Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity
[QUESTION]
41. EEOC stands for __________.
A) Equal Employment Opportunity Commission
B) Equal Employment Opportunity Community
C) Equal Employment Opportunity Channel
D) Equal Employment Opportunity Committee
E) Equal Employment Opportunity Contract
42. __________ 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.
A) Retaliation
B) Discrimination
C) Arbitration
D) Validation
E) Mediation
43. If an individual believes that they have been a victim of illegal discrimination and wishes
to pursue a claim through the legal system, the complaint must first be filed with the
__________.
A) EEOC
B) ADA
C) ADEA
D) Civil Rights Act
E) OFCCP
44. A charge of discrimination must be filed within __________ days from the date of the
alleged violation, in order to protect the charging party’s rights.
A) 90
B) 45
C) 300
D) 180
E) 150
Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity
Level: Easy
[QUESTION]
Use the following to answer questions 45 and 46.
During an exit interview, a manager discovers that the reason an employee is resigning is
because of unlawful harassment from a co-worker. This is the first time the issue has been
discussed; the employee did not file a complaint per the company policy before their
resignation. The employee provides details of the harassment, including the names of
witnesses, but requests that no action be taken. The employee just wants to move on and
leave the entire situation behind.
45. Now that you are aware of the alleged harassment, what should the manager do on behalf
of the organization?
A) Immediately terminate the employee identified as the harasser
B) Respect the employee’s request and do nothing further
C) Ignore the matter because the employee waited until it was too late to bring it up
D) Treat the matter seriously and conduct an investigation, including interviewing witnesses
E) Ignore the matter because the company policy clearly states that the victim must first
confront the harasser before making a complaint to management
46. If the employee departs the organization without following the organization’s harassment
prevention procedures, can the employee file a complaint with the EEOC?
A) No, the employee must immediately follow the organization’s harassment prevention
procedures in order to qualify to file with the EEOC
B) Yes, as long as the complaint is filed in and EEOC office within 180 days of when the
harassment occurred.
C) No, since the employee plans to voluntarily terminate the employment relationship, it is
too late to file with the EEOC
D) Yes, as long as the complaint is filed in an EEOC office within 180 days of the date
employment was terminated.
E. No, however the employee may decide to file with the state agency responsible for charges
of discrimination, because they do no have a time constraint on harassment related charges.
Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity
[QUESTION]
47. A manager is suggesting that the company use the results of genetic testing as criteria for
promotion to senior technical positions. The company will pay for the testing. Employees
who do not agree to the testing will not be offered promotional opportunities. Which of the
following is correct?
A) This is legal because the company is paying for the costs associated with the testing, and
they will apply the criteria consistently across all employees being considered
B) It cannot be determined if this is legal or illegal because we do not have information that
tell us if the criteria is job related or not.
C) This is illegal under ADA because the testing is being imposed on current employees. If it
were for outside applicants, it would be illegal
D) This is legal under GINA, because employers are allowed to test current employees,
however results of genetic testing cannot be used in decisions regarding applicants.
E) This is illegal under GINA, which prohibits the use of genetic test results being used for
firing, or promotional decisions.
48. You are a manager with a U.S. company working in a division of the company that is
located in Germany. You report to a Director, who is from Germany. You are due for a raise;
however, your manager has indicated that you will only receive the increase in salary if you
agree to start dating. Whish of the following is correct.
A) As a U.S. citizen working outside the United States, you are only covered by local law,
and if there is no local law, you will need to decide if you really want the raise.
B) U.S. citizens working outside the United States are subject to Title VII and therefore you
would be legally protected from the harassment
C) With the exception of the Americans with Disabilities Act, the employees of a U.S.
company working outside of the borders of the United States are subject to local law.
D) You have a potential case of sexual harassment, and you will need to return to the United
States to file the claim and pursue legal action.
E) Multinational employers are required to engage in mediation to resolve all issues of
employment discrimination.
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3-13
49. As a manager gathering information necessary to determine the validity of a claim of
disparate treatment alleged by a current employee, it would be important to consider:
A) The plaintiff’s race, gender, national origin, color and religion
B) Is there evidence of intent?
C) Consistency in decision making criteria, such as scores on an exam, by the company
D) All of the above
E) A and C only
50. What did the Supreme Court say about the use of tests in Griggs v. Duke Power?
A) Tests are legal for selection if used for only entry-level jobs; they are not valid for internal
candidates
B) Tests are always illegal if they result in adverse impact, regardless of how performance is
related to test results
C) Personality tests cannot be used for selection if they are administered pre-offer
D) Job –relatedness can be an affirmative defense if the test is valid, regardless of adverse
impact
51. Disparate treatment occurs when:
A) When employment procedures have a disproportionately negative effect on members of a
protected group.
B) 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) An employer intentionally discriminates against one or more members of a protected
group.
D) An employer is able to demonstrate job relatedness for an employment practice.
E) When an employer claims undue hardship when considering the reasonableness of an
accommodation under ADA
Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity
[QUESTION]
52. In the Zimpfer exercise, an ADEA case, the county, for its defense, would need to present
A) The prima facie case.
B) A reasonable factor other than age that was the basis of the decision.
C) Proof that younger employees are preferred by customers.
D Evidence that they never hire older employees because it is inconvenient
E) Evidence of race norming that is supportive of the hiring decision
Essay Questions
[QUESTION]
53. An individual believes that he or she has been a victim of illegal discrimination and
wishes to pursue a claim through the legal system. Describe the process that he/she may go
through.
Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity
[QUESTION]
54. The organization that you work for has recently had sexual harassment litigation brought
against it. In response, the CEO has asked you to develop a management strategy against
sexual harassment. Discuss how you would develop such a plan.
55. Define disparate treatment and disparate (adverse) impact. How are they different? Give
an example of each.
Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity
[QUESTION]
56. A competitor of yours just lost a lawsuit involving disparate treatment in their selection
practices of women, and will have to comply with a court-ordered affirmative action program.
This has prompted you to review your practices, which revealed disparate impact in your
hiring of women, as well as certain minorities. To avoid a lawsuit, you decide to implement a
voluntary affirmative action program. Describe what constitutes a legal voluntary affirmative
action program. What makes an involuntary affirmative action program legal?
57. What is the purpose of the Equal Pay Act of 1963?
58. List the rules provided by the EEOC for the imposition of BFOQs.
Chapter 03 – The Legal Environment of HRM: Equal Employment Opportunity
[QUESTION]
59. Define qualified individual with a disability.
[QUESTION]
60. List any three regulatory interpretations issued by the EEOC.
[QUESTION]
61. Define the four-fifths rule.
62. When does harassment become unlawful?