45) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual
harassment by a former Sanders employee. The plaintiff asserts that she was the victim of
numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’
management condoned a hostile work environment and that the company is liable for the actions
of the male employee.
Which of the following, if true, would most likely undermine the plaintiff’s claim that Sanders is
liable for the male employee’s conduct?
A) The male employee physically threatened the plaintiff on three occasions.
B) The male employee made sexual advances towards the plaintiff on a daily basis.
C) The male employee was required by HR to participate in a sexual harassment awareness
course.
D) The male employee’s conduct significantly interfered with the plaintiff’s ability to perform her
job.
46) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual
harassment by a former Sanders employee. The plaintiff asserts that she was the victim of
numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’
management condoned a hostile work environment and that the company is liable for the actions
of the male employee.
All of the following are most likely relevant questions to address in this court case EXCEPT
________.
A) Does Sanders have a record of employees who claim disparate treatment in the work place?
B) Did Sanders take reasonable care to prevent sexual harassment in the work place?
C) Does Sanders have a policy statement regarding sexual harassment?
D) Is the male co-worker a U.S. citizen and is Sanders a U.S. entity?
47) One of Alexis’ male co-workers has been making sexually suggestive comments to Alexis
about her clothing and her appearance, which makes Alexis feel uncomfortable at work. What is
the first step Alexis should take to address the problem?
A) filing a complaint with the local EEOC office
B) filing a verbal complaint with the harasser’s boss
C) writing a letter to the accused
D) consulting an attorney
48) Which of the following is a true statement regarding U.S. EEO laws and international
employees?
A) U.S. EEO laws apply to jobs located outside the U.S. when the employer is a foreign entity
and the employee is a U.S. citizen.
B) U.S. EEO laws do not apply to jobs located inside the U.S. when the employer is a foreign
entity and the employee is a foreign citizen.
C) U.S. EEO laws apply to foreign citizens in jobs located outside the U.S. if the employer is a
U.S. entity.
D) U.S. EEO laws apply inside the U.S. when the employer is a U.S. entity and the employee is a
foreigner legally authorized to work in the U.S.
49) ________ 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 impact
B) Disparate treatment
C) Adverse impact
D) Prima facie
50) Which of the following refers to the overall effect of employer practices that result in
significantly higher percentages of members of protected groups being rejected for employment,
placement, or promotion?
A) disparate treatment
B) disparate impact
C) adverse impact
D) prima facie
51) All of the following are ways that an employee or job applicant can show adverse impact
EXCEPT ________.
A) comparing disparate rejection rates
B) holding a fact-finding conference
C) utilizing population comparisons
D) using the standard deviation rule
52) Which of the following is used by lawyers in disparate impact cases to show intentional
disparate treatment?
A) disparate rejection rates
B) restricted policy approach
C) population comparisons
D) McDonnell-Douglas test
53) The formula used by federal agencies to determine disparate rejection rates is based on a
selection rate for any racial, ethnic, or sex group less than ________ percent of the rate for the
group with the highest rate.
A) 40
B) 60
C) 80
D) 100
54) Which of the following tests for adverse impact involves demonstrating that the employer’s
policy either intentionally or unintentionally excludes members of a protected group?
A) McDonnell-Douglas test
B) BFOQ approach
C) systemic method
D) restricted policy
55) Which of the following involves comparing the percentage of the minority/protected group
and white workers in an organization with the percentage of the corresponding group in the labor
market?
A) personnel population comparison approach
B) restricted policy comparison method
C) population comparisons approach
D) McDonnell-Douglas test
56) According to ________, an employer can claim that an employment practice is a bona fide
occupational qualification for performing the job.
A) Title VII of the 1964 Civil Rights Act
B) Vocational Rehabilitation Act of 1973
C) Executive Orders 11246 and 11375
D) 1972 Equal Opportunity Act
57) Employers primarily use bona fide occupational qualification (BFOQ) as a defense against
charges of discrimination based on ________.
A) religion
B) age
C) gender
D) nationality
58) In which of the following jobs would gender most likely be appropriate to use as a BFOQ?
A) fire fighter in a metropolitan fire department
B) prison guard at a federal penitentiary
C) teacher at a private, all-girls school
D) actor in a toothpaste commercial
59) 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) BARS
B) ADEA
C) EEOC
D) BFOQ
60) Which defense requires showing that there is an overriding company-related purpose for a
discriminatory practice and that the practice is therefore acceptable?
A) prima facie
B) business necessity
C) adverse impact
D) mixed motive
61) The application requirements for Western Airlines pilot positions require candidates to have
logged at least 200 hours piloting an aircraft within the previous 36 months. In addition,
applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the
commanding pilot of a commercial airplane. A four-year college degree is also required. Jeff
Sanchez, who is Hispanic, applied for a position as a pilot and was rejected because he has a
degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western
Airlines for discriminatory hiring practices.
Which of the following, if true, best supports Western Airlines’ defense?
A) At Western Airlines, turnover is high among minority employees working as pilots and flight
attendants.
B) Recent experiences with college recruiting have led Western Airlines to increase the
percentage of its minority pilots.
C) The total number of hours spent flying a commercial airline is a valid predictor of
performance for most Western Airlines pilots.
D) Western Airlines bases its selection tests and hiring practices on industry guidelines for
commercial pilots.
62) The application requirements for Western Airlines pilot positions require candidates to have
logged at least 200 hours piloting an aircraft within the previous 36 months. In addition,
applicants must have 2,500 hours of experience in the air with at least 1,000 hours as the
commanding pilot of a commercial airplane. A four-year college degree is also required. Jeff
Sanchez, who is Hispanic, applied for a position as a pilot and was rejected because he has a
degree from a 2-year college and only 2,000 hours of flight experience. Jeff is suing Western
Airlines for discriminatory hiring practices.
Which of the following statements is most likely relevant to this court case against Western
Airlines?
A) Most pilots at Western Airlines belong to labor unions and are involved in collective
bargaining arrangements detrimental to the industry.
B) The job requirements for pilots at Western Airlines are a business necessity due to the human
risks associated with hiring unqualified applicants.
C) The Age Discrimination in Employment Act prevents firms, such as Western Airlines, from
discriminating when age is a BFOQ.
D) As a global firm, Western Airlines can easily establish a prima facie case of discrimination
based on race.
63) All of the following recruitment practices are potentially discriminatory EXCEPT ________.
A) spreading information about job openings through word-of-mouth among a firm’s
predominantly Hispanic workforce
B) providing misleading information to Asian and Indian job applicants
C) posting help wanted ads that specify young, male applicants
D) posting job advertisements only in local newspapers
64) Which of the following is most likely an example of a discriminatory selection standard?
A) measuring a software designer applicant’s knowledge about a computer language
B) requiring a high school teacher applicant to have a four-year college degree
C) requiring engineer applicants to meet specific height standards
D) asking prison guard applicants to reveal their arrest records
65) What is the most common next step in the EEOC enforcement process after a person files an
employment discrimination claim?
A) The EEOC either accepts or refers the charge.
B) The two parties are required to participate in mediation.
C) A commission investigates the claim in an open-meeting.
D) The employer and EEOC bring a civil suit in a federal district court.
66) Which of the following refers to an informal meeting held early in an EEOC enforcement
investigation that attempts to define issues and determine if settlement is possible?
A) voluntary mediation
B) fact-finding conference
C) collective bargaining
D) mandatory arbitration
67) The EEOC describes a(n) ________ 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) mandatory arbitration
D) alternative dispute resolution
68) A workforce comprised of two or more groups of employees with various racial, gender,
cultural, handicap, age, and religious backgrounds is best described as ________.
A) competitive
B) ethnocentric
C) globalized
D) diverse
69) Which of the following would LEAST likely foster diversity in the workplace?
A) changing the culture through diversity training education programs
B) appointing a small group of minorities to high-profile positions
C) recruiting minority members to the board of directors
D) using metrics to evaluate diversity programs
70) In Bakke v. Regents of the University of California, which of the following claims was made
by Allen Bakke?
A) sexual harassment
B) racial discrimination
C) reverse discrimination
D) affirmative action
71) Discrimination is a bias toward prejudging someone based on that person’s trait.
72) The 13th Amendment to the U.S. Constitution states, “no person shall be deprived of life,
liberty, or property, without due process of the law.”