Chapter 03 Equal Employment Opportunity: Legal Aspects of Human Resource Manage

Title VII specifically exempts private membership clubs from coverage. TRUE Disparate impact occurs when a racially neutral employment practice has the effect of disproportionately excluding a group that falls within a protected category. TRUE Employee activities that are considered protected include opposition to discrimination and participation in a protected proceeding. TRUE Only direct evidence may be used to prove that a causal connection exists between adverse employment actions and protected employee activities. FALSE Both direct and circumstantial evidence may be used to prove that a causal connection exists between adverse employment actions and protected employee activities. The Civil Rights Act of 1991 allows plaintiffs to seek punitive damages when an organization engages in intentional discrimination with malice or reckless indifference. TRUE Protections under Title VII and the ADA do not apply to U.S. citizens employed by covered entities operating in foreign countries. FALSE When the Civil Rights Act of 1991 became law, it amended Title VII and expanded the scope of existing EEO statutes to U.S. citizens employed by covered entities operating in foreign countries. The Rehabilitation Act of 1973 establishes additional requirements for contractors with federal contracts in excess of $2,500. TRUE EEO goals have to be attainable without discriminating against those in the majority. TRUE EEO has implications for all of the following except: A. Investing B. Hiring C. Training D. Collective bargaining Discrimination adds the social problem of _______________. A. poverty B. high taxes C. civic disorder D. All of the choices are correct Title VII prohibits discrimination by all of the following, except: A. Private employers with 15 or more employees B. Private membership clubs C. Federal employers D. Employment agencies

If a plaintiff proves that a disparate impact exists, an organization may then defend its employment by showing validation or _______________. A. business necessity B. hiring records C. process improvement plans D. modified HRM procedures All of the following are examples of protected opposition except: A. Threatening to file a formal complaint alleging discrimination B. Refusing to obey an order because of a reasonable belief that it is discriminatory C. Complaining to others about alleged discrimination against oneself or others D. Threatening the physical well being of a manager of coworker Opposition to discriminatory practices is protected if the employee's manner of opposition is _______________. A. verbal B. reasonable C. written D. public Protected ________ activities include "filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing." A. discrimination B. protest C. participation D. legal All of the following federal regulations prohibit retaliation against employees who oppose discriminatory practices except: A. The Occupational Safety and Health Act B. The Age Discrimination in Employment Act C. The Americans with Disabilities Act D. The Equal Pay Act Which of the following is not an example of unwelcome conduct that may create a hostile work environment? A. Making sexually oriented jokes B. Displaying sexually oriented calendars C. Touching of a sexual nature D. Being passed over for a promotion Why are employers always liable for quid pro quo sexual harassment? A. Because it takes place on company premises B. Because both employees are covered by the company insurance policy C. Because a supervisor's acts are viewed as acts of the employer D. Because an employee must quit to avoid the harassment Generally, an employer may fulfill its duty to prevent or remedy hostile work environment harassment by doing all of the following, except: A. Developing an anti-harassment policy B. Promptly and thoroughly investigating harassment allegations C. Making the details of the case public D. Properly disciplining offenders

Organizations supporting an English-only rule claim they are needed for all of the following reasons except: A. It discourages discrimination B. It promotes harmony among employees C. It promotes effective communication and supervision D. It ensures safe working conditions The bulk of Arab American and Muslim discrimination charges are based on: A. Being dismissed after being questioned B. Not being accommodated for daily prayer and foot washing C. Bans on turbans and head scarves D. All of the choices are correct The Age Discrimination in Employment Act of 1967 protects individuals who are _______________ of age and older from employment discrimination based on their age. A. 30 years B. 40 years C. 50 years D. 65 years The Age Discrimination in Employment Act of 1967 covers the actions of private employers with _________ or more employees. A. 5 B. 20 C. 50 D. 100 Which of the following is exempt from the Americans with Disabilities Act? A. Private sector employers with 15 or more employees B. The U.S. Congress C. State and local government employers D. Native American tribes Which of the following is considered a disability under the Americans with Disabilities Act? A. Major depression B. Hearing impairments C. Anxiety disorders D. All of the choices are correct Any person has _______________ days from the occurrence of a discriminatory act to file a charge with the EEOC. A. 30 B. 60 C. 180 D. 365 Any employer having a contract with the federal government of at least _______________ and employing at least 50 individuals must have an affirmative action plan in writing. A. $5,000 B. $25,000 C. $50,000 D. $250,000

To be considered lawful, a voluntary affirmative action plan must meet all of the following criteria except: A. It must be permanent B. It must exist to eliminate past imbalances based upon a protected group category C. It must not unnecessarily trammel the rights of the majority D. It must not provide for set-aside positions The OFCCP issued Revised Order No. 4, which suggests the format and parts of an Affirmative Action Plan. What do they suggest as the first step in that plan? A. Set goals B. Specify how goals will be attained C. Obtain copies of AAPs from other, like companies D. Analyze under-representation and availability All of the following were primary influences on the development of Equal Opportunity Employment laws except: A. The aging of America's workforce B. Changes in societal values C. The economic status of women and minorities D. The emerging role of government regulation Title VII, as amended by the 1991 Civil Rights Act, states that a disparate impact claim is established if three conditions are met. The first condition is that the complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin. What are the other two conditions? (1) The respondent fails to demonstrate that the challenged practice is job related for the position in question and is consistent with business necessity. (2) The respondent refuses to adopt an alternative employment practice. The Supreme Court established a two-part defense that employers may assert if sexual harassment resulted in no tangible loss. What are the two defenses, and to whom are they available? The employer may claim that (1) it exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (2) that the plaintiff employee unreasonably failed to take advantage of any preventive or correction opportunities provided by the employer. This defense is not available to employers if the employee failed to complain due to a reasonable fear of retaliation. What specific actions did AT&T take to alleviate discrimination within its organization? It tried to change the image of outside-crafts employees from male to gender-neutral by advertising, public relations, and relationships with guidance counselors; it redesigned the jobs so that women could perform them more easily; and it provided detailed information to the Department of Labor on the status of its Affirmative Action Plan that exceeded what is required by federal rules. As Congress turned its attention to civil rights, laws were passed prohibiting discriminating in five areas. What were the five areas? (1) Education, (2) Voting, (3) Public accommodations, (4) Federal programs, (5) Employment What is quid pro quo harassment? Quid pro quo harassment is the attempt to exchange sexual favors for job benefits.

Executive Order 11246 prohibits the same actions as Title VII does, but it carries two additional requirements that contractors must meet. What are they? Executive Order 11246 additionally requires that contractors (1) develop a written plan of affirmative action and (2) establish numerical goals and timetables to achieve integration and equal opportunity. Plaintiffs may defend the termination of protected employees with legitimate reasons, such as poor performance. However, employees may overcome this defense. How? Employees may overcome this defense by demonstrating that the stated reason was a pretext for discrimination. What are two of the economic reasons that companies give for not hiring older workers? (1) The expense of funding pensions for older workers; (2) increased health and life insurance premiums. Identify at least three advantages of hiring older workers. Advantages of hiring older workers include (1) lower turnover; (2) greater consciousness of safety, (3) longer work experience, (4) more maturity, (5) more loyal to the enterprise. What are the four stages of an EEOC investigation into charges of discrimination? (1) Pre-investigation; (2) Investigation, (3) Attempt to settle through conciliation, (4) Sue the employer. Once a final court decision is reached in a Title VII case, it can provide drastic remedies. List 5 possible remedies. Any five of the following: (1) Back pay; (2) Hiring quotas; (3) Reinstatement of employees; (4) Immediate promotion of employees; (5) Abolition of testing programs; (6) Creation of special recruitment programs; (7) Creation of special training programs Title VII of the 1964 Civil Rights act prohibits covered entities from discrimination against employees on the basis of race, color, religion, sex, or _______________. national origin Title VII of the 1964 Civil Rights act prohibits discrimination with regard to any employment condition, including hiring, firing, _______________, transfer, compensation, and training programs. promotion The _______________ rule states that discrimination typically occurs if the selection rate for one group is less than 80 percent of the selection rate for another group. four-fifths _______________ has been defined as "those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. Affirmative action Two different definitions of discrimination have been arrived at by the courts over the years: disparate treatment and disparate _______________. impact Sexual harassment complains are often highly fact-specific and subjective and typically turn on the _______________ of the accused and the accuser. credibility