Human Resource Management | Equal Opportunity and the Law | MCQ

Human Resource Management | Equal Opportunity and the Law | MCQ

Q) Which amendment to the U.S. Constitution states that "no person shall be deprived of life, liberty, or property, without due process of the law"?
A) First Amendment
B) Fifth Amendment
C) Tenth Amendment
D) Thirteenth Amendment
Answer: B
Explanation: The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due process of the law." The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination.


Q) The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held that it bars racial discrimination.
A) Fifth
B) Tenth
C) Thirteenth
D) Fourteenth
Answer: C
Explanation: The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due process of the law."


Q) The 13th Amendment to the U.S. Constitution addresses the subject of ________.
A) due process
B) slavery
C) private property
D) trial by jury
Answer: B
Explanation: The 13th Amendment to the U.S. Constitution abolished slavery, and courts have held that it bars racial discrimination.


Q) The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land.
A) Fifth Amendment
B) Civil Rights Act of 1866
C) Title VII of the 1964 Civil Rights Act
D) Thirteenth Amendment
Answer: B
Explanation: The Civil Rights Act of 1866 gives all persons the same right to make and enforce contracts and to benefit from U.S. laws. The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due process of the law." The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers cannot discriminate based on race, color, religion, sex, or national origin.


Q) Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________.
A) race
B) religion
C) color
D) sexual orientation
Answer: D
Explanation: Sexual orientation is not directly addressed under Title VII of the 1964 Civil Rights Act. It states that an employer cannot discriminate based on race, color, religion, sex, or national origin. Title VII bars discrimination on the part of most employers both public and private with 15 or more employees.


Q) According to Title VII of the 1964 Civil Rights Act, which of the following employers would be legally allowed to refuse employment to an individual based on race, religion, or sex?
A) a state agency with 65 employees
B) a medical office with 25 employees
C) a local restaurant with 10 employees
D) a department store with 100 employees
Answer: C
Explanation: Title VII bars discrimination on the part of most employers, including all public and private employers of 15 or more persons. It also covers all private and public educational institutions, the federal government, and state and local governments.


Q) Which legislation was responsible for the creation of the Equal Employment Opportunity Commission?
A) Equal Pay Act of 1963
B) Civil Rights Act of 1866
C) Executive Orders 11246 and 11375
D) Title VII of the 1964 Civil Rights Act
Answer: D
Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The commission itself consists of five members appointed by the president with the advice and consent of the Senate. Executive Orders 11246 and 11375 established the Office of Federal Contract Compliance Programs.


Q) The EEOC was initially established to investigate complaints about ________.
A) job discrimination
B) unfair business practices
C) sexual harassment in schools
D) structural accommodations for disabled people
Answer: A
Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The EEOC receives and investigates job discrimination complaints from aggrieved individuals.


Q) How many members serve on the Equal Employment Opportunity Commission?
A) 3
B) 5
C) 9
D) 10
Answer: B
Explanation: The Equal Employment Opportunity Commission (EEOC) consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a five-year term.


Q) Which of the following appoints the members of the EEOC?
A) U.S. Congress
B) U.S. Supreme Court
C) U.S. President
D) U.S. voters
Answer: C
Explanation: The EEOC consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a five-year term.


Q) Which of the following requires equal pay for equal work regardless of sex?
A) Title VII of the 1964 Civil Rights Act
B) Equal Pay Act of 1963
C) Pay Discrimination in Employment Act of 1967
D) Civil Rights Act of 1991
Answer: B
Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions.


Q) When companies utilize ________, they take steps to eliminate the present effects of past discrimination.
A) affirmative action
B) executive orders
C) rehabilitation
D) due process
Answer: A
Explanation: Affirmative action refers to steps that are taken by companies for the purpose of eliminating the present effects of past discrimination.


Q) Which of the following is responsible for implementing Johnson administration Executive Orders 11246 and 11375?
A) Equal Employment Opportunity Commission
B) Pension Benefits Guarantee Corporation
C) Occupational Safety and Health Administration
D) Office of Federal Contract Compliance Programs
Answer: D
Explanation: The Johnson administration (1963-1969) issued Executive Orders 11246 and 11375 which didn't just ban discrimination but also required that government contractors with contracts of over $50,000 and 50 or more employees take affirmative action to ensure employment opportunity for those who may have suffered past discrimination. These orders established the Office of Federal Contract Compliance Programs (OFCCP) to implement the orders and ensure compliance.


Q) Which of the following factors is NOT an acceptable basis for different pay for equal work under the Equal Pay Act of 1963?
A) gender
B) seniority
C) production quality
D) production quantity
Answer: A
Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Pay differences derived from seniority systems, merit systems, and systems that measure earnings by production quantity or quality or from any factor other than sex do not violate the act.


Q) Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely intended to protect Paul from discrimination?
A) Executive Order 11375
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967
Answer: D
Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age.


Q) According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________.
A) sue an employer for age-based pay
B) require employees to retire at age 65
C) allow juries to determine age discrimination
D) institute a minimum age for employees
Answer: B
Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Subsequent amendments eliminated the age cap, effectively ending most mandatory retirement at age 65.


Q) The ________ requires certain federal contractors to take affirmative action for disabled persons.
A) Equal Pay Act
B) Vocational Rehabilitation Act
C) Age Discrimination in Employment Act
D) Civil Rights Act
Answer: B
Explanation: The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. It does not require hiring unqualified people.


Here is the formatted version of your MCQs with the sequence numbers replaced by "Q)":


Q) Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection and record keeping?
A) job specifications
B) employment metrics
C) process charts
D) uniform guidelines

Answer: D
Explanation: Uniform guidelines are issued by federal agencies charged with ensuring compliance with equal employment federal legislation, explaining recommended employer procedures for complying with the law. They set forth "highly recommended" procedures regarding things like employee selection and record keeping.


Q) Which of the following does NOT participate in the issuance of uniform guidelines?
A) Department of Labor
B) Better Business Bureau
C) Department of Justice
D) Civil Service Commission

Answer: B
Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth "highly recommended" procedures regarding things like employee selection and record keeping.


Q) Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________.
A) employee selection
B) record keeping
C) sexual harassment
D) psychological testing

Answer: D
Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth "highly recommended" procedures regarding things like employee selection and record keeping. The American Psychological Association has its own non-legally binding Standards for Educational and Psychological Testing.


Q) Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws?
A) Brown v. Board of Education
B) Griggs v. Duke Power Company
C) West Coast Hotel Co. v. Parrish
D) Abington School District v. Schempp

Answer: B
Explanation: Griggs v. Duke Power Company was a landmark Supreme Court case used to define unfair discrimination as put forth in EEO laws such as Title VII. The Court ruled that employment practices must be job related and that discrimination does not have to be overt to be illegal.


Q) In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because ________.
A) high school diplomas were not related to success as a coal handler
B) Duke Power Company intentionally discriminated based on race
C) no business necessity existed for Duke Power Company
D) Title VII forbids job testing

Answer: A
Explanation: The Court ruled in favor of Griggs because having a high school diploma was not relevant to the job of coal handler. The Court held that an employment practice must be job related if it has an unequal impact on members of a protected class.


Q) If a person is in a protected class, he or she is protected by which of the following?
A) Department of Labor guidelines
B) Sarbanes-Oxley Act
C) Title VII of the Civil Rights Act
D) Consumer Protection Act

Answer: C
Explanation: The term protected class refers to persons such as minorities and women who are protected by equal opportunity laws, including Title VII.


Q) All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________.
A) burden of proof is on the employer
B) performance standards should be unambiguous
C) business necessity is a defense for an existing program
D) discrimination does not have to be overt to be illegal

Answer: B
Explanation: The Court ruled in Griggs v. Duke Power Company that the burden of proof is on the employer to show that a hiring practice such as testing is job related. The Court also ruled that business necessity is the defense for any existing program that has adverse impact and that discrimination does not have to be overt to be illegal. The case did not address performance standards.


Q) Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact.
A) occupational qualification
B) business necessity
C) affirmative action
D) burden of proof

Answer: B
Explanation: Business necessity is the defense for any existing program that has adverse impact according to Griggs. The court did not define business necessity.


Q) Which court case provided details regarding how employers could validate the relationship between screening tools and job performance?
A) Oncale v. Sundowner Offshore Services Inc.
B) Albemarle Paper Company v. Moody
C) Griggs v. Duke Power Company
D) Burlington Industries v. Ellerth

Answer: B
Explanation: In the Albemarle case, the Court provided more details on how employers could prove that tests or other screening tools relate to job performance. For example, the Court said that if an employer wants to test candidates for a job, then the employer should first clearly document and understand the job's duties and responsibilities.


Q) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a Jill, who is a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker, John. Jill claims that Sanders' management condoned a hostile work environment and that the company is liable for the actions of John. All of the following are most likely relevant questions to address in this court case EXCEPT ________.
A) Does Sanders have a record of employees who claim disparate treatment in the workplace?
B) Did Sanders take reasonable care to prevent sexual harassment in the workplace?
C) Does Sanders have a policy statement regarding sexual harassment?
D) Did Jill take advantage of any corrective opportunities provided by the employer?

Answer: A
Explanation: Disparate treatment relates to intentional discrimination, which is not directly important in this case. Firms decrease their liability in sexual harassment cases if they show that they have taken reasonable care to prevent sexual harassment through various actions, such as issuing a policy statement. Whether the co-worker is a U.S. citizen and Sanders is a U.S. entity are important in determining whether EEO laws are applicable.


Q) The 13th Amendment to the U.S. Constitution states, "no person shall be deprived of life, liberty, or property, without due process of the law."
Answer: FALSE
Explanation: The 13th Amendment outlawed slavery. The Fifth Amendment states that "no person shall be deprived of life, liberty, or property, without due process of the law."


Q) The 14th Amendment to the U.S. Constitution led to the establishment of the EEOC.
Answer: FALSE
Explanation: Title VII of the 1964 Civil Rights Act established the Equal Employment Opportunity Commission to administer and enforce the Civil Rights law at work.


Q) Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public employers or private employers of 15 or more persons.
Answer: TRUE
Explanation: Title VII bars discrimination on the part of most employers, including all public or private employers of 15 or more persons, all private and public educational institutions, the federal government, and state and local governments.


Q) The EEOC receives and investigates job discrimination complaints from aggrieved individuals.
Answer: TRUE
Explanation: The Equal Employment Opportunity Commission receives and investigates job discrimination complaints from aggrieved individuals. When the EEOC finds reasonable cause that the charges are justified, it attempts (through conciliation) to reach an agreement. If this fails, it can go to court.


Q) Only an aggrieved individual can file job discrimination charges against a business.
Answer: FALSE
Explanation: The EEOC may file discrimination charges on behalf of aggrieved individuals, or the individuals may file on behalf of themselves.


Q) The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate against employees of federal, state, and local agencies who are between 40 and 65 years of age; however, the law does not apply to private businesses.
Answer: FALSE
Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. ADEA applies to all employers, not just government agencies.


Q) The Supreme Court has held that an employee who is over 40 may sue for discrimination if he or she is replaced by a "significantly younger" employee, even if the replacement is also over 40.
Answer: TRUE
Explanation: You can't get around the ADEA by replacing employees over 40 years of age with those who are also over 40. In O'Connor v. Consolidated Coin Caterers Corp., the U.S. Supreme Court held that an employee who is over 40 years of age might sue for discrimination if a "significantly younger" employee replaces him or her, even if the replacement is also over 40. The Court didn't specify what "significantly younger" meant, but O'Connor had been replaced by someone 16 years younger.


Q) If a business offers its employees disability coverage, then pregnancy and childbirth must be treated like any other disability and included in the plan as a covered condition.
Answer: TRUE
Explanation: The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth, or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in any term or condition of employment. Furthermore, under the act, if an employer offers its employees disability coverage, then it must treat pregnancy and childbirth like any other disability and include it in the plan as a covered condition.


Q) Title VII forbids all testing of job applicants because testing systematically discriminates against certain protected classes.
Answer: FALSE
Explanation: The Supreme Court ruled that an employment practice, such as testing, must be job related if it has an unequal impact on members of a protected class. Title VII does not forbid testing or screening job applicants but it requires that the test/screen is relevant to performing the job.


Q) What is the significance of Title VII? What has been the effect of Title VII on the modern workforce and diversity management?
Answer: Title VII bars discrimination on the part of most employers, including all public or private employers of 15 or more persons. It also covers all private and public educational institutions, the federal government, and state and local governments. It bars public and private employment agencies from failing or refusing to refer for employment any individual because of race, color, religion, sex, or national origin. Title VII also established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The changes brought about by Title VII as well as demographic changes and globalization have altered the modern workforce. White males no longer dominate the labor force, and women and minorities represent the lion's share of labor force growth over the near future. Furthermore, globalization requires employers to hire minority members with the appropriate cultural and language competencies to deal with customers abroad. Managing diversity means maximizing diversity's potential benefits (greater cultural awareness, and broader language competencies, for instance) while minimizing the potential barriers (such as prejudices and bias) that can undermine the company's performance. Legally, compulsory actions can reduce some blatant diversity barriers; taking a diverse workforce and blending it into a close-knit and productive one requires more.


Q) What were the three crucial guidelines affecting equal employment legislation that Chief Justice Burger identified in his written opinion on Griggs v. Duke Power Company?
Answer: First, discrimination by the employer need not be overt. The employer does not have to be shown to have intentionally discriminated against the employee or applicant. It need only show that discrimination did take place. Second, an employment practice must be job related if it has an unequal impact on members of a protected class. Third, the burden of proof is on the employer to show that the hiring practice is job related.


Q) Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related?
A) employee
B) employer
C) judge
D) EEOC

Answer: B
Explanation: According to the Civil Rights Act of 1991, once an aggrieved applicant or employee demonstrates that an employment practice (such as "must lift 100 pounds") has a disparate (or "adverse") impact on a particular group, then the burden of proof shifts to the employer, who must show that the challenged practice is job related.


Q) According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for all of the following EXCEPT ________.
A) back pay
B) job reinstatement
C) compensatory damages
D) substantive consolidation

Answer: D
Explanation: According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for back pay, attorneys' fees, court costs, job reinstatement, punitive damages, and compensatory damages. Substantive consolidation is a legal term referring to debt consolidation.

Q) Race, color, religion, sex, or national origin is a motivating factor in a particular termination case, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation?
A) mixed motive
B) disparate impact
C) liability defense
D) burden of proof
Answer: A
Explanation: A) An unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. Some employers in so-called "mixed motive" cases had taken the position that even though their actions were discriminatory, other factors like the employee's dubious behavior made the job action acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken the same action—such as terminating someone—even without the discriminatory motive.


Q) Which of the following requires employers to make reasonable accommodations for disabled employees?
A) Civil Rights Act of 1991
B) Americans with Disabilities Act of 1990
C) Equal Pay Act
D) Disability Discrimination in Employment Act of 1967
Answer: B
Explanation: B) The Americans with Disabilities Act (ADA) of 1990 prohibits employment discrimination against qualified disabled individuals. It also says employers must make "reasonable accommodations" for physical or mental limitations unless doing so imposes an "undue hardship" on the business.


Q) According to the Americans with Disabilities Act, which of the following would NOT be considered a disability?
A) cosmetic disfigurement
B) anatomical loss
C) pyromania
D) physiological disorder
Answer: C
Explanation: C) The ADA specifies conditions that it does not regard as disabilities, including homosexuality, compulsive gambling, pyromania, and certain disorders resulting from the current illegal use of drugs.


Q) Which type of disability accounts for the greatest number of ADA claims?
A) drug-related
B) mental
C) vision
D) hearing
Answer: B
Explanation: B) Mental disabilities account for the greatest number of ADA claims. Under EEOC ADA guidelines, "mental impairment" includes "any mental or psychological disorder, such as . . . emotional or mental illness."


Q) Under ADA, those who can carry out the essential functions of the job are known as which of the following?
A) protected class
B) career anchors
C) staff authorities
D) qualified individuals
Answer: D
Explanation: D) The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. The individual must have the requisite skills, educational background, and experience to do the job.


Q) An employer that uses a screen-reading program to meet the needs of a blind employee is most likely ________.
A) making a reasonable accommodation
B) fulfilling job analysis requirements
C) identifying essential job functions
D) complying with Title VII rules
Answer: A
Explanation: A) If an employee can't perform the job as currently structured, the employer must make a "reasonable accommodation" unless doing so would present an "undue hardship." Reasonable accommodation might include modifying work schedules, or acquiring equipment or other devices (such as screen-reading programs) to assist the person.


Q) Which of the following best explains why employers win the majority of ADA cases?
A) Employers make the necessary reasonable accommodations for employees.
B) Employees fail to prove that their disabilities affect daily living activities.
C) Conservative judges are sympathetic towards most small-business owners.
D) Employee attorneys fail to draw connections between Title VII and ADA.
Answer: B
Explanation: B) Employers traditionally prevailed in almost all—96%—federal circuit court ADA decisions. The U.S. Supreme Court has ruled that a disability must be central to the employee's daily living (not just job).


Q) Which of the following will be the most likely result of the ADA Amendments Act of 2008?
A) Employees will find it easier to prove that their disabilities are limiting.
B) The number of major life activities considered disabilities will be narrowed.
C) Employers will be required to make fewer accommodations for workers with disabilities.
D) Employers will be required to hire a specific percentage of disabled workers to be in compliance.
Answer: A
Explanation: A) The new ADAA's basic effect will be to make it much easier for employees to show that their disabilities are influencing one of their "major life activities," such as reading and thinking.


Q) In which of the following situations does sexual harassment NOT violate Title VII?
A) if the conduct substantially interferes with a person's work performance
B) if the conduct creates an intimidating work environment
C) if the conduct is completely consensual
D) if the conduct creates an offensive work environment
Answer: C
Explanation: C) Under Title VII, sexual harassment generally refers to harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment. Consensual sexual interactions may not violate Title VII.


Q) The ________ provides that a person who commits a crime of violence motivated by gender that deprives another of rights shall be liable to the party injured.
A) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) Pregnancy Discrimination Act
D) Vocational Rehabilitation Act of 1973
Answer: B
Explanation: B) The Federal Violence Against Women Act of 1994 provides that a person who commits a crime of violence motivated by gender and thus deprives another of rights shall be liable to the party injured. The law offers an additional path women can use to seek relief for violent sexual harassment.



Q) Race, color, religion, sex, or national origin is a motivating factor in a particular termination case, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation?
A) mixed motive
B) disparate impact
C) liability defense
D) burden of proof
Answer: A
Explanation: A) An unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. Some employers in so-called "mixed motive" cases had taken the position that even though their actions were discriminatory, other factors like the employee's dubious behavior made the job action acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken the same action—such as terminating someone—even without the discriminatory motive.


Q) Which of the following requires employers to make reasonable accommodations for disabled employees?
A) Civil Rights Act of 1991
B) Americans with Disabilities Act of 1990
C) Equal Pay Act
D) Disability Discrimination in Employment Act of 1967
Answer: B
Explanation: B) The Americans with Disabilities Act (ADA) of 1990 prohibits employment discrimination against qualified disabled individuals. It also says employers must make "reasonable accommodations" for physical or mental limitations unless doing so imposes an "undue hardship" on the business.


Q) According to the Americans with Disabilities Act, which of the following would NOT be considered a disability?
A) cosmetic disfigurement
B) anatomical loss
C) pyromania
D) physiological disorder
Answer: C
Explanation: C) The ADA specifies conditions that it does not regard as disabilities, including homosexuality, compulsive gambling, pyromania, and certain disorders resulting from the current illegal use of drugs.


Q) Which type of disability accounts for the greatest number of ADA claims?
A) drug-related
B) mental
C) vision
D) hearing
Answer: B
Explanation: B) Mental disabilities account for the greatest number of ADA claims. Under EEOC ADA guidelines, "mental impairment" includes "any mental or psychological disorder, such as . . . emotional or mental illness."


Q) Under ADA, those who can carry out the essential functions of the job are known as which of the following?
A) protected class
B) career anchors
C) staff authorities
D) qualified individuals
Answer: D
Explanation: D) The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. The individual must have the requisite skills, educational background, and experience to do the job.


Q) An employer that uses a screen-reading program to meet the needs of a blind employee is most likely ________.
A) making a reasonable accommodation
B) fulfilling job analysis requirements
C) identifying essential job functions
D) complying with Title VII rules
Answer: A
Explanation: A) If an employee can't perform the job as currently structured, the employer must make a "reasonable accommodation" unless doing so would present an "undue hardship." Reasonable accommodation might include modifying work schedules, or acquiring equipment or other devices (such as screen-reading programs) to assist the person.


Q) Which of the following best explains why employers win the majority of ADA cases?
A) Employers make the necessary reasonable accommodations for employees.
B) Employees fail to prove that their disabilities affect daily living activities.
C) Conservative judges are sympathetic towards most small-business owners.
D) Employee attorneys fail to draw connections between Title VII and ADA.
Answer: B
Explanation: B) Employers traditionally prevailed in almost all—96%—federal circuit court ADA decisions. The U.S. Supreme Court has ruled that a disability must be central to the employee's daily living (not just job).


Q) Which of the following will be the most likely result of the ADA Amendments Act of 2008?
A) Employees will find it easier to prove that their disabilities are limiting.
B) The number of major life activities considered disabilities will be narrowed.
C) Employers will be required to make fewer accommodations for workers with disabilities.
D) Employers will be required to hire a specific percentage of disabled workers to be in compliance.
Answer: A
Explanation: A) The new ADAA's basic effect will be to make it much easier for employees to show that their disabilities are influencing one of their "major life activities," such as reading and thinking.


Q) In which of the following situations does sexual harassment NOT violate Title VII?
A) if the conduct substantially interferes with a person's work performance
B) if the conduct creates an intimidating work environment
C) if the conduct is completely consensual
D) if the conduct creates an offensive work environment
Answer: C
Explanation: C) Under Title VII, sexual harassment generally refers to harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment. Consensual sexual interactions may not violate Title VII.


Q) The ________ provides that a person who commits a crime of violence motivated by gender that deprives another of rights shall be liable to the party injured.
A) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) Pregnancy Discrimination Act
D) Vocational Rehabilitation Act of 1973
Answer: B
Explanation: B) The Federal Violence Against Women Act of 1994 provides that a person who commits a crime of violence motivated by gender and thus deprives another of rights shall be liable to the party injured. The law offers an additional path women can use to seek relief for violent sexual harassment.


Q) Which of the following is NOT a form of sexual harassment according to EEOC guidelines?
A) unwelcome sexual advances that create an intimidating work environment
B) verbal conduct of a sexual nature that unreasonably interferes with work performance
C) physical conduct of a sexual nature that creates an offensive work environment
D) mutually consensual physical conduct of a sexual nature between co-workers
Answer: D
Explanation: D) EEOC guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment or interferes with work performance. Requests for sexual favors that are used as the basis for employment decisions are also considered sexual harassment. Consensual sex between co-workers is not considered sexual harassment.


Q) Which of the following is considered a form of prohibited discrimination under the Civil Rights Act of 1964?
A) discrimination based on national origin
B) discrimination based on seniority
C) discrimination based on citizenship
D) discrimination based on education level
Answer: A
Explanation: A) The Civil Rights Act of 1964, specifically Title VII, prohibits discrimination in employment based on race, color, religion, sex, or national origin. Discrimination based on seniority, citizenship, or education level is not addressed in Title VII.


Q) In which of the following scenarios would an employer be MOST likely to be liable under the Civil Rights Act of 1991?
A) The employer terminates an employee after the employee files a discrimination complaint.
B) The employer reassigns an employee to a different position for better job performance.
C) The employer offers a promotion to an employee based on seniority.
D) The employer provides an employee with professional development training.
Answer: A
Explanation: A) The Civil Rights Act of 1991 protects against retaliation for participating in an investigation or filing a discrimination complaint. If an employer retaliates by terminating the employee, they are likely to be found in violation of the Act.


Q) Under the Equal Pay Act, which of the following is NOT a permissible reason for paying different wages to employees of different sexes for the same work?
A) seniority
B) merit
C) education level
D) quantity or quality of work
Answer: C
Explanation: C) The Equal Pay Act requires that employees be paid equally for equal work, regardless of sex, unless differences in pay are based on seniority, merit, or quantity or quality of work. Pay differences based solely on education level do not justify unequal pay for the same work.


Q) Which of the following describes the primary objective of the Family and Medical Leave Act (FMLA)?
A) To provide paid leave for employees with newborn children
B) To provide job protection for employees who need to take unpaid leave for certain family and medical reasons
C) To ensure that employees receive paid sick leave
D) To provide a financial safety net for employees during medical leave
Answer: B
Explanation: B) The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, such as caring for a newborn or addressing serious health conditions. It does not mandate paid leave, but protects employees' jobs during their time off.


Q) Which of the following is an example of disparate treatment under Title VII of the Civil Rights Act of 1964?
A) A company applies the same hiring standards to all applicants but has a higher rate of failure among minority candidates.
B) An employer fires an employee because of their race, even though the employee meets the job requirements.
C) A company implements a hiring test that has no significant impact on different demographic groups.
D) An employer fails to provide adequate workplace accommodations for disabled employees.
Answer: B
Explanation: B) Disparate treatment refers to intentional discrimination against an individual or group based on a protected characteristic, such as race, color, religion, sex, or national origin. Firing an employee because of their race, despite meeting job requirements, constitutes disparate treatment.


Q) Which of the following is true regarding affirmative action programs?
A) Affirmative action programs require employers to hire unqualified individuals to meet diversity quotas.
B) Affirmative action programs are mandatory for all private sector employers.
C) Affirmative action programs are designed to correct the effects of past discrimination by providing opportunities to underrepresented groups.
D) Affirmative action programs can be implemented only in public sector organizations.
Answer: C
Explanation: C) Affirmative action programs are designed to address past discrimination by encouraging the recruitment, hiring, and promotion of individuals from underrepresented groups. They do not require employers to hire unqualified individuals but may provide a focus on diversity and equality.


Q) Under the Age Discrimination in Employment Act (ADEA), which of the following would NOT be considered discriminatory?
A) refusing to hire someone because of their age, if they are over 40
B) offering different retirement benefits based on age
C) providing seniority-based promotions to employees
D) terminating an employee for job performance regardless of age
Answer: D
Explanation: D) The Age Discrimination in Employment Act (ADEA) protects employees 40 years and older from age-based discrimination. Terminating an employee for job performance, regardless of age, does not violate the ADEA unless age is a factor in the decision.


Q) Which of the following is a required action under Title I of the Americans with Disabilities Act (ADA)?
A) Employers must provide accommodations only if the employee requests them in writing.
B) Employers must engage in an interactive process to determine the reasonable accommodation needs of employees with disabilities.
C) Employers must automatically offer accommodations to all employees with disabilities.
D) Employers must provide accommodations only for physical disabilities.
Answer: B
Explanation: B) Under Title I of the ADA, employers are required to engage in an interactive process with employees who have disabilities to determine appropriate reasonable accommodations that will enable them to perform their job duties. The employer is not required to automatically offer accommodations but must actively assess the needs.


Q) Which of the following is an example of reasonable accommodation under the Americans with Disabilities Act (ADA)?
A) Hiring a temporary worker for an employee who is absent for medical treatment.
B) Allowing an employee to work from home when their disability prevents them from coming to the office.
C) Providing a salary increase to an employee with a disability.
D) Offering the same training to all employees, regardless of ability.
Answer: B
Explanation: B) Reasonable accommodation under the ADA may involve modifying work arrangements, such as allowing an employee to work from home if their disability prevents them from performing their duties at the workplace. It does not require salary increases or uniform training for all employees.



Q) Which of the following is NOT a prohibited ground of discrimination under Title VII of the Civil Rights Act of 1964?
A) Race
B) Gender
C) Sexual orientation
D) National origin
Answer: C
Explanation: C) Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin. Sexual orientation was not explicitly included until later court rulings (Bostock v. Clayton County, 2020), but was not originally a prohibited ground under Title VII.


Q) Which of the following is an example of indirect discrimination under the Equal Employment Opportunity (EEO) law?
A) Firing an employee due to their race
B) Using a hiring test that disadvantages a particular gender or ethnic group
C) Discriminating against employees who are pregnant
D) Offering a promotion to an employee based on merit
Answer: B
Explanation: B) Indirect discrimination occurs when a policy, practice, or rule that applies to all employees disproportionately disadvantages a particular group. For example, a hiring test that disadvantages a certain gender or ethnic group, even if it is applied equally to all, is considered indirect discrimination.


Q) Which of the following statements about the Genetic Information Nondiscrimination Act (GINA) is true?
A) GINA allows employers to collect genetic information for hiring purposes.
B) GINA prohibits employers from using genetic information for employment decisions, such as hiring, firing, or promotions.
C) GINA applies only to private sector employers.
D) GINA allows insurance companies to request genetic information to determine coverage eligibility.
Answer: B
Explanation: B) The Genetic Information Nondiscrimination Act (GINA) prohibits employers from using genetic information to make decisions related to hiring, firing, or promotions. GINA also protects against discrimination in health insurance based on genetic information.


Q) Under the Fair Labor Standards Act (FLSA), which of the following employees is most likely to be exempt from overtime pay?
A) A retail worker earning minimum wage
B) A salaried administrative employee with decision-making authority
C) A factory worker on hourly wages
D) A part-time employee working less than 20 hours per week
Answer: B
Explanation: B) Under the Fair Labor Standards Act, employees who meet certain criteria, such as being salaried and performing executive, administrative, or professional duties, may be exempt from overtime pay. Retail workers, factory workers, and part-time employees are generally entitled to overtime pay.


Q) According to the Occupational Safety and Health Act (OSHA), which of the following is an employer's responsibility?
A) To provide a workplace free from recognized hazards that could cause harm to employees
B) To ensure all employees are physically fit for the job
C) To provide personal protective equipment to employees without exception
D) To notify the government every time an employee gets injured at work
Answer: A
Explanation: A) Under OSHA, employers are required to provide a workplace free from recognized hazards that could cause injury or illness. Employers are also obligated to maintain safety standards, but they are not required to ensure employees are physically fit or provide personal protective equipment in every situation unless specified by OSHA standards.


Q) Under the Civil Rights Act of 1991, which of the following is a major change from the original Civil Rights Act of 1964?
A) Employers can no longer set hiring criteria based on race or gender.
B) Employees may receive compensatory and punitive damages for discrimination claims.
C) All companies are required to implement affirmative action programs.
D) Religious organizations are now subject to the same non-discrimination rules.
Answer: B
Explanation: B) The Civil Rights Act of 1991 allowed employees to seek compensatory and punitive damages in cases of discrimination, a change from the previous law, which primarily allowed for injunctive relief or back pay. It did not require affirmative action programs for all companies, nor did it change religious exemptions.


Q) Which of the following is a characteristic of a "hostile work environment" under Title VII of the Civil Rights Act of 1964?
A) An employee is promoted based on race.
B) An employee is harassed by a co-worker due to their gender.
C) An employee receives an equal pay raise regardless of gender.
D) An employer fires an employee for taking family leave.
Answer: B
Explanation: B) A "hostile work environment" occurs when an employee experiences harassment based on a protected characteristic (such as gender, race, etc.) that interferes with their ability to perform their job. Harassment can be from co-workers or supervisors and creates an intimidating or offensive atmosphere.


Q) What is the primary goal of the Occupational Safety and Health Administration (OSHA)?
A) To prevent workplace discrimination
B) To ensure equal employment opportunities for all workers
C) To ensure a safe and healthy working environment for employees
D) To enforce wage and hour laws
Answer: C
Explanation: C) The primary goal of OSHA is to ensure that employers provide a safe and healthy working environment for employees, free from recognized hazards that could cause harm. OSHA enforces safety standards, but does not deal with discrimination, equal opportunity, or wage issues.


Q) Under the Family and Medical Leave Act (FMLA), which of the following is true about employee eligibility for leave?
A) Employees must have worked for at least 12 months and 1,250 hours in the past year.
B) Employees are eligible for FMLA leave immediately upon hire.
C) Only full-time employees are eligible for FMLA leave.
D) Part-time employees are not eligible for FMLA leave under any circumstances.
Answer: A
Explanation: A) To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months and at least 1,250 hours during the previous 12 months. Both full-time and part-time employees can be eligible, as long as they meet the work requirements.


Q) Which of the following is NOT considered a form of discrimination prohibited by the Americans with Disabilities Act (ADA)?
A) Refusing to provide reasonable accommodations for an employee with a disability
B) Failing to hire a qualified individual because they have a disability, despite their ability to perform the essential functions of the job
C) Offering a promotion to an employee with a disability over a more qualified candidate without a disability
D) Terminating an employee solely due to their disability, even if it is unrelated to job performance
Answer: C
Explanation: C) The ADA does not require that individuals with disabilities be given promotions over more qualified candidates without disabilities. However, it does prohibit discrimination in hiring, termination, and failure to provide reasonable accommodations.



Q) What steps can an employee take to address the problem of sexual harassment in the workplace?
Answer: Employees can take the following 5 steps:

  1. Verbal protest
  2. Write a letter to the accused
  3. File verbal and written report
  4. File claim at local EEOC
  5. Consult an attorney.

Q) ________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.
A) Disparate impact
B) Disparate treatment
C) Adverse impact
D) Prima facie
Answer: B
Explanation: B) Disparate treatment means intentional discrimination and "exists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group."


Q) Which of the following refers to the overall effect of employer practices that result in significantly higher percentages of members of protected groups being rejected for employment, placement, or promotion?
A) Disparate treatment
B) Disparate impact
C) Adverse impact
D) Prima facie
Answer: C
Explanation: C) Adverse impact is the overall effect of employer practices that result in significantly higher percentages of members of protected groups being rejected for employment, placement, or promotion.


Q) All of the following are ways that an employee or job applicant can show adverse impact EXCEPT ________.
A) Comparing disparate rejection rates
B) Holding a fact-finding conference
C) Utilizing population comparisons
D) Using the standard deviation rule
Answer: B
Explanation: B) The EEOC investigates charges of discrimination and frequently holds fact-finding conferences, so this would not be an option for employees or job applicants. Comparing disparate rejection rates, making population comparisons, and using the standard deviation rule are methods available to employees and applicants trying to show that an employer's procedures have an adverse effect on a protected group.


Q) Which of the following is used by lawyers in disparate impact cases to show intentional disparate treatment?
A) Disparate rejection rates
B) Restricted policy approach
C) Population comparisons
D) McDonnell-Douglas test
Answer: D
Explanation: D) Lawyers in disparate impact cases use disparate rejection rates, restricted policy approaches, and population comparisons to test whether an employer's policies or actions have the effect of unintentionally screening out disproportionate numbers of women or minorities. Lawyers use the McDonnell-Douglas test for showing (intentional) disparate treatment, rather than (unintentional) disparate impact.


Q) The formula used by federal agencies to determine disparate rejection rates is based on a selection rate for any racial, ethnic, or sex group less than ________ percent of the rate for the group with the highest rate.
A) 40
B) 60
C) 80
D) 100
Answer: C
Explanation: C) Federal agencies use a "4/5ths rule" to assess disparate rejection rates: "A selection rate for any racial, ethnic, or sex group which is less than four-fifths or 80% of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded as evidence of adverse impact."


Q) Which of the following tests for adverse impact involves demonstrating that the employer's policy either intentionally or unintentionally excludes members of a protected group?
A) McDonnell-Douglas test
B) BFOQ approach
C) Systemic method
D) Restricted policy
Answer: D
Explanation: D) The restricted policy approach means demonstrating that the employer's policy intentionally or unintentionally excluded members of a protected group.


Q) Which of the following involves comparing the percentage of the minority/protected group and white workers in an organization with the percentage of the corresponding group in the labor market?
A) Personnel population comparison approach
B) Restricted policy comparison method
C) Population comparisons approach
D) McDonnell-Douglas test
Answer: C
Explanation: C) This approach compares (1) the percentage of minority/protected group and white workers in the organization with (2) the percentage of the corresponding group in the labor market.


Q) Which law allows an employer to claim that an employment practice is a bona fide occupational qualification for performing the job?
A) Title VII of the 1964 Civil Rights Act
B) Vocational Rehabilitation Act of 1973
C) Genetic Information Nondiscrimination Act of 2008
D) 1972 Equal Opportunity Act
Answer: A
Explanation: A) An employer can claim that the employment practice is a bona fide occupational qualification (BFOQ) for performing the job according to Title VII. Title VII provides that "it should not be an unlawful employment practice for an employer to hire an employee . . . on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise."


Q) Employers primarily use bona fide occupational qualification (BFOQ) as a defense against charges of discrimination based on ________.
A) Religion
B) Age
C) Gender
D) Nationality
Answer: B
Explanation: B) Employers use BFOQ mostly as a defense against charges of intentional discrimination based on age. However, Title VII provides that "it should not be an unlawful employment practice for an employer to hire an employee . . . on the basis of religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise."


Q) In which of the following jobs would gender most likely be appropriate to use as a BFOQ?
A) Fire fighter in a metropolitan fire department
B) Prison guard at a federal penitentiary
C) Teacher at a private, all-girls school
D) Actor in a toothpaste commercial
Answer: D
Explanation: D) Gender may be a BFOQ for positions like actor, model, and restroom attendant requiring physical characteristics possessed by one sex. However, for most jobs today, it's difficult to claim that gender is a BFOQ.


Q) Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear. The studio is using ________ as a justification for not considering women for the jobs.
A) BARS
B) ADEA
C) EEOC
D) BFOQ
Answer: D
Explanation: D) An employer can claim that the employment practice is a bona fide occupational qualification (BFOQ) for performing the job. In this case, a specific gender is necessary for the job.


Q) Which defense requires showing that there is an overriding company-related purpose for a discriminatory practice and that the practice is therefore acceptable?
A) Prima facie
B) Business necessity
C) Adverse impact
D) Mixed motive
Answer: B
Explanation: B) "Business necessity" is a defense created by the courts that requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable. It's not easy to prove business necessity because the Supreme Court made it clear that business necessity does not encompass such matters as avoiding an employer inconvenience, annoyance, or expense.


Q) The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months. In addition, applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane. A four-year college degree is also required. Jeff Sanchez, who is Hispanic, applied for a position as a pilot and was rejected because he has a degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western Airlines for discriminatory hiring practices.
Which of the following, if true, best supports Western Airlines' defense?
A) At Western Airlines, turnover is high among minority employees working as pilots and flight attendants.
B) Recent experiences with college recruiting have led Western Airlines to increase the percentage of its minority pilots.
C) The total number of hours spent flying a commercial airline is a valid predictor of performance for most Western Airlines pilots.
D) Western Airlines bases its selection tests and hiring practices on industry guidelines for commercial pilots.
Answer: C
Explanation: C) Western Airlines' best defense involves proving that its selection tests or other employment practices are valid predictors of performance on the job. Where the employer can establish such validity, the courts have generally supported using the test or other employment practice as a business necessity. In this example, the number of flight hours is a predictor of job performance. Turnover, recruiting, and industry guidelines are less important factors.


Q) The application requirements for Western Airlines pilot positions require candidates to have logged at least 200 hours piloting an aircraft within the previous 36 months. In addition, applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the commanding pilot of a commercial airplane. A four-year college degree is also required. Wallace Roberts, who is African-American, applied for a position as a pilot and was rejected because he has a degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western Airlines for discriminatory hiring practices.
Which of the following statements is most likely relevant to this court case against Western Airlines?
A) Most pilots at Western Airlines belong to labor unions and are involved in collective bargaining arrangements detrimental to the industry.
B) The job requirements for pilots at Western Airlines are a business necessity due to the human risks associated with hiring unqualified applicants.
C) The Age Discrimination in Employment Act prevents firms, such as Western Airlines, from discriminating when age is a BFOQ.
D) As a global firm, Western Airlines can easily establish a prima facie case of discrimination based on race.
Answer: B
Explanation: B) Commercial pilots put passengers at risk if they are unqualified, so it is a business necessity for Western Airlines to have what may be discriminatory hiring practices. In this example, the job requires a high degree of skill, and the economic and human risks of hiring an unqualified applicant are great.


Q) All of the following recruitment practices are potentially discriminatory EXCEPT ________.
A) Spreading information about job openings through word-of-mouth among a firm's predominantly Hispanic workforce
B) Providing misleading information to Asian and Indian job applicants
C) Posting help wanted ads that specify young, male applicants
D) Posting job advertisements only in local newspapers
Answer: D
Explanation: D) Ads that specify age or gender may be problematic, but only posting ads in local newspapers is acceptable. Using word-of-mouth to relay information about job openings is only problematic if the workforce is mostly made up of members of a particular group. Providing misleading or false information to certain applicants is also potentially discriminatory.


Q) Which of the following is most likely an example of a discriminatory selection standard?
A) Measuring a software designer applicant's knowledge about a computer language
B) Requiring a high school teacher applicant to have a four-year college degree
C) Requiring engineer applicants to meet specific height standards
D) Asking prison guard applicants to reveal their arrest records
Answer: C
Explanation: C) It would most likely be unlawful to require engineers to meet certain height standards because height is not related to the job. If a job requires security clearance, such as a prison guard, then it is not discriminatory to ask about an applicant's arrest record. Educational requirements, physical characteristics, and knowledge are acceptable selection standards when they specifically relate to the job.


Q) Under the Civil Rights Act of 1991, disparate impact claims require proof of discriminatory intent.
Answer: FALSE
Explanation: Disparate impact means that an employer engages in an employment practice or policy that has a greater adverse impact (effect) on the members of a protected group under Title VII than on other employees, regardless of intent.


Q) The McDonnell-Douglas test is a procedure used by federal agencies to assess disparate impact.
Answer: FALSE
Explanation: Lawyers use the McDonnell-Douglas test for showing disparate treatment instead of disparate impact. The 4/5ths rule is used by federal agencies to assess disparate rejection rates.


Q) The restricted policy approach involves demonstrating that an employer's hiring practices either intentionally or unintentionally exclude members of a protected group.
Answer: TRUE
Explanation: The restricted policy approach means demonstrating that the employer's policy intentionally or unintentionally excluded members of a protected group. Here the problem is usually obvious—such as policies against hiring bartenders less than six feet tall. Evidence of restricted policies such as these is enough to prove adverse impact and to expose an employer to litigation.


Q) Shippers Express is accused of adverse impact on a protected group. Eighty percent of all male applicants are hired, but only 50% of female applicants are hired. Using the formula for disparate rejection rates, adverse impact cannot be shown.
Answer: FALSE
Explanation: A selection rate for any racial, ethnic, or sex group which is less than four-fifths or 80% of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded as evidence of adverse impact. In this example, Shippers Express hires 80% of male applicants, but only 50% of female applicants. Four-fifths of 80% would be 64%. Since 50% is less than 64%, adverse impact exists.


Q) Utilization analysis compares the percentage of minority employees at a firm with the number of similarly trained minorities available in the relevant labor market.
Answer: TRUE
Explanation: The process of comparing the percentage of minority employees in a job (or jobs) at the company with the number of similarly trained minority employees available in the relevant labor market is utilization analysis.


Q) Employers most frequently use a bona fide occupation qualification as a defense against charges of intentional discrimination based on gender compared to other protected class types.
Answer: FALSE
Explanation: In most cases, employers use BFOQ as a defense against charges of intentional discrimination based on age.


Q) The Age Discrimination in Employment Act prohibits the use of age as a BFOQ for any type of employment.
Answer: FALSE
Explanation: The Age Discrimination in Employment Act (ADE)


Q) Under no circumstances may religion be used as a bona fide occupational qualification (BFOQ).
Answer: FALSE
Explanation: Religion may be a BFOQ in religious organizations or societies that require employees to share their particular religion. For example, religion may be a BFOQ when hiring persons to teach in a religious school.


Q) Compare and contrast disparate treatment and disparate impact.
Answer: Disparate treatment means intentional discrimination. It exists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. Disparate impact means that an employer engages in an employment practice or policy that has a greater impact on the members of a protected group under Title VII than on other employees, regardless of intent. Disparate treatment requires finding intent to discriminate while disparate impact claims do not require proof of discriminatory intent.


Q) What are the methods an applicant or employee can use to show that an employer's procedures (such as a selection test) have an adverse impact on a protected group?
Answer: In practice, an applicant or employee can use one of these methods to show that one of an employer's procedures has an adverse impact on a protected group:

  1. Disparate rejection rate, which compares the rejection rates for a minority group and another group (usually the remaining nonminority applicants). Federal agencies use a 4/5ths rule to assess disparate rejection rates.
  2. The standard deviation rule, a statistical measure of variability that helps describe the difference between the numbers of minority candidates who were expected to be hired and who were actually hired, and should be less than two standard deviations.
  3. Restricted policy, which shows that the employer's policy intentionally or unintentionally excluded members of a protected group.
  4. Population comparisons method, which compares the percentage of minority/protected group and white workers in the organization with the percentage of the corresponding group in the labor market.

Q) How can managers help firms avoid claims of discrimination? What laws are especially important for managers to understand in order to avoid triggering discrimination claims?
Answer: The human resource manager plays a big role in helping the company avoid discriminatory practices, but the first-line supervisor usually triggers the problem. Managers need to understand the questions that can and cannot be asked during interviews, know what constitutes sexual harassment, and how equal employment opportunity law affects human resources decisions. First, managers should understand the Equal Pay Act of 1963, which states it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work. They should also understand the Age Discrimination in Employment Act of 1967 (ADEA), which made it unlawful to discriminate against employees or applicants aged 40 and above.


Q) What is the most common next step in the EEOC enforcement process after a person files an employment discrimination claim?
A) The EEOC either accepts or refers the charge.
B) The two parties are required to participate in mediation.
C) A commission investigates the claim in an open meeting.
D) The employer and EEOC bring a civil suit in a federal district court.
Answer: A
Explanation: After a person files an employment discrimination claim, the EEOC's common practice is to accept a charge or orally refer it to a state or local agency. An investigation, voluntary mediation, and litigation may follow.


Q) Which of the following refers to an informal meeting held early in an EEOC enforcement investigation that attempts to define issues and determine if settlement is possible?
A) Voluntary mediation
B) Fact-finding conference
C) Collective bargaining
D) Mandatory arbitration
Answer: B
Explanation: Early in the investigation, the EEOC holds an initial fact-finding conference. The EEOC calls these "informal meetings" to define issues and determine whether there's a basis for negotiation, with a focus on settlement.


Q) The EEOC describes ________ as an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination.
A) A fact-finding conference
B) Voluntary mediation
C) Mandatory arbitration
D) Alternative dispute resolution
Answer: B
Explanation: The EEOC refers about 10% of its charges to a voluntary mediation mechanism, where a neutral third party helps opposing parties reach a voluntary resolution.


Q) The first step of the EEOC enforcement process is to serve notice.
Answer: FALSE
Explanation: The first step of the EEOC enforcement process is when someone files a charge with the EEOC. Serving notice is the third step.


Q) Alternative dispute resolution is a grievance procedure that provides for non-binding arbitration in employment discrimination claims.
Answer: FALSE
Explanation: Alternative dispute resolution (ADR) programs provide binding arbitration in EEO lawsuits.


Q) A workforce comprised of two or more groups of employees with various racial, gender, cultural, handicap, age, and religious backgrounds is best described as ________.
A) Competitive
B) Ethnocentric
C) Globalized
D) Diverse
Answer: D
Explanation: Diversity means having a workforce composed of employees from varied racial, ethnic, gender, cultural, and other backgrounds.


Q) Which of the following would LEAST likely foster diversity in the workplace?
A) Changing the culture through diversity training education programs
B) Appointing a small group of minorities to high-profile positions
C) Recruiting minority members to the board of directors
D) Using metrics to evaluate diversity programs
Answer: B
Explanation: Tokenism occurs when a company appoints only a few women or minorities to high-profile positions instead of aggressively seeking full representation.


Q) In Bakke v. Regents of the University of California, which of the following claims was made by Allen Bakke?
A) Sexual harassment
B) Racial discrimination
C) Reverse discrimination
D) Affirmative action
Answer: C
Explanation: The case exemplifies reverse discrimination. Allen Bakke was denied admission to UC Davis Medical School allegedly because of the school's affirmative action quota system.


Q) Discrimination is an attitude that prejudges someone based on that person's trait.
Answer: FALSE
Explanation: Discrimination refers to taking specific actions toward or against a person based on their group, not merely an attitude.


Q) Jill and Lauren are the only women in the upper levels of management in a large multinational technology company. An organization appointing only a small group of women or minorities to high-profile positions is called tokenism.
Answer: TRUE
Explanation: Tokenism means appointing only a small group of women or minorities to prominent positions instead of striving for full representation.


Q) The tendency to view members of other social groups less favorably than one's own is called tokenism.
Answer: FALSE
Explanation: The correct term for viewing members of other groups less favorably is ethnocentrism, not tokenism.


Q) Managing diversity means maximizing diversity's potential benefits while minimizing the potential problems of diversity that can undermine a firm's performance.
Answer: TRUE
Explanation: Diversity management involves maximizing the benefits of diversity while minimizing barriers like prejudice that can hurt cooperation.

Previous Post Next Post