Quiz 8: Affirmative Action

No other employment practice is more misunderstood than affirmative action.

There is only one definition for affirmative action: AA involves the preferential hiring and promoting of protected group members in order to remedy underutilization.

The Supreme Court has held that societal discrimination does not come under the domain of Title VII.

Proponents of AA programs believe preferential treatment actually creates racial barriers rather than removing them.

Affirmative action shifts the premise of equal opportunity from group rights to individual rights.

The Civil Rights Act of 1991 now provides a degree of protection to third parties of consent decrees.

The problem with consent decrees is that third parties can initiate an indefinite number of litigations against the AAP.

The classes of employees entitled to preferential selection under federally mandated AAPs are more extensive than those under Title VII.

Some employers may be motivated to adopt affirmative action as a result of social or ethical responsibility.

Federal courts have long permitted employers to consider race and ethnicity as the sole decision criterion under formal AAPs.

The EEOC was successfully sued for reverse discrimination because its affirmative action plan had become a permanent fixture.

Before 1995, when it comes to affirmative action the private sector was held to a higher standard of judicial review compared to government employers.

When conducting utilization analysis, failing to consider the relevant labor market for applicants is a frequent problem.

Provided the employer has shown a good faith effort to attain AAP goals, the OFCCP and the EEOC are unlikely to take adverse action against the employer for failing to reach them.

It is acceptable to hire an unqualified candidate from a preferred group rather than a qualified person from a non-preferred group.

Only state and local governments and their agencies can violate the Equal Protection Clause.

The first part of the strict scrutiny test is to determine if a program is narrowly tailored.

Statistical imbalances, in and of themselves, are not sufficient to justify preferential treatment.

Diversity goals are permanent whereas affirmative action goals are temporary.

The complaining parties in reverse discrimination suits are restricted to being white males.

__________ signed the order that provided the motivation for race-conscious recruiting and hiring under affirmative action. A)President Clinton B)President Johnson C)President Nixon D)President Ford

__________ contains the OFCCP's guidance for constructing programs that would meet their standards of review. A)Revised Order No.4 B)Revised Order No.6 C)Revised Order No.8 D)Revised Order No.10

__________ say that affirmative action was intended to "level the playing field." A)Proponents B)Opponents C)All protected classes D)None of the above

Opponents of AA feel that preferential treatment constitutes: A)a correction in underutilization. B)the only fair solution to a past wrong. C)reverse discrimination. D)a more equal work environment.

Proponents of AA programs contend that results will take __________ to achieve. A)weeks B)months C)years D)decades

__________ is a remedy imposed by a court when an employer has been found in violation of Title VII or the Equal Protection Clause. A)absolute bar B)involuntary affirmative action C)voluntary action D)utilization analysis

Involuntary affirmative action has been recognized as a remedial tool to alleviate discriminatory employment practices since _____, when the Supreme Court ruled in U.S.v Louisiana. A)1965 B)1975 C)1985 D)1995

The authority to require involuntary affirmative action is drawn from: A)Equal Pay Act B)Civil Right Act of 1991 C)Title VII D)Proposition 209

Which is a general category into which voluntary affirmative action plans may fall? A)voluntarily initiated plans B)eligibility requirements C)consent arrangements D)All of the above

Under a consent agreement, the AAP is treated as a/an: A)absolute bar. B)involuntary affirmative action C)voluntary action D)utilization analysis

Which is not a class of employees entitled to preferential selection under federally mandated AAPs? A)age B)sex C disability D)veteran status

An acceptable AAP should contain A)utilization analysis B)beta analysis C)an immeasurable scope D)a reasonable basis

The __________ has exacting guidelines for AAP's through Revised Order No.4. A)EEOC B)OFCCP C)OSHA D)NAACP

For any preferential program to be permissible under Title VII, __________ criteria must be satisfied. A)only one of four B)two of four C)three of four D)all four

Federal courts have accepted __________ as an indication of the present effects of previous discrimination. A)underutilization B)underrepresentation C)statistical imbalance D)all of the answers could work in this sentence

Which of the following is not a synonym of trammel? A)confine B)restrict C)support D)hinder

An affirmative action program creates __________ when it excludes from consideration for any position all parties who are not members of the preferred group. A)a narrowly tailored plan B)an absolute bar C)strict scrutiny D)utilization analysis

Under AAPs, if a qualified member of the preferred group cannot be found, the position: A)should be given to a qualified non-preferred group member. B)should be held vacant until a qualified preferred group member is located. C)should be given to a nonqualified preferred group member. D)none of the above

__________ sector employers are constrained by the Equal Protection Clause when they implement an AAP. A)Private B)Public C)Both private and public D)Neither private no public

A formal AAP is comprised of: A)utilization analysis B)goals and timetables C)an action plan D)all of the above

Utilization analysis is absolutely dependent upon: A)accurate job analysis B)validated selection criteria C)both D)neither

It is reasonable to expect most nationwide recruiting drives to last __________, and local recruiting efforts to last a few days or weeks. A)no more than a month B)no more than three months C)six to twelve months D)several years

Action-oriented program designed to eliminate problems and attain previously established goals and objectives. A)absolute bar B)action plan C)strict scrutiny D)utilization analysis

__________ requires the employer to break down Hispanic employees and applicants into three distinct categories. A)The EO Survey B)The EEO-1 Report C)OSHA D)Utilization analysis

In 1971, the Supreme Court embarked on a series of decisions that interpreted the __________ in a manner that would allow the Equal Protection Clause to permit limited preferential treatment. A)Equal Pay Act B)Fourteenth Amendment C)Civil Rights Act of 1991 D)Bill of Rights

Under the principle of __________ any preferences pursued by a state or local government must pass a two-part test. A)absolute bar B)action plan C)strict scrutiny D)utilization analysis

Affirmative action plans initiated by public sector organizations are expected to be __________ in nature. A)temporary B)immeasurable C)enduring D)permanent

In Adarand Constructors v Pena, the Supreme Court ruled that there is an implied Equal Protection Clause in the __________. A)Sixteenth Amendment B)Eleventh Amendment C)Fourteenth Amendment D)Fifth Amendment

How many criteria are required for any preferential program to be permissible under Title VII? List the Supreme Court case that defined these criteria and describe each.

What elements are needed in developing a formal AAP? Describe each element.

Explain the two-part test under strict scrutiny.

What standards must consent decrees meet in order to ensure their finality?

You have been tasked by your employer to review the current affirmative action plan.