Human Resource Management Leslie Rue 11th Edition- Test Bank

 

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Sample Test

Chapter 03

Implementing Equal Employment Opportunity

 

True / False Questions

1.	The Equal Employment Opportunity Commission (EEOC) has the power to file a lawsuit against an employer for the violation of any of the laws it administers. True    False

 

2.	Employers with 10 or more employees must annually file the Employer Information Report, EEO-1. True    False

 

3.	In an employment discrimination case, the Equal Employment Opportunity Commission (EEOC) will attempt to conciliate an agreement between a charging party and the employer if the EEOC’s investigation finds reasonable cause that discrimination has occurred. True    False

 

4.	If the Equal Employment Opportunity Commission (EEOC) does not file a lawsuit in a civil rights case, the person bringing the discrimination charge has no recourse and cannot prevail in the dispute. True    False

 

5.	In the context of the Equal Employment Opportunity Commission (EEOC) determining whether or not discrimination against a protected group exists in an organization, the relevant labor market is taken to be the geographic region from which the organization recruits potential employees. True    False

 

6.	If the Equal Employment Opportunity Commission (EEOC) decides to file a lawsuit on behalf of a charging party in an employment discrimination case, it issues a right-to-sue letter to the respondent. True    False

 

7.	Concentration refers to the situation in which the proportion of minorities and women employed by an organization equals the proportion in the organization’s relevant labor market. True    False

 

8.	Occupational parity refers to the situation in which fewer minorities or females are present in a particular job category than would reasonably be expected when compared to their presence in the relevant labor market. True    False

 

9.	Employment parity occurs when the proportion of minorities and women employed by an organization is greater than their representation in the relevant labor market. True    False

 

10.	Affirmative action plans are monitored by the Office of Federal Contract Compliance Programs (OFCCP). True    False

 

11.	The bona fide occupational qualification (BFOQ) permits employers to use religion, age, sex, or national origin as a factor in their employment practices when it is reasonably necessary to the normal operation of that particular business. True    False

 

12.	When business necessity is established, an employer can exclude all persons who do not meet specifications regardless of whether the specifications have an adverse impact on a protected group. True    False

 

13.

An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. True    False

 

14.	Where employment opportunities are granted because of an individual’s submission to an employer’s sexual advances, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity. True    False

 

15.	The comparable worth theory states that every job by its very nature has a worth to the employer and society that can be measured and assigned a value. True    False

 

16.	The most frequent accommodation issue under Title VII’s religious discrimination provisions arises from the conflict between religious practices and work schedules. True    False

 

17.	Preferential treatment can be given to Native Americans in certain kinds of employment. True    False

 

18.	Individuals who are diagnosed as HIV-positive but have not developed symptoms of the condition are not considered to be disabled. True    False

 

19.	Courts have uniformly held that adverse action against individuals who undergo or announce an intention to undergo sex-change surgery violates Title VII of the Civil Rights Act of 1964. True    False

 

20.	During a preemployment interview, asking an applicant whether he or she is married is a permissible inquiry. True    False

 

 

Multiple Choice Questions

21.	A qualification to file the Employer Information Report, EEO-1, is that a firm should: A. have 100 or more workers.   B. have fewer than 40 workers.   C. be exempted from other labor laws due to recent bankruptcy.   D. be found guilty of employment discrimination within the last ten years.

 

22.	The Equal Employment Opportunity Commission (EEOC) has the power to do all of the following EXCEPT: A. intervene in private litigation.   B. issue procedural regulations to enforce the Equal Pay Act.   C. administer the Rehabilitation Act of 1973.   D. initiate litigation.

 

23.

For the enforcement of which of the following acts does the Equal Employment Opportunity Commission (EEOC) have the authority to develop and publish procedural regulations? A. The Rehabilitation Act   B. The Sarbanes-Oxley Act   C. The Vietnam-Era Veterans Readjustment Assistance Act of 1974   D. The Americans with Disabilities Act

 

24.	The Employer Information Report, EEO-1, requires a breakdown of the employer’s workforce in specified job categories by race, sex, and ____. A. social status   B. age   C. religion   D. national origin

 

25.	When the proportion of minorities and women employed by an organization equals the proportion in the organization’s relevant labor market, the situation is known as ____. A. underutilization   B. employment parity   C. concentration   D. organizational agility

 

26.

Occupational parity is a(n): A. method to determine whether discrimination against groups protected by the law has occurred.   B. proposed remedy to the historic pay differential between men and women.   C. method used to ensure that all jobs within an organization are fairly priced in relation to each other.   D. amendment to the Fair Labor Standards Act.

 

27.

Occupational parity exists when the proportion of minorities and women employed in various occupations within an organization: A. equals their proportion in the national population’s ten-year census.   B. exceeds expectations based upon demographic trends.   C. equals their proportion in the organization’s relevant labor market.   D. increases by twenty percent each year.

 

28.

Sarah has filed a discrimination charge against her employers. Prior to litigating the discrimination charge, the Equal Employment Opportunity Commission (EEOC) would do all of the following EXCEPT: A. file a Supreme Court appeal as soon as possible.   B. evaluate the charge and decide whether or not to proceed with it.   C. determine whether the gathered evidence will support a lawsuit.   D. propose a conciliation agreement to the respondents.

 

29.	The practice of having more minorities or women in a job category than would reasonably be expected when compared to their presence in the relevant labor market is referred to as: A. occupational parity.   B. underutilization.   C. systemic discrimination.   D. concentration.

 

30.

In determining whether discrimination against groups protected by the law has occurred, the Equal Employment Opportunity Commission (EEOC) considers the relevant labor market to be the: A. geographical area within 30 miles of the employer.   B. nation in which the employer has his or her head office.   C. nations with which the employer trades.   D. geographical area from which the employer recruits.

 

31.	The practice of having fewer minorities or women in a particular job category than their corresponding numbers in the relevant labor market is referred to as ____. A. underutilization   B. occupational parity   C. concentration   D. employment parity

 

32.

While processing a discrimination charge, if the charge is deemed litigation worthy, the Equal Employment Opportunity Commission (EEOC) then: A. sends a conciliation agreement to the respondents.   B. offers a fact-finding mediation program to the charging party and respondents.   C. conducts an investigation of the charges.   D. files a lawsuit in the appropriate state or federal court.

 

33.

Which of the following statements is true about the right-to-sue letter? A. It is a statutory notice issued by the Equal Employment Opportunity Commission (EEOC) to the charging party.   B. It is a part of the conciliation agreement sent to the respondents.   C. It is issued by Equal Employment Opportunity Commission (EEOC) if it decides to file a lawsuit on behalf of the charging party.   D. It is a document which contains the charges to be filed with the Equal Employment Opportunity Commission (EEOC).

 

34.	The charging party in a discrimination case must file a civil action suit in the appropriate court within ____ days of receipt of the statutory notice of right to sue. A. 20   B. 50   C. 90   D. 120

 

35.	An affirmative action plan seeks to remedy: A. hostility within an organization.   B. past discriminatory practices.   C. criminal cases that the Supreme Court cannot settle.   D. occupational parity within an organization.

 

36.

All federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans, which are monitored by the ____. A. Equal Employment Opportunity Commission   B. National Labor Relations Board   C. Office of Federal Contract Compliance Programs   D. U.S. Office of Personnel Management (OPM)

 

37.	A(n) ____ is a written document outlining specific goals and timetables for remedying past discriminatory practices within organizations. A. letter of credit   B. affirmative action plan   C. promissory bill   D. applicant diversity chart

 

38.	____ comes into play when an employer has a job specification that is neutral but excludes members of one sex at a higher rate than members of the other. A. Bottom line concept   B. Business necessity   C. Quid pro quo harassment   D. Systemic parity

 

39.

Which of the following is a valid bona fide occupational qualification exception? A. Refusing to hire a woman because women are considered to be less capable of aggressive salesmanship   B. Refusing to hire a woman as an airline pilot based on her age   C. Refusing to hire a man because men are believed to be less capable of assembling intricate component parts   D. Refusing to hire a woman based on the assumption that turnover rate among women is higher than men

 

40.

Bona fide occupational qualification exception for sex can be justified: A. based on the societal assumption that men are not as sensitive or nurturing as women.   B. based on the stereotype that women are not as aggressive as men.   C. when customers’ prefer to be served by women.   D. when it is necessary for the purpose of authenticity, as in the casting for a movie.

 

41.

In the case of City of Philadelphia v. Pennsylvania Human Relations Commission, the court restricted the employment of youth supervisors to persons of the same sex as those being supervised. This decision is based on which of the following concepts? A. Bona fide occupational qualification   B. Affirmative action plan   C. Occupational parity   D. Reverse discrimination

 

42.

Which of the following is NOT an employer’s responsibility regarding sexual harassment? A. File annual reports with the Equal Employment Opportunity Commission about the prevalence of sexual harassment in the organization.   B. Maintain and communicate an organizational sexual harassment policy.   C. Investigate and respond to complaints of sexual harassment.   D. Take immediate and appropriate corrective action when knowledge of sexual harassment is evident.

 

43.	The ____ theory refers to the idea that every job has a worth to the employer and society that can be measured and assigned a value. A. implicit worth   B. occupational worth   C. comparable worth   D. self-worth

 

44.

Which of the following is true regarding the comparable worth theory? A. This theory considers wage rates paid by other employers.   B. This theory is based on the notion that the Equal Pay Act offers protection to female workers.   C. This theory takes into consideration the availability of qualified workers.   D. This theory holds that entire classes of jobs are traditionally undervalued because they are held by women.

 

45.

In the context of the Civil Rights Act, the most frequent accommodation issue under Title VII’s religious discrimination provisions arises from the conflict between: A. religious practices and work schedules.   B. orthodox and reformed segments of a religion.   C. business attire and attire prescribed by religion.   D. work clients and religious social circles.

 

46.

The U.S. Supreme Court determined HIV-positive status to be a: A. disability only after AIDS has resulted from the condition.   B. company-specific issue with no judicial influence.   C. disability entitled to the protection of the Americans with Disabilities Act.   D. valid disqualifier for employment.

 

47.

Austin feels that he has been facing discrimination at work ever since he underwent a sex-change surgery. He wants to file a discrimination charge against his employers. Which of the following has the most statutory influence to protect him against any adverse action? A. Federal law   B. The Office of Federal Contract Compliance Programs (OFCCP)   C. The Equal Employment Opportunity Commission (EEOC)   D. Local or state law

 

48.	Which of the following questions can be asked in a preemployment interview without the risk of inviting a discrimination lawsuit? A. “What is your mother tongue?”   B. “What is your marital status?”   C. “How many children do you have?”   D. “Would you be able to meet specified work schedules?”

 

49.	Which of the following questions is to be avoided in a preemployment inquiry? A. “Are you a citizen of the United States?”   B. “Have you been convicted of a felony?”   C. “What languages do you speak?”   D. “What type of discharge did you receive from the military?”

 

50.

Which of the following questions regarding the citizenship of an applicant is permitted to be asked during a preemployment interview? A. “Are you a citizen of the United States?”   B. “When did you acquire U.S. citizenship?”   C. “Are you a naturalized or native born U.S. citizen?”   D. “Is your wife a citizen of the United States?”

 

 

Essay Questions

51.	Outline the Equal Employment Opportunity Commission (EEOC) posting requirements.

 

52.	Explain the term employment parity.

 

53.	Explain the terms concentration and underutilization.

 

54.	Sabrina has filed a discrimination charge against her employers with a representative of the Equal Employment Opportunity Commission (EEOC). What are the steps involved in processing this discrimination charge?

 

55.	Zinc Systems Inc. wants to develop an effective affirmative action plan to eliminate employee discrimination within the organization. What steps should the company take?

 

56.	Explain with an example, the purpose of the bona fide occupational qualification (BFOQ).

 

57.	Explain the term business necessity with the help of an example.

 

58.	Define the term sexual harassment.

 

59.	What does the comparable worth theory argue?

 

60.	Discuss the extent of protection against discrimination available to individuals with reference to their sexual orientation.

 

Chapter 03 Implementing Equal Employment Opportunity Answer Key

True / False Questions

1.

The Equal Employment Opportunity Commission (EEOC) has the power to file a lawsuit against an employer for the violation of any of the laws it administers. TRUE Section 713 of Title VII (Civil Rights Act of 1964), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, the Americans with Disabilities Act (ADA) of 1990, and the Civil Rights Act of 1991 authorize the EEOC to develop and publish procedural regulations regarding the enforcement of these acts.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

2.	Employers with 10 or more employees must annually file the Employer Information Report, EEO-1. FALSE Employers with 100 or more employees must annually file Standard Form 100, known as the Employer Information Report, EEO-1.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

3.

In an employment discrimination case, the Equal Employment Opportunity Commission (EEOC) will attempt to conciliate an agreement between a charging party and the employer if the EEOC’s investigation finds reasonable cause that discrimination has occurred. TRUE In cases where the EEOC finds reasonable cause that discrimination has occurred, a proposed conciliation agreement is sent to the respondents. The proposal normally includes a suggested remedy to eliminate the unlawful practices and to take appropriate corrective and affirmative action.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

4.

If the Equal Employment Opportunity Commission (EEOC) does not file a lawsuit in a civil rights case, the person bringing the discrimination charge has no recourse and cannot prevail in the dispute. FALSE In an employment discrimination case, if the EEOC does not decide to file a lawsuit on behalf of a charging party, the individual still has the right to bring suit against the respondent. In this situation, the EEOC issues the charging party the statutory notice of a right-to-sue letter.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

5.

In the context of the Equal Employment Opportunity Commission (EEOC) determining whether or not discrimination against a protected group exists in an organization, the relevant labor market is taken to be the geographic region from which the organization recruits potential employees. TRUE Relevant labor market generally refers to the geographical area in which a company recruits its employees.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

6.

If the Equal Employment Opportunity Commission (EEOC) decides to file a lawsuit on behalf of a charging party in an employment discrimination case, it issues a right-to-sue letter to the respondent. FALSE In an employment discrimination case, if the EEOC does not decide to file a lawsuit on behalf of a charging party, the individual still has the right to bring suit against the respondent. In this situation, the EEOC issues the charging party the statutory notice of a right-to-sue letter.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

7.

Concentration refers to the situation in which the proportion of minorities and women employed by an organization equals the proportion in the organization’s relevant labor market. FALSE Concentration refers to the practice of having more minorities or women in a job category than would reasonably be expected when compared to their presence in the relevant labor market.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

8.

Occupational parity refers to the situation in which fewer minorities or females are present in a particular job category than would reasonably be expected when compared to their presence in the relevant labor market. FALSE Occupational parity exists when the proportion of minorities and women employed in various occupations within an organization is equal to their proportion in the organization’s relevant labor market.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

9.

Employment parity occurs when the proportion of minorities and women employed by an organization is greater than their representation in the relevant labor market. FALSE When employment parity exists, the proportion of minorities and women employed by an organization equals the proportion in the organization’s relevant labor market.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

10.

Affirmative action plans are monitored by the Office of Federal Contract Compliance Programs (OFCCP). TRUE All federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans, which are monitored by the OFCCP.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-03 Describe an affirmative action plan. Level of Difficulty: 1 Easy Topic: Affirmative Action Plans

 

11.

The bona fide occupational qualification (BFOQ) permits employers to use religion, age, sex, or national origin as a factor in their employment practices when it is reasonably necessary to the normal operation of that particular business. TRUE The bona fide occupational qualification (BFOQ) permits employers to use religion, age, sex, or national origin as a factor in their employment practices when it is reasonably necessary to the normal operation of that particular business.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-04 Define Bona Fide occupational qualification (BFOQ). Level of Difficulty: 1 Easy Topic: Bona Fide Occupational Qualification (BFOQ)

 

12.

When business necessity is established, an employer can exclude all persons who do not meet specifications regardless of whether the specifications have an adverse impact on a protected group. TRUE When business necessity is established, an employer can exclude all persons who do not meet specifications regardless of whether the specifications have an adverse impact on a protected group.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-05 Explain what business necessity means. Level of Difficulty: 1 Easy Topic: Business Necessity

 

13.

An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. TRUE An employer may be responsible for the acts of nonemployees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of such nonemployees.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-06 Define sexual harassment. Level of Difficulty: 2 Medium Topic: Sexual Harassment

 

14.

Where employment opportunities are granted because of an individual’s submission to an employer’s sexual advances, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity. TRUE Where employment opportunities or benefits are granted because of an individual’s submission to an employer’s sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-06 Define sexual harassment. Level of Difficulty: 1 Easy Topic: Sexual Harassment

 

15.

The comparable worth theory states that every job by its very nature has a worth to the employer and society that can be measured and assigned a value. TRUE The comparable worth theory holds that every job by its very nature has a worth to the employer and society that can be measured and assigned a value. Each job should be compensated on the basis of its value and paid the same as other jobs with the same value.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-07 Describe the comparable worth theory. Level of Difficulty: 1 Easy Topic: Comparable Worth and Equal Pay Issues

 

16.

The most frequent accommodation issue under Title VII’s religious discrimination provisions arises from the conflict between religious practices and work schedules. TRUE Title VII of the Civil Rights Act of 1964, as originally enacted, prohibited discrimination based on religion but did not define the term. The most frequent accommodation issue under Title VII’s religious discrimination provisions arises from the conflict between religious practices and work schedules.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: Other Areas of Employment Discrimination

 

17.

Preferential treatment can be given to Native Americans in certain kinds of employment. TRUE Courts have found Native Americans to be protected by Title VII of the Civil Rights Act of 1964. In addition, Section 703(i) of Title VII benefits Native Americans by exempting them from coverage by the act, in that preferential treatment can be given to Native Americans in certain kinds of employment.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: Other Areas of Employment Discrimination

 

18.

Individuals who are diagnosed as HIV-positive but have not developed symptoms of the condition are not considered to be disabled. FALSE Individuals who are diagnosed as HIV-positive, even if they haven’t developed symptoms, are considered to be disabled and entitled to the protection of the Americans with Disabilities Act (ADA).

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: Other Areas of Employment Discrimination

 

19.

Courts have uniformly held that adverse action against individuals who undergo or announce an intention to undergo sex-change surgery violates Title VII of the Civil Rights Act of 1964. FALSE Courts have held uniformly that adverse action against individuals who undergo or announce an intention to undergo sex-change surgery does not violate Title VII of the Civil Rights Act of 1964. Therefore, people who fall in those groups are protected only when a local or state statute is enacted to protect them.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: Other Areas of Employment Discrimination

 

20.	During a preemployment interview, asking an applicant whether he or she is married is a permissible inquiry. FALSE Any inquiry indicating whether an applicant is married, single, or engaged should be avoided in a preemployment interview.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

Multiple Choice Questions

21.

A qualification to file the Employer Information Report, EEO-1, is that a firm should: A. have 100 or more workers.   B. have fewer than 40 workers.   C. be exempted from other labor laws due to recent bankruptcy.   D. be found guilty of employment discrimination within the last ten years. Employers with 100 or more employees must annually file Standard Form 100, known as the Employer Information Report, EEO-1.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

22.

The Equal Employment Opportunity Commission (EEOC) has the power to do all of the following EXCEPT: A. intervene in private litigation.   B. issue procedural regulations to enforce the Equal Pay Act.   C. administer the Rehabilitation Act of 1973.   D. initiate litigation. Section 713 of Title VII (Civil Rights Act of 1964), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, the Americans with Disabilities Act (ADA) of 1990, and the Civil Rights Act of 1991 authorize the EEOC to develop and publish procedural regulations regarding the enforcement of these acts. The EEOC also has enforcement authority to initiate litigation and to intervene in private litigation.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

23.

For the enforcement of which of the following acts does the Equal Employment Opportunity Commission (EEOC) have the authority to develop and publish procedural regulations? A. The Rehabilitation Act   B. The Sarbanes-Oxley Act   C. The Vietnam-Era Veterans Readjustment Assistance Act of 1974   D. The Americans with Disabilities Act Section 713 of Title VII (Civil Rights Act of 1964), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, the Americans with Disabilities Act (ADA) of 1990, and the Civil Rights Act of 1991 authorize the EEOC to develop and publish procedural regulations regarding the enforcement of these acts.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

24.

The Employer Information Report, EEO-1, requires a breakdown of the employer’s workforce in specified job categories by race, sex, and ____. A. social status   B. age   C. religion   D. national origin The EEO-1 report requires a breakdown of the employer’s workforce in specified job categories by race, sex, and national origin. Other, similar types of forms are required of unions, political jurisdictions, educational institutions, school districts, and joint labor-management committees that control apprenticeship programs.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

25.

When the proportion of minorities and women employed by an organization equals the proportion in the organization’s relevant labor market, the situation is known as ____. A. underutilization   B. employment parity   C. concentration   D. organizational agility When employment parity exists, the proportion of minorities and women employed by the organization equals the proportion in the organization’s relevant labor market.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

26.

Occupational parity is a(n): A. method to determine whether discrimination against groups protected by the law has occurred.   B. proposed remedy to the historic pay differential between men and women.   C. method used to ensure that all jobs within an organization are fairly priced in relation to each other.   D. amendment to the Fair Labor Standards Act. The Equal Employment Opportunity Commission (EEOC) uses two methods to determine whether discrimination against groups protected by the law has occurred: employment parity and occupational parity.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

27.

Occupational parity exists when the proportion of minorities and women employed in various occupations within an organization: A. equals their proportion in the national population’s ten-year census.   B. exceeds expectations based upon demographic trends.   C. equals their proportion in the organization’s relevant labor market.   D. increases by twenty percent each year. Occupational parity exists when the proportion of minorities and women employed in various occupations within the organization is equal to their proportion in the organization’s relevant labor market.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

28.

Sarah has filed a discrimination charge against her employers. Prior to litigating the discrimination charge, the Equal Employment Opportunity Commission (EEOC) would do all of the following EXCEPT: A. file a Supreme Court appeal as soon as possible.   B. evaluate the charge and decide whether or not to proceed with it.   C. determine whether the gathered evidence will support a lawsuit.   D. propose a conciliation agreement to the respondents. An individual may file a discrimination charge at any EEOC office or with any representative of the EEOC. Steps involved in processing a discrimination charge include the EEPOC evaluating the charge and determining whether or not to proceed with it, sending a conciliation agreement to the respondents, determining the charge is “litigation worthy.”

 

AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 3 Hard Topic: EEOC Compliance

 

29.

The practice of having more minorities or women in a job category than would reasonably be expected when compared to their presence in the relevant labor market is referred to as: A. occupational parity.   B. underutilization.   C. systemic discrimination.   D. concentration. Concentration refers to the practice of having more minorities or women in a job category than would reasonably be expected when compared to their presence in the relevant labor market.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

30.

In determining whether discrimination against groups protected by the law has occurred, the Equal Employment Opportunity Commission (EEOC) considers the relevant labor market to be the: A. geographical area within 30 miles of the employer.   B. nation in which the employer has his or her head office.   C. nations with which the employer trades.   D. geographical area from which the employer recruits. Relevant labor market generally refers to the geographical area in which a company recruits its employees.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

31.

The practice of having fewer minorities or women in a particular job category than their corresponding numbers in the relevant labor market is referred to as ____. A. underutilization   B. occupational parity   C. concentration   D. employment parity Underutilization refers to the practice of having fewer minorities or females in a particular job category than would reasonably be expected when compared to their presence in the relevant labor market.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

32.

While processing a discrimination charge, if the charge is deemed litigation worthy, the Equal Employment Opportunity Commission (EEOC) then: A. sends a conciliation agreement to the respondents.   B. offers a fact-finding mediation program to the charging party and respondents.   C. conducts an investigation of the charges.   D. files a lawsuit in the appropriate state or federal court. If the charge is deemed litigation worthy, the EEOC then files a lawsuit in the appropriate state or federal court. Decisions in these lower courts are often appealed to the Supreme Court.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

33.

Which of the following statements is true about the right-to-sue letter? A. It is a statutory notice issued by the Equal Employment Opportunity Commission (EEOC) to the charging party.   B. It is a part of the conciliation agreement sent to the respondents.   C. It is issued by Equal Employment Opportunity Commission (EEOC) if it decides to file a lawsuit on behalf of the charging party.   D. It is a document which contains the charges to be filed with the Equal Employment Opportunity Commission (EEOC). While processing a discrimination charge, if the EEOC does not decide to file a lawsuit on behalf of a charging party, the individual still has the right to bring suit against the respondent. In this situation, the EEOC issues the charging party the statutory notice of a right-to-sue letter.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

34.

The charging party in a discrimination case must file a civil action suit in the appropriate court within ____ days of receipt of the statutory notice of right to sue. A. 20   B. 50   C. 90   D. 120 While processing a discrimination charge, if the EEOC does not decide to file a lawsuit on behalf of a charging party, the individual still has the right to bring suit against the respondent. In this situation, the EEOC issues the charging party the statutory notice of a right-to-sue letter. The charging party must then file a civil action suit in the appropriate court within 90 days of receipt of the statutory notice of right to sue.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 1 Easy Topic: EEOC Compliance

 

35.

An affirmative action plan seeks to remedy: A. hostility within an organization.   B. past discriminatory practices.   C. criminal cases that the Supreme Court cannot settle.   D. occupational parity within an organization. An affirmative action plan is a written document outlining specific goals and timetables for remedying past discriminatory actions.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-03 Describe an affirmative action plan. Level of Difficulty: 2 Medium Topic: Affirmative Action Plans

 

36.

All federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans, which are monitored by the ____. A. Equal Employment Opportunity Commission   B. National Labor Relations Board   C. Office of Federal Contract Compliance Programs   D. U.S. Office of Personnel Management (OPM) All federal contractors and subcontractors with contracts over $50,000 and 50 or more employees are required to develop and implement written affirmative action plans, which are monitored by the Office of Federal Contract Compliance Programs (OFCCP).

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-03 Describe an affirmative action plan. Level of Difficulty: 1 Easy Topic: Affirmative Action Plans

 

37.

A(n) ____ is a written document outlining specific goals and timetables for remedying past discriminatory practices within organizations. A. letter of credit   B. affirmative action plan   C. promissory bill   D. applicant diversity chart An affirmative action plan is a written document outlining specific goals and timetables for remedying past discriminatory actions.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-03 Describe an affirmative action plan. Level of Difficulty: 1 Easy Topic: Affirmative Action Plans

 

38.

____ comes into play when an employer has a job specification that is neutral but excludes members of one sex at a higher rate than members of the other. A. Bottom line concept   B. Business necessity   C. Quid pro quo harassment   D. Systemic parity Business necessity comes into play when an employer has a job specification that is neutral but excludes members of one sex at a higher rate than members of the other. The focus in business necessity is on the validity of various stated job specifications and their relationship to the work performed.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-05 Explain what business necessity means. Level of Difficulty: 2 Medium Topic: Business Necessity

 

39.

Which of the following is a valid bona fide occupational qualification exception? A. Refusing to hire a woman because women are considered to be less capable of aggressive salesmanship   B. Refusing to hire a woman as an airline pilot based on her age   C. Refusing to hire a man because men are believed to be less capable of assembling intricate component parts   D. Refusing to hire a woman based on the assumption that turnover rate among women is higher than men The bona fide occupational qualification (BFOQ) permits employers to use religion, age, sex, or national origin as a factor in their employment practices when it is reasonably necessary to the normal operation of that particular business.

 

AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Learning Objective: 03-05 Explain what business necessity means. Level of Difficulty: 3 Hard Topic: Bona Fide Occupational Qualification (BFOQ)

 

40.

Bona fide occupational qualification exception for sex can be justified: A. based on the societal assumption that men are not as sensitive or nurturing as women.   B. based on the stereotype that women are not as aggressive as men.   C. when customers’ prefer to be served by women.   D. when it is necessary for the purpose of authenticity, as in the casting for a movie. The Equal Employment Opportunity Commission believes that the bona fide occupational qualification exception as to sex should be interpreted narrowly. Labels—”men’s jobs” and “women’s jobs”—tend to deny employment opportunities unnecessarily to one sex or the other. Where it is necessary for the purpose of authenticity or genuineness, the Commission will consider sex to be a bona fide occupational qualification, e.g., an actor or actress.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-04 Define Bona Fide occupational qualification (BFOQ). Level of Difficulty: 2 Medium Topic: Bona Fide Occupational Qualification (BFOQ)

 

41.

In the case of City of Philadelphia v. Pennsylvania Human Relations Commission, the court restricted the employment of youth supervisors to persons of the same sex as those being supervised. This decision is based on which of the following concepts? A. Bona fide occupational qualification   B. Affirmative action plan   C. Occupational parity   D. Reverse discrimination The courts permitted a same-sex Bona fide occupational qualification (BFOQ) in a job that involved a potential invasion of another person’s privacy in City of Philadelphia v. Pennsylvania Human Relations Commission. The city, in operating youth study centers, restricted the employment of youth supervisors to persons of the same sex as those being supervised.

 

AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Learning Objective: 03-05 Explain what business necessity means. Level of Difficulty: 3 Hard Topic: Bona Fide Occupational Qualification (BFOQ)

 

42.

Which of the following is NOT an employer’s responsibility regarding sexual harassment? A. File annual reports with the Equal Employment Opportunity Commission about the prevalence of sexual harassment in the organization.   B. Maintain and communicate an organizational sexual harassment policy.   C. Investigate and respond to complaints of sexual harassment.   D. Take immediate and appropriate corrective action when knowledge of sexual harassment is evident. Many employers have implemented measures designed to avoid sexual harassment. Developing policies prohibiting sexual harassment and promptly investigating and responding to complaints of sexual harassment are essential to its prohibition. With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-06 Define sexual harassment. Level of Difficulty: 2 Medium Topic: Sexual Harassment

 

43.

The ____ theory refers to the idea that every job has a worth to the employer and society that can be measured and assigned a value. A. implicit worth   B. occupational worth   C. comparable worth   D. self-worth A controversial issue in equal employment opportunity is the comparable worth theory. This theory holds that every job by its very nature has a worth to the employer and society that can be measured and assigned a value.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Remember Learning Objective: 03-07 Describe the comparable worth theory. Level of Difficulty: 1 Easy Topic: Comparable Worth and Equal Pay Issues

 

44.

Which of the following is true regarding the comparable worth theory? A. This theory considers wage rates paid by other employers.   B. This theory is based on the notion that the Equal Pay Act offers protection to female workers.   C. This theory takes into consideration the availability of qualified workers.   D. This theory holds that entire classes of jobs are traditionally undervalued because they are held by women. The comparable worth theory holds that entire classes of jobs are traditionally undervalued and underpaid because they are held by women and that this inequality amounts to sex discrimination in violation of Title VII of the Civil Rights Act.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-07 Describe the comparable worth theory. Level of Difficulty: 2 Medium Topic: Comparable Worth and Equal Pay Issues

 

45.

In the context of the Civil Rights Act, the most frequent accommodation issue under Title VII’s religious discrimination provisions arises from the conflict between: A. religious practices and work schedules.   B. orthodox and reformed segments of a religion.   C. business attire and attire prescribed by religion.   D. work clients and religious social circles. The most frequent accommodation issue under Title VII’s religious discrimination provisions arises from the conflict between religious practices and work schedules.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: Other Areas of Employment Discrimination

 

46.

The U.S. Supreme Court determined HIV-positive status to be a: A. disability only after AIDS has resulted from the condition.   B. company-specific issue with no judicial influence.   C. disability entitled to the protection of the Americans with Disabilities Act.   D. valid disqualifier for employment. Individuals who are diagnosed as HIV-positive, even if they haven’t developed symptoms, are considered to be disabled and entitled to the protection of the Americans with Disabilities Act (ADA). The U.S. Supreme Court (Bragdon v. Abbott) ruled that HIV is so immediately physically devastating that it’s an impairment from the moment of infection.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 2 Medium Topic: Other Areas of Employment Discrimination

 

47.

Austin feels that he has been facing discrimination at work ever since he underwent a sex-change surgery. He wants to file a discrimination charge against his employers. Which of the following has the most statutory influence to protect him against any adverse action? A. Federal law   B. The Office of Federal Contract Compliance Programs (OFCCP)   C. The Equal Employment Opportunity Commission (EEOC)   D. Local or state law Courts have held uniformly that adverse action against individuals who undergo or announce an intention to undergo sex-change surgery does not violate Title VII of the Civil Rights Act of 1964. Therefore, people who fall in those groups are protected only when a local or state statute is enacted to protect them.

 

AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Learning Objective: 03-02 Define employment parity, occupational parity, systemic discrimination, underutilization, and concentration. Level of Difficulty: 3 Hard Topic: Other Areas of Employment Discrimination

 

48.

Which of the following questions can be asked in a preemployment interview without the risk of inviting a discrimination lawsuit? A. “What is your mother tongue?”   B. “What is your marital status?”   C. “How many children do you have?”   D. “Would you be able to meet specified work schedules?” In a preemployment interview, inquires related to whether an applicant can meet specified work schedules or has activities, commitments, or responsibilities that may hinder the meeting of work attendance requirements are permissible.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 2 Medium Topic: EEOC Compliance

 

49.

Which of the following questions is to be avoided in a preemployment inquiry? A. “Are you a citizen of the United States?”   B. “Have you been convicted of a felony?”   C. “What languages do you speak?”   D. “What type of discharge did you receive from the military?” In a preemployment interview, questions related to the type of discharge from military are to be avoided.

 

AACSB: Analytical Thinking Accessibility: Keyboard Navigation Blooms: Understand Learning Objective: 03-01 Explain the role of the Employer Information Report, EEO-1. Level of Difficulty: 2 Medium Topic: EEOC Compliance