Deck 2: Equal Employment Opportunity: The Legal Environment

Question 1

Employees whose impairments can be controlled by medication and treatments are not protected as "disabled" under the Americans with Disabilities Act Amendment Act (ADAAA)of 2008.

Answer 1

False
Explanation: The Americans with Disabilities Act Amendment Act (ADAAA) of 2008 expanded the definition of what constitutes a disability. Previously, certain employees whose impairments (e.g., asthma, diabetes, or epilepsy) were controlled by medication and treatments could be excluded from coverage because their condition was not severe enough. Now, those employees are protected as "disabled."

Question 2

The Equal Employment Opportunity Commission (EEOC)is an agency within the U.S.Department of Labor.

Answer 2

False
Explanation: While the Equal Employment Opportunity Commission (EEOC) is an independent agency within the federal government, the Office of Federal Contract Compliance Programs (OFCCP) is within the U.S. Department of Labor.

Question 3

The Equal Employment Opportunity Commission (EEOC)was created by the Civil Rights Act to administer Title VII of the act.

Answer 3

True
Explanation: Title VII of the Civil Rights Act created the Equal Employment Opportunity Commission (EEOC) to administer the act and to prohibit covered organizations from engaging in any unlawful employment practices.

Question 4

The Lily Ledbetter Act of 2009 states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action,not the date the employee received his or her first discriminatory paycheck.

Question 5

Disparate treatment refers to unintentional discrimination involving employment practices that appear to be neutral but adversely affect a protected class of people.

Question 6

The Family and Medical Leave Act (FMLA)enables employees to take prolonged paid leave if they are seriously ill.

Question 7

The Equal Pay Act of 1963 is actually part of the Fair Labor Standards Act.

Question 8

The Office of Federal Contract Compliance Programs (OFCCP)is responsible for administering the Pregnancy Discrimination Act (PDA).

Question 9

The Age Discrimination in Employment Act does not apply where age is a bona fide occupational qualification.

Question 10

The Equal Pay Act prohibits pay discrimination based on seniority.

Question 11

Equal employment opportunity means that an employer must give preference to women and minorities in the workplace.

Question 12

The Equal Pay Act of 1963 prohibits sex-based discrimination in rates of pay paid to men and women working on the same or similar jobs.

Question 13

In a landmark decision,when an Ohio county agency denied disability benefits to an employee who had been laid off at age 61 because its disability plan cut off at age 60,the Supreme Court ruled that this was a violation of the Age Discrimination in Employment Act.

Question 14

Jane,an employee at GN Tech Inc.,is currently pregnant.However,she is unmarried.According to the Equal Employment Opportunity Commission,Jane will not be eligible for pregnancy benefits.

Question 15

The Age Discrimination in Employment Act (ADEA)eliminates mandatory retirement at age 70 for employees of companies with 20 or more employees.

Question 16

The Age Discrimination in Employment Act covers employees between 40 and 69 years of age.

Question 17

The Civil Rights Act of 1991 permits women,persons with disabilities,and persons who are religious minorities to have a jury trial and sue for punitive damages if they can prove they are victims of intentional hiring or workplace discrimination.

Question 18

The primary responsibility for enforcing the Rehabilitation Act lies with the Office of Federal Contract Compliance Programs (OFCCP)of the Department of Labor.

Question 19

Older Workers Benefit Protection Act of 1990 provides protection only for employees over 60 years of age.

Question 20

The Americans with Disabilities Act requires employers to make reasonable accommodations for employees with disabilities.

Question 21

Responsibility for enforcing the Equal Pay Act was originally assigned to the secretary of labor but on July 1,1979 it was transferred to the ____.

A) National Labor Relations Board
B) Equal Employment Opportunity Commission
C) Office of Personnel Management
D) Office of Federal Contract Compliance Programs

Question 22

An Ohio county agency denied disability benefits to an employee who had been laid off at age 61 because its disability plan cuts off at age 60.This case resulted in which of the following acts?

A) The Age Discrimination in Employment Act
B) The Civil Rights Act
C) The Rehabilitation Act
D) The Older Workers Benefit Protection Act

Question 23

Which of the following statements about the Equal Pay Act of 1963 is true?

A) It prohibits discrimination in rates of pay on the basis of quantity and quality of production.
B) It permits differences in wages if the payment is based on seniority or merit.
C) It allows an employer to attain compliance with the act by reducing the wage rate of any employee.
D) It is currently the responsibility of the secretary of labor to administer the act.

Question 24

Which of the following is allowed under the Americans with Disabilities Act?

A) Assessing an applicant's ability to perform a job
B) Limiting advancement opportunities for disabled employees
C) Inquiring whether an individual has a disability
D) Using tests or job requirements that tend to screen out disabled applicants

Question 25

The primary responsibility for enforcing the Rehabilitation Act of 1973 lies with the ____.

A) Equal Employment Opportunity Commission
B) Office of Personnel Management
C) National Labor Relations Board
D) Office of Federal Contract Compliance Programs

Question 26

Provisions of the Age Discrimination in Employment Act (ADEA)do NOT apply to:

A) employment agencies.
B) labor organizations.
C) private employers of fewer than 20 employees.
D) state and local governments.

Question 27

The Pregnancy Discrimination Act (PDA)was passed as an amendment to the ____.

A) Civil Rights Act
B) Rehabilitation Act
C) Americans with Disabilities Act
D) Family and Medical Leave Act

Question 28

Based on which of the following characteristics does the Civil Rights Act (1964)prohibits discriminating employees?

A) Productivity
B) Financial background
C) Social status
D) National origin

Question 29

The Equal Pay Act is actually a part of the:

A) Immigration Reform and Control Act.
B) Rehabilitation Act.
C) Fair Labor Standards Act.
D) Sarbanes-Oxley Act.

Question 30

The Family and Medical Leave Act of 1993 enables qualified employees to:

A) take prolonged paid leave for family or health reasons.
B) take prolonged unpaid leave for family or health reasons.
C) multiple brief departures from work without wage or salary loss.
D) indefinite departure from one's job with uninterrupted career advancement.

Question 31

Several female employees at General Electric's Salem,Virginia,plant who were pregnant presented a claim for disability benefits under the plan to cover the period they were absent from work as a result of their pregnancies.The company denied these claims on the grounds that the plan did not provide disability benefit payments for such absences.This case had a significant impact on the passage of the ____.

A) Rehabilitation Act
B) Americans with Disabilities Act
C) Pregnancy Discrimination Act
D) Equal Pay Act

Question 32

The Equal Pay Act of 1963 prohibits discrimination in rates of pay on the basis of ____.

A) merit
B) sex
C) ethnicity
D) age

Question 33

Equal employment opportunity considers all of the following bases for work and advancement EXCEPT:

A) ability.
B) social status.
C) merit.
D) potential.

Question 34

The Age Discrimination in Employment Act (ADEA)prohibits discrimination in employment against individuals aged:

A) 18 through 60.
B) 40 through 69.
C) 16 through 30.
D) 75 through 80.

Question 35

Which of the following government agencies is responsible for enforcing the Vietnam-Era Veterans Readjustment Assistance Act of 1974?

A) The Office of Personnel Management
B) The Equal Employment Opportunity Commission
C) The Office of Federal Contract Compliance Programs
D) The National Labor Relations Board

Question 36

Which of the following entities is NOT covered under the provisions of Title VII of the Civil Rights Act of 1964?

A) Employers with fewer than 15 employees
B) Labor unions that have more than 25 members
C) State and local governments
D) Labor unions that maintain and operate a hiring hall

Question 37

A difference between disparate treatment and disparate impact is that the:

A) former is potentially harmful and the latter is not.
B) former relates to employment practices and the latter does not.
C) former involves discrimination and the latter does not.
D) former is intentional and the latter is not.

Question 38

The ____ requires federal buildings to be accessible to handicapped persons.

A) Rehabilitation Act
B) Immigration Reform and Control Act
C) Civil Rights Act
D) Equal Pay Act

Question 39

Which of the following acts require affirmative action by federal agencies to provide employment opportunities for handicapped persons?

A) The Vietnam-Era Veterans Readjustment Assistance Act
B) The Americans with Disabilities Act
C) The Civil Rights Act
D) The Rehabilitation Act

Question 40

The Civil Rights Act of 1991:

A) covers all employers, irrespective of the number of employees working for them.
B) places no upper limit on the amount of damages a victim of nonracial, intentional discrimination can collect.
C) permits protected groups to have a jury trial and sue for punitive damages if they can prove they are victims of intentional hiring or workplace discrimination.
D) places the burden of proof on plaintiffs with regard to intentional discrimination lawsuits.

Question 41

What is the purpose of the Age Discrimination in Employment Act (1967)? What are the various organizations covered by this law? Also list the exceptions to the law.

Question 42

Which of the following statements is NOT true about the Family and Medical Leave Act?

A) It enables qualified employees to take prolonged unpaid leave for family- and health-related reasons.
B) Employees can use this leave in the event of the birth, adoption, or placement for foster care of a child.
C) To qualify for a leave under this act, employees must have been employed for at least two years.
D) Employees must have worked for no less than 1,250 hours within the previous 12-month period to be entitled for a leave.

Question 43

What measures should a company take to meet the requirements of the Immigration Reform and Control Act?

Question 44

The ____ was established by Executive Order 11246 to ensure that federal contractors and subcontractors follow nondiscriminatory employment practices.

A) Office of Personnel Management
B) Office of Federal Contract Compliance Programs (OFCCP)
C) Federal Trade Commission (FTC)
D) Equal Employment Opportunity Commission (EEOC)

Question 45

The ____ provides that when a plaintiff shows that an employment practice disproportionately excludes groups protected by Title VII of the Civil Rights Act,the burden of proof shifts to the defendant to prove that the standard reasonably relates to job performance.

A) reverse discrimination principle
B) disparate impact doctrine
C) bottom line concept
D) utilization evaluation concept

Question 46

How did the General Electric Co.v.Gilbert case lead to the passage of the Pregnancy Discrimination Act?

Question 47

What are the general provisions of the Rehabilitation Act (1973)?

Question 48

The view that the government should generally not concern itself with individual components of an employer's human resource selection process if the overall effect of that process is nondiscriminatory describes the ____.

A) bottom line concept
B) disparate impact doctrine
C) disparate treatment principle
D) utilization evaluation principle

Question 49

Discuss the provisions of the Older Workers Benefit Protection Act of 1990.

Question 50

Discuss the intent of the Family and Medical Leave Act (FMLA).What are the eligibility criteria for this leave?

Question 51

Executive orders are issued for the purpose of ____.

A) amending the U.S. constitution
B) giving directions to governmental agencies
C) ruling on appealed court cases
D) signing legislation into law

Question 52

What is the bottom line concept? How did the Supreme Court view this concept in its Connecticut v.Teal decision?

Question 53

Explain the provisions of the Americans with Disabilities Act (1990).

Question 54

Explain the terms disparate treatment and disparate impact.What is the difference between the two?

Question 55

Executive Orders are issued by the U.S.____.

A) Supreme Court
B) Senate
C) Congress
D) President

Question 56

Which are the two federal agencies that have the primary responsibility for enforcing equal employment opportunity legislation in the country? Describe them in brief.

Question 57

The part of the affirmative action plan that analyzes minority group representation in all job categories; past and present hiring practices; and upgrades,promotions,and transfers is referred to as the ____.

A) balance scorecard
B) bottom line analysis
C) utilization evaluation
D) executive order

Question 58

____ refers to the condition under which there is alleged preferential treatment of one group (minority or women)over another group rather than equal opportunity.

A) Bottom line concept
B) Disparate impact doctrine
C) Utilization evaluation concept
D) Reverse discrimination

Question 59

Executive Order 11246 gave the ____ authority to issue regulations dealing with discrimination within federal agencies.

A) Equal Employment Opportunity Commission
B) National Labor Relations Board
C) Federal Trade Commission (FTC)
D) U.S. Office of Personnel Management (OPM)

Question 60

The medical school of the University of California developed a special admissions program to increase the participation of minority students.Allan Bakke,a white male,was denied admission to the medical school in 1973 and 1974.Contending that minority students with lower grade averages and test scores were admitted under the special program,Bakke brought suit.Which of the following concepts does this landmark case highlight?

A) Reverse discrimination
B) The disparate impact doctrine
C) The bottom line concept
D) Utilization evaluation