Question 1

Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin, and applies only to federal contractors and subcontractors.

Accepted Answer

President Johnson issued executive order 11246 that prohibits discrimination based on race, color, religion, sex, and national origin. Unlike Title VII, this order applies only to federal contractors and subcontractors.

Question 2

Reasonable accommodation simply requires an employer to refrain from discriminating acts.

Accepted Answer

Rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion.

Question 3

The benefits of Pregnancy Discrimination Act are limited to married women who are pregnant.

Accepted Answer

As per the Pregnancy Discrimination Act, pregnancy-related benefits cannot be limited to married employees, and if an employer provides any benefits to workers on leave, they must also provide the same benefits for those on leave for pregnancy-related conditions.

Question 4

Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity.

Accepted Answer

Under disability claims, the plaintiff must show that she or he is a qualified applicant with a disability and that adverse action was taken by a covered entity. The employer's defense then depends on whether the decision was made without regard to the disability or in light of the disability.

Question 5

The defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

Accepted Answer

As in any legal case, the plaintiff in a disparate treatment case has the burden of proving that the defendant has committed an illegal act. This is the idea of a "prima facie" case.

Question 6

A job qualification based on race, sex, religion, and so on, that an employer asserts is necessary qualification for the job is known as a bona fide occupational qualification.

Accepted Answer

A job qualification based on race, sex, religion, and so on, that an employer asserts is necessary qualification for the job is known as a bona fide occupational qualification (BFOQ). For example, if one were hiring an individual to hand out towels in a women's locker room, being a woman might be a BFOQ.

Question 7

In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Accepted Answer

In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Question 8

Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act.

Accepted Answer

Conditions such as obesity, substance abuse, eye and hair color, and lefthandedness are not covered by the Americans with Disabilities Act.

Question 9

Quid pro quo harassment occurs when some kind of benefit or punishment or reward is made contingent on the employee submitting to sexual advances.

Accepted Answer

Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways: Quid pro quo and hostile working environment. Quid pro quo harassment occurs when some kind of benefit (or punishment)is made contingent on the employee's submitting (or not submitting)to sexual advances.

Question 10

Individuals who feel they have been discriminated against must file a complaint with the EEOC within 30 days of the incident.

Accepted Answer

Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident. Failure to file a complaint within the 180 days results in the case's being dismissed immediately, with certain exceptions.

Question 11

Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice.

Accepted Answer

Title VII of the Civil Rights Act of 1964 states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice.

Question 12

The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Accepted Answer

An independent federal agency, the EEOC is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act. The EEOC has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Question 13

Disparate treatment occurs when a seemingly neutral employment practice disproportionately excludes a protected group from employment opportunities.

Accepted Answer

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status.

Question 14

The United States President has the power to veto any law passed by Congress.

Accepted Answer

The U.S. president has the power to veto any law passed by Congress, thus ensuring that few laws are passed without presidential approval-which allows the president to influence how laws are written.

Question 15

Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group.

Accepted Answer

The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (or 80%)of the hiring rate for the majority group.

Question 16

The foundation for the U.S. legal system is set forth in the U.S. Constitution.

Accepted Answer

The foundation for the U.S. legal system is set forth in the U.S. Constitution. This affects HRM in two ways.

Question 17

The National Labor Relations Board (NLRB)is a quasi-judicial agency.

Accepted Answer

The quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch, but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB's case, disputes between unions and management).

Question 18

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted.

Accepted Answer

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when (1)a discriminatory compensation decision is adopted; (2)an employee becomes subject to the decision; or (3)an employee is affected by it application, including each time compensation is paid.

Question 19

Section 1981 of the Civil Rights Act granted all persons the same property rights as white citizens.

Accepted Answer

The Civil Rights Act passed in 1866 was later broken into two statutes. Section 1982 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

Question 20

The standard deviation rule uses actual probability distributions to determine disparate impact.

Accepted Answer

The standard deviation rule uses actual probability distributions to determine adverse impact. This analysis uses the difference between the expected representation (or hiring rates)for minority groups and the actual representation (or hiring rate)to determine whether the difference between these two values is greater than would occur by chance.

Quiz 3: The Legal Environment: Equal Employment Opportunity and Safety

Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin, and applies only to federal contractors and subcontractors.

Reasonable accommodation simply requires an employer to refrain from discriminating acts.

The benefits of Pregnancy Discrimination Act are limited to married women who are pregnant.

Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity.

The defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

A job qualification based on race, sex, religion, and so on, that an employer asserts is necessary qualification for the job is known as a bona fide occupational qualification.

In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act.

Quid pro quo harassment occurs when some kind of benefit or punishment or reward is made contingent on the employee submitting to sexual advances.

Individuals who feel they have been discriminated against must file a complaint with the EEOC within 30 days of the incident.

Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice.

The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Disparate treatment occurs when a seemingly neutral employment practice disproportionately excludes a protected group from employment opportunities.

The United States President has the power to veto any law passed by Congress.

Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group.

The foundation for the U.S. legal system is set forth in the U.S. Constitution.

The National Labor Relations Board (NLRB)is a quasi-judicial agency.

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted.

Section 1981 of the Civil Rights Act granted all persons the same property rights as white citizens.

The standard deviation rule uses actual probability distributions to determine disparate impact.