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Human Resource Management, 15e (Dessler)
Chapter 2 Equal Opportunity and the Law
1) Which amendment to the U.S. Constitution states that "no person shall be deprived of life,
liberty, or property, without due process of the law"?
A) First Amendment
B) Fifth Amendment
C) Tenth Amendment
D) Thirteenth Amendment
Answer: B
Explanation: B) The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that "no
person shall be deprived of life, liberty, or property, without due process of the law." The
Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial
discrimination.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
2) The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held
that it bars racial discrimination.
A) Fifth
B) Tenth
C) Thirteenth
D) Fourteenth
Answer: C
Explanation: C) The Thirteenth Amendment (1865) outlawed slavery, and courts have held that
it bars racial discrimination. The Fifth Amendment to the U.S. Constitution (ratified in 1791)
states that "no person shall be deprived of life, liberty, or property, without due process of the
law."
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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3) The 13th Amendment to the U.S. Constitution addresses the subject of ________.
A) due process
B) slavery
C) private property
D) trial by jury
Answer: B
Explanation: B) The 13th Amendment to the U.S. Constitution abolished slavery, and courts
have held that it bars racial discrimination.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
4) The ________ gives all persons the same right to make and enforce contracts and to benefit
from the laws of the land.
A) Fifth Amendment
B) Civil Rights Act of 1866
C) Title VII of the 1964 Civil Rights Act
D) Thirteenth Amendment
Answer: B
Explanation: B) The Civil Rights Act of 1866 gives all persons the same right to make and
enforce contracts and to benefit from U.S. laws. The Fifth Amendment to the U.S. Constitution
(ratified in 1791) states that "no person shall be deprived of life, liberty, or property, without due
process of the law." The Thirteenth Amendment (1865) outlawed slavery, and courts have held
that it bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers
cannot discriminate based on race, color, religion, sex, or national origin.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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5) Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination
based on all of the following characteristics EXCEPT ________.
A) race
B) religion
C) color
D) sexual orientation
Answer: D
Explanation: D) Sexual orientation is not directly addressed under Title VII of the 1964 Civil
Rights Act. It states that an employer cannot discriminate based on race, color, religion, sex, or
national origin. Title VII bars discrimination on the part of most employers both public and
private with 15 or more employees.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
6) According to Title VII of the 1964 Civil Rights Act, which of the following employers would
be legally allowed to refuse employment to an individual based on race, religion, or sex?
A) a state agency with 65 employees
B) a medical office with 25 employees
C) a local restaurant with 10 employees
D) a department store with 100 employees
Answer: C
Explanation: C) Title VII bars discrimination on the part of most employers, including all public
and private employers of 15 or more persons. It also covers all private and public educational
institutions, the federal government, and state and local governments.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Application of Knowledge
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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7) Which legislation was responsible for the creation of the Equal Employment Opportunity
Commission?
A) Equal Pay Act of 1963
B) Civil Rights Act of 1866
C) Executive Orders 11246 and 11375
D) Title VII of the 1964 Civil Rights Act
Answer: D
Explanation: D) Title VII established the Equal Employment Opportunity Commission (EEOC)
to administer and enforce the Civil Rights law at work. The commission itself consists of five
members appointed by the president with the advice and consent of the Senate. Executive Orders
11246 and 11375 established the Office of Federal Contract Compliance Programs.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
8) The EEOC was initially established to investigate complaints about ________.
A) job discrimination
B) unfair business practices
C) sexual harassment in schools
D) structural accommodations for disabled people
Answer: A
Explanation: A) Title VII established the Equal Employment Opportunity Commission (EEOC)
to administer and enforce the Civil Rights law at work. The EEOC receives and investigates job
discrimination complaints from aggrieved individuals.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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9) How many members serve on the Equal Employment Opportunity Commission?
A) 3
B) 5
C) 9
D) 10
Answer: B
Explanation: B) The Equal Employment Opportunity Commission (EEOC) consists of five
members appointed by the president with the advice and consent of the Senate. Each member
serves a five-year term.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
10) Which of the following appoints the members of the EEOC?
A) U.S. Congress
B) U.S. Supreme Court
C) U.S. President
D) U.S. voters
Answer: C
Explanation: C) The EEOC consists of five members appointed by the president with the advice
and consent of the Senate. Each member serves a five-year term.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
11) Which of the following requires equal pay for equal work regardless of sex?
A) Title VII of the 1964 Civil Rights Act
B) Equal Pay Act of 1963
C) Pay Discrimination in Employment Act of 1967
D) Civil Rights Act of 1991
Answer: B
Explanation: B) Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to
discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills,
effort, and responsibility; and are performed under similar working conditions.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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12) When companies utilize ________, they take steps to eliminate the present effects of past
discrimination.
A) affirmative action
B) executive orders
C) rehabilitation
D) due process
Answer: A
Explanation: A) Affirmative action refers to steps that are taken by companies for the purpose of
eliminating the present effects of past discrimination.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
13) Which of the following is responsible for implementing Johnson administration Executive
Orders 11246 and 11375?
A) Equal Employment Opportunity Commission
B) Pension Benefits Guarantee Corporation
C) Occupational Safety and Health Administration
D) Office of Federal Contract Compliance Programs
Answer: D
Explanation: D) The Johnson administration (1963-1969) issued Executive Orders 11246 and
11375 which didn't just ban discrimination but also required that government contractors with
contracts of over $50,000 and 50 or more employees take affirmative action to ensure
employment opportunity for those who may have suffered past discrimination. These orders
established the Office of Federal Contract Compliance Programs (OFCCP) to implement the
orders and ensure compliance.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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14) Which of the following factors is NOT an acceptable basis for different pay for equal work
under the Equal Pay Act of 1963?
A) gender
B) seniority
C) production quality
D) production quantity
Answer: A
Explanation: A) Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to
discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills,
effort, and responsibility; and are performed under similar working conditions. Pay differences
derived from seniority systems, merit systems, and systems that measure earnings by production
quantity or quality or from any factor other than sex do not violate the act.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Application of Knowledge
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
15) Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely
intended to protect Paul from discrimination?
A) Executive Order 11375
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967
Answer: D
Explanation: D) The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful
to discriminate against employees or applicants who are between 40 and 65 years of age.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Application of Knowledge
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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16) According to the Age Discrimination in Employment Act of 1967, it is unlawful to
________.
A) sue an employer for age-based pay
B) require employees to retire at age 65
C) allow juries to determine age discrimination
D) institute a minimum age for employees
Answer: B
Explanation: B) The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful
to discriminate against employees or applicants who are between 40 and 65 years of age.
Subsequent amendments eliminated the age cap, effectively ending most mandatory retirement at
age 65.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
17) The ________ requires certain federal contractors to take affirmative action for disabled
persons.
A) Equal Pay Act
B) Vocational Rehabilitation Act
C) Age Discrimination in Employment Act
D) Civil Rights Act
Answer: B
Explanation: B) The Vocational Rehabilitation Act of 1973 requires employers with federal
contracts of more than $2,500 to take affirmative action in employing disabled persons. It does
not require hiring unqualified people.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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18) Which of the following refers to highly recommended procedures issued by federal agencies
regarding employee selection and record keeping?
A) job specifications
B) employment metrics
C) process charts
D) uniform guidelines
Answer: D
Explanation: D) Uniform guidelines are issued by federal agencies charged with ensuring
compliance with equal employment federal legislation explaining recommended employer
procedures for complying with the law. They set forth "highly recommended" procedures
regarding things like employee selection and record keeping.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
19) Which of the following does NOT participate in the issuance of uniform guidelines?
A) Department of Labor
B) Better Business Bureau
C) Department of Justice
D) Civil Service Commission
Answer: B
Explanation: B) The EEOC, Civil Service Commission, Department of Labor, and Department
of Justice together issue uniform guidelines. These set forth "highly recommended" procedures
regarding things like employee selection and record keeping.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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20) Uniform guidelines from the EEOC are recommended for employers to use in matters
regarding all of the following EXCEPT ________.
A) employee selection
B) record keeping
C) sexual harassment
D) psychological testing
Answer: D
Explanation: D) The EEOC, Civil Service Commission, Department of Labor, and Department
of Justice together issue uniform guidelines. These set forth "highly recommended" procedures
regarding things like employee selection and record keeping. The American Psychological
Association has its own non-legally binding Standards for Educational and Psychological
Testing.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
21) Which Supreme Court case was used to define unfair discrimination in conjunction with
EEO laws?
A) Brown v. Board of Education
B) Griggs v. Duke Power Company
C) West Coast Hotel Co. v. Parrish
D) Abington School District v. Schempp
Answer: B
Explanation: B) Griggs v. Duke Power Company was a landmark Supreme Court case used to
define unfair discrimination as put forth in EEO laws such as Title VII. The Court ruled that
employment practices must be job related and that discrimination does not have to be overt to be
illegal.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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22) In Griggs v. Duke Power Company, Griggs sued the power company because it required coal
handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because
________.
A) high school diplomas were not related to success as a coal handler
B) Duke Power Company intentionally discriminated based on race
C) no business necessity existed for Duke Power Company
D) Title VII forbids job testing
Answer: A
Explanation: A) The Court ruled in favor of Griggs because having a high school diploma was
not relevant to the job of coal handler. The Court held that an employment practice must be job
related if it has an unequal impact on members of a protected class.
Difficulty: Hard
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
23) If a person is in a protected class, he or she is protected by which of the following?
A) Department of Labor guidelines
B) Sarbanes-Oxley Act
C) Title VII of the Civil Rights Act
D) Consumer Protection Act
Answer: C
Explanation: C) The term protected class refers to persons such as minorities and women who
are protected by equal opportunity laws, including Title VII.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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24) All of the following are principles established by Griggs v. Duke Power Company EXCEPT
________.
A) burden of proof is on the employer
B) performance standards should be unambiguous
C) business necessity is a defense for an existing program
D) discrimination does not have to be overt to be illegal
Answer: B
Explanation: B) The Court ruled in Griggs v. Duke Power Company that the burden of proof is
on the employer to show that a hiring practice such as testing is job related. The Court also ruled
that business necessity is the defense for any existing program that has adverse impact and that
discrimination does not have to be overt to be illegal. The case did not address performance
standards.
Difficulty: Hard
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
25) Under the principles established by Griggs v. Duke Power Company, ________ can be used
as a defense for any existing program that has adverse impact.
A) occupational qualification
B) business necessity
C) affirmative action
D) burden of proof
Answer: B
Explanation: B) Business necessity is the defense for any existing program that has adverse
impact according to Griggs. The court did not define business necessity.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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26) Which court case provided details regarding how employers could validate the relationship
between screening tools and job performance?
A) Oncale v. Sundowner Offshore Services Inc.
B) Albemarle Paper Company v. Moody
C) Griggs v. Duke Power Company
D) Burlington Industries v. Ellerth
Answer: B
Explanation: B) In the Albemarle case, the Court provided more details on how employers could
prove that tests or other screening tools relate to job performance. For example, the Court said
that if an employer wants to test candidates for a job, then the employer should first clearly
document and understand the job's duties and responsibilities.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
27) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual
harassment by a Jill, who is a former Sanders employee. The plaintiff asserts that she was the
victim of numerous unwanted sexual advances from a male co-worker, John. Jill claims that
Sanders' management condoned a hostile work environment and that the company is liable for
the actions of John.
All of the following are most likely relevant questions to address in this court case EXCEPT
________.
A) Does Sanders have a record of employees who claim disparate treatment in the workplace?
B) Did Sanders take reasonable care to prevent sexual harassment in the workplace?
C) Does Sanders have a policy statement regarding sexual harassment?
D) Did Jill take advantage of any corrective opportunities provided by the employer?
Answer: A
Explanation: A) Disparate treatment relates to intentional discrimination, which is not directly
important in this case. Firms decrease their liability in sexual harassment cases if they show that
they have taken reasonable care to prevent sexual harassment through various actions, such as
issuing a policy statement. Whether the co-worker is a U.S. citizen and Sanders is a U.S. entity
are important in determining whether EEO laws are applicable.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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28) The 13th Amendment to the U.S. Constitution states, "no person shall be deprived of life,
liberty, or property, without due process of the law."
Answer: FALSE
Explanation: The 13th Amendment outlawed slavery. The Fifth Amendment states that "no
person shall be deprived of life, liberty, or property, without due process of the law."
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
29) The 14th Amendment to the U.S. Constitution led to the establishment of the EEOC.
Answer: FALSE
Explanation: Title VII of the 1964 Civil Rights Act established the Equal Employment
Opportunity Commission to administer and enforce the Civil Rights law at work.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
30) Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers,
including all public employers or private employers of 15 or more persons.
Answer: TRUE
Explanation: Title VII bars discrimination on the part of most employers, including all public or
private employers of 15 or more persons, all private and public educational institutions, the
federal government, and state and local governments.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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31) The EEOC receives and investigates job discrimination complaints from aggrieved
individuals.
Answer: TRUE
Explanation: The Equal Employment Opportunity Commission receives and investigates job
discrimination complaints from aggrieved individuals. When the EEOC finds reasonable cause
that the charges are justified, it attempts (through conciliation) to reach an agreement. If this
fails, it can go to court.
Difficulty: Easy
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
32) Only an aggrieved individual can file job discrimination charges against a business.
Answer: FALSE
Explanation: The EEOC may file discrimination charges on behalf of aggrieved individuals, or
the individuals may file on behalf of themselves.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
33) The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate
against employees of federal, state, and local agencies who are between 40 and 65 years of age;
however, the law does not apply to private businesses.
Answer: FALSE
Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to
discriminate against employees or applicants who are between 40 and 65 years of age. ADEA
applies to all employers, not just government agencies.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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34) The Supreme Court has held that an employee who is over 40 may sue for discrimination if
he or she is replaced by a "significantly younger" employee, even if the replacement is also over
40.
Answer: TRUE
Explanation: You can't get around the ADEA by replacing employees over 40 years of age with
those who are also over 40. In O'Connor v. Consolidated Coin Caterers Corp., the U.S. Supreme
Court held that an employee who is over 40 years of age might sue for discrimination if a
"significantly younger" employee replaces him or her, even if the replacement is also over 40.
The Court didn't specify what "significantly younger" meant, but O'Connor had been replaced by
someone 16 years younger.
Difficulty: Hard
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
35) If a business offers its employees disability coverage, then pregnancy and childbirth must be
treated like any other disability and included in the plan as a covered condition.
Answer: TRUE
Explanation: The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth,
or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in
any term or condition of employment. Furthermore, under the act, if an employer offers its
employees disability coverage, then it must treat pregnancy and childbirth like any other
disability and include it in the plan as a covered condition.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
36) Title VII forbids all testing of job applicants because testing systematically discriminates
against certain protected classes.
Answer: FALSE
Explanation: The Supreme Court ruled that an employment practice, such as testing, must be job
related if it has an unequal impact on members of a protected class. Title VII does not forbid
testing or screening job applicants but it requires that the test/screen is relevant to performing the
job.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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37) What is the significance of Title VII? What has been the effect of Title VII on the modern
workforce and diversity management?
Answer: Title VII bars discrimination on the part of most employers, including all public or
private employers of 15 or more persons. It also covers all private and public educational
institutions, the federal government, and state and local governments. It bars public and private
employment agencies from failing or refusing to refer for employment any individual because of
race, color, religion, sex, or national origin. Title VII also established the Equal Employment
Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The
changes brought about by Title VII as well as demographic changes and globalization have
altered the modern workforce. White males no longer dominate the labor force, and women and
minorities represent the lion's share of labor force growth over the near future. Furthermore,
globalization requires employers to hire minority members with the appropriate cultural and
language competencies to deal with customers abroad. Managing diversity means maximizing
diversity's potential benefits (greater cultural awareness, and broader language competencies, for
instance) while minimizing the potential barriers (such as prejudices and bias) that can
undermine the company's performance. Legally, compulsory actions can reduce some blatant
diversity barriers; taking a diverse workforce and blending it into a close-knit and productive one
requires more.
Difficulty: Hard
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
38) What were the three crucial guidelines affecting equal employment legislation that Chief
Justice Burger identified in his written opinion on Griggs v. Duke Power Company?
Answer: First, discrimination by the employer need not be overt. The employer does not have to
be shown to have intentionally discriminated against the employee or applicant. It need only
show that discrimination did take place. Second, an employment practice must be job related if it
has an unequal impact on members of a protected class. Third, the burden of proof is on the
employer to show that the hiring practice is job related.
Difficulty: Hard
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 Explain the importance of and list the basic features of Title VII of the
1964 Civil Rights Act and at least five other equal employment laws.
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39) Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the
burden of proving that the challenged practice is job related?
A) employee
B) employer
C) judge
D) EEOC
Answer: B
Explanation: B) According to the Civil Rights Act of 1991, once an aggrieved applicant or
employee demonstrates that an employment practice (such as "must lift 100 pounds") has a
disparate (or "adverse") impact on a particular group, then the burden of proof shifts to the
employer, who must show that the challenged practice is job related.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
40) According to the Civil Rights Act of 1991, an employee who claims intentional
discrimination can sue for all of the following EXCEPT ________.
A) back pay
B) job reinstatement
C) compensatory damages
D) substantive consolidation
Answer: D
Explanation: D) According to the Civil Rights Act of 1991, an employee who claims intentional
discrimination can sue for back pay, attorneys' fees, court costs, job reinstatement, punitive
damages, and compensatory damages. Substantive consolidation is a legal term referring to debt
consolidation.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
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41) Race, color, religion, sex, or national origin is a motivating factor in a particular termination
case, but the employee would have been terminated for failure to perform anyway. Which of the
following most likely exists in this situation?
A) mixed motive
B) disparate impact
C) liability defense
D) burden of proof
Answer: A
Explanation: A) An unlawful employment practice is established when the complaining party
demonstrates that race, color, religion, sex, or national origin was a motivating factor for any
employment practice, even though other factors also motivated the practice. Some employers in
so-called "mixed motive" cases had taken the position that even though their actions were
discriminatory, other factors like the employee's dubious behavior made the job action
acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken
the same action—such as terminating someone—even without the discriminatory motive.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
42) Which of the following requires employers to make reasonable accommodations for disabled
employees?
A) Civil Rights Act of 1991
B) Americans with Disabilities Act of 1990
C) Equal Pay Act
D) Disability Discrimination in Employment Act of 1967
Answer: B
Explanation: B) The Americans with Disabilities Act (ADA) of 1990 prohibits employment
discrimination against qualified disabled individuals. It also says employers must make
"reasonable accommodations" for physical or mental limitations unless doing so imposes an
"undue hardship" on the business.
Difficulty: Easy
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
20
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43) According to the Americans with Disabilities Act, which of the following would NOT be
considered a disability?
A) cosmetic disfigurement
B) anatomical loss
C) pyromania
D) physiological disorder
Answer: C
Explanation: C) The ADA specifies conditions that it does not regard as disabilities, including
homosexuality, compulsive gambling, pyromania, and certain disorders resulting from the
current illegal use of drugs.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
44) Which type of disability accounts for the greatest number of ADA claims?
A) drug-related
B) mental
C) vision
D) hearing
Answer: B
Explanation: B) Mental disabilities account for the greatest number of ADA claims. Under
EEOC ADA guidelines, "mental impairment" includes "any mental or psychological disorder,
such as . . . emotional or mental illness."
Difficulty: Easy
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
21
Copyright © 2017 Pearson Education, Inc.
45) Under ADA, those who can carry out the essential functions of the job are known as which
of the following?
A) protected class
B) career anchors
C) staff authorities
D) qualified individuals
Answer: D
Explanation: D) The ADA prohibits discrimination against qualified individuals—those who,
with (or without) a reasonable accommodation, can carry out the essential functions of the job.
The individual must have the requisite skills, educational background, and experience to do the
job.
Difficulty: Easy
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
46) An employer that uses a screen-reading program to meet the needs of a blind employee is
most likely ________.
A) making a reasonable accommodation
B) fulfilling job analysis requirements
C) identifying essential job functions
D) complying with Title VII rules
Answer: A
Explanation: A) If an employee can't perform the job as currently structured, the employer must
make a "reasonable accommodation" unless doing so would present an "undue hardship."
Reasonable accommodation might include modifying work schedules, or acquiring equipment or
other devices (such as screen-reading programs) to assist the person.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
22
Copyright © 2017 Pearson Education, Inc.
47) Which of the following best explains why employers win the majority of ADA cases?
A) Employers make the necessary reasonable accommodations for employees.
B) Employees fail to prove that their disabilities affect daily living activities.
C) Conservative judges are sympathetic towards most small-business owners.
D) Employee attorneys fail to draw connections between Title VII and ADA.
Answer: B
Explanation: B) Employers traditionally prevailed in almost all—96%—federal circuit court
ADA decisions. The U.S. Supreme Court has ruled that a disability must be central to the
employee's daily living (not just job).
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
48) Which of the following will be the most likely result of the ADA Amendments Act of 2008?
A) Employees will find it easier to prove that their disabilities are limiting.
B) The number of major life activities considered disabilities will be narrowed.
C) Employers will be required to make fewer accommodations for workers with disabilities.
D) Employers will be required to hire a specific percentage of disabled workers to be in
compliance.
Answer: A
Explanation: A) The new ADAA's basic effect will be to make it much easier for employees to
show that their disabilities are influencing one of their "major life activities," such as reading and
thinking.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
23
Copyright © 2017 Pearson Education, Inc.
49) In which of the following situations does sexual harassment NOT violate Title VII?
A) if the conduct substantially interferes with a person's work performance
B) if the conduct creates an intimidating work environment
C) if the conduct is completely consensual
D) if the conduct creates an offensive work environment
Answer: C
Explanation: C) Under Title VII, sexual harassment generally refers to harassment on the basis
of sex when such conduct has the purpose or effect of substantially interfering with a person's
work performance or creating an intimidating, hostile, or offensive work environment.
Consensual sexual interactions may not violate Title VII.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
50) The ________ provides that a person who commits a crime of violence motivated by gender
that deprives another of rights shall be liable to the party injured.
A) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) Pregnancy Discrimination Act
D) Vocational Rehabilitation Act of 1973
Answer: B
Explanation: B) The Federal Violence Against Women Act of 1994 provides that a person who
commits a crime of violence motivated by gender and thus deprives another of rights shall be
liable to the party injured. The law offers an additional path women can use to seek relief for
violent sexual harassment.
Difficulty: Easy
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
24
Copyright © 2017 Pearson Education, Inc.
51) Which of the following is NOT a form of sexual harassment according to EEOC guidelines?
A) unwelcome sexual advances that create an intimidating work environment
B) verbal conduct of a sexual nature that unreasonably interferes with work performance
C) physical conduct of a sexual nature that creates an offensive work environment
D) mutually consensual physical conduct of a sexual nature between co-workers
Answer: D
Explanation: D) EEOC guidelines define sexual harassment as unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an
intimidating, hostile, or offensive work environment or interferes with work performance.
Requests for sexual favors that are used as the basis for employment decisions are also
considered sexual harassment. Consensual sex between co-workers is not considered sexual
harassment.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
52) All of the following are ways for an employee to prove sexual harassment EXCEPT by
proving that ________.
A) the verbal remarks of a co-worker were sexually flirtatious
B) the rejection of a supervisor's sexual advances led to a demotion
C) a hostile work environment was created by a co-worker's sexual conversation
D) a hostile work environment was created by a nonemployee's sexual advances
Answer: A
Explanation: A) The U.S. Supreme Court held that sexual harassment law doesn't cover ordinary
"intersexual flirtation." Someone can prove sexual harassment if rejecting a supervisor's sexual
advances led to a demotion, firing, or altered work assignment. Sexual harassment can also be
proven if a hostile work environment is created by the sexual conduct of supervisors, co-workers,
or nonemployees.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
25
Copyright © 2017 Pearson Education, Inc.
53) Judy was up for a promotion at Simpson Consulting when her supervisor, Will, encouraged
her to develop a sexual relationship with him. He suggested that her promotion would be a sure
thing if they were involved. When Judy declined his advances, Will fired her. Which of the
following would Judy most likely be able to prove in court if she decided to sue Simpson
Consulting?
A) hostile environment created by supervisors
B) hostile environment created by co-workers
C) disparate treatment
D) quid pro quo
Answer: D
Explanation: D) Quid pro quo (something for something) is the most direct way to prove that
rejecting a supervisor's advances adversely affected what the EEOC calls a "tangible
employment action" such as hiring, firing, promotion, demotion, and/or work assignment. Quid
pro quo would be the best option for Judy if she sues the firm for Will's actions.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
54) Gus is always making sexual jokes at work. Many employees find the jokes funny, but
Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decides to
quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley
experienced?
A) quid pro quo
B) hostile environment created by supervisors
C) hostile environment created by co-workers
D) hostile environment created by nonemployees
Answer: B
Explanation: B) As Shelley's supervisor, Gus created a hostile environment according to the
EEOC. A claimant does not need to show that the harassment had tangible consequences such as
demotion. It is sufficient in many cases to prove that a supervisor's sexual harassment
substantially affected an employee's emotional and psychological abilities.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
26
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55) All of the following are ways that an employer can minimize liability in sexual harassment
claims EXCEPT ________.
A) having an informal policy for dealing with sexual harassment
B) taking all complaints about harassment seriously
C) establishing a management response system that includes an immediate reaction and
investigation
D) training supervisors and managers to increase their awareness of the issues
Answer: A
Explanation: A) Establishing a clear sexual harassment policy that clarifies how to report
complaints and investigating charges quickly are major ways that employers can show that they
took reasonable care to prevent and correct sexual harassment, which will minimize liability. An
informal policy does not do so.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
56) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual
harassment by a former Sanders employee. The plaintiff asserts that she was the victim of
numerous unwanted sexual advances from a co-worker. The employee claims that Sanders'
management condoned a hostile work environment and that the company is liable for the actions
of the employee.
Which of the following, if true, would best support the plaintiff's argument that Sanders is liable
for sexual harassment?
A) Sanders re-published its sexual harassment policy twice within the last year.
B) The HR department at Sanders has records of the plaintiff's initial complaints.
C) Sanders lacks a management response system for handling sexual harassment complaints.
D) Sanders recently lost a court case filed by former employees who claimed disparate treatment.
Answer: C
Explanation: C) Employers can minimize their liability in sexual harassment claims by showing
that they have a response system set up for handling sexual harassment complaints, so Sanders
may be liable if it lacks a system.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
27
Copyright © 2017 Pearson Education, Inc.
57) Connor Concrete, a construction firm chain, is being sued for sexual harassment by a former
employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances
from a male co-worker. The woman claims that Connor Concrete's management condoned a
hostile work environment and that the company is liable for the actions of the male employee.
Which of the following, if true, would most likely undermine the plaintiff's claim that Sanders is
liable for the male employee's conduct?
A) The male employee physically threatened the plaintiff on three occasions.
B) The male employee made sexual advances towards the plaintiff on a daily basis.
C) The male employee was required by HR to participate in a sexual harassment awareness
course.
D) The male employee's conduct significantly interfered with the plaintiff's ability to perform her
job.
Answer: C
Explanation: C) If the male employee was required to take a sexual harassment course, then that
action shows Sanders was making a reasonable attempt to stop the behavior. A hostile
environment most likely existed if the male employee made threats and daily sexual advances
that interfered with the plaintiff's job performance.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
58) One of Alexis' male co-workers has been making sexually suggestive comments to Alexis
about her clothing and her appearance, which makes Alexis feel uncomfortable at work. What is
the first step Alexis should take to address the problem?
A) filing a complaint with the local EEOC office
B) filing a verbal complaint with the harasser's boss
C) writing a letter to the accused
D) consulting an attorney
Answer: B
Explanation: B) The first step Alexis should take is filing a verbal complaint with the harasser
and the harasser's boss. After that, writing a letter to the accused and filing a report with the HR
director are appropriate actions. Filing a complaint with the EEOC and consulting an attorney are
the final steps to take if previous efforts have not improved the situation.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
28
Copyright © 2017 Pearson Education, Inc.
59) The last step a worker should usually take when they are sexually harassed is:
A) file a verbal contemporaneous complaint with the harasser's manager
B) file written reports regarding the unwelcome conduct with the human resource director
C) file a verbal contemporaneous complaint with the harasser
D) file a claim with the EEOC
Answer: D
Explanation: D) Courts generally look to whether the harassed employee used the employer's
reporting procedures to file a complaint promptly. After the process with the employer is
exhausted and remedy is still needed then the workers should file with the EEOC.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
60) The Civil Rights Act of 1991 makes it more difficult for plaintiffs to sue for monetary
damages in cases of disparate treatment.
Answer: FALSE
Explanation: CRA 1991 makes it easier to sue for monetary damages in cases of disparate
treatment or intentional discrimination. CRA 1991 provides that an employee who is claiming
intentional discrimination can ask for both compensatory damages and punitive damages.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
61) The Americans with Disabilities Act of 1990 does not list specific disabilities but provides
impairment guidelines instead.
Answer: TRUE
Explanation: The ADA does not list specific disabilities. Instead, EEOC guidelines say someone
is disabled when he or she has a physical or mental impairment that "substantially limits" one or
more major life activities. Impairments include any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of several body systems, or any mental
or psychological disorder.
Difficulty: Easy
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
29
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62) Being disabled qualifies an individual for a job.
Answer: FALSE
Explanation: Just being disabled doesn't qualify someone for a job. Qualified individuals are
those who with (or without) a reasonable accommodation can carry out the essential functions of
the job.
Difficulty: Easy
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
63) Mental disabilities, such as depression and anxiety disorders, account for the greatest number
of claims brought under the ADA.
Answer: TRUE
Explanation: Mental disabilities account for the greatest number of ADA claims. Under EEOC
ADA guidelines, "mental impairment" includes "any mental or psychological disorder, such as . .
. emotional or mental illness." Examples include major depression, anxiety disorders, and
personality disorders.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
64) According to the ADA, firms must employ all disabled individuals who apply for positions
and provide them with job training when necessary.
Answer: FALSE
Explanation: Employers are not required to employ all disabled job applicants. The ADA
prohibits discrimination against qualified individuals—those who, with (or without) a reasonable
accommodation, can carry out the essential functions of the job. The individual must have the
requisite skills, educational background, and experience to do the job.
Difficulty: Easy
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
30
Copyright © 2017 Pearson Education, Inc.
65) According to GINA, health insurers and employers are prohibited from discriminating based
on people's genetic information.
Answer: TRUE
Explanation: The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination
by health insurers and employers based on people's genetic information. Specifically, it prohibits
the use of genetic information in employment, prohibits the intentional acquisition of genetic
information about applicants and employees, and imposes strict confidentiality requirements.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
66) To prove sexual harassment, it is necessary to show that the harassment had tangible
consequences such as demotion or termination.
Answer: FALSE
Explanation: In Burlington Industries v. Ellerth, the employee accused her supervisor of quid
pro quo harassment. She said her boss propositioned and threatened her with demotion if she did
not respond. He did not carry out the threats, and she was promoted. Therefore, in quid pro quo
cases it is not necessary for the employee to suffer a tangible job action (such as a demotion) to
win the case.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
67) Research indicates that more women than men find socio-sexual behaviors at work to be
flattering rather than offensive.
Answer: FALSE
Explanation: A study found that 58% of employees reported experiencing potentially
harassment-type behaviors at work. Overall, 25% found the behavior flattering or benign.
Women tend to view a broader range of socio-sexual behaviors (touching, for instance) as
harassing.
Difficulty: Moderate
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
31
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68) Describe how the ADA Amendments Act of 2008 affects both employers and employees.
Answer: The era in which employers prevail in most ADA claims probably ended January 1,
2009. On that day, the ADA Amendments Act of 2008 (ADAAA) became effective. The EEOC
had been interpreting the ADA's "substantially limits" phrase very narrowly. The 2008
ADAAA's basic effect is to make it much easier for employees to show that their disabilities are
limiting. For example, the new act makes it easier for an employee to show that his or her
disability is influencing one of the employee's "major life activities." It does this by adding
examples like reading, concentrating, thinking, sleeping, and communicating to the list of ADA
major life activities. As another example, under the new act, an employee will be considered
disabled even if he or she has been able to control his or her impairments through medical or
"learned behavioral" modifications. The bottom line is that employers will henceforth have to
redouble their efforts to make sure they're complying with the ADA and providing reasonable
accommodations to employees.
Difficulty: Hard
Chapter: 2
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
69) What are the three primary ways that an individual can prove sexual harassment? Name and
describe each one.
Answer: The three main ways an employee can prove sexual harassment are quid pro quo,
hostile environment created by supervisors, or hostile environment created by co-workers or
nonemployees. Quid pro quo means that submission to sexual conduct is made a term or
condition of employment or advancement. For example, a manager could say that a subordinate
will only get a promotion if the subordinate does a sexual act with the manager. Even when no
direct threats or promises are made in exchange for sexual advances, if an offensive work
environment is created, sexual harassment has occurred. Such an offensive work environment is
called a hostile environment. This hostile environment can be created by co-workers and their
behaviors and actions. It can also be created by the behaviors and actions of a supervisor. A
hostile environment is seen to exist when the discriminatory conduct is frequent and repeated
over time or severe in nature and it unreasonably interferes with an employee's work
performance. EEOC guidelines state that an employer is liable for the sexually harassing acts of
its nonsupervisory employees if the employer knew or should have known of the harassing
conduct.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
32
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70) What are the two primary arguments available to employers when defending against sexual
harassment liability? What two defenses are available to employers fighting discriminatory
practice allegations?
Answer: An employer must show that it exercised reasonable care to prevent and correct
promptly any sexually harassing behavior. Reasonable care can be shown through strong sexual
harassment policies, training managers and employees regarding their responsibilities for
complying with these policies, instituting reporting processes, investigating charges promptly,
and taking corrective action promptly. Second, the employer can demonstrate that the plaintiff
"unreasonably failed to take advantage of any preventive or corrective opportunities provided by
the employer." The employee's failing to use formal organizational reporting systems satisfies
the second component. When defending against discriminatory practice allegations, an employer
can claim that the employment practice is a bona fide occupational qualification for performing
the job. The other option is showing that the practice is a business necessity, which requires
showing that there is an overriding business purpose for the discriminatory practice and that the
practice is therefore acceptable.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
71) What steps can an employee take to address the problem of sexual harassment in the
workplace?
Answer: Employees can take the following 5 steps: 1) Verbal protest, 2) Write a letter to the
accused, 3) File verbal and written report, 4) File claim at local EEOC, and 5) Consult an
attorney.
Difficulty: Hard
Chapter: 2
Objective: 2
AACSB: Analytical Thinking
Learning Outcome: 2.2: Describe post-1990 employment laws including the Americans with
Disabilities Act and how to avoid accusations of sexual harassment at work.
33
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72) ________ exists when an employer treats an individual differently because that individual is
a member of a particular race, religion, gender, or ethnic group.
A) Disparate impact
B) Disparate treatment
C) Adverse impact
D) Prima facie
Answer: B
Explanation: B) Disparate treatment means intentional discrimination and "exists where an
employer treats an individual differently because that individual is a member of a particular race,
religion, gender, or ethnic group."
Difficulty: Easy
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
73) Which of the following refers to the overall effect of employer practices that result in
significantly higher percentages of members of protected groups being rejected for employment,
placement, or promotion?
A) disparate treatment
B) disparate impact
C) adverse impact
D) prima facie
Answer: C
Explanation: C) Adverse impact is the overall effect of employer practices that result in
significantly higher percentages of members of protected groups being rejected for employment,
placement, or promotion.
Difficulty: Easy
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
34
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74) All of the following are ways that an employee or job applicant can show adverse impact
EXCEPT ________.
A) comparing disparate rejection rates
B) holding a fact-finding conference
C) utilizing population comparisons
D) using the standard deviation rule
Answer: B
Explanation: B) The EEOC investigates charges of discrimination and frequently holds fact-
finding conferences, so this would not be an option for employees or job applicants. Comparing
disparate rejection rates, making population comparisons, and using the standard deviation rule
are methods available to employees and applicants trying to show that an employer's procedures
have an adverse effect on a protected group.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
75) Which of the following is used by lawyers in disparate impact cases to show intentional
disparate treatment?
A) disparate rejection rates
B) restricted policy approach
C) population comparisons
D) McDonnell-Douglas test
Answer: D
Explanation: D) Lawyers in disparate impact cases use disparate rejection rates, restricted policy
approaches, and population comparisons to test whether an employer's policies or actions have
the effect of unintentionally screening out disproportionate numbers of women or minorities.
Lawyers use the McDonnell-Douglas test for showing (intentional) disparate treatment, rather
than (unintentional) disparate impact.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
35
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76) The formula used by federal agencies to determine disparate rejection rates is based on a
selection rate for any racial, ethnic, or sex group less than ________ percent of the rate for the
group with the highest rate.
A) 40
B) 60
C) 80
D) 100
Answer: C
Explanation: C) Federal agencies use a "4/5ths rule" to assess disparate rejection rates: "A
selection rate for any racial, ethnic, or sex group which is less than four-fifths or 80% of the rate
for the group with the highest rate will generally be regarded as evidence of adverse impact,
while a greater than four-fifths rate will generally not be regarded as evidence of adverse
impact."
Difficulty: Easy
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
77) Which of the following tests for adverse impact involves demonstrating that the employer's
policy either intentionally or unintentionally excludes members of a protected group?
A) McDonnell-Douglas test
B) BFOQ approach
C) systemic method
D) restricted policy
Answer: D
Explanation: D) The restricted policy approach means demonstrating that the employer's policy
intentionally or unintentionally excluded members of a protected group.
Difficulty: Easy
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
36
Copyright © 2017 Pearson Education, Inc.
78) Which of the following involves comparing the percentage of the minority/protected group
and white workers in an organization with the percentage of the corresponding group in the labor
market?
A) personnel population comparison approach
B) restricted policy comparison method
C) population comparisons approach
D) McDonnell-Douglas test
Answer: C
Explanation: C) This approach compares (1) the percentage of minority/protected group and
white workers in the organization with (2) the percentage of the corresponding group in the labor
market.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
79) Which law allows an employer to claim that an employment practice is a bona fide
occupational qualification for performing the job?
A) Title VII of the 1964 Civil Rights Act
B) Vocational Rehabilitation Act of 1973
C) Genetic Information Nondiscrimination Act of 2008
D) 1972 Equal Opportunity Act
Answer: A
Explanation: A) An employer can claim that the employment practice is a bona fide
occupational qualification (BFOQ) for performing the job according to Title VII. Title VII
provides that "it should not be an unlawful employment practice for an employer to hire an
employee . . . on the basis of religion, sex, or national origin in those certain instances where
religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to
the normal operation of that particular business or enterprise."
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
37
Copyright © 2017 Pearson Education, Inc.
80) Employers primarily use bona fide occupational qualification (BFOQ) as a defense against
charges of discrimination based on ________.
A) religion
B) age
C) gender
D) nationality
Answer: B
Explanation: B) Employers use BFOQ mostly as a defense against charges of intentional
discrimination based on age. However, Title VII provides that "it should not be an unlawful
employment practice for an employer to hire an employee . . . on the basis of religion, sex, or
national origin in those certain instances where religion, sex, or national origin is a bona fide
occupational qualification reasonably necessary to the normal operation of that particular
business or enterprise."
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
81) In which of the following jobs would gender most likely be appropriate to use as a BFOQ?
A) fire fighter in a metropolitan fire department
B) prison guard at a federal penitentiary
C) teacher at a private, all-girls school
D) actor in a toothpaste commercial
Answer: D
Explanation: D) Gender may be a BFOQ for positions like actor, model, and restroom attendant
requiring physical characteristics possessed by one sex. However, for most jobs today, it's
difficult to claim that gender is a BFOQ.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
38
Copyright © 2017 Pearson Education, Inc.
82) Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion
show featuring men's wear. The studio is using ________ as a justification for not considering
women for the jobs.
A) BARS
B) ADEA
C) EEOC
D) BFOQ
Answer: D
Explanation: D) An employer can claim that the employment practice is a bona fide
occupational qualification (BFOQ) for performing the job. In this case, a specific gender is
necessary for the job.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
83) Which defense requires showing that there is an overriding company-related purpose for a
discriminatory practice and that the practice is therefore acceptable?
A) prima facie
B) business necessity
C) adverse impact
D) mixed motive
Answer: B
Explanation: B) "Business necessity" is a defense created by the courts that requires showing
that there is an overriding business purpose for the discriminatory practice and that the practice is
therefore acceptable. It's not easy to prove business necessity because the Supreme Court made it
clear that business necessity does not encompass such matters as avoiding an employer
inconvenience, annoyance, or expense.
Difficulty: Easy
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
39
Copyright © 2017 Pearson Education, Inc.
84) The application requirements for Western Airlines pilot positions require candidates to have
logged at least 200 hours piloting an aircraft within the previous 36 months. In addition,
applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the
commanding pilot of a commercial airplane. A four-year college degree is also required. Jeff
Sanchez, who is Hispanic, applied for a position as a pilot and was rejected because he has a
degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western
Airlines for discriminatory hiring practices.
Which of the following, if true, best supports Western Airlines' defense?
A) At Western Airlines, turnover is high among minority employees working as pilots and flight
attendants.
B) Recent experiences with college recruiting have led Western Airlines to increase the
percentage of its minority pilots.
C) The total number of hours spent flying a commercial airline is a valid predictor of
performance for most Western Airlines pilots.
D) Western Airlines bases its selection tests and hiring practices on industry guidelines for
commercial pilots.
Answer: C
Explanation: C) Western Airlines' best defense involves proving that its selection tests or other
employment practices are valid predictors of performance on the job. Where the employer can
establish such validity, the courts have generally supported using the test or other employment
practice as a business necessity. In this example, the number of flight hours is a predictor of job
performance. Turnover, recruiting, and industry guidelines are less important factors.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
40
Copyright © 2017 Pearson Education, Inc.
85) The application requirements for Western Airlines pilot positions require candidates to have
logged at least 200 hours piloting an aircraft within the previous 36 months. In addition,
applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the
commanding pilot of a commercial airplane. A four-year college degree is also required. Wallace
Roberts, who is African-American, applied for a position as a pilot and was rejected because he
has a degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing
Western Airlines for discriminatory hiring practices.
Which of the following statements is most likely relevant to this court case against Western
Airlines?
A) Most pilots at Western Airlines belong to labor unions and are involved in collective
bargaining arrangements detrimental to the industry.
B) The job requirements for pilots at Western Airlines are a business necessity due to the human
risks associated with hiring unqualified applicants.
C) The Age Discrimination in Employment Act prevents firms, such as Western Airlines, from
discriminating when age is a BFOQ.
D) As a global firm, Western Airlines can easily establish a prima facie case of discrimination
based on race.
Answer: B
Explanation: B) Commercial pilots put passengers at risk if they are unqualified, so it is a
business necessity for Western Airlines to have what may be discriminatory hiring practices. In
this example, the job requires a high degree of skill, and the economic and human risks of hiring
an unqualified applicant are great.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
41
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86) All of the following recruitment practices are potentially discriminatory EXCEPT ________.
A) spreading information about job openings through word-of-mouth among a firm's
predominantly Hispanic workforce
B) providing misleading information to Asian and Indian job applicants
C) posting help wanted ads that specify young, male applicants
D) posting job advertisements only in local newspapers
Answer: D
Explanation: D) Ads that specify age or gender may be problematic, but only posting ads in
local newspapers is acceptable. Using word-of-mouth to relay information about job openings is
only problematic if the workforce is mostly made up of members of a particular group. Providing
misleading or false information to certain applicants is also potentially discriminatory.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
87) Which of the following is most likely an example of a discriminatory selection standard?
A) measuring a software designer applicant's knowledge about a computer language
B) requiring a high school teacher applicant to have a four-year college degree
C) requiring engineer applicants to meet specific height standards
D) asking prison guard applicants to reveal their arrest records
Answer: C
Explanation: C) It would most likely be unlawful to require engineers to meet certain height
standards because height is not related to the job. If a job requires security clearance, such as a
prison guard, then it is not discriminatory to ask about an applicant's arrest record. Educational
requirements, physical characteristics, and knowledge are acceptable selection standards when
they specifically relate to the job.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
42
Copyright © 2017 Pearson Education, Inc.
88) Under the Civil Rights Act of 1991, disparate impact claims require proof of discriminatory
intent.
Answer: FALSE
Explanation: Disparate impact means that an employer engages in an employment practice or
policy that has a greater adverse impact (effect) on the members of a protected group under Title
VII than on other employees, regardless of intent.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
89) The McDonnell-Douglas test is a procedure used by federal agencies to assess disparate
impact.
Answer: FALSE
Explanation: Lawyers use the McDonnell-Douglas test for showing disparate treatment instead
of disparate impact. The 4/5ths rule is used by federal agencies to assess disparate rejection rates.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
90) The restricted policy approach involves demonstrating that an employer's hiring practices
either intentionally or unintentionally exclude members of a protected group.
Answer: TRUE
Explanation: The restricted policy approach means demonstrating that the employer's policy
intentionally or unintentionally excluded members of a protected group. Here the problem is
usually obvious—such as policies against hiring bartenders less than six feet tall. Evidence of
restricted policies such as these is enough to prove adverse impact and to expose an employer to
litigation.
Difficulty: Easy
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
43
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91) Shippers Express is accused of adverse impact on a protected group. Eighty percent of all
male applicants are hired, but only 50% of female applicants are hired. Using the formula for
disparate rejection rates, adverse impact cannot be shown.
Answer: FALSE
Explanation: A selection rate for any racial, ethnic, or sex group which is less than four-fifths or
80% of the rate for the group with the highest rate will generally be regarded as evidence of
adverse impact, while a greater than four-fifths rate will generally not be regarded as evidence of
adverse impact. In this example, Shippers Express hires 80% of male applicants, but only 50% of
female applicants. Four-fifths of 80% would be 64%. Since 50% is less than 64%, adverse
impact exists.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
92) Utilization analysis compares the percentage of minority employees at a firm with the
number of similarly trained minorities available in the relevant labor market.
Answer: TRUE
Explanation: The process of comparing the percentage of minority employees in a job (or jobs)
at the company with the number of similarly trained minority employees available in the relevant
labor market is utilization analysis.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
93) Employers most frequently use a bona fide occupation qualification as a defense against
charges of intentional discrimination based on gender compared to other protected class types.
Answer: FALSE
Explanation: In most cases, employers use BFOQ as a defense against charges of intentional
discrimination based on age.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
44
Copyright © 2017 Pearson Education, Inc.
94) The Age Discrimination in Employment Act prohibits the use of age as a BFOQ for any type
of employment.
Answer: FALSE
Explanation: The Age Discrimination in Employment Act (ADE
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
95) Under no circumstances may religion be used as a bona fide occupational qualification
(BFOQ).
Answer: FALSE
Explanation: Religion may be a BFOQ in religious organizations or societies that require
employees to share their particular religion. For example, religion may be a BFOQ when hiring
persons to teach in a religious school.
Difficulty: Moderate
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
96) Compare and contrast disparate treatment and disparate impact.
Answer: Disparate treatment means intentional discrimination. It exists where an employer
treats an individual differently because that individual is a member of a particular race, religion,
gender, or ethnic group. Disparate impact means that an employer engages in an employment
practice or policy that has a greater impact on the members of a protected group under Title VII
than on other employees, regardless of intent. Disparate treatment requires finding intent to
discriminate while disparate impact claims do not require proof of discriminatory intent.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Analytical Thinking
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
45
Copyright © 2017 Pearson Education, Inc.
97) What are the methods an applicant or employee can use to show that an employer's
procedures (such as a selection test) have an adverse impact on a protected group?
Answer: In practice, an applicant or employee can use one of these methods to show that one of
an employer's procedures has an adverse impact on a protected group: 1) disparate rejection rate,
which is a method that compares the rejection rates for a minority group and another group
(usually the remaining nonminority applicants). Federal agencies use a 4/5ths rule to assess
disparate rejection rates. 2) The standard deviation rule, which is a statistical measure of
variability that helps to describe the difference between the numbers of minority candidates who
were expected to be hired and who were actually hired and should be less than two standard
deviations. 3) Restricted policy is a method that demonstrates that the employer's policy
intentionally or unintentionally excluded members of a protected group. 4) Population
comparisons method, which compares the percentage of minority/protected group and white
workers in the organization with the percentage of the corresponding group in the labor market.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
98) How can managers help firms avoid claims of discrimination? What laws are especially
important for managers to understand in order to avoid triggering discrimination claims?
Answer: The human resource manager certainly plays a big role in helping the company avoid
discriminatory practices like these, but at the end of the day, the first-line supervisor usually
triggers the problem. Managers need to understand the questions that can and cannot be asked
when interviewing applicants, and know what constitutes sexual harassment, and how equal
employment opportunity law affects all human resources decisions, including those relating to
appraisal, compensation, promotions, disciplinary procedures, and employee dismissals. First,
managers should understand the Equal Pay Act of 1963, which states it is unlawful to
discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills,
effort, and responsibility; and are performed under similar working conditions. Managers should
also understand the Age Discrimination in Employment Act of 1967 (ADEA), which made it
unlawful to discriminate against employees or applicants who are between 40 and 65 years of
age. Younger managers may have to especially guard against ageist prejudices and assuming that
younger workers are better qualified than older workers.
Difficulty: Hard
Chapter: 2
Objective: 3
AACSB: Application of Knowledge
Learning Outcome: 2.3 Illustrate two defenses you can use in the event of discriminatory
practice allegations, and cite specific discriminatory personnel management practices in
recruitment, selection, promotion, transfer, layoffs, and benefits.
46
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99) What is the most common next step in the EEOC enforcement process after a person files an
employment discrimination claim?
A) The EEOC either accepts or refers the charge.
B) The two parties are required to participate in mediation.
C) A commission investigates the claim in an open meeting.
D) The employer and EEOC bring a civil suit in a federal district court.
Answer: A
Explanation: A) After a person files an employment discrimination claim, the EEOC's common
practice is to accept a charge or orally refer it to a state or local agency. An investigation,
voluntary mediation, and litigation may occur after the charge is accepted.
Difficulty: Moderate
Chapter: 2
Objective: 4
AACSB: Analytical Thinking
Learning Outcome: 2.4 List the steps in the EEOC enforcement process.
100) Which of the following refers to an informal meeting held early in an EEOC enforcement
investigation that attempts to define issues and determine if settlement is possible?
A) voluntary mediation
B) fact-finding conference
C) collective bargaining
D) mandatory arbitration
Answer: B
Explanation: B) Early in the investigation, the EEOC holds an initial fact-finding conference.
The EEOC calls these "informal meetings" for defining issues and determining whether there's a
basis for negotiation. However, the EEOC's real focus here is often on settlement. Its
investigators use the conferences to find weak spots in each party's position, which are used to
push for a settlement.
Difficulty: Easy
Chapter: 2
Objective: 4
AACSB: Analytical Thinking
Learning Outcome: 2.4 List the steps in the EEOC enforcement process.
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101) The EEOC describes ________ as an informal process in which a neutral third party assists
the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination.
A) a fact-finding conference
B) voluntary mediation
C) mandatory arbitration
D) alternative dispute resolution
Answer: B
Explanation: B) The EEOC refers about 10% of its charges to a voluntary mediation
mechanism. This is "an informal process in which a neutral third party assists the opposing
parties to reach a voluntary, negotiated resolution of a charge of discrimination."
Difficulty: Easy
Chapter: 2
Objective: 4
AACSB: Analytical Thinking
Learning Outcome: 2.4 List the steps in the EEOC enforcement process.
102) The first step of the EEOC enforcement process is to serve notice.
Answer: FALSE
Explanation: The first step of the EEOC enforcement process is when someone files a charge
with the EEOC. Serve notice is the third step.
Difficulty: Moderate
Chapter: 2
Objective: 4
AACSB: Analytical Thinking
Learning Outcome: 2.4 List the steps in the EEOC enforcement process.
103) Alternative dispute resolution is a grievance procedure that provides for non-binding
arbitration in employment discrimination claims.
Answer: FALSE
Explanation: Alternative dispute resolution or ADR programs are grievance procedures that
provide binding arbitration in EEO lawsuits.
Difficulty: Easy
Chapter: 2
Objective: 4
AACSB: Analytical Thinking
Learning Outcome: 2.4 List the steps in the EEOC enforcement process.
48
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104) A workforce comprised of two or more groups of employees with various racial, gender,
cultural, handicap, age, and religious backgrounds is best described as ________.
A) competitive
B) ethnocentric
C) globalized
D) diverse
Answer: D
Explanation: D) Diversity means being diverse or varied, and at work means having a workforce
comprised of two or more groups of employees with various racial, ethnic, gender, cultural,
national origin, handicap, age, and religious backgrounds.
Difficulty: Easy
Chapter: 2
Objective: 5
AACSB: Analytical Thinking
Learning Outcome: 2.5 Discuss why diversity management is important and how to install a
diversity management program.
105) Which of the following would LEAST likely foster diversity in the workplace?
A) changing the culture through diversity training education programs
B) appointing a small group of minorities to high-profile positions
C) recruiting minority members to the board of directors
D) using metrics to evaluate diversity programs
Answer: B
Explanation: B) Tokenism occurs when a company appoints a small group of women or
minorities to high-profile positions, rather than more aggressively seeking full representation for
that group. Diversity is fostered through education, minority participation on the board of
directors, and regular assessment.
Difficulty: Hard
Chapter: 2
Objective: 5
AACSB: Application of Knowledge
Learning Outcome: 2.5 Discuss why diversity management is important and how to install a
diversity management program.
49
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106) In Bakke v. Regents of the University of California, which of the following claims was
made by Allen Bakke?
A) sexual harassment
B) racial discrimination
C) reverse discrimination
D) affirmative action
Answer: C
Explanation: C) The case serves as an example of reverse discrimination. In Bakke v. Regents of
the University of California (1978), the University of California at Davis Medical School denied
admission to white student Allen Bakke, allegedly because of the school's affirmative action
quota system, which required that a specific number of openings go to minority applicants. In a
5-to-4 vote, the U.S. Supreme Court struck down the policy that made race the only factor in
considering applications for a certain number of class openings and thus allowed Bakke's
admission.
Difficulty: Moderate
Chapter: 2
Objective: 5
AACSB: Application of Knowledge
Learning Outcome: 2.5 Discuss why diversity management is important and how to install a
diversity management program.
107) Discrimination is an attitude that prejudges someone based on that person's trait.
Answer: FALSE
Explanation: Discrimination is not an attitude, rather it is taking specific actions toward or
against a person based on the person's group.
Difficulty: Easy
Chapter: 2
Objective: 5
AACSB: Analytical Thinking
Learning Outcome: 2.5 Discuss why diversity management is important and how to install a
diversity management program.
108) Jill and Lauren are the only women who are in the upper levels of management in a large
multinational technology company. An organization appointing only a small group of women or
minorities to high-profile positions like we see here is called tokenism.
Answer: TRUE
Explanation: Tokenism means a company appoints a small group of women or minorities to
high-profile positions, rather than more aggressively seeking full representation for that group.
Difficulty: Moderate
Chapter: 2
Objective: 1
AACSB: Application of Knowledge
Learning Outcome: 2.5 Discuss why diversity management is important and how to install a
diversity management program.
50
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109) The tendency to view members of other social groups less favorably than one's own is
called tokenism.
Answer: FALSE
Explanation: Ethnocentrism is the tendency to view members of other social groups less
favorably than one's own.
Difficulty: Easy
Chapter: 2
Objective: 5
AACSB: Analytical Thinking
Learning Outcome: 2.5 Discuss why diversity management is important and how to install a
diversity management program.
110) Managing diversity means maximizing diversity's potential benefits while minimizing the
potential problems of diversity that can undermine a firm's performance.
Answer: TRUE
Explanation: Diversity management means maximizing diversity's potential benefits while
minimizing potential barriers—such as prejudice—that can undermine a cooperation.
Difficulty: Easy
Chapter: 2
Objective: 5
AACSB: Analytical Thinking
Learning Outcome: 2.5 Discuss why diversity management is important and how to install a
diversity management program.