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

Question 1

Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts.

Answer 1

False

Question 2

Hiring men to be Catholic priests is known as a bona fide occupational qualification.

Answer 2

True

Question 3

In a prima facie disparate treatment case,the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

Answer 3

False

Question 4

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.

Question 5

The legislative,executive,and judiciary branches each have their own area of authority that does not overlap,keeping the borders clear and defined.

Question 6

If an employee files a claim with the Equal Employment Opportunity Commission stating he or she feels there has been an illegal employment practice violation,the employer cannot retaliate.

Question 7

Jonah feels he has been discriminated against for his long hair and choice of clothes,but before he files the complaint,he waits to see if he gets the raise he was expecting.He feels he can wait because he can file at any time.

Question 8

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

Question 9

Camille is a single woman who just found out she is expecting her first child.Her boss tells her according to the Pregnancy Discrimination Act,she is not entitled to benefits.The boss is correct.

Question 10

The U.S.president has the power to veto any law passed by Congress.

Question 11

Skylar was promised a promotion if she would attend a benefit with her boss.The dinner is out of town and would require an overnight stay in which only one room was reserved.This is an example of quid pro quo.

Question 12

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

Question 13

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

Question 14

Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens.

Question 15

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

Question 16

Derek is overweight by 200 pounds.He tells his boss that she must make an accommodation to his desk because his weight is a medical condition covered under the Americans with Disabilities Act.Derek is correct.

Question 17

A new school superintendent is faced with filling many vacancies.As the HRM,you become concerned when it appears that all the promotions and new hires are from the same race.This is disparate treatment.

Question 18

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

Question 19

The standard deviation rule uses the mode of the distribution to determine disparate impact.

Question 20

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 21

Executive Order 11246,signed by President Lyndon Johnson,required all federal contractors and subcontractors to

A)deny payments to private contractors based on the availability of money.
B)pay taxes for the capital goods exported from other countries for operation.
C)form and implement private laws that are consistent with the Constitution.
D)engage in affirmative action programs to hire and promote minorities.
E)refrain from exporting their services to projects in foreign countries.

Question 22

The job hazard analysis technique is a breakdown of each job into basic elements,each of which is rated for its potential for harm or injury.

Question 23

Section 1982 of the Civil Rights Act passed in 1866 granted all persons the

A)same property rights as white citizens.
B)right to carry weapons for self-defense.
C)right to sue governmental authorities.
D)freedom to elect members of Parliament.
E)freedom from cruel and unusual punishments.

Question 24

The executive branch of the federal government

A)consists of bodies such as the Select Committee on Ethics.
B)consists of the House of Representatives and the Senate.
C)adjudicates criminal cases.
D)passes laws such as the Civil Rights Act.
E)consists of the president and the many regulatory agencies the president oversees.

Question 25

President Trump's travel ban is an example of a(n)

A)constitutional amendment.
B)judicial decision.
C)legislation.
D)executive order.
E)legislative bill.

Question 26

Which congressional legislation requires contractors and subcontractors that receive more than $2,500 annually from the federal government to engage in affirmative action for individuals with disabilities?

A)Title VII of the Civil Rights Act
B)Equal Pay Act
C)Vietnam Era Veterans' Readjustment Assistance Act
D)Rehabilitation Act
E)Pregnancy Discrimination Act

Question 27

HRM laws are governed by the legislative branch of the federal government,which

A)functions under the authority and supervision of the president.
B)has no say in the appointment of judges by the president.
C)consists of the House of Representatives and the Senate.
D)enforces the laws that are passed in the United States.
E)adjudicates cases pertaining to civil issues.

Question 28

Once a law is passed in Congress it must be signed by the ________ before it becomes law.

A)president pro tempore of the Senate
B)secretary of state
C)attorney general
D)president of the United States
E)speaker of the House

Question 29

The Occupational Safety and Health Act assigned the responsibility for inspecting employers,applying the standards,and levying fines to the Department of Health.

Question 30

Roe vs.Wade and other major court cases often make their way through the court system ending with the court of final appeal,more commonly known as

A)circuit court.
B)the Supreme Court.
C)the court of appeals.
D)state court.
E)district court.

Question 31

Which legislation mandates affirmative action in the employment of individuals with disabilities?

A)Rehabilitation Act of 1973
B)Lilly Ledbetter Fair Pay Act
C)Pregnancy Discrimination Act
D)Pendleton Act
E)Civil Rights Act of 1871

Question 32

Affirmative action programs are used to eliminate discrimination in the workplace and increase minority representation.

Question 33

The provision of the Occupational Health and Safety Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards is known as the general duty clause.

Question 34

Which of the following is a part of the U.S.government's executive branch?

A)District courts
B)Committee on Indian Affairs
C)Select Committee on Ethics
D)Congress
E)The president

Question 35

Which of the following is an example of a quasi-judicial body?

A)National Security Agency
B)Senate
C)Court of appeals
D)District court
E)National Labor Relations Board

Question 36

Recently a few southern state confederate monuments have been removed.There were many protests on both sides.Which amendment did those in favor most likely cite?

A)Fourth Amendment
B)First Amendment
C)Fifteenth Amendment
D)Thirteenth Amendment
E)Fourteenth Amendment

Question 37

Women in the office often comment on Hunter's good looks and toned body.They like to tease him about showing them his six-pack abs.Hunter could file a complaint under Title VII of the Civil Rights Act.

Question 38

Section 1981 of the Civil Rights Act of 1866 granted individuals the

A)freedom from cruel and unusual punishments.
B)right to carry weapons for self-defense.
C)right to sue governmental authorities.
D)right to enter into and enforce a contract.
E)freedom to elect members of Parliament.

Question 39

If neither party is satisfied with the National Labor Relations Board's decision,the parties can take the case to the ________ for review.

A)court of appeals
B)district court
C)Senate
D)House of Representatives
E)secretary of state

Question 40

Which of the following amendments is called the equal protection clause?

A)Fourteenth Amendment
B)Sixteenth Amendment
C)Eighteenth Amendment
D)Twentieth Amendment
E)Third Amendment

Question 41

Which of the following is considered a disability under the Americans with Disabilities Act?

A)Cosmetic disfigurement
B)Obesity
C)Substance abuse
D)Eye color
E)Lefthandedness

Question 42

Which of the following agencies is responsible for enforcing Title VII of the Civil Rights Act and the Americans with Disabilities Act?

A)U)S.Department of Commerce
B)Equal Employment Opportunity Commission
C)Office of Federal Contract Compliance Programs
D)U)S.Department of Labor
E)U)S.Office of Personnel Management

Question 43

Under the Civil Rights Act of 1991,what is the damage limit for a firm that employs 14 to 100 employees?

A)$30,000
B)$150,000
C)$50,000
D)$450,000
E)$200,000

Question 44

The ________ is a set of guidelines on the ways an organization should develop and administer recruitment systems so as not to violate Title VII.

A)Uniform Guidelines on Employee Selection Procedures
B)Guidelines for Employment Security
C)Guidelines for Employee Facilities
D)Uniform Guidelines for Voluntary Early Retirement
E)Uniform Guidelines for Job Design and Job Description

Question 45

Directives issued and amended unilaterally by the president are known as

A)judicial decisions.
B)presidential vetoes.
C)presidential bills.
D)executive orders.
E)constitutional amendments.

Question 46

Which of the following best describes the consent decree that the Equal Employment Opportunity Commission (EEOC)enters into with an organization that has been found to be discriminating?

A)It is a decree that permits a victim to sue the organization that has victimized him or her based on color,religion,gender,or place of birth.
B)It is a decree through which the organization agrees to furnish the details regarding the extent of diversity among its staff.
C)It is a decree through which the organization accepts it has committed discrimination without imposing any requirements to prevent discrimination in the future.
D)It is an agreement between the EEOC and the organization that the organization will cease certain discriminatory practices.
E)It is an agreement that binds the organization to respect the rights of its employees to give consent to the nature of conditions at the workplace.

Question 47

Executive Order 11246,which prohibits discrimination based on race,color,religion,sex,and national origin,is enforced by the

A)Office of Federal Contract Compliance Programs.
B)U)S.Office of Personnel Management.
C)Equal Employment Opportunity Commission.
D)United States Court of Federal Claims.
E)U)S.Department of Commerce.

Question 48

The U.S.Office of Personnel Management is in charge of

A)Executive Order 11246.
B)the Pregnancy Discrimination Act.
C)Executive Order 11478.
D)the Equal Pay Act of 1963.
E)the Americans with Disabilities Act.

Question 49

Which of the following is a disability under the Americans with Disabilities Act?

A)Lefthandedness
B)Substance abuse
C)Eye and hair color
D)Heart disease
E)Obesity

Question 50

Individuals who feel they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC)or a similar state agency within ________ days of the incident.

A)30
B)60
C)180
D)270
E)365

Question 51

The EEOC analyzes EEO-1 reports to look for patterns of discrimination,especially in companies with a minimum of ________ employees.

A)60
B)100
C)50
D)80
E)25

Question 52

The Rehabilitation Act of 1973 is enforced by the

A)Office of Federal Contract Compliance Programs.
B)U)S.Department of Health.
C)Equal Employment Opportunity Commission.
D)U)S.Department of Commerce.
E)Employment Standards Administration of the Department of Labor.

Question 53

Which of the following agencies or institutions is responsible for enforcing the executive orders that cover companies doing business with the federal government?

A)U)S.District Court
B)Office of Federal Contract Compliance Programs
C)Equal Employment Opportunity Commission
D)U)S.Department of Commerce
E)Center for Civil and Human Rights

Question 54

Executive Order 11478 requires the federal government to

A)prevent reverse discrimination by abolishing affirmative action.
B)base all its employment policies on merit and fitness.
C)prevent privatization of banking and financial services.
D)base all its selections on methods such as quantitative techniques.
E)abolish personal interviews as a method of selecting federal employees.

Question 55

Which of the following is responsible for enforcing the Age Discrimination in Employment Act?

A)Equal Employment Opportunity Commission
B)Office of Federal Contract Compliance Programs
C)U)S.Department of Commerce
D)Independent Regulatory Commission
E)U)S.Department of Labor

Question 56

Which of the following is true about how the Equal Employment Opportunity Commission (EEOC)responds to a claim of discrimination?

A)If the EEOC determines that discrimination has taken place in a private firm,it can investigate the discrimination but cannot file a suit.
B)If the EEOC either does not believe a complaint to be valid or fails to complete the investigation,it issues a ruling preventing the complainant from pursuing legal action in federal court.
C)If the EEOC cannot come to an agreement with an offending employer,it can issue a "right to sue" letter to the alleged victim.
D)If the EEOC cannot come to an agreement with an offending employer,it will collect a hefty fine,which it will pass on to the complainant.
E)If the EEOC discovers any discriminatory practice,it will urge the federal government to bar the offending firm from doing business with federal agencies.

Question 57

Which of the following states that it is illegal for an employer to refuse to hire an individual or otherwise discriminate against this individual with respect to compensation,terms,conditions,or privileges of employment because of such individual's race,color,religion,sex,or national origin?

A)Unlawful Corporate Payments Act of 1977
B)Federal Employers' Liability Act
C)Executive Order 11246
D)Executive Order 1148
E)Title VII of the Civil Rights Act of 1964

Question 58

After the Equal Employment Opportunity Commission (EEOC)has taken responsibility for investigating a claim of discrimination,the complainant must give the EEOC ________ days to investigate the complaint.

A)30
B)60
C)90
D)120
E)180

Question 59

Which of the following agencies is responsible for investigating and resolving discrimination complaints,gathering information,and issuing guidelines?

A)Equal Employee Opportunity Commission
B)U)S.Department of Labor
C)Office of Federal Contract Compliance Programs
D)U)S.Department of Commerce
E)Labor Commission

Question 60

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of

A)30.
B)35.
C)40.
D)18.
E)15.

Question 61

The written affirmative action plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a

A)utilization analysis.
B)goal.
C)consent decree.
D)timetable.
E)list of action steps.

Question 62

According to the Civil Rights Act of 1991,once the plaintiff has made a prima facie disparate impact case,the

A)defendant is punished for engaging in discrimination.
B)plaintiff is asked to present witnesses for his or her case.
C)defendant is asked to pay punitive damages.
D)burden of proof shifts to the defendant.
E)defendant is freed from conviction for discrimination.

Question 63

Which of the following analyses uses the difference between the expected representation for minority groups and the actual representation to determine whether the difference between these two values is greater than would occur by chance?

A)Utilization rule
B)Mixed-motive rule
C)Prima facie rule
D)Standard deviation rule
E)Four-fifths rule

Question 64

At a meeting held during Passover,there are two buffet lines.One has matzo and no shrimp and the other has bread and shrimp.This is an example of a

A)disparate treatment.
B)disparate impact.
C)reasonable accommodation.
D)pattern and performance.
E)quid pro quo.

Question 65

Sarah has been asked to compare the current workforce of her company with that of the available labor supply.She creates a spreadsheet with the columns "Race," "Ethnicity," and "Gender." She is doing a ________ analysis.

A)contingency
B)matrix
C)path goal
D)differential
E)utilization

Question 66

A common interview practice is to have the candidate create a Power Point presentation on how to make a grilled cheese sandwich.This would be an example of

A)disparate impact.
B)reasonable accommodation.
C)quid pro quo.
D)internal discrimination.
E)disparate treatment.

Question 67

The director of a movie auditions only white males to play the role of Abraham Lincoln in a biographical film on Lincoln's life.This is an example of

A)reasonable accommodation.
B)disparate treatment.
C)quid pro quo.
D)bona fide occupational qualification.
E)disparate impact.

Question 68

East West Airlines has in its affirmative action plan that 255 men and 40 percent minorities will be hired within the next 2 years.This is an example of goals and timetables because it

A)compares the race,sex,and ethnic composition of an employer's workforce with that of the available labor supply.
B)specifies the amount that an organization has spent to train an employee.
C)defines whether an employee can be a member of any of the labor unions.
D)specifies the percentage of women and minorities that an employer seeks to have in each job group.
E)defines the minimum standards that an employee should have to be part of an organization.

Question 69

In a ________ case,the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination.

A)prima facie
B)disparate impact
C)reasonable accommodation
D)quid pro quo
E)mixed-motive

Question 70

Which of the following statements is true of disparate treatment and disparate impact?

A)The discriminating individual's intent is irrelevant in disparate treatment.
B)For there to be discrimination under disparate treatment,there has to be intentional discrimination.
C)A selection practice that results in disparate impact is necessarily illegal in nature.
D)The four-fifths rule for discrimination is not applicable to disparate impact.
E)In a disparate impact case,the defendant is required to pay compensatory and punitive damages to the plaintiff.

Question 71

Which of the following rules states that an employment test has disparate impact if the hiring rate for a minority group is less than 80 percent of the hiring rate for the majority group?

A)Standard deviation rule
B)Mixed-motive rule
C)Prima facie rule
D)Four-fifths rule
E)Business necessity rule

Question 72

In showing class-action ________ lawsuits,the plaintiffs show some statistical disparities between the composition of some group within the company compared to some other relevant group.

A)pattern and practice
B)disparate impact
C)disparate treatment
D)reasonable accommodation
E)quid pro quo

Question 73

Nikeyah has resisted advances from her male boss,who is interested in pursuing a sexual relationship with her.In addition,he has been withholding her promotions for more than a year for this reason alone.Nikeyah can sue her boss for

A)sexual harassment.
B)reasonable accommodation.
C)pattern and practice.
D)disparate impact.
E)disparate treatment.

Question 74

Under ________,intent is irrelevant.

A)disparate treatment
B)disparate impact
C)racial discrimination
D)gender discrimination
E)disparate discrimination

Question 75

Jason,an African-American,and Robert,a Caucasian,both experienced welders,apply for two openings at Virgo Inc.Robert is hired and Virgo continues to look for candidates to fill the other position.Jason alleges racial discrimination by Virgo,but Virgo denies this.Which of the following statements would both negate Jason's case and support Virgo's case?

A)Virgo deals in building equipment that requires a certified welder and Jason is a certified welder.
B)Virgo deals in building equipment that requires a certified welder and Robert is a certified welder.
C)Virgo has had a history of discrimination.
D)Virgo has never had a history of discrimination.
E)Virgo deals in building equipment that requires a certified welder and Jason is not a certified welder.

Question 76

Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline.Despite both having similar profiles,Michael was hired but Mohammad was not,and the airline continued to look for other potential trainee pilots.In this case,Mohammad was a possible victim of

A)sexual harassment.
B)quid pro quo harassment.
C)disparate treatment.
D)disparate impact.
E)racial discrimination.

Question 77

A hotel in Florida has instituted a policy to hire individuals living in close proximity to the hotel premises to reduce instances of employees coming in late.As the area surrounding the hotel is predominantly populated with individuals of Hispanic origin,the Caucasian and African-American communities became underrepresented in the hotel's workforce.This is an example of

A)reverse discrimination.
B)disparate impact.
C)disparate treatment.
D)reasonable accommodation.
E)sexual harassment.

Question 78

Which of the following acts 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?

A)Equal Pay Act
B)Fair Labor Standards Act
C)Lilly Ledbetter Fair Pay Act
D)Title VII of the Civil Rights Act of 1964
E)Vocational Rehabilitation Act

Question 79

If a plaintiff feels that individual acts of intentional discrimination in his firm have led to a statistical disparity in the firm,and this disparity is a function of a larger culture of discrimination,which of the following lawsuits is he most likely to file? At Tackle and Bait,a large outdoor supply store,women are hired to be cashiers for a flat hourly rate while men work the floor on commission.What lawsuit is Tackle and Bait opening themselves up to based on this practice?

A)Reasonable accommodation
B)Pattern and practice
C)Disparate treatment
D)Quid pro quo
E)Disparate impact

Question 80

Which of the following is the Office of Federal Contract Compliance Programs' most potent weapon and its last penalty?

A)Debarment
B)General warning
C)Right to sue letter
D)Class-action suits
E)Specific treatment