Ch2 Flashcards by VALERIA SANTOS-SILVA

Which law prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin?
- a) Age Discrimination in Employment Act
- b) Americans with Disabilities Act
- c) Title VII of the Civil Rights Act of 1964
- d) Equal Pay Act of 1963
- e) Executive Order 11246

C. Title VII of the Civil Rights Act of 1964

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Which organization is responsible for enforcing federal equal employment laws?
- a) Department of Labor
- b) Occupational Safety and Health Administration (OSHA)
- c) Equal Employment Opportunity Commission (EEOC)
- d) Federal Trade Commission (FTC)
- e) National Labor Relations Board (NLRB)

c) Equal Employment Opportunity Commission (EEOC)

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The Equal Pay Act of 1963 requires:
- a) Equal pay for men and women doing different jobs
- b) Equal pay for men and women doing the same job
- c) Additional benefits for female employees
- d) Equal pay for all employees regardless of performance
- e) None of the above

b) Equal pay for men and women doing the same job

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The Age Discrimination in Employment Act of 1967 protects individuals aged:
- a) 18 and older
- b) 30 and older
- c) 35 and older
- d) 40 and older
- e) 50 and older

d) 40 and older

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Which act requires employers to take affirmative action for disabled persons?
- a) Civil Rights Act of 1964
- b) Americans with Disabilities Act (ADA)
- c) Vocational Rehabilitation Act of 1973
- d) Equal Pay Act of 1963
- e) Pregnancy Discrimination Act

c) Vocational Rehabilitation Act of 1973

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Which of the following is a responsibility of the Office of Federal Contract Compliance Programs (OFCCP)?
- a) Enforcing Title VII
- b) Monitoring affirmative action programs for federal contractors
- c) Addressing workplace safety concerns
- d) Overseeing unemployment benefits
- e) Enforcing tax laws

b) Monitoring affirmative action programs for federal contractors

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The Pregnancy Discrimination Act of 1978 is an amendment to:
- a) The Age Discrimination in Employment Act
- b) The Americans with Disabilities Act
- c) Title VII of the Civil Rights Act
- d) The Equal Pay Act
- e) The Fair Labor Standards Act

c) Title VII of the Civil Rights Act

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Which law requires federal contractors to take affirmative action in hiring Vietnam Era veterans?
- a) Vocational Rehabilitation Act
- b) Equal Pay Act
- c) Vietnam Era Veterans’ Readjustment Act of 1974
- d) Americans with Disabilities Act
- e) Family and Medical Leave Act

: c) Vietnam Era Veterans’ Readjustment Act of 1974

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Which of the following is not considered sexual harassment under Title VII?
- a) Unwelcome sexual advances
- b) Requests for sexual favors
- c) Hostile work environment based on gender
- d) Job promotion based on work performance
- e) Physical conduct of a sexual nature

d) Job promotion based on work performance

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What does “disparate impact” refer to?
- a) Intentional discrimination against an employee
- b) A practice that unintentionally affects a protected group negatively
- c) Legal actions against an employer
- d) An employee’s performance evaluation
- e) Wage disparity

b) A practice that unintentionally affects a protected group negatively

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The Americans with Disabilities Act (ADA) requires employers to make:
- a) Special accommodations for all employees
- b) Reasonable accommodations for qualified disabled employees
- c) No accommodations for employees with disabilities
- d) Financial compensation for disabled employees
- e) Job promotions for disabled employees

b) Reasonable accommodations for qualified disabled employees

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Which court case established that an employer’s intent is irrelevant in discrimination cases?
- a) Meritor Savings Bank v. Vinson
- b) Griggs v. Duke Power Company
- c) Faragher v. City of Boca Raton
- d) Desert Palace Inc. vs. Costa
- e) Burlington Industries v. Ellerth

b) Griggs v. Duke Power Company

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A “bona fide occupational qualification” (BFOQ) may legally allow discrimination based on:
- a) Age, gender, national origin, or religion
- b) Race, gender, or ethnicity
- c) Gender, religion, or race
- d) Job performance
- e) Educational background

c) Gender, religion, or race

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Which law shifted the burden of proof back onto employers once a plaintiff has made a prima facie case of discrimination?
- a) Americans with Disabilities Act
- b) Civil Rights Act of 1991
- c) Title VII of the Civil Rights Act
- d) Equal Pay Act
- e) Age Discrimination in Employment Act

b) Civil Rights Act of 1991

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Which of the following does the EEOC not handle?
- a) Investigating employment discrimination
- b) Enforcing workplace safety regulations
- c) Filing discrimination charges on behalf of individuals
- d) Providing guidelines on equal employment practices
- e) Mediating disputes between employees and employers

b) Enforcing workplace safety regulations

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Which event significantly contributed to the emergence of DEI in the workplace?
a) The passing of the Civil Rights Act of 1964
b) The creation of OSHA
c) The Industrial Revolution
d) The establishment of the EEOC
e) The Age Discrimination in Employment Act

a) The passing of the Civil Rights Act of 1964

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Which of the following is a feature of Title VII of the 1964 Civil Rights Act?
a) Prohibits discrimination based on age
b) Allows discrimination based on marital status
c) Prohibits discrimination based on race, color, religion, sex, or national origin
d) Focuses on job safety
e) Provides accommodations for disabilities

c) Prohibits discrimination based on race, color, religion, sex, or national origin

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Which of the following post-1990 employment laws addresses discrimination based on genetics?
a) ADA
b) Civil Rights Act of 1991
c) Equal Pay Act
d) Genetic Information Nondiscrimination Act (GINA)
e) Pregnancy Discrimination Act

d) Genetic Information Nondiscrimination Act (GINA)

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Which of the following is a valid defense in the case of discriminatory practice allegations?
a) The intent to discriminate was proven
b) Business necessity
c) Random selection of candidates
d) Ignoring complaints
e) Outsourcing the recruitment process

b) Business necessity

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What is the first step in the EEOC enforcement process?
a) Filing a lawsuit
b) Conducting a workplace investigation
c) Accepting a charge of discrimination
d) Holding a public hearing
e) Issuing fines

c) Accepting a charge of discrimination

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Which of the following is an example of an HR action that supports DEI efforts?
a) Implementing a “one-size-fits-all” training program
b) Encouraging diversity in hiring practices
c) Enforcing a strict dress code
d) Ignoring employee feedback
e) Promoting based on seniority alone

b) Encouraging diversity in hiring practices

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Title VII of the 1964 Civil Rights Act bars public and private agencies from failing to employ any individual on any of the following grounds EXCEPT which of the following?
A. Sex
B. Age
C. Religion
D. Race
E. Color

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B. Age

According to the chapter, what was a main impetus to passing 1960s equal employment legislation?
A.Civil unrest
B.The 1960-61 recession
C. The Vietnam War
D.Woodstock
E. President Reagan’s insistence

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A. Civil unrest

Title VII bars public and private agencies from failing to employ any individual on any of the following grounds EXCEPT ________.
A.
religion
B.
sex
C.
age
D.
color
E.
race

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C. Age

The Equal Pay Act prohibits discrimination in pay based on _______. A. sex B. age C. disability D. seniority E. race

A. Sex

Which act requires employers with federal contracts of more than $2,500 to take affirmative action in employing persons with disabilities? A. Vocational Rehabilitation Act of 1973 B. Equal Pay Act of 1963 C. Civil Rights Act of 1991 D. Americans with Disabilities Act of 1990 E. Age Discrimination in Employment Act of 1967

A. Vocational Rehab Act 1973

Which act makes most mandatory retirement policies unlawful?| A. Vocational Rehabilitation Act of 1973 B. Americans with Disabilities Act of 1990 C. Age Discrimination in Employment Act of 1967 D. Civil Rights Act of 1991 E. Equal Pay Act of 1963

C. Age discrimination in employment act 1967

Which of the following describes the impact of the U.S. Supreme Court case Griggs v. Duke Power Company? A. An employer's intent not to discriminate is relevant. B. If a practice is "fair in form but discriminatory in operation," the courts will uphold it. C. Unlawful discrimination does not need to be obvious. D. The employee must prove that discrimination on the part of the employer is intentional. E. An employment selection practice does not need to be job related if it is applied equally.

: C) Unlawful discrimination does not need to be obvious.

According to the Pregnancy Discrimination Act, pregnancy and childbirth must be treated as ________. A. a bona fide occupational qualification (BFOQ) B. disparate impact C. affirmative action D. a business necessity E. any other disability

E) Any other disability

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on _______. A. race, color, religion, sex, or national origin B. race, age, sex, national origin, or religion C. race, age, political party, sex, or national origin D. race, religion, age, color, or national origin E. color, religion, age, sex, or national origin

A) Race, color, religion, sex, or national origin

Under the Americans with Disabilities Act (ADA) of 1990, an employer must make an effort to provide ________ for an employee with a disability unless doing so would create an undue hardship on the employer. A. mixed-motive cases B. disparate rejection rates C. bona fide occupational qualifications D. restricted policies E. reasonable accommodations

E) Reasonable accommodations

Talia often hears her mostly male coworkers telling dirty jokes and recounting stories about their sexual escapades. When her coworkers open their locker doors, she sees sexually explicit posters hung inside. Talia is teased daily because her body does not look like the women in the posters. Talia frequently clocks in to work late because she avoids entering the locker room until her coworkers have left. Which of the following is Talia experiencing? A. Adverse impact B. Gender discrimination C. Ethnocentrism D. Hostile environment harassment E. Undue hardship

D) Hostile environment harassment

Which law allows compensatory and punitive damages to be awarded if it is proven that an employer's acts were discriminatory? A. The Vocational Rehabilitation Act of 1973 B. Title VII of the 1964 Civil Rights Act C. The Americans with Disabilities Act (ADA) D. The ADA Amendments Act of 2008 (ADAAA) E. The Civil Rights Act of 1991

E) The Civil Rights Act of 1991

Under the Americans with Disabilities Act (ADA), which of the following examples of a reasonable accommodation would MOST likely present an undue hardship for the employer? A. Widening door openings B. Modifying the employee's work schedule C. Reassigning essential functions of the job to other employees D. Providing screen-reading computer programs for the employee E. Assigning minor job tasks to other employees

C) Reassigning essential functions of the job to other employees

Parim's supervisor repeatedly makes lewd comments and asks her to spend time with him after work hours. Parim always politely refuses, telling her supervisor that she prefers to keep their relationship professional. Recently, one of Parim's coworkers retired, and Parim applied to the posting for the open position. During the interview, Parim's supervisor mentioned that a "date" with him might seal her being selected for the promotion. This is an example of _______. A. undue hardship B. reasonable accommodation C. a hostile environment D. quid pro quo harassment E. mixed motive

D) Quid pro quo harassment

According to the Civil Rights Act of 1991, if an employer is found to have shown "malice or reckless indifference" in a sexual harassment case, the employer could be required to _______. A. provide a reasonable accommodation B. pay punitive and compensatory damages C. agree to mandatory arbitration D. prove it was a business necessity E. show mixed motive

B) Pay punitive and compensatory damages

Seiko has been given approval to promote one of her production employees to a team lead position right away. Ashley is the most experienced employee in the group and is a good performer. However, Ashley is scheduled to go out on maternity leave in two weeks and will be out for six weeks under the company's disability policy. What should Seiko do in this situation? A. Promote Ashley now and set the effective date to be two weeks after she returns from leave. B. Wait until Ashley returns to work to fill the position. C. Temporarily promote another employee to the position, until Ashley returns to work. D. Wait three weeks and then promote another employee to the lead position while Ashley is on disability. E. Promote Ashley before she begins her leave and make arrangements for another employee to cover her job duties until she returns.

E) Promote Ashley before she begins her leave and make arrangements for another employee to cover her job duties until she returns.

Always-On Internet Corporation requires applicants to take a pre-employment test. This test has been shown to be more difficult for older applicants because it requires the installation and use of an app on the applicants' smartphones. This test could be considered to be discriminatory because of the ________ protected applicants who are over 40 years old. A. hostile environment for B. adverse impact on C. undue hardship on D. reverse discrimination of E. rejection rate for

B) Adverse impact on

Which of the following is an example of a discriminatory but acceptable business necessity? A. Requiring a high school diploma or GED for all positions B. Hiring only applicants that can lift 25 pounds or more for positions in the maintenance administration office C. Discharging employees with multiple garnishments because of the added cost to the employer D. Hiring only through word-of-mouth so that all new employees are related to, or friends of, current employees E. Testing all job candidates to determine whether they have the skills to perform the job safely

E) Testing all job candidates to determine whether they have the skills to perform the job safely

Coral Enterprises has a standard policy that all employees must have a high school diploma, regardless of their job qualifications. Although Kia has a great deal of experience in the industry and even though the diploma is not related to the position, Coral Enterprises would not hire her because she did not graduate. Kia filed a claim with the Equal Employment Opportunity Commission (EEOC). What is the MOST likely outcome? A. Kia will not prevail because companies can require all employees to have a high school diploma regardless of their job requirements. B. Kia will prevail because requiring a high school diploma is not job related and could have an unequal impact on members of a protected class. C. Kia will not prevail because not having a high school diploma is an indication that she cannot do the work. D. Kia will prevail because she is the victim of intentional discrimination. E. Kia will not prevail because having a high school diploma is directly related to success in any position.

B) Kia will prevail because requiring a high school diploma is not job-related and could have an unequal impact on members of a protected class.

Macy's Boutique has an opening for a dressing room attendant in its women's dress boutique. Which of the following would MOST likely be a legally acceptable reason for Macy's Boutique to turn down an applicant? A. The applicant is overweight. B. The applicant has body piercings. C. The applicant is under 5 feet tall. D. The applicant does not have a college degree. E. The applicant is male.

E) The applicant is male.

f an employee proves an employment practice that seems neutral actually creates an adverse impact, then the employer must ________ to continue using that practice. A. pay out money damages B. permit compensatory damages C. indicate mixed motive D. show a legitimate business necessity E. make a reasonable accommodation

D) Show a legitimate business necessity

The Equal Employment Opportunity Commission (EEOC) enforcement process begins when an employment discrimination claim is filed. Which of the following is typically the next step in the process? A. The EEOC serves notice on the employer. B. The EEOC works out a conciliation agreement. C. The EEOC accepts the charge. D. The EEOC issues a Notice of Right to Sue. E. The EEOC investigates the charge to determine reasonable cause.

A) The EEOC serves notice on the employer.

Which of the following could result in a supervisor having to pay for a portion of a judgment in an employment discrimination case? A. Voluntary mediation B. Alternative dispute resolution C. Retaliation D. Arbitration E. Management malpractice

C) Retaliation

The U.S. Supreme Court decision in Gilmer v. Interstate/Johnson Lane Corp. effectively made mandatory ________ enforceable under some circumstances. A. mediation B. position statements C. conciliation agreements D. arbitration agreements E. alternative dispute resolution programs

D) Arbitration agreements

Which of the following actions initiates the Equal Employment Opportunity Commission (EEOC) enforcement process? A. A job discrimination claim is filed. B. The employer is served notice about the job discrimination complaint. C. The job discrimination charge is investigated to identify reasonable cause. D. The job discrimination charge is accepted. E. A Notice of Right to Sue for job discrimination is issued.

A) A job discrimination claim is filed.

Which of the following describes informal attempts by a neutral third party to negotiate the resolution of a charge of discrimination? A. 60 days after the incident took place B. Mandatory arbitration C. Alternative dispute resolution D. Position statement E. Voluntary mediation

E. Voluntary mediation

Which of the following is MOST likely an example of management malpractice? A. Asking an employee to attend offsite training to learn a new skill B. Passing over an employee for a promotion because other employees have more seniority C. Demoting a manager to a janitor D. Requiring an employee to comply with all company policies and procedures E. Changing an employee's work schedule within reason to accommodate customer needs

C) Demoting a manager to a janitor

Jose is a maintenance supervisor who believes he should only hire men in his department because women are not mechanically inclined. Which of the following barriers to diversity is Jose exhibiting? A. Stereotyping B. Ethnocentrism C. Bona fide occupational qualification (BFOQ) D. Tokenism E. Sexual harassment

A) Stereotyping

The tendency to view members of other social groups less favorably than members of one's own group is called ________. A. discrimination B. tokenism C. ethnocentrism D. bias E. stereotyping

C) Ethnocentrism

Trinity believes that employees that come from backgrounds similar to her own will have more positive traits than those from other groups. Which of the following is Trinity demonstrating? A. Discrimination B. Stereotyping C. Ethnocentrism D. Prejudice E. Tokenism

C) Ethnocentrism

All-Star Literary Agent Services appointed a small group of minority employees to its high-profile positions, rather than seeking full representation for that group. Which potential threat to diversity is All-Star practicing? A. Discrimination B. Tokenism C. Ethnocentrism D. Stereotyping E. Prejudice

B) Tokenism

Which is a TRUE statement about affirmative action? A. It is the same thing as equal employment opportunity. B. It requires companies to take actions to eliminate the current effects of past discrimination. C. It holds employers liable if they do not exercise reasonable care to prevent sexual harassment. D. It requires employers to hire an equal number of employees from each protected class. E. It is mandatory for all companies that have more than 15 employees.

B) It requires companies to take actions to eliminate the current effects of past discrimination.

Justin was not the most qualified candidate, Lee felt there were not enough Hispanic men in managerial positions. Which of the following did Lee demonstrate? A. Affirmative action B. Management malpractice C. Reverse discrimination D. Adverse impact E. Reasonable accommodation

C) Reverse discrimination

Ch2 Flashcards

(54 cards)