Chapter 2: The Law and Talent Management

Test Bank

Multiple Choice

1. In the United States, the ______ is (are) the supreme law of the land.

A. federal laws

B. Constitution

C. state laws

D. Supreme Court

Learning Objective: 2-1: Describe the framework of the U.S. legal system.

Cognitive Domain: Knowledge

Answer Location: The U.S. Legal System
Difficulty Level: Easy

AACSB: Application of knowledge

2. Statues about worker rights are enacted by the ______ branch of the U.S. government.

A. executive

B. judicial

C. legislative

D. parliamentary

Learning Objective: 2-1: Describe the framework of the U.S. legal system.

Cognitive Domain: Comprehension

Answer Location: The U.S. Legal System
Difficulty Level: Easy

AACSB: Application of knowledge

3. Giving an unfair advantage (or disadvantage) to the members of a particular group in comparison to members of other groups is called ______.

A. harassment

B. stereotypes

C. retaliation

D. discrimination

Learning Objective: 2-3: Explain the two major legal theories of unfair employment discrimination.

Cognitive Domain: Knowledge

Answer Location: Unfair Discrimination: What Is It?

Difficulty Level: Easy

AACSB: Diverse and multicultural work environments

4. The organization uses a cognitive ability test that unintentionally over selects White candidates over minorities. This would be an example of ______.

A. adverse impact

B. disparate treatment

C. affirmative action

D. racial harassment

Learning Objective: 2-3: Explain the two major legal theories of unfair employment discrimination.

Cognitive Domain: Application

Answer Location: Unfair Discrimination: What Is It?

Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

5. Which of the following is NOT one the federal laws relevant to HR professionals listed in the reading?

A. The Civil Rights Act of 1871

B. The Americans with Disabilities Act of 1990

C. The 13th and 14th Amendments

D. The Economic Opportunity Act of 1964

Learning Objective: 2-3: Explain the two major legal theories of unfair employment discrimination.

Cognitive Domain: Knowledge

Answer Location: Legal Framework for Civil Rights Requirements

Difficulty Level: Easy

AACSB: Application of knowledge

6. The 13th Amendment is relevant to the workplace because it prohibits ______.

A. involuntary servitude

B. discrimination by race

C. discrimination by gender

D. the hiring of illegal immigrants

Learning Objective: 2-3: Explain the two major legal theories of unfair employment discrimination.

Cognitive Domain: Knowledge

Answer Location: The U.S. Constitution--Thirteenth and Fourteenth Amendments

Difficulty Level: Medium

AACSB: Application of knowledge

7. The Civil Rights act of 1866 has been expanded by court cases and other legislation to include all of the following EXCEPT ______.

A. considering ethnicity in the definition of race

B. the right to sue for retaliation

C. also making adverse impact against the law

D. being protected from discrimination in all aspects of employment

Learning Objective: 2-3: Explain the two major legal theories of unfair employment discrimination.

Cognitive Domain: Comprehension

Answer Location: Civil Rights Acts of 1866 and 1871

Difficulty Level: Medium

AACSB: Application of knowledge

8. The Equal Pay Act of 1963 allows for pay differentials related to all of the following EXCEPT ______.

A. gender

B. seniority

C. quality of work

D. shift differentials

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Equal Pay Act of 1963
Difficulty Level: Easy

AACSB: Diverse and multicultural work environments

9. The EEOC was created by which law?

A. The Civil Rights Act of 1871

B. The Equal Pay Act of 1963

C. Title VII of the Civil Rights Act of 1964

D. The Civil Rights Act of 1991

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Title VII of the Civil Rights Act of 1964
Difficulty Level: Medium

AACSB: Application of knowledge

10. Title VII of the Civil Rights Act of 1964 included all of the following EXCEPT ______.

A. prohibiting discrimination against employee because they opposed an unlawful employment practice

B. that seniority systems were lawful as long as they weren’t used with intention to discriminate

C. protection for United States from discrimination in foreign countries even if company is not owned by U.S. owner

D. permitting what is necessary under national security, even discrimination

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Analysis

Answer Location: Title VII of the Civil Rights Act of 1964
Difficulty Level: Hard

AACSB: Diverse and multicultural work environments

11. Your restaurant wishes to hire only female waitresses because the clientele are mostly men and it is part of the atmosphere they are trying to create. This is legal as long as you can prove that “being female” in this case is a ______.

A. reasonable accommodation

B. preventative action

C. preferential treatment

D. BFOQ

Learning Objective: 2-5: Identify the six exemptions to Title VII coverage.

Cognitive Domain: Application

Answer Location: Bona Fide Occupational Qualifications (BFOQs)
Difficulty Level: Medium

AACSB: Application of knowledge

12. Which of the following would need to adhere to the Equal Employment Act of Tittle VII?

A. a public company with 10 employees

B. a private club

C. a company on an Indian reservation

D. a labor organization with 20 members

Learning Objective: 2-5: Identify the six exemptions to Title VII coverage.

Cognitive Domain: Comprehension

Answer Location: Retaliation, and Employment Advertising
Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

13. The Age Discrimination in Employment Act of 1967 protects specifically employees over the age of ______.

A. 40

B. 45

C. 50

D. 60

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Age Discrimination in Employment Act of 1967 (as Amended in 1986)
Difficulty Level: Easy

AACSB: Application of knowledge

14. The Immigration Reform and Control Act of 1986 applies to ______.

A. employers with at least 15 employees

B. all employers except for religious organizations

C. private employers only

D. all employers

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Immigration Reform and Control Act of 1986
Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

15. Which of the following is NOT true about the Immigration Reform and Control Act of 1986?

A. Organizations may choose to hire U.S. citizen over a noncitizen when two applicants are equally qualified.

B. Penalties can be up to $1,000 for each non-verified employee.

C. Employers must verify identify and work authorization within 10 days.

D. Employers cannot hire someone who is not legally authorized to work in the United States.

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Immigration Reform and Control Act of 1986
Difficulty Level: Hard

AACSB: Diverse and multicultural work environments

16. Your organization is required by law to provide a desk that will allow a qualified applicant in a wheelchair to work at it, assuming you have at least 15 employees and it is within your ability to do so. This is called a ______.

A. essential function

B. reasonable accommodation

C. affirmative action

D. BFOQ

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Application

Answer Location: Americans with Disabilities Act of 1990 (as Amended in 2008)
Difficulty Level: Easy

AACSB: Application of knowledge

17. The Civil Rights Act of 1991 did all of the following EXCEPT ______.

A. protected from intentional discrimination in activities like performance appraisal, training, and layoffs

B. made intentional discrimination illegal

C. victims of intentional discrimination can seek a jury trial and punitive damages

D. created protection in the case of mixed-motives (job-related and discrimination) decisions

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Civil Rights Act of 1991
Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

18. It is illegal to adjust scores or use different cutoff scores for minority candidates to increase minority selection or make their scores more comparable to nonminority candidates. This adjustment is called ______.

A. race norming

B. affirmative action

C. adverse impact

D. BFOQ

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Race Norming
Difficulty Level: Easy

AACSB: Diverse and multicultural work environments

19. Which office is part of the U.S. Department of Labor’s Employment Standards Administration and is responsible for contractor employees doing business with the Federal government?

A. EEOC

B. OFCCP

C. NIH

D. FEPC

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Office of Federal Contract Compliance Programs
Difficulty Level: Easy

AACSB: Application of knowledge

20. All of the following are true about the EEOC EXCEPT ______.

A. they encourage parties to settle and consider mediation

B. they can begin to investigate 10 days after a complaint is filed

C. they also gather information about the number of minorities in different job categories

D. they are responsible for issuing written regulations governing compliance to federal discrimination laws

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: The Complaint Process
Difficulty Level: Hard

AACSB: Diverse and multicultural work environments

21. Since laws often must be written in a general manner, legal interpretations on specific situations become ______ which help guide future legal decisions.

A. statutes

B. circumstantial evidence

C. certiorari

D. case law

Learning Objective: 2-1: Describe the framework of the U.S. legal system.

Cognitive Domain: Knowledge

Answer Location: Employment Case Law--General Principles
Difficulty Level: Easy

AACSB: Application of knowledge

22. Why was Duke Power prohibited by the courts to require a high school education or use an intelligence test for condition of employment?

A. It was used to intentionally discriminate against Black applicants.

B. It violated the EEO laws of that time.

C. They couldn’t show it was related to job performance.

D. Only personality tests are allowed in selection systems.

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Testing
Difficulty Level: Medium

AACSB: Application of knowledge

23. Which court ruling determined that more “subjective” assessment procedures that produce adverse impact must also be job relevant and that the burden of proof is on the employer?

A. Albemarle Paper Co. v. Moody

B. Griggs v. Duke Power Company

C. Meritor Savings Bank v. Vinson

D. Watson v. Fort Worth Bank & Trust

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Testing
Difficulty Level: Medium

AACSB: Application of knowledge

24. All of the following are likely to help the use of educational requirements as a selection tool hold up in court EXCEPT ______.

A. evidence of criterion-related validity is offered in defense

B. minorities are historically underrepresented in the profession

C. the job is highly technical

D. adverse impact cannot be established

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Personal History
Difficulty Level: Medium

AACSB: Application of knowledge

25. All of the following fall under the umbrella term of sexual harassment EXCEPT ______.

A. requests for sexual favors

B. unwelcome sexual advances

C. physical conduct where submission is explicitly/implicitly a term or condition of employment

D. discrimination in hiring practice

Learning Objective: 2-6: Define sexual harassment and identify preventive steps employers should take.

Cognitive Domain: Comprehension

Answer Location: Sex Discrimination
Difficulty Level: Medium

AACSB: Application of knowledge

26. If the workplace included lots of pictures and calendars of suggestive and/or offensive material, this would be an example of which type of sexual harassment?

A. quid pro quo

B. unwanted sexual advances

C. hostile work environment

D. stereotype threat

Learning Objective: 2-6: Define sexual harassment and identify preventive steps employers should take.

Cognitive Domain: Application

Answer Location: Sex Discrimination
Difficulty Level: Easy

AACSB: Application of knowledge

27. Hostile work environments were defined as a form of sexual harassment by which court case?

A. Faragher v. City of Boca Raton

B. Griggs v. Duke Power Company

C. Meritor Savings Bank v. Vinson

D. Vance v. Ball State University

Learning Objective: 2-6: Define sexual harassment and identify preventive steps employers should take.

Cognitive Domain: Knowledge

Answer Location: Sex Discrimination
Difficulty Level: Medium

AACSB: Application of knowledge

28. Which of the following is NOT part of an effective policy for avoiding sexual harassment liability?

A. create a complaint procedure with only one way to file a complaint so that all complaints go through the same channel

B. train all managers and supervisors, including top managers, regularly to model appropriate behavior and to recognize and respond to complaints

C. a clear statement of sanctions for violators and protection for those who make charges

D. investigate every claim of harassment promptly and confidentially, no matter how trivial

Learning Objective: 2-6: Define sexual harassment and identify preventive steps employers should take.

Cognitive Domain: Comprehension

Answer Location: Sex Discrimination
Difficulty Level: Hard

AACSB: Application of knowledge

29. To prove age discrimination case, all of the following are required EXCEPT ______.

A. the person must be at least 40 years of age

B. a younger person filled the position

C. the person was discharged despite doing satisfactory work

D. their current supervisor is younger than the person

Learning Objective: 2-8: Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause.

Cognitive Domain: Comprehension

Answer Location: Age Discrimination
Difficulty Level: Medium

AACSB: Application of knowledge

30. According to the courts, an organization ______ protect the jobs of recently hired minorities at the expenses of Whites who have more seniority in order to increase their EEO statistics.

A. must

B. should try to

C. cannot

D. is allowed to

Learning Objective: 2-8: A Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause.

Cognitive Domain: Knowledge

Answer Location: Seniority Systems
Difficulty Level: Medium

AACSB: Application of knowledge

31. Which case involving the University of Michigan established that graduate and law school admissions cannot use numeric-based systems for preferential selection?

A. Grutter v. Bollinger

B. Griggs v. Duke Power Company

C. Meritor Savings Bank v. Vinson

D. Vance v. Ball State University

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Preferential Selection
Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

32. Which law requires companies to allow workers time off for birth, adoption, or foster care of a child or for care of a spouse or parent with serious health conditions?

A. Title VII of the 1964 Civil Rights Act

B. ADA of 1990

C. Equal Pay Act of 1963

D. FMLA of 1993

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Family and Medical Leave Act of 1993
Difficulty Level: Medium

AACSB: Application of knowledge

33. ______ is essential for determining the essential functions of a job.

A. The job description

B. The performance appraisal

C. The needs assessment

D. The recruitment ad

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Knowledge

Answer Location: Americans with Disabilities Act of 1990 (as Amended in 2008)
Difficulty Level: Easy

AACSB: Application of knowledge

Short Answer

1. Describe the current climate toward EEO laws and regulations.

Learning Objective: 2-1: Describe the framework of the U.S. legal system.

Cognitive Domain: Comprehension

Answer Location: Chapter Opener

Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

2. Describe the types of evidence someone would need to use in order to prove a case of disparate treatment.

Learning Objective: 2-3: Explain the two major legal theories of unfair employment discrimination.

Cognitive Domain: Comprehension

Answer Location: Unfair Discrimination: What Is It?

Difficulty Level: Hard

AACSB: Diverse and multicultural work environments

3. Who does Title VII of the Civil Rights Act of 1964 apply to? Who are exempt from it?

Learning Objective: 2-5: Identify the six exemptions to Title VII coverage.

Cognitive Domain: Comprehension

Answer Location: Retaliation, and Employment Advertising
Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

4. Define disability and essential function and how the two interact according to the law.

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Americans with Disabilities Act of 1990 (as Amended in 2008)
Difficulty Level: Medium

AACSB: Application of knowledge

5. What are goals and timetables as they relate to the OFCCP and how do contractors comply with the requirements of this office?

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Goals and Timetables
Difficulty Level: Medium

AACSB: Application of knowledge

6. Explain the legality of asking applicants about arrest and conviction history.

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Personal History
Difficulty Level: Medium

AACSB: Application of knowledge

7. Brief discuss the legality of “English Only” rules in the workplace.

Learning Objective: 2-7: Know when you can and cannot justify “English-only” rules in the workplace.

Cognitive Domain: Comprehension

Answer Location: “English Only” Rules--National Origin Discrimination?
Difficulty Level: Medium

AACSB: Diverse and multicultural work environments

Essay

1. Explain how the U.S. court system works and the route cases might take to the U.S. Supreme Court.

Learning Objective: 2-2: Describe alternative legal routes for complaints against an employer’s employment practices.

Cognitive Domain: Comprehension

Answer Location: The U.S. Legal System
Difficulty Level: Easy

AACSB: Application of knowledge

2. Define comparable worth and explain how it differs from the Equal Pay Act of 1963. Also present some of the arguments, discussions, and research related to this issue.

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Analysis

Answer Location: Equal Pay for Jobs of Comparable Worth

Difficulty Level: Hard

AACSB: Diverse and multicultural work environments

3. What protections/rights does the Family and Medical Leave Act of 1993 provide? What are some conditions and requirements for those using the leaves?

Learning Objective: 2-4: Understand the major legal principles that define key civil rights laws.

Cognitive Domain: Comprehension

Answer Location: Family and Medical Leave Act of 1993

Difficulty Level: Medium

AACSB: Application of knowledge