210. Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve
drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue
that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a
court would find that Charles:
a. is wrong; he has illegally discriminated
b. is wrong, based on the merit system doctrine
c. is correct, minority employers can take into account customer preferences as a BFOQ
d. is correct, based on affirmative action
e. is correct, based on the Fourteenth Amendment
211. Charles owns a club whose patrons are mostly African-American. He hires only African-Americans to serve
drinks and food. Li (Asian-American) applies to work. He is qualified but is turned down. If Charles were to argue
that the reason he denied Li the job is because being African-American is a bona fide occupational qualification, a
court would find that Charles:
a. is wrong, based on the merit system doctrine
b. is correct, based on the Fourteenth Amendment
c. is correct, minority employers can take into account customer preferences as a BFOQ
d. is correct, based on affirmative action
e. none of the other choices
212. Which of the following situations is most likely to have violated Title VII:
a. a Catholic priest is refused a job teaching at a Baptist seminary
b. a woman is not hired at an auto parts store because women know nothing about auto parts
c. a man convicted of child molestation is rejected for employment at a day care center
d. a Hispanic woman with poor English is rejected for consideration to be an operator at a 911 emergency
center
e. an older man is rejected for consideration for being hired at a law firm because he does not have a law
degree
213. Which of the following situations is most likely to have violated Title VII:
a. a Catholic priest is refused a job teaching at a Baptist seminary
b. a woman is not hired at an auto parts store because women know nothing about auto parts
c. an older man is rejected for consideration for being hired at a law firm because he does not have a law
degree
d. a Hispanic woman with a poor command of English is rejected for consideration to be an operator at a 911
emergency center
e. all of the other choices are likely to be violations
214. Which of the following situations is likely a violation of Title VII:
a. a Catholic priest is refused a job teaching at a Baptist seminary
b. an older man is rejected for consideration for being hired at a law firm because he does not have a law
degree
c. a man convicted of child molestation is rejected for employment at a day care center
d. a Hispanic woman with a poor command of English is rejected for consideration to be an operator at a 911
emergency center
e. none of the other choices
215. Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially
mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the
workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as:
a. an illegal violation of a bona fide occupational qualification
b. an illegal violation of a bona fide seniority system
c. an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers
to preserve the jobs of the junior black employees
d. a legal way to create the equivalent of an affirmative action program
e. a legal way to preserve the racial mix of the work force
216. Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially
mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the
workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as:
a. an illegal violation of a bona fide occupational qualification
b. a legal way to preserve the racial mix of the work force
c. an illegal violation of the rights of the senior workers that can be corrected by laying-off junior white workers
to preserve the jobs of the junior black employees
d. a legal way to create the equivalent of an affirmative action program
e. none of the other choices
217. A male model claims that his income is lower than it would be because of the domination of women in the modeling
industry. He is capable of modeling women’s clothing and sues the modeling agency for sex discrimination for not
hiring him. The court is likely to find that he:
a. wins because of disparate treatment
b. wins so long as he can show that equally qualified males are not treated as well as females
c. wins because of disparate treatment
d. loses because of bona fide occupational qualification
e. loses because white males under age 40 are not members of a protected class
218. A male model claims that his income is lower than it would be because of the domination of women in the modeling
industry. He is capable of modeling women’s clothing and sues the modeling agency for sex discrimination for not
hiring him. The court is likely to find that he:
a. wins because of disparate treatment
b. wins so long as he can show that equally qualified males are not treated as well as females
c. wins because of disparate treatment
d. loses because white males under age 40 are not members of a protected class
e. none of the other choices
219. Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be?
a. picking models for clothing on the basis of sex
b. picking nurses on the basis of race in hospitals that have mostly black or white patients
c. picking topless waitresses on the basis of sex
d. all of the specific choices would all be illegal
e. all of the specific choices would all be legal
220. Personal characteristics are bona fide occupational qualification in some cases. In which case would it not be?
a. picking models for clothing on the basis of sex
b. picking attendants in dressing rooms based on sex
c. picking topless waitresses on the basis of sex
d. all of the specific choices would all be illegal
e. all of the specific choices would all be legal
221. Which of the following characteristics cannot be a bona fide occupation qualification:
a. sex
b. religion
c. national origin
d. race
e. all of the other specific choices can be a bona fide occupation qualification
222. Sex, religion and national origin, but not race, can be a:
a. bona fide occupation qualification
b. reason for a discrimination claim
c. reason to fire an employee
d. all of the other specific choices are correct
e. none of the other specific choices are correct
223. Requiring modelers of male clothing to be male is:
a. illegal because it discriminates against women
b. legal because in this instance sex is a bona fide occupation qualification
c. illegal because it discriminates against women who like to wear men‘s clothing
d. illegal in some states, but not others
e. none of the other choices are correct
224. If an employee voluntarily retires early because the incentives of the early retirement plan are so generous, then the
employee:
a. can still sue for age discrimination by claiming he was forced to retire early
b. cannot sue for age discrimination by claiming he was forced to retire early
c. is entitled to an extra 2 months of pay in addition to the retirement incentive package
d. will not have to pay taxes on future income if he returns to the workforce
e. will never be eligible for Social Security benefits
225. If an employer is sued for age discrimination, which of the following defenses are not open to that employer?
a. the employee was dismissed for good cause
b. the employee did not do her work properly
c. sex is a bona fide occupational qualification
d. younger workers are cheaper to employ than older workers
e. the employer was observing a bona fide seniority system
226. Remedies for victims of unlawful discriminatory employment practices cannot include:
a. back pay
b. artificial seniority
c. attorney’s fees
d. back pay and attorney’s fees only
e. all of the specific choices are possible
227. The possible remedies that an injured party may sue for under Title VII include:
a. back pay
b. punitive damages
c. reinstatement
d. back pay and reinstatement
e. all of the specific choices are possible
228. The pay that an employee would have earned from the date the discrimination began or the difference between the
pay received and what should have been received is known as:
a. back pay
b. punitive damages
c. front pay
d. compensatory damages
e. none of the other choices are correct
229. An affirmative action program is an effort by:
a. a group of employees to correct past discriminatory practices
b. employers to continue hiring practices that led to under-representation of certain classes of workers
c. employers to remedy discriminatory employment practices that produced imbalanced workforces
d. independent contractors to correct racial balances in the public contracting system
e. none of the other choices
230. A deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and promotion of
protected class members is called:
a. reasonable accommodation
b. disparate treatment
c. affirmative action
d. disparate impact
e. none of the other choices
231. A(n) is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and
promotion of protected class members, when a particular class is underrepresented in the employer’s workforce.
a. equal employment action program
b. affirmative action program
c. fair employment action program
d. anti-discriminatory program
e. compensatory employment program
232. A(n) is a deliberate effort by an employer to remedy discriminatory practices in the hiring, training, and
promotion of protected class members, when a particular class is underrepresented in the employer’s workforce.
a. equal employment action program
b. disparate action program
c. fair employment action program
d. anti-discriminatory program
e. none of the other choices are correct
233. Executive Order 11246 was written:
a. by the EEOC to require affirmative action programs of all governmental organizations
b. by the Commerce Department to require affirmative action programs of all employers of 15 or more persons
c. by the EEOC to require affirmative action programs of all organizations employing 15 or more persons
d. by the President to require affirmative action programs of government contractors
e. by the EEOC to require affirmative action programs of all organizations with federal contracts on behalf of
disabled persons
234. Executive Order 11246 requires all:
a. small business to undertake affirmative action programs
b. minority-owned businesses to undertake affirmative action programs
c. private universities to undertake affirmative action programs
d. agricultural businesses to undertake affirmative action programs
e. businesses with federal contracts totaling $10,000 a year to take affirmative action
235. Executive Order 11246 requires all:
a. small business to undertake affirmative action programs
b. minority-owned businesses to undertake affirmative action programs
c. private universities to undertake affirmative action programs
d. agricultural businesses to undertake affirmative action programs
e. none of the other choices
236. Under Executive Order 11246, large government contractors must:
a. adopt affirmative action programs
b. adopt disparate action programs
c. ignore affirmative action programs
d. fund education opportunities for minorities
e. none of the other choices are correct
237. The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs
of federal contractors, was established in response to:
a. the Equal Pay Act
b. the Fair Labor Standards Act
c. Executive Order 11246
d. the National Labor Relations Act
e. the Federal Contract Equity Act
238. The Office of Federal Contract Compliance Programs (OFCCP), which monitors the affirmative action programs
of federal contractors, was established in response to:
a. the Equal Pay Act
b. the Fair Labor Standards Act
c. the Federal Contract Equity Act
d. the National Labor Relations Act
e. none of the other choices
239. Employers who do $50,000 or more of business with the federal government are required to study their workforce
to determine if the mix of employees in job categories by sex and by race are reflective of the relevant hiring pools
the employers draw from. This is called:
a. voluntary affirmative action program
b. an underutilization analysis
c. a mandatory affirmative action program
d. a remediation analysis
e. a bona fide workforce analysis
240. The mandatory analysis comparing the percent of minorities and women in the community in each job category with
the percent employed by a government contractor is known as:
a. an underutilization analysis
b. a workforce analysis
c. a contractor analysis
d. a government contractor analysis
e. an affirmative action analysis
241. The mandatory analysis comparing the percent of minorities and women in the community in each job category with
the percent employed by a government contractor is known as:
a. an affirmative action analysis
b. a workforce analysis
c. a contractor analysis
d. a government contractor analysis
e. none of the other choices are correct
242. The rules of affirmative action often require employers to:
a. conduct a work-force analysis for each job in an organization
b. take corrective action if certain protected groups are underutilized in any job category
c. make efforts to hire more women
d. conduct a work-force analysis for each job in an organization and take corrective action if certain protected
groups are underutilized in any job category
e. conduct a work-force analysis for each job in an organization and take corrective action if certain protected
groups are underutilized in any job category and make efforts to hire more women
243. Which of the following employment measures is (are) allowed as a part of an affirmative action program?
a. giving preferential treatment to minorities in hiring
b. investing more in training minorities to enhance their qualifications
c. setting goals for promotions of women employees
d. none of the specific choices are allowed
e. all of the specific choices are allowed
244. If an employer is found to have engaged in illegal discrimination, under Title VII the courts may:
a. require an offending employer to begin an affirmative action program
b. require the employer to hire qualified employees in the protected class to make up for past discriminatory
activities
c. require the employer to train current minority employees to become qualified candidates for promotion to
positions in which they are underrepresented
d. all of the other specific choices are possible
e. none of the other specific choices are possible
245. Recently, voluntary affirmative action programs:
a. have declined in prevalence
b. have become more common than court-ordered affirmative action programs
c. have led to a high incidence of reverse discrimination
d. have led to an increase in discrimination claims
e. none of the other choices are correct
246. Recently, court-ordered affirmative action programs:
a. have increased in prevalence
b. have become less common than voluntary affirmative action programs
c. have led to a high incidence of reverse discrimination
d. have led to an increase in discrimination claims
e. none of the other choices are correct
247. In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court:
a. affirmed a hiring goal on promotions, as long as qualified black candidates were available
b. agreed that the remedy proposed by the lower court was discriminatory to whites
c. reversed the lower court’s hiring quota based on race remedy as being too vague
d. held that applicants scoring highest on employment tests must be hired regardless of race
e. none of the other choices
248. In U.S. v. Paradise, involving the hiring of black troopers by the Alabama highway patrol, the Supreme Court:
a. held that the employer had set a hiring quota for blacks that was too large given the composition of the labor
force
b. agreed that the remedy proposed by the lower court was discriminatory to whites
c. reversed the lower court’s hiring quota based on race remedy as being too vague
d. held that applicants scoring highest on employment tests must be hired regardless of race
e. none of the other choices
249. One of the main purposes of an affirmative action program is:
a. to allow an employer to correct for underrepresentation
b. prevent reverse discrimination
c. maintain the status quo of a company
d. all of the other specific choices are correct
e. none of the other specific choices are correct
250. A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting
more women in certain positions in which there were no women. To accomplish its goal, the County hired a
qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the
program was discriminatory. You would expect the Supreme Court held that this action was:
a. a legitimate affirmative action program
b. legal if the county could demonstrate that the woman was better qualified than the man
c. legal only if the county adopted a program with specific clearly specified quotas
d. illegal because the affirmative action program had not been approved by the EEOC
e. illegal because of reverse sex discrimination
251. A county adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting
more women in certain positions in which there were no women. To accomplish its goal, the County hired a
qualified woman instead of a man who had scored higher on a valid aptitude test. The man sued arguing the
program was discriminatory. The Supreme Court held that this action was:
a. illegal because of reverse sex discrimination
b. legal if the county could demonstrate that the woman was better qualified than the man
c. legal only if the county adopted a program with specific clearly specified quotas
d. illegal because the affirmative action program had not been approved by the EEOC
e. none of the other choices
252. In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are:
a. non-existent
b. less protective of women and minorities
c. less protective of women, but more protective of minorities
d. less protective of minorities, but more protective of women
e. more protective of women and minorities
253. In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are:
a. non-existent
b. more protective of women and minorities
c. less protective of women, but more protective of minorities
d. less protective of minorities, but more protective of women
e. none of the other choices
254. Compared to the United States, antidiscrimination laws in Europe and Japan:
a. are much stricter
b. lead to much bigger awards in court cases
c. are not nearly as strict as U.S. laws
d. are nonexistent
e. none of the other choices are correct
255. Japan’s first sexual harassment case:
a. occurred long before the U.S. had laws prohibiting sexual harassment
b. was not decided until 1992 and resulted in a relatively small award
c. was not decided until 2002, but had a huge award
d. was overturned by Japan’s Supreme Court
e. was decided in 1990
256. The provides protection for disabled persons seeking employment with, or who are currently employed by,
employers that receive federal funds.
a. Disability Act of 1973
b. Rehabilitation Act of 1973
c. Title VII Disability Act of 1990
d. Able Bodied Worker Act of 1990
e. Temporarily Disabled Persons Protection Act of 1973
257. The provides protection for disabled persons seeking employment with, or who are currently employed by,
employers that receive federal funds.
a. Disability Act of 1973
b. Temporarily Disabled Persons Protection Act of 1973
c. Title VII Disability Act of 1990
d. Able Bodied Worker Act of 1990
e. none of the other choices are correct
258. Under the Rehabilitation Act of 1973, all companies with federal contracts of
disabled an opportunity in the workplace by providing reasonable accommodations.
a. $5,000 or more
b. $10,000 or more
c. $2,500 or more
d. $100,000 or more
e. $50,000 or more
have a duty to ensure the
259. All companies with federal contracts of $2,500 or more have a duty to ensure the disabled an opportunity in the
workplace by providing reasonable accommodations under the:
a. Disability Act of 1973
b. Rehabilitation Act of 1973
c. Title VII Disability Act of 1990
d. Able Bodied Worker Act of 1990
e. Temporarily Disabled Persons Protection Act of 1973
260. All companies with federal contracts of $2,500 or more have a duty to ensure the disabled an opportunity in the
workplace by providing reasonable accommodations under the:
a. Disability Act of 1973
b. Temporarily Disabled Persons Protection Act of 1973
c. Title VII Disability Act of 1990
d. Able Bodied Worker Act of 1990
e. none of the other choices are correct
261. The Americans with Disabilities Act was passed in:
a. 1964
b. 1973
c. 1978
d. 1990
e. 1996
262. The employment rights of persons with disabilities and their rights to public accommodations, such as hotels,
restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the:
a. Rehabilitation Act of 1990
b. Americans with Disabilities Act of 1990
c. Americans with Disabilities Act of 1973
d. Disabled Americans Act of 1990
e. Physically Handicapped Act of 1990
263. The employment rights of persons with disabilities and their rights to public accommodations, such as hotels,
restaurants, theaters, public transportation, telecommunications, and retail stores were expanded by the:
a. Rehabilitation Act of 1990
b. Physically Handicapped Americans Act of 1990
c. Americans with Disabilities Act of 1973
d. Disabled Americans Act of 1990
e. none of the other choices are correct