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Chapter 03 The Legal Environment: Equal Employment Opportunity and Safety True / False Questions

1.

Each branch of the U.S. government (legislature, executive, and judiciary) has its own area of authority, and these areas do not overlap.

True False

2.

The United States president has the power to veto any law passed by Congress. True False

3.

The National Labor Relations Board (NLRB) is a quasi-judicial agency. True False

4.

Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens. True False

5.

The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant. True False


6.

Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act.

True False

7.

Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin and applies only to federal contractors and subcontractors.

True False

8.

The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

True False

9.

Individuals who feel they have been discriminated against must file a complaint with the EEOC at any time after the incident.

True False

10. As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted.

True False 11. Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on an individual's race, color, religion, sex, national origin, age, or disability status.

True False

12. In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

True False

13. A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification.

True False


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

True False

15. Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group.

True False

16. The standard deviation rule uses the mode of the distribution to determine disparate impact. True False

17. Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts.

True False 18. Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity.

True False

19. Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice.

True False

20. Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on an employee's submitting to sexual advances.

True False

21. Having pictures of naked women posted in the workplace is actionable under Title VII of the Civil Rights Act.

True False


22. Affirmative action programs are used to eliminate discrimination in the workplace and increase minority representation.

True False

23. The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Health.

True False

24. The provision of the Occupational Health and Safety Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards is known as the general duty clause.

True False 25. The job hazard analysis technique is a breakdown of each job into basic elements, each of which is rated for its potential for harm or injury.

True False

Multiple Choice Questions

26. Which of the following amendments is called the equal protection clause?

A. Fourteenth Amendment B. Sixteenth Amendment C. Eighteenth Amendment D. Twentieth Amendment E. Third Amendment 27. Which of the following is a part of the U.S. government's executive branch? A. District Courts B. Committee on Indian Affairs C. Select Committee on Ethics D. The Congress E. The president


28. The legislative branch of the federal government:

A. functions under the authority and supervision of the president. B. has no say in the appointment of judges by the president. C. consists of the House of Representatives and the Senate. D. enforces the laws that are passed in the United States. E. adjudicates cases pertaining to civil issues. 29. The executive branch of the federal government:

A. consists of bodies like the Select Committee on Ethics. B. consists of the House of Representatives and the Senate. C. adjudicates criminal cases. D. passes laws such as the Civil Rights Act. E. consists of the president and the many regulatory agencies the president oversees. 30. The _____ has the power to veto any law passed by Congress.

A. President pro tempore of the Senate B. Secretary of State C. Attorney general D. President of the United States E. Speaker of the House 31. Which of the following directives can be issued by the president?

A. Constitutional amendment B. Judicial decision C. Legislation D. Executive order E. Legislative bill


32. Executive order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to:

A. deny payments to private contractors based on the availability of money. B. pay taxes for the capital goods exported from other countries for operation. C. form and implement private laws that are consistent with the constitution. D. engage in affirmative action programs to hire and promote minorities. E. refrain from exporting their services to projects in foreign countries.

33. Which of the following serves as the court of final appeal?

A. Circuit court B. Supreme Court C. Court of appeals D. State court E. District court 34. Which of the following amendments abolished slavery in the United States?

A. Fourth Amendment B. First Amendment C. Fifteenth Amendment D. Thirteenth Amendment E. Fourteenth Amendment 35. Which of the following is an example of a quasi-judicial body?

A. National Security Agency B. Senate C. Court of Appeals D. District Court E. National Labor Relations Board

36. If neither party is satisfied with the National Labor Relations Board's decision, the parties can take the case to the _____ for review. A. Court of Appeals B. District Court


C. Senate D. House of Representatives E. Secretary of State 37. Section 1982 of the Civil Rights Act passed in 1886 granted all persons the _____.

A. same property rights as white citizens B. right to carry weapons for self-defense C. right to sue governmental authorities D. freedom to elect members of Parliament E. freedom from cruel and unusual punishments 38. Section 1981 of the Civil Rights Act of 1866 granted individuals the _____.

A. freedom from cruel and unusual punishments B. right to carry weapons for self-defense C. right to sue governmental authorities D. right to enter into and enforce a contract E. freedom to elect members of Parliament

39. Which of the following legislations mandates affirmative action in the employment of individuals with disabilities?

A. Rehabilitation Act of 1973 B. Lilly Ledbetter Fair Pay Act C. Pregnancy Discrimination Act D. Pendleton Act E. Civil Rights Act of 1871 40. Which of the following congressional legislations requires contractors and subcontractors that receive more than $2,500 annually from the federal government to engage in affirmative action for individuals with disabilities?

A. Title VII of the Civil Rights Act B. Equal Pay Act C. Vietnam Era Veteran's Readjustment Act D. Vocational Rehabilitation Act E. Pregnancy Discrimination Act


41. Which of the following states that it is illegal for an employer to refuse to hire an individual or otherwise discriminate against this individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin?

A. Unlawful Corporate Payments Act of 1977 B. Federal Employers' Liability Act C. Executive Order 11246 D. Executive Order 1148 E. Title VII of the Civil Rights Act of 1964

42. The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of _____.

A. 30 B. 35 C. 40 D. 18 E. 15

43. Which of the following is responsible for enforcing the Age Discrimination in Employment Act?

A. Equal Employment Opportunity Commission B. Office of Federal Contract Compliance Programs C. U.S. Department of Commerce D. Independent Regulatory Commission E. U.S. Department of Labor 44. The Vocational Rehabilitation Act of 1973 is enforced by the _____.

A. Office of Federal Contract Compliance Programs B. U.S. Department of Health C. Equal Employment Opportunity Commission D. U.S. Department of Commerce E. Employment Standards Administration of the Department of Labor


45. Under the Americans with Disabilities Act of 1990, what is the damage limit for a firm that employs 14 to 100 employees?

A. $30,000 B. $150,000 C. $50,000 D. $450,000 E. $200,000 46. Which of the following is considered a disability under the Americans with Disabilities Act?

A. Cosmetic disfigurement B. Obesity C. Substance abuse D. Eye color E. Lefthandedness

47. Which of the following is a disability under the Americans with Disabilities Act?

A. Lefthandedness B. Substance abuse C. Eye and hair color D. Heart disease E. Obesity 48. Directives issued and amended unilaterally by the president are known as:

A. judicial decisions. B. presidential vetoes. C. presidential bills. D. executive orders. E. constitutional amendments.


49. Executive order 11246, which prohibits discrimination based on race, color, religion, sex, and national origin, is enforced by the:

A. Office of Federal Contract Compliance Programs. B. U.S. Office of Personnel Management. C. Equal Employment Opportunity Commission. D. United States Court of Federal Claims. E. U.S. Department of Commerce. 50. Executive order 11478 requires the federal government to:

A. prevent reverse discrimination by abolishing affirmative action. B. base all its employment policies on merit and fitness. C. prevent privatization of banking and financial services. D. base all its selections on methods such as quantitative techniques. E. abolish personal interviews as a method of selecting federal employees. 51. The U.S. Office of Personnel Management is in charge of the:

A. executive order 11246. B. Pregnancy Discrimination Act. C. executive order 11478. D. Equal Pay Act of 1963. E. Americans with Disabilities Act.

52. Which of the following agencies is responsible for enforcing Title VII of the Civil Rights Act and the Americans with Disabilities Act?

A. U.S. Department of Commerce B. Equal Employment Opportunity Commission C. Office of Federal Contract Compliance Programs D. U.S. Department of Labor E. U.S. Office of Personnel Management


53. Which of the following agencies is responsible for investigating and resolving discrimination complaints, gathering information, and issuing guidelines?

A. Equal Employee Opportunity Commission B. U.S. Department of Labor C. Office of Federal Contract Compliance Programs D. U.S. Department of Commerce E. Labor Commission

54. Individuals who feel they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency within _____ days of the incident.

A. 30 B. 60 C. 180 D. 270 E. 365

55. After the Equal Employment Opportunity Commission (EEOC) has taken responsibility for investigating a claim of discrimination, the complainant must give the EEOC _____ days to investigate the complaint.

A. 30 B. 60 C. 90 D. 120 E. 180

56. Which of the following is true about how the Equal Employment Opportunity Commission (EEOC) responds to a claim of discrimination? A. If the EEOC determines that discrimination has taken place in a private firm, it can investigate the discrimination but cannot file a suit. B. If the EEOC either does not believe a complaint to be valid or fails to complete the investigation, it issues a ruling preventing the complainant from pursuing legal action in federal court.


C. If the EEOC cannot come to an agreement with an offending employer, it can issue a "right to sue" letter to the alleged victim. D. If the EEOC cannot come to an agreement with an offending employer, it will collect a hefty fine that it will pass on to the complainant. E. If the EEOC discovers any discriminatory practice, it will urge the federal government to bar the offending firm from doing business with federal agencies.

57. Which of the following best describes the consent decree that the Equal Employment Opportunity Commission (EEOC) enters into with an organization that has been found to be discriminating?

A. It is a decree that permits a victim to sue the organization that has victimized him/her based on color, religion, gender or place of birth. B. It is a decree through which the organization agrees to furnish the details regarding the extent of diversity amongst its staff. C. It is a decree through which the organization accepts it has committed discrimination without imposing any requirements to prevent discrimination in the future. D. It is an agreement between the EEOC and the organization that the organization will cease certain discriminatory practices. E. It is an agreement that binds the organization to respect the rights of its employees to give consent to the nature of conditions at the workplace.

58. Each year organizations with a minimum of _____ employees must file an EEO-1 report with the Equal Employment Opportunity Commission.

A. 60 B. 100 C. 50 D. 80 E. 25

59. The _____ is a set of guidelines that provides guidance on the ways an organization should develop and administer recruitment systems so as not to violate Title VII.

A. Uniform Guidelines on Employee Selection Procedures B. Guidelines for Employment Security C. Guidelines for Employee Facilities D. Uniform Guidelines for Voluntary Early Retirement E. Uniform Guidelines for Job Design and Job Description


60. Which of the following agencies or institutions is responsible for enforcing the executive orders that cover companies doing business with the federal government?

A. U.S. District Court B. Office of Federal Contract Compliance Programs C. Equal Employment Opportunity Commission D. U.S. Department of Commerce E. Centre for Civil and Human Rights

61. The _____ compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.

A. contingency analysis B. matrix analysis C. path goal analysis D. differential analysis E. utilization analysis 62. Goals and timetables in an affirmative action plan:

A. compare the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply. B. specify the amount that an organization has spent to train an employee. C. define whether an employee can be a member of any of the labor unions. D. specify the percentage of women and minorities that an employer seeks to have in each job group.

E. define the minimum standards that an employee should have to be part of an organization.

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

A. utilization analysis B. goal C. consent decree D. timetable E. list of action steps


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

A. Debarment B. General warning C. Right to sue letter D. Class-action suits E. Specific treatment

65. Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following statements would both negate Jason's case and support Virgo's case?

A. Virgo deals in building equipment that requires a certified welder and Jason is a certified welder. B. Virgo deals in building equipment that requires a certified welder and Robert is a certified welder.

C. Virgo has had a history of discrimination. D. Virgo has never had a history of discrimination. E. Virgo deals in building equipment that requires a certified welder and Jason is not a certified welder.

66. Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline. Despite both having similar profiles, Michael was hired but Mohammad was not, and the airline continued to look for other potential trainee pilots. In this case, Mohammad is a possible victim of:

A. sexual harassment. B. quid pro quo harassment. C. disparate treatment. D. disparate impact. E. racial discrimination.

67. The director of a movie auditions only white males to play the role of Abraham Lincoln in a biographical film on Lincoln's life. This is an example of: A. reasonable accommodation. B. disparate treatment. C. quid pro quo.


D. bona fide occupational qualification. E. disparate impact.

68. In a _____ case, the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination.

A. prima facie B. disparate impact C. reasonable accommodation D. quid pro quo E. mixed-motive

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

A. Disparate impact B. Reasonable accommodation C. Quid pro quo D. Internal discrimination E. Disparate treatment

70. A hotel in Florida has instituted a policy to hire individuals living in close proximity to the hotel premises to reduce instances of employees coming in late. As the area surrounding the hotel is predominantly populated with individuals of Hispanic origin, the Caucasian and African-American communities became underrepresented in the hotel's workforce. This is an example of:

A. reverse discrimination. B. disparate impact. C. disparate treatment. D. reasonable accommodation. E. sexual harassment.


Chapter 03 The Legal Environment: Equal Employment Opportunity and Safety Answer Key

True / False Questions

1.

Each branch of the U.S. government (legislature, executive, and judiciary) has its own area of authority, and these areas do not overlap.

FALSE The U.S. Constitution established three major governing bodies: the legislative, executive, and judicial branches. The Constitution explicitly defines the roles and responsibilities of each of these branches. Each branch has its own areas of authority, but these areas have often overlapped, and the borders between the branches are often blurred.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: The Legal System in the United States

2.

The United States president has the power to veto any law passed by Congress.

TRUE The U.S. president has the power to veto any law passed by Congress, thus ensuring that few laws are passed without presidential approval—which allows the president to influence how laws are written.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: Executive Branch


3.

The National Labor Relations Board (NLRB) is a quasi-judicial agency.

TRUE Quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch, but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB's case, disputes between unions and management).

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: Judicial Branch

4.

Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens.

TRUE The Civil Rights Act passed in 1866 was later broken into two statutes. Section 1982 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

5.

The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant.

FALSE As per the Pregnancy Discrimination Act, pregnancy-related benefits cannot be limited to married employees, and if an employer provides any benefits to workers on leave, they must provide the same benefits for those on leave for pregnancy-related conditions. AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy


Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

6.

Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act.

FALSE The Americans with Disabilities Act does not cover conditions such as obesity, substance abuse, eye and hair color, and lefthandedness.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

7.

Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin and applies only to federal contractors and subcontractors.

FALSE President Richard Nixon issued executive order 11478, which requires the federal government to base all its employment policies on merit and fitness, and specifies that race, color, sex, religion, and national origin should not be considered.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Executive Orders


8.

The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

TRUE An independent federal agency, the EEOC is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act. The EEOC has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

9.

Individuals who feel they have been discriminated against must file a complaint with the EEOC at any time after the incident.

FALSE Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident. Failure to file a complaint within 180 days results in the case being dismissed immediately, with certain exceptions.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

10.

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted.

TRUE As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when (1) a discriminatory compensation decision is adopted; (2) an employee becomes subject to the decision; or (3) an employee is affected by its application, including each time compensation is paid.


AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

11.

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

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

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatmen

12.

In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him.

FALSE As in any legal case, the plaintiff in a disparate treatment case has the burden of proving that the defendant has committed an illegal act. This is the idea of a "prima facie" case.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatment


13.

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

TRUE

A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification (BFOQ). For example, if one were hiring an individual to hand out towels in a women's locker room, being a woman might be a BFOQ.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatmen

14.

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

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

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatment

15.

Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group.

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


AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Impact

16.

The standard deviation rule uses the mode of the distribution to determine disparate impact.

FALSE

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

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Impact

17.

Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts.

FALSE Rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Reasonable Accommodation


18.

Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity.

TRUE Under disability claims, the plaintiff must show that she or he is a qualified applicant with a disability and that adverse action was taken by a covered entity. The employer's defense then depends on whether the decision was made without regard to the disability or in light of the disability.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Reasonable Accommodation

19.

Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice.

TRUE Title VII of the Civil Rights Act of 1964 states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-05 Discuss the legal issues involved with preferential treatment programs. Topic: Retaliation for Participation and Opposition

20.

Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on an employee's submitting to sexual advances.

TRUE Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways: quid pro quo and hostile working environment. Quid pro quo harassment occurs when some kind of benefit (or punishment) is made contingent on an employee's submitting (or not submitting) to sexual advances.


AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-06 Identify behavior that constitutes sexual harassment and list things that an organization can do to eliminate or minimize it. Topic: Sexual Harassment

21.

Having pictures of naked women posted in the workplace is actionable under Title VII of the Civil Rights Act.

TRUE

Actions such as having pictures of naked women posted in the workplace, using offensive sexually explicit language, or using sex-related jokes or innuendoes in conversations are actionable under Title VII of the Civil Rights Act because they treat individuals differently based on their sex.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-06 Identify behavior that constitutes sexual harassment and list things that an organization can do to eliminate or minimize it. Topic: Sexual Harassment

22.

Affirmative action programs are used to eliminate discrimination in the workplace and increase minority representation.

TRUE To eliminate discrimination in the workplace, many organizations have affirmative action programs to increase minority representation. Affirmative action was originally conceived as a way of taking extra effort to attract and retain minority employees.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-06 Identify behavior that constitutes sexual harassment and list things that an organization can do to eliminate or minimize it. Topic: Affirmative Action and Reverse Discrimination

23.

The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Health.


FALSE

The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Labor. The Department of Health was assigned responsibility for conducting research to determine the criteria for specific operations or occupations and for training employers to comply with the act.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act. Topic: The Occupational Safety and Health Act

24.

The provision of the Occupational Health and Safety Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards is known as the general duty clause.

TRUE The main provision of OSHA states that each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm. This is referred to as the general duty clause.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act. Topic: The Occupational Safety and Health Act

25.

The job hazard analysis technique is a breakdown of each job into basic elements, each of which is rated for its potential for harm or injury.

TRUE The job hazard analysis technique is a breakdown of each job into basic elements, each of which is rated for its potential for harm or injury.

AACSB: Analytic


Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act. Topic: Safety Awareness Programs

Multiple Choice Questions 26.

Which of the following amendments is called the equal protection clause?

A. Fourteenth Amendment B. Sixteenth Amendment C. Eighteenth Amendment D. Twentieth Amendment E. Third Amendment The Fourteenth Amendment, called the equal protection clause, states that all individuals are entitled to equal protection under the law.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: The Legal System in the United States

27.

Which of the following is a part of the U.S. government's executive branch?

A. District Courts B. Committee on Indian Affairs C. Select Committee on Ethics D. The Congress E. The president The executive branch of the U.S. government consists of the president of the United States and the many regulatory agencies the president oversees.

AACSB: Analytic


Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: The Legal System in the United States

28.

The legislative branch of the federal government:

A. functions under the authority and supervision of the president. B. has no say in the appointment of judges by the president. C. consists of the House of Representatives and the Senate. D. enforces the laws that are passed in the United States. E. adjudicates cases pertaining to civil issues. The legislative branch of the federal government consists of the House of Representatives and the Senate. These bodies develop laws that govern many HRM activities.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: Legislative Branch

29.

The executive branch of the federal government:

A. consists of bodies like the Select Committee on Ethics. B. consists of the House of Representatives and the Senate. C. adjudicates criminal cases. D. passes laws such as the Civil Rights Act. E. consists of the president and the many regulatory agencies the president oversees. The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. Although the legislative branch passes the laws, the executive branch affects these laws in many ways.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.


Topic: Executive Branch

30.

The _____ has the power to veto any law passed by Congress.

A. President pro tempore of the Senate B. Secretary of State C. Attorney general D. President of the United States E. Speaker of the House

The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. The president has the power to veto any law passed by Congress, thus ensuring that few laws are passed without presidential approval—which allows the president to influence how laws are written.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: Executive Branch

31.

Which of the following directives can be issued by the president?

A. Constitutional amendment B. Judicial decision C. Legislation D. Executive order E. Legislative bill

The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. The president can issue executive orders, which sometimes regulate the activities of organizations that have contracts with the federal government.

AACSB: Analytic Accessibility: Keyboard Navigation

Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of


human resource management. Topic: Executive Branch

32.

Executive order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to:

A. deny payments to private contractors based on the availability of money. B. pay taxes for the capital goods exported from other countries for operation. C. form and implement private laws that are consistent with the constitution. D. engage in affirmative action programs to hire and promote minorities. E. refrain from exporting their services to projects in foreign countries. Executive Order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to engage in affirmative action programs designed to hire and promote women and minorities within their organizations.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management. Topic: Executive Branch

33.

Which of the following serves as the court of final appeal?

A. Circuit court B. Supreme Court C. Court of appeals D. State court E. District court The Supreme Court serves as the court of final appeal. Decisions made by the Supreme Court are binding; they can be overturned only through legislation.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember

Difficulty: 1 Easy

Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.


Topic: Judicial Branch

34.

Which of the following amendments abolished slavery in the United States?

A. Fourth Amendment B. First Amendment C. Fifteenth Amendment D. Thirteenth Amendment E. Fourteenth Amendment The Thirteenth Amendment of the U.S. Constitution abolished slavery in the United States. It has been applied in cases where the discrimination involved the "badges" (symbols) and "incidents" of slavery.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Constitutional Amendments

35.

Which of the following is an example of a quasi-judicial body?

A. National Security Agency B. Senate C. Court of Appeals D. District Court E. National Labor Relations Board The quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch, but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB's case, disputes between unions and management).

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember

Difficulty: 1 Easy

Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.


Topic: Constitutional Amendments

36.

If neither party is satisfied with the National Labor Relations Board's decision, the parties can take the case to the _____ for review.

A. Court of Appeals B. District Court C. Senate D. House of Representatives E. Secretary of State

The quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch, but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB's case, disputes between unions and management). If neither party to a suit is satisfied with the decision of the court at this level, the parties can appeal the decision to the U.S. Courts of Appeals.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Constitutional Amendments

37.

Section 1982 of the Civil Rights Act passed in 1886 granted all persons the _____.

A. same property rights as white citizens B. right to carry weapons for self-defense C. right to sue governmental authorities D. freedom to elect members of Parliament E. freedom from cruel and unusual punishments Section 1982 of the Civil Rights Act passed in 1866 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts. AACSB: Analytic Accessibility: Keyboard Navigation

Blooms: Remember

Difficulty: 2 Medium


Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

38.

Section 1981 of the Civil Rights Act of 1866 granted individuals the _____.

A. freedom from cruel and unusual punishments B. right to carry weapons for self-defense C. right to sue governmental authorities D. right to enter into and enforce a contract E. freedom to elect members of Parliament Section 1982 of the Civil Rights Act passed in 1866 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember

Difficulty: 2 Medium Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

39.

Which of the following legislations mandates affirmative action in the employment of individuals with disabilities?

A. Rehabilitation Act of 1973 B. Lilly Ledbetter Fair Pay Act C. Pregnancy Discrimination Act D. Pendleton Act E. Civil Rights Act of 1871 The Rehabilitation Act of 1973 mandates affirmative action in the employment of individuals with disabilities.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember

Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.


Topic: Congressional Legislation

40.

Which of the following congressional legislations requires contractors and subcontractors that receive more than $2,500 annually from the federal government to engage in affirmative action for individuals with disabilities?

A. Title VII of the Civil Rights Act B. Equal Pay Act C. Vietnam Era Veteran's Readjustment Act D. Vocational Rehabilitation Act E. Pregnancy Discrimination Act

The Vocational Rehabilitation Act of 1973 covers executive agencies and contractors and subcontractors that receive more than $2,500 annually from the federal government. It requires them to engage in affirmative action for individuals with disabilities. Congress designed this act to encourage employers to actively recruit qualified individuals with disabilities and to make reasonable accommodations to allow them to become active members of the labor market.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember

Difficulty: 2 Medium Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

41.

Which of the following states that it is illegal for an employer to refuse to hire an individual or otherwise discriminate against this individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin?

A. Unlawful Corporate Payments Act of 1977 B. Federal Employers' Liability Act C. Executive Order 11246 D. Executive Order 1148 E. Title VII of the Civil Rights Act of 1964


Title VII states that it is illegal for an employer to "(1) fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin, or (2) to limit, segregate, or classify his employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual's race, color, religion, sex, or national origin."

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

42.

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of _____.

A. 30 B. 35 C. 40 D. 18 E. 15 Passed in 1967 and amended in 1986, the Age Discrimination in Employment Act prohibits discrimination against employees over the age of 40. The act almost exactly mirrors Title VII in terms of its substantive provisions and the procedures to be followed in pursuing a case.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

43.

Which of the following is responsible for enforcing the Age Discrimination in Employment Act?

A. Equal Employment Opportunity Commission B. Office of Federal Contract Compliance Programs


C. U.S. Department of Commerce D. Independent Regulatory Commission E. U.S. Department of Labor The Equal Employment Opportunity Commission is responsible for enforcing the Age Discrimination in Employment Act (ADEA). The ADEA was designed to protect older employees when a firm reduces its workforce through layoffs.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

44.

The Vocational Rehabilitation Act of 1973 is enforced by the _____.

A. Office of Federal Contract Compliance Programs B. U.S. Department of Health C. Equal Employment Opportunity Commission D. U.S. Department of Commerce E. Employment Standards Administration of the Department of Labor

The Vocational Rehabilitation Act of 1973 covers executive agencies as well as contractors and subcontractors that receive more than $2,500 annually from the federal government. It requires them to engage in affirmative action for individuals with disabilities. Congress designed this act to encourage employers to actively recruit qualified individuals with disabilities and to make reasonable accommodations to allow them to become active members of the labor market. The Employment Standards Administration of the Department of Labor enforces this act.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation


45.

Under the Americans with Disabilities Act of 1990, what is the damage limit for a firm that employs 14 to 100 employees?

A. $30,000 B. $150,000 C. $50,000 D. $450,000 E. $200,000 Under the Americans with Disabilities Act of 1990, the damage limit for a firm that employs 14 to 100 employees is $50,000.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation

46.

Which of the following is considered a disability under the Americans with Disabilities Act?

A. Cosmetic disfigurement B. Obesity C. Substance abuse D. Eye color E. Lefthandedness

The Americans with Disabilities Act covers specific physiological disabilities such as cosmetic disfigurement and anatomical loss affecting the neurological, musculoskeletal, sensory, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic, or lymphatic systems. However, conditions such as obesity, substance abuse, eye and hair color, and lefthandedness are not covered.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember

Difficulty: 2 Medium Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Congressional Legislation


47.

Which of the following is a disability under the Americans with Disabilities Act?

A. Lefthandedness B. Substance abuse C. Eye and hair color D. Heart disease E. Obesity

The Americans with Disabilities Act covers specific physiological disabilities such as cosmetic disfigurement and anatomical loss affecting the neurological, musculoskeletal, sensory, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic, or lymphatic systems. However, conditions such as obesity, substance abuse, eye and hair color, and lefthandedness are not covered.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Executive Orders

48.

Directives issued and amended unilaterally by the president are known as:

A. judicial decisions. B. presidential vetoes. C. presidential bills. D. executive orders. E. constitutional amendments. Executive orders are directives issued and amended unilaterally by the president. These orders do not require congressional approval, yet they have the force of law.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Executive Orders


49.

Executive order 11246, which prohibits discrimination based on race, color, religion, sex, and national origin, is enforced by the:

A. Office of Federal Contract Compliance Programs. B. U.S. Office of Personnel Management. C. Equal Employment Opportunity Commission. D. United States Court of Federal Claims. E. U.S. Department of Commerce. President Johnson issued executive order 11246 that prohibits discrimination based on race, color, religion, sex, and national origin. The Office of Federal Contract Compliance Programs enforces this executive order.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Executive Orders

50.

Executive order 11478 requires the federal government to:

A. prevent reverse discrimination by abolishing affirmative action. B. base all its employment policies on merit and fitness. C. prevent privatization of banking and financial services. D. base all its selections on methods such as quantitative techniques. E. abolish personal interviews as a method of selecting federal employees. President Richard M. Nixon issued executive order 11478 that requires the federal government to base all its employment policies on merit and fitness, and specifies that race, color, sex, religion, and national origin should not be considered.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Executive Orders


51.

The U.S. Office of Personnel Management is in charge of the:

A. executive order 11246. B. Pregnancy Discrimination Act. C. executive order 11478. D. Equal Pay Act of 1963. E. Americans with Disabilities Act. The U.S. Office of Personnel Management is in charge of executive order 11478. The order extends to all contractors and subcontractors doing $10,000 worth of business with the federal government.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws. Topic: Executive Orders

52.

Which of the following agencies is responsible for enforcing Title VII of the Civil Rights Act and the Americans with Disabilities Act?

A. U.S. Department of Commerce B. Equal Employment Opportunity Commission C. Office of Federal Contract Compliance Programs D. U.S. Department of Labor E. U.S. Office of Personnel Management The Equal Employment Opportunity Commission is an independent federal agency and is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission


53.

Which of the following agencies is responsible for investigating and resolving discrimination complaints, gathering information, and issuing guidelines?

A. Equal Employee Opportunity Commission B. U.S. Department of Labor C. Office of Federal Contract Compliance Programs D. U.S. Department of Commerce E. Labor Commission The Equal Employment Opportunity Commission is an independent federal agency and is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act. It has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

54.

Individuals who feel they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency within _____ days of the incident. A. 30 B. 60 C. 180 D. 270 E. 365 Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident. Failure to file a complaint within 180 days results in the case's being dismissed immediately, with certain exceptions.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission


55.

After the Equal Employment Opportunity Commission (EEOC) has taken responsibility for investigating a claim of discrimination, the complainant must give the EEOC _____ days to investigate the complaint.

A. 30 B. 60 C. 90 D. 120 E. 180 A complainant must give the EEOC 60 days to investigate the complaint. If the EEOC either does not believe the complaint to be valid or fails to complete the investigation, the complainant may sue in federal court.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

56.

Which of the following is true about how the Equal Employment Opportunity Commission (EEOC) responds to a claim of discrimination?

A. If the EEOC determines that discrimination has taken place in a private firm, it can investigate the discrimination but cannot file a suit. B. If the EEOC either does not believe a complaint to be valid or fails to complete the investigation, it issues a ruling preventing the complainant from pursuing legal action in federal court. C. If the EEOC cannot come to an agreement with an offending employer, it can issue a "right to sue" letter to the alleged victim. D. If the EEOC cannot come to an agreement with an offending employer, it will collect a hefty fine that it will pass on to the complainant. E. If the EEOC discovers any discriminatory practice, it will urge the federal government to bar the offending firm from doing business with federal agencies.

If the EEOC cannot come to an agreement with an organization, it has two options. First, it can issue a "right to sue" letter to the alleged victim, which certifies that the agency has investigated and found validity in the victim's allegations. Second, although less likely, the agency may aid the alleged victim in bringing suit in federal court.


AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Understand Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

57.

Which of the following best describes the consent decree that the Equal Employment Opportunity Commission (EEOC) enters into with an organization that has been found to be discriminating?

A. It is a decree that permits a victim to sue the organization that has victimized him/her based on color, religion, gender or place of birth. B. It is a decree through which the organization agrees to furnish the details regarding the extent of diversity amongst its staff. C. It is a decree through which the organization accepts it has committed discrimination without imposing any requirements to prevent discrimination in the future. D. It is an agreement between the EEOC and the organization that the organization will cease certain discriminatory practices. E. It is an agreement that binds the organization to respect the rights of its employees to give consent to the nature of conditions at the workplace.

Sometimes the EEOC enters into a consent decree with a discriminating organization. This decree is an agreement between the agency and the organization that the organization will cease certain discriminatory practices and possibly institute additional affirmative action practices to rectify its history of discrimination.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission


58.

Each year organizations with a minimum of _____ employees must file an EEO-1 report with the Equal Employment Opportunity Commission.

A. 60 B. 100 C. 50 D. 80 E. 25

Each year organizations with 100 or more employees must file a report (EEO-1) with the EEOC that provides the number of women and minorities employed in nine different job categories. The EEOC computer analyzes these reports to identify patterns of discrimination that can then be attacked through class-action suits.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

59.

The _____ is a set of guidelines that provides guidance on the ways an organization should develop and administer recruitment systems so as not to violate Title VII.

A. Uniform Guidelines on Employee Selection Procedures B. Guidelines for Employment Security C. Guidelines for Employee Facilities D. Uniform Guidelines for Voluntary Early Retirement E. Uniform Guidelines for Job Design and Job Description

The Uniform Guidelines on Employee Selection Procedures is a set of guidelines issued by the EEOC, the Department of Labor, the Department of Justice, and the U.S. Civil Service Commission. This document provides guidance on the ways an organization should develop and administer selection systems so as not to violate Title VII.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember

Difficulty: 2 Medium


Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Equal Employment Opportunity Commission

60.

Which of the following agencies or institutions is responsible for enforcing the executive orders that cover companies doing business with the federal government?

A. U.S. District Court B. Office of Federal Contract Compliance Programs C. Equal Employment Opportunity Commission D. U.S. Department of Commerce E. Centre for Civil and Human Rights

The Office of Federal Contract Compliance Programs (OFCCP) is the agency responsible for enforcing the executive orders that cover companies doing business with the federal government. Businesses with contracts for more than $50,000 cannot discriminate in employment based on race, color, religion, national origin, or sex, and they must have a written affirmative action plan on file.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Office of Federal Contract Compliance Programs

61.

The _____ compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply.

A. contingency analysis B. matrix analysis C. path goal analysis D. differential analysis E. utilization analysis

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


Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Office of Federal Contract Compliance Programs

62.

Goals and timetables in an affirmative action plan:

A. compare the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply. B. specify the amount that an organization has spent to train an employee. C. define whether an employee can be a member of any of the labor unions. D. specify the percentage of women and minorities that an employer seeks to have in each job group. E. define the minimum standards that an employee should have to be part of an organization.

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

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Office of Federal Contract Compliance Programs

63.

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

A. utilization analysis B. goal C. consent decree D. timetable E. list of action steps

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


AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Office of Federal Contract Compliance Programs

64.

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

A. Debarment B. General warning C. Right to sue letter D. Class-action suits E. Specific treatment

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

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws. Topic: Office of Federal Contract Compliance Programs

65.

Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following statements would both negate Jason's case and support Virgo's case?

A. Virgo deals in building equipment that requires a certified welder and Jason is a certified welder. B. Virgo deals in building equipment that requires a certified welder and Robert is a certified welder. C. Virgo has had a history of discrimination. D. Virgo has never had a history of discrimination.


E. Virgo deals in building equipment that requires a certified welder and Jason is not a certified welder.

At a prima facie level, a case for disparate treatment alleges that an individual is member of a protected group, was qualified for the job, and was turned down for the job, and the job remained open. For the employer to defend his position, he will need to offer a legitimate, nondiscriminatory reason for the employment decision or show a bona fide occupational qualification (BFOQ). In this scenario, Virgo dealt with building equipment that required a certified welder, and as Jason was not a certified welder, it was unable to hire him.

AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Difficulty: 3 Hard Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatmen

66.

Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline. Despite both having similar profiles, Michael was hired but Mohammad was not, and the airline continued to look for other potential trainee pilots. In this case, Mohammad is a possible victim of:

A. sexual harassment. B. quid pro quo harassment. C. disparate treatment. D. disparate impact. E. racial discrimination.

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

AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Difficulty: 2 Medium Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatment


67.

The director of a movie auditions only white males to play the role of Abraham Lincoln in a biographical film on Lincoln's life. This is an example of:

A. reasonable accommodation. B. disparate treatment. C. quid pro quo. D. bona fide occupational qualification. E. disparate impact. A bona fide occupational qualification is a job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job.

AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Difficulty: 2 Medium Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatment

68.

In a _____ case, the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination.

A. prima facie B. disparate impact C. reasonable accommodation D. quid pro quo E. mixed-motive In a mixed-motive case, the defendant acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Treatment


69.

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

A. Disparate impact B. Reasonable accommodation C. Quid pro quo D. Internal discrimination E. Disparate treatment

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

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Impact

70.

A hotel in Florida has instituted a policy to hire individuals living in close proximity to the hotel premises to reduce instances of employees coming in late. As the area surrounding the hotel is predominantly populated with individuals of Hispanic origin, the Caucasian and African-American communities became underrepresented in the hotel's workforce. This is an example of:

A. reverse discrimination. B. disparate impact. C. disparate treatment. D. reasonable accommodation. E. sexual harassment.

Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities. A facially neutral employment practice is one that lacks obvious discriminatory content yet affects one group to a greater extent than other groups, such as an employment test. AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Difficulty: 2 Medium Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations. Topic: Disparate Impact

Test Bank for Human Resource Management Gaining A Competitive Advantage 9th Edition by Noe Hollenbec  

link full download: https://bit.ly/2BUpvgp Product Details: ISBN-13: 978-0078112768 9780078112768 ISBN-10: 0078112761 Au...

Test Bank for Human Resource Management Gaining A Competitive Advantage 9th Edition by Noe Hollenbec  

link full download: https://bit.ly/2BUpvgp Product Details: ISBN-13: 978-0078112768 9780078112768 ISBN-10: 0078112761 Au...

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