Deck 5: Affirmative Action

Question 1

Affirmative action is designed to remedy past discrimination based on race or gender through punishment.

Answer 1

False
Explanation: Affirmative action is designed to remedy present-day employment inequities based on race or gender. It is about the past only in the sense that what happened in the past has present-day vestiges. Affirmative action is about remedying discrimination, not about punishing anyone.

Question 2

The ________ Amendment to the United States Constitution abolished slavery in 1865.

A) Fourth
B) Thirteenth
C) Fourteenth
D) Twenty-First

Answer 2

B
Explanation: The Thirteenth Amendment abolished slavery in 1865. Shortly thereafter, Slave Codes were replaced by Black Codes.

Question 3

Actions an employer can take to work toward inclusion of those historically underrepresented in the workplace include all of the following except:

A) Mentoring, management training and other development
B) Hiring and training groups that have been underrepresented
C) Hiring individuals from underrepresented groups, even if not fully qualified
D) Recruiting from groups the employer hasn't previously made an attempt to recruit from

Answer 3

C
Explanation: The actions an employer can take to make an effort to include those historically underrepresented in the workplace include, but are certainly not limited to
• Expanded outreach to groups the employer has not generally made an effort to reach.
• Recruitment of groups the employer generally has not made an attempt to recruit.
• Mentoring, management training, and development of traditionally excluded groups.
Hiring, training, and other attempts to bring into the workplace groups that have traditionally been left out of the employment process.

Question 4

Affirmative action is a present-day remedy for discrimination that occurred in the past.

Question 5

Valuing diversity means being sensitive to and appreciative of differences among groups,and using those differences as a positive force to increase productivity and efficiency.

Question 6

Quotas are a necessary part of any affirmative action plan.

Question 7

Which of the following is true of Executive Order 11246?

A) It is enforced by an arm of the Department of Health and Human Services.
B) It applies to federal contractors and all employers with more than 50 employees.
C) Affirmative action is one of its remedies.
D) It mandates that the government file a private discrimination lawsuit on behalf of an employee who is discriminated again.st

Question 8

Affirmative action mandates hiring of underrepresented groups,regardless of their qualification for the job.

Question 9

Which of the following groups have made the most gains under affirmative action?

A) African-American men
B) Disabled employees
C) White women
D) Asian employees

Question 10

An organizational profile combines job titles in the federal contractor's workplace that have similar content,wage rates,and opportunities.It includes the percentage of minorities and the percentage of women employed in each job area,and then compares the availability of women or minorities for the job groups.

Question 11

Affirmative action applies to all employers,public or private.

Question 12

Placement goals must be treated as a ceiling or floor for employing certain groups.

Question 13

Which of the following statements is true of affirmative action?

A) Affirmative action requires employers to remove qualified whites and males from their jobs and give these jobs to minorities.
B) Workplace productivity and efficiency do not suffer under affirmative action plans.
C) Under affirmative action, an applicant can simply be a female or a minority to be placed in a job.
D) Minorities and females cannot be terminated from their jobs for any cause under affirmative action plans.

Question 14

The quantitative part of an affirmative action plan sets out a course of action for how to address any underrepresentation,underutilization,or other problems found in a federal contractor's workplace.

Question 15

Title VII is designed to protect everyone,even though its operation may make certain whites or males feel discriminated against.

Question 16

Affirmative action obligations arise in the workplace through all of the following except:

A) a voluntary affirmative action plan established by the employer
B) a mandate from the workforce
C) through Executive Order 11246
D) as a judicial remedy for a finding of discrimination under Title VII

Question 17

The Mississippi Sovereignty Commission was designed to protect the sovereignty of the State of Mississippi and her sister states from federal government interference.

Question 18

One of the commonly held myths about affirmative action is that it is:

A) an effort to overcome the effects of past or present discriminatory practices.
B) an entitlement program that provides unqualified women or minorities with jobs.
C) an initiative against discrimination that does not affect workplace productivity and efficiency.
D) a remedy and not a punishment for discrimination.

Question 19

Which of the following is NOT true of affirmative action?

A) It is used where there is a finding of discrimination or a demonstrated underrepresentation.
B) It is a punishment for failing to be inclusive.
C) It is a remedy for present-day employment discrimination.
D) It considers the past only as a way to understand if present-day vestiges remain.

Question 20

Culture encompasses more than just ethnicity.It include other factors such as gender,age,disability,affinity orientation,etc.that affect and define an individual's life.

Question 21

The OFCCP view of affirmative action is best represented in which of the following statements?

A) It is a powerful management tool creating a positive correlation between the presence of affirmative action and the absence of discrimination.
B) Affirmative action only works where the employer makes decisions based solely on gender or ethnicity and not based on qualifications.
C) Affirmative action is a paperwork exercise.
D) Affirmative action is done as a way to comply with OFCCP regulations, as opposed to a regular part of the effective management of the business.

Question 22

Penalties for noncompliance include all of the following except:

A) require only minority or female hiring, promotions, etc. until the workforce is more balanced.
B) canceling, terminating or suspending any remaining portion of it
C) publishing names of noncompliant contractors.
D) recommend that the Department of Justice pursue criminal charges against the contractor.

Question 23

While implementing an affirmative action plan,an employer is expected to do all of the following except:

A) establish objectives that can be met by applying good faith efforts.
B) set quotas for the underrepresented groups, and ensure they are met even if it is necessary to hire a less qualified candidate.
C) make all employment decisions in a nondiscriminatory manner.
D) ensure that hiring objectives do not establish a floor or a ceiling for employment of certain groups.

Question 24

White Swan Motors' practice of hiring only applicants recommended by its employees has been found to have an adverse impact on nonwhite applicants.White Swan plans to implement a voluntary affirmative action plan.Which of the following would be an effective practice under the voluntary affirmative action plan?

A) Removing qualified whites from their jobs and giving these jobs to minorities regardless of their qualifications
B) Hiring an employee simply because he or she belongs to a protected class
C) Eliminating unvalidated recruitment practices and selection criteria
D) Fixing permanent racial quotas to reduce racial imbalance

Question 25

Riverhill University,on conducting a self-audit,identifies a racial imbalance in its workforce where 85 percent of its department chairs and deans are white men.The university voluntarily institutes a short-term plan that mandates that future selections for department chairs and deans will be on a one-for-one basis until an appropriate ratio is achieved.Paul,a white male professor from the same university,applies for the position of a dean and gets rejected.He subsequently discovers that an equally qualified black female is selected for the position.In this scenario,Paul:

A) does not have a valid discrimination claim because suits based on reverse discrimination are barred by Title VII of the Civil Rights Act of 1964.
B) has a valid claim because Executive Order 11246 prohibits voluntary race-conscious affirmative action plans.
C) has an acceptable claim because the affirmative action plan unnecessarily trammels the rights of white employees.
D) does not have a valid claim because temporary plans to eliminate existing imbalances are permitted based on the United Steelworkers of America, AFL-CIO v. Weber case.

Question 26

The Supreme Court first dealt with affirmative action in Regents of the University of California vs.Bakke,and this led to questions including all of the following except:

A) Are voluntary workplace affirmative action plans permitted, or only those required by the court or pursuant to E.O. 11246?
B) Is the analysis equally applicable in a workplace rather than a university admissions program?
C) Is it appropriate to set aside a certain number of places for the disadvantaged group?
D) Does a similar analysis apply if the plan involves private rather than state action?

Question 27

The United College of Arts (UCA)became aware of the underrepresentation of Native Americans in its workforce.It shortlisted a number of steps to increase the percentage of Native Americans in its workforce.Which of the following steps,if adopted,is likely to ensure maximum results?

A) Recruit at community events near or on Native American reservations and from nearby colleges
B) Rate all applicants on a 100-point scale and give Native American applicants 20 additional points based on their national origin
C) Designate specific positions that must be filled only by Native Americans based on a quota system
D) Replace qualified employees from other groups with equally qualified Native American employees

Question 28

The courts impose judicial affirmative action when:

A) the court finds that an affirmative action plan is the appropriate means of addressing workplace discrimination in violation of Title VII of the Civil Rights Act of 1964.
B) the federal contractor satisfies it's requirement to comply with Executive Order 11246.
C) a voluntary affirmative action plan results in reverse discrimination.
D) an employee files a discrimination claim with the OFCCP.

Question 29

The Apex Community Hospital has contracts with the United States Department of Veterans Affairs (VA)to provide health care for veterans.The Office of Federal Contract Compliance Programs (OFCCP)found that the hospital misrepresented the results of its affirmative action plan.Which of the following actions is the Secretary of Labor most likely to take against the Apex Community Hospital?

A) Replace the hospital's current employees with only minorities and women
B) Ask the hospital to introduce permanent employment quotas to correct underrepresentation
C) Ask the Department of Justice to initiate criminal proceedings against the hospital
D) File a lawsuit against the hospital under 42 U.S.C. Section 1983

Question 30

Federal contractors/employers that provide more than $10,000 in goods or services to the federal government must agree to do all of the following except:

A) permit the Secretary of Labor to access books, records and accounts to determine compliance with E.O. 11246
B) furnish information and reports required by E.O. 21246 its implementing regulations
C) permit the contracting federal agency to access to books, records and accounts to investigate and determine compliance with E.O. 11246
D) permit employees to access to books, records and accounts to determine compliance with E.O. 11246

Question 31

A corporate management compliance evaluation is:

A) used by courts to determine if federal contractors have implemented an appropriate affirmative action plan.
B) conducted by the Equal Employment Opportunity Commission to determine if reverse discrimination has occurred.
C) applied by courts to determine whether the affirmative action plan is a viable means of addressing workforce inequities.
D) designed to determine whether employees encounter artificial barriers to advancement to mid- and senior-level corporate management.

Question 32

________ involves comparing the percentage of minorities and the percentage of women employed in each job category to the availability of minorities and/or women for these job categories.

A) Job group analysis
B) Job scoping
C) Job evaluation
D) Job broadbanding

Question 33

Laketown System Corp.,a federal contractor,chooses not to comply with the affirmative action plan established to increase the representation of women and minorities within its workplace.Which of the following is an implication of noncompliance?

A) Laketown System Corp. cannot be subject to any action for noncompliance as it is a federal contractor.
B) Laketown System Corp. cannot be subject to any action for noncompliance as it is not a voluntary affirmative action plan.
C) Laketown System Corp. can be debarred from further participation in government contracts for noncompliance.
D) Laketown System Corp. can be prohibited from adopting affirmative action plans in the future for noncompliance.

Question 34

As part of an effective Title VII affirmative action plan an employer must do all of the following except:

A) meet a strict numbers quota in its hiring and firing process
B) evaluate the impact of compensation systems on women and minorities
C) institutionalize the commitment to equality in every step of the employment process
D) evaluate the impact of employment decisions on women and minorities

Question 35

The number of women employees at ThinkOne Systems Inc.is significantly lower than what statistics indicate about the availability of qualified women employees in the relevant labor pool.This is referred to as ________.

A) devaluation
B) underutilization
C) reverse discrimination
D) positive displacement

Question 36

The court cases dealing with affirmative action demonstrate that:

A) there are specific requirements for judicial affirmative action plans.
B) there is no specific mandate or requirement on what a judicial affirmative action plan looks like.
C) despite years of hard work, workplace disparities still exist.
D) affirmative action is a remedy for discrimination that is found to exist, not a punishment for past action or inaction.

Question 37

An affirmative action plan under E.O.11246:

A) is developed without input or consent of the employer.
B) interferes with the effective management of the business by mandating the hire of unqualified, inexperienced employees.
C) is a management tool-integral to conducting business.
D) prohibits termination of women or minorities, even if they cannot effectively perform the necessary elements of their job.

Question 38

Reverse discrimination is:

A) a claim brought by a woman in the workplace who feels she is a member of a protected class.
B) a claim brought by a majority member who feels he or she is a member of a protected class.
C) a claim brought by a majority member who feels he or she has been adversely affected by the use of an affirmative action plan.
D) a claim brought by a member of a protected class who feels he or she is underrepresented in the workplace.

Question 39

As a part of an OFCCP audit,a contractor must demonstrate:

A) removed any identified barriers to equal employment opportunity.
B) expanded employment opportunities for underrepresented applicants.
C) produced measurable results.
D) All of the answers are correct.

Question 40

Green Oval Electronics employs approximately 2,700 employees.During a recent workforce survey,it was found that 97 percent of the company's managers are white,although only 62 percent of the company's entire workforce is white.The company decided to implement a voluntary affirmative action plan that would reserve 25 percent of the openings in a managerial development program for blacks and other minorities,only until the percentage of minority employees working as supervisors was representative of the percentage of available minorities in the local labor force.Which of the following holds true in this scenario?

A) This affirmative action plan is illegal because under Executive Order 11246, only a 10 percent quota is permitted.
B) This affirmative action plan is illegal because it discriminates against white employees.
C) This affirmative action plan is legal because it is temporary and does not unnecessarily infringe on the rights of white employees.
D) This affirmative action plan is legal because Title VII of the Civil Rights Act of 1964 mandates employers to protect the interests of minorities and women by setting employment quotas.

Question 41

Which of the following is an example of micro-aggression by a majority member against the minority in the workplace?

A) Avoiding eye contact with minority or female employees
B) Expecting minority or females employees to perform like others
C) Subjecting minority or female applicants to the same pre-employment tests as those from the majority
D) Failing to adjust the scores of minority or female applicants in pre-employment tests

Question 42

Accepting and appreciating those who are different from the majority,and respecting their contributions to the workplace is known as:

A) eliminating diversity.
B) mainstream prejudice.
C) accepting inclusion.
D) valuing diversity.

Question 43

The RiverHill County Public Library has 516 employees,including 163 librarians.A study reveals that 7 out of 10 supervisors in the library branches are male,although men make up only 25 percent of the branch librarians.In order to increase the number of female librarians at the supervisory level,the library decides to implement an affirmative action plan that would consider gender as one component of the decision when promoting librarians until a point when the imbalance is corrected.Is this affirmative action plan valid? Explain.

Question 44

Derek,an employee at Ferns Tech Inc.,filed a lawsuit against his employer.He claimed that after the introduction of an affirmative action plan at the workplace,his employer mostly promoted female employees,even if they were less qualified for the job.This may be an example of ________.

A) social loafing
B) positive displacement
C) stereotyping
D) reverse discrimination

Question 45

AlphaOmega Defense is a federal contractor located in Chicago.It has noticed an underrepresentation of women and minorities in middle- and top-level jobs within the company.Should AlphaOmega adopt an affirmative action plan? If so,what should it consider?

Question 46

Nurses at the City Safe Hospital must successfully pass a professionally developed and validated test to be promoted in their jobs.Recently,the hospital discovered that African-American and Hispanic nurses taking the test scored significantly lower than white nurses,and none qualified for promotion.Therefore,based on:

A) Ricci v. DeStefano, the City Safe Hospital should adjust the scores of African-American and Hispanic nurses to eliminate any imbalances.
B) Ricci v. DeStefano, the City Safe Hospital should use the test scores in making promotions to avoid discrimination against white nurses.
C) Ricci v. DeStefano, the City Safe Hospital should ignore the test scores in making promotions to avoid discrimination against the African-American and Hispanic nurses.
D) Ricci v. DeStefano, the City Safe Hospital should develop a different test for white nurses.

Question 47

Why is valuing diversity and inclusion in the workplace important? How should employers contribute to diversity at the workplace?

Question 48

Describe some actions an employer can take to make an effort to include those historically underrepresented in the workplace.

Question 49

Distinguish between quotas and affirmative action placement goals at the workplace.

Question 50

Misconceptions about affirmative action include all of the following except:

A) An employee hired under an affirmative action plan should be qualified for the job.
B) Workplace productivity suffers under affirmative action.
C) An employer should avoid hiring a white male applicant if there are less qualified females or minorities already on staff.
D) Employers must remove qualified whites and males from their jobs to make way for female and minority candidates