Question 1

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

Accepted Answer

It is illegal to make specific inquiries into an applicant's history of workers' compensation claims before making a job offer. However, after a job offer has been made, an employer may ask about prior workers' compensation claims as part of the background check process.

Question 2

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

Accepted Answer

The Age Discrimination in Employment Act does not specify a mandatory retirement age. Employers cannot discriminate against employees or job applicants on the basis of age, and employees are allowed to continue working as long as they are able to perform their job duties.

Question 3

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

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on their race. The EEOC investigates complaints of discrimination and takes legal action against employers who violate these laws.

Question 4

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

Accepted Answer

Discrimination based on sexual orientation or lifestyle is explicitly prohibited by various laws and regulations, aiming to ensure equal treatment and opportunities for individuals regardless of their sexual orientation or lifestyle choices.

Question 5

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

Accepted Answer

Unfortunately, there is still discrimination against people with mental disabilities in the workplace. Employers have often prevailed in discrimination cases, but this does not mean that discrimination does not occur. It is important to continue working towards equal opportunities and fair treatment for individuals with mental disabilities in all aspects of life, including employment.

Question 6

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.

Accepted Answer

Federal defense contractors may be exempt from certain EEO regulations if compliance would conflict with national security requirements as mandated by federal law.

Question 7

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

Accepted Answer

Sexual harassment is explicitly listed as a form of sex discrimination under Title VII of The Civil Rights Act of 1964.

Question 8

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.

Accepted Answer

An employer is required to have an affirmative action plan if he/she is a government contractor or has 50 or more employees and a federal contract of $50,000 or more. Additionally, some states and municipalities may require affirmative action plans for certain employers or industries. There is no requirement for a court order resulting from past violations of laws.

Question 9

The Civil Rights Act prohibits discrimination based on sexual orientation.

Accepted Answer

The Civil Rights Act does not explicitly mention sexual orientation as a protected characteristic. However, some court decisions have interpreted sex discrimination to include discrimination against LGBTQ+ individuals. The Equality Act, which has not yet been passed, seeks to explicitly include sexual orientation as a protected characteristic under the Civil Rights Act.

Question 10

What complaint categories exist at the EEOC?

Accepted Answer

The EEOC categorizes complaints based on their nature and urgency, including those that are a priority, require further investigation, or are subject to immediate dismissal. This helps in managing and addressing complaints efficiently.

Question 11

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

Accepted Answer

All of the options listed are potential courses of action following an EEO complaint investigation. The best choice(s) depend on the specific circumstances of the case and the desired outcome. Settlement or negotiating different terms of the settlement may be preferable to avoid the time and expense of court proceedings. However, there may be situations where opposing the charges and going to court is the appropriate choice.

Question 12

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

Accepted Answer

The EEOC (Equal Employment Opportunity Commission) has indeed ruled that the denial of prescription contraceptives under employer-provided health plans violates the Pregnancy Discrimination Act. This ruling was made in 2000 and has been upheld in multiple court cases.

Question 13

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.

Accepted Answer

The Civil Rights Act of 1991 requires plaintiffs to show that discrimination was a motivating factor, but not necessarily the major factor, in the employment decision.

Question 14

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

Accepted Answer

Developing an internal complaint system allows employers to address EEO complaints internally, potentially resolving issues before they escalate to external agencies. This can not only save costs associated with legal fees and settlements, but it also helps to maintain a positive reputation for the company. Having a lengthy, thorough review of the situation and quickly referring claims to an outside agency do not necessarily address the root cause of the issue or prevent similar problems from arising in the future.

Question 15

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

Accepted Answer

All of the options are correct. The Americans with Disabilities Act prohibits discrimination against individuals with disabilities as long as they can perform essential job functions. Employers must make reasonable accommodations for employees with disabilities, unless it would place an undue hardship on the employer. Pre-employment medical examinations are also only allowed after a conditional employment offer has been made.

Question 16

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

Accepted Answer

Title VII of The Civil Rights Act of 1964 was the first Federal law to prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. The Civil Rights Act of 1991 amended Title VII to provide additional protections against employment discrimination. While the 1991 Act did not specifically prohibit gender discrimination for the first time, it did strengthen existing protections for women and other protected classes.

Question 17

Stages in responding to EEO complaints are __________.

Accepted Answer

The stages in responding to EEO complaints typically include reviewing the complaint, refraining from any retaliatory action, investigating the allegations, cooperating with the complainant and EEOC investigators, and ultimately determining what employer action to take. Settling or opposing in court may be options during this process, but they are not the only stages. In addition, cooperation and investigation are critical components of the process that are not reflected in choices A or D.

Question 18

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

Accepted Answer

This is stated under the retaliation provision of EEO laws.

Question 19

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

Accepted Answer

A bona fide occupational qualification, or BFOQ, is an exception to anti-discrimination laws that allows employers to make employment decisions based on protected characteristics (such as race, sex, or religion) if these characteristics are essential to the job. For example, a religious organization may require its employees to share its faith as a bona fide occupational qualification. However, BFOQs are narrowly construed and must be proven in court if challenged.

Question 20

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

Accepted Answer

Affirmative action is a controversial and divisive topic, with supporters advocating for its role in promoting diversity and addressing historical inequalities, while opponents argue it can lead to reverse discrimination and undermine meritocracy.

Quiz 4: Legal Issues Affecting the HR Workplace