978-0078029165 Test Bank Chapter 3 Part 1

Unlock access to all the studying documents.

View Full Document

Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity

Chapter 3 The Legal Environment of HRM: Equal Employment

Opportunity

True/False Questions

[QUESTION]

1. The four-fifths rule indicates that a selection rate (number selected/number considered) for

a protected group cannot be greater than four-fifths or 80 percent of the selection rate for the

group with the highest selection rate.

2. Job-relatedness requires the employer to use a careful job analysis to identify the specific

knowledge, skills, and abilities necessary to perform the job.

3. Retaliation is a special form of disparate impact.

4. EEO legislation is meant to ensure that personnel selection decision are non-discriminatory,

however, the law is silent on issues related to training, compensation and employee discipline.

5. All claims of discrimination under CRA, ADEA, and ADA need be filed with the EEOC

either directly or through dual filing with a state agency.

6. The Equal Pay Act (EPA) prohibits indiscrimination on the basis of age by apprenticeship

programs, including joint labor-management apprenticeship programs.

any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

3-2

7. The EEOC’s definition of an applicant is not relevant to cases of adverse treatment.

8. Employer sanctions resulting from a case of disparate impact can affect areas of the

business beyond HR, for example changes to advertising strategies and catalog content.

9. Title VII prohibits all bona fide occupational qualifications (BFOQs) or discriminatory

practices.

10. The 180-day deadline for filing a charge of discrimination can never be extended.

11. The time limits for filing a charge of discrimination have been modified under the Equal

Pay Act.

12. Employers can fire or reassign an employee who files EEO charges or parties who testify

on behalf of plaintiffs in cases of disparate treatment with no need to consider the legal

implications of those actions.

Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity

[QUESTION]

13. The 80 percent or four–fifths rule derives from the EEOC’s Uniform Guidelines on

Employee Selection Procedures.

14. The Fisher test can be used to ascertain the relationship between two categorical variables

and two levels.

15. Harassment is not a form of employment discrimination.

16. If the employee does not suffer economic injury, or discharge there can be no charge of

discrimination.

17. White men are not legally able to file suit under Title VII of the CRA.

18. One of the “affirmative defense” strategies recommended for organizations is to detail the

sanctions for violators and protection for those who make any charges.

Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity

[QUESTION]

19. An affirmative action plan developed by contractors and subcontractors to ensure equal

employment opportunity is monitored by the Office of Contract Compliance Programs

(OFCCP) in the U.S. Department of Labor.

20. An applicant who is drug addict, currently engaged in illegal use of drugs, has rights to

employment that are outlined in the Americans with Disabilities Act.

21. A company can establish a BFOQ for a position and legally defend that job qualification

by presenting evidence of customer preference for that quality in an employee.

22. In Sexual Harassment cases, a company needs to ensure that they are protecting the rights

of the accused in addition to those of the victim.

23. A company can establish a voluntary affirmative action program to hire and promote

qualified minorities even if there is no history within the company of past discrimination.

24. According to the decision in Ricci v. DeStefano, if an organization decides to not use the

results of a selection test because of concerns there may be disparate impact against a

protected class, then there cannot be a disparate impact case filed by another protected class.

Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity

[QUESTION]

25. Concern there may be a lawsuit filed is reason enough to use race or gender as a

determinant of hiring, even if there is a detrimental impact on another group.

Multiple Choice Questions

[QUESTION]

26. __________ is defined as employment decision making or working conditions that are

advantageous (or disadvantageous) to members of one group compared to members of

another group.

A) Civil rights

B) Implied contract

C) Discrimination

D) Employment at will

E) Employment rights

27. In the Goebel et al v. Frank Clothiers exercise, the company could have avoided adverse

impact by interpreting the test scores according to ethnic classification of the test taker.

Which of the following is correct regarding this approach?

A) Although this would involve reverse discrimination, this is legally feasible

B) This is known as “race norming” and is illegal under the CRA post 1991

C) This approach is consistent with sound HRM and High Performance Work Practices

D) This method is recommended by the courts and supported by meta-analysis data

E) This is “race norming” and is illegal under the CRA of 1991

28. Which the following constitutes a probable case of disparate impact?

A) An organization hires 25 whites and no African-Americans from a pool of 50 white and 50

African-American applicants

B) Female applicants of childbearing age are not hired for jobs requiring the use of chemicals.

C) An organization hires 30 whites and 15 African Americans from a pool of 90 white and 20

African-American applicants.

D) There are different criteria for promotion depending on a candidate’s religion.

E) An organization intentionally does not promote employees who are more than 50 years old.

any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

3-6

29. What does the term “prima facie” mean?

A) A body of facts presumed to be true until proven otherwise

B) An unintentional case of unfair discrimination

C) The court’s final ruling

D) Past case law

E) Past legislation

30. To demonstrate that a prima facie case of employment discrimination exists, the plaintiff

must:

A) Show that there is high likelihood that a violation of EEO law has occurred.

B) Demonstrate that the selection rate for a protected group is less than four-fifths (80%) of

the rate for the group with the highest selection rate.

C) Provide some proof of a legitimate, nondiscriminatory reason for the employment

decision.

D) Demonstrate that the alleged discrimination was intentional.

E) Demonstrate that the “test” being used for selection is job related and there is no

alternative method.

31. Who carries the initial burden of proof when demonstrating that a prima facie case of

discrimination exists?

A) The court

B) The defendant

C) The district attorney

D) The Equal Employment Opportunity Commission (EEOC)

E) The plaintiff

any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

3-7

32. Which of the following cases dealt with the issue of sexual harassment?

A) McDonnell Douglas v. Green

B) Watson v. Fort Worth Bank & Trust

C) Diaz vs. Pan American World Airways

D) Harris v. Forklift

E) United Steelworkers vs. Weber

33. Which of the following statements is true regarding “job–relatedness”?

A) Employers have won the majority of cases dealing specifically with job relatedness after

the prima facie case has been established

B) In Connecticut v. Teal, the Supreme Court declared that the “job relatedness” argument

does not have to be applied to all steps of a multiple-hurdle selection process.

C) Employers are not required to use specific criteria to compare selection to actual job

performance in order to measure job relatedness

D) Employers need to establish the reliability of criteria required for a job; they do not need to

meet the higher standard of validity in establishing job relatedness

E) Employers can support job relatedness through the use of job analysis to identify specific

knowledge, skills and abilities.

34. The concept that both employees and employers can terminate an employment

relationship at any time, for any reason other than those covered by law, is known as:

A) employment rights.

B) employer rights.

C) contract at will.

D) contract law.

E) employment at will.

any manner. This document may not be copied, scanned, duplicated, forwarded, distributed, or posted on a website, in whole or part.

3-8

35. The 1988 Supreme Court case of Watson v. Fort Worth Bank & Trust established that:

A) employment testing must be job related.

B) a “hostile environment” is necessary for sexual harassment to have occurred.

C) psychological harm is necessary for sexual harassment to have occurred

D) the “disparate impact” theory may be applied to subjective employment practices.

E) bone fide occupational qualifications (BFOQs) are not a legal argument for discrimination.

36. In 2004, the Supreme Court ruled that race could be a factor in university admissions, but

cannot be an overriding factor in admission decisions. The two cases from which the court

drew these conclusions were:

A) Smith v. Jackson and Watson v. Fort Worth Bank & Trust.

B) Vinson v. Meritor and Harris v. Forklift.

C) Harris v. Forklift and Gratz v. Bollinger.

D) Gratz v. Bollinger and Grutter v. Bollinger.

E) Grutter v. Bollinger and Vinson v. Meritor.

37. Which of the following conditions help an employer limit liability for sexual harassment?

A) There was documented physical contact between the victim and the accused

B) The grievance policy allows the victim to bring their complaint to someone other than their

immediate supervisor

C) At the time of the harassment there was no formal policy outlining the detailing the right to

an environment free from harassment

D) The employer took time between the filing of the complaint and the investigation in order

to ensure that the victim was calm through the process

E) The victim and the accused are of the same gender and did not work at the same location

Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity

[QUESTION]

38. An organization has two final candidates for a new position. One is a 35-year-old female

and the other is a 51-year-old male. The company makes a decision to hire the older

candidate. Both candidates have very similar qualifications. Which of the following is true?

A) The hiring manager should ensure that both candidates were presented with the same

selection “tests”, and that scoring was done in a consistent manner

B) The company may have been at risk, however, only impact theory is recognized, disparate

treatment claims are not allowed under ADEA.

C) The 51-year old candidate demonstrated that they have a disability and that is the reason

for the preferential treatment under ADEA

D) The company will have to show that the female candidate requested a higher level of

compensation than the older candidate

E) The 35-year-old female candidate may have a case of reverse discrimination and can file

suit under the ADEA

39. Which of the following is not a provision of the ADA?

A) Buildings financed with public funds need to be accessible to the disabled

B) With accommodation, employees must be able to perform the essential functions of the job

C) Employers are required to accommodate disabilities that do not cause undue hardship

D) Disabled candidates need to provide written documentation of their disability

E) Pre-employment medical examinations may be required before a job offer is made

40. If an action requires significant difficulty or expense when considered in relation to

factors such as a business’s size, financial resources, and the nature and structure of its

operation this could be considered to be a/an _________.

A) Reasonable accommodation

B) Prohibited inquiry

C) Undue hardship

D) Denial of benefits

E) Reduced benefits