Human Resource Management Raymond Noe 11th Edition- Test Bank

 

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Sample Test

Human Resource Management, 11e (Noe)

Chapter 3   The Legal Environment: Equal Employment Opportunity and Safety

 

1) The legislative, executive, and judiciary branches each have their own area of authority that does not overlap, keeping the borders clear and defined.

 

Answer:  FALSE

Explanation:  The U.S. Constitution established three major governing bodies: the legislative, executive, and judicial branches. The Constitution explicitly defines the roles and responsibilities of each of these branches. Each branch has its own areas of authority, but these areas have often overlapped, and the borders between the branches are often blurred.

Difficulty: 3 Hard

Topic:  The Legal System in the United States

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

2) The U.S. president has the power to veto any law passed by Congress.

 

Answer:  TRUE

Explanation:  The U.S. president has the power to veto any law passed by Congress, thus ensuring that few laws are passed without presidential approval-which allows the president to influence how laws are written.

Difficulty: 1 Easy

Topic:  Executive Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

 

Answer:  TRUE

Explanation:  Quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB’s case, disputes between unions and management).

Difficulty: 1 Easy

Topic:  Judicial Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

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

 

Answer:  TRUE

Explanation:  The Civil Rights Act passed in 1866 was later broken into two statutes. Section 1982 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

Difficulty: 1 Easy

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

5) Camille is a single woman who just found out she is expecting her first child. Her boss tells her according to the Pregnancy Discrimination Act, she is not entitled to benefits. The boss is correct.

 

Answer:  FALSE

Explanation:  As per the Pregnancy Discrimination Act, pregnancy-related benefits cannot be limited to married employees, and if an employer provides any benefits to workers on leave, they must provide the same benefits for those on leave for pregnancy-related conditions.

Difficulty: 2 Medium

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

6) Derek is overweight by 200 pounds. He tells his boss that she must make an accommodation to his desk because his weight is a medical condition covered under the Americans with Disabilities Act. Derek is correct.

 

Answer:  FALSE

Explanation:  The Americans with Disabilities Act does not cover conditions such as obesity, substance abuse, eye and hair color, and lefthandedness.

Difficulty: 3 Hard

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Apply

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

 

Answer:  FALSE

Explanation:  President Richard Nixon issued Executive Order 11478, which requires the federal government to base all its employment policies on merit and fitness and specifies that race, color, sex, religion, and national origin should not be considered.

Difficulty: 1 Easy

Topic:  Executive Orders

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

 

Answer:  TRUE

Explanation:  An independent federal agency, the EEOC is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act. The EEOC has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

9) Jonah feels he has been discriminated against for his long hair and choice of clothes, but before he files the complaint, he waits to see if he gets the raise he was expecting. He feels he can wait because he can file at any time.

 

Answer:  FALSE

Explanation:  Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident. Failure to file a complaint within 180 days results in the case being dismissed immediately, with certain exceptions.

Difficulty: 2 Medium

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

10) As per the Lilly Ledbetter Fair Pay Act, an “illegal act” occurs when a discriminatory compensation decision is adopted.

 

Answer:  TRUE

Explanation:  As per the Lilly Ledbetter Fair Pay Act, an ‘illegal act’ occurs when (1) a discriminatory compensation decision is adopted; (2) an employee becomes subject to the decision; or (3) an employee is affected by its application, including each time compensation is paid.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

11) A new school superintendent is faced with filling many vacancies. As the HRM, you become concerned when it appears that all the promotions and new hires are from the same race. This is disparate treatment.

 

Answer:  TRUE

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

Difficulty: 2 Medium

Topic:  Disparate Treatment

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

 

Answer:  FALSE

Explanation:  As in any legal case, the plaintiff in a disparate treatment case has the burden of proving that the defendant has committed an illegal act. This is the idea of a ‘prima facie’ case.

Difficulty: 1 Easy

Topic:  Disparate Treatment

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

13) Hiring men to be Catholic priests is known as a bona fide occupational qualification.

 

Answer:  TRUE

Explanation:  A job qualification based on race, sex, religion, and so on that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification (BFOQ). For example, if one were hiring an individual to hand out towels in a women’s locker room, being a woman might be a BFOQ.

Difficulty: 2 Medium

Topic:  Disparate Treatment

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

 

Answer:  FALSE

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

Difficulty: 1 Easy

Topic:  Disparate Treatment

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

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

 

Answer:  FALSE

Explanation:  The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (80 percent) of the hiring rate for the majority group.

Difficulty: 1 Easy

Topic:  Disparate Impact

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

16) The standard deviation rule uses the mode of the distribution to determine disparate impact.

 

Answer:  FALSE

Explanation:  The standard deviation rule uses actual probability distributions to determine adverse impact. This analysis uses the difference between the expected representation (or hiring rates) for minority groups and the actual representation (or hiring rate) to determine whether the difference between these two values is greater than would occur by chance.

Difficulty: 1 Easy

Topic:  Disparate Impact

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

17) Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts.

 

Answer:  FALSE

Explanation:  Rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual’s disability or religion.

Difficulty: 1 Easy

Topic:  Reasonable Accommodation

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

 

Answer:  TRUE

Explanation:  Under disability claims, the plaintiff must show that he or she is a qualified applicant with a disability and that adverse action was taken by a covered entity. The employer’s defense then depends on whether the decision was made without regard to the disability or in light of the disability.

Difficulty: 1 Easy

Topic:  Reasonable Accommodation

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

19) If an employee files a claim with the Equal Employment Opportunity Commission stating he or she feels there has been an illegal employment practice violation, the employer cannot retaliate.

 

Answer:  TRUE

Explanation:  Title VII of the Civil Rights Act of 1964 states that employers cannot retaliate against employees for either ‘opposing’ a perceived illegal employment practice or ‘participating in a proceeding’ related to an alleged illegal employment practice.

Difficulty: 2 Medium

Topic:  Retaliation for Participation and Opposition

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

20) Skylar was promised a promotion if she would attend a benefit with her boss. The dinner is out of town and would require an overnight stay in which only one room was reserved. This is an example of quid pro quo.

 

Answer:  TRUE

Explanation:  Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways: quid pro quo and hostile working environment. Quid pro quo harassment occurs when some kind of benefit (or punishment) is made contingent on an employee’s submitting (or not submitting) to sexual advances.

Difficulty: 2 Medium

Topic:  Sexual Harassment

Learning Objective:  03-05 Identify behavior that constitutes sexual harassment and list things that an organization can do to eliminate or minimize it.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

21) Women in the office often comment on Hunter’s good looks and toned body. They like to tease him about showing them his six-pack abs. Hunter could file a complaint under Title VII of the Civil Rights Act.

 

Answer:  TRUE

Explanation:  Actions such as having pictures of naked women posted in the workplace, using offensive sexually explicit language, or using sex-related jokes or innuendoes in conversations are actionable under Title VII of the Civil Rights Act because they treat individuals differently based on their sex.

Difficulty: 2 Medium

Topic:  Sexual Harassment

Learning Objective:  03-05 Identify behavior that constitutes sexual harassment and list things that an organization can do to eliminate or minimize it.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

 

Answer:  TRUE

Explanation:  To eliminate discrimination in the workplace, many organizations have affirmative action programs to increase minority representation. Affirmative action was originally conceived as a way of taking extra effort to attract and retain minority employees.

Difficulty: 1 Easy

Topic:  Affirmative Action and Reverse Discrimination

Learning Objective:  03-06 Discuss the legal issues involved with preferential treatment programs.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

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

 

Answer:  FALSE

Explanation:  The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Labor. The Department of Health was assigned responsibility for conducting research to determine the criteria for specific operations or occupations and for training employers to comply with the act.

Difficulty: 1 Easy

Topic:  The Occupational Safety and Health Act

Learning Objective:  03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

 

Answer:  TRUE

Explanation:  The main provision of OSHA states that each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm. This is referred to as the general duty clause.

Difficulty: 1 Easy

Topic:  The Occupational Safety and Health Act

Learning Objective:  03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

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

 

Answer:  TRUE

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

Difficulty: 1 Easy

Topic:  Safety Awareness Programs

Learning Objective:  03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) Fourteenth Amendment

2.   B) Sixteenth Amendment

3.   C) Eighteenth Amendment

4.   D) Twentieth Amendment

5.   E) Third Amendment

 

Answer:  A

Explanation:  The Fourteenth Amendment, called the equal protection clause, states that all individuals are entitled to equal protection under the law.

Difficulty: 1 Easy

Topic:  The Legal System in the United States

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

27) Which of the following is a part of the U.S. government’s executive branch?

1.   A) District courts

2.   B) Committee on Indian Affairs

3.   C) Select Committee on Ethics

4.   D) Congress

5.   E) The president

 

Answer:  E

Explanation:  The executive branch of the U.S. government consists of the president of the United States and the many regulatory agencies the president oversees.

Difficulty: 1 Easy

Topic:  The Legal System in the United States

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

28) HRM laws are governed by the legislative branch of the federal government, which

1.   A) functions under the authority and supervision of the president.

2.   B) has no say in the appointment of judges by the president.

3.   C) consists of the House of Representatives and the Senate.

4.   D) enforces the laws that are passed in the United States.

5.   E) adjudicates cases pertaining to civil issues.

 

Answer:  C

Explanation:  The legislative branch of the federal government consists of the House of Representatives and the Senate. These bodies develop laws that govern many HRM activities.

Difficulty: 2 Medium

Topic:  Legislative Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

29) The executive branch of the federal government

1.   A) consists of bodies such as the Select Committee on Ethics.

2.   B) consists of the House of Representatives and the Senate.

3.   C) adjudicates criminal cases.

4.   D) passes laws such as the Civil Rights Act.

5.   E) consists of the president and the many regulatory agencies the president oversees.

 

Answer:  E

Explanation:  The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. Although the legislative branch passes the laws, the executive branch affects these laws in many ways.

Difficulty: 1 Easy

Topic:  Executive Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

30) Once a law is passed in Congress it must be signed by the ________ before it becomes law.

1.   A) president pro tempore of the Senate

2.   B) secretary of state

3.   C) attorney general

4.   D) president of the United States

5.   E) speaker of the House

 

Answer:  D

Explanation:  The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. The president has the power to veto any law passed by Congress, thus ensuring that few laws are passed without presidential approval—which allows the president to influence how laws are written.

Difficulty: 2 Medium

Topic:  Executive Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

31) President Trump’s travel ban is an example of a(n)

1.   A) constitutional amendment.

2.   B) judicial decision.

3.   C) legislation.

4.   D) executive order.

5.   E) legislative bill.

 

Answer:  D

Explanation:  The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. The president can issue executive orders, which sometimes regulate the activities of organizations that have contracts with the federal government.

Difficulty: 2 Medium

Topic:  Executive Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) deny payments to private contractors based on the availability of money.

2.   B) pay taxes for the capital goods exported from other countries for operation.

3.   C) form and implement private laws that are consistent with the Constitution.

4.   D) engage in affirmative action programs to hire and promote minorities.

5.   E) refrain from exporting their services to projects in foreign countries.

 

Answer:  D

Explanation:  Executive Order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to engage in affirmative action programs designed to hire and promote women and minorities within their organizations.

Difficulty: 2 Medium

Topic:  Executive Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

33) Roe vs. Wade and other major court cases often make their way through the court system ending with the court of final appeal, more commonly known as

1.   A) circuit court.

2.   B) the Supreme Court.

3.   C) the court of appeals.

4.   D) statecourt.

5.   E) district court.

 

Answer:  B

Explanation:  The Supreme Court serves as the court of final appeal. Decisions made by the Supreme Court are binding; they can be overturned only through legislation.

Difficulty: 2 Medium

Topic:  Judicial Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

34) Recently a few southern state confederate monuments have been removed. There were many protests on both sides. Which amendment did those in favor most likely cite?

1.   A) Fourth Amendment

2.   B) First Amendment

3.   C) Fifteenth Amendment

4.   D) Thirteenth Amendment

5.   E) Fourteenth Amendment

 

Answer:  D

Explanation:  The Thirteenth Amendment of the U.S. Constitution abolished slavery in the United States. It has been applied in cases where the discrimination involved the ‘badges’ (symbols) and ‘incidents’ of slavery.

Difficulty: 3 Hard

Topic:  Constitutional Amendments

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Apply

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

1.   A) National Security Agency

2.   B) Senate

3.   C) Court of appeals

4.   D) District court

5.   E) National Labor Relations Board

 

Answer:  E

Explanation:  The quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB’s case, disputes between unions and management).

Difficulty: 1 Easy

Topic:  Judicial Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

36) If neither party is satisfied with the National Labor Relations Board’s decision, the parties can take the case to the ________ for review.

1.   A) court of appeals

2.   B) district court

3.   C) Senate

4.   D) House of Representatives

5.   E) secretary of state

 

Answer:  A

Explanation:  The quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually an arm of the executive branch but serves a judicial function), hear cases regarding their particular jurisdictions (in the NLRB’s case, disputes between unions and management). If neither party to a suit is satisfied with the decision of the court at this level, the parties can appeal the decision to the U.S. courts of appeals.

Difficulty: 1 Easy

Topic:  Judicial Branch

Learning Objective:  03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

37) Section 1982 of the Civil Rights Act passed in 1866 granted all persons the

1.   A) same property rights as white citizens.

2.   B) right to carry weapons for self-defense.

3.   C) right to sue governmental authorities.

4.   D) freedom to elect members of Parliament.

5.   E) freedom from cruel and unusual punishments.

 

Answer:  A

Explanation:  Section 1982 of the Civil Rights Act passed in 1866 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

Difficulty: 2 Medium

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

38) Section 1981 of the Civil Rights Act of 1866 granted individuals the

1.   A) freedom from cruel and unusual punishments.

2.   B) right to carry weapons for self-defense.

3.   C) right to sue governmental authorities.

4.   D) right to enter into and enforce a contract.

5.   E) freedom to elect members of Parliament.

 

Answer:  D

Explanation:  Section 1982 of the Civil Rights Act passed in 1866 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

Difficulty: 2 Medium

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

1.   A) Rehabilitation Act of 1973

2.   B) Lilly Ledbetter Fair Pay Act

3.   C) Pregnancy Discrimination Act

4.   D) Pendleton Act

5.   E) Civil Rights Act of 1871

 

Answer:  A

Explanation:  The Rehabilitation Act of 1973 mandates affirmative action in the employment of individuals with disabilities.

Difficulty: 1 Easy

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) Title VII of the Civil Rights Act

2.   B) Equal Pay Act

3.   C) Vietnam Era Veterans’ Readjustment Assistance Act

4.   D) Rehabilitation Act

5.   E) Pregnancy Discrimination Act

 

Answer:  D

Explanation:  The Rehabilitation Act of 1973 covers executive agencies and contractors and subcontractors that receive more than $2,500 annually from the federal government. It requires them to engage in affirmative action for individuals with disabilities. Congress designed this act to encourage employers to actively recruit qualified individuals with disabilities and to make reasonable accommodations to allow them to become active members of the labor market.

Difficulty: 2 Medium

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

41) Which of the following states that it is illegal for an employer to refuse to hire an individual or otherwise discriminate against this individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin?

1.   A) Unlawful Corporate Payments Act of 1977

2.   B) Federal Employers’ Liability Act

3.   C) Executive Order 11246

4.   D) Executive Order 1148

5.   E) Title VII of the Civil Rights Act of 1964

 

Answer:  E

Explanation:  Title VII states that it is illegal for an employer to ‘(1) fail or refuse to hire or discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin, or (2) to limit, segregate, or classify his employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual’s race, color, religion, sex, or national origin.’

Difficulty: 1 Easy

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

42) The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of

30.                A) 30.

31.                B) 35.

32.                C) 40.

33.                D) 18.

34.                E) 15.

 

Answer:  C

Explanation:  Passed in 1967 and amended in 1986, the Age Discrimination in Employment Act prohibits discrimination against employees over the age of 40. The act almost exactly mirrors Title VII in terms of its substantive provisions and the procedures to be followed in pursuing a case.

Difficulty: 1 Easy

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

1.   A) Equal Employment Opportunity Commission

2.   B) Office of Federal Contract Compliance Programs

3.   C) U.S. Department of Commerce

4.   D) Independent Regulatory Commission

5.   E) U.S. Department of Labor

 

Answer:  A

Explanation:  The Equal Employment Opportunity Commission is responsible for enforcing the Age Discrimination in Employment Act (ADEA). The ADEA was designed to protect older employees when a firm reduces its workforce through layoffs.

Difficulty: 1 Easy

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

44) The Rehabilitation Act of 1973 is enforced by the

1.   A) Office of Federal Contract Compliance Programs.

2.   B) U.S. Department of Health.

3.   C) Equal Employment Opportunity Commission.

4.   D) U.S. Department of Commerce.

5.   E) Employment Standards Administration of the Department of Labor.

 

Answer:  E

Explanation:  The Rehabilitation Act of 1973 covers executive agencies as well as contractors and subcontractors that receive more than $2,500 annually from the federal government. It requires them to engage in affirmative action for individuals with disabilities. Congress designed this act to encourage employers to actively recruit qualified individuals with disabilities and to make reasonable accommodations to allow them to become active members of the labor market. The Employment Standards Administration of the Department of Labor enforces this act.

Difficulty: 1 Easy

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

45) Under the Civil Rights Act of 1991, what is the damage limit for a firm that employs 14 to 100 employees?

1.   A) $30,000

2.   B) $150,000

3.   C) $50,000

4.   D) $450,000

5.   E) $200,000

 

Answer:  C

Explanation:  Under the Civil Rights Act of 1991, the damage limit for a firm that employs 14 to 100 employees is $50,000.

Difficulty: 1 Easy

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) Cosmetic disfigurement

2.   B) Obesity

3.   C) Substance abuse

4.   D) Eye color

5.   E) Lefthandedness

 

Answer:  A

Explanation:  The Americans with Disabilities Act covers specific physiological disabilities such as cosmetic disfigurement and anatomical loss affecting the neurological, musculoskeletal, sensory, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic, or lymphatic system. However, conditions such as obesity, substance abuse, eye and hair color, and lefthandedness are not covered.

Difficulty: 2 Medium

Topic:  Congressional Legislation

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

1.   A) Lefthandedness

2.   B) Substance abuse

3.   C) Eye and hair color

4.   D) Heart disease

5.   E) Obesity

 

Answer:  D

Explanation:  The Americans with Disabilities Act covers specific physiological disabilities such as cosmetic disfigurement and anatomical loss affecting the neurological, musculoskeletal, sensory, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic, or lymphatic system. However, conditions such as obesity, substance abuse, eye and hair color, and lefthandedness are not covered.

Difficulty: 1 Easy

Topic:  Executive Orders

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

48) Directives issued and amended unilaterally by the president are known as

1.   A) judicial decisions.

2.   B) presidential vetoes.

3.   C) presidential bills.

4.   D) executive orders.

5.   E) constitutional amendments.

 

Answer:  D

Explanation:  Executive orders are directives issued and amended unilaterally by the president. These orders do not require congressional approval, yet they have the force of law.

Difficulty: 1 Easy

Topic:  Executive Orders

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

1.   A) Office of Federal Contract Compliance Programs.

2.   B) U.S. Office of Personnel Management.

3.   C) Equal Employment Opportunity Commission.

4.   D) United States Court of Federal Claims.

5.   E) U.S. Department of Commerce.

 

Answer:  A

Explanation:  President Johnson issued Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, and national origin. The Office of Federal Contract Compliance Programs enforces this executive order.

Difficulty: 1 Easy

Topic:  Executive Orders

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

50) Executive Order 11478 requires the federal government to

1.   A) prevent reverse discrimination by abolishing affirmative action.

2.   B) base all its employment policies on merit and fitness.

3.   C) prevent privatization of banking and financial services.

4.   D) base all its selections on methods such as quantitative techniques.

5.   E) abolish personal interviews as a method of selecting federal employees.

 

Answer:  B

Explanation:  President Richard M. Nixon issued Executive Order 11478, which requires the federal government to base all its employment policies on merit and fitness and specifies that race, color, sex, religion, and national origin should not be considered.

Difficulty: 1 Easy

Topic:  Executive Orders

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

11246.      A) Executive Order 11246.

11247.      B) the Pregnancy Discrimination Act.

11248.      C) Executive Order 11478.

11249.      D) the Equal Pay Act of 1963.

11250.      E) the Americans with Disabilities Act.

 

Answer:  C

Explanation:  The U.S. Office of Personnel Management is in charge of Executive Order 11478. The order extends to all contractors and subcontractors doing $10,000 worth of business with the federal government.

Difficulty: 1 Easy

Topic:  Executive Orders

Learning Objective:  03-02 List the major federal laws that require equal employment opportunity and the protections provided by each of these laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) U.S. Department of Commerce

2.   B) Equal Employment Opportunity Commission

3.   C) Office of Federal Contract Compliance Programs

4.   D) U.S. Department of Labor

5.   E) U.S. Office of Personnel Management

 

Answer:  B

Explanation:  The Equal Employment Opportunity Commission is an independent federal agency and is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

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

1.   A) Equal Employee Opportunity Commission

2.   B) U.S. Department of Labor

3.   C) Office of Federal Contract Compliance Programs

4.   D) U.S. Department of Commerce

5.   E) Labor Commission

 

Answer:  A

Explanation:  The Equal Employment Opportunity Commission is an independent federal agency and is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act. It has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

54) Individuals who feel they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency within ________ days of the incident.

1.   A) 30

2.   B) 60

3.   C) 180

4.   D) 270

5.   E) 365

 

Answer:  C

Explanation:  Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident. Failure to file a complaint within 180 days results in the case being dismissed immediately, with certain exceptions.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

 

55) After the Equal Employment Opportunity Commission (EEOC) has taken responsibility for investigating a claim of discrimination, the complainant must give the EEOC ________ days to investigate the complaint.

1.   A) 30

2.   B) 60

3.   C) 90

4.   D) 120

5.   E) 180

 

Answer:  B

Explanation:  A complainant must give the EEOC 60 days to investigate the complaint. If the EEOC either does not believe the complaint to be valid or fails to complete the investigation, the complainant may sue in federal court.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) If the EEOC determines that discrimination has taken place in a private firm, it can investigate the discrimination but cannot file a suit.

2.   B) If the EEOC either does not believe a complaint to be valid or fails to complete the investigation, it issues a ruling preventing the complainant from pursuing legal action in federal court.

3.   C) If the EEOC cannot come to an agreement with an offending employer, it can issue a “right to sue” letter to the alleged victim.

4.   D) If the EEOC cannot come to an agreement with an offending employer, it will collect a hefty fine, which it will pass on to the complainant.

5.   E) If the EEOC discovers any discriminatory practice, it will urge the federal government to bar the offending firm from doing business with federal agencies.

 

Answer:  C

Explanation:  If the EEOC cannot come to an agreement with an organization, it has two options. First, it can issue a ‘right to sue’ letter to the alleged victim, which certifies that the agency has investigated and found validity in the victim’s allegations. Second, although less likely, the agency may aid the alleged victim in bringing suit in federal court.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

57) Which of the following best describes the consent decree that the Equal Employment Opportunity Commission (EEOC) enters into with an organization that has been found to be discriminating?

1.   A) It is a decree that permits a victim to sue the organization that has victimized him or her based on color, religion, gender, or place of birth.

2.   B) It is a decree through which the organization agrees to furnish the details regarding the extent of diversity among its staff.

3.   C) It is a decree through which the organization accepts it has committed discrimination without imposing any requirements to prevent discrimination in the future.

4.   D) It is an agreement between the EEOC and the organization that the organization will cease certain discriminatory practices.

5.   E) It is an agreement that binds the organization to respect the rights of its employees to give consent to the nature of conditions at the workplace.

 

Answer:  D

Explanation:  Sometimes the EEOC enters into a consent decree with a discriminating organization. This decree is an agreement between the agency and the organization that the organization will cease certain discriminatory practices and possibly institute additional affirmative action practices to rectify its history of discrimination.

Difficulty: 1 Easy

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

58) The EEOC analyzes EEO-1 reports to look for patterns of discrimination, especially in companies with a minimum of ________ employees.

1.   A) 60

2.   B) 100

3.   C) 50

4.   D) 80

5.   E) 25

 

Answer:  B

Explanation:  Each year organizations with 100 or more employees must file a report (EEO-1) with the EEOC that provides the number of women and minorities employed in nine different job categories. The EEOC analyzes these reports to identify patterns of discrimination, which can then be attacked through class-action suits.

Difficulty: 2 Medium

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

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

1.   A) Uniform Guidelines on Employee Selection Procedures

2.   B) Guidelines for Employment Security

3.   C) Guidelines for Employee Facilities

4.   D) Uniform Guidelines for Voluntary Early Retirement

5.   E) Uniform Guidelines for Job Design and Job Description

 

Answer:  A

Explanation:  The Uniform Guidelines on Employee Selection Procedures is a set of guidelines issued by the EEOC, the Department of Labor, the Department of Justice, and the U.S. Civil Service Commission. This document provides guidance on the ways an organization should develop and administer selection systems so as not to violate Title VII.

Difficulty: 2 Medium

Topic:  Equal Employment Opportunity Commission

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) U.S. District Court

2.   B) Office of Federal Contract Compliance Programs

3.   C) Equal Employment Opportunity Commission

4.   D) U.S. Department of Commerce

5.   E) Center for Civil and Human Rights

 

Answer:  B

Explanation:  The Office of Federal Contract Compliance Programs (OFCCP) is the agency responsible for enforcing the executive orders that cover companies doing business with the federal government. Businesses with contracts for more than $50,000 cannot discriminate in employment based on race, color, religion, national origin, or sex, and they must have a written affirmative action plan on file.

Difficulty: 1 Easy

Topic:  Office of Federal Contract Compliance Programs

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

61) Sarah has been asked to compare the current workforce of her company with that of the available labor supply. She creates a spreadsheet with the columns “Race,” “Ethnicity,” and “Gender.” She is doing a ________ analysis.

1.   A) contingency

2.   B) matrix

3.   C) path goal

4.   D) differential

5.   E) utilization

 

Answer:  E

Explanation:  A utilization analysis compares the race, sex, and ethnic composition of an employer’s workforce with that of the available labor supply. For each job group, the employer must identify the percentage of its workforce with that characteristic (e.g., female) and identify the percentage of workers in the relevant labor market with that characteristic.

Difficulty: 3 Hard

Topic:  Office of Federal Contract Compliance Programs

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Apply

AACSB:  Analytic

Accessibility:  Keyboard Navigation

62) East West Airlines has in its affirmative action plan that 255 men and 40 percent minorities will be hired within the next 2 years. This is an example of goals and timetables because it

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

2.   B) specifies the amount that an organization has spent to train an employee.

3.   C) defines whether an employee can be a member of any of the labor unions.

4.   D) specifies the percentage of women and minorities that an employer seeks to have in each job group.

5.   E) defines the minimum standards that an employee should have to be part of an organization.

 

Answer:  D

Explanation:  Goals and timetables in an affirmative action plan specify the percentage of women and minorities that an employer seeks to have in each job group and the date by which that percentage is to be attained. These are not to be viewed as quotas, which entail setting aside a specific number of positions to be filled only by members of the protected class.

Difficulty: 2 Medium

Topic:  Office of Federal Contract Compliance Programs

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Understand

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

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

1.   A) utilization analysis.

2.   B) goal.

3.   C) consent decree.

4.   D) timetable.

5.   E) list of action steps.

 

Answer:  E

Explanation:  The written affirmative action plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a list of action steps. The company’s CEO must make it clear to the entire organization that the company is committed to reducing underutilization, and all management levels must be involved in the planning process.

Difficulty: 1 Easy

Topic:  Office of Federal Contract Compliance Programs

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

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

1.   A) Debarment

2.   B) General warning

3.   C) Right to sue letter

4.   D) Class-action suits

5.   E) Specific treatment

 

Answer:  A

Explanation:  If the OFCCP finds that contractors or subcontractors are not complying with an executive order, its representatives may notify the EEOC (if there is evidence that Title VII has been violated), advise the Department of Justice to institute criminal proceedings, request that the secretary of labor cancel or suspend any current contracts, and forbid the contractors or subcontractors from bidding on future contracts. This penalty is called debarment and is the OFCCP’s most potent weapon.

Difficulty: 1 Easy

Topic:  Office of Federal Contract Compliance Programs

Learning Objective:  03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws.

Bloom’s:  Remember

AACSB:  Analytic

Accessibility:  Keyboard Navigation

 

 

65) Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following statements would both negate Jason’s case and support Virgo’s case?

1.   A) Virgo deals in building equipment that requires a certified welder and Jason is a certified welder.

2.   B) Virgo deals in building equipment that requires a certified welder and Robert is a certified welder.

3.   C) Virgo has had a history of discrimination.

4.   D) Virgo has never had a history of discrimination.

5.   E) Virgo deals in building equipment that requires a certified welder and Jason is not a certified welder.

 

Answer:  E

Explanation:  At a prima facie level, a case for disparate treatment alleges that an individual is a member of a protected group, was qualified for the job, and was turned down for the job and the job remained open. For the employer to defend his position, he will need to offer a legitimate, nondiscriminatory reason for the employment decision or show a bona fide occupational qualification (BFOQ). In this scenario, Virgo dealt with building equipment that required a certified welder, and as Jason was not a certified welder, it was unable to hire him.

Difficulty: 3 Hard

Topic:  Disparate Treatment

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Apply

AACSB:  Reflective Thinking

Accessibility:  Keyboard Navigation

 

 

66) Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline. Despite both having similar profiles, Michael was hired but Mohammad was not, and the airline continued to look for other potential trainee pilots. In this case, Mohammad was a possible victim of

1.   A) sexual harassment.

2.   B) quid pro quo harassment.

3.   C) disparate treatment.

4.   D) disparate impact.

5.   E) racial discrimination.

 

Answer:  C

Explanation:  Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status. If two people with the same qualifications apply for a job and the employer decides who to hire based on one individual’s race or religion, the individual not hired is a victim of disparate treatment. Hence, Mohammad was a victim of disparate treatment.

Difficulty: 2 Medium

Topic:  Disparate Treatment

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Apply

AACSB:  Reflective Thinking

Accessibility:  Keyboard Navigation

67) The director of a movie auditions only white males to play the role of Abraham Lincoln in a biographical film on Lincoln’s life. This is an example of

1.   A) reasonable accommodation.

2.   B) disparate treatment.

3.   C) quid pro quo.

4.   D) bona fide occupational qualification.

5.   E) disparate impact.

 

Answer:  D

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

Difficulty: 2 Medium

Topic:  Disparate Treatment

Learning Objective:  03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations.

Bloom’s:  Apply

AACSB:  Reflective Thinking

Accessibility:  Keyboard Navigation