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Fundamentals of HR Management, 8e (Noe)
Chapter 3 Providing Equal Employment Opportunity and a Safe Workplace
1) The legislative branch of the U.S. government is responsible for enforcing the laws passed by
Congress.
2) The Civil Rights Act of 1991 was partly designed to overturn Supreme Court decisions.
3) A person can file a claim under the Fourteenth Amendment on charges of racial
discrimination if he or she is fired by a private employer.
4) Under the Equal Pay Act of 1963, pay differences are permitted between men and women
performing the same job if the difference arises from any factor other than sex.
5) Title VII of the Civil Rights Act of 1964 states that employers may retaliate against employees
for opposing a perceived illegal employment practice.
6) An employer's refusal to hire a pregnant woman is acceptable by law.
7) If an attempt at a settlement fails, the Equal Employment Opportunity Commission (EEOC)
may issue a "right to sue" letter to the alleged victim.
8) Organizations that are government contractors or subcontractors must file an Employer
Information Report (EEO-1) with the Equal Employment Opportunity Commission (EEOC)
every year.
9) The Office of Federal Contract Compliance Programs audits government contractors to ensure
they are actively pursuing the goals in their plans.
10) Disparate treatment on the basis of sex is illegal even if it is a bona fide occupational
qualification.
11) To prove disparate impact in court, a plaintiff in a discrimination lawsuit must show an
employer's intent.
12) In employment law, reasonable accommodation refers to an employee's obligation to adjust
and make compromises on their personal beliefs and practices, including completely
disregarding them, if they conflict with an organization's policies.
13) A manager who promises a raise to an employee only if they participate in sexual activities is
said to be engaging in quid pro quo harassment.
14) If an individual's behavior in the workplace creates an environment in which it is difficult for
someone of a particular sex to work, it cannot be regarded as sexual harassment.
15) The general-duty clause of the Occupational Safety and Health Act states that it is each
employer's duty to furnish a place of employment free from recognized hazards.
16) According to the Occupational Safety and Health Act (OSH Act), employers have the right
to withhold an employee's access to records regarding exposure to hazards.
17) If an Occupational Safety and Health Act violation results in citations, an employer must
post each citation in a prominent place near the location of the violation.
18) Office workers who encounter a chemical infrequently are covered by the requirements of
the Occupational Safety and Health Act's Hazard Communication Standard.
19) The Occupational Safety and Health Act directly regulates employee behavior in workplaces
to ensure safety.
20) Under the job hazard analysis technique, if a single job element has a high hazard potential,
the entire job is not completed.
21) Suppose you are a human resource executive, supporting strategy. Executives in your
industry are concluding that a certain HR-related law no longer seems relevant in the Internet
age. To which government branch would it be most effective to turn for addressing the need for a
change in the legal environment?
A) the executive branch, requesting it not enforce the existing law
B) the executive branch, requesting a new law in this area
C) the judicial branch, requesting a new law in this area
D) the legislative branch, requesting a new law in this area
E) the legislative branch, requesting it not enforce the existing law
22) Which agency is primarily responsible for enforcing the laws passed by Congress?
A) the U.S. House of Representatives
B) the U.S. Senate
C) the executive branch of the government
D) the legislative branch of the government
E) the U.S. Cabinet
23) Which action is one of the ways in which the executive branch helps create the legal
environment for human resource management?
A) filing suit against violators of equal opportunity laws
B) enacting laws governing worker safety and health
C) interpreting federal laws
D) overturning Supreme Court decisions
E) holding trials concerning violations of equal opportunity laws
24) Which action could be an example of how the Occupational Safety and Health
Administration plays a role in the legal environment for human resource management?
A) passing laws to protect workers' safety and health
B) holding trials concerning alleged violations of its regulations
C) holding trials concerning alleged violations of the Occupational Safety and Health Act
D) filing lawsuits against alleged violators of the Occupational Safety and Health Act
E) issuing executive orders related to worker safety and health
25) Karen is a human resource specialist. To gain competency in her field, she keeps up with
business news related to human resource management. One area of the news she pays attention
to is coverage of the cases the Supreme Court hears each year. Why would stories about the
Supreme Court be relevant for Karen's career?
A) The Supreme Court may issue rulings that interpret employment law.
B) The Supreme Court may pass laws regulating employment practices.
C) The Supreme Court may issue executive orders related to employee safety.
D) The Supreme Court may require federal contractors to engage in affirmative action.
E) Decisions made by the Supreme Court cannot be overturned by the federal government.
26) Maria, a 24-year-old Hispanic woman, pressed charges of sexual harassment against
Andrew, a politician. The case became sensational because the accused was one of the strongest
candidates in the upcoming elections. In the case's final stage, the United States Supreme Court
issued a verdict that cleared Andrew of all charges on the grounds of lack of evidence. The ruling
spurred angry protests from many interest groups, especially Hispanic women, and they wanted
the verdict reversed. According to the prevalent system, which among the following would
overturn the verdict in this case?
A) a mass petition from the public
B) an appeal from the minority population
C) a law passed by Congress
D) a ruling by the Equal Employment Opportunity Commission
E) a petition from the United States Women Rights Council
27) Fiona, a white female applicant, is refused a job at a local college in favor of a less qualified
minority applicant. She could consider suing the college on charges of reverse discrimination
under the
A) Thirteenth Amendment.
B) Fourteenth Amendment.
C) Twenty-Second Amendment.
D) Civil Rights Act of 1866.
E) Occupational Safety and Health Act.
28) Which of the following is enforced by the Equal Employment Opportunity Commission?
A) Thirteenth Amendment
B) Rehabilitation Act of 1973
C) Fourteenth Amendment
D) Executive Order 11246
E) Americans with Disabilities Act of 1990
29) Which statement is true about the Civil Rights Acts of 1866 and 1871?
A) They denied plaintiffs any form of compensatory and punitive damages.
B) They restricted the rights of entering into and enforcing contracts to white citizens only.
C) They denied individuals the right to sue in federal court.
D) They excluded other individuals from having the same property rights as white citizens.
E) They were passed to further the Thirteenth Amendment's goal of abolishing slavery.
30) ________ granted all persons the same property rights as white citizens, as well as the right
to enter into and enforce contracts.
A) The Thirteenth Amendment
B) The Fourteenth Amendment
C) The Civil Rights Act of 1866
D) Title VII of the Civil Rights Act
E) Executive Order 11246
31) According to the Equal Pay Act of 1963, men and women performing the same job cannot
have differences in pay on the basis of
A) merit.
B) seniority.
C) education.
D) quality of production.
E) sex.
32) Mark and Amy hold the same position at an organization. However, Mark is paid more than
Amy. According to the Equal Pay Act of 1963, what will strengthen the fact that the pay
difference is a legal one?
A) Mark is more skilled than Amy because he is a male.
B) Amy is not an American citizen.
C) Mark is younger than Amy.
D) Amy is pregnant.
E) Mark works the night shift.
33) What is true about Title VII of the Civil Rights Act of 1964?
A) The act permits employers to hire job applicants belonging exclusively to a particular
nationality.
B) The act applies to organizations with 15 or more employees.
C) The act permits employers to retaliate against employees participating in a proceeding against
an employer.
D) The act protects employers from an employee's opposition to an alleged illegal employment
practice.
E) The act permits employers to hire an individual based on his or her gender and race in the
absence of a bona fide occupational qualification (BFOQ).
34) Ashley thinks that her company is discriminating against a particular group of employees by
denying them seniority or promotions. She expresses her concern to a senior human resources
manager. This method of expressing concern about an instance of illegal employment through
proper channels is known as
A) opposition.
B) retaliation.
C) participation in a proceeding.
D) discrimination.
E) affirmative action.
35) Which of the following represents an act of participation in a proceeding?
A) removing a whistleblower from employment
B) implementing affirmative action measures
C) expressing dissatisfaction over employment casually
D) retaliating against a whistleblower
E) testifying in an investigation
36) Identify the statement that characterizes the Age Discrimination in Employment Act.
A) It favors the idea of coercing employees to accept early retirement incentives.
B) It permits an employer to reduce the fringe benefits to all employees over 40.
C) It permits companies to lay off older workers when the economy is slow.
D) It outlaws making employment decisions based on a person's age being over 40.
E) It recommends early retirement incentive programs wherein employees agree not to sue the
company for ageism.
37) The Age Discrimination in Employment Act protects only those workers who are over the
age of
A) 30.
B) 25.
C) 20.
D) 40.
E) 35.
38) Which statement reflects a violation of the Age Discrimination in Employment Act?
A) Older employees are permitted to work even after attaining the retirement age.
B) Employees over the age of 40 are forced to retire as part of a company's downsizing program.
C) A person is denied employment because of the fact that he is a minor.
D) Older workers in an organization are better compensated than the younger workers.
E) An employee chooses voluntary retirement before attaining the retirement age.
39) The Vocational Rehabilitation Act of 1973 was introduced to enhance employment
opportunity for
A) women.
B) minors.
C) older employees.
D) individuals with disabilities.
E) minorities.
40) Which term refers to an organization's active effort to find opportunities to hire or promote
people in a particular group?
A) affirmative action
B) disparate impact
C) reasonable accommodation
D) reverse discrimination
E) adverse impact
41) Justine, a marketing executive in her late thirties, had worked at a reputable marketing firm
for the last three years. However, she was fired from the company without any prior notice when
she collapsed at work after experiencing an epileptic seizure. Following this, Justine sued the
company under
A) Executive Order 11246.
B) Rehabilitation Act of 1973.
C) Americans with Disabilities Act.
D) Occupational Safety and Health Act.
E) Executive Order 11478.
42) The Americans with Disabilities Act protects individuals who
A) are obese.
B) are severely disfigured.
C) engage in substance abuse.
D) are left-handed.
E) are nearsighted.
43) Mia's use of illegal drugs limits her ability to walk properly. The elevator at her office was
not working for many months, so Mia needed to climb two flights of stairs and had difficulty
getting to her desk. She tried suing her company under the Americans with Disabilities Act,
arguing that her company discriminates against individuals who cannot perform major life
activities. Which statement would weaken Mia's argument?
A) Mia is not a senior employee.
B) The ADA prohibits discrimination only against workers who are over the age of 40.
C) The ADA does not cover conditions of substance abuse.
D) Mia is not pregnant.
E) The ADA applies only to the decisions or actions of the government.
44) Identify the statement that accurately represents the Americans with Disabilities Act.
A) It permits an employer to cut down on fringe benefits of individuals with disabilities.
B) It permits discrimination in areas such as layoffs and leaves.
C) It goes beyond prohibiting discrimination to require that employers take steps to
accommodate individuals covered under the legislation.
D) It classifies a person who needs ordinary eyeglasses or contact lenses to perform each major
life activity with little or no difficulty as disabled.
E) It is used to protect individuals with conditions such as obesity and substance abuse.
45) Sun Unlimited Energy is a company that produces solar panels for domestic use. It has 800
permanent employees working in different departments. Suppose the company gets involved in a
case of intentional employee discrimination. What is the maximum amount of punitive damages
it would have to pay under the Civil Rights Act of 1991?
A) $50,000
B) $100,000
C) $200,000
D) $250,000
E) $300,000
