Equal Employment Opportunity Chapter 4 Test Bank - Test Bank | HR Management Fundamentals 14e by Susan L. Verhulst, David A. DeCenzo. DOCX document preview.
File: ch04, Chapter 4: Equal Employment Opportunity
TRUE/FALSE
Employees reporting violation of EEO rights are protected from punishment from employers.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Refusing to hire an individual because their name, dress and accent appear too foreign and would make your clients uncomfortable is National Origin Discrimination.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
In 2020, the Supreme Court ruled that Title VII of the Civil Rights Act does include sexual orientation as one of the protected classes.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Title VII prohibits discrimination in hiring, promotion, dismissal, benefits, compensation, or any other terms, conditions, or privileges of employment based on race, religion, color, gender, or national origin.
Difficulty: Easy
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
A church that does not hire pre-school teachers of other religious faiths can defend against discriminatory charges through the use of a bona fide occupational qualification (BFOQ).
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits employers from discriminating or retaliating against a job applicant or employee based on prior military service.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Title VII of the Civil Rights Act created the Equal Employment Opportunity Act (EEOC).
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Executive orders are issued by Congress to extend employment legislation to government employees.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Under the Age Discrimination in Employment Act of 1967, protection for employees from discrimination begins after 55 years of age.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The Family and Medical Leave Act permits employees in organizations of 50 or more workers to take up to 12 weeks of unpaid leave for family or medical reasons.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities from employment discrimination from employers with 15 or more employees.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Employees may use FMLA leave for situations related to a family member’s military service.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
In the case of Albemarle Paper Company v. Moody, the Supreme Court ruled that job-related tests are permissible for screening applicants.
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
A claim made by African American males that minority candidates are given preferential treatment in employment is called reverse discrimination.
Difficulty: Easy
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
The Griggs v. Duke Power decision established that if an employment test impacts a protected group disproportionately, it doesn’t matter if the original intent of the test was not discriminatory.
Difficulty: Easy
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
In Griggs v. Duke Power, Willie Griggs sued his employer because he thought the hiring requirement to have a high school diploma unfairly diploma was discriminatory.
Difficulty: Easy
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
Adverse impact is a consequence of an employment practice that results in a greater rejection rate for the majority group than for a minority group.
Difficulty: Easy
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
The Uniform Guidelines on Employee Selection Procedures are guidelines, but not law.
Difficulty: Easy
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
Affirmative Action plans require employers to balance their workforce with the demographics of the United States as a whole.
Difficulty: Easy
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
If protected group members are more often evaluated poorly than non-protected group members, adverse treatment may have occurred.
Difficulty: Easy
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
Employment discrimination may stem from a decision based on factors other than those relevant to the job.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
Two government agencies primarily responsible for enforcing equal employment opportunity laws are the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.
Difficulty: Easy
Learning Objective 5: Explain how equal employment laws are enforced including the complaint process.
State and Federal requirements for filing EEOC complaints may differ.
Difficulty: Easy
Difficulty: Easy
Learning Objective 5: Explain how equal employment laws are enforced including the complaint process.
Guidelines for sexual harassment are laid out in Title VII of the Civil Rights Act.
Difficulty: Medium
Learning Objective 6: Explain how employers can protect employees from two types of sexual harassment.
Sexual harassment isn’t necessarily about sex. It’s about power and bullying.
Difficulty: Medium
Learning Objective 6: Explain how employers can protect employees from two types of sexual harassment.
Requiring some type of sexual behavior as a condition of employment is quid pro quo sexual harassment.
Difficulty: Medium
Learning Objective 6: Explain how employers can protect employees from two types of sexual harassment.
Comparable worth examines pay discrepancies of jobs traditionally held by men and those held by women.
Difficulty: Easy
Learning Objective 7: Review current issues in equal employment.
“Glass Ceilings” are invisible barriers to advancement in an organization.
Difficulty: Medium
Learning Objective 7: Review current issues in equal employment.
Discrimination because of employee’s sexual orientation is not protected by federal law.
Difficulty: Medium
Learning Objective 7: Review current issues in equal employment.
Employment laws in Australia prohibit unionization.
Difficulty: Easy
Learning Objective 8: Identify legal issues faced when managing HR in a global environment.
Women in Germany tend to make slightly more than me.
Difficulty: Easy
Learning Objective 8: Identify legal issues faced when managing HR in a global environment.
Interestingly, Equal Employment Laws in China resemble those in the U.S. today.
Difficulty: Easy
Learning Objective 8: Identify legal issues faced when managing HR in a global environment.
MATCHING KEY TERMS AND DEFINITIONS
a) Americans with Disabilities Act of 1990
b) EEOC
c) Bona fide occupational qualification (BFOQ)
d) Title VII
e) Sexual harassment
f) 4/5 rule
g) Glass ceiling
h) Comparable worth
i) Pregnancy Discrimination Act of 1978
j) Adverse impact
k) Reverse discrimination
l) Adverse treatment
m) Affirmative action
n) Quid pro quo harassment
o) Hostile environment harassment
The most prominent piece of legislation regarding HRM. It states the illegality of discriminating against individuals based on race, religion, color, sex, or national origin.
Difficulty: Easy
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Job requirements that are “reasonably necessary to meet the normal operations of that business or enterprise”.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Programs instituted by an organization to correct past injustices in an employment process.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Law that requires employers to make reasonable accommodations.
Difficulty: Easy
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Law prohibiting discrimination based on pregnancy.
Difficulty: Easy
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
A consequence of an employment practice that results in a greater rejection rate for a minority group than it does for the majority group in an occupation.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
An employment situation where protected group members receive less positive treatment than other employees in matters such as performance evaluations and promotions.
Difficulty: Easy
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
A rough indicator of discrimination that requires that the proportion of minority applicants a company hires must equal at least 80 percent of the proportion majority applicants in the population hired.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact , disparate treatment and affirmative action help employers identify and prevent discriminatory practices.
A claim made by white males that minority candidates are given preferential treatment in employment decisions.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
The enforcement arm for Title VII of the Civil Rights Act.
Difficulty: Medium
Learning Objective 5: Explain how equal employment laws are enforced including the complaint process.
Some type of sexual behavior is expected as a condition of employment.
Difficulty: Medium
Learning Objective 6: Categorize the different types of sexual harassment and explain ways employers can protect employees from intimidation and harassment in the workplace.
Offensive and unreasonable situations in the workplace that interfere with the ability to work.
Difficulty: Medium
Learning Objective 6: Categorize the different types of sexual harassment and explain ways employers can protect employees from intimidation and harassment in the workplace.
Anything of a sexual nature that creates a condition of employment, an employment consequence, or a hostile or offensive environment.
Difficulty: Medium
Learning Objective 6: Categorize the different types of sexual harassment and explain ways employers can protect employees from intimidation and harassment in the workplace.
The invisible barrier that blocks females and minorities from ascending into the upper levels of an organization.
Difficulty: Medium
Learning Objective 7: Review current issues in equal employment.
Equal pay for jobs similar in skills, responsibility, working conditions, and effort.
Difficulty: Medium
Learning Objective 7: Review current issues in equal employment.
FILL-IN THE BLANKS
The Civil Rights of 1964 is divided into parts called ________.
Difficulty: Easy
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Under the ________ veterans have the right to return to their jobs in the private sector when they return military service.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
________is a practice in organizations that includes actively seeking, hiring and promoting women and minorities to correct past discriminatory injustices.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The _________ granted the enforcement powers for the EEOC.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Under the ADA, companies are required to make _______ to provide a qualified individual access to the job.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The _________ allows employees to retain their employer-offered health insurance coverage while taking unpaid leave for family matters.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The _______ case led to a four-part test used to determine if discrimination has occurred.
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
The ________ decision made invalid any test or diploma requirements that disqualified African Americans at a substantially higher rate than whites if the differentiation could not be proved job related.
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
In 1975, the case of _______ clarified requirements for using and validating selection tests.
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
The Equal Employment Opportunity Commission has enforcement mechanisms that include filing ________ lawsuits against organizations if unable to secure an acceptable resolution of discrimination charges within 120 days.
Difficulty: Medium
Learning Objective 5: Explain how equal employment laws are enforced including the complaint process.
MULTIPLE-CHOICE
Which of the following is NOT true regarding Title VII of the Civil Rights Act of 1964?
a) It prohibits discrimination in hiring, compensation, terms, conditions, and privileges of employment based on race, religion, color, sex, or national origin.
b) It protects employees 30-65 years of age from discrimination.
c) It prohibits retaliation against an individual who files a charge of discrimination.
- It prohibits retaliation against an individual who opposes any unlawful practice.
e) It specifies compliance based on the number of employees in the organization.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Which of the following is true regarding Executive Order 11246?
a) It prohibits employment discrimination on the basis of race, religion, color, sex, or national origin for all private employers.
b) It allows for punitive and compensatory damages through jury trials.
c) It prohibits discrimination on the basis of race, religion, color, and national origin by federal agencies as well as those working under federal contracts.
d) It covers all organizations with contracts of $4,000 or more with the federal government.
e) It protects employees 40-65 years of age from discrimination.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
All of these statements about the 1991 Civil Rights Act are accurate EXCEPT, the Act
a) Prohibits racial harassment on the job.
b) Allows for punitive and compensatory damage through jury trials.
c) Reduces the Griggs decision impact.
d) Reinforces the illegality of employers who make hiring or firing decisions on the basis of race or ethnicity.
e) Places the burden of proof on the employer.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Which of the following is NOT a protected status category?
a) Race
b) Sex
c) National origin
d) Seniority
e) Religion
Difficulty: Moderate
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Executive Order 11246:
a) Prohibits discrimination on the basis of race, religion, color, and national origin, by federal agencies as well as those working under federal contracts.
b) Added sex-based discrimination Executive Order 11375.
c) Granted the enforcement powers for the EEOC.
d) Affords EEO protection to pregnant workers.
e) Increased mandatory retirement age from 65 to 70.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Which of the following is the most prominent piece of legislation regarding HRM?
a) Executive Order 11478
b) Executive Order 11246
c) Title VII of the Equal Employment Opportunity Act of 1972
d) Title VII of the Civil Rights Act of 1991
e) Title VII of the Civil Rights Act of 1964
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
The issue of citizenship and permanent residence status is often related to issues of race and color discrimination, and fall under which type of discrimination?
a) Religious
b) Gender
c) Language
d) National origin
e) Dress code
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Tasks, duties, and responsibilities an employee absolutely must be able to perform to successfully fill and hold a position are called:
a) Valid indicators of success.
b) Public perception skills.
c) Bona fide occupational qualifications.
d) Differentiating factors.
e) Essential functions.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Which of the following is NOT true regarding bona fide occupational qualifications (BFOQs)?
a) BOFQs cannot be used in cases of race or color.
b) A faculty member must be catholic to teach at a Jesuit university.
c) BFOQs are narrowly defined.
d) Religion may be used as a differentiating factor in ordaining a church minister.
e) When used as a response to EEO charges, BFOQs must be directly related to the job.
Difficulty: Medium
Learning Objective 1: Explain how Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 protect employees from discrimination and the exceptions that are allowed.
Which of the following is NOT true regarding sexual harassment?
a) More than 13,000 complaints are filed with the EEOC each year.
b) Sexual harassment can be regarded as any unwanted activity of a sexual nature that affects an individual’s employment.
c) Sexual harassment can only occur between members of the opposite sex.
d) Sexual harassment can occur between members of the opposite sex or of the same sex.
e) Sexual harassment creates an unpleasant work environment for organization members.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Which of the following is true regarding employer liability for sexual harassment actions?
a) Only organizations with more than 50 employees can be held liable for sexual harassment actions.
b) Only organizations with more than 100 employees can be held liable for sexual harassment actions.
c) Employers can only be held liable for sexual harassment actions by its managers
d) Employers can only be held liable for sexual harassment actions by its managers and employees
e) Employers can be held liable for sexual harassment actions by its managers, employees, and even customers.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Which of the following are designed to provide guidance to government agencies on specific topics that are potentially discriminatory in the private sector?
a) Executive orders
b) BFOQs
c) Civil Rights Act violations
d) Claims
e) USERRA
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The Americans with Disabilities Act of 1990 included all of the following provisions EXCEPT
a) All job actions must be based on job requirements.
b) Reasonable accommodations must be made for qualified workers.
c) Employment protection is extended to most forms of disability status.
d) Pre-job offer medical examinations are eliminated unless the examinations are job related.
e) Organizations must re-engineer working areas to accommodate all special needs.
Difficulty: Moderate
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Which of these is not true regarding reasonable accommodations required by the ADA?
a) Modifications may be relevant to the size and finances of the employer.
b) Work schedules may be modified.
c.) Leaves of absence may be necessary.
d) Lifts and ramps may be adequate for mobility modifications.
e) Testing and training modifications are not necessary.
Difficulty: Moderate
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Age Discrimination in Employment Act prohibits age-related employment discrimination for people:
a) 30 and over
b) 40 and over
c) 50 and over
d) 65 and over.
e) 70 and over
Difficulty: Easy
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
_______ include activities or modifications to the work environment that allow the qualified individual to perform the work.
a) Seniority systems
b) Affirmative action
c) Disparate treatment
d) Reasonable accommodations
e) Reverse discrimination
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Prachi has worked full-time for two years at a local insurance agency with 70 employees. She has requested 12 weeks of unpaid leave to take care of her terminally ill mother. What is her employer likely to say?
a) No. Her employer must have 75 or more employees.
b) Yes. She fulfills all of the requirements.
c) No. FMLA leave does not cover parents.
d) Yes, but she is only entitled to 9 weeks.
e) No, but she can take her accrued PTO instead.
Difficulty: Difficult
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The ________is NOT a federal law affecting employment discrimination.
a) Civil Rights Act of 1964
b) Civil Rights Act of 1991
c) Equal Employment Opportunity Act of 1972
d) Fair Wage Standards Act of 1948
e) Americans with Disabilities Act of 1990
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Peter has been a production supervisor at a plant for over 20 years. His performance record has been excellent until last year. Peter’s manager gave him low ratings during the last performance review. Peter just found out that his company is downsizing and that he is going to be laid off. Peter is 58 years of age. If Peter were to sue his company for discrimination, which of the following law would be most appropriate?
a) Equal Employment Opportunity Act of 1972
b) Age Discrimination in Employment Act of 1967
c) Job Security Act of 1984
d) Civil Rights Act of 1991
e) Civil Rights Act of 1964
Difficulty: Easy
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
In most organizations, affirmative action plans include all of the following steps EXCEPT
a) Current workforce demographics are analyzed.
- Community demographic composition is identified for all job classifications.
c) Goals and timetables are established for correcting imbalances between organizational and community demographics.
d) No member of a protected group is fired, demoted, or transferred.
e) Plans for recruiting protected groups.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Jean, a 35-year-old mother of two, has been with her firm for 15 years. She wants to transfer out of the store room of her organization, because the 90-pound boxes are too heavy for her to lift now that she is pregnant again. Her boss told her to either lift the boxes or quit. What law protects her from this treatment?
a) Civil Rights Act of 1991.
b) Pregnancy Discrimination Act of 1978.
- Vocational Rehabilitation Act of 1973.
- Executive Order 11375.
- Age Discrimination in Employment Act of 1967.
Difficulty: Easy
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Which of the following may be examples of age-related discrimination?
a) Physical fitness tests for sales representatives.
b) Offering higher health insurance premiums for older employees.
c) Throwing an “Over the Hill” birthday party for an employee turning 40.
d) Moving older workers to positions that do not meet the public in order to appeal to younger customers.
e) All of the above.
Difficulty: Easy
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Yogesh has difficulties speaking clearly and quickly due to a severe speech impairment. He applied for a telemarketing job in a marketing research company that employed 42 employees. However, the employer did not hire him because of his inability to talk quickly and clearly. Being able to talk quickly is an essential qualification for the job given the high volume of phone calls that telemarketers have to place during a day. Is this employer potentially liable under the Americans with Disabilities Act?
a) Yes, because the employer must provide the necessary technology to enable Yogesh access to the job.
b) Yes, because Yogesh is still able to talk even if his speech is very slow.
c) No, because the company has fewer than 50 employees.
d) No, because speech impairment does not qualify as a disability.
e) No, because speaking quickly is an essential qualification for the telemarketing job.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Cindy, a programmer, just realized that when she was hired 8 years ago she received 30 percent less than male co-workers hired at the same time. Her annual raises have never brought her pay up to that of those same male co-workers. Which statement applies to her situation?
a) She can do nothing because she didn’t file a discrimination complaint within the 120 day requirement.
b) Executive Order 11246 allow her to collect back wages.
c) The Lilly Ledbetter Fair Pay Act allows her to file a pay discrimination complaint within 180 days of the last paycheck affected by the discrimination.
d) The 1993 Worker Protection Act allows her to sue for damages.
e) She may file a complaint within 180 days under the Glass Ceiling Act.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Sharon is confined to a wheelchair since her accident. Her employer supplied a special desk and widened the aisles so that she can get to her work station and work. This action is known as
a) Adverse prevention.
b) Restricted actions.
c) Disparate impact.
d) Class protection.
e) Reasonable accommodations.
Difficulty: Easy
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Chelsey has worked at a daycare center with 35 employees for 10 years. She requested two months leave to care for her mother as she receives chemotherapy. Will the Family and Medical Leave Act protect her job?
a) No. The legislation applies only to female employees.
b) No. The legislation applies only to children, not to parents.
c) No. Two months is longer than the law allows.
d) No. He hasn’t worked there long enough.
e) No. Her employer is too small.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Abby is an insurance adjuster at an insurance agency with 75 employees. Eighteen months after she was hired, her father fell and broke his hip. She requested four months off to care for him. Will the Family and Medical Leave Act protect her job?
a) No. The legislation applies only to male employees.
b) No. The legislation applies only to children, not to parents.
c) No. Four months is longer than the law allows.
d) No. She hasn’t worked there long enough.
e) No. Her company is too small.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Which of the following employer actions are permissible under the Genetic Information Nondiscrimination Act (GINA)?
a) Employers check social-media to see if applicants mention relatives with illnesses with genetic links such as breast or colon cancer.
b) Recruiter runs into an applicant at a charity walk to cure ALS when the applicant explains she is walking in memory of her father and grandfather who died of the disease.
c) Genetic testing is included as part of a mandatory wellness program.
d) Relatives of employees with heart disease are not hired.
e) Employer health plan provides a premium reduction to employees who complete a health risk assessment prior to enrollment that includes questions about family medical history.
Difficulty: Hard
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
You are vice-president of human resources of a large pharmaceutical manufacturer. Your firm has a longstanding tradition of promoting from within. Your firm is being sued by Ed, a 45-year-old MBA, who has attempted to apply for a general manager job and was told that applications for the position were not being accepted. He knows the position is available because the incumbent died and the obituary was public information. He is claiming age discrimination. Which of the following discrimination defenses should be employed?
a) The 4/5 rule
b) McDonnell-Douglas Test
c) Geographical comparison
d) Performance ratio comparison
e) Seniority systems
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Kari announced to her employer that she is pregnant. Which of these actions may her employer NOT take?
a) Offer reasonable accommodations such as not needing to lift heavy objects.
b) Offer her a different job when she returns from parental leave because her job is unavailable.
c) Treat her pregnancy the same as any other employee health issue.
d) Hold a baby shower
e) Require her to take leave immediately in order to protect her from injury and the employer from liability.
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
The terms qualified individual, major life activities, essential job functions and reasonable accommodations are all associated with:
a) FMLA
b) ADA
c) USERRA
d) GINA
e) BFOQ
Difficulty: Medium
Learning Objective 2: Outline the amendments, laws, and executive orders that have expanded, limited, and clarified equal rights in the workplace.
Which of the following is a landmark Supreme Court decision stating that tests must fairly measure the knowledge or skills required for a job?
a) Civil Rights Act of 1964
b) Washington v. Davis (1967)
c) Griggs v. Duke Power Company (1971)
d) Civil Rights Act of 1991
e) McDonnell-Douglas Corp. v. Green (1973)
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
Which of the following established that employer may not discriminate against individuals because they are homosexual or transgender?
a) Ricci v. DeStefano
b) Bostock v. Clayton Co.
c) Bakke v. University of California at Davis Medical School
d) Wyant v. Jackson Board of Education.
d) Firefighters Local 1784 v. Stotts.
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
Which case found that numerical quotas could not be set for minority enrollment?
a) Raney v. University of Michigan.
b) Washington v. University of California Los Angeles.
c) Wyant v. Jackson Board of Education.
d) U. S. v. Harvard University.
e) Bakke v. University of California at Davis
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
Which is NOT true of English-Only requirements in the workplace?
a) Title VII requires employers to allow employees to converse in their native languages.
b) The ability to speak a common language with employers may be a business necessity.
c) English-only rules are permissible if they are a valid job requirement.
d) Conversation in a native language may be used to insult or harass workers in a way that employers do not understand.
e) The requirement does not apply to workers under 16.
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
Which of the following is NOT true of discrimination based on weight and appearance?
a) No federal employment laws protect workers from weight and appearance discrimination.
b) Over half of the states have laws protecting employees from weight and appearance discrimination.
c) Workers who are overweight are paid less than average size-workers.
d) Obese workers may be perceived as less intelligent and may have less influence in the workplace.
e) Piercings and tattoos may be protected by Title VII if they are for religious reasons.
Difficulty: Medium
Learning Objective 3: Discuss the role of the Supreme Court in clarifying and enforcing employment law and identify important cases decided by the court.
What programs were developed to encourage employers to actively seek a more diverse workforce?
a) 4/5ths rules
b) Restricted policies
c) Disparate treatment remedies
d) EEOC
e) Affirmative action
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
The idea that an employment practice might result in a greater rejection rate for a minority group is called:
a) Disparate treatment.
b) Restricted policy.
c) Adverse impact.
d) Affirmative action.
e) 4/5ths rule.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
The process that analyzes whether a hiring process creates an imbalance in the organization is called:
a) Disparate treatment.
b) Restricted policy.
c) Adverse impact.
d) Affirmative action.
e) 4/5ths rule.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
Which of the following is NOT true regarding sexual harassment?
a) It creates an intimidating offensive or hostile work environment.
b) It interferes with an individual’s work or employment opportunities.
c) It originated with the #MeToo movement.
d) Victims are not required to prove that they suffered mental distress for harassment to occur.
e) Victims do not need to suffer negative job repercussions for harassment to occur.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
A security company instituted a 6’0’’ height requirement as a condition of employment for security guards. Such a height requirement is likely to create
a) Disparate treatment.
b) Adverse impact.
c) Bona fide occupational impact.
d) Reverse discrimination effect.
e) Reverse treatment effect.
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
Don is a recruiter for a large steel manufacturing firm. His favorite recruiting trip is to his alma mater, a city university in the tough part of the large metropolitan area where he grew up. He is glad to give these minority graduates a chance for an interview. About 10% of his new hires are from this school, one of 11 that he visits every fall. Don's firm is an active EEO employer. Is there a problem?
a) Yes. Disparate impact may result from this employment practice.
b) No. Affirmative action has no bearing on these hiring practices.
c) Yes. Reverse discrimination may result from this employment practice.
d) No. This is an appropriate EEO recruiting action.
e) Yes. EEO was rescinded because of actions such as Don’s.
Difficulty: Difficult
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
If you were vice-president of human resources for a large organization, how could you find out if disparate impact was occurring in your organization?
a) Interview ex-employees.
b) Compare hiring ratios for protected classes to the majority and to the geographical area.
c) Examine court records and other public sources of information for legal action against the firm by women and minorities.
d) Examine pay raise data and promotion charts for differences identifiable by race or sex.
e) There is no way to find out. Employees are too afraid to speak up.
Difficulty: Moderate
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
A company used a personality test to select job candidates for customer service positions. There were 40 male candidates and 20 female candidates. It appeared that 30 men passed the personality test while 5 women passed the personality test. Was there evidence of disparate impact against female candidates with this personality test?
a) No, because this is an example of disparate treatment.
b) No, because a passing rate of 25% (5/20) for the female candidates is fairly good.
c) No, because the personality test may not be very reliable.
d) Yes, because the passing rate of the female candidates (25%) is less than 80% of the passing rate of the male candidates (75%).
e) No, because the passing rate of the female candidates (25%) is more than 20% of the passing rate of the male candidates (75%).
Difficulty: Medium
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
An allegation of discrimination could be supported under a geographical comparison test in which instance?
a) Maricella, a 50-year-old chemical engineer, responded to a position advertised as "Chemical Engineer: BS in Chemical Engineering, plus 5 years’ experience or equivalent." She received a form letter in response that said applications were no longer being accepted for this position. She saw the same position advertised 2 days later.
b) Don, a 35-year old MBA, was not interviewed by the XYZ company for the position of general manager. He knew that when his uncle was going to retire next month, a general manager position would be available. The firm has a policy of promoting from within and hires only inexperienced, newly graduated applicants.
c) A large Miami-based financial institution has no Hispanics on the payroll.
d) Jose, who speaks only Spanish, applied for a postal service job which was posted in English, Spanish, and French. He was told applications were no longer being accepted for this position.
e) Jon, an HIV positive postal worker, was passed over for promotion because of his physical condition. He had successfully completed all training requirements and passed the qualifying examination.
Difficulty: Difficult
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
An allegation of discrimination could be supported under the restricted policy infraction test in which instance?
a) Company position advertisements state that travel is required, approximately 10-12 days per month.
b) The XYZ company has a policy of promoting from within. They only hire inexperienced, newly graduated applicants, mostly from local universities.
c) A large Baltimore-based financial institution has no African-Americans on the payroll.
d) Jon, an HIV+ postal worker, was passed over for promotion. He had successfully completed all training requirements, but he failed to pass the qualifying examination.
e) Company position available announcements are posted in English and French. Most of the Hispanic workers only speak Spanish.
Difficulty: Difficult
Learning Objective 4: Explain how the Uniform Guidelines on Employee Selection Procedures and the concepts of adverse impact, disparate treatment, and affirmative action help employers identify and prevent discriminatory practices.
The following is the arm of the federal government empowered to handle discrimination in employment cases:
a) Fair Employment Commission
b) Fair Labor Standards Commission
c) Equal Employment Opportunity Act
d) Equal Employment Opportunity Commission
e) Affirmative Action Commission
Difficulty: Medium
Learning Objective 5: Explain how equal employment laws are enforced including the complaint process.
A large organization is an EEO employer with an affirmative action plan. Which of these activities is performed as part of the plan?
a) Employment decisions are based on group membership rather than individual performance.
b) Knowledge, skills, and abilities have been removed from all job analysis activities.
c) Fair employment practices are based on the premise that certain groups of people like to work together.
d) Executive perks are reported independently to the IRS.
e) Workforce demographics and community demographic patterns are monitored continually.
Difficulty: Difficult
Learning Objective 5: Explain how equal employment laws are enforced including the complaint process.
Which of the following EEOC action steps are pursued if the company offers to settle the case after the complaint is filed and the process to determine the validity of the complaint is initiated?
a) Written charges are filed by an individual employee.
- The EEOC notifies the organization of the filing within 10 days.
- The process stops.
- The company is notified of the EEOC findings within 120 days.
- The company is notified that it has 90 days to file under the right-to-sue clause.
Difficulty: Medium
Learning Objective 5: Explain how equal employment laws are enforced including the complaint process.
The EEOC cites all of the following in determining whether or not sexual harassment has occurred EXCEPT:
a) Instances may be physical or verbal conduct toward an individual.
b) The conduct creates an intimidating, offense, or hostile environment.
c) The conduct adversely affects an employee’s employment opportunities.
d) The conduct is perceived as “funny” by less than 50% of the workforce.
e) The conduct unreasonably interferes with an individual’s work.
Difficulty: Easy
Learning Objective 6: Categorize the different types of sexual harassment and explain ways employers can protect employees from intimidation and harassment in the workplace.
Which of these actions is NOT listed in the text as protecting employees from sexual harassment?
a) Issue a sexual harassment policy that describes what harassment is.
b) Train management in how to deal with harassment complaints.
c) Communicate sexual harassment policy to all employees.
d) Fire individuals accused of sexual harassment.
e) Make sure that no further harassment or retaliation occurs.
Difficulty: Medium
Learning Objective 6: Categorize the different types of sexual harassment and explain ways employers can protect employees from intimidation and harassment in the workplace.
Which of the following is not an example of quid pro quo sexual harassment?
a) An employee that doesn’t dress in a style considered typical for their gender is taunted by co-workers.
b) An employee misses out on a promotion that was received by a co-worker that was involved in a sexual relationship with their supervisor.
c) An employee accepted a manager’s sexual advances and received several promotions within the next year.
d) A supervisor explains that nobody ever gets promoted in his department without going out to dinner with him alone.
e) An employee refuses a manager’s request for a hug, then finds that his schedule has been changed to
Difficulty: Medium
Learning Objective 6: Categorize the different types of sexual harassment and explain ways employers can protect employees from intimidation and harassment in the workplace.
Dion, an HR manager, is developing a new compensation system that links pay to factors that are present to varying degrees in the organization. The goal is that dissimilar jobs which are equivalent in terms of knowledge, skills, and abilities are paid similarly. This project is an application of
a) comparable worth.
b) glass ceiling.
c) adverse discrimination.
d) work equivalencies.
e) disparate impact.
Difficulty: Difficult
Learning Objective 7: Review current issues in equal employment.
What is the glass ceiling?
a) Institutional and psychological practices limit the advancement and mobility of women and minorities.
b) It is classic discrimination.
c) Subtle pressures force women and minority employees into highly visible, token organizational positions.
d) Although women and minorities are being hired in larger numbers, they are not being paid their comparable worth.
e) Work process engineering systematically excludes females and minorities from prestigious training offerings.
Difficulty: Easy
Learning Objective 7: Review current issues in equal employment.
Sexual orientation discrimination in employment:
a) Is not protected by federal law.
b) Is protected by state law in all 50 states.
c) Has been protected under the Civil Rights Act since 2020.
d) Was addressed in Billings v. Carrol Co.
e) Must be reported to USERRA.
Difficulty: Medium
Learning Objective 7: Review current issues in equal employment.
Which allows employees to file pay discrimination claims within 180 days of any discriminatory paycheck, even if the original pay discrimination occurred years earlier?
a) Equal Pay Act
b) Comparable worth
c) Glass ceilings
d) Lilly Ledbetter Fair Pay Act of 2009
e) Bona Fide Occupational Qualifications
Difficulty: Medium
Learning Objective 7: Review current issues in equal employment.
Recognizing systemic racism in the workplace requires:
a) Helping employees feel comfortable discussing barriers they encounter.
b) Offering confidentiality to employees who speak out.
c) Examining hiring practices.
d) Reconsidering the performance appraisal process.
e) All of the above.
Difficulty: Medium
Learning Objective 7: Review current issues in equal employment.
Which of the following is NOT true regarding HRM outside the United States?
a) Canadian laws pertaining to HRM practices closely parallel those in the United States.
b) India’s Supreme Court recently declared sexual harassment to be illegal under a constitutional guarantee of the right to gender equity and requires all employers with more than 50 employees to have a sexual harassment prevention policy.
c) In Australia, a very small percentage of the workforce is unionized.
d) Australia’s discrimination laws were not enacted until the 1980s.
e) In Germany, legislation requires companies to practice representative participation.
Difficulty: Medium
Learning Objective 8: Identify legal issues faced when managing HR in a global environment.
Which is NOT true of appearance and weight discrimination?
a) Piercings and tattoos may be protected from discrimination if they are for religious reasons.
b) Heavy workers earn an average of $1.25 less than average weight workers.
c) Federal employment laws protect workers from appearance and weight discrimination in employment.
d) Women who are much heavier than average earn 24 percent less than average weight workers.
e) Heavy workers’ ideas do not carry the same influence as average weight workers.
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Connected Book
Test Bank | HR Management Fundamentals 14e
By Susan L. Verhulst, David A. DeCenzo