Topic 8: Affirmative Action

Question 1

What is Affirmative Action (AA)?

Answer 1

Actions taken by employers to overcome discriminatory effects of past or current practices and promote equal employment opportunities.

Question 2

Who benefits from Affirmative Action?

Answer 2

Historically disadvantaged groups, including women, Black/African Americans, Asians, Pacific Islanders, disabled persons, and veterans.

Question 3

What was the purpose of Executive Order 8802 (1941)?

Answer 3

Issued by President Roosevelt, it mandated full participation in national defense programs regardless of race, creed, color, or national origin.

Question 4

What was the significance of Executive Order 10925 (1961)?

Answer 4

Issued by President Kennedy, it introduced the term “affirmative action” and required federally funded projects to take active steps to eliminate bias.

Question 5

How did Executive Order 11246 (1965) expand Affirmative Action?

Answer 5

Issued by President Johnson, it required federal contractors and subcontractors to include nondiscrimination clauses in contracts and take affirmative action in hiring.

Question 6

What was the Philadelphia Plan (1969) and why was it significant?

Answer 6

Authorized by President Nixon, it required federal contractors to set specific goals and timetables to correct employment imbalances, leading to debates over quotas

Question 7

What is the rationale for requiring Affirmative Action in federal contracts?

Answer 7

Since public funds are used, the government can require employment practices that support public policy goals of eliminating bias.

Question 8

How does Affirmative Action enforcement differ from Title VII?

Answer 8

Unlike Title VII, AA allows the federal government to impose sanctions, suspend contracts, or bar non-complying contractors without lawsuits.

Question 9

Why is Affirmative Action enforcement critical for certain industries?

Answer 9

Industries like defense (e.g., makers of rockets and tanks) rely on government contracts, making compliance essential.

Question 10

What is Affirmative Action?

Action taken to insure that all protected classes can use the same public facilities as non-protected classes.
Any action taken by the government to ensure that all racial groups have the same employment rate across all industries regardless of training or qualifications
Any action taken by an employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity
Any action taken by an employee and employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity

Answer 10

Any action taken by an employer to overcome discriminatory effects of past, or current, practices or policies which create barriers to equal employment opportunity

The underlying principle of affirmative action is that those doing work for the government should be representative of the population.

Question 11

What did Executive Order 8802, issued by President Franklin D. Roosevelt, entail?

It called for equality for protected classes in the workforce to ensure that all people would be able to prosper in the recovery of the Great Depression.
It called for all able Caucasian males between the ages of 18 and 35 to enlist and protect the country during World War II.
It declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy.
It banned segregated public facilities such as restrooms and eating areas.

Answer 11

It declared that full participation in national defense programs by all U.S. citizens, regardless of race, creed, color, or national origin was federal government policy.

The order set the policy that all persons should participate in employment opportunities in national defense.

Question 12

On March 6, 1961, Kennedy signed Executive Order 10925, which mandated that managers of federally-funded projects “take affirmative action” to eliminate bias in employment practices. Which of the following statements is true?

This took the effort to eliminate employment discrimination from the passive to the active.
This put the burden of proof of discrimination on the employee or potential employee being discriminated against.
This took the effort to eliminate employment discrimination from the active to the passive.
This took the effort to eliminate employment discrimination from the employer to the employee.

Answer 12

This took the effort to eliminate employment discrimination from the passive to the active.

This order moved anti-discrimination efforts to active instead of passive.

Question 13

What was President Nixon’s Philadelphia Plan?

A plan to ensure all protected classes had equal opportunities for advanced or higher education
A plan requiring contractors to establish specific goals and timetables for correcting imbalances in employment practices
A plan to first attempt to create workplace equality starting only in the city of Philadelphia
A plan that gave contractors guidelines to establish workplace equality, but didn’t require specific goals or timetables

Answer 13

A plan requiring contractors to establish specific goals and timetables for correcting imbalances in employment practices

The Philadelphia Plan required contractors to establish specific goals and timetables for correcting imbalances in employment practices.

Question 14

True or False. While Title VII also applies to federal government contractors, AA provides for sanctions and enforcement by way of administrative action - which Title VII does not do.

Answer 14

True

The use of sanctions for noncompliance is the difference between Title VII and AA.

Question 15

What does Executive Order 11246 require for federal contracts over $10,000?

Answer 15

Contractors must include a nondiscrimination clause and take affirmative action to ensure equal employment opportunities based on race, color, religion, sex, or national origin.

Question 16

What employment areas must be covered under Executive Order 11246?

Answer 16

Hiring & recruitment
Promotions & transfers
Compensation & benefits
Training & apprenticeships
Layoffs & terminations

Question 17

What must contractors do to ensure compliance with Executive Order 11246?

Answer 17

Post nondiscrimination notices in visible areas for employees and applicants.

Question 18

How does the Rehabilitation Act of 1973 expand Affirmative Action?

Answer 18

It requires federal contractors and subcontractors with 50+ employees and $50,000+ contracts to take affirmative action to employ qualified individuals with disabilities.

Question 19

What is the Vietnam Era Veteran Readjustment Assistance Act of 1974 (VEVRAA)?

Answer 19

A law requiring federal contractors with $100,000+ contracts to take affirmative action for veterans and give priority referral for employment openings.

Question 20

What additional requirement does VEVRAA place on employers?

Answer 20

They must report the number of veteran employees.

Question 21

What agency regulates and enforces Affirmative Action for federal contractors?

Answer 21

The Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor.

Question 22

What are some key responsibilities of the OFCCP?

Answer 22

Conducts research on workforce demographics
Enforces AA compliance regulations
Requires employment reports and access to firm records

Question 23

What are the reporting requirements for contracts over $50,000?

Answer 23

Contractors must prepare a written Affirmative Action plan within 120 days of the contract start date.

Question 24

What must be included in solicitations or job notices under AA regulations?

Answer 24

A statement that all applicants will be considered equally, regardless of race, gender, or other protected characteristics.

Question 25

How does the OFCCP ensure compliance with Affirmative Action?

Answer 25

It conducts audits to check if contractors are making good faith efforts to eliminate discrimination.

Question 26

Executive Order 11246 requires that any federal contract for services with a value over __________ must include the standard nondiscrimination clause. $10,000 $5,000 $15,000 $50,000

Answer 26

$10,000 The order sets $10,000 as the minumum. However, in today's dollars it is hard to imagine a federal contract for less.

Question 27

The Rehabilitation Act of 1973 requires federal contractors and subcontractors to: Improve the environment to the extent of damages caused by the manufacturing process Hire women at the same rate as men Take affirmative action to employ qualified individuals with disabilities Hire non-English speaking employees regardless of language barriers

Answer 27

Take affirmative action to employ qualified individuals with disabilities From the text, "This act requires that contractors, including subcontractors, with fifty or more employees and contracts valued at $50,000 or more, must take “affirmative action to employ qualified individuals with disabilities.”"

Question 28

Amendments to The Vietnam Era Veteran Readjustment Assistance Act of 1974 require that federal contracts entered into after 1 December, ______, and worth more than _____________ require contractors and subcontractors to undertake AA for specified categories of veterans. 2003: $50,000 2003 : $100,000 2000 : $10,000 1995 : $50,000

Answer 28

2003 : $100,000 From the text, amendments to The Vietnam Era Veteran Readjustment Assistance Act of 1974 "require that federal contracts entered into after 1 December, 2003, and worth more than $100,000 require contractors and subcontractors to undertake AA for specified categories of veterans."

Question 29

AA regulations require that federal contracts worth over $50,000 must prepare a written AA plan within ______ days of the contract start date. 60 150 90 120

Answer 29

120 A written AA plan must be prepared within 120 days of the contract start date.

Question 30

True or False. The Office of Federal Contract Compliance Programs (OFCCP) may not perform audits on contractors unless a discrimination claim is made.

Answer 30

False The OFCCP may perform audits on contractors to see if the firms are engaged in good faith efforts to remove discrimination’s effects.

Question 31

What is an Affirmative Action Plan (AAP)?

Answer 31

A formal plan required for government contractors that sets placement goals and timetables for hiring more women and minorities.

Question 32

How does the Code of Federal Regulations describe an AAP?

Answer 32

As a management tool that encourages self-evaluation of employment decisions and compensation systems to ensure they are free of discrimination.

Question 33

What are the three basic components of an AAP?

Answer 33

1) Reasonable self-analysis 2) Reasonable rationale for corrective action 3) Reasonable action to address imbalances

Question 34

What is the goal of a reasonable self-analysis?

Answer 34

To determine whether employment practices exclude or disadvantage certain groups and identify reasons why.

Question 35

What are two main approaches to workforce self-analysis?

Answer 35

1) Organizational display – A chart showing job positions with demographic data. 2) Workforce analysis – Ranking jobs by title and compensation, then analyzing demographics.

Question 36

What is a job group analysis?

Answer 36

Grouping jobs by function and responsibility, then analyzing the demographic characteristics of employees in each group.

Question 37

What is underutilization in Affirmative Action?

Answer 37

A discrepancy between the number of women and minorities employed in a position and the number qualified in the labor market.

Question 38

What test does the Supreme Court use to assess underutilization?

Answer 38

The manifest imbalance test, which identifies substantial underrepresentation of a group.

Question 39

How is underutilization different from Title VII discrimination?

Answer 39

It does not need to meet the standard of discrimination but must be significant enough to warrant corrective action.

Question 40

What must contractors do if underutilization is found?

Answer 40

Set placement goals and timelines to correct the imbalance through good faith efforts, not quotas.

Question 41

Are contractors required to hire unqualified candidates to meet AAP goals?

Answer 41

No, hiring and promotion decisions must still be based on qualifications.

Question 42

How does the OFCCP evaluate a contractor’s compliance with AAP goals?

Answer 42

By assessing what extra efforts beyond regular business practices the contractor is making

Question 43

What is an Affirmative Action plan? A government contractor's formal plan to build offices in more ethnically diverse locations around the United States An informal plan set about in a working environment to encourage people to accept diversity and differences in the workplace A government contractor’s formal plan establishing employment placement goals and timetables for hiring more women and minorities A plan to have the same number of minorities in the workplace as Caucasian males

Answer 43

A government contractor’s formal plan establishing employment placement goals and timetables for hiring more women and minorities The goal is to reach out to underrepresented groups, not to hire unqualified persons to meet a class quota.

Question 44

Which of the following is not a basic requirement of an AA plan? Reasonable action Reasonable rationale for taking corrective action Reasonable amount of time before taking action Reasonable self-analysis

Answer 44

Reasonable amount of time before taking action An AA plan must contain three basic requirements: (1) reasonable self-analysis; (2) reasonable rationale for taking corrective action; and (3) reasonable action.

Question 45

What is a “reasonable self-analysis” as it pertains to an AA plan? A review of every single employee's perceptions of equality in the workplace An analysis of how many new employees will need to be hired in the coming fiscal year A review of individual employees' self-esteem A review of what the contractor's workforce looks like

Answer 45

A review of what the contractor's workforce looks like While no mandated form is required, EEOC guidelines suggest that the “objective of self-analysis is to determine whether employment practices do, or tend to, exclude, disadvantage, restrict, or result in adverse impact or disparate treatment of previously excluded or restricted groups, or leave uncorrected the effects of prior discrimination, and if so, to determine why.”

Question 46

___________ is the discrepancy between women and minorities in a particular position as a function of how many qualified women and minorities exist in the constituent market. Disparate treatment Underutilization Disparate impact Overutilization

Answer 46

Underutilization Underutilization is defined as "the discrepancy between women and minorities in a particular position and how many qualified women and minorities exist in the constituent market."

Question 47

If a contractor determines underutilization is occurring, it must: Fire majority employees until the balance has been brought back Report the finding to the EEOC immediately Report the finding to the OFCCP immediately Take a reasonable action to remedy the imbalance

Answer 47

Take a reasonable action to remedy the imbalance From the text, "If a contractor determines underutilization is occurring, it must take reasonable action to remedy the imbalance in the form of goals and time frames."

Question 48

What actions can the Department of Labor (DOL) take against contractors violating anti-discrimination laws?

Answer 48

Cancel contracts or debar contractors from bidding Request the Attorney General to seek equitable relief Recommend EEOC judicial action under Title VII Pursue criminal penalties for fraud Publish names of offending contractors

Question 49

How do most contractors handle affirmative action concerns?

Answer 49

They typically resolve concerns before the Department of Labor takes formal action.

Question 50

What is judicial affirmative action?

Answer 50

A court-ordered affirmative action plan imposed as a remedy for entrenched discrimination.

Question 51

What is a consent decree in affirmative action cases?

Answer 51

A court-approved settlement where parties agree to implement an affirmative action plan.

Question 52

When are judicial AA plans typically imposed?

Answer 52

In severe discrimination cases where past court orders or coaxing have failed.

Question 53

What was the ruling in Local 28, Sheet Metal Workers v. EEOC?

Answer 53

After 18 years of non-compliance, the Supreme Court upheld a court-imposed AA plan requiring a 29% non-White membership goal.

Question 54

When does the obligation to comply with a judicially-imposed AA plan end?

Answer 54

Once the discriminatory problem has been fully addressed.

Question 55

Why should private employers adopt voluntary AA plans?

Answer 55

To prevent liability under Title VII and correct past discrimination effects.

Question 56

When has the Supreme Court supported voluntary AA plans?

Answer 56

When they are based on a reasonable self-analysis and address manifest racial imbalances.

Question 57

What must support a voluntary affirmative action plan?

Answer 57

A reasonable self-analysis showing past discrimination or workforce imbalance.

Question 58

What steps can the Department of Labor take against contractors that don’t follow Affirmative Action guidelines? Cancel contracts Debar a contractor from bidding on future contracts Ask the attorney general to seek equitable relief All of the above

Answer 58

All of the above From the text, "The Department of Labor may cancel a contract or debar a contractor from participating in bidding for future contracts. Additionally, the DOL may ask the attorney general to seek equitable relief to enforce orders."

Question 59

In a private lawsuit, one of the remedies a court may impose to correct imbalances in hiring practices is known as: Forced affirmative action Judicial affirmative action Coerced affirmative action Executive affirmative action

Answer 59

Judicial affirmative action Affirmative action may be applied in the private sector either voluntarily or as part of a remedy following a private lawsuit.

Question 60

The duty to comply with imposed AA plans: Evaporates once the problem has been addressed Lasts until a federal judge has seen at least five years of compliance Applies for one year from the sentencing date Cannot be removed from a company once it is set in place

Answer 60

Evaporates once the problem has been addressed From the text, "The duty to comply with imposed AA plans evaporates once the problem has been addressed."

Question 61

Best practices indicate that a large private employer should adopt a: go green initiative plan political affiliation plan alternative action plan voluntary affirmative action plan

Answer 61

voluntary affirmative action plan From the text, "Best practices indicate that a large private employer should adopt a voluntary affirmative action plan as a preventative measure against liability under Title VII."

Question 62

The adoption of a voluntary affirmative action plan must be supported by a(n): Majority of the company investors Legitimate fear of discriminatory practices Executive court order to do so Reasonable self-analysis

Answer 62

Reasonable self-analysis From the text, "The adoption of a voluntary plan must be supported by a reasonable self-analysis."

Question 63

What does Affirmative Action (AA) allow employers to do?

Answer 63

Employers may set placement goals to increase representation of underrepresented groups but cannot use rigid quotas or hire less qualified individuals.

Question 64

What does Executive Order 11246 say about AA preferences?

Answer 64

Placement goals cannot justify hiring or promoting based solely on race, color, religion, sex, or national origin.

Question 65

When may an employer legally prefer a particular race or gender?

Answer 65

When there is a serious imbalance or a long history of bias in the workplace.

Question 66

What is reverse discrimination?

Answer 66

Disparate treatment of majority group members due to preferential employment policies designed to correct past discrimination.

Question 67

What was the issue in Regents of the University of California v. Bakke (1978)?

Answer 67

A strict 16% quota for minority medical school applicants was ruled unlawful because it unfairly disadvantaged White applicants.

Question 68

What happened in Ricci v. DeStefano (2009)?

Answer 68

New Haven discarded a valid firefighter exam after White candidates scored higher. The Supreme Court ruled this violated Title VII as an impermissible race-conscious action.

Question 69

What did Schuette v. Coalition to Defend AA (2014) decide?

Answer 69

The Supreme Court upheld Michigan’s Proposal 2, banning race- and gender-based preferences in public education, contracting, and employment.

Question 70

How does AA apply to the workforce?

Answer 70

Only about 20% of the workforce is affected, and AA is meant to remedy past imbalances, not maintain a status quo.

Question 71

How must AA programs be structured to avoid reverse discrimination?

Answer 71

Temporary in nature Limited in duration and scope Not a quota system

Question 72

When can private employers use race and gender in hiring?

Answer 72

If there is a historical manifest imbalance and the effort is temporary and non-quota-based (United Steelworkers v. Weber (1979); Johnson v. Santa Clara County (1987)).

Question 73

How can human resource professionals avoid reverse discrimination issues?

Answer 73

Ensure hiring and promotion criteria are validated, transparent, and not altered after assessment.

Question 74

Which of the following are approved methods for utilizing affirmative action plans? Reserved positions for protected classes Reserved positions for those who are less qualified Placement goals for underrepresented classes Quotas for hiring protected classes

Answer 74

Placement goals for underrepresented classes The law allows for a firm to set a placement goal in employment practices for underrepresented groups.

Question 75

True or False. An employer is entitled to set a preference for a particular race or gender where there is a serious imbalance or a long history of bias.

Answer 75

True The employer cannot, however, use rigid quotas or reserved positions.

Question 76

Affirmative action may be used to remedy _________ and not to maintain _________. Past imbalances : the status quo Discrimination : inefficiency The status quo : past imbalances Inefficiency : discrimination

Answer 76

Past imbalances : the status quo From the text, "AA may only be used to remedy past imbalances and not to maintain the status quo."

Question 77

_______ includes an emphasis on recruiting or promoting qualified individuals from a class that may have been or is underrepresented. Reverse discrimination Affirmative action Reasonable action OFCCP

Answer 77

Affirmative action From the text, "Affirmative Action includes an emphasis on recruiting or promoting qualified individuals from a class which may have been or is underrepresented."

Question 78

The phrase “reverse discrimination” is a misnomer because: It is a descriptive synonym It’s a term people use but don’t understand It describes exactly what it is Discrimination is discrimination when it is directed at anyone

Answer 78

Discrimination is discrimination when it is directed at anyone From the text, "The phrase “reverse discrimination” is a misnomer because discrimination is discrimination when it is directed at anyone because of a protected class characteristic."

Question 79

Which of the following is not a historically disadvantaged group? Veterans Caucasians Pacific islanders Women

Answer 79

Caucasians From the text, "The focus of AA is to assist historically disadvantaged groups in employment, which include, women, African Americans, Asians, Pacific Islanders, disabled persons, and veterans."

Question 80

President Kennedy in 1961 introduced the term ___________ for the concept of redressing the effects of persistent discriminatory employment practices in spite of civil rights laws and constitutional guarantees. Affirmative Action Racial Inequalities Employment prejudice Racial discrimination

Answer 80

Affirmative Action From the text, "President Kennedy in 1961 introduced the term "affirmative action" (AA) for the concept of redressing the effects of persistent discriminatory employment practices in spite of civil rights laws and constitutional guarantees."

Question 81

President Johnson issued Executive Order 11246, which required that _________ have a nondiscrimination clause in contracts and abide by its terms. Both public and private contractors and subcontractors Contractors and subcontractors working for private businesses Only federal contractors receiving over $100,000 in payments from federal monies Contractors and subcontractors working with the federal government

Answer 81

Contractors and subcontractors working with the federal government From the text, "President Johnson issued Executive Order 11246, which required that contractors and their subcontractors doing business with the federal government have a nondiscrimination clause in contracts and abide by its terms."

Question 82

True or False. Without having to file lawsuits, the federal government may suspend or cancel contracts with contractors that are not in compliance with (AA) or debar them from bidding on future government contracts.

Answer 82

True This is very important, because makers of rockets or tanks must rely on selling to the government, as there are few other buyers for these products.

Question 83

The Rehabilitation Act of 1973 requires that contractors, including subcontractors, with _______ or more employees and contracts valued at ________ or more must take “affirmative action to employ qualified individuals with disabilities. 10 : $10,000 50 : $10,000 50 : $50,000 15 : $15,000

Answer 83

50 : $50,000 From the text, "This act requires that contractors, including subcontractors, with fifty or more employees and contracts valued at $50,000 or more must take “affirmative action to employ qualified individuals with disabilities.”"

Question 84

Regulation of Affirmative Action is overseen by: EEOC VEVRAA AACP OFCCP

Answer 84

OFCCP The Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor oversees regulation of AA.

Question 85

Which of the following is not included as a protected group in a federal contractor's mandatory nondiscrimination clause? Affinity orientation Color Sex Religion

Answer 85

Affinity orientation Affinity Orientation is not covered under the federal contractor nondiscrimination clause

Question 86

OFCCP regulations require that for contracts over $________, the contractor must prepare a written AA plan within 120 days of the contract start date. $75,000 $50,000 $100,000 $10,000

Answer 86

$50,000 From the text, "The OFCCP requires that contractors provide detailed information and reports regarding employment practices and employee composition, and mandates that the OFCCP be provided access to firm records during an investigation. Additionally, the regulations require that for contracts over $50,000, the contractor must prepare a written AA plan within 120 days of the contract start date."

Question 87

Which of the following is a basic AA plan requirement? Reasonable-self analysis Reasonable rationale for taking corrective action Reasonable action All of the Above

Answer 87

All of the Above An AA plan must contain three basic requirements: Reasonable self-analysis Reasonable rationale for taking corrective action Reasonable action

Question 88

What are the two main approaches to preparing an organizational profile? Organizational analysis or standard structured chart System of deliverables or workforce analysis Flow charts or system of deliverables Organizational display or workforce analysis

Answer 88

Organizational display or workforce analysis From the text, "There are two main approaches to preparing a profile: an organizational display or a workforce analysis."

Question 89

What is a job group analysis? Grouping jobs based on the greatest amount of minority disparate treatment Grouping minorities and seeing which jobs most commonly support the groups and searching to understand why only these jobs are being filled Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group Grouping jobs based on how important they are to the continued operations of the business and deciding which positions can be eliminated

Answer 89

Grouping jobs within an organization by function, responsibilities, and potential, and then rendering an analysis on the characteristics of each employee in the job group From the text, "Job group analysis is a procedure involving grouping jobs within an organization by function, responsibilities, and potential and then rendering an analysis on the characteristics of each employee in the job group. The EEOC has established a standard set of job groups that may assist employers in this task."

Question 90

True or False. There is no precise method for determining underutilization.

Answer 90

True From the text, "There is no precise method for determining underutilization, but the Supreme Court uses the “manifest imbalance” test, which implies a substantial underrepresentation."

Question 91

If a federal contractor is not following AA regulations, the Department of Labor can do all of the following except: Debar contractors from bidding on future contracts Cancel the contract Require a certain number of minorities be hired by a certain date Publish the names of offending contractors

Answer 91

Require a certain number of minorities be hired by a certain date From the text, "The Department of Labor may cancel a contract or debar a contractor from participating in bidding for future contracts. Additionally, the DOL may ask the attorney general to seek equitable relief to enforce orders, seek that the department of justice pursue criminal penalties where fraud is involved, publish the names of offending contractors, and/or recommend to the EEOC that judicial proceedings be commenced under Title VII."

Question 92

What is Judicial Affirmative Action? Affirmative action applied to government offices Affirmative action applied to private parties in discrimination lawsuits Affirmative action set in place to ensure the judicial system has enough ethnic diversity Affirmative action applied to federal contractors

Answer 92

Affirmative action applied to private parties in discrimination lawsuits From the text, "When private parties in a discrimination lawsuit end up in court, one of the remedies which may be applied is known as judicial affirmative action."

Question 93

What action did the courts take in the Sheet metal workers v. EEOC case? Imposed an AA plan in which 50 percent of nonwhite workers obtain membership while excluding new white memberships until a corrective balance has been made Imposed an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent nonwhite membership in the union Banned the formal metal workers union because of discrimination Required the leadership of the sheet metal workers union be fired based on its discriminatory behavior

Answer 93

Imposed an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent nonwhite membership in the union The courts "imposed an AA plan remedy upon the union which required a fund be set up, and other action taken, to assist in reaching the goal of 29 percent nonwhite membership in the union."

Question 94

What is reverse discrimination? When a workplace seems to be in perfect harmony with little to no discrimination complaints Opening doors for all types of people instead of limiting or excluding certain protected classes When an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another Overtreating a minority group in a working situation until its members feel uncomfortable

Answer 94

When an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another Reverse discrimination is "when an employee alleges disparate treatment under Title VII in cases where an employer, subject to an AA plan preference, impermissibly considers race and gender in an employment practice in favor of another."

Question 95

In the Regents of the University of California v. Bakke (Bakke) case, a white medical school applicant challenged the University of California at Davis’ policy of setting aside 16% of admission spots for “disadvantaged” minority applicants who could also compete in the standard applicant pool. Mr. Bakke was qualified to be admitted, and argued that the strict 16% standard was an impermissible quota and unfair. Which of the following is correct? The Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants. The Supreme Court held that the AA methods were legal and that Mr. Bakke did not have a viable case. The Supreme Court held that Bakke did not have a case because the University of California was a private institution, thus it did not have to abide by the stringent rules public universities had to. The Supreme Court held that because the set aside pool of minority applicants was under 20%, it was not enough to be a discriminatory portion.

Answer 95

The Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants. From the text, "The Supreme Court agreed that the AA method used by the university was unlawful, as it gave an unwarranted advantage to minority applicants."

Question 96

Which of the following does AA prohibit? Preferences Placement goals Preferences and placement goals Quotas

Answer 96

Quotas Affirmative action prohibits quotas. No employer is ever required to hire an underqualified employee.

Question 97

True or False. Affirmative action applies to the majority of the workforce.

Answer 97

False. Affirmative action applies to only about 20 percent of the workforce.