Professional Documents
Culture Documents
Chapter 3
Understanding Equal Opportunity and the Legal Environment
OBJECTIVE QUESTIONS
1.
2.
E--Recall
Page: 87
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
4.
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
3.
M--Recall
C--Integration
Page: 88
M--Integration
Page: 88
74
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
6.
Page: 89
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 tof these criteria.
e) Ideal behavior strategy claims that, while it is ideal not to resort to illegal
discrimination in employment, that sometimes this behavior is necessary.
Affirmative action is not illegal under any circumstance.
Answer: d
7.
M--Integration
M--Recall
Page: 89
When the Americans with Disabilities Act (ADA) was first put into effect, the
majority of claims filed were by:
a) by job applicants who had suffered discrimination.
b) by pregnant women who had been dismissed because of their pregnancies.
c) by attorneys for gay rights groups.
d) by current employees injured on the job.
e) by Asian-Americans and Hispanic-Americans.
Answer: d
M--Recall
Page: 89
75
8.
9.
Page: 90
10.
M--Recall
C--Integration
Page: 90
M--Recall
Page: 90
76
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
12.
E--Application Page: 90
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 probably a violation of the Equal Pay Act.
e) is probably a violation of Title VII of the Civil Rights Act of 1964.
Answer: e
14.
Page: 90
Dorothy discovers that her employer is paying female managers about 15% less
than male managers with the same responsibilities. Dorothys 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
13.
E--Recall
C--Application Page: 90
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
77
15.
16.
17.
C--Application Page: 91
18.
M--Application Page: 91
E--Recall
Page: 92
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
78
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
20.
21.
M--Application Page: 91
22.
M--Application Page: 91
C--Integration
Page: 91
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
79
23.
24.
C--Application Page: 93
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
26.
Page: 93
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
25.
E--Recall
M--Application Page: 93
E--Recall
Page: 93
80
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
28.
Page: 94
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
29.
M--Recall
E--Application Page: 95
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
Creamerys rules concerning workplace sexual harassment.
e) will revise its zero-tolerance sexual harassment policy.
Answer: c
M--Application Page: 97
81
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. Myrnas 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
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
32.
E--Recall
Page: 96
33.
C--Application Page: 95
M--Recall
Page: 95
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) tThe severity of the discriminatory conduct.
b) Wwhether the conduct interferes with the employees work performance.
c) Tthe frequency of the discriminatory conduct.
d) wWhether the conduct is physically threatening or humiliating.
e) Aall of the above.
Answer: e
M--Recall
Page: 96
82
34.
The Oncale case marked what important decision regarding sexual harassment?
a) Womens sexual harassment of men can be the basis for a sexual harassment
lawsuit.
b) Mens sexual harassment of women is not the basis for a sexual harassment
lawsuit if the woman doesnt report it 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
35.
E--Recall
Page: 97
37.
Page: 96
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
36.
E--Recall
E--Recall
Page: 99
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
83
38.
39.
M--Recall
Page: 99
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 Latyton company.
a) Ppunitive / compensatory
b) dDisciplinary / compensatory
c) compensatory / disciplinary
d) compensatory / punitive
e) restitution / punitive
Answer: d
41.
Page: 99
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
40.
E--Recall
M--Application Page: 99
E--Recall
Page: 99
84
42.
43.
M--Recall
Page: 100
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
45.
Page: 99
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
44.
M--Integration
M--Recall
Page: 100
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
85
46.
47.
M--Recall
Page: 100
Tyrone is a black free-lance 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
86
48.
49.
50.
M--Integration
Page: 102
87
51.
52.
E--Recall
Page: 103
54.
Page: 103
The legislation that laid the foundation for the Americans with Disabilities Act was
the:
a) the Vocational Rehabilitation Act.
b) the Civil Rights Act of 1964.
c) the Pregnancy Discrimination Act.
d) the Age Discrimination in Employment Act.
e) the Equal Pay Act.
Answer: a
53.
E--Recall
M--Recall
Page: 103
88
55.
56.
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
58.
Page: 103
Beau is an agent for the EEOC and he has just received a complaint filed by Samar
against Universal Pharmaceuticals Corp. What is Beaus 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
57.
M--Recall
E--Recall
Page: 104
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
89
59.
60.
M--Recall
Page: 105
62.
Page: 104
61.
M--Recall
C--Integration
Page: 105
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)
Answer: d
90
63.
64.
M--Recall
Page: 105
66.
Page: 105
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
65.
M--Integration
E--Recall
Page: 105
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
91
67.
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
69.
M--Recall
Page: 106
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 tThe Civil Rights Act of 1991 at least
twice in the past.
e) Businesses that have over 50 employees people and earn over $50,000 per year.
Answer: c
E--Recall
Page: 105
92
70.
71.
C--Integration
Page: 106
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
72. The discrimination that may have affected Keramits 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 aAct of 1964.
Answer: e
73.
C--Integration
Page: 106
M--Recall
Page: 106
93
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
75.
C--Integration
Page: 107
Your text mentions _________ as one effect of that 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
77.
Page: 107
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 U.nited 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
76.
C--Integration
E--Recall
Page: 107
M--Recall
Page: 107
94
78. Antonio is in charge of employee recruitment and hiring at a BlueRidge, Inc. How
does the Immigration Reform and Control Act of 1986 affect his responsibilities?
a) Antonio must have 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
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
80.
E--Recall
Page: 108
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
81.
E--Recall
Page: 108
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) Provide Providing training to employees.
d) Establishing an internal complaint resolution process.
e) All of the above
Answer: e
E--Recall
Page: 108
95
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
83.
Page: 108
84.
E--Recall
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
96
85.
86.
87.
M--Recall
Page: 108
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 six6 months.
Answer: b
E--Recall
Page: 109
97
88.
89.
Page: 111
90.
E--Recall
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
98
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
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
93.
What is the potential EEO pitfall in asking an applicant to list all of their hobbies
and organizations to which he/she belongs?
a) This is too familiar a question to be appropriate in a job interview.
b) The iInformation may be given that indicates the applicants 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. in.
e) a and b
Answer: b
M--Integration
Page: 111
99
CASE QUESTIONS
Table 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 Sams company is a federal
contractor.
94.
95.
Page: 95
Refer to TableCase 3.1. Under the Civil Rights Act of 1991, which of the following
is true for Sams 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
96.
Moderate
Easy
Page: 99
Refer to CaseTable 3.1. If an employee sued Sams 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) that 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
100
97.
Refer to CaseTable 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
CaseTable 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 CaseTable 3.2. As the HRM Director, you are meeting with the President
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) that the current situation is okay because it can be "grandfathered in," but you
need tto change it with all future hires and promotions.
b) that the company is in violation of Title VII of the Civil Rights Act of 1964.
c) that you face legal liability because the company is in violation of the Equal
Pay Act of 1963.
d) that the OFCCP is probably monitoring their lack of compliance with HRM law
and will be filing suit against them soon.
e) that 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
101
99.
Refer to CaseTable 3.2. The second issue you raise in the meeting is the current
promotional process used in the company. You inform the pPresident 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 CaseTable 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 CaseTable 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
CaseTable 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.
102
102. Refer to CaseTable 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 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 itthe program.
d) that the University of Massachusetts Medical Center cCase 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 CaseTable 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) that the burden of proof is on the employee, so there is little to worry about.
b) that based on the average size of awards in the past, the employee could receive
approximately $50,000 to $300,000.
c) that the manager responsible could be jailed for up to three years.
d) that the employee can only collect back pay, not punitive or compensatory
damages.
e) that in the case of Gems International, the company was bankrupted by a $1.1
million award.
Answer: b
Challenging
Page: 87
103
104. Refer to CaseTable 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 retrieves 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
CaseTable 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 dDirector. Your predecessor lost her job when she did not anticipate
and then did not handle an HRM-based lawsuit against the company to the presidents
satisfaction. Your president believes that HRM should help the company avoid problems.
You have three primary tasks: to anticipate future problems, to advise management, and
to 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.
And Yyou immediately begin to work on an affirmative action plan because of what you
see happening in the company.
104
105. Refer to CaseTable 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 CaseTable 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 CaseTable 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 CaseTable 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-fifth4/5s
rule.
e) Your company is probably guilty of reverse discrimination.
Answer: d
Easy
Page: 93
105
CaseTable 3.5
Tyra has been the head of HR at S.exy P.roducts, 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.exy P.roducts, 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.exy Products P., Inc. needs to hire a number orf workers.
Tyra has received 70 applications for copy-editing 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 CaseTable 3.5. Fiona has been experiencing sexual harassment at S.exy P.,
Inc. roducts by a female superior. What should be her first course of action?
a) File a complaint with the EEOCO.
b) Report the harassment to HR and begin the companys internal complaint
resolution process.
c) File a complaint with the EEO.
d) Speak with other employees who sheyou suspects of having been sexually
harassed by yheour supervisor.
e) None of the above.
Answer: b
Moderate
Page: 95
110. Refer to CaseTable 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..S.
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
106
111. Refer to CaseTable 3.5. An applicant for a type-setting job at S.exy P.roducts 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 CaseTable 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 CaseTable 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
107
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 ranged 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
108
124. Under the 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 rules claims that a practice has an adverse impact if the hiring rate of
a protected class is greater than four-fifths than 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
109
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 Acts (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
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
110
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
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
111
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
112
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
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
Page:; 106
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
113
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 thatwhich 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
114
162. The Americans with Disabilities Act has been called the most significant HRM civil
rights legislation in this decadethe 1990s. Discuss the essential elements of the
aAct 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 dDisability 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
Page: 106
115