Chapter 3 Understanding Equal Opportunity and the Legal Environment

OBJECTIVE QUESTIONS 1. The HR department’s legal responsibilities include: a) monitoring the company’s HR decisions. b) rendering legal opinions as to the appropriateness of HR-related decisions. c) undoing any damage created by line-managers poor decisions. d) resolving problems caused by illegal or inappropriate decisions on HR-related matters. e) assisting the legal department in preventing damage to the firm due to poor management decisions. Answer: a 2. M--Recall Page: 86

Typical court awards to victims of age, sex, race, or disability range from _____ depending on size of the employer. a) $300,000 to $500,000 b) $350,000 to $400,000 c) $500,000 to $600,000 d) $50,000 to $300,000 e) $2.5 million to $10 million Answer: d E--Recall Page: 87

3.

HR legal environments are constantly changing. The court case that set the standard to place the burden of proof in employment discrimination on the company was: a) Wards Cove Packing vs. Antonio. b) Albemarle Paper Company vs. Moody. c) against the University of Massachusetts Medical Center. d) against Johnson Controls. e) Griggs vs. Duke Power. Answer: e C--Integration Page: 88

4.

Understanding the legal landscape and HR law in business is very important. Managers need to be able to: a) comply with most of the laws as they currently exist. b) have a working knowledge of the laws and know how to comply with them. c) hire full-time legal representatives. d) take classes in HR law in order to protect their companies from legal action. e) all of the above

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Answer: b

M--Integration

Page: 88

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5.

Based on Supreme Court rulings, it seems safe to say that employers may: a) make employment decisions solely on affirmative action criteria. b) not make employment decisions solely on affirmative action criteria. c) base employment decisions in part on affirmative action criteria. d) never use affirmative action criteria in layoff situations. e) always use affirmative action criteria in layoff situations. Answer: c M--Integration Page: 89

6.

What are differences that arise between ideal behavior strategy and affirmative action strategy in trying to achieve fair employment? a) Affirmative action is based on the idea that decisions regarding employment need to be based solely on the basis of criteria such as race, religion, national origin, disability, etc. Ideal behavior ignores such criteria. b) Ideal behavior strategy is based on the idea that decisions regarding employment need to be based, at least in part, on the basis of criteria such as race, religion, national origin, color, etc. Affirmative action is based solely upon these criteria. c) Affirmative action is illegal in most states, while ideal behavior strategy is legal and encouraged in all large companies. d) Affirmative action is based on the idea that decisions regarding employment need to be based, at least in part, on the basis of criteria such as, race, religion, national origin, disability, etc., while ideal behavior strategy encourages these decisions to made without consideration of these criteria. e) Ideal behavior strategy claims that, while it is ideal not to resort to illegal discrimination in employment, sometimes this behavior is necessary. Affirmative action is not illegal under any circumstance. Answer: d M--Recall Page: 89

7.

When the Americans with Disabilities Act (ADA) was first put into effect, the majority of claims filed were by: a) job applicants who had suffered discrimination. b) pregnant women who had been dismissed because of their pregnancies. c) attorneys for gay rights groups. d) current employees injured on the job. e) Asian-Americans and Hispanic-Americans. Answer: d M--Recall Page: 89

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8.

The Equal Pay Act of 1963: a) permits pay differences for quality and quantity of production. b) prohibits the use of merit pay plans. c) eliminated pay plans based on seniority. d) requires that gender be considered on compensation issues. e) has resulted in an increasing compensation gap between men and women. Answer: a M--Recall Page: 90

9.

Which of the following is a basis upon which it is permissible to pay a male employee more than a female employee doing essentially the same work? a) When the female employee is white and the male employee is Asian-American. b) When the two employees live in two separate geographical areas where the local costs of living vary greatly. c) When the male employee must commute to work and the female employee does not. d) When the female employee has children and must sometimes take unpaid leave in order to care for them. e) When the female employee has supervisory responsibility over the male employee. Answer: b C--Integration Page: 90

10.

Which of the following compensation possibilities is NOT permissible under the Equal Pay Act? a) Paying a man more than a woman when they are performing the same job in the same organization (or vice-versa). b) Adopting a merit pay plan where a man can receive more pay than a woman if his work quality is significantly better than hers (or vice-versa). c) Enforcing a seniority plan that pays a woman more per year if she has been with the company longer than a man (or vice-versa). d) Paying a male employee more than a female employee if he has more responsibility and more job duties than she does (or vice-versa). e) Paying a woman more than a man if she is living in a different geographical region in which the cost of living is considerably more than the region in which the male employee is living (or vice-versa). Answer: a M--Recall Page: 90

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11.

On average, in 1999, women earned how much for each dollar earned by men? a) $.50. b) $.64. c) $.70. d) $.77. e) $.85. Answer: d E--Recall Page: 90

12.

Dorothy discovers that her employer is paying female managers about 15% less than male managers with the same responsibilities. Dorothy’s employer is violating: a) Title VII of the Civil Rights Act. b) the Americans with Disabilities Act. c) the Civil Rights Act of 1991. d) Executive Order 11246. e) the Equal Pay Act. Answer: e E--Application Page: 90

13.

Booker International keeps employee records, including their national origin and gender, because some of their work is with overseas customers who are concerned about these issues. This practice by Booker International: a) is a clear prima facie case of discrimination. b) is a violation of the Immigration and Naturalization Act. c) represents a clear case of a BFOQ. d) is a violation of the Equal Pay Act. e) is a violation of Title VII of the Civil Rights Act of 1964. Answer: e C--Application Page: 90

14.

Title VII of the Civil Rights Act applies to labor unions, employment agencies, and employers who have at least _____ employees. a) 10 b) 15 c) 25 d) 50 e) 75 Answer: b E--Recall Page: 90

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15.

Which of the following is NOT a member of a protected class? a) Sheena Thomas, a 25-year-old African-American woman. b) Mark Chung, a 37-year-old Asian-American with a dependent child but no spouse. c) Gib Johnson, a 38-year-old Caucasian male, Persian Gulf War veteran. d) Peggy Sue Smith, a 47-year-old Caucasian female, naturalized U.S. citizen. e) All of the above are members of protected classes. Answer: c M--Application Page: 91

16.

SkySeekers, Inc. uses an employment test that seems to screen out a disproportionate number of young Asian-American women. If true, this practice would be an example of: a) the four-fifths rule. b) adverse impact. c) disparate treatment. d) unequal treatment. e) different standards for different employment groups. Answer: b C--Application Page: 91

17.

a) b) c) d) e)

Which of the following is characteristic of adverse impact? Neutral actions. Prejudiced actions. Unequal treatment. Direct discrimination. Different standards for different groups. Answer: a E--Recall Page: 92

18.

The Supreme Court case of Griggs vs. Duke Power concerned discrimination due to: a) decision rules with a racial/sexual premise or cause. b) prejudiced actions. c) different standards for different groups. d) indirect discrimination. e) unequal treatment. Answer: d C--Integration Page: 92

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19.

Cody is a middle manager with Corwell Corporation. When on a business trip with other middle managers, Cody is required to fly coach while the other managers at his same level are permitted to fly first class. Cody is Hispanic, while his boss and the other managers are black. This is: a) an example of adverse impact. b) a case of a hostile working environment. c) an example of disparate treatment. d) not illegal since all parties are members of a protected class. e) a violation of OSHA. Answer: c M--Application Page: 91

20.

B.J. is among a group of 25 applicants for a manager’s position. As part of the selection process, all applicants take an exam. It is apparent from the results that black applicants tend to score lower than any other subgroup. B.J. is black and is not selected because of his test score. B.J. may have grounds to sue due to: a) disparate treatment. b) adverse impact. c) the violation of Executive Order 11246. d) a violation of the discrimination prohibitions in the Vocational Rehabilitation Act. e) unintended consequences. Answer: b M--Application Page: 91

21.

The primary difference between disparate treatment and disparate impact, according to federal regulation, is that: a) the former is a result, the latter a consequence. Neither is illegal. b) the former is illegal, the latter is not. c) the former is legal, the latter is not. d) the former is deliberate, the latter is consequential, but both are illegal. e) none. There is no practical difference between the two. Answer: d C--Integration Page: 91

22.

The Supreme Court case, Albemarle Paper Company vs. Moody, ruled that: a) all employment interviews were illegal. b) the four-fifths rule must be applied in only selective cases of clear discrimination. c) employment tests must be valid predictors of job performance. d) disparate treatment was illegal. e) age discrimination was illegal. Answer: c M--Recall Page: 92

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23.

An employer can defend an employment practice that might otherwise be discriminatory if: a) the firm employs fewer than 100 employees. b) the company is not a federal contractor. c) the firm can demonstrate that at least four-fifths of employees are from protected classes. d) the company is foreign held and only the plant is in the United States. e) the employer can demonstrate the job-relatedness of the criteria governing the job. Answer: e E--Recall Page: 93

24.

A charter bus company requires drug tests of all its drivers prior to every charter. As a consequence of this testing, accident rates have fallen by 75%. This test seems to screen out more young minority males than any other group or protected class. This drug test: a) is an example of disparate treatment. b) is illegal because it has an adverse impact on a protected class. c) is an example of a prima facie case of discrimination based on race. d) is legally defensible as a reasonable business necessity. e) violates employees’ civil rights under the 1991 Civil Rights Act. Answer: d C--Application Page: 93

25.

Theresa Gomez has brought discrimination charges against Paper Makers, Inc. and has established a prima facie case based on the four-fifths rule. What happens next? a) Theresa must contact the EEOC for a right-to-sue letter. b) Paper Makers, Inc. must now prove that the discrimination did not occur. c) Paper Makers, Inc. must hire Theresa as evidence that discrimination does not occur in their corporation. d) Theresa must prove that she is qualified for the position and was discriminated against simply because of her gender. e) Paper Makers, Inc. must prove that it has been meeting the four-fifths rule for all other protected groups. Answer: b M--Application Page: 93

26.

Discrimination on the basis of pregnancy was explicitly prohibited by: a) the original 1964 Civil Rights Act. b) Congress in 1978, amending Title VII with the Pregnancy Act. c) the 1991 Civil Rights Act. d) the Sexual Harassment Act of 1988. e) none of the above. It is not illegal to discriminate against pregnant women. Answer: b E--Recall Page: 93

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27.

Title VII was seen as prohibiting sexual harassment as the result of: a) an EEOC interpretation of the law. b) an amendment first offered in 1978. c) a separate act, the Hostile Work Environment Act. d) Executive Order 11456. e) a Supreme Court decision in 1991. Answer: a M--Recall Page: 94

28.

During a conversation about a promotion with his boss, George is told that if he will meet her at the Slumberland Motel and spend the night with her, he will get the promotion. This is an example of: a) a hostile work environment. b) harassment. c) illegal employment discrimination. d) inappropriate conversation, but not illegal since there is no threat of coercion. e) “quid pro quo” sexual harassment. Answer: e E--Application Page: 95

29.

Collette has worked for The Creamery for 12 years. The Creamery has always been very employee-friendly and has different internal procedures for reporting EEO and related complaints. Recently, however, Collette has been facing sexual harassment from a new supervisor. She immediately files her complaint with the EEOC. It is likely that The Creamery: a) will have to pay punitive and compensatory damages. b) will have to pay only compensatory damages. c) will have a good defense as Collette did not first use internal procedures for reporting the sexual harassment. d) will have a good defense as the new supervisor may not be aware of The Creamery’s rules concerning workplace sexual harassment. e) will revise its zero-tolerance sexual harassment policy. Answer: c M--Application Page: 97

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30.

Myrna is a fifty-year-old technical professional. She has worked for her company for over 15 years. She is Serbian by birth, but looks black because of her dark pigmentation. Myrna’s new boss dislikes her for personal reasons. In meetings, he makes disparaging remarks about Serbians. In a recent argument, he cursed at her and called her an offensive name. On two occasions, he has refused to travel with her on business. What Myrna is experiencing may be classified as _______ by the EEOC. a) sexual harassment b) harassment c) quid pro quo harassment d) adverse impact e) a violation of Executive Order 11267 Answer: b C--Application Page: 95

31.

Sexual harassment: a) is experienced by 31% of women in the workplace. b) is exclusively a gender issue, as harassers are male and targets are female. c) is a male issue, as most complaints now filed are against female supervisors. d) occurs for about 15% of men in the workplace. e) is in decline due to changing attitudes and corporate training efforts. Answer: a E--Recall Page: 96

32.

If a woman has been subjected to undesirable and offensive sexual behavior by coworkers, supervisors, customers or anyone else in her work environment, she has been a victim of: a) quid pro quo sexual harassment. b) harassment. c) discrimination. d) hostile work environment sexual harassment. e) nothing, as “undesirable and offensive sexual behavior” is a strictly subjective measure. Answer: d M--Recall Page: 95

33.

In order to decide whether verbal and other nonphysical behavior of a sexual nature create a hostile work environment, which of the following need to be taken into consideration? a) The severity of the discriminatory conduct. b) Whether the conduct interferes with the employee’s work performance. c) The frequency of the discriminatory conduct. d) Whether the conduct is physically threatening or humiliating. e) All of the above Answer: e M--Recall Page: 96

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34.

The Oncale case marked what important decision regarding sexual harassment? a) Women’s sexual harassment of men can be the basis for a sexual harassment lawsuit. b) Men’s sexual harassment of women is not the basis for a sexual harassment lawsuit if the woman doesn’t report the conduct until after she is no longer an employee at the company in question. c) Same-sex harassment can be the basis for a sexual harassment lawsuit. d) If the person who feels sexually harassed does not express this to his/her harasser, in order to give the person a chance to modify his/her behavior, this discrimination cannot be the basis for a sexual harassment lawsuit. e) Same-sex harassment between women cannot be the basis for a sexual harassment lawsuit, though same-sex harassment between men can. Answer: c E--Recall Page: 96

35.

Employers who are defending themselves against sexual harassment claims must prove: a) they acted promptly to correct the sexual harassment problems that have been forwarded. b) the plaintiff did not use the internal procedures for reporting sexual harassment. c) the plaintiff encouraged the sexual harassment. d) the zero-tolerance policy leaves no room for sexual harassment. e) a and b Answer: e E--Recall Page: 97

36.

The Civil Rights Act of 1964 was comprehensively amended: a) by Executive Order 11246 in 1965. b) to extend the definition of sexual harassment to cover men. c) by the Civil Rights Act of 1991. d) to effectively reduce the employer bias that had crept into intervening Supreme Court decisions. e) to include disabilities as a criterion for a protected class. Answer: c E--Recall Page: 99

37.

The Civil Rights Act of 1991 had several important effects on Title VII, such as: a) placing the burden of proof on the employee. b) making quotas legal means to address previous discrimination. c) including people with disabilities as a protected class. d) permitting plaintiffs to collect damages as well as back pay. e) setting aside the standard of proof established in the Griggs case. Answer: d M--Recall Page: 99

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38.

The Civil Rights Act of 1991 prohibited: a) quotas. b) affirmative action plans. c) jury trials in sexual harassment suits. d) awards or damage payments. e) all of the above Answer: a E--Recall Page: 99

39.

The Wards Cove Packing Co. v. Antonio case affected discrimination suits in what way? a) It placed more of the burden of proof on the complainant. b) It emphasized the importance of bona fide occupational qualification as a defense. c) It placed more of the burden of proof on the plaintiff. d) It challenged the fairness of the four-fifths rule. e) It was the case where the difference between quid pro quo sexual harassment and hostile work environment sexual harassment was clearly defined. Answer: c M--Recall Page: 99

40.

Corrine, a woman who was found to be the victim of a civil rights violation at the hands of Layton Company collected damages from them. She received _______ damages that Layton was fined in order to compensate her for the psychological difficulties she experienced as a result of her discrimination, as well as _______ damages, which were awarded to her as a way to punish Layton company. a) punitive / compensatory b) disciplinary / compensatory c) compensatory / disciplinary d) compensatory / punitive e) restitution / punitive Answer: d M--Application Page: 99

41.

Executive Order 11246: a) was incorporated into Title VII of the Civil Rights Act of 1964. b) laid the groundwork for the eventual passage of the Americans with Disabilities Act. c) required organizations covered by Title VII to set up affirmative action programs. d) prohibited quotas. e) changed the enforcement atmosphere regarding discrimination, making it much more favorable to employers. Answer: c E--Recall Page: 99

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42.

Your company is required to abide by executive order policies when: a) the company has 50 or more employees and earns over $50,000 a year. b) the company has used quotas in the past but no longer did after the Civil Rights Act of 1991. c) the company has at least two discrimination trials pending. d) the company is a government contractor. e) b and d Answer: d M--Integration Page: 99

43.

The Age Discrimination in Employment Act of 1967 was amended in 1986 to: a) remove the upper age limit entirely. b) raise the retirement age to 70. c) exempt members of Congress from the act. d) require age quotas if there was a pattern of discrimination. e) include employers with less than 15 employees. Answer: a M--Recall Page: 100

44.

The law that prohibits employers from discriminating on the basis of age in the provision of benefits is: a) the Age Discrimination Act. b) the Older Workers Protection Act. c) the Americans with Disabilities Act. d) the 1991 Civil Rights Act. e) Executive Order 11246. Answer: b M--Recall Page: 100

45.

The ADA, Americans with Disabilities Act, now covers employees of any employer who: a) has a federal contract. b) has state or local government contracts. c) has 15 or more employees. d) has revenues of more than $500,000 a year regardless of the number of employees. e) is an academic institution. Answer: c E--Recall Page: 100

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46.

For a disabled employee to be protected by ADA: a) The disability must be due to cultural or economic disadvantage. b) The disability must impair a major life activity. c) He/she must have been employed at least 90 days by the employer prior to the appearance of the disability. d) The employer must be a federal contractor. e) The employee must be in an essential job where reasonable accommodation is not possible. Answer: b M--Recall Page: 100

47.

Tyrone is a black freelance music composer. He has not held a regular job due to mental stress since his involvement, as a reservist, in the Persian Gulf War. He is seeking a jingle-writing position with an advertising firm. While Tyrone does read and write, he composes by ear. He cannot read music, he records his songs on a tape, and his wife transcribes the recorded music into sheet music. The central requirement of this job is that the composer be able to read music, as he/she must work with client ideas and music ideas from other staff. Tyrone is not hired because he cannot read music. Has he been discriminated against under ADA? a) Yes, because a major life function is impaired and that impairment prevented him from receiving the job. b) No, because no major life activity is impaired. He can read, he just can’t read music. c) Yes, because the company could have rewritten the job description to accommodate his disability. d) No, because the requirement to read music is a secondary requirement of the job. e) Yes, because he is a disabled veteran with an impaired major life function. Answer: b C--Application Page: 100

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48.

A company needs to hire a telephone customer service representative. The job is 100% telephone contact with customers and requires the ability to speak clearly and quickly, because representatives must handle so many calls an hour. It also requires the ability to use a computer and to think and solve problems independently of supervision. Pauline applies. Bright, experienced with computers, she has a speech impediment that makes enunciation difficult and slow for her. She has an excellent track record for working unsupervised at previous jobs. She is not hired due to the speech impediment. Is this a case of discrimination under ADA? a) Yes, because she has a major life activity impairment. b) No, because the speech requirement is a marginal job duty. c) Yes, because she is disqualified solely due to the impediment. d) No, because the speech requirement is an essential task that cannot be accommodated. e) Yes, because the company must accommodate her by offering her another position not requiring the ability to enunciate clearly. Answer: d C--Application Page: 101

49.

Ralph is wheelchair-bound. After a construction injury he went to a vo-tech and learned to be a telemarketer. He has an interview for a telephone marketing position for which he is fully qualified. When he arrives, he finds the office where he is to interview is on the third floor of a building without an elevator. He calls and explains his problem but the interviewer refuses to change the appointment or location. Is this discrimination under ADA? a) No, because Ralph cannot get to the job location. b) No, because being wheelchair-bound disqualifies him from the job. c) No, because the employer didn’t know he was disabled when they arranged the first interview. d) Yes, because the employer is required to accommodate Ralph for the interview. e) No, because the company cannot reasonably accommodate Ralph by carrying him up three flights of stairs every day. Answer: d C--Application Page: 101

50.

Studies show that reasonable accommodation of disabled applicants and employees: a) is bankrupting a number of small companies. b) has added about 3% to consumer costs of goods. c) costs employers nothing in 20% of the cases. d) generally costs $5,000-$10,000. e) tends not to interfere with the work routines of other workers. Answer: c M--Integration Page: 102

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51.

The number one category of complaints filed under ADA includes: a) loss of sight. b) the inability to get to the workplace, such as climbing stairs to reach an office. c) back injuries. d) the inability to read or do math due to economic and educational disadvantages. e) drug addiction-related impairments. Answer: c E--Recall Page: 103

52.

The legislation that laid the foundation for the Americans with Disabilities Act was the: a) Vocational Rehabilitation Act. b) Civil Rights Act of 1964. c) Pregnancy Discrimination Act. d) Age Discrimination in Employment Act. e) Equal Pay Act. Answer: a E--Recall Page: 103

53.

The Vocational Rehabilitation Act of 1973 resembles Executive Order 11246 in what way? a) they both cover the same protected groups. b) they both apply to federal government employees and mandate that ideal behavior strategy be implemented in all decisions regarding employment and termination of employment. c) they both apply only to federal government employees and its contractors, and requires that covered organizations have an affirmative action plan to promote the employment of the respective protected groups. d) they both are enforced by the Equal Employment Opportunity Commission (EEOC). e) both b and d Answer: c C--Integration Page: 103

54.

The Vietnam Era Veterans Readjustment Act: a) prohibits federal contractors from discriminating against Vietnam-era veterans. b) prohibits all employers from discriminating against Vietnam-era veterans. c) added military service to the Civil Rights Act of 1964 as a criterion for protected classes. d) impacted employers with 50 or more employees. e) instituted drug testing and opened the door for later drug testing of all employees. Answer: a M--Recall Page: 103

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55.

Which branch of government is responsible for the enforcement of EEO laws? a) Judicial. b) Executive. c) Legislative. d) State government. e) a and c Answer: b M--Recall Page: 103

56.

Beau is an agent for the EEOC and he has just received a complaint filed by Samar against Universal Pharmaceuticals Corp. What is Beau’s first step in processing the complaint? a) To attempt to resolve the case through conciliation. b) To inform Samar of the intentions of Universal Pharmaceuticals Corp. regarding the complaint. c) To inform Universal Pharmaceuticals Corp. of the complaint. d) To begin an investigation of the complaint. e) To issue a right-to-sue letter to Samar . Answer: c C--Application Page: 104

57.

The number of complaints filed with the EEOC in recent years has: a) been in sharp decline. b) shifted largely from discrimination to reverse discrimination. c) shown a strong bias against women in the workplace. d) fluctuated with the state of the economy. e) increased to approximately 80,900 cases in 2001. Answer: e E--Recall Page: 104

58.

If a complaint is filed with the EEOC, and the EEOC finds no probable cause of a violation of the law: a) the EEOC initiates a conciliation process. b) the EEOC notifies the complainant, who may still file a lawsuit. c) the case is closed and the complainant has no further recourse. d) the EEOC will initiate litigation anyway. e) the case will be referred to the OFCCP. Answer: b M--Integration Page: 104

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59.

If the EEOC finds that an EEO law has been violated: a) it fines the offending company as is appropriate. b) it will contact a labor arbitrator to hear both sides and issue a ruling. c) it lobbies Congress to pass EEO legislation. d) it initiates negotiations among the parties to resolve the issue through conciliation. e) the EEO files suit in over 50% of the cases. Answer: d M--Recall Page: 104

60.

a) b) c) d) e)

Which of the following is not a principal EEOC regulation? Executive Order 11246. Sex discrimination guidelines. EEO in the federal government. Equal Pay Act interpretations. Interpretations of the Age Discrimination in Employment Act. Answer: a M--Recall Page: 105

61.

The OFCCP’s jurisdiction over discrimination issues is: a) limited to the federal government and its contractors. b) as broad as the EEOC. c) limited to cases referred to it by the EEOC. d) limited to overseas companies with U.S. operations. e) tied to affirmative action programs. Answer: a C--Integration Page: 105

62.

Kasey works for a regulatory agency and monitors several organizations in order to make sure of compliance with its regulations. In addition to this task, the agency he works for can take away government contracting privileges from any company that is not complying with the regulations. Kasey works for: a) the Federal Monitor for Equal Opportunity in the Workplace. b) c) d) e) the Federal Agency for Conciliation in Workplace Discrimination. the Equal Employment Opportunity Commission (EEOC). the Office of Federal Contract Compliance Programs (OFCCP). none of the above C--Application Page: 105

Answer: d

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63.

Unlike the EEOC, the OFCCP: a) must wait for complaints to be filed before it can act. b) has no enforcement power. c) both monitors compliance and has enforcement powers. d) may only recommend action to the Executive Branch, it cannot act on its own. e) was created by Title VII legislation. Answer: c M--Integration Page: 105

64.

The establishment of an affirmation action plan has three steps. The first is to: a) establish goals and timetables for compliance. b) investigate the claim of discrimination. c) arrange a conciliation meeting. d) develop action plans to meet federal guidelines. e) conduct a utilization analysis. Answer: e M--Recall Page: 105

65.

A utilization analysis looks at which of the following criteria? a) The national population. b) Age of the labor pool. c) Qualified workers in the local labor pool. d) The number of potential employees in public schools in the area. e) The number of federal contractors in the labor pool area. Answer: c E--Recall Page: 105

66.

In a utilization analysis, you do NOT need to determine the percentage of protectedclass members in which of the following groups of people? a) Local population. b) Local unemployed workers. c) Local labor force. d) Qualified workers in the local labor market. e) Unqualified workers in the local labor market. Answer: e E--Recall Page: 106

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67.

Your business is a government contractor. To begin your affirmative action plan, you start with a utilization analysis. What is your first step in conducting this analysis? a) You must determine the percentage of protected classes in the available labor market. b) You must divide all of the jobs in your business into classifications. c) You must determine the percentage of persons from all protected classes working in your business. d) You must contact the OFCCP in order to comply with Executive Order 11246. e) You must determine whether your company is violating the four-fifths rule. Answer: b M--Application Page: 106

68.

Once the utilization analysis has been completed, what is the next step in developing an affirmative action plan? a) Setting goals and a time-table for correcting the underutilization of protected class groups. b) Recruiting protected-class members. c) Redesigning jobs so that the underrepresented workers are more likely to be qualified. d) Determining the percentage of protected classes in the available labor market. e) Determining the number of graduates of local education and training programs that prepare people for your business’ job classifications. Answer: a M--Recall Page: 106

69.

According to your text, what types of businesses are required to have affirmative action plans? a) Businesses located in areas where the protected class population is larger than the majority class population. b) Businesses located in areas where the protected class population is 4/5 smaller than the majority class population. c) Businesses that are contracted to, or part of, the federal government. d) Businesses that have been in violation of the Civil Rights Act of 1991 at least twice in the past. e) Businesses that have over 50 employees and earn over $50,000 per year. Answer: c E--Recall Page: 105

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70.

When creating an affirmative action plan, the central concern is: a) determining how many of each protected class to hire. b) determining how much preference to give members of the underutilized protected class. c) analyzing the impact of the plan on nonprotected classes in light of recent court decisions regarding reverse discrimination. d) setting up the appropriate barriers to nonprotected class applicants. e) determining the appropriate gender mix among applicants from the underutilized protected class. Answer: b C--Integration Page: 106

71.

Keramit applied for a managerial job at a large, private business and met all of the necessary requirements. Courtney applied for the same job and met all of the necessary requirements as well, but did not have the same amount of experience that Karamit had. Courtney was offered the position and took it. There is a rumor that Courtney was hired in order to make the business appear more woman-friendly. It is possible that Keramit was a victim of: a) sexual harassment. b) harassment. c) reverse discrimination. d) same-sex harassment. e) adverse impact. Answer: c M--Application Page: 106

72.

The discrimination that may have affected Keramit’s ability to receive the position is prohibited by which piece of legislation? a) The Equal Pay Act of 1963. b) The Civil Rights Act of 1991. c) The Vocational Rehabilitation Act of 1973. d) The Fair Labor Standards Act. e) Title VII of the Civil Rights Act of 1964. Answer: e C--Integration Page: 106

73.

In cases involving reverse discrimination, the Supreme Court generally has: a) found in favor of the complainant. b) favored the affirmative action side of the issue. c) ruled these cases violate the intent of EEO law. d) permitted very limited use of reverse discrimination. e) forced employers to show affirmative action plans as justification for these decisions. Answer: b M--Recall Page: 106

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74.

Based on the findings of the Supreme Court in recent reverse discrimination cases, it is fair to predict that: a) affirmative action will be actively supported in future decisions. b) members of nonprotected classes will become more fully supported in such cases. c) reverse discrimination cases will be discouraged in the future. d) it is difficult to predict, as most reverse discrimination cases have been decided by the slightest of margins. e) affirmative action will be brought under very strict scrutiny. Answer: d C--Integration Page: 107

75.

Which of the following best describes affirmative action in countries other than the United States? a) Affirmative action is virtually non-existent outside of the United States. b) Since other countries do not have the types of disadvantaged groups that exist in the United States, affirmative action is unnecessary in other countries. c) France is one of the few countries that has an affirmative action policy to include all disadvantaged groups. d) A number of countries have created affirmative action programs that are designed to meet the needs of their respective populations. e) Affirmative action is quite common in Western Europe, but very uncommon in eastern and south-eastern countries. Answer: d C--Integration Page: 107

76.

Your text mentions _________ as one effect of the institution of the Immigration Reform and Control Act. a) the increase in the number of employed illegal immigrants b) the decrease in the number of employed illegal immigrants c) the creation of a market for fake documents d) the decrease in the number of illegal immigrants entering the country e) the increase in the number of illegal immigrants entering the country Answer: c E--Recall Page: 107

77.

The Immigration Act of 1990: a) reduced the flow of illegal immigrants into the United States. b) required employers to verify that employees had an I-9 form. c) eliminated affirmative action plans as a criterion for hiring foreign nationals. d) made it easier for skilled immigrants to enter the United States. e) requires immigrants to have family members who are U.S. citizens to sponsor their immigration. Answer: d M--Recall Page: 107

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78.

Antonio is in charge of employee recruitment and hiring at BlueRidge, Inc. How does the Immigration Reform and Control Act of 1986 affect his responsibilities? a) Antonio must prove that he is not an illegal immigrant. b) Antonio must prove that he has family members who are U.S. citizens. c) Antonio must make sure that all new employees can document that they are legally permitted to work in the United States. d) Antonio must make sure that applicants who are immigrants left a country that was assigned a large quota of immigrants to the United States based on historical trends. e) None of the above Answer: c C--Application Page: 107

79.

Since the passage of the Drug Free Workplace Act of 1988, about ____ of Fortune 200 companies conduct some form of drug testing. a) 25% b) 43% c) 58% d) 84% e) 98% Answer: e E--Recall Page: 108

80.

The rights of individuals who must take short leaves from their private-sector employers to perform military service are protected by: a) the Immigration Act. b) Title VII of the Civil Rights Act of 1964. c) the Civil Rights Act of 1991. d) the Uniformed Service Employment and Reemployment Act of 1994. e) the OFCCP. Answer: d E--Recall Page: 108

81.

According to your book, which of the following proactive strategies should be used to minimize EEO complaints in organizations? a) Documenting decisions. b) Being honest in employee evaluations. c) Providing training to employees. d) Establishing an internal complaint resolution process. e) All of the above Answer: e E--Recall Page: 108

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82.

The best way companies can avoid a number of EEO problems is by: a) providing training. b) employing effective legal departments. c) referring all complaints to the EEOC immediately. d) enlarging the HR department by creating an ombudsman position. e) keeping minimal records. Answer: a E--Recall Page: 108

83.

The most common complaint regarding discrimination in employment is that the employer used non-job-related criteria in the decision. The best management practice for an employer to use in refuting this type of allegation would be: a) appropriately documenting the decision. b) having provided supervisors EEOC-related training. c) establishing a complaint resolution process. d) being honest in hiring. e) asking for complete information in interviews, including non-job related information. Answer: a E--Application Page: 109

84.

To improve employee morale and satisfaction, deal with EEO and other types of employee complaints, and to minimize the EEOC, OFCCP, and legal counsel involvement in these matters, what is the first potential strategy that should be considered? a) Implementing a process to report and resolve employee complaints within the organization. b) Documenting employee appraisals. c) Being honest in employee appraisals. d) Performing a utilization analysis in order to determine whether members of protected classes are adequately represented in the business. e) Beginning a process to institute an affirmative action strategy which is relevant for the company. Answer: a C--Integration Page: 108

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85.

A 50-year-old African-American employee has been “carried” by management for years. His substandard performance has been largely ignored because of personal concerns for his family and his supervisor’s inability to confront poor performance. Now after seven years, the employee is fired as part of a layoff, and files an ageand race-based discrimination suit. The primary way this problem could have been avoided would have been for the company and supervisor: a) to have been trained in EEO matters. b) to have established a complaint resolution process. c) to have shown how affirmative action criteria were used to determine who was laid off. d) to have been honest in evaluations. e) to have argued for reverse discrimination if they laid someone else off. Answer: d E--Application Page: 109

86.

Marriott uses a variety of creative ways to handle fair treatment grievances, including: a) arbitration. b) management review of all hiring and firing decisions. c) a thorough HR hiring process. d) a panel of peers. e) involving their legal department immediately. Answer: d M--Recall Page: 108

87.

Like Marriott, the EEOC also uses alternative dispute resolution systems to help address the numerous complaints they receive. To achieve faster resolution of backlogged cases, it: a) encourages the company in question to form a panel of peers in order to discuss the complaint. b) relies on mediation in each EEOC district. c) forwards important cases to the Supreme Court. d) requires that federal businesses institute affirmative action programs. e) automatically issues right-to-sue letters to plaintiffs whose complaints have been pending for over six months. Answer: b E--Recall Page: 109

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88.

When conducting a job interview, an interviewer: a) may ask questions regarding health to ensure proper consideration of ADA issues. b) should only ask questions that are clearly related to job performance. c) may ask questions regarding ethnic origin or race to ensure proper consideration of affirmative action considerations. d) should investigate any EEO-related issues he/she might observe in the applicant, i.e., pregnancy, race, age, etc. e) may ask about any of the above and might be found liable if he/she does not. Answer: b E--Recall Page: 111

89.

You need to know if an applicant can speak a foreign language, as a job-related skill. Which of the following is an acceptable way to ask for the information in an interview? a) What language do you commonly use? b) Do you read, write, or speak a foreign language? c) What is your ethnic background? d) Where did you learn to speak ____, at home or in school? e) All of the above are acceptable. Answer: b C--Application Page: 110

90.

A job requires rotating shift work. Which is an acceptable question for evaluating an applicant’s ability to perform that shift work? a) You understand that this job requires a rotating shift, don’t you? b) What child/dependent care provisions have you made in order to be available for this rotating shift? c) Does your faith keep you from working weekends? d) Do you have dependent responsibilities that would hinder your working a rotating shift? e) Are there any physical limitations that would make it difficult for you to work a rotating shift? Answer: a C--Integration Page 111

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91.

Your insurance carrier requires a health evaluation of all new hires for insurance purposes. To assess an applicant’s health state, you could legally ask: a) Do you have any physical limitations that would inhibit your performance of this job? b) Are you willing to take a physical examination if you were offered this position? c) How would you describe your general health? d) When was your last physical examination? e) Do you have any pre-existing conditions for which you are denied health insurance? Answer: b C--Application Page: 110

92.

A position requires that employees be trustworthy because they handle a great deal of money. Which of the following is an acceptable interview question for examining this issue? a) Have you ever been denied credit? b) Have you ever been arrested? c) Do you own your own car or residence? d) What is your current marital status? e) None of the above Answer: e C--Application Page: 110

93.

What is the potential EEO pitfall in asking an applicant to list all of the hobbies and organizations to which he/she belongs? a) This is too familiar a question to be appropriate in a job interview. b) Information may be given that indicates the applicant’s race, sex, religion, etc. c) If the information falls into the wrong hands, it can be used for commercial purposes. d) Lists are too cumbersome to require on an application. Rather, a standard list should be created and applicants allowed to either circle or check the organizations/hobbies in which they participate. e) a and b Answer: b M--Integration Page: 111

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CASE QUESTIONS Case 3.1 As an HR consultant, you are conducting an informational seminar on EEO-related issues and the ramifications of the 1991 Civil Rights Act. During a coffee break, Sam, an owner of a small company, describes a situation in his company. His brother’s nephew has a tendency to talk down to Asian-American women in the company. He refers to them as spies, war starters, “slopes,” etc. The owner thinks he’s okay because he doesn’t know about this officially, since no one has filed a complaint. He's only heard this through the grapevine. During the conversation, you discover that Sam’s company is a federal contractor. 94. Refer to Case 3.1. Sam’s nephew’s behavior constitutes: a) adverse impact. b) inappropriate but not illegal behavior. c) harassment. d) a case of quid pro quo sexual harassment. e) a violation of Executive Order 11246. Answer: c 95. Moderate Page: 95

Refer to Case 3.1. Under the Civil Rights Act of 1991, which of the following is true for Sam’s company? a) They could not be sued because no one has lost their job because of this behavior. b) The burden of proof is on the employees. They must come forward and prove something is wrong. c) As long as Sam doesn’t have to deal with an “official” complaint, his company is not liable. d) The company could be sued for compensatory and punitive damages. e) They are in violation of the Sex Discrimination Act. Answer: d Easy Page: 99

96.

Refer to Case 3.1. If an employee sued Sam’s company, they would have to prove ____ to win their case. a) that a reasonable person would find this a hostile working environment b) a prima facie case of discrimination c) significant psychological damage due to this treatment d) physical threats or actual touching by Bill’s nephew e) only that the behavior was objectionable Answer: a Challenging Page: 95

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97.

Refer to Case 3.1. Bill’s best course of action at this point would be to: a) hire a good attorney. b) establish a policy against sexual harassment. c) refer the situation to the EEOC. d) confront his nephew about his behavior and discipline him. e) quickly investigate any claims against his nephew. Answer: d Easy Page: 98

Case 3.2 You have been hired as the first HR Director of a company with about 100 employees. As you begin to learn about the company, you discover that women managers are paid about 20% less than their male counterparts. When you ask why, the president tells you it’s because men have families to support, while the women are earning “extra” income. As you review personnel files, you notice that protected-class employees are promoted less often and have longer terms between promotions and raises than white employees. You discover that a test is used as part of the promotion process and that protected-class candidates always do about 25% worse on it than white candidates. Another test is used to screen job applicants. It screens out about 25% of white male applicants, but about 50% of protected-class applicants. Your company has a hazardous product division. Traditionally, women are not hired or promoted into that division which is exclusively male. Your president is concerned that the toxic nature of the production process will adversely affect the female employees’ reproductive processes. 98. Refer to Case 3.2. As the HRM Director, you are meeting with the president over a number of issues. The first that you decide to take up is the compensation of managers. You advise the president that: a) the current situation is okay because it can be “grandfathered in,” but you need to change it with all future hires and promotions. b) the company is in violation of Title VII of the Civil Rights Act of 1964. c) you face legal liability because the company is in violation of the Equal Pay Act of 1963. d) the OFCCP is probably monitoring their lack of compliance with HRM law and will be filing suit against them soon. e) what the company is doing isn’t right, but it is legal since it started before the passage of relevant legislation. Answer: c Challenging Page: 90

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99.

Refer to Case 3.2. The second issue you raise in the meeting is the current promotional process used in the company. You inform the president that: a) the company is guilty of disparate treatment. b) the company is in violation of the Equal Pay Act. c) the company is violating the pregnancy provision of Title VII as amended in 1978. d) the use of the test is creating an adverse impact on non-white candidates and that constitutes discrimination. e) the process is creating a hostile working environment. Answer: d Challenging Page: 91

100. Refer to Case 3.2. For your company’s recruiting test to pass the four-fifths rule, about ___ of employees would need to pass it. a) the same percentage as do now b) 40% c) 50% d) 60% e) 75% Answer: d Challenging Page: 93

101. Refer to Case 3.2. Finally, you point out to the president that the company policy prohibiting women from working in the hazardous waste products division is: a) a wise company policy to limit potential liability from women filing suit over birth defects. b) well-meaning but illegal due to the 1978 amendment to Title VII of the Civil Rights Act. c) illegal according to the Supreme Court decision of Griggs versus Duke Power. d) creating an adverse impact on women employees. e) creating a hostile working environment for women. Answer: b Moderate Page: 93

Case 3.3 You are an HRM consultant who helps companies deal with HRM legal issues. You are conducting a seminar on changes in HRM law since the Civil Rights Act of 1991 and the implementation of the Americans with Disabilities Act of 1990. During the seminar, you explain current burden of proof requirements, quotas, and possible damage awards. You review how companies are to make reasonable accommodation for disabled applicants and employees, and the cost of those accommodations. Part of the presentation reviews key terms like protected class, essential and marginal job duties, etc. Finally, you cover the Age Discrimination Act and the Vocational Rehabilitation Act. Although these were passed two and three decades earlier, they are now a significant part of the HRM law environment.

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102. Refer to Case 3.3. During your seminar, a client explains how his company, trying to rectify past shortcomings, has initiated a quota system in all future hirings. You respond: a) with commendation, telling her that it’s great to see a company own up to its past mistakes. b) that the office of the OFCCP will be pleased to hear it. c) that the Civil Rights Act of 1991 makes such action illegal, and while the program is well-meaning, the company should put an end to it. d) that the University of Massachusetts Medical Center case shows that they should try a different approach. e) that they are currently in violation of Executive Order 11246. Answer: c Moderate Page: 99

103. Refer to Case 3.3. During a coffee break at the seminar, another attendee approaches you to ask about his company’s potential exposure in a sex discrimination case. You explain that: a) the burden of proof is on the employee, so there is little to worry about. b) based on the average size of awards in the past, the employee could receive approximately $50,000 to $300,000. c) the manager responsible could be jailed for up to three years. d) the employee can only collect back pay, not punitive or compensatory damages. e) in the case of Gems International, the company was bankrupted by a $1.1 million award. Answer: b Challenging Page: 87

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104. Refer to Case 3.3. You offer an example of a case where an employer won a discrimination suit because the essential job functions could not be modified to accommodate a qualified but disabled applicant. Which of the following is an example of such a situation? a) A job where the ability to access, input, and retrieve data is essential and a qualified applicant without hands was refused the job. b) A grocery clerk’s job where some of the clerks were required to be available to close the store at the end of the business day. A qualified disabled applicant who took public transportation was not able to stay late enough to close was denied the job. c) A library researcher’s position where the applicant accessed databases in order to do the research. A wheelchair-bound applicant was denied the job because the workstation would not accommodate her wheelchair. d) A restaurant wait-job required the ability to handle money, add up the bill, and use a cash register. A Downs-Syndrome applicant who can do general math is denied this position but offered a busperson job. e e) A telephone customer service representative position requiring the ability to use standard English and experience using a computer database to answer customer questions was advertised. An applicant with a minor speech impediment is denied the job because of the impediment. Answer: a Challenging Page: 101

Case 3.4 Your mid-sized architectural service company serves companies and the federal government. Your company is organized into divisions based on client types. FedHelp is your federal division. A successful company, your buildings won awards for simplicity, beauty, and design in the 1970s. Sweeping staircases were used instead of elevators to reach the second and third floors. Broad marble steps lead up to the front of each office building, etc. Your upper management team is 100% male, over 50, and generally has been with the company over 25 years. Middle managers tend to be in their thirties, 40% female, and 1% minority. Hourly employees are 60% minority, 35% female. The communities from which you draw your hourly employees tend to be 75% minority, primarily Hispanic and Haitian, (35-40% female and as a group are generally better educated, with 35% having at least two years of college.) You are the new HR Director. Your predecessor lost her job when she did not anticipate and then did not handle an HRM-based lawsuit against the company to the president’s satisfaction. Your president believes that HRM should help the company avoid problems. You have three primary tasks: to anticipate future problems, advise management, and be an advocate for employees. Your boss doesn’t see a conflict in these roles. You discover employee recruitment records are not complete; many are missing I-9 forms. You immediately begin to work on an affirmative action plan because of what you see happening in the company.

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105. Refer to Case 3.4. Based on your utilization study of the company, which of the following EEO-related problems do you have? a) There is an under-representation of younger managers in upper management. b) Minorities are significantly underrepresented in management. c) Women are significantly underrepresented in middle management. d) Your hourly workforce does not reflect your labor pool population. e) You are probably in violation of the Vocational Rehabilitation Act. Answer: b Moderate Page: 106

106. Refer to Case 3.4. The government agency or branch that is most likely to check your compliance with EEO regulations is: a) the judicial branch. b) the EEOC. c) the Office of Veterans’ Affairs. d) the OFCCP. e) OSHA. Answer: d Easy Page: 105

107. Refer to Case 3.4. The non-EEO HRM-based law that your company is most likely in violation of would be: a) the Immigration Reform and Control Act. b) the Drug Free Workplace Act. c) OSHA. d) ADA. e) the Reverse Discrimination Act. Answer: a Easy Page: 107

108. Refer to Case 3.4. Which of the following is true about your company? a) Your company is probably in violation of the Uniformed Services Employment and Reemployment Rights Act. b) Your company is probably in compliance with the Drug Free Workplace Act. c) Your company is probably in compliance with the Immigration Reform and Control Act. d) A prima facie case for discrimination could be made using the four-fifths rule. e) Your company is probably guilty of reverse discrimination. Answer: d Easy Page: 93

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Case 3.5 Tyra has been the head of HR at S.P., Inc. for 20 years. During her time there, she has instituted an internal EEO complaint resolution process and a no-tolerance policy for sexual harassment. Many of S.P., Inc. employees are Asian immigrants, but there are half a dozen countries represented within the company. This is of great benefit to the company since much of their material is translated into foreign languages. Due to a great influx of work, S.P., Inc. needs to hire a number of workers. Tyra has received 70 applications for copyediting positions. She hires 60% of the white applicants who apply for the job and 25% of the African-Americans who apply for the job. 109. Refer to Case 3.5. Fiona has been experiencing sexual harassment at S.P., Inc. by a female superior. What should be her first course of action? a) File a complaint with the EEOC. b) Report the harassment to HR and begin the company’s internal complaint resolution process. c) File a complaint with the EEO. d) Speak with other employees who she suspects of having been sexually harassed by her supervisor. e) None of the above Answer: b
110.

Moderate

Page: 95

Refer to Case 3.5. When hiring immigrants for any job, Tyra has to be certain that: a) they have the proper documentation to prove they have the right to work in the United States. b) they have family in the United States. c) they speak English. d) they have the abilities to perform the essential functions of the job in question. e) both a and d Answer: e Moderate Page: 101, 107

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111. Refer to Case 3.5. An applicant for a type-setting job at S.P. does not meet the minimum qualifications for the job and has a visual impairment that calls for special lighting in order for her see at a functional level. Which of the following adjustments should Sexy Products make in order to serve the applicant? a) the necessary lighting should be made available once the applicant receives the job. b) the necessary lighting needs to be made available once the applicant requests it. c) no adjustment needs to be made, as the applicant is not qualified for the position. d) no adjustment needs to be made as seeing is not an essential function. e) none of the above Answer: c Challenging Page: 101-102

112. Refer to Case 3.5. What question would it be appropriate for Tyra to ask an applicant when trying to determine if they speak another language? a) What language do you speak at home? b) Do you speak or write in another language fluently? c) What country do you come from? d) How did you learn to read or write in a foreign language? e) What language do you feel most comfortable with? Answer: b Easy Page: 111

113. Refer to Case 3.5. Should Tyra be concerned about her hiring practices? a) No, because there is no prima facie evidence that her hiring practices are discriminatory. b) No, because the publishing department has a majority of African-Americans. c) No, because Tyra is African American and would not discriminate against other African-Americans. d) Yes, because she is violating the Equal Pay Act of 1963. e) Yes, because there is prima facie evidence that her hiring practices are discriminatory. Answer: e Challenging Page: 92

TRUE/FALSE QUESTIONS 114. A fully functioning and competent Human Resource Department can replace the need for any legal advice on any HR-related issues—employment, discrimination, etc. Answer: False Moderate Page: 86

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115. One significant value that an effective HR department offers to companies is the department’s ability to undo the damage done by managers making poor or illegal decisions. Answer: False Easy Page: 86

116. Awards for age, sex, or disability discrimination range from $50,000 to $300,000 depending on the size of the employer. Answer: True Easy Page: 87

117. The landmark civil rights case that placed the burden of proof on employers in employment discrimination cases was Griggs vs. Duke Power. Answer: True Moderate Page: 88

118. There are few, if any, conflicts between the various strategies legislated to provide fair employment opportunity. Answer: False Challenging Page: 88

119. Ideal behavior strategy is based on the principle that fair employment can be achieved by making employment decisions without regard to race, sex, religion, color, etc. Answer: True Easy Page: 89

120. It is permissible to make employment decisions entirely on the basis of race, age, sex, etc., if it rectifies past inequities. Answer: False Challenging Page: 89

121. When it comes to Human Resource issues, it is common for legislation or company policy to have unintended negative consequences. Answer: True Easy Page: 89

122. Since the passage of the Equal Pay Act of 1963, the earnings differential between females and males has actually increased, contrary to the intent of the law. Answer: False Moderate Page: 90

123. Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964. Answer: True Easy Page: 90

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124. Under Title VII of the Civil Rights Act of 1964, it is now illegal to refuse to hire, fire, or treat anyone differently in terms of employment. Answer: True Easy Page: 91

125. Even the most progressive and EEO-conscientious companies are constantly practicing discrimination. Answer: True Moderate Page: 91

126. Adverse impact (or disparate impact) occurs when an employer treats an employee differently because of his or her protected-class status. Answer: False Moderate Page: 91

127. The Griggs vs. Duke Power case was very important because it set a legal precedent for responding to disparate treatment in the workplace. Answer: False Moderate Page: 92

128. Policies that have an adverse effect on protected persons may be defended if it is proven that the policy mandates a regulation that is essential for good job performance. Answer: True Challenging Page: 92

129. An important tool for proving a prima facie case of adverse impact is the four-fifths rule. Answer: True Easy Page: 92

130. The four-fifths rule claims that a practice has an adverse impact if the hiring rate of a protected class is greater than four-fifths that of a majority group. Answer: False Moderate Page: 93

131. Bona fide occupational qualification is a basic defense that an employer can use in a discrimination case. Answer: True Easy Page: 93

132. Sexual harassment only exists in cases of “quid pro quo,” the demand for sexual activity in order to receive a job-related benefit. Answer: False Moderate Page: 95

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133. Wards Cove Packing vs. Antonio placed the burden of proof of discrimination on the plaintiff, but the Civil Rights Act of 1991 returned the burden of proof to the employer. Answer: True Challenging Page: 99

134. The federal law or act that permits plaintiffs to collect punitive. as well as compensatory, damages is the Civil Rights Act of 1991. Answer: True Moderate Page: 99

135. The Americans with Disabilities Act (ADA) only protects those individuals who can prove they have a disability that limits one or more of their life functions. Answer: False Moderate Page: 100

136. A disabled individual is one who has physical or mental impairment that limits one or more major life activities, or who experiences environmental disadvantages. Answer: False Moderate Page: 100

137. The Supreme Court has ruled that an employer must accommodate a disabled job applicant or employee for both essential and marginal job functions. Answer: False Challenging Page: 101

138. Reasonable accommodations provided for disabled employees may include modifying work schedules or reassigning job duties. Answer: True Easy Page: 101

139. The EEOC may investigate complaints, resolve complaints through conciliation, force employers to pay compensation, and issue regulations and guidelines. Answer: False Challenging Page: 104

140. The first step in affirmative action planning is conducting a utilization analysis. Answer: True Easy Page: 105

141. An important strategy for eliminating or minimizing EEO complaints and suits is to simply be honest in employment, i.e., giving feedback about poor job performance, rather than giving good reviews and then firing someone. Answer: True Easy Page: 108

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142. An employer may ask, “Does your religion keep you from working on weekends?” if weekend shift work is a normal part of the job. Answer: False Challenging Page: 110

SHORT ANSWER QUESTIONS 143. A strategy intended to achieve fair employment by urging employers to hire certain groups of people who were discriminated against in the past is referred to as _______. Answer: affirmative action Moderate Page: 89 144. The law that requires the same pay for men and women who do the same job in the same organization is called the _______. Answer: Equal Pay Act (1963) Moderate Page: 90 145. _______ is the section of the Civil Rights Act of 1964 that applies to employment decisions and mandates that employment decisions not be based on race, color, religion, sex, or national origin. Answer: Title VII Moderate Page: 90

146. _______ is discrimination that occurs when individuals are treated differently because of their membership in a protected class. Answer: Disparate treatment Moderate Page: 91 147. Discrimination that occurs when the equal application of an employment standard has an unequal effect on one or more protected classes is referred to as _______. Answer: adverse impact Moderate Page: 91

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148. A characteristic that must be present in all employees for a particular job is called a(n) _______. Answer: bona fide occupational qualification (BFOQ) Moderate Page: 93 149. _______ is harassment that occurs when sexual activity is required in return for getting or keeping a job or job-related benefit. Answer: Quid pro quo sexual harassment Moderate Page: 95 150. Fines awarded to a plaintiff in order to punish the defendant are called _______. Answer: punitive damages Easy Page: 99

151. A policy with which all federal agencies and organizations doing business with the federal government must comply is referred to as a(n) _______. Answer: executive order Moderate Page: 99 152. The law forbidding employment discrimination against people with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation is the _______. Answer: Americans with Disabilities Act (1990) Easy Page: 100

153. Job duties that each person in a certain position must do or must be able to do to be an effective employee are referred to as _______. Answer: essential functions Easy Page: 101

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154. _______ is an action taken to accommodate the known disabilities of applicants or employees so that disabled persons enjoy equal employment opportunity. Answer: Reasonable accommodation Easy Page: 101

155. _______ is an attempt to reach a negotiated settlement between the employer and an employee or applicant in an EEO case. Answer: Conciliation Moderate Page: 104

156. The federal agency responsible for monitoring and enforcing the laws and executive orders that apply to the federal government and its contractors is referred to as the _______. Answer: Office of Federal Contract Compliance Programs (OFCCP) Moderate Page: 105 157. _______ is discrimination against a nonprotected-class member resulting from attempts to recruit and hire members of protected classes. Answer: Reverse discrimination Easy ESSAY QUESTIONS 158. There are a number of challenges HR faces in legal compliance. Identify and explain at least four. Answer: Summary of suggested answer• The dynamic or changing legal landscape--court opinions are reshaping EEO compliance standards. • The complexity of the laws--EEO-related laws tend to be highly complex, covering a multitude of situations. • Conflicting strategies for fair employment--sometimes politics, societal values, and legislation conflict and cause fair treatment for one group to be unfair to another group. • Unintended consequences--legislation can create unexpected consequences that have a significant negative impact. Moderate Page: 80 Page: 106

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159. The most universally important law for EEO matters is Title VII of the Civil Rights Act of 1964. Review its general provisions, defining key terms. Answer: Summary of suggested answer• It prohibits basing any employment decisions on race, color, religion, sex, or national origin. • It creates protected classes, those who have suffered discrimination in the past. Discrimination is making non-job related distinctions in employment decisions. (See page 90, Figure 3-2.) • Disparate treatment is treating employees differently because of their protected class status. • Adverse impact is when an employment practice impacts a protected class negatively. • The four-fifths rule is a tool for proving a prima facie case of discrimination. Moderate Page: 91-93

160. What changes did the Civil Rights Act of 1991 bring to the EEO environment? Answer: Summary of suggested answer- It shifted the burden of proof back onto the employer in discrimination cases. It prohibited quotas. It permits compensatory and punitive damages to be collected by plaintiffs. Easy Page: 99

161. Your text refers to two major regulatory agencies that are responsible for the enforcement of EEO law. Name them and discuss their individual responsibilities and differences. Answer: Summary of suggested answer- The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP). The EEOC has 3 functions, processing discriminating complaints, issuing written regulations, information gathering and dissemination. Attempt to resolve case by conciliation. It cannot compel an employer to pay compensation or damages, but it may issue a right-to-sue letter to the complainant if conciliation does not resolve the case. The (OFCCP) only regulates the EEO laws in companies that are run or contracted by the federal government. Unlike the EEOC, it is proactive in monitoring compliance with the regulations and it can also mete out financial consequences for non-compliance. Moderate Page: 104-105

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Part II The Contexts of Human Resource Management

162. The Americans with Disabilities Act has been called the most significant HRM civil rights legislation in the 1990s. Discuss the essential elements of the act and key terms. Answer: Summary of suggested answer- Title I contains employment provisions, Titles II and III focus on government and public access to facilities. It affects employers with more than 15 employees. It prohibits discrimination against people with disabilities who are able to perform essential job functions with or without accommodation. A disability is a physical or mental impairment of one or more life activities, such as walking, speaking, breathing, sitting, lifting, etc. (See page 97 for list.) Essential functions are those which every employee must be able to do. Reasonable accommodation is providing the means for the disabled person to work without undue hardship to the employer. Challenging Page: 100-102

163. Explain the development of affirmative action plans. Answer: Summary of suggested answer- It is a three-step process involving a utilization analysis, setting goals and timetables, and finally the plan itself. Utilization analysis involves determining the demographic composition of the current workforce, then determining the percentage of protected class workers within that labor market, and comparing the two sets of data. (See page 102, Figure 3-7, for the components of the eight-factor availability analysis.) Setting goals and timetables is simply determining the timeframe and degree of correcting the underutilization. The action plan may involve recruiting, job redesign, specialized training for underprepared applicants, and removing unnecessary barriers. Moderate Page: 106

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