Question 1

Which of the following conditions is specifically not a covered characteristic in the Americans with Disabilities Act?

Accepted Answer

Substance abuse is not a covered characteristic under the Americans with Disabilities Act. However, individuals who are in recovery from substance abuse may be protected under the ADA if they have a history of addiction but are currently not using illegal drugs and have been rehabilitated.

Question 2

The Equal Pay Act of 1963 doesn't allow men and women performing substantially the same job to be paid differently based on:

Accepted Answer

The Equal Pay Act of 1963 specifically prohibits pay discrimination based on gender, so option E is the correct answer. Merit, seniority, quantity of production, and quality of production are all factors that can be used to determine pay, but they cannot be used to justify pay discrimination based on gender.

Question 3

Which of the following would be considered "participating" in an EEO proceeding,and as such would prohibit the organization from retaliation?

Accepted Answer

Testifying in an EEO investigation is considered participating in the proceeding and is protected against retaliation. Helping to write an EEO law, suing a previous employer for discrimination, expressing dissatisfaction with employee working conditions, and whistle blowing are not necessarily considered participating in an EEO proceeding and therefore may not be protected against retaliation.

Question 4

Paradise by the Neon Lights,a nightclub management and promotion company,would most likely not be guilty of disparate treatment based on gender if they were to require applicants to be male when hiring a(n):

Accepted Answer

Requiring applicants to be male for a bathroom attendant position could be justified based on privacy concerns and the nature of the job, which involves attending to the needs of patrons in a gender-specific bathroom. This would not likely be considered disparate treatment based on gender as it is a bona fide occupational qualification (BFOQ) for the specific role.

Question 5

The Americans with Disabilities Act would generally protect someone who:

Accepted Answer

The Americans with Disabilities Act (ADA) protects individuals with disabilities that substantially limit one or more major life activities. Severe disfigurement can be considered a disability if it significantly impacts a person's life activities.

Question 6

______ is a situation where the organization takes an adverse employment action against an employee because the employee brought discrimination charges against the organization or supported someone who brought discrimination charges against the company.

Accepted Answer

Retaliation is a situation where the organization takes an adverse employment action against an employee because the employee brought discrimination charges against the organization or supported someone who brought discrimination charges against the company. This is illegal under employment laws and can lead to legal action against the organization.

Question 7

Which of the following would most likely violate the Age Discrimination in Employment Act?

Accepted Answer

Option B violates the Age Discrimination in Employment Act as it targets a specific group of employees based on age for early retirement. This act prohibits discrimination in employment against individuals who are 40 years of age or older. Option A is not a violation as it allows older employees to continue working. Option C is a violation of the act based on age discrimination, while option D may not be a violation unless it is proven that the compensation is based purely on age and not merit or experience. Option E is a personal decision and does not violate the act.

Question 8

______ exists when a particular practice is necessary for the safe and efficient operation of the business,and there is a specific business purpose for applying a particular standard that may,in fact,be discriminatory.

Accepted Answer

Business necessity exists when a particular practice is required for the safe and efficient operation of the business, and there is a specific business purpose for applying a particular standard that may, in fact, be discriminatory. This means that the discriminatory practice is essential for the business to function properly, and there are no alternatives that would achieve the same result without discriminating against a certain group of people.

Question 9

Which of the following terms refers to an organization's intentional preference to hire or promote people in a particular protected group?

Accepted Answer

Affirmative action refers to an organization's intentional preference to hire or promote people in a particular protected group in order to overcome past discrimination and achieve greater diversity. Disparate treatment and discrimination refer to intentional discrimination against a particular group, while reasonable accommodation refers to making accommodations for individuals with disabilities. Grievance procedure refers to a formal process for employees to raise complaints or issues with their employer.

Question 10

______ are monetary damages awarded by the court that are designed to punish the injuring party when they intentionally inflicted harm on others.

Accepted Answer

Punitive damages are awarded by the court to punish the injuring party for their intentional harmful actions, in addition to compensatory damages that are designed to compensate the victim for their losses or damages.

Question 11

Which of the following is a true statement about Title VII of the Civil Rights Act of 1964?

Accepted Answer

Title VII of the Civil Rights Act of 1964 applies to organizations with 15 or more employees, prohibiting discrimination on the basis of race, color, religion, sex, or national origin.

Question 12

Gary feels that he was sexually harassed by his boss on an offshore oil rig.He would generally have to file a complaint with the EEOC within _____ days of the incident,or he would not be able to file it at all.

Accepted Answer

Gary would generally have to file a complaint with the EEOC within 180 days of the incident. This timeframe can be extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.

Question 13

Why might complaints of age discrimination grow when the economy is slow?

Accepted Answer

When the economy is slow, companies may try to reduce their labor costs by laying off higher-paid workers, which often includes older employees who have higher salaries and benefits. This can lead to an increase in complaints of age discrimination. Additionally, older employees may have a harder time finding new employment opportunities during a slow economy, making discrimination more apparent.

Question 14

One of the most significant changes in EEO law under the Civil Rights Act of 1991 is:

Accepted Answer

The addition of compensatory and punitive damage awards is considered one of the most significant changes in EEO law under the Civil Rights Act of 1991. Prior to this act, individuals could only receive back pay and reinstatement as remedies for discrimination. This change allowed for more significant compensation for victims of discrimination.

Question 15

______ exists when the level of difficulty for an organization to provide accommodations,determined by looking at the nature and cost of the accommodation and the overall financial resources of the facility,becomes a significant burden on the organization.

Accepted Answer

Undue hardship refers to the level of difficulty or financial burden that an organization faces when providing accommodations to individuals with disabilities. It is determined by looking at the nature and cost of the accommodation and the overall financial resources of the facility. When the level of difficulty becomes a significant burden on the organization, then it is considered an undue hardship. Therefore, option A is the best choice for the given statement.

Question 16

Aasif is a devout Muslim.He has asked to be allowed to take his break at a different time than his co-workers so that he can pray at a specific time during the workday.Allowing Aasif to take a different break causes some disruption to the workflow,but his co-workers are able to make up the difference.While his co-workers take their breaks,Aasif performs specific tasks that are helpful to the group.Aasif different break time is a(n) _________.

Accepted Answer

Aasif's request for a different break time to accommodate his religious beliefs is a reasonable accommodation, which is required under law by employers. While it causes some disruption to the workflow, his co-workers are able to make up the difference, and Aasif takes advantage of the time to perform specific tasks, which helps the group. Therefore, his request is reasonable and should be granted.

Question 17

____ discharge exists when an employee is put under such extreme pressure by management that his or her continued employment becomes intolerable and as a result the employee quits.

Accepted Answer

Constructive discharge is a legal term used to describe a situation where an employer deliberately creates a work environment that is so intolerable that an employee feels forced to resign. This type of discharge is considered "constructive" because it is not necessarily the result of the employer explicitly firing the employee, but rather creating an atmosphere that makes it impossible for the employee to continue working.

Question 18

_____ are the fundamental duties of the position.

Accepted Answer

Essential functions refer to the fundamental duties of a position. Requirements and specifications may describe the education, experience, or skills necessary for the job, but they do not necessarily outline the job duties. Marginal functions are tasks that can be performed by others or are not essential to the position. Deliberations are not a relevant term in this context.

Question 19

Which one of the following would require virtually all organizations with federal contracts to have an affirmative action plan?

Accepted Answer

Executive Order 11246, signed in 1965 by President Lyndon B. Johnson, requires federal contractors and subcontractors with contracts worth $50,000 or more and 50 or more employees to develop and maintain affirmative action plans to ensure that they are not discriminating against protected groups in their hiring and promotion practices. This applies to virtually all organizations with federal contracts. The other options listed are also related to discrimination and equal employment opportunity, but do not specifically mandate affirmative action plans for federal contractors.

Question 20

Disparate treatment might be legal if it:

Accepted Answer

Disparate treatment may be legal if it is necessary for a bona fide occupational qualification, which means that the employer can demonstrate that the particular trait or characteristic being used as a basis for disparate treatment is essential to the job in question. This is a narrow exception, and the employer must prove that there are no less discriminatory alternatives available.

Quiz 3: The Legal Environment and Diversity Management