Question 1

Federal laws require firms to implement affirmative action programs, which are monitored by the EEOC.

Accepted Answer

An affirmative action program may be voluntarily implemented by an organization. In such an event, goals are established and action is taken to hire and move minorities and women up in the organization. In other situations, an AAP may be mandated by the OFCCP.

Question 2

The Supreme Court decision involving Thompson v North American Stainless L.P.U.S. raised the standard of proof for workplace retaliation claims, making it harder for employees to bring discrimination charges against employers.

Accepted Answer

The Supreme Court's landmark decision involving Thompson v North American Stainless L.P.U.S. expanded the scope of who might bring a retaliation charge. The Court unanimously decided that an employee who was linked to a coworker who made a discrimination charge should also be protected from workplace retaliation.

Question 3

The 1986 Immigration Reform and Control Act (IRCA) established criminal and civil sanctions against employers who knowingly hire unauthorized aliens.

Accepted Answer

The desire to stem illegal immigration prompted Congress to enact the Immigration Reform and Control Act (IRCA) of 1986. The IRCA established criminal and civil sanctions against employers who knowingly hire unauthorized aliens. The Act also makes unlawful the hiring of anyone unless the person's employment authorization and identity are verified.

Question 4

Adverse impact occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

Accepted Answer

Adverse impact, a concept established by the Uniform Guidelines, occurs if women and minorities are not hired at the rate of at least 80 percent of the best-achieving group.

Question 5

One or more jobs that have similar content, wage rates, and opportunities is known as a job group.

Accepted Answer

A job group is defined as one or more jobs having similar content, wage rates, and opportunities. Job groups are important when assessing AAPs.

Question 6

The Rehabilitation Act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of $100,000.

Accepted Answer

The Rehabilitation Act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of $2,500. Individuals are considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities or if they have a record of such impairment.

Question 7

According to the Supreme Court's decision in TWA v Hardison, employers have an obligation to accommodate sincerely held religious practices.

Accepted Answer

According to the Supreme Court's decision in TWA v Hardison, employers have an obligation to accommodate sincerely held religious practices, as long as the requested accommodation does not create more than a minimum cost to the employer.

Question 8

In the case of Gratz v Bollinger, the Court ruled in a 5-4 decision that colleges and universities have a compelling interest in achieving diverse campuses.

Accepted Answer

In the case involving Gratz v Bollinger, the Court, in a 6-3 decision, said that in trying to achieve diversity, colleges and universities could not use point systems that blindly give extra credit to minority applicants. The university used a point system to determine admissions criteria in its College of Literature, Science, and the Arts, with minority applicants receiving bonus points.

Question 9

The Equal Employment Opportunity Commission administers the Rehabilitation Act of 1973.

Accepted Answer

The Office of Federal Contract Compliance Programs (OFCCP) administers the Rehabilitation Act. The Rehabilitation Act prohibits discrimination against disabled workers who are employed by certain government contractors and subcontractors and organizations that receive federal grants in excess of $2,500.

Question 10

In Albemarle Paper Co. v Moody, the Supreme Court reaffirmed the idea that any test used in the selection process or in promotion decisions must be validated if its use has had an adverse impact on women and minorities.

Accepted Answer

In 1975, the Supreme Court, in Albemarle Paper Company v Moody, reaffirmed the idea that any test used in the selection process or in promotion decisions must be validated if it has an adverse impact on women and minorities. The employer has the burden of proof for showing that the test is valid.

Question 11

In the University of California Regents v Bakke case, the Supreme Court ruled that Alabama's statutory minimum height requirement of five feet two inches and minimum weight requirement of 120 pounds for the position of correctional counselor had a discriminatory impact on women applicants.

Accepted Answer

University of California Regents v Bakke was an affirmative action case and was the first major test involving reverse discrimination.

Question 12

France considers a hostile environment as the only basis for sexual harassment claims.

Accepted Answer

France considers quid pro quo as the only form of sexual harassment claims. The country does not recognize claims of a sexually hostile work environment. However, France considers the request for sexual favors for a job or promotion to be a criminal matter with the possibility of prison.

Question 13

The Age Discrimination in Employment Act of 1967 prohibited employers from discriminating against individuals who were 40 to 50 years old.

Accepted Answer

As originally enacted, the Age Discrimination in Employment Act (ADEA) prohibited employers from discriminating against individuals who were 40 to 65 years old. The 1978 amendment provided protection for individuals who were at least 40, but less than 70 years old. In a 1986 amendment, employer discrimination against anyone age 40 or older is illegal.

Question 14

The Americans with Disabilities Act Amendments Act of 2008 limits the definition of "disability," so that fewer applicants and employees are eligible for reasonable accommodations.

Accepted Answer

The Americans with Disabilities Act Amendments Act of 2008 expands the definition of "disability," so that more applicants and employees are eligible for reasonable accommodations.

Question 15

In 1971, the Court ruled that Martin Marietta had discriminated against a woman because she had young children, which implied that firms cannot impose employment standards only on women.

Accepted Answer

In 1971, the Court ruled that Martin Marietta had discriminated against a woman because she had young children. The company had a rule prohibiting the hiring of women with school-age children. A major implication of this decision is that a firm cannot impose standards for employment only on women.

Question 16

According to the Uniform Guidelines on Sexual Harassment, employers are only liable for the sexual harassment acts of their managers when they have knowledge of the sexual harassment taking place.

Accepted Answer

According to these guidelines, employers are totally liable for the acts of their supervisors, regardless of whether the employer is aware of the sexual harassment act. In Faragher v City of Boca Raton and Burlington Industries, Inc. v Ellerth, the Supreme Court held that an employer is strictly liable, meaning that it has absolutely no defense, when sexual harassment by a supervisor involves a tangible employment action.

Question 17

The Uniform Guidelines provide a single set of principles to assist employers in complying with federal prohibitions against discriminatory employment practices.

Accepted Answer

The Uniform Guidelines provide a single set of principles that were designed to assist employers, labor organizations, employment agencies, and licensing and certification boards in complying with federal prohibitions against employment practices that discriminate on the basis of race, color, religion, sex, and national origin. The Uniform Guidelines provide a framework for making legal employment decisions about hiring, promotion, demotion, referral, retention, licensing and certification, the proper use of tests, and other selection procedures.

Question 18

The 1974 Seventh Circuit Court ruled that Greyhound did not violate the ADEA when it refused to hire persons 35 years of age or older as intercity bus drivers.

Accepted Answer

The 1974 Seventh Circuit Court ruled that Greyhound did not violate the ADEA when it refused to hire persons 35 years of age or older as intercity bus drivers. Again, the likelihood of risk or harm to its passengers was involved. Greyhound presented evidence concerning degenerative physical and sensory changes that humans undergo at about age 35 that have a detrimental effect on driving skills, and that the changes are not detectable by physical tests.

Question 19

The Pregnancy Discrimination Act prohibits discrimination in employment based on pregnancy, childbirth, or related medical conditions.

Accepted Answer

Passed as an amendment to Title VII of the Civil Rights Act, the Pregnancy Discrimination Act prohibits discrimination in employment based on pregnancy, childbirth, or related medical conditions. Questions regarding a woman's family and childbearing plans should not be asked.

Question 20

Most EEOC charges are settled through a no-fault settlement.

Accepted Answer

When a charge is filed, the EEOC first attempts a no-fault settlement. Essentially, the organization charged with the violation is invited to settle the case with no admission of guilt. Most charges are settled at this stage. Failing settlement, the EEOC investigates the charges.

Quiz 3: Workforce Diversity, Equal Employment Opportunity, and Affirmative Action