56) ________ exists when an employer treats an individual differently because
that individual is a member of a particular race, religion, gender, or ethnic group.
A) Disparate treatment
B) Disparate impact
C) Adverse impact
D) Prima facie
57) ________ refers to the total employment process that results in a significantly
higher percentage of a protected group in the candidate population being rejected
for employment, placement, or promotion.
A) Disparate treatment
B) Unintentional discrimination
C) Adverse impact
D) Prima facie
58) Religion may be used as a BFOQ if ________.
A) a religious organization requires employees to share their religion
B) an employer does not want to honor an employee’s religious holidays
C) Both A and B.
D) Neither A nor B.
59) Which of the following characteristics could serve as a BFOQ depending on
the nature of the job requirements?
A) age
B) gender
C) religion
D) All of the above.
60) Pictures and Promotions Modeling Studio seeks to hire male models for an
upcoming fashion show featuring men’s wear. The studio is using ________ as a
justification for not considering women for the jobs.
A) BFOQ
B) ADEA
C) EEOC
D) None of the above.
61) The defense of ________ requires showing that there is an overriding
business purpose for the discriminatory practice and that the practice is therefore
acceptable.
A) BFOQ
B) business necessity
C) adverse impact
D) mixed motive
62) Which of the following recruitment practices could be considered
discriminatory?
A) word of mouth
B) misleading information
C) help wanted ads with discriminatory language
D) All of the above.
63) The following may be examples of discriminatory selection standards except:
A) educational requirements.
B) arrest records when security clearance is necessary.
C) height, weight, and physical characteristics.
D) None of the above; all may be discriminatory selection standards.
64) Under the Civil Rights Act of 1991, a discrimination claim must be filed
within ________ after the alleged incident took place.
A) six months
B) one year
C) 300 days
D) three years
65) The EEOC describes a ________ as 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) fact-finding conference
B) voluntary mediation
C) negotiation
D) mandatory arbitration
66) Firms using ________ make an extra effort to hire and promote those in
protected groups.
A) ethical hiring practices
B) affirmative action
C) diversity management
D) BFOQ
67) ________ aims to ensure that anyone, regardless of race, color, disability, sex,
religion, national origin, or age has an equal chance for a job based on his or her
qualifications, and requires employers to make an extra effort to hire and promote
those in a protected group.
A) Equal employment opportunity
B) Affirmative action
C) Diversity management
D) BFOQ
68) Which of the following is NOT one of the activities that an organization can
use to boost diversity?
A) hire all diversity applicants
B) adopt strong company policies
C) publicize diversity philosophy throughout the company
D) take concrete steps to foster diversity at work
69) In Farragher v. City of Boca Raton the employee accused the employer of
condoning a hostile working environment.
70) Workforce diversity can lead to increase in business success.
71) White males are still dominating the labor force today.
72) Diversity programs can lead to increases in business.
73) Limiting the information given during a response to an employment
discrimination charge is advisable.
74) There are four steps in an affirmative action program.
75) Voluntary affirmative action programs have the potential to run afoul of the
Civil Rights Act of 1991.
76) Changing performance appraisal to include components regarding intergroup
conflicts is not helpful in managing diversity.
77) The EEOC receives and investigates job discrimination complaints from
aggrieved individuals.
78) There is no need to develop support for an affirmative action program: They
are universally liked.
79) Affirmative action programs should, and usually do, have a top official in
charge of development and implementation.
80) Only an aggrieved individual can file discrimination charges against another.
81) It is lawful to segregate or classify your employees on the basis of national
origin.
82) The establishment of the EEOC assisted the federal government in enforcing
equal employment laws.
83) According to the Equal Pay Act, management must pay workers the same
under all circumstances.
84) When a job involves an equivalent amount of skills, effort, and responsibility
then an employer must give equal pay.
85) The EEOC does not have the power to sue on behalf of complainants.
86) Executive Orders reduce the scope of Title VII.
87) The Pregnancy Discrimination Act is an amendment to Title VII.
88) Verbal conduct of a sexual nature cannot be called sexual harassment.
89) The most direct way to prove sexual harassment is showing a tangible
employment action is dependent on sexual favors.
90) The Equal Pay Act of 1963 made it unlawful to discriminate against
employees or applicants for employment who are between 40 and 65 years of age.
91) If an employer offers its employees disability coverage, then it must treat
pregnancy and childbirth like any other disability and include it in the plan as a
covered condition.
92) Title VII forbids testing or screening of job applicants because testing could
systematically discriminate against some protected classes.
93) An employer can avoid liability for discrimination by proving that it would
have taken the same action even without the discriminatory motive.
94) The American with Disabilities Act of 1990 does not list specific disabilities.
95) Simply being disabled qualifies someone for a job under the ADA.
96) Mental disabilities like depression account for the greatest number of claims
brought under the ADA.
97) The ADA requires employers to have job descriptions in order to document
the essential functions of each position.
98) To prove sexual harassment, it is necessary to show that the harassment had
tangible consequences such as demotion or termination.
99) In order for discrimination to exist, an employer’s intent to discriminate must
be established.
100) Adverse impact refers to employment processes that result in more
individuals from a protected group being rejected regardless of whether the
difference is significant.
101) Under the Civil Rights Act of 1991, disparate impact claims require proof of
discriminatory intent.
102) Employers primarily use a bona fide occupation qualification as a defense
against charges of intentional discrimination based on gender.
103) The Age Discrimination in Employment Act prohibits discriminating against
a person 50 or over in any area of employment because of age.
104) EEOC investigators are empowered to act as courts and can conclude
discrimination based on their investigations.
105) Managing diversity means maximizing diversity’s potential advantages while
minimizing the potential barriers that can undermine the functioning of a diverse
workforce.
106) What were the three crucial guidelines affecting equal employment
legislation that Chief Justice Burger identified in his written opinion on Griggs v.
Duke Power Company?
107) Under the ADA, if a disabled individual cannot perform a job as currently
structured, the employer must make a reasonable accommodation unless doing so
would present an undue hardship. What might qualify as reasonable
accommodation?
108) What legal obligations are required for employers by the Americans with
Disabilities Act?
109) What is sexual harassment?
110) What are the two types of sexual harassment?
111) List three equal employment laws [for extra credit give the year they were
passed].
112) Explain the important aspects of Title VII.
113) What are the three forms of sexual harassment? Name and describe each
one.
114) How can an employer defend itself against sexual harassment liability?
Name and describe two methods.
115) Some say that even when employers use reasonable care by taking steps to
minimize liability for sexual harassment, minimize, or eliminate the occurrence of
sexual harassment, and take immediate action once it knows of harassing conduct,
it still may not be enough. Why might this be the case?
116) What steps can an employee take to address the problem of harassment?
117) Compare and contrast disparate treatment and disparate impact.
118) What are the five sets of voluntary organizational activities that support the
success of a diversity management program?
119) What does BFOQ stand for? Explain the rationale behind it.
120) List and explain five things that an employer cannot do with regard to
discriminatory employment practices.