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CHAPTER 2

EQUAL EMPLOYMENT OPPORTUNITY


AND HUMAN RESOURCES MANAGEMENT
In this chapter you will learn how managers must be constantly aware of the laws and
regulations governing the employment relationship. This is true for both federal and
state regulations. Many of these laws concern the fair and equal employment of
protected classes of workers, although equal employment opportunity (EE! laws
pertain to all members of the labor force. "ou will understand from this chapter that
equal employment opportunity laws cover all aspects of employment, including
recruitment, selection, training, promotion, and compensation. In hiring or supervision
employees, you will know to give careful attention to the application of equal
employment opportunity laws and regulations to prevent charges of discrimination.
#inally, you will be able to distinguish how protected classes can sustain a charge of
adverse impact, how an employer can establish a defense of adverse impact, and how
the employer should establish an affirmative action program.
LEARNING OBJECTIVES
$fter studying this chapter you should be able to
E%plain the reasons behind the passage of equal employment opportunity
legislation.
&repare an outline describing the ma'or laws affecting equal employment
opportunity. (escribe bona fide occupational qualification and religious
preference as equal employment opportunity issues.
(iscuss se%ual harassment and immigration reform and control as equal
employment opportunity concerns.
E%plain the use of the Uniform Guidelines on Employee Selection Procedures.
&rovide e%amples illustrating the concept of adverse impact and apply the four)
fifths rule.
(iscuss significant court cases impacting equal employment opportunity.
2-2 Managing Human Re!u"#e
Illustrate various enforcement procedures affecting equal employment
opportunity.
(escribe affirmative action and the basic steps in developing an affirmative
action program.
CHAPTER SUMMARY RELATING TO LEARNING OBJECTIVES
Employment discrimination against blacks, *ispanics, women, and other groups
has long been practiced by +.,. employers. &re'udice against minority groups is
a ma'or cause in their lack of employment gains. -overnment reports show that
the wages and 'ob opportunities of minorities typically lag behind those for whites.
#actors that have influenced the growth of equal employment opportunity legislation.
changing attitudes toward employment discrimination, published reports highlighting
the economic problems of women, minorities, and older workers, and a growing body of
disparate laws and government regulations covering discrimination.
,ome of the significant laws that have been passed barring employment
discrimination are.
The Equal &ay $ct of /012 outlaws discrimination in pay, employee benefits,
and pensions based on the worker3s gender.
Title 4II of the 5ivil 6ights $ct of /017 is the broadest and most significant of the
antidiscrimination statues. The act bars discrimination in all human resources
activities, including hiring, training, promotion, pay, employee benefits, and other
conditions of employment. (iscrimination is prohibited on the basis of race, color,
religion, se%, or national origin.
$ge (iscrimination in Employment $ct of /018 prohibits private and public
employers from discriminating against persons 79 years of age or older in any area of
employment because of age: e%ceptions are permitted where age is a bona fide
occupational qualification.
Equal Employment pportunity $ct of /08;, amended Title 4II of 5ivil 6ights $ct of
/017, it strengthens Equal Employment pportunity 5ommission3s enforcement powers
and e%tends coverage of Title 4II to government employees, employees in higher
education, and other employers and employees.
The &regnancy (iscrimination $ct of /08< broadens the definition of se%
discrimination to include pregnancy, childbirth, or related medical conditions: prohibits
employers from discriminating against pregnant women in employment benefits if they
are capable of performing their 'ob duties.
The $mericans with (isabilities $ct of /009 prohibits discrimination in employment
against persons with physical or mental disabilities or the chronically ill: en'oins


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employers to make reasonable accommodation to the employment needs of the
disabled: covers employers with fifteen or more employees.
The 5ivil 6ights $ct of /00/ provides for compensatory and punitive damages and
'ury trials in cases involving intentional discrimination: requires employers to
demonstrate that 'ob practices are 'ob)related and consistent with business necessity:
e%tends coverage to +nited ,tates citi=ens working for $merican companies overseas.
+niformed ,ervices Employment and 6eemployment 6ights $ct of /007 protects
the employment rights of individuals who enter the military for short periods of service.
$ bona fide occupational qualification (>#?! permits discrimination where
employer)hiring preferences are a reasonable necessity for the normal operation of the
business. #reedom to e%ercise religious choice is guaranteed under the +.,.
constitution. Title 4II of the 5ivil 6ights $ct also prohibits discrimination based on
religion in employment decisions, though it permits employer e%emptions. The act
defines religion to @include all aspects of religious observance and practice, as well as
belief.A
,e%ual harassment and immigration reform and control are two areas of
particular importance to managers. E%tensive efforts should be made by all
organi=ations to ensure that employees are free from all forms of se%ually harassing
conduct. Illegal immigration has adversely affected welfare services and educational
and ,ocial ,ecurity benefits. In /0<1 5ongress passed the Immigration 6eform and
5ontrol $ct. The act was passed to control unauthori=ed immigration by making it
unlawful for a person or organi=ation to hire, recruit, or refer for a fee, persons not
legally eligible for employment in the +nited ,tates. Employers must comply with the
law by verifying and maintaining records on the legal rights of applicants to work in the
+nited ,tates.
The Uniform Guidelines on Employment Selection Procedures is designed to
assist employers in complying with federal prohibitions against employment
practices that discriminate on the basis of race, color, religion, gender, or national
origin. The Uniform Guidelines provides employers with a framework for making legally
enforceable decisions. Employers must be able to show that selection procedures are
valid in predicting 'ob performance.


2-, Managing Human Re!u"#e
$dverse impact plays an important role in proving employment discrimination.
$dverse impact means that an employerBs employment practices result in the
re'ection of a significantly higher percentage of members of minority and other
protected groups for some employment activity. The four)fifths rule is a guideline to
determine whether employment discrimination might e%ist. (isparate treatment is a
situation in which protected class members receive unequal treatment or are evaluated
by different standards.
The +nited ,tates court system continually interprets employment law, and
managers must formulate organi=ational policy in response to court decisions.
4iolations of the law will invite discrimination charges from protected groups or self)
initiated investigation from government agencies. Griggs v Duke Power, Albermarle
Paper Company v Moody, and ards Cove Packing Co! v Antonio provided added
importance to the Uniform Guidelines. Meritor Savings "ank v #inson$ %arris v &orklift
Systems 'nc!, and (A v %ardison are instructive in the areas of se%ual harassment
and religious preference. Important cases in affirmative action include University of
California v "akke, United Steelworkers of America v eber, and 5ity of )ic*mond v
Croson, and Adarand Constructors v Pena.
To ensure that organi=ations comply with antidiscrimination legislation, the Equal
Employment pportunity 5ommission (EE5! was established to monitor
employersB actions. Employers sub'ect to federal laws must maintain records and
report requested employment statistics where mandated. The Equal Employment
pportunity 5ommission maintains a complaint procedure for individuals who believe
they have been discriminated against.
$ffirmative action goes beyond providing equal employment opportunity to
employees. $ffirmative action requires employers to become more proactive and
correct areas of past discrimination. This is accomplished by employing protected
classes for 'obs where they are underrepresented. The employerBs goal is to have a
balanced internal workforce representative of the employerBs relevant labor market. In
establishing an affirmative action plan, employers must (/! provide an organi=ational
profile that graphically illustrates their workforce demographics, (;! establish goals and
timetables for employment of underutili=ed protected classes, (2! develop actions and
plans to reduce underutili=ation, including initiating proactive recruitment and selection
methods, and (7! monitor progress of the entire affirmative action program.




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REVIE. QUESTIONS
Mu(&i%(e C$!i#e
5hoose the letter of the word or phrase that best completes each statement.
CCCCCCC /. The treatment of individuals in all aspects of employment, hiring,
promotion, training, etc. in a fair and nonbiased manner is
a. equal employment opportunity.
b. se%ual harassment.
c. age discrimination.
d. the four)fifths rule.
CCCCCCC ;. $ central aim of political action has been to establish 'ustice for all
people of the nation through the protection of
a. +nited ,tates 5onstitution.
b. #air Dabor ,tandards.
c. Equal &ay $ct.
d. +niform 5ommercial &artnership $ct.
CCCCCCC 2. Ma'or federal EE laws have attempted to correct social
problems of interest to particular groups of workers called
a. affirmative action.
b. knowledge workers.
c. protected classes.
d. bona fide occupational qualification.
CCCCCCC 7. The act that outlaws discrimination in pay, employee benefits,
and pensions based on the workerBs gender is the
a. Equal Employment pportunity $ct.
b. Equal &ay $ct.
c. $ge (iscrimination in Employment $ct.
d. $mericans with (isabilities $ct.
CCCCCCC E. The 5ivil 6ights $ct of /017 and the 5ivil 6ights $ct of /00/
cover a broad range of organi=ations, E/CEPT 0OR
a. all private employers in interstate commerce who employ
fifteen or more employees.
b. all foreign organi=ations doing business in their domestic
countries.
c. state and local governments.
d. private and public employment agencies, including the +.,.
Employment ,ervice.
2-1 Managing Human Re!u"#e
CCCCCCC 1. +nder Title 4II of the 5ivil 6ights $ct, employers are permitted
limited e%emptions from anti)discrimination employment
preferences based on a
a. commercial code.
b. past practice.
c. common law.
d. bona fide occupational qualification.
CCCCCCC 8. $ practice that is necessary to the safe and efficient operation of
the organi=ation, interpreted by the courts is a defense based on
a. religious preference.
b. self)defense.
c. business necessity.
d. age discrimination.
CCCCCCC <. The &regnancy (iscrimination $ct affects employee benefit
programs in the following ways E/CEPT 0OR
a. hospital and ma'or medical insurance.
b. vacation and holiday pay.
c. temporary disability and salary continuation plans.
d. sick leave policies.
CCCCCCC 0. $n attempt by employees to ad'ust, without undue hardship, the
working conditions or schedules of employees with disabilities or
religious preferences is based on
a. reasonable accommodation.
b. labor contracts.
c. fairness and inequities.
d. 'ob analysis.
CCCCCCC /9. +nwelcomed advances, requests for se%ual favors, and other
verbal or physical conduct of a se%ual nature constitutes
a. fraud.
b. anti)discrimination.
c. se%ual harassment.
d. misrepresentation of fact.
CCCCCCC //. Illegal CCCCCCCCCC has adversely affected welfare services and
educational and ,ocial ,ecurity benefits in the +nited ,tates.
a. protected classes
b. immigration
c. uniform guidelines
d. bona fide occupational qualifications
CCCCCCC /;. $n important procedural document for managers that applies to
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employee selection procedures in the areas of hiring, retention,
promotion, transfer, demotion, dismissal, and referral is
a. affirmative action.
b. employee leasing.
c. +niform -uidelines.
d. se%ual harassment rules.
CCCCCCC /2. Fhen using a test or other selection instrument to choose
individuals for employment, employers must be able to prove
a. affirmative action.
b. adverse impact.
c. disparate treatment.
d. validity.
CCCCCCC /7. #or an applicant or employee to pursue a discrimination case
successfully, the individual must establish that the employer3s
selection procedures resulted in a(n!
a. adverse impact on a protected class.
b. undue process.
c. affirmative action claim.
d. violation of human rights.
CCCCCCC /E. $s a rule of thumb to determine adverse impact in enforcement
proceedings, the Equal Employment pportunity 5ommission has
adopted
a. affirmative action procedures.
b. the four)fifths rule.
c. minimal wage provisions.
d. overtime provisions.
CCCCCCC /1. The act of purposeful discrimination by an employer is called
a. disparate treatment.
b. adverse impact.
c. antidiscrimination.
d. bona fide occupational qualifications.
CCCCCCC /8. The type of analysis that will classify protected)class members by
number and the type of 'ob they hold within the organi=ation is
a. adverse impact.
b. workforce utili=ation.
c. business necessity.
d. adverse treatment.
CCCCCCC /<. $ benchmark case where the ,upreme 5ourt established two
important principles G that discrimination need not be overt or
2-3 Managing Human Re!u"#e
intentional, and employment practices must be 'ob)related ) was
a. *opwood verses ,tate of Te%as.
b. $lbemarle &aper 5ompany verses Moody.
c. Fards 5ove &acking 5ompany verses $ntonio.
d. -riggs verses (uke &ower 5ompany.
CCCCCCC /0. The 5ourt held that a statistical disparity among protected
members of a workforce does not, in itself, show proof of
discrimination was decided in the case of
a. -riggs verses (uke &ower 5ompany.
b. $lbemarle &aper 5ompany verses Moody.
c. Fards 5ove &acking 5ompany verses $ntonio.
d. *opwood verses ,tate of Te%as.
CCCCCCC ;9. The commission that was created from Title 4II of the 5ivil 6ights
law of /017 was the
a. ,ecurity E%change 5ommission.
b. #ederal Trade 5ommission.
c. Equal Employment pportunity 5ommission
d. >usiness Hecessity 5ommission.
CCCCCCC ;/. The filing of a discrimination charge form initiates an
administrative procedure that can be lengthy, time)consuming,
and costly for the
a. employee.
b. supervisor.
c. labor union.
d. employer.
CCCCCCC ;;. The following are reasons why employers establish affirmative
action programs, E/CEPT 0OR
a. provide an organi=ational profile that graphically illustrates
their workforce demographics.
b. establishing goals and timetables for employment of
underutili=ed protected classes.
c. monitor progress of the entire affirmative action program.
d. develop a reactive strategy for recruitment and selection.
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CCCCCCC ;2. The act of giving preference to members of protected classes to
the e%tent that unprotected individuals believe they are suffering
discrimination is
a. reverse discrimination.
b. 'ob analysis.
c. 'ob evaluation.
d. performance appraisal.
CCCCCCC ;7. ne of the most famous reverse discrimination cases is
a. -riggs verses (uke &ower 5ompany.
b. +niversity of 5alifornia 6egents verses >akke
c. Fards 5ove &acking 5ompany verses $ntonio.
d. *opwood verses ,tate of Te%as.
CCCCCCC ;E. Equal employment opportunity legislation requires managers to
provide the same opportunities to
a. customers and suppliers.
b. all 'ob applicants and employees regardless of ethnicity.
c. business agents and labor unions.
d. government agents and officials.
T"ue50a(e
Identify the following statements as True or #alse.
CCCCCCC /. Equal employment opportunity is a legal topic, however, it is not
an emotional issue.
CCCCCCC ;. Equal employment opportunity as a national priority has emerged
slowly in the +nited ,tates.
CCCCCCC 2. The change in government and societal attitudes toward
discrimination was further prompted by decreased public
awareness of the economic imbalance between nonwhites and
whites.
CCCCCCC 7. ,ince as early as the nineteenth century, the public has not been
informed or aware of discriminatory employment practices in the
+nited ,tates.
CCCCCCC E. Daws have been passed barring discrimination pertaining to
recruitment, selection, performance appraisal, promotion, and
2-67 Managing Human Re!u"#e
compensation.
CCCCCCC 1. Employers violate the Equal &ay $ct when differences in wages
paid to men and women for equal work are based on seniority
systems, merit considerations, or incentive pay plans.
CCCCCCC 8. Employers may defend their employment practices by a defense
of bona fide occupational qualifications andIor business
necessity.
CCCCCCC <. Title 4II of the 5ivil 6ights Daw of /00/ requires employers to
grant complete religious freedom in employment situations.
CCCCCCC 0. 6ecent figures from the Equal Employment pportunity
5ommission show that age discrimination complaints comprise
about ;9 percent of all discrimination charges.
CCCCCCC /9. #air employment practices are state and local laws governing
equal employment opportunity that are often less comprehensive
than federal laws.
CCCCCCC //. ?uid pro quo se%ual harassment can occur when unwelcome
se%ual conduct has the purpose or effect of unreasonably
interfering with 'ob performance.
CCCCCCC /;. In a hostile environment, se%ual harassment can occur when
submission to or re'ection of se%ual conduct is used as a basis for
employment decisions.
CCCCCCC /2. Employers are completely certain about the appropriateness of
specific selection procedures, especially those related to testing
and selection.
CCCCCCC /7. +nder the +niform -uidelines, the use of any selection
procedure, which has an adverse impact on the hiring, promotion,
or other employment or membership opportunities of members of
any race, se%, or ethnic group is considered to be discriminatory.
CCCCCCC /E. $dverse impact refers to the re'ection for employment, placement,
or promotion of a significantly lower percentage of a nonprotected
class when compared with a protected class.
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CCCCCCC /1. $n alternative to population comparison rule, and one
increasingly used in discrimination lawsuits, is to apply the <9I;9
analysis to the observed applicant flow data.
CCCCCCC /8. *iring individuals who must meet a minimum height or
appearance standard (at the e%pense of protected class
members! is evidence of a restricted policy by an employer.
CCCCCCC /<. The Uniform Guidelines have been given added importance
through three leading ,upreme 5ourt cases: each case is
noteworthy because it elaborates on the concepts of affirmative
action, 'ob enlargement, and 'ob enrichment.
CCCCCCC /0. Equal Employment pportunity 5ommission guidelines are not
federal mandates by administrative rules and regulations
published in the &ederal )egister!
CCCCCCC ;9. Equal Employment pportunity 5ommission investigations are
conducted by fully trained equal opportunity specialists (E,s!
who have e%tensive e%perience in investigative procedures,
theories of discrimination, and relief and remedy techniques.
CCCCCCC ;/. Managers and supervisors must retaliate against individuals who
invoke their legal rights to file charges or to support other
employees during Equal Employment pportunity 5ommission
proceedings.
CCCCCCC ;;. ,ince managers and supervisors are key to preventing and
correcting discrimination: they, in particular, must be trained to
understand employee rights and managerial obligations.
CCCCCCC ;2. $ffirmative action is achieved by having organi=ations follow
specific guidelines and goals to ensure that they have a balanced
and representative workforce.
CCCCCCC ;7. $ffirmative action as a national priority has been challenged
because it has consistently resulted in the improvement in the
employment status of protected groups.
CCCCCCC ;E. ,ince the beginning of the /009s, federal courts have
decreasingly restricted the use of race and ethnicity in awarding
scholarships, determining college admissions, making layoff
decisions, selecting employees, promoting employees, and
awarding government contracts.
2-62 Managing Human Re!u"#e
Ma&#$ing
Match each term with the proper definition.
Te"m
a. adverse impact i. equal employment opportunity
b. affirmative action '. fair employment practices (#E&s!
c. bona fide occupational qualification k. four)fifths rule
(>#?! l. protected classes
d. business necessity m. reasonable accommodation
e charge form n. reverse discrimination
f. disabled individual o. se%ual harassment
g. disparate treatment p. Uniform Guidelines on Employee
h. EE)/ report Selection Procedures
q. workforce utili=ation analysis
De8ini&i!n
CCCCCCC /. any person who has a physical or mental impairment that substantially
limits such personBs ma'or life activities
CCCCCCC ;. act of giving preference to members of protected classes to the e%tent
that unprotected individuals believe they are suffering discrimination
CCCCCCC 2. the treatment of individuals in all aspects of employment ) hiring,
promotion, training, etc. ) in a fair and nonbiased manner
CCCCCCC 7. individuals of a minority race, women, older persons, and those with
disabilities who are covered by federal laws on equal employment
opportunity
CCCCCCC E. attempt by employers to ad'ust, without undue hardship, the working
conditions or schedules of employees with disabilities or religious
preferences
CCCCCCC 1. state and local laws governing equal employment opportunity that are
often more comprehensive than federal laws
CCCCCCC 8. procedural document published in the #ederal 6egister to assist
employers in complying with federal regulations against discriminatory
actions
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CCCCCCC <. a concept that refers to the re'ection of a significantly higher percentage
of a protected class for employment, placement, or promotion when
compared with the successful, nonprotected class
CCCCCCC 0. rule of thumb followed by the Equal Employment pportunity 5ommission
in determining adverse impact in enforcement proceedings
CCCCCCC/9. process of classifying protected class members by number and by the
type of 'ob they hold within the organi=ation
CCCCCCC//. situation in which protected)class members receive unequal treatment or
are evaluated by different standards
CCCCCCC/;. unwelcome advances, requests for se%ual favors, and other verbal or
physical conduct of a se%ual nature in the working environment
CCCCCCC/2. suitable defense against a discrimination charge only where age, religion,
se%, or national origin is an actual qualification for performing the 'ob
CCCCCCC/7. work)related practice that is necessary to the safe and efficient operation
of an organi=ation
CCCCCCC/E. an employer information report that must be filed annually by employers
of /99 or more employees (e%cept state and local government employers!
and government contractors and subcontractors to determine an
employerBs workforce composition
CCCCCCC/1. discrimination complaint filed with the Equal Employment pportunity
5ommission by employees or 'ob applicants
CCCCCCC/8. policy that goes beyond equal employment opportunity by requiring
organi=ations to comply with the law and to correct past discriminatory
practices by increasing the numbers of minorities and women in specific
positions
2-6, Managing Human Re!u"#e
A%%(i#a&i!n
CCCCCCC /. The case of seven women against $rrowhead >agel 5o. brought
what type of charges against managementJ
a. se%ual harassment and se%ual assault.
b. punishment and discipline.
c. suspension and termination.
d. oral warning and punitive damage.
CCCCCCC ;. In the case of TF$ v *ardison, the ,upreme 5ourt ruled that
employers need only make a reasonable accommodation for a
current employee3s or 'ob applicant3s
a. union affiliation.
b. employment vesting.
c. religious observance.
d. pension rights.
CCCCCCC 2. In a ,upreme 5ourt case, Toyota v Filliams the court ruled that if
physical or mental impairments are correctable then they are not
a
a. competitive reaction.
b. disability.
c. mental impairment.
d. physical disease.
CCCCCCC 7. -riggs v (uke &ower 5o. was concerned with a minority meeting
the qualifications of a position of a coal handler and e%posed
issues of
a. se%ual harassment.
b. employment selection procedures.
c. 'ob burnout.
d. employment fatigue.
CCCCCCC E. Fillie -riggs had applied for the position of coal handler with the
(uke &ower 5ompany. *is request for the position was denied
because he was not a
a. college graduate for the position in question.
b. member of a protected class.
c. business agent representing the local union.
d. high school graduate, a requirement for the position.
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H!9 &! P"!#ee+ 9i&$ a C$a"ge !8 Di#"imina&i!n Again& an Em%(!)e"
$ssume you are a minority student from a protected class. *ow could you charge an
employer with discrimination if you are a candidate and denied employment on a 'ob
that has been advertisedJ
$n individual may take a discrimination charge against an employer to the regional
office of the Equal Employment pportunity 5ommission or take the charge to the ,tate
*uman 6elations 5ommission.
$n individual can bring forth a charge of adverse impact against an employer. This
concept refers to the re'ection of a significantly higher percentage of a protected class
for employment, placement, or promotion when compared with the successful non)
protected class of individuals. $n individual can charge an employer with disparate
treatment, which is a situation in which protected)class members receive unequal
treatment or evaluated by different standards.
Individuals can bring forth a charge of the violation of the four)fifths rule against an
employer, which is a rule of thumb followed by the Equal Employment pportunity
5ommission in determining adverse impact for use in enforcement proceedings.
$ny evidence that an employer has a selection procedure that e%cludes members of a
protected class, whether intentional or not, constitutes adverse impact. *iring
individuals who must meet a minimum height or appearance standard (at the e%pense
of protected class members! is evidence of such a restricted policy.
Individuals who believe they have been un'ustly re'ected for employment may
demonstrate disparate treatment through the Mc(onnell (ouglas test.
2-61 Managing Human Re!u"#e
SOLUTIONS
Mu(&i%(e C$!i#e: T"ue50a(e: Ma&#$ing:
/. a /. #alse /. f
;. a ;. True ;. n
2. c 2. #alse 2. i
7. b 7. #alse 7. l
E. b E. True E. m
1. d 1. #alse 1. '
8. c 8. True 8. p
<. b <. #alse <. a
0. a 0. True 0. k
/9. c /9. #alse /9. q
//. b //. #alse //. g
/;. c /;. #alse /;. o
/2. d /2. #alse /2. c
/7. a /7. True /7. d
/E. b /E. #alse /E. h
/1. a /1. #alse /1. e
/8. b /8. True /8. b
/<. d /<. #alse
/0. c /0. True
;9. c ;9. True
;/. d ;/. #alse
;;. d ;;. True
;2. a ;2. True
;7. b ;7. #alse
;E. b ;E. #alse
0a(e S&a&emen& 8"!m T"ue50a(e
/. Equal employment opportunity is n!& !n() a legal topic, i& i a(! an emotional
issue.
2. The change in government and societal attitudes toward discrimination was further
prompted by in#"eaing public awareness of the economic imbalance between
nonwhites and whites.
7. ,ince as early as the nineteenth century, the public $a ;een aware of the
discriminatory employment practices in the +nited ,tates.
1. Employers +! n!& violate the Equal &ay $ct when differences in wages paid to
men and women for equal work are based on seniority systems, merit
considerations, or incentive pay plans.
<. Title 4II of the 5ivil 6ights Daw of /017 does n!& require employers to grant
complete religious freedom in employment situations.
/9. #air employment practices are state and local laws governing equal employment
opportunity that are often m!"e comprehensive than federal laws.
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//. In a $!&i(e en<i"!nmen&= e>ua( $a"amen& can occur when unwelcome
se%ual conduct has the purpose or effect of unreasonably interfering with 'ob
performance.
/;. Qui+ %"! 'u! e>ua( $a"amen& can occur when submission to or re'ection of
se%ual conduct is used as a basis for employment decisions.
/2. Employers are !8&en un#e"&ain about the appropriateness of specific selection
procedures, especially those related to testing and selection.
/E. $dverse impact refers to the re'ection for employment, placement, or promotion of
a significantly $ig$e" percentage of a %"!&e#&e+ #(a when compared with a
n!n%"!&e#&e+ #(a.
/1. $n alternative to 8!u"-8i8&$ "u(e, and one increasingly used in discrimination
lawsuits, is to apply the &an+a"+ +e<ia&i!n analysis to the observed applicant
flow data.
/<. The Uniform Guidelines $a<e ;een given added importance through three leading
,upreme 5ourt cases, each case is noteworthy because it elaborates on the
concepts of a+<e"e im%a#&= <a(i+i&) &e&ing= an+ ?!; "e(a&e+ne.
;/. Managers and supervisors must n!& retaliate against individuals who invoke their
legal rights to file charges or to support other employees during Equal
Employment pportunity 5ommission proceedings.
;7. $ffirmative action as a national priority has been challenged because it $a n!&
consistently resulted in the improvement in the employment status of protected
groups.
;E. ,ince the beginning of the /009s, federal courts have in#"eaing() restricted the
use of race and ethnicity in awarding scholarships, determining college
admissions, making layoff decisions, selecting employees, promoting employees,
and awarding government contracts.
A%%(i#a&i!n
/. a
;. c
2. b
7. b
E. d