Question 1

Which federal agency is responsible for investigating charges of discrimination number Title VII of 1964?

Accepted Answer

The Equal Employment Opportunity Commission (EEOC) is responsible for investigating charges of discrimination under Title VII of the Civil Rights Act of 1964. The ADA (Americans with Disabilities Act) and ADEA (Age Discrimination in Employment Act) also prohibit discrimination in employment, but the EEOC is specifically tasked with enforcing Title VII. The OFCCP (Office of Federal Contract Compliance Programs) enforces affirmative action and equal employment opportunity requirements for federal contractors, and the INS (Immigration and Naturalization Service) was dissolved in 2003 and its responsibilities now fall under the Department of Homeland Security.

Question 2

Employment laws are created by:

Accepted Answer

Employment laws are created by all of the above entities, including U.S. Congress, state governments, executive orders, and local government. Each level of government has the authority to create and enforce laws related to employment, such as minimum wage, discrimination, and worker safety. Therefore, the best answer is E, all of the above.

Question 3

Elaine, is a 43-year-old Asian woman who is deaf and uses sign language. She is a devote Baptist and lives in a poor neighborhood outside of a large city in the south. To which protected class(es) does she jost likely belong?

Accepted Answer

Elaine belongs to multiple protected classes, including gender (female), age (43 years old), race (Asian), disability (deaf), and religion (Baptist). It is important to recognize and respect these aspects of her identity in order to provide equitable treatment and access to opportunities.

Question 4

All of the following are correct in regard to disparate impact EXCEPT:

Accepted Answer

A prima facie case is necessary to establish a claim of disparate impact discrimination. This means that the plaintiff must show that the employment practice has a disproportionate impact on members of a protected group.

Question 5

All of the following are ways an organization can respond to or prevent harassment in the work place EXCEPT:

Accepted Answer

Sharing details of the incident with those in the affected department does not address the issue of harassment, instead this may only create a hostile work environment for the victim. All other options provide effective ways for organizations to respond to or prevent harassment in the work place.

Question 6

Which of the following is an example of retaliation?

Accepted Answer

Denying an employee their annual merit increase because of their participation in a harassment investigation against one of your fellow managers would be considered retaliation. Retaliation occurs when an employer takes an adverse action against an employee because they engaged in a legally protected activity, such as participating in an investigation or complaint about discrimination or harassment. A, C, and D do not involve retaliation. E is incorrect because B is an example of retaliation.

Question 7

Employees who hold the same job can receive different levels of compensation for which reason(s) below?

Accepted Answer

All of the above reasons can affect an employee's compensation. Length of service often leads to increases in salary or bonuses. Quantity of work completed may result in commissions or bonuses. Meeting quality work standards may result in bonuses or promotions. And a high score on a merit-based evaluation may lead to a raise or promotion.

Question 8

In which of the following examples is disparate impact most likely occurring?

Accepted Answer

This example shows disparate impact because the hiring decision negatively affects one group (Hispanic applicants) over another group (white applicants) even though they had similar qualifications.

Answer: A 
 This example shows disparate treatment because the organization is purposely discriminating against those who appear to be Muslim.

Answer: D 
 This example shows disparate treatment because the organization is purposely discriminating against women with children under the age of 12.

Answer: E 
 This example shows disparate treatment because the organization is purposely discriminating against Hispanic applicants due to potential language barriers, rather than considering their qualifications for the role.

Answer: B 
 Without further information, it is possible that the hiring decision was based on other factors such as qualifications or experience, so disparate impact cannot be immediately assumed.

Question 9

A regulatory agency which oversees compliance with equal employment regulations is:

Accepted Answer

The answer of A regulatory agency which oversees compliance with...

Question 10

________ makes it illegal to pay an employee a higher rate based on their gender.

Accepted Answer

The Equal Pay Act of 1963 specifically prohibits wage discrimination on the basis of gender. It requires that men and women be paid equally for performing substantially similar work, with some exceptions.

Question 11

Michael, who wore a turban to his interview, was not selected for the sales position because the organization didn't think its customers could relate to him due to his presumed ethnic background. This is an example of:

Accepted Answer

This scenario describes disparate treatment, which occurs when an individual is treated differently based on a protected characteristic, in this case, perceived race/ethnicity. Michael was not hired due to the organization's biased assumptions about how its customers would view him, rather than his qualifications and abilities for the role.

Question 12

According to the employer, Manuel, a 51-year-old Hispanic male, was not selected for the maintenance position because his references did not provide positive feedback about him. However, the employer was concerned that since he would be the only Hispanic in the department it may cause tensions among the staff if they hired him. This is an example of:

Accepted Answer

This is an example of mixed motive because the employer considered both legitimate and discriminatory factors in the decision-making process. The reference feedback was a legitimate factor, but the concern about potential tensions based on Manuel's race or national origin was discriminatory.

Question 13

All of the following are considered acceptable defenses in a disparate impact case EXCEPT:

Accepted Answer

All of the choices listed (bona fide seniority system, job related, and bona fide occupational qualification) are acceptable defenses in a disparate impact case. Therefore, none of them are excluded as unacceptable defenses.

Question 14

Juan, a long time janitor and a flirtatious employee, has once again been hanging around with the secretarial staff and making, what he feels are innocent comments. Juan says things such as "The perfume you are wearing is very sexy." or "That sweater you have on really accentuates your curves." Normally the secretaries ignore his comments and know that he harmless and does not intend to harassment them. However a new employee, Rose, has taken offense to the repeated comments and has filed a complaint. As the HR Manager you should:

Accepted Answer

A thorough investigation is necessary to understand the context and gather evidence before any action is taken. After resolving the issue, it's important to follow up with Rose to ensure she feels the situation has been adequately addressed. Immediate disciplinary action without investigation could be unjust.

Question 15

A clothing company that designs petite styles is searching for models who are less than 5'4". If all of the black applicants happen to be over 5'4" tall they could be excluded from consideration based on:

Accepted Answer

Business necessity refers to a legitimate reason for an employment decision that is necessary for the functioning of the business. In this case, the clothing company needs models who fit their target market of petite sizes. Therefore, the exclusion of black applicants who are over 5'4" would be a necessary business decision to meet their needs. However, it is important for the company to ensure that they are not discriminating against other protected groups, such as excluding all black applicants or excluding applicants based on race rather than height.

Question 16

In order to prove that disparate impact has occurred the selection rate for the protected class must be less than ________ of the group with the highest selection rate.

Accepted Answer

The 80% rule, also known as the four-fifths rule, is a guideline used by the U.S. Equal Employment Opportunity Commission (EEOC) for assessing whether a selection process results in an adverse impact on a protected class. If the selection rate for a protected class is less than 80% of the rate for the group with the highest selection rate, it may indicate disparate impact.

Question 17

Mark, the Service Manager, witnesses another employee, John, attempting to kiss another employee, Susan, in the break room. Mark can tell from Susan's body language that John's advances are unwelcome. Both Susan and John report to the Sales Manager, Linda. As the witness to this incident, Mark should:

Accepted Answer

As a witness to the incident, Mark must report it immediately to Linda, the Sales Manager, who is in a position to investigate and take appropriate action if necessary. The unwanted advances made by John could potentially create an uncomfortable and hostile work environment for Susan, and it is important to address the situation as soon as possible. Reporting the incident is also the responsible and ethical thing to do.

Question 18

An Asian employee that tells an ethnic related joke every day which offends his coworkers is:

Accepted Answer

The Asian employee is creating a hostile work environment by telling ethnic related jokes that offend his coworkers. This behavior can create a negative and uncomfortable working environment for those affected, and is considered harassment.

Question 19

A plaintiff must prove all of the following in order to establish that disparate treatment has occurred EXCEPT:

Accepted Answer

Discriminatory remarks during the employment process, while potentially indicative of bias, are not a required element to prove disparate treatment. The core elements involve rejection despite being qualified, being a member of a protected class, and the employer either choosing someone else or continuing to search for similarly qualified candidates.

Question 20

The court case Griggs v. Duke Power Company:

Accepted Answer

Griggs v. Duke Power Company determined that practices that have a disparate impact on a protected group, regardless of intention, are discriminatory. This established the legal concept of "disparate impact" and made it illegal to use employment practices that disproportionately exclude members of certain races, genders, or other protected classes.

Quiz 3: Regulatory Issues