Question 1

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?

Accepted Answer

The standard deviation rule uses actual probability distributions to determine adverse impact. This analysis uses the difference between the expected representation (or hiring rates)for minority groups and the actual representation (or hiring rate)to determine whether the difference between these two values is greater than would occur by chance.

Question 2

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

Accepted Answer

The written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a list of action steps. The company's CEO must make it clear to the entire organization that the company is committed to reducing underutilization, and all management levels must be involved in the planning process.

Question 3

Alice and Charlie work in the same team. Lately, Alice notices that Charlie likes to make subtle physical contacts with her while discussing work. He comments on her dressing style and hints that he would like to pursue an intimate relationship. Alice is upset because of Charlie's behaviors. Alice can sue Charlie for _____.

Accepted Answer

Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways: quid pro quo and hostile working environment.

Question 4

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.

Accepted Answer

In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things. They show some statistical disparities between the composition of some group within the company compared to some other relevant group.

Question 5

Goals and timetables in an affirmative action plan:

Accepted Answer

Goals and timetables in an affirmative action plan specify the percentage of women and minorities that the employer seeks to have in each job group and the date by which that percentage is to be attained. These are not to be viewed as quotas, which entail setting aside a specific number of positions to be filled only by members of the protected class.

Question 6

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

Accepted Answer

The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (or 80%)of the hiring rate for the majority group.

Question 7

Company X conducts a pen-and-paper test to select employees. But, the number of African-American candidates rejected in the test is unusually large in comparison with the number of American candidates rejected in the test. This situation is an example of:

Accepted Answer

Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities. A facially neutral employment practice is one that lacks obvious discriminatory content yet affects one group to a greater extent than other groups, such as an employment test.

Question 8

Adam and Dean graduate from the same university with the same grades. They apply for a job in a company. The company decides to hire Adam and not Dean because Dean suffers from lymphatic disorders. In this case, Dean is a victim of:

Accepted Answer

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status. If two people with the same qualifications apply for a job and the employer decides whom to hire based on one individual's disability status, the individual not hired is a victim of disparate treatment.

Question 9

_____ occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.

Accepted Answer

Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities. A facially neutral employment practice is one that lacks obvious discriminatory content yet affects one group to a greater extent than other groups, such as an employment test.

Question 10

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?

Accepted Answer

Title VII of the Civil Rights Act of 1964 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. Opposition refers to expressing to someone through proper channels that you believe that an illegal employment act has taken place or is taking place.

Question 11

If a plaintiff feels that the promotion procedure in his/her company leaves too much discretion to the managers and provides avenue through which biases creep in, he/she can file a lawsuit for:

Accepted Answer

In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things. The plaintiff usually tries to make the case that the promotion and/or pay procedures leave too much discretion to managers, providing the avenue through which their unconscious biases can play a part.

Question 12

Which of the following components of an affirmative action plan compares the race, sex, and ethnic composition of the employer's workforce with that of the available labor supply?

Accepted Answer

The utilization analysis compares the race, sex, and ethnic composition of the employer's workforce with that of the available labor supply. For each job group, the employer must identify the percentage of its workforce with that characteristic (e.g., female)and identify the percentage of workers in the relevant labor market with that characteristic.

Question 13

A spa hires only women for handing out towels in its women's locker room. This is a case of:

Accepted Answer

Bona fide occupational qualification is a job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job.

Question 14

Under _____, intent is irrelevant.

Accepted Answer

Under disparate impact, intent is irrelevant. The important criterion is that the consequences of the employment practice are discriminatory.

Question 15

In a _____ case, the defendant acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Accepted Answer

In a mixed-motive case, the defendant acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

Question 16

_____ exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status.

Accepted Answer

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status. If two people with the same qualifications apply for a job and the employer decides whom to hire based on one individual's race, the individual not hired is a victim of disparate treatment.

Question 17

Which of the following refers to an organization's efforts to make usable facilities readily accessible to individuals with disabilities?

Accepted Answer

Reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion. Making facilities readily accessible to and usable by individuals with disabilities is referred to as reasonable accommodation.

Question 18

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

Accepted Answer

According to the Civil Rights Act 1991, once the plaintiff has made a prima facie disparate impact case, the burden of proof shifts to the defendant, who must show that the employment practice is a "business necessity." This is accomplished by showing that the practice bears a relationship with some legitimate employer goal.

Question 19

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

Accepted Answer

There is an important distinction between disparate impact and disparate treatment discrimination. For there to be discrimination under disparate treatment, there has to be intentional discrimination. Under disparate impact, intent is irrelevant.

Question 20

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

Accepted Answer

If the OFCCP finds that the contractors or subcontractors are not complying with the executive order, then its representatives may notify the EEOC (if there is evidence that Title VII has been violated), advise the Department of Justice to institute criminal proceedings, request that the Secretary of Labor cancel or suspend any current contracts, and forbid the firm from bidding on future contracts. This penalty is called debarment and is the OFCCP's most potent weapon.

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