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46) Select the statement that characterizes the Civil Rights Act of 1991.
A) It limits damage claims to attorney's fees and costs.
B) It requires violators to pay punitive damages that specifically cover emotional pain and
suffering.
C) It prohibits violators from paying compensatory damages.
D) It limits the maximum punitive damages allowed depending on the size of an organization.
E) It limits the maximum punitive damages to $50,000 for all organizations even if the
discrimination was intentional.
47) Bill, an employee with the U.S. Postal Service, was deployed to Iraq to serve in the U.S.
Army for two years. After the completion of his military duties, he resumed work at the post
office. He was reemployed with an increase in pay. Which law protected Bill by requiring that
his employer reemploy him with the seniority, status, and pay rate he would have earned if he
had stayed on the job during the time of his deployment?
A) Vocational Rehabilitation Act
B) Uniformed Services Employment and Reemployment Rights Act (USERRA)
C) Americans with Disabilities Act (ADA)
D) Age Discrimination in Employment Act (ADEA)
E) Occupational Safety and Health Act
48) Under the Uniformed Services Employment and Reemployment Rights Act of 1994,
employers must reemploy workers who left jobs to fulfill military duties for up to ________
years.
A) five
B) eight
C) six
D) seven
E) nine
49) Edward leaves an organization for three years to fulfill military duties. Which observation is
true of his employer's obligation to reemploy Edward under the Uniformed Services
Employment and Reemployment Rights Act?
A) The employer is not obligated to reemploy Edward.
B) The employer must reemploy Edward with the same seniority and status he would have
earned if his employment had not been interrupted.
C) The employer must reemploy Edward but is exempted from providing him any fringe benefits
or retirement benefits.
D) The employer must implement an early retirement incentive program for Edward.
E) The employer must reemploy Edward with a lower pay scale to compensate for his absence.
50) Which of the following requires the federal government to base all its employment policies
on merit and fitness?
A) Executive Order 11246
B) Executive Order 11478
C) The Civil Rights Act of 1866
D) The Civil Rights Act of 1871
E) The Rehabilitation Act of 1973
51) Larry has been a systems analyst at a software company for six years. Although he works
hard, gets favorable performance reviews, takes night classes in business management, and has
applied for promotions, his coworkers always get the promotions instead. Larry asked his
coworkers about this, and one of them said, "Don't you realize? This management will never
promote someone like you." This supports Larry's concern that he may be a target of
discrimination because he is black; other talented employees are black, but no black employees
have moved into management positions. Larry decides to discuss the problem with the human
resource manager. If he can't find a satisfactory solution that way, with which federal agency
could he file a complaint?
A) Anti-Discrimination Federal Agency
B) Equal Employment Opportunity Commission
C) Office of Federal Contract Compliance Programs
D) Uniform Guidelines on Employee Selection Procedures
E) Federal Register
52) After filing a discrimination complaint with the Equal Employment Opportunity
Commission (EEOC) or other governmental agency, how long will an individual have to wait
before having the right to sue in federal court?
A) 30 days
B) 60 days
C) 10 days
D) 20 days
E) 40 days
53) A ________ refers to an agreement between the Equal Employment Opportunity
Commission and an organization that the organization will cease certain discriminatory practices
and possibly institute additional affirmative-action practices to rectify its history of
discrimination.
A) trust agreement
B) good faith bargaining
C) consent decree
D) letter of indemnity
E) judicial estoppel
54) The ________ is the set of guidelines issued by the Equal Employment Opportunity
Commission (EEOC) and other agencies to identify how an organization should establish a
recruitment process that is free and fair.
A) Uniform Commercial Code
B) Equal Opportunity Legislation and Policy
C) Code of Federal Regulations
D) Uniform Guidelines on Employee Selection Procedures
E) Equal Employment Opportunity Commission's Employer Information Report
55) What is the name of the agency that is responsible for enforcing the executive orders that
cover companies doing business with the federal government?
A) the Occupational Safety and Health Administration
B) the National Institute for Occupational Safety and Health
C) the Office of Federal Contract Compliance Programs
D) the Equal Employment Opportunity Commission
E) the Federal Department of Employment and Workplace Relations
56) Peggy, a Hispanic female in the accounting department of a large retail chain, believes she
has been the victim of race and sex discrimination. Why can't she turn to the Office of Federal
Contract Compliance Programs (OFCCP) for assistance with this problem?
A) The injury to Peggy is under the $50,000 threshold.
B) The OFCCP protection does not cover sex discrimination.
C) Her employer doesn't have contracts with the federal government.
D) A retail chain would not be affected by federal anti-discrimination laws.
E) Her company does not have an affirmative-action plan on file.
57) According to the affirmative-action plan required by the Office of Federal Contract
Compliance Programs, which term refers to a comparison of the race, sex, and ethnic
composition of an employer's workforce with that of the available labor supply?
A) content analysis
B) job analysis
C) SWOT analysis
D) utilization analysis
E) applied behavior analysis
58) According to the affirmative-action plan required by the Office of Federal Contract
Compliance Programs, ________ refer(s) to a plan identifying the ways in which an organization
will meet its diversity goals.
A) action steps
B) utilization analysis
C) diversification
D) affirmative action
E) disparate impact
59) Differing conduct toward individuals, where the differences are clearly based on the
individuals' race, color, religion, sex, national origin, age, or disability status is termed as
A) sexual discrimination.
B) affirmative action.
C) disparate treatment.
D) reasonable accommodation.
E) reverse discrimination.
60) Identify the case in which disparate treatment is considered legal.
A) In a particular retail outlet, male workers are employed to handle the sales.
B) In an electrical company, male workers are exclusively employed to work as electricians.
C) In a vehicle manufacturing company, male workers are exclusively employed in all
departments.
D) In a certain shopping mall, female workers are exclusively employed to clean the women's
restroom.
E) In a particular hospital, only female nurses are appointed.
61) Which statement is true of a bona fide occupational qualification?
A) It is considered illegal by a court.
B) It is a necessary qualification for a job.
C) It is strictly prohibited by organizations.
D) It is a preferred qualification for the job.
E) It is used to deem disparate treatment illegal.
62) Select the case that would most likely be filed under disparate impact.
A) Zeke is not permitted to train on a new manufacturing machine because he has not yet
completed his company's mandatory workplace safety training course.
B) Betty's coworker, Ruth, is up for a promotion. Both were hired at the same time for the same
entry-level accounting positions, and both have the same level of education. However, Ruth
consistently seeks to take on additional responsibilities, while Betty barely turns her own work in
on time.
C) Charmaine wants to be part of her local police force. Both men and women are encouraged to
apply, but Charmaine discovers the force has a minimum height requirement of 5'10''. She is
5'6''.
D) George is reviewing applications for an open position at his company. One step in the hiring
process requires him to investigate conviction records for all of the job applicants.
E) Heidi, an HR employee at a university, is putting together a job listing for an open faculty
position. Her listing specifies that interested applicants must have a doctoral degree.
63) A vehicle manufacturing company decides to hire 35 employees for its new servicing branch
located in Louisiana. A total of 90 eligible applicants apply for the job, of which 40 are black and
50 are white. Assuming that the company decides to hire 10 blacks and 25 whites, what can be
inferred using the four-fifths rule?
A) 0.5 < 0.8; this indicates that there is no evidence of discrimination.
B) 2 > 0.8; this indicates that there is evidence of discrimination.
C) The hiring rate for blacks is equal to four-fifths the hiring rate of whites; hence, there is no
evidence of discrimination.
D) 0.5 < 0.8; this indicates that there is evidence of discrimination.
E) 2 > 0.8; this indicates that there is no evidence of discrimination.
64) Identify the type of case where most of the debate focuses on discriminatory consequences
and the plaintiff need not prove an employer's intent to discriminate.
A) disparate impact
B) disparate treatment
C) reasonable accommodation
D) affirmative action
E) corrective action
65) Which action by employers can result in reverse discrimination?
A) affirmative action
B) reasonable accommodation
C) disparate treatment
D) retaliation
E) disparate impact
66) An accounting firm is in the process of interviewing candidates for the position of
receptionist. A job candidate arrives at an interview accompanied by a service dog. Which action
by an employer would best meet the requirements of equal employment opportunity?
A) describing job requirements and asking the employee how she would meet them
B) telling the candidate politely that a blind person can't be a receptionist
C) explaining that the company has a no-pets rule
D) making every possible accommodation for this person, at any cost
E) hiring the candidate, whether or not she is qualified for the job
67) Identify the correct statement regarding reasonable accommodation.
A) Reasonable accommodation is the same as reverse discrimination.
B) Reasonable accommodation exclusively compensates for the poor educational background
that hampers the progress of employees.
C) Reasonable accommodation is typically provided in situations involving individuals with
disabilities or different religious needs.
D) Reasonable accommodation is provided on a homogeneous basis without the provisions being
tailored to the individual needs of employees.
E) Reasonable accommodation is provided by an organization even if the requisite changes
create undue hardship on the organization.
68) Matt, a blind man in his early twenties, was recently hired as a DJ at a local radio station in
Orlando. He was given permission by his manager to bring his guide dog to work. In this
instance, Matt's employer makes a(n)
A) disparate impact.
B) disparate treatment.
C) reverse discrimination.
D) reasonable accommodation.
E) undue hardship.
69) What is true about avoiding discrimination?
A) A bona fide occupational qualification is a merely preferred qualification for performing a
job.
B) Proving disparate impact in court requires showing an employer's intent.
C) Proving disparate treatment in court does not require the plaintiff showing an employer's
intent.
D) Reasonable accommodation is provided subject to the condition of undue hardship.
E) If the four-fifths rule is satisfied, substantial evidence of discrimination exists.
70) What is the legal basis for considering sexual harassment to be illegal discrimination?
A) It is a threat to workplace safety.
B) It is a form of disability-related discrimination.
C) It is a form of sex discrimination.
D) It is a form of age discrimination.
E) It is a form of workplace violence.
71) When an individual is promised a positive outcome for submission to sex, or threatened with
a negative outcome for failure to submit to sex, this is referred to as
A) adverse impact.
B) disparate impact.
C) reverse discrimination.
D) undue hardship.
E) quid pro quo harassment.
72) Which statement is true of quid pro quo harassment?
A) It involves mocking an individual's sexual orientation.
B) It refers to an individual gaining benefit in return for a sexual favor.
C) It involves making hiring decisions based on the gender of the applicant.
D) It involves harassment against people based exclusively on the factor of age.
E) It provides preferential treatment for the minority gender at the workplace.
73) When Lily started working for Tough Guy Construction, two of her coworkers made a point
of telling sex-related jokes around her, and they occasionally ran their fingers through her hair
and suggested meeting up after work. Lily feels uncomfortable. What grounds would she have
for complaining to the human resource department about her coworkers?
A) Their behavior violates Executive Order 11246.
B) Their behavior violates the Thirteenth Amendment.
C) Their behavior probably violates the OSH Act.
D) Their behavior could be considered quid pro quo harassment.
E) Their behavior could be considered creation of a hostile working environment.
74) Global Trade Enterprises has a policy statement making it clear that it does not tolerate
sexual harassment. It set up an employee hotline for reporting harassment. When it received
complaints about one of the maintenance workers, the company took action and corrected the
problem immediately. However, two months later, it is receiving more complaints, this time
about a supervisor on the night shift. What else should Global Trade do to keep the workplace
free from sexual harassment?
A) Modify the complaint procedure so employees don't overuse it.
B) Wait to investigate the new complaints.
C) File a complaint with the Equal Employment Opportunity Commission.
D) Train all employees to identify inappropriate workplace behavior.
E) Broaden the policy to include harassment of men, not just women.
75) Garin is an HR manager preparing a message to his company's employees, explaining the
company's new policy of valuing diversity. Which statement should he use to express the best
business case for valuing diversity?
A) A diverse workforce makes the company more competitive by providing insights into its
diverse customers.
B) A diverse workforce is necessary to stay out of legal trouble related to equal employment
opportunity.
C) Valuing diversity takes many forms, including affirmative action and rewards for
demonstrating respect.
D) Valuing diversity need not be limited to employees in categories protected by law.
E) Valuing diversity involves administrative decisions for the human resource department.
76) What is the most comprehensive U.S. law regarding worker safety?
A) the Thirteenth Amendment
B) the Fourteenth Amendment
C) the Occupational Safety and Health Act
D) the Rehabilitation Act of 1973
E) the Civil Rights Act of 1991
77) Name the executive department that is responsible for conducting research to determine the
criteria for specific operations or occupations and for training employers to comply with the
Occupational Safety and Health Act.
A) the Department of Health
B) the Department of Commerce
C) the Department of Justice
D) the Department of Labor
E) the Department of Homeland Security
78) Milo has worked for a small chemical manufacturing company for the past 10 years.
Recently, he and the other workers have developed minor respiratory problems. They confronted
management demanding proper ventilation at the factory because inhaling chemical fumes
continuously could prove fatal. If management does not respond to their demands, they could sue
the company under the
A) Occupational Safety and Health Act.
B) Equal Pay Act of 1963.
C) Title VII of the Civil Rights Act of 1964.
D) Americans with Disabilities Act.
E) Age Discrimination in Employment Act.
