Response to the following multiple choice questions:
1. Borderline Cafeterias has discovered that most of its wait staff is white, while most of its kitchen staff is minority. When interviewed by the local news anchor, the CEO of Borderline Cafeterias says, "There has been no conscious or deliberate practice to staff the cafeterias in a discriminatory manner, it just happened to turn out this way." The CEO's argument is and example of:?
Disparate treatment
Blind discrimination
Disparate impact
Discriminatory intent
2. When does the burden of proof fall on the employer?
When there is Affirmative Action Plan in place
When it is a class action suit
The burden of proof remains on the plaintiff until the case goes to court before jury
When the court rules that a prima facie case has been made
3. Which of the following would be defined as retaliation under EEO laws?
A hospital demotes a radiology technician who has complained about ethnic discrimination.
An Employer fires a supervisor who discriminates against a protective-class member.
A dismissed employee files a false complaint of discrimination with the EEOC.
The EEOC targets an employer with a history of unlawful discrimination.
4. The 1991 Civil Rights Act requires that plaintiffs bringing discrimination charges must ?
Show a pattern of discrimination against a particular protected class.
Identify the particular employer practices being challenged and that protected class status played some factor.
Identify majority-group members who benefited from the illegal actions.
Provided evidence of financial harm caused by the employer's actions.
5. Under the 1991 Civil Rights Act, employers must show that an individual's race, color, religion, sex or national origin?
Was not the deciding factor in the employment decision.
Did not limit that individual's employment options.
Caused no financial hardship to the individual.
Played no factor in their employment practices.
6. The ________________ allows victims of discrimination on the basis of sex, religion, or disability to receive both compensatory and punitive damages in cases of intentional discrimination.
Civil Rights Act of 1991
Americans with Disabilities Act
Title VII, Civil Rights Act of 1964
Executive Order 11246
7. Which agency is responsible for enforcing nondiscrimination in government contracts?
The Office of Federal Contract Compliance Programs
The U.S. Contracts and Agreements Agency
The Equal Employment Opportunity Commission
The National Labor Relations Board
8. The major provision of the Pregnancy Discrimination Act of 1978 is that?
Pregnant employees are to be given 12 weeks family leave without pay.
Pregnant employees are entitled to 12 weeks paid maternity leave.
Maternity leave is to be treated the same as other personal or medical leaves.
Employers cannot discriminate against employees based on material status.
9. For the purpose of job similarity under the Equal Pay Act, jobs must have?
Identical job titles.
Comparable requirements of KSA's.
A common core of tasks.
Similar value of contributions to the organization.
10. The fundamental job duties of the employment position that an individual with a disability holds or desires are called:?
Job specifications.
Essential job functions.
Reasonable accommodations.
Minimum job requirements.
11. _______ is the medication or adjustment to a job or work environment that enables a qualified individual with a disability to enjoy equal employment opportunity.
Access improvement
Workplace restructuring
Job modification
Reasonable accommodation
12. The CEO of Ponchatoula Manufacturing is conferring with the vice-president of HR about inevitable layoffs that are due to long-term declines in orders. The CEO wants to lay off poor performing employees first. Looking at the list of employees and their performance rankings, the CEO sees Carl's name. Carl has had consistently below average performance appraisals for the last 5 years. Carl is 72 and has been with the firm 41 years. The vice-president of HR advises the CEO:?
"Don't touch Carl; he is protected by the ADEA because he's over 70."
"You can consider Carol for layoff because of his long-term poor performance."
"The ADEA protects employees who have over 40 year's seniority with the firm. We can't lay Carl off."
The ADEA requires employers to lay off employees in order of reverse seniority, so Carl must be retained and more junior employees are to be laid off.
13. The Immigration Reform and Control Act
Permits employers to hire only U.S. Citizens.
Permits employers to require more documentation from some prospective employees than from others to ensure that illegal aliens are not hired.
Prevents employers from discriminating against undocumented aliens.
Makes it illegal for an employer to discriminate based on national origin.
14. Which of the following statements is TRUE with regard to sexual orientation and gay rights?
The Supreme Court had not decided whether gay men and lesbians have rights under the equal protection amendment to the U.S. Constitution.
Transvestites are considered disabled under the ADA.
Federal law prohibits discrimination based on sexual orientation.
State and city laws banning discrimination based on sexual orientation have typically been held invalid by the individual state supreme courts.
15. Susan, the school principal, is interviewing applicants for a position as an elementary school teacher in an isolated rural community in North Dakota. Which of the following questions is LEGAL?
Are you married? It is really hard to meet single people out here, and we have had a lot of single teachers quit.
Most people here are church-goers. We find that our teachers fit better into the community if they have the same values. Would you be active in any of the churches here?
All of our students are native-English speakers. What languages do you speak and write fluently?
Have you ever been arrested for child abuse, child pornography, or any other offense?