Question 1

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.

Accepted Answer

The written affirmative action plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a list of action steps. Utilization analysis is the process of analyzing an employer's workforce to determine if there are underutilized protected groups. Goals, consent decrees, and timetables may all be included in an affirmative action plan, but they do not specifically refer to the written plan that outlines specific actions to be taken.

Question 2

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.

Accepted Answer

Once the plaintiff has made a prima facie disparate impact case, the burden of proof shifts to the defendant to prove that their actions were job-related and consistent with business necessity. This is outlined in the Civil Rights Act of 1991. Therefore, option D is the correct answer.

Question 3

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

Accepted Answer

The Standard Deviation Rule is used in statistical analysis to determine if the difference between expected and actual representation of minority groups in a sample is greater than what might occur by chance. This method involves calculating the standard deviation to assess whether observed disparities are statistically significant.

Question 4

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.

Accepted Answer

This is an example of reasonable accommodation, as it provides options for individuals with different dietary restrictions during a religious holiday. However, it could also potentially be an example of disparate treatment if certain individuals are directed towards one buffet line based on their religion or dietary restrictions.

Question 5

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

Accepted Answer

Sarah is conducting a utilization analysis, which involves comparing the demographics of the company's workforce (in terms of race, ethnicity, and gender) with those of the available labor supply to identify any disparities or areas for improvement in diversity and inclusion efforts.

Question 6

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.

Accepted Answer

Disparate impact occurs when a seemingly neutral practice or policy has a disproportionate negative impact on a protected group. In this case, the requirement to create a PowerPoint presentation could have a disparate impact on candidates with disabilities who may have difficulty using PowerPoint.

Question 7

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.

Accepted Answer

The role of Abraham Lincoln, a historical figure who was a white male, may require a bona fide occupational qualification (BFOQ) for authenticity in casting, which allows for specific characteristics like race or gender to be considered essential for the role.

Question 8

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.

Accepted Answer

The statement mentions a specific percentage goal for minorities to be hired within a certain time frame, which is an example of a goal and timetable in an affirmative action plan. It does not address comparisons to the available labor supply, training expenses, union membership, or minimum standards for employees.

Question 9

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

Accepted Answer

This is a mixed-motive case, as the defendant admits to some form of discrimination but argues that the same decision would have been made regardless of the discriminatory factor. Mixed-motive cases require a thorough analysis of the decision-making process and any potential discriminatory factors to determine whether or not discrimination played a role in the final decision.

Question 10

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.

Accepted Answer

Disparate treatment involves intentional discrimination, meaning the individual's intent to discriminate is relevant. Disparate impact, on the other hand, refers to a selection practice or policy that has a disproportionate and negative impact on a protected group, regardless of intent. The four-fifths rule is applicable to disparate impact cases, and compensatory and punitive damages may be available to the plaintiff if discrimination is found.

Question 11

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

Accepted Answer

The Four-fifths rule is also known as the 80% rule and it states that an employment test has disparate impact if the hiring rate for a minority group is less than 80% of the hiring rate for the majority group.

Question 12

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

Accepted Answer

Pattern and practice lawsuits involve showing statistical disparities to demonstrate systemic discrimination within a company.

Question 13

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.

Accepted Answer

Nikeyah's boss is engaging in sexual harassment by pressuring her for sexual favors and punishing her professionally for rejecting his advances. She has a valid claim for sexual harassment under Title VII of the Civil Rights Act of 1964.

Question 14

Under ________,intent is irrelevant.
A)disparate treatment
B)disparate impact
C)racial discrimination
D)gender discrimination
E)disparate discrimination

Accepted Answer

Disparate impact refers to a situation where a seemingly neutral policy or practice disproportionately affects a protected group, even if there was no intent to discriminate. Therefore, intent is irrelevant in a disparate impact case.

Question 15

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.

Accepted Answer

If Jason is not a certified welder, then Virgo has a legitimate, non-discriminatory reason for not hiring him, which would negate his claim of racial discrimination.

Question 16

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.

Accepted Answer

Mohammad was not hired despite having a similar profile to Michael, indicating that he may have been subjected to disparate treatment, which is a form of discrimination where individuals are treated differently based on their protected characteristics (such as race or religion) without any legitimate reason. The fact that the airline continued to look for other potential trainee pilots also suggests that Mohammad was not rejected because of his qualifications or ability to perform the job, but rather due to his personal characteristics.

Question 17

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.

Accepted Answer

This scenario exemplifies disparate impact, as the policy of hiring individuals living in close proximity to the hotel premises may unintentionally have a negative impact on certain races or ethnicities, resulting in underrepresentation of the Caucasian and African-American communities in the hotel's workforce.

Question 18

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

Accepted Answer

Title VII of the Civil Rights Act of 1964 protects employees from discrimination and retaliation in the workplace, including retaliation for opposing or participating in proceedings related to illegal employment practices.

Question 19

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

Accepted Answer

C  E  The plaintiff is likely to file a "Pattern and practice" lawsuit as it involves claims of systematic discrimination. Tackle and Bait's practice of hiring women as cashiers and men on commission could lead to "Disparate treatment" as it involves intentional discrimination based on gender. It could also result in "Disparate impact" if the practice disproportionately affects one gender over the other.

Question 20

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

Accepted Answer

Debarment is the OFCCP's most powerful weapon as it bars a contractor from participating in any future federal contracts for a specified period. It is also considered the last penalty as it only occurs after other measures have failed to bring about compliance.

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

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

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

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?

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

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 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

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

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

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.

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

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?

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.

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

Under ________,intent is irrelevant.

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?

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