test bank solutions human resource management gaining a competitive advantage 9th edition

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Test Bank Solutions Human Resource Management Gaining A

Competitive Advantage 9th Edition

Completed download: https://testbankarea.com/download/814 Solutions manual for Human Resource Management 9th Edition by

Raymond Noe, John Hollenbeck, Barry Gerhart, Patrick Wright

Completed download: https://testbankarea.com/download/813

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

https://testbankarea.com/download/814

https://testbankarea.com/download/813

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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

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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

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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

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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.

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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.

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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

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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



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

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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

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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

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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.

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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



E. Labor Commission

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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.

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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

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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




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.

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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.

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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

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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.


D. reasonable accommodation.

E. sexual harassment.

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

A. The discriminating individual's intent is irrelevant in disparate treatment.

B. For there to be discrimination under disparate treatment, there has to be intentional discrimination.

C. A selection practice that results in disparate impact is necessarily illegal in nature.

D. The four-fifths rule for discrimination is not applicable to disparate impact.

E. In a disparate impact case, the defendant is required to pay compensatory and punitive damages

to the plaintiff.

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72. Under _____, intent is irrelevant.

A. disparate treatment

B. disparate impact

C. racial discrimination

D. gender discrimination

E. disparate discrimination

73. Which of the following rules states that an employment test has disparate impact if the hiring rate for

a minority group is less than eighty percent of the hiring rate for the majority group?

A. Standard deviation rule

B. Mixed-motive rule

C. Prima facie rule

D. Four-fifths rule

E. Business necessity rule

74. Which of the following analyses uses the difference between the expected representation for minority

groups and the actual representation to determine whether the difference between these two values

is greater than would occur by chance?

A. Utilization rule


C. Prima facie rule

D. Standard deviation rule

E. Four-fifths rule

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

case, the _____.

A. defendant is punished for engaging in discrimination

B. plaintiff is asked to present witnesses for his case

C. defendant is asked to pay punitive damages

D. burden of proof shifts to the defendant

E. defendant is freed from conviction for discrimination

76. In showing class action _____ lawsuits, the plaintiffs show some statistical disparities between the

composition of some group within the company compared to some other relevant group.

A. pattern and practice

B. disparate impact

C. disparate treatment

D. reasonable accommodation

E. quid pro quo

77. If a plaintiff feels that there are individual acts of intentional discrimination in his firm that have led to a

statistical disparity in the firm, and this disparity is a function of a larger culture of discrimination.

Which of the following lawsuits is he most likely to file?

A. Reasonable accommodation

B. Pattern and practice

C. Disparate treatment

D. Quid pro quo

E. Disparate impact

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78. Which of the following refers to an organization's efforts to make usable facilities readily accessible to

individuals with disabilities?

A. Disparate treatment

B. Disparate impact

C. Reasonable accommodation

D. Pattern and performance

E. Quid pro quo

79. Which of the following acts states that employers cannot retaliate against employees for either

"opposing" a perceived illegal employment practice or "participating in a proceeding" related to an

alleged illegal employment practice?

A. Equal Pay Act

B. Fair Labor Standards Act

C. Lilly Ledbetter Fair Pay Act

D. Title VII of the Civil Rights Act of 1964

E. Vocational Rehabilitation Act

80. Jane has resisted advances from her male boss, who is interested in pursuing a sexual relationship

with her. In addition, he has been withholding her promotions for more than a year for this reason

alone. Jane can sue her boss for _____.

A. sexual harassment

B. reasonable accommodation

C. pattern and practice

D. disparate impact

E. disparate treatment

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81. Jake is the manager at a restaurant and offers to promote Linda, a waitress at the same restaurant, in

return for sexual favors. This is an example of _____.

A. reasonable accommodation

B. glass ceiling


D. prima facie

E. quid pro quo harassment

82. Anna's boss terminated her employment because she did not submit to his sexual advances. Anna is

a victim of:



C. glass ceiling.


E. affirmative action.

83. Saturn Inc., a large manufacturing firm, is a male dominated organization. Julia, who works for

Saturn, interacts predominantly with male employees, who frequently make sexist remarks. This is an

example of:


B. disparate impact

C. glass ceiling

D. quid pro quo

E. hostile working environment

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84. Which of the following is a form of sexual harassment that involves employees using offensive

sexually explicit language, or using sex-related jokes or innuendoes in conversations?

A. Sexual abuse

B. Quid pro quo

C. Rape

D. Domestic violence

E. Hostile working environment


applying the standards, and levying fines to the _____.

A. Department of Health

B. National Institute for Occupational Safety and Health

C. Centre for Disease Control and Prevention

D. Occupational Safety and Health Review Commission

E. Department of Labor

86. The main provision of the Occupational Safety and Health Act states that each employer should

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:

A. general duty clause.

B. employer clause.

C. employee clause.

D. first aid clause.

E. national consensus clause.

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87. Bloom Corp. is a firm whose workers work in an old facility; its employees request a government

inspection to ensure that they are not exposed to any hazardous materials while working in the

facility. Which of the following acts gives them the right to do so?

A. Rehabilitation Act

B. Civil Rights Act

C. Occupational Safety and Health Act

D. Equal Pay Act

E. Title VII of Civil Rights Act

88. The Occupational Safety and Health Act requires employers to keep records of deaths, injuries, and

illnesses if they have _____ or more full-time or part-time employees.

A. 100

B. 50

C. 51

D. 11

E. 25

89. The _____ breaks down each job into basic elements and rates each of the elements for its potential

for harm or injury.

A. technic of operations review

B. domino analysis

C. multilinear events sequencing

D. change analysis

E. job hazard analysis technique

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90. The _____ is an analysis methodology that helps managers determine which specific element of a job

led to a past accident.

A. domino analysis

B. technic of operations review

C. job hazard analysis technique

D. multilinear events sequencing

E. change analysis

Essay Questions

91. Discuss the roles and responsibilities of the legislative branch, the executive branch, and the judicial

branch.

92. Discuss the three major responsibilities of the Equal Employment Opportunity Commission.

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93. What are the components of an affirmative action plan?

94. Distinguish between disparate treatment and disparate impact.

95. Define the four-fifths rule and the standard deviation rule.

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96. What are the three things that a plaintiff attempts to show in a class action pattern and practice

lawsuit?

97. What is the main point of difference between reasonable accommodation and disparate treatment

and disparate impact?

98. What are some of the important steps that an organization can follow to ensure a workplace free from

sexual harassment?

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99. Discuss the four major components of an Occupational Safety and Health Act inspection.

100. Discuss the three primary components to a safety awareness program.

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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

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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


Blooms: Remember

Difficulty: 1 Easy



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


Blooms: Remember

Difficulty: 1 Easy



Topic: Judicial Branch

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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


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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


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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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.

Topic: Executive Orders

3-33

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


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


Blooms: Remember

Difficulty: 1 Easy




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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


Blooms: Remember

Difficulty: 1 Easy




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


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

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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


Blooms: Remember

Difficulty: 1 Easy




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


Blooms: Remember

Difficulty: 1 Easy




3-36

14. In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but


motive.

FALSE

In a mixed-motive case, the defendant acknowledges that some discriminatory motive existed but


motive.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




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


Blooms: Remember

Difficulty: 1 Easy



Topic: Disparate Impact

3-37

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


Blooms: Remember

Difficulty: 1 Easy




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


Blooms: Remember

Difficulty: 1 Easy



Topic: Reasonable Accommodation

3-38

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


Blooms: Remember

Difficulty: 1 Easy




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


Blooms: Remember

Difficulty: 1 Easy

Learning Objective: 03-05 Discuss the legal issues involved with preferential treatment programs.

Topic: Retaliation for Participation and Opposition

3-39

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


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


Blooms: Remember

Difficulty: 1 Easy




3-40

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


Blooms: Remember

Difficulty: 1 Easy



Topic: Affirmative Action and Reverse Discrimination


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


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

3-41

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


Blooms: Remember

Difficulty: 1 Easy




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


Blooms: Remember

Difficulty: 1 Easy



Topic: Safety Awareness Programs

Multiple Choice Questions

3-42

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


Blooms: Remember

Difficulty: 1 Easy




3-43

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


Blooms: Remember

Difficulty: 1 Easy




3-44

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


Blooms: Remember

Difficulty: 1 Easy



Topic: Legislative Branch

3-45

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


Blooms: Remember

Difficulty: 1 Easy




3-46

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


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


Blooms: Remember

Difficulty: 1 Easy




3-47

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


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


Blooms: Remember

Difficulty: 1 Easy




3-48

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


Blooms: Remember

Difficulty: 1 Easy




3-49

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


Blooms: Remember

Difficulty: 1 Easy



Topic: Judicial Branch

3-50

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.

Topic: Constitutional Amendments

3-51

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-52

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-53

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

A. same property rights as white citizens



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


Blooms: Remember

Difficulty: 2 Medium


each of these laws.


3-54

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

A. freedom from cruel and unusual punishments



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


Blooms: Remember



each of these laws.


3-55

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-56

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


Blooms: Remember



each of these laws.


3-57

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-58

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-59

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

A. Equal Employment Opportunity Commission


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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-60

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

A. Office of Federal Contract Compliance Programs

B. U.S. Department of Health



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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-61

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-62

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


Blooms: Remember



each of these laws.


3-63

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-64

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-65

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-66

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-67

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


Blooms: Remember

Difficulty: 1 Easy


each of these laws.


3-68

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


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


Blooms: Remember

Difficulty: 1 Easy




3-69

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



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


Blooms: Remember

Difficulty: 1 Easy




3-70

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


Blooms: Remember

Difficulty: 1 Easy




3-71

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


Blooms: Remember

Difficulty: 1 Easy




3-72

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


Blooms: Understand

Difficulty: 1 Easy




3-73

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


Blooms: Remember

Difficulty: 1 Easy




3-74

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


Blooms: Remember

Difficulty: 1 Easy




3-75

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


Blooms: Remember





3-76

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




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


Blooms: Remember

Difficulty: 1 Easy



Topic: Office of Federal Contract Compliance Programs

3-77

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


Blooms: Remember

Difficulty: 1 Easy




3-78

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


Blooms: Remember

Difficulty: 1 Easy




3-79

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


Blooms: Remember

Difficulty: 1 Easy




3-80

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


Blooms: Remember

Difficulty: 1 Easy




3-81

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


Blooms: Apply

Difficulty: 3 Hard




3-82

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.




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.



Blooms: Apply





3-83

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:


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.



Blooms: Apply





3-84

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


motive.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-85

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


Blooms: Remember

Difficulty: 1 Easy




3-86

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.


D. reasonable accommodation.

E. sexual harassment.







Blooms: Apply





3-87

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

A. The discriminating individual's intent is irrelevant in disparate treatment.

B. For there to be discrimination under disparate treatment, there has to be intentional

discrimination.

C. A selection practice that results in disparate impact is necessarily illegal in nature.

D. The four-fifths rule for discrimination is not applicable to disparate impact.

E. In a disparate impact case, the defendant is required to pay compensatory and punitive

damages to the plaintiff.

There is an important distinction between disparate impact and disparate treatment discrimination.

For there to be discrimination under disparate treatment, there has to be intentional discrimination.

Under disparate impact, intent is irrelevant.

AACSB: Analytic


Blooms: Understand

Difficulty: 1 Easy




3-88

72. Under _____, intent is irrelevant.


B. disparate impact

C. racial discrimination

D. gender discrimination

E. disparate discrimination

Under disparate impact, intent is irrelevant. The important criterion is that the consequences of the

employment practice are discriminatory.

AACSB: Analytic


Blooms: Remember





3-89

73. Which of the following rules states that an employment test has disparate impact if the hiring rate

for a minority group is less than eighty percent of the hiring rate for the majority group?

A. Standard deviation rule


C. Prima facie rule

D. Four-fifths rule

E. Business necessity rule



AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-90

74. Which of the following analyses uses the difference between the expected representation for

minority groups and the actual representation to determine whether the difference between these

two values is greater than would occur by chance?

A. Utilization rule


C. Prima facie rule

D. Standard deviation rule

E. Four-fifths rule





AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-91

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

impact case, the _____.

A. defendant is punished for engaging in discrimination

B. plaintiff is asked to present witnesses for his case

C. defendant is asked to pay punitive damages

D. burden of proof shifts to the defendant

E. defendant is freed from conviction for discrimination

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

impact case, the burden of proof shifts to the defendant, who must show that the employment

practice is a "business necessity." This is accomplished by showing that the practice bears a

relationship with some legitimate employer goal.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-92

76. In showing class action _____ lawsuits, the plaintiffs show some statistical disparities between the

composition of some group within the company compared to some other relevant group.

A. pattern and practice

B. disparate impact


D. reasonable accommodation

E. quid pro quo

In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things.

First, they show some statistical disparities between the composition of some group within the

company compared to some other relevant group. Second, the plaintiff tries to show that there are

individual acts of intentional discrimination that suggest that the statistical disparity is a function of

the larger culture. Finally, the plaintiff usually tries to make the case that the promotion and/or pay

procedures leave too much discretion to managers, providing the avenue through which their

unconscious biases can play a part.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy



Topic: Pattern and Practice

3-93

77. If a plaintiff feels that there are individual acts of intentional discrimination in his firm that have led

to a statistical disparity in the firm, and this disparity is a function of a larger culture of

discrimination. Which of the following lawsuits is he most likely to file?

A. Reasonable accommodation

B. Pattern and practice

C. Disparate treatment

D. Quid pro quo

E. Disparate impact

In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things.

First, they show some statistical disparities between the composition of some group within the

company compared to some other relevant group. Second, the plaintiff tries to show that there are

individual acts of intentional discrimination that suggest that the statistical disparity is a function of

the larger culture. Finally, the plaintiff usually tries to make the case that the promotion and/or pay

procedures leave too much discretion to managers, providing the avenue through which their

unconscious biases can play a part.

AACSB: Analytic


Blooms: Understand

Difficulty: 1 Easy




3-94

78. Which of the following refers to an organization's efforts to make usable facilities readily

accessible to individuals with disabilities?

A. Disparate treatment

B. Disparate impact

C. Reasonable accommodation

D. Pattern and performance

E. Quid pro quo

Reasonable accommodation places a special obligation on an employer to affirmatively do

something to accommodate an individual's disability or religion. Making facilities readily accessible

to and usable by individuals with disabilities is referred to as reasonable accommodation.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-95

79. Which of the following acts states that employers cannot retaliate against employees for either

"opposing" a perceived illegal employment practice or "participating in a proceeding" related to an

alleged illegal employment practice?

A. Equal Pay Act

B. Fair Labor Standards Act

C. Lilly Ledbetter Fair Pay Act

D. Title VII of the Civil Rights Act of 1964

E. Vocational Rehabilitation Act

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. Opposition refers to expressing to someone

through proper channels that you believe that an illegal employment act has taken place or is

taking place.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy

Learning Objective: 03-05 Discuss the legal issues involved with preferential treatment programs.

Topic: Retaliation for Participation and Opposition

3-96

80. Jane has resisted advances from her male boss, who is interested in pursuing a sexual

relationship with her. In addition, he has been withholding her promotions for more than a year for

this reason alone. Jane can sue her boss for _____.

A. sexual harassment

B. reasonable accommodation

C. pattern and practice

D. disparate impact

E. disparate treatment

Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways:

quid pro quo and hostile working environment.



Blooms: Apply

Difficulty: 1 Easy




3-97

81. Jake is the manager at a restaurant and offers to promote Linda, a waitress at the same

restaurant, in return for sexual favors. This is an example of _____.

A. reasonable accommodation

B. glass ceiling


D. prima facie

E. quid pro quo harassment

"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. For example, a male

manager tells his female secretary that if she has sex with him, he will help her get promoted, or

he threatens to fire her if she fails to do so.



Blooms: Apply

Difficulty: 1 Easy




3-98

82. Anna's boss terminated her employment because she did not submit to his sexual advances.

Anna is a victim of:



C. glass ceiling.


E. affirmative action.

"Quid pro quo" harassment occurs when some kind of benefit (or punishment) is made contingent

on the employee's submitting (or not submitting) to sexual advances.



Blooms: Apply





3-99

83. Saturn Inc., a large manufacturing firm, is a male dominated organization. Julia, who works for

Saturn, interacts predominantly with male employees, who frequently make sexist remarks. This is

an example of:


B. disparate impact

C. glass ceiling

D. quid pro quo

E. hostile working environment

One form of sexual harassment is "hostile working environment." This occurs when someone's

behavior in the workplace creates an environment that makes it difficult for someone of a

particular sex to work.



Blooms: Apply

Difficulty: 1 Easy




3-100

84. Which of the following is a form of sexual harassment that involves employees using offensive

sexually explicit language, or using sex-related jokes or innuendoes in conversations?

A. Sexual abuse

B. Quid pro quo

C. Rape

D. Domestic violence

E. Hostile working environment

A subtle, and possibly pervasive, form of sexual harassment is "hostile working environment." This

occurs when someone's behavior in the workplace creates an environment that makes it difficult

for someone of a particular sex to work. Many plaintiffs in sexual harassment lawsuits have

alleged that men ran their fingers through the plaintiffs' hair, made suggestive remarks, and

physically assaulted them by touching their intimate body parts. Other examples include having

pictures of naked women posted in the workplace, using offensive sexually explicit language, or

using sex-related jokes or innuendoes in conversations.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-101


applying the standards, and levying fines to the _____.

A. Department of Health

B. National Institute for Occupational Safety and Health

C. Centre for Disease Control and Prevention

D. Occupational Safety and Health Review Commission

E. Department of Labor

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


Blooms: Remember

Difficulty: 1 Easy




3-102

86. The main provision of the Occupational Safety and Health Act states that each employer should

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:

A. general duty clause.

B. employer clause.

C. employee clause.

D. first aid clause.

E. national consensus clause.

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


Blooms: Remember

Difficulty: 1 Easy




3-103

87. Bloom Corp. is a firm whose workers work in an old facility; its employees request a government

inspection to ensure that they are not exposed to any hazardous materials while working in the

facility. Which of the following acts gives them the right to do so?

A. Rehabilitation Act

B. Civil Rights Act

C. Occupational Safety and Health Act

D. Equal Pay Act

E. Title VII of Civil Rights Act

As per the Occupational Safety and Health Act, employees have the right to: (1) request an

inspection, (2) have a representative present at an inspection, (3) have dangerous substances

identified, (4) be promptly informed about exposure to hazards and be given access to accurate

records regarding exposures, and (5) have employer violations posted at the work site.



Blooms: Apply





3-104

88. The Occupational Safety and Health Act requires employers to keep records of deaths, injuries,

and illnesses if they have _____ or more full-time or part-time employees.

A. 100

B. 50

C. 51

D. 11

E. 25

During an Occupational Safety and Health Act (OSHA) inspection, the compliance officer reviews

the employer's records of deaths, injuries, and illness. OSHA requires this kind of record keeping

from all firms with 11 or more full- or part-time employees.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-105

89. The _____ breaks down each job into basic elements and rates each of the elements for its

potential for harm or injury.

A. technic of operations review

B. domino analysis

C. multilinear events sequencing

D. change analysis

E. job hazard analysis technique

Employees, supervisors, and other knowledgeable sources need to sit down and discuss potential

problems related to safety. The job hazard analysis technique is one means of accomplishing this.

With this technique, each job is broken down into basic elements, and each of these is rated for its

potential for harm or injury.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




3-106

90. The _____ is an analysis methodology that helps managers determine which specific element of a

job led to a past accident.

A. domino analysis

B. technic of operations review

C. job hazard analysis technique

D. multilinear events sequencing

E. change analysis

The technic of operations review (TOR) is an analysis methodology that helps managers

determine which specific element of a job led to a past accident. The first step in a TOR analysis is

to establish the facts surrounding the incident.

AACSB: Analytic


Blooms: Remember

Difficulty: 1 Easy




Essay Questions

3-107

91. Discuss the roles and responsibilities of the legislative branch, the executive branch, and the

judicial branch.

The legislative branch: This branch of the federal government consists of the House of

Representatives and the Senate. These bodies develop and pass laws that govern many human

resource management activities. Most of the laws stem from a perceived societal need.

The executive branch: 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.

The president: (1) can propose bills to Congress that, if passed, would become laws, (2) has the

power to veto laws passed by Congress, (3) through the control of regulatory agencies within

his/her authority, can influence what types of violations are pursued, (4) can issue executive

orders, and (5) appoints all the judges in the federal judicial system, subject to the approval of the

legislative branch.

The judicial branch: This branch consists of the federal court system, which is made up of three

levels: (1) U.S. District Courts and quasi-judicial administrative agencies, (2) U.S. Courts of

Appeals, and (3) the U.S. Supreme Court. The judicial branch interprets and enforces the laws.

AACSB: Analytic

Blooms: Understand





3-108

92. Discuss the three major responsibilities of the Equal Employment Opportunity Commission.

The Equal Employment Opportunity Commission (EEOC) has three major responsibilities:

investigating and resolving discrimination complaints, gathering information, and issuing

guidelines.

(1) Investigation and resolution: 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. Once the

complaint is filed, the EEOC takes responsibility for investigating the claim of discrimination.

(2) Information gathering: 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.

(3) Issuance of guidelines: A third responsibility of the EEOC is to issue guidelines that help

employers determine when their decisions are violations of the laws enforced by the EEOC. These

guidelines are not laws themselves, but the courts give great deference to them when hearing

employment discrimination cases.

AACSB: Analytic

Blooms: Understand





3-109

93. What are the components of an affirmative action plan?

An affirmative action plan has the following three basic components:

(1) Utilization analysis: This compares the race, sex, and ethnic composition of an employer's

workforce with that of the available labor supply.

(2) Goals and timetables: These 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.

(3) Action steps: This is a list of the things that an organization will take toward attaining its goals.

AACSB: Analytic

Blooms: Remember

Difficulty: 1 Easy




3-110

94. Distinguish between disparate treatment and disparate impact.

Disparate treatment exists when individuals in similar situations are treated differently, and the

differential 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 whom to hire based on one individual's race, the individual not hired is a victim of

disparate treatment.





AACSB: Analytic

Blooms: Understand




Topic: Types of Discrimination

95. Define the four-fifths rule and the standard deviation rule.







AACSB: Analytic

Blooms: Remember

Difficulty: 1 Easy




3-111

96. What are the three things that a plaintiff attempts to show in a class action pattern and practice

lawsuit?

In showing a class action pattern and practice lawsuit, a plaintiff attempts to show three things:

(1) The plaintiff shows some statistical disparities between the composition of some group within

the company compared to some other relevant group.

(2) The plaintiff tries to show that there are individual acts of intentional discrimination that suggest

that the statistical disparity is a function of the larger culture.

(3) The plaintiff usually tries to make the case that the promotion and/or pay procedures leave too

much discretion to managers, providing the avenue through which their unconscious biases can

play a part.

AACSB: Analytic

Blooms: Remember

Difficulty: 1 Easy




97. What is the main point of difference between reasonable accommodation and disparate treatment

and disparate impact?

Reasonable accommodation differs from disparate treatment and disparate impact in that 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

Blooms: Understand





3-112

98. What are some of the important steps that an organization can follow to ensure a workplace free

from sexual harassment?

To ensure a workplace free from sexual harassment, an organization can follow some important

steps:

(1) It can develop a policy statement that makes it very clear that sexual harassment will not be

tolerated.

(2) It can train all employees to identify inappropriate workplace behavior.

(3) It can develop a mechanism for reporting incidents of harassment.

(4) Its management can prepare to take prompt disciplinary action with those who commit sexual

harassment as well as appropriate action to protect the victims of sexual harassment.

AACSB: Analytic

Blooms: Understand





3-113

99. Discuss the four major components of an Occupational Safety and Health Act inspection.

An Occupational Safety and Health Act (OSHA) inspection has four major components:

(1) A compliance officer reviews the employer's records of death, injuries, and illnesses. OSHA

requires this kind of record keeping from all firms with 11 or more full- or part-time employees.

(2) The officer, typically accompanied by a representative of the employer (and perhaps by a

representative of the employees), conducts a walkaround tour of the employer's premises. On this

tour, the officer notes any conditions that may violate specific published standards or the less

specific general duty clause.

(3) The officer may conduct employee interviews during the tour. At this time, any person who is

aware of a violation can bring it to the attention of the officer.

(4) The officer holds a closing conference to discuss the findings with the employer, noting any

violations. If a violation represents imminent danger, the officer may, through the Department of

Labor, seek a restraining order from a U.S. District Court.

AACSB: Analytic

Blooms: Understand





3-114

100. Discuss the three primary components to a safety awareness program.

The three primary components of a safety awareness program are identifying and communicating

hazards, reinforcing safe practices, and promoting safety internationally.

(1) Identifying and communicating job hazards: Employees, supervisors, and other knowledgeable

sources need to sit down and discuss potential problems related to safety. The job hazard

analysis technique is one means of accomplishing this. Another means of isolating unsafe job

elements is to study past accidents. The technic of operations review (TOR) is an analysis

methodology that helps managers to determine which specific element of a job led to a past

accident. Communication of an employee's risk should take advantage of several media. Direct

verbal supervisory contact is important for its saliency and immediacy. Written memos are

important because they help establish a "paper trail" that can later document a history of concern

regarding the job hazard. Posters, especially those placed near the hazard, serve as a constant

reminder, reinforcing other messages.

(2) Reinforcing safe practices: A common technique for reinforcing safe practices is implementing

a safety incentive program to reward workers for their support and commitment to safety goals.

Initially, programs are set up to focus on improving short-term monthly or quarterly goals or to

encourage safety suggestions. These short-term goals are later expanded to include more wide-

ranging, long-term goals. Prizes are typically distributed in highly public forums (like annual

meetings or events). These prizes usually consist of merchandise rather than cash because

merchandise represents a lasting symbol of achievement.

(3) Promoting safety internationally: Given the increasing focus on international management,

organizations also need to consider how to best ensure the safety of people regardless of the

nation in which they operate. Cultural differences make this more difficult than it seems.

AACSB: Analytic

Blooms: Understand





3-115

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