Ch3 – Legal Environment & Safety | Test Bank 10e

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

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

14.

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

15.

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

16.

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

17.

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

18.

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

19.

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

20.

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

21.

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

22.

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

23.

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

24.

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

25.

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

26.

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

27.

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

28.

The legislative branch of the federal government 
 

29.

The executive branch of the federal government 
 

30.

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

31.

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

32.

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

33.

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

34.

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

35.

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

36.

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

37.

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

38.

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

39.

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

40.

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

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 compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin? 
 

42.

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

43.

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

44.

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

45.

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

46.

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

47.

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

48.

Directives issued and amended unilaterally by the president are known as 
 

49.

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

50.

Executive Order 11478 requires the federal government to 
 

51.

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

52.

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

53.

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

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. 
 

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. 
 

56.

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

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? 
 

58.

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

59.

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

60.

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

61.

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

62.

Goals and timetables in an affirmative action plan 
 

63.

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

64.

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

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? 
 

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 was a possible victim of 
 

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 
 

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. 
 

69.

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

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 
 

71.

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

72.

Under _____, intent is irrelevant. 
 

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 80 percent of the hiring rate for the majority group? 
 

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? 
 

75.

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

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. 
 

77.

If a plaintiff feels that individual acts of intentional discrimination in his firm 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? 
 

78.

Which of the following is an organization's efforts to make usable facilities readily accessible to individuals with disabilities? 
 

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? 
 

80.

Nikeyah 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. Nikeyah can sue her boss for _____. 
 

81.

Sanjay 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 _____. 
 

82.

Carmen’s boss terminated her employment because she did not submit to his sexual advances. Carmen is a victim of 
 

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 
 

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? 
 

85.

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

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 
 

87.

Bloom Corp. is a firm whose employees work in an old facility; they 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? 
 

88.

The Occupational Safety and Health Act requires employers to keep records of deaths, injuries, and illnesses if the employers have _____ or more full-time or part-time employees. 
 

89.

The _____ breaks down each job into basic elements and rates each of the elements on its potential for harm or injury. 
 

90.

The _____ is an analysis methodology that helps managers determine which specific element of a job led to a past accident. 
 

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. 
 

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. 
 

96.

What are the three things 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 or disparate impact? 
 

98.

What are some of the important steps that an organization can follow to ensure a workplace free from sexual harassment? 
 

99.

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

100.

Discuss the three primary components of a safety awareness program.