Question 1

During the "Era of Spoils" (1829-1869), U.S. government personnel were selected by:

Accepted Answer

During the "Era of Spoils," government jobs were awarded to political supporters and friends of the ruling party, rather than based on merit or qualifications. This was known as the "spoils system" or patronage, where the party in power used government positions as rewards for loyal supporters, resulting in corruption and incompetence in some cases.

Question 2

The "Era of Merit" (1869- ) in public personnel selection is most closely associated with the:

Accepted Answer

The "Era of Merit" refers to the establishment and growth of the civil service system in public personnel selection, with a focus on hiring and promoting employees based on their qualifications and merit rather than political connections or cronyism. The lottery system (A) and involuntary draft (B) are not associated with this era, and the graft and bribery system (D) is the opposite of the merit-based system established in the "Era of Merit."

Question 3

The Pendleton Act of 1883 was designed to:

Accepted Answer

The Pendleton Act was designed to end the spoils system in federal public personnel hiring by establishing a civil service system based on merit qualifications, rather than personal contacts or political influence. It did not increase the number of employees in the federal organizational workplace and, in fact, aimed to limit the number of positions that were filled through patronage. Therefore, option D is incorrect as it includes an incorrect option.

Question 4

Mediation in public human resources management is defined as:

Accepted Answer

Mediation in public human resources management refers to the process of involving a neutral third party to help resolve employee conflicts with the aim of reaching a mutually acceptable settlement. Option B is incorrect as affirmative action practices are a separate set of initiatives aimed at promoting equal opportunity and diversity within the workforce. Option C is also incorrect as performance evaluation is a tool primarily used for managing work performance and making decisions on promotions, re-training, or disciplinary action, and not for conflict resolution.

Question 5

Human rights of diversity in public service workplaces may involve the guarantees of statutes such as:

Accepted Answer

The human rights of diversity in public service workplaces are indeed protected by various statutes that aim to prevent discrimination and promote equality. The guarantees of these statutes include:
a) the Civil Rights Act of 1964, Title VII - This act prohibits employment discrimination based on race, color, religion, sex, or national origin. Title VII applies to employers, including public service workplaces, and ensures that individuals are treated fairly and without prejudice in various aspects of employment.
b) the Age Discrimination in Employment Act - This act protects employees and job applicants who are 40 years of age or older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment.
c) the Americans With Disabilities Act - This act prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. It ensures that people with disabilities have the same rights and opportunities as everyone else.
d) All of the above are correct - Each of these statutes plays a crucial role in ensuring that public service workplaces are diverse and inclusive, providing protections for various groups and helping to create an environment where all employees are valued and have equal opportunities.
Therefore, the correct answer is:
d) all of the above are correct.

Question 6

The effect of the Civil Rights Act of 1964 was to:

Accepted Answer

The Civil Rights Act of 1964 prohibited discrimination in public accommodations in interstate commerce, authorized the Justice Department to sue against segregated school districts, and prohibited employment discrimination for reasons of race and gender. Therefore, all of the above are correct.

Question 7

Bona fide occupational qualifications (BFOQ), that is, valid job-related requirements reasonably necessary to the normal operations of that particular business, may NOT constitutionally require discrimination based on:

Accepted Answer

Bona fide occupational qualifications (BFOQ) are employment qualifications that employers are allowed to consider while making decisions about hiring and retaining employees. However, these qualifications must be reasonably necessary to the operation of the particular business, and they cannot be used to discriminate on unjustifiable grounds.
According to U.S. federal law, particularly Title VII of the Civil Rights Act of 1964, BFOQs may allow for discrimination based on gender, religion, or age under very specific circumstances where such a characteristic is essential to the job. For example, a women's restroom attendant job might legally require a female employee, or a ministerial position might legally require someone of a particular religion.
However, BFOQs may NOT constitutionally require discrimination based on:
d) race
Race can never be considered a BFOQ under federal law. The Civil Rights Act of 1964 prohibits employment discrimination on the basis of race in any circumstance. There are no situations in which an employer can claim that a racial requirement is necessary for a job's performance. This prohibition is designed to ensure that all individuals, regardless of race, have equal employment opportunities.

Question 8

The remedy of affirmative action responds to basic ethical/constitutional values for the:

Accepted Answer

The remedy of affirmative action is primarily designed to address historical and systemic inequalities that have affected certain groups of people. It is a set of policies and practices within a government or organization seeking to include particular groups based on their gender, race, sexuality, creed, or nationality in areas in which they are underrepresented, such as education and employment. The goal of affirmative action is to level the playing field by providing opportunities to those who have been historically marginalized.
Looking at the options provided:
a) Pursuit of happiness of all persons - While affirmative action can contribute to the pursuit of happiness by providing equal opportunities, this is not its primary ethical or constitutional value.
b) Equality of all persons - Affirmative action directly responds to the ethical and constitutional value of equality. It aims to ensure that all individuals have equal opportunities and are not disadvantaged by their race, gender, or other characteristics.
c) End of grievances of all persons - Affirmative action may help to address specific grievances of marginalized groups, but it is not a comprehensive solution to all grievances of all persons.
d) All of the above are correct - While affirmative action can contribute to the pursuit of happiness and may address some grievances, its primary focus is on promoting equality. Therefore, the most accurate answer is:
B) Equality of all persons
Affirmative action is fundamentally about creating a more equal society by providing opportunities to those who have been historically excluded or underrepresented, thereby responding to the ethical and constitutional value of equality.

Question 9

May affirmative action be constitutionally permitted after the US Supreme Court's decision in Regents v. Bakke (1978; reverse discrimination denying admission to a white male in public California medical school admissions)?

Accepted Answer

In the landmark case Regents of the University of California v. Bakke (1978), the United States Supreme Court ruled that while racial quotas in college admissions were unconstitutional, affirmative action programs could be constitutional if they were designed to serve the compelling interest of diversity in higher education and were narrowly tailored to meet that interest without using a quota system. The Court held that race could be one of several factors in the college admissions process, but it could not be the sole criterion for admission or exclusion. This decision allowed for the continuation of affirmative action policies, provided they were structured in a way that did not rely on rigid quotas or set-asides based on race.

Question 10

Adarand Constructors v. Pena (1995; minority set-aside quota for Colorado highway projects contracts):

Accepted Answer

The Supreme Court upheld the set-aside because of a history of discrimination against Hispanic ethnic businesses in Colorado and because the program was narrowly tailored to remedy past wrongs in Colorado race laws.

Question 11

Korematsu v. US (1944, WWII forced relocation of Japanese-Americans) was the first to hold that racial discrimination by a public agency was:

Accepted Answer

Korematsu v. US applied strict scrutiny, requiring a compelling governmental interest to justify racial discrimination by a public agency.

Question 12

Morton v. Mancari (1974, affirmative action for Native Americans for federal BIA employment) held:

Accepted Answer

The Morton v. Mancari case held that Native Americans deserved special affirmative action status because of their treaty status as members of a sovereign nation. This decision upheld the Indian preference policy, which allowed Native Americans to receive preferential treatment for federal Bureau of Indian Affairs employment. It did not rely on the rationale of race or economic development.

Question 13

Hernandez v. NY (1991, prosecutor removed a Latino from jury because of language problem) held that:

Accepted Answer

Hernandez v. NY (1991) upheld that Batson v. KY (1986) mandates race-neutral reasons for juror removal, recognized language issues as a race-neutral basis for exclusion, and noted that while language can serve as a proxy for race, this specific concern was not applicable in the case at hand.

Question 14

In Saint Francis College v. Al-Khazaji (1987; Arab-American fired from college) the Court held that:

Accepted Answer

The answer of In Saint Francis College v. Al-Khazaji (1987;...

Question 15

According the US Supreme Court in Saint Francis College v. Al-Khazaji (1987), the concept of race is criticized because:

Accepted Answer

The US Supreme Court in Saint Francis College v. Al-Khazaji (1987) criticized the concept of race because it has little biological significance, the biological difference between persons of the same race is often greater than between the average person of different races, and many scientists have concluded that racial classifications are mostly socio-political, rather than biological, in nature. Therefore, all the options are correct.

Question 16

The legal doctrine of Coverture limited the property rights of women by:

Accepted Answer

The legal doctrine of Coverture limited the property rights of women by:
a) Covering her property rights under those of her husband or father.
Under the doctrine of Coverture, which was a legal principle in common law, a married woman's legal rights and obligations were subsumed by those of her husband upon marriage. A woman's property, earnings, and legal identity were effectively under the control of her husband, and she could not own property, enter into contracts, or earn a salary in her own right. This doctrine reflected the societal norms of the time, where women were considered dependent on their male relatives, and it was not until various Married Women's Property Acts were passed in the 19th century that the legal status of married women began to improve, granting them more control over their property and legal autonomy.

Question 17

Although Nancy Drew Suders quit her job as a police dispatcher in Pennsylvania State Police v. Suders (2004), the Court allowed her to go directly to federal court and sue her employers to prove the sexual harassment was:

Accepted Answer

All of the above are correct. Nancy Drew Suders was allowed to sue her employers in federal court because the sexual harassment she experienced was severe enough to alter the conditions of her employment, intolerable enough for her resignation to be considered a fitting response, and had not been effectively resolved by existing bureaucratic channels.

Question 18

Employment Division v. Smith (1990) upheld the across-the-board statutory criminal prohibition of the use of peyote (even in sincere religious ceremonies) under the primary justification of:

Accepted Answer

The Supreme Court upheld the prohibition on the use of peyote, even in religious ceremonies, under the primary justification of the state's interest in enforcing a policy of uniformity and fairness in drug law enforcement. The court held that the Free Exercise Clause does not require the government to grant religious exemptions from generally applicable laws that happen to burden religious practices. Therefore, the state's interest in maintaining uniformity in drug laws outweighed the individual's right to religious freedom in this case.

Question 19

Gonzales v. O Centro (2006; religious use of Schedule I drug hoasca) decided that the sincere religious use of the drug hoasca was protected by:

Accepted Answer

The answer of Gonzales v. O Centro (2006; religious use...

Question 20

Today=s 3-prong test for establishment of religion by public agencies (secular purpose, secular effect, and no excessive entanglement) was developed in:

Accepted Answer

The 3-prong test for establishment of religion by public agencies (secular purpose, secular effect, and no excessive entanglement) was developed in Lemon v. Kurtzman (1971). This case struck down Pennsylvania and Rhode Island state aid to church schools. Waltz v. Tax Commissioner (1970) upheld New York City's property tax immunity for churches. Sherbert v. Verner (1963) struck down state denial of unemployment to Seventh Day Adventist. Braunfeld v. Brown (1961) upheld local Sunday closing laws against challenge by Jewish shopkeeper.

Quiz 7: Human Resources Management Diversity

During the "Era of Spoils" (1829-1869) , U.S. government personnel were selected by: