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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
True / False
1. The Civil Rights Acts of 1866 and 1870 were intended to ensure that the newly freed slaves were granted the full legal
rights of U.S. citizens.
a. True
b. False
2. Section 1983 of the Civil Rights Act is restricted to claims of intentional discrimination.
a. True
b. False
3. Executive Order No. 11246 provides the basis for the federal government contract compliance program.
a. True
b. False
4. Affirmative action plans must be updated once in every six months and must contain an analysis of the employer’s use
of minors and senior citizens for each job category in the work force.
a. True
b. False
5. Individuals alleging a violation of a firm’s obligations under Executive Order No. 11246 may file complaints with the
Occupational Health and Safety Administration.
a. True
b. False
6. The administrative enforcement proceedings involve a hearing before an administrative law judge.
a. True
b. False
7. Persons who are affected by alleged violations of the USERRA must file written complaints with the U.S. Attorney
General.
a. True
b. False
8. By refusing to bargain in good faith, employers and unions that negotiate, or attempt to negotiate, discriminatory
provisions in seniority systems, pay scales, or promotion policies could be committing unfair labor practices in violation
of Section 8(a)(5) or Section 8(b)(3).
a. True
b. False
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
9. Strict Scrutiny Test requires the government to demonstrate that the affirmative action program was necessary to
achieve a compelling government purpose.
a. True
b. False
10. Under Title VII, a person complaining of employment discrimination must file with any state or local EEO agency
before taking their complaint to the federal Equal Employment Opportunity Commission.
a. True
b. False
11. The Sarbanes-Oxley Act of 2002 applies to corporations whose shares are publicly traded in the United States.
a. True
b. False
12. The whistleblower provisions of Sarbanes-Oxley also apply to foreign citizens working abroad for foreign subsidiaries
of U.S. corporations.
a. True
b. False
13. Federal EEO laws specifically prohibit employment discrimination based on criminal record.
a. True
b. False
14. The federal Employee Polygraph Protection Act of 1988 supports the right of private employers to require employees
to take polygraph, or “lie detector,” tests.
a. True
b. False
15. The federal Employee Polygraph Protection Act of 1988 prohibits honesty testing.
a. True
b. False
Multiple Choice
16. Which one of the following Section, in part, states that “All persons within the jurisdiction of the United States shall
have the same right in every State and Territory to make and enforce contract as is enjoyed by white citizens”?
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
a. Section 1982 of the Civil Rights Act of 1991
b. Section 1981 of 42 U.S.C.
c. Section 1985 of the Sarbanes-Oxley Act of 2002
d. Section 1986 of the National Labor Relations Act
17. Which one of the following Sections states that “For the purposes of this section, the term “make and enforce
contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all
benefits, privileges, terms and conditions of the contractual relationship?
a. Section 1971 of the Sarbanes-Oxley Act of 2002
b. Section 1981 of the Rehabilitation Act
c. Section 1981(a) the National Labor Relations Act
d. Section 1981(b) of the Civil Rights Act of 1991
18. The prohibitions of _____ extend to the deprivation of any rights guaranteed by the Constitution or by law.
a. Section 1981(a) of the Civil Rights Act of 1991
b. Section 1981(b) of the Civil Rights Act of 1991
c. Section 1983 of 42 U.S.C.
d. Section 1985 of 42 U.S.C.
19. Which of the following Sections prohibits two or more persons from conspiring to deprive a person or class of persons
“of the equal protection of the laws, or of equal privileges and immunities under the law?”
a. Section 1981(a) of the EEOC
b. Section 1981(b) of the Age Discrimination Act
c. Section 1985(c) of the Civil Rights Act
d. Section 1991 of the Gender Discrimination Act
20. Executive Order No. 11246 states that, as amended, firms doing business with the federal government must agree not
to discriminate in employment on the basis of race, color, religion, national origin, or gender. This forms the basis of the
federal government:
a. contract compliance program.
b. affirmative action program.
c. social welfare program.
d. labor management program.
21. Which one of the following option is a program that involves giving preference in hiring or promotion to qualified
female or minority employees?
a. Contract compliance program
b. Labor management program
c. Social welfare program
d. Affirmative action program
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
22. Firms found to be in violation of the obligations under the Executive Order, either through the courts or the
administrative proceedings may be subject to _____ and required to provide back pay and grant retroactive seniority to
affected employees.
a. injunctions
b. review petition
c. pre trial judgment
d. summary dismissal
23. Which of the following is not true regarding USERRA?
a. It covers both private and public sector employers.
b. It also covers the federal government.
c. It prohibits employers from discriminating against employees because of their service in the military.
d. It applies only to career military service.
24. Employees who were ordered to active military service are entitled to reinstatement and employee benefits if they
meet the following requirements except:
a. they gave the employer notice of the period of military service.
b. they are absent for a cumulative total of less than five years.
c. they were initially employed for a brief, nonrecurring period.
d. they submitted an application for reemployment within the designated time period.
25. Persons who are affected by alleged violations of the USERRA must file written complaints with the:
a. National Labor Relations Board.
b. Equal Employment Opportunity Commission.
c. National Federation of Labor Union.
d. Federal Secretary of Labor.
26. Plaintiffs may bring suits under Section 1981 to challenge racial or ethnic harassment or retaliation, according to:
a. Saint Francis College v. Al-Khazraji.
b. Lopez v. S. B. Thomas, Inc.
c. Manatt v. Bank of America, N.A.
d. None of these answers.
27. In United Packinghouse Workers Union v. NLRB, the court held that race discrimination by an employer was an unfair
labor practice in violation of _____ of the NLRA.
a. Section 8(b)(2)
b. Section 8(a)(1)
c. Section 1981(a)
d. Section 8(a)(3)
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
28. A basis of discrimination, classification, or differential treatment such as race, color, gender, religion or national origin
by government action, for which there is little legitimate justification for treating persons because of such characteristics,
is called as a:
a. suspect class.
b. nonsuspect class.
c. minority class.
d. bargaining unit.
29. A constitutional analysis used by courts hearing equal protection claims involving governmental discrimination based
on a “suspect class” is known as a(n):
a. contract compliance program.
b. strict scrutiny test.
c. affirmative action plan.
d. social welfare program.
30. Which one of the following options is a basis of discrimination, classification, or differential by government action
which is neutral with regard to race, color, gender, religion or national origin, and which is related to legitimate
government interests?
a. Due process clause
b. Strict scrutiny test
c. Suspect class
d. Non-suspect class
31. In Cleveland Board of Education v. LaFleur, the Supreme Court struck down a rule imposing a mandatory maternity
leave on teachers reaching the fifth month of pregnancy on grounds that it violated the _____ rights of the teachers.
a. due process
b. equal protection
c. affirmative action
d. fundamental
32. Which of the following statements is not true?
a. The Michigan Civil Rights Act specifically prohibits discrimination based on height or weight.
b. The District of Columbia Human Rights Law prohibits discrimination based on personal appearance or political
affiliation.
c. Maine law requires employers to post a notice in the workplace informing employees that sexual harassment is
illegal.
d. New York law prohibits a mother from breast-feeding her child in any public place.
33. Except in those instances where sex may be a BFOQ, all state EEO laws, in terms or conditions of employment,
prohibit the discrimination on the basis of:
a. age.
b. gender.
c. sexual orientation.
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
d. race.
34. An employee who attempts to report employer wrongdoing or actions threatening public health or safety to
government authorities is called:
a. union member.
b. negotiator.
c. whistle blower.
d. arbitrator.
35. Which one of the following options provides general protection for civil service workers from any discipline or
retaliation because they have disclosed a violation of laws or regulations, gross mismanagement or a gross waste of funds,
or a substantial and specific danger to the public health or safety?
a. The Civil Rights Act of 1866 and 1870
b. The Federal Civil Service Reform Act
c. The National Labor Relations Act
d. Executive Order 11246
36. Which one of the following options is responsible for investigating and pursuing claims of whistleblowers?
a. Equal Employment Opportunity Commission
b. National Labor Relations Board
c. The federal Office of Special Counsel
d. International Labor Organization
37. Which one of the following acts imposes both civil and criminal penalties for employers who take adverse
employment actions against whistleblowers?
a. The Civil Service Reform Act
b. The Sarbanes-Oxley Act
c. The Civil Rights Act
d. The Fair Labor Standards Act
38. In Henry v. City of Detroit, Henry filed a suit under:
a. Michigan’s Whistleblower’s Protection Act.
b. the Civil Rights Act of 1991.
c. the federal Civil Service Reform Act.
d. the Federal Mine Health and Safety Act.
39. Which one of the following state laws allows institutions of higher education to obtain background checks on
applicants for security-sensitive positions?
a. Tennessee law
b. Indiana law
c. Texas law
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
d. Missouri law
40. Which one of the following laws requires criminal background checks for employees of the state Lottery
Commission?
a. Texas law
b. Virginia law
c. Indiana law
d. Tennessee law
41. The EPPA requires that any polygraph test must be administered by a(n):
a. independent contractor.
b. validly licensed examiner.
c. labor inspector.
d. arbitrator.
42. The federal and state legislation generally prohibits employers from requiring employees to take:
a. honesty tests.
b. polygraph tests.
c. psychometric tests.
d. physical fitness tests.
43. The use of psychological profile tests as an employee selection device could possibly raise issues under the _____ or
state antidiscrimination legislation.
a. Civil Rights Act of 1991
b. Americans with Disabilities Act
c. federal Equal Employment Opportunity
d. federal Employee Polygraph Protection Act
44. Which one of the following legislative protections is mainly designed to protect smokers or tobacco users from
employment discrimination as long as their tobacco use is after the working hours?
a. Criminal Record
b. Clean Indoor Air
c. Honesty Testing
d. Off-Duty Conduct
45. Employers from discriminating against employees because of their legal off-duty recreational or political activities are
prohibited under _____ of the New York State Labor Law.
a. Section 201-a
b. Section 201-d
c. Section 205-d
d. Section 203-b
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
46. In McCavitt v. Swiss Reinsurance America Corporation, McCavitt was employed as an executive by Swiss
Reinsurance America Corporation (Swiss Re). McCavitt filed a suit against Swiss Re, alleging that his _____ was in
violation of Section 201-d New York Labor Law.
a. appointment
b. promotion
c. discharge
d. demotion
47. Which of the following is true with regard to Hansen v. America Online, Inc.?
a. The Utah Supreme Court accepted a wrongful termination suit brought by several employees.
b. The employees were discharged for violating an employer’s policy prohibiting possession of a firearm on the
employer’s property.
c. The court held that the discharge of the employees was not in violation of public policy.
d. The private property rights of the employer allowed the employer to ban firearms from its property.
48. The laws that allow employees to bring firearms onto their employer’s property were challenged by a number of
employers on the grounds that requiring employers to allow guns on their property would violate the employers’ general
duty under the _____ to provide a safe workplace.
a. Section 201-d of the New York State Labor Law
b. Federal Mine Health and Safety Act
c. Civil Rights Act
d. federal Occupational Safety and Health Act (OSHA)
Subjective Short Answer
49. What was the basic intention behind creation of the Civil Rights Acts of 1866 and 1870?
50. Who administers the contract compliance program?
51. Define affirmative action plans.
52. What is the role of Uniformed Services Employment and Reemployment Rights Act?
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
53. What are the requirements of strict scrutiny test?
54. What are remedial affirmative action plans?
55. What is the responsibility of the federal Office of Special Counsel?
56. What are the remedies provided under civil whistleblower’s provisions by the Department of Labor?
57. What is the role of federal Employee Polygraph Protection Act of 1988?
58. Define honesty tests.
Essay
59. Give a brief outline of the Civil Rights Act of 1866 and 1870.
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Chapter 11: Other EEO and Employment Legislation: Federal and State Laws
60. Briefly explain the Uniformed Services Employment and Reemployment Rights Act.
61. What reasons allow employers not to reinstate employees after their military service?
62. Name a few instances in which the employers conduct criminal record background checks on applicants.
63. What are the exceptions under EPPA to allow polygraph testing?