discrimination is unintentional, but still violates equal employment opportunity (EEO) laws.

Question 2

Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact.
A) occupational qualification
B) business necessity
C) affirmative action
D) burden of proof

Accepted Answer

The principle of business necessity can be used as a defense for any existing program that has adverse impact, as established in Griggs v. Duke Power Company. This defense requires the employer to demonstrate that the practice is necessary for the safe and efficient operation of the business, and there is no alternative practice that would accomplish the business purpose with less discriminatory impact.

Question 3

If race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway, a ________ exists.
A) third defense option
B) business necessity
C) defense for liability
D) None of the above.

Accepted Answer

The correct answer is A because a third defense option exists when an employer can prove that the employee would have been terminated for failure to perform anyway, even if race, color, religion, sex, or national origin was a motivating factor in the termination.

Question 4

The ADA prohibits discrimination against ________, those who can carry out the essential functions of the job with or without reasonable accommodation.
A) disabled individuals
B) qualified individuals
C) drug users
D) All of the above.

Accepted Answer

The correct answer is B, as the ADA protects qualified individuals who can perform the essential job functions with or without reasonable accommodation. The act does not protect those who currently use illegal drugs, but it does protect individuals who have a history of drug addiction but are currently in recovery. Therefore, answer choice C is incorrect. Answer choice D is also incorrect as it includes drug users, which are not protected under the ADA.

Question 5

Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job-related for the position in question?
A) the plaintiff
B) the defense attorney
C) the employer
D) the EEOC office

Accepted Answer

The burden of proving that the challenged practice is job-related for the position in question falls on the employer. This means that the employer must show that the practice is necessary for the job and that there are no other alternatives that would not result in such a discriminatory impact.

Question 6

Sally is known as a big flirt around the office. She often makes sexual innuendos to men at work, both co-workers and her subordinates although their work performance has not changed. What form of sexual harassment is this an example of?
A) hostile environment created by supervisors
B) hostile environment created by co-workers
C) hostile environment created by non-employees
D) This is not sexual harassment.

Accepted Answer

The answer of Sally is known as a big flirt...

Question 7

Judy was up for a promotion when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which form of sexual harassment is this?
A) quid pro quo
B) hostile environment created by supervisors
C) hostile environment created by co-workers
D) hostile environment created by non-employees

Accepted Answer

This is an example of quid pro quo sexual harassment as the supervisor is conditioning the promotion on the employee engaging in a sexual relationship with him.

Question 8

When harassment is of a serious nature, an employee can consider suing for ________.
A) assault and battery
B) emotional distress
C) compensatory and punitive damages
D) All of the above.

Accepted Answer

When harassment is of a serious nature, an employee can consider suing for assault and battery, emotional distress, and also be entitled to receive compensatory and punitive damages. These damages can include compensation for medical bills, lost wages, pain, and suffering, as well as punishment for the harasser and deterrence for future harassers.

Question 9

Religion may be used as a BFOQ if ________.
A) a religious organization requires employees to share their religion
B) an employer does not want to honor an employee's religious holidays
C) Both A and B.
D) Neither A nor B.

Accepted Answer

A religious organization may require employees to share their religion as a BFOQ (bona fide occupational qualification). This is because religion is a fundamental aspect of the organization's mission and purpose.

Question 10

Which of the following is NOT a guideline arising out of Griggs v. Duke Power?
A) job relatedness
B) burden of proof on employer
C) discrimination need not be intentional
D) discrimination must have disparate impact only

Accepted Answer

The guideline that discrimination must have disparate impact only is not a part of Griggs v. Duke Power. The landmark case established the guidelines of job relatedness and business necessity as criteria for employment practices, burden of proof on the employer to show that their practices are not discriminatory, and the recognition that discrimination need not be intentional to be illegal.

Question 11

Which of the following is not a way an employer can show reasonable care to defend against sexual harassment liability?
A) training employees in sexual harassment policies
B) instituting a sexual harassment reporting process
C) investigating sexual harassment charges promptly
D) All of the above are ways of showing reasonable care.

Accepted Answer

All of the options listed (training employees, instituting a reporting process, and investigating charges promptly) are examples of ways an employer can show reasonable care to defend against sexual harassment liability.

Question 12

Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decided to quit rather than endure the jokes any longer. What form of sexual harassment is Shelley a victim of?
A) quid pro quo
B) hostile environment created by supervisors
C) hostile environment created by co-workers
D) None of the above; Shelley is not a victim of sexual harassment.

Accepted Answer

Shelley is experiencing a hostile work environment created by her supervisor, Gus, due to his inappropriate sexual jokes, which made her uncomfortable enough to quit.

Question 13

The ________ prohibits employers from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment.
A) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) American with Disabilities Act of 1990
D) Vietnam Era Veterans' Readjustment Assistance Act of 1974

Accepted Answer

The American with Disabilities Act of 1990 prohibits discrimination against qualified individuals with disabilities in all areas of employment, including applications, hiring, discharge, compensation, advancement, training, and other terms and conditions of employment. The Civil Rights Act of 1991 prohibits discrimination on the basis of race, color, religion, sex, or national origin, but does not specifically address disabilities. The Federal Violence Against Women Act of 1994 addresses domestic violence, sexual assault, and stalking, but does not relate to employment discrimination. The Vietnam Era Veterans' Readjustment Assistance Act of 1974 prohibits discrimination against Vietnam veterans in employment, but does not address disabilities in general.

Question 14

Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear. The studio is using ________ as a justification for not considering women for the jobs.
A) BFOQ
B) ADEA
C) EEOC
D) None of the above.

Accepted Answer

BFOQ (Bona Fide Occupational Qualification) refers to a qualification that is reasonably necessary to the normal operation of a particular business or enterprise, which allows employers to discriminate on the basis of gender, religion, or national origin, among other factors. In this case, Pictures and Promotions Modeling Studio seeks to hire male models for a men's wear fashion show, which can be considered a BFOQ because it is reasonably necessary to have male models to showcase men's clothing properly. Thus, they can use BFOQ as a justification for not considering women for the jobs.

Question 15

Which of the following characteristics could serve as a BFOQ depending on the nature of the job requirements?
A) age
B) gender
C) religion
D) All of the above.

Accepted Answer

All of the above characteristics (age, gender, religion) could potentially serve as a BFOQ depending on the nature of the job requirements. For example, a job that requires a certain level of physical strength or agility may have an age limit as a BFOQ. Similarly, a job that involves intimate personal care services may have a gender or religion BFOQ. However, it is important to note that BFOQs must be job-related and necessary for the normal operation of the business. Additionally, they must be based on objective criteria and not stereotypes or assumptions about individuals based on their characteristics.

Question 16

According to the Americans with Disabilities Act, which of the following is NOT considered a disability?
A) homosexuality
B) voyeurism
C) pyromania
D) All of the above.

Accepted Answer

The Americans with Disabilities Act does not consider homosexuality, voyeurism, or pyromania as disabilities. It defines a disability as a physical or mental impairment that substantially limits one or more major life activities.

Question 17

The greatest number of claims brought under the ADA is related to ________ disabilities.
A) learning
B) mobility impairments
C) mental
D) hearing

Accepted Answer

The greatest number of claims under the Americans with Disabilities Act (ADA) is related to mental disabilities, which include conditions such as depression, anxiety, and other mental health disorders.

Question 18

All of the following are ways an employee can prove sexual harassment except:
A) quid pro quo.
B) hostile environment created by supervisors.
C) hostile environment created by co-workers.
D) hostile environment created by non-employees.
E) All of the above are ways an employee can prove sexual harassment.

Accepted Answer

All of the options listed (quid pro quo, hostile environment created by supervisors, hostile environment created by co-workers, and hostile environment created by non-employees) are ways that an employee can prove sexual harassment.

Question 19

________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.
A) Disparate treatment
B) Disparate impact
C) Adverse impact
D) Prima facie

Accepted Answer

Disparate treatment refers to intentional or deliberate discrimination against a particular group or individual, whereas disparate impact refers to practices or policies that have a discriminatory effect on a particular group even if they are not intended to be discriminatory. Adverse impact refers specifically to the effects of discriminatory practices or policies and prima facie refers to a type of legal evidence that is sufficient on its face to prove a particular claim or case.

Question 20

In the absence of formal harassment policies, what is the first step an employee should take to address a problem of sexual harassment?
A) file a complaint with the local EEOC office
B) file a complaint with the human resource director
C) write a letter to the accuser
D) file a verbal complaint with the harasser and the harasser's boss

Accepted Answer

The first step is to address the issue directly by informing the harasser and their supervisor, if possible, to give them a chance to correct the behavior.

Quiz 2: Managing Equal Opportunity and Diversity

________ refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion.

Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact.

If race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway, a ________ exists.

The ADA prohibits discrimination against ________, those who can carry out the essential functions of the job with or without reasonable accommodation.

Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job-related for the position in question?

Sally is known as a big flirt around the office. She often makes sexual innuendos to men at work, both co-workers and her subordinates although their work performance has not changed. What form of sexual harassment is this an example of?

Judy was up for a promotion when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which form of sexual harassment is this?

When harassment is of a serious nature, an employee can consider suing for ________.

Religion may be used as a BFOQ if ________.

Which of the following is NOT a guideline arising out of Griggs v. Duke Power?

Which of the following is not a way an employer can show reasonable care to defend against sexual harassment liability?

Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decided to quit rather than endure the jokes any longer. What form of sexual harassment is Shelley a victim of?

The ________ prohibits employers from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment.

Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear. The studio is using ________ as a justification for not considering women for the jobs.

Which of the following characteristics could serve as a BFOQ depending on the nature of the job requirements?

According to the Americans with Disabilities Act, which of the following is NOT considered a disability?

The greatest number of claims brought under the ADA is related to ________ disabilities.

All of the following are ways an employee can prove sexual harassment except:

________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.

In the absence of formal harassment policies, what is the first step an employee should take to address a problem of sexual harassment?