Human Resource Management, 14e, Global Edition (Dessler)
Chapter 2 Equal Opportunity and the Law
1) Which Amendment to the U.S. Constitution states that “no person shall be deprived of life,
liberty, or property, without due process of the law”?
A) First Amendment
B) Fifth Amendment
C) Tenth Amendment
D) Thirteenth Amendment
2) The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held
that it bars racial discrimination.
A) Fifth
B) Tenth
C) Thirteenth
D) Fourteenth
3) The 13th Amendment to the U.S. Constitution addresses the subject of ________.
A) due process
B) slavery
C) private property
D) trial by jury
4) The ________ gives all persons the same right to make and enforce contracts and to benefit
from the laws of the land.
A) Fifth Amendment
B) Civil Rights Act of 1866
C) Title VII of the 1964 Civil Rights Act
D) Thirteenth Amendment
5) Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination
based on all of the following characteristics EXCEPT ________.
A) race
B) religion
C) color
D) sexual orientation
6) According to Title VII of the 1964 Civil Rights Act, which of the following employers would
be legally allowed to refuse employment to an individual based on race, religion, or sex?
A) a state agency with 65 employees
B) a medical office with 25 employees
C) a local restaurant with 10 employees
D) a department store with 100 employees
7) Which legislation was responsible for the creation of the Equal Employment Opportunity
Commission?
A) Equal Pay Act of 1963
B) Civil Rights Act of 1866
C) Executive Orders 11246 and 11375
D) Title VII of the 1964 Civil Rights Act
8) The EEOC was initially established to investigate complaints about ________.
A) job discrimination
B) unfair business practices
C) sexual harassment in schools
D) structural accommodations for disabled people
9) How many members serve on the Equal Employment Opportunity Commission?
A) 3
B) 5
C) 9
D) 10
10) Which of the following appoints the members of the EEOC?
A) U.S. Congress
B) U.S. Supreme Court
C) U.S. President
D) U.S. voters
11) Which of the following requires equal pay for equal work regardless of sex?
A) Title VII of the 1964 Civil Rights Act
B) Equal Pay Act of 1963
C) Pay Discrimination in Employment Act of 1967
D) Civil Rights Act of 1991
12) When companies utilize ________, they take steps to eliminate the present effects of past
discrimination.
A) affirmative action
B) executive orders
C) rehabilitation
D) equal pay rules
13) Which of the following is responsible for implementing Executive Orders 11246 and 11375
that were issued by the Johnson administration?
A) Equal Employment Opportunity Commission
B) Pension Benefits Guarantee Corporation
C) Occupational Safety and Health Administration
D) Office of Federal Contract Compliance Programs
14) Which of the following factors is NOT an acceptable basis for different pay for equal work
under the Equal Pay Act of 1963?
A) gender
B) seniority
C) production quality
D) production quantity
15) Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely
intended to protect Paul from discrimination?
A) Executive Order 11375
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967
16) According to the Age Discrimination in Employment Act of 1967, it is unlawful to
________.
A) sue an employer for age-based pay
B) require employees to retire at age 65
C) allow juries to determine age discrimination
D) institute a minimum age for employees
17) The ________ requires certain federal contractors to take affirmative action for disabled
persons.
A) Equal Pay Act
B) Vocational Rehabilitation Act
C) Americans with Disabilities Act
D) Civil Rights Act
18) Which of the following refers to highly recommended procedures issued by federal agencies
regarding employee selection and record keeping?
A) job specifications
B) employment metrics
C) process charts
D) uniform guidelines
19) Which of the following does NOT participate in the issuance of uniform guidelines?
A) Department of Labor
B) Better Business Bureau
C) Department of Justice
D) Civil Service Commission
20) Uniform guidelines from the EEOC are recommended for employers to use in matters
regarding all of the following EXCEPT ________.
A) employee selection
B) record keeping
C) sexual harassment
D) psychological testing
21) Which Supreme Court case was used to define unfair discrimination in conjunction with
EEO laws?
A) Brown v. Board of Education
B) Griggs v. Duke Power Company
C) West Coast Hotel Co. v. Parrish
D) Abington School District v. Schempp
22) In Griggs v. Duke Power Company, Griggs sued the power company because it required coal
handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because
________.
A) high school diplomas were not related to success as a coal handler
B) Duke Power Company intentionally discriminated based on race
C) no business necessity existed for Duke Power Company
D) Title VII forbids job testing
23) If a person is in a protected class, he or she is protected by which of the following?
A) Department of Labor guidelines
B) Sarbanes-Oxley Act
C) Title VII of the Civil Rights Act
D) Consumer Protection Act
24) All of the following are principles established by Griggs v. Duke Power Company EXCEPT
________.
A) burden of proof is on the employer
B) performance standards should be unambiguous
C) business necessity is a defense for an existing program
D) discrimination does not have to be overt to be illegal
25) Under the principles established by Griggs v. Duke Power Company, ________ can be used
as a defense for any existing program that has adverse impact.
A) occupational qualification
B) business necessity
C) affirmative action
D) burden of proof
26) Which court case provided details regarding how employers could validate the relationship
between screening tools and job performance?
A) West Coast Hotel Co. v. Parrish
B) Albemarle Paper Company v. Moody
C) Griggs v. Duke Power Company
D) Burlington Industries v. Ellerth
27) Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the
burden of proving that the challenged practice is job related?
A) employee
B) employer
C) judge
D) EEOC
28) According to the Civil Rights Act of 1991, an employee who claims intentional
discrimination can sue for all of the following EXCEPT ________.
A) back pay
B) job reinstatement
C) compensatory damages
D) substantive consolidation
29) Race, color, religion, sex, or national origin is a motivating factor in a termination, but the
employee would have been terminated for failure to perform anyway. Which of the following
most likely exists in this situation?
A) mixed motive
B) disparate impact
C) liability defense
D) burden of proof
30) Which of the following requires employers to make reasonable accommodations for disabled
employees?
A) Civil Rights Act of 1991
B) Americans with Disabilities Act of 1990
C) Vocational Rehabilitation Act of 1973
D) Disability Discrimination in Employment Act of 1967
31) According to the Americans with Disabilities Act, which of the following would NOT be
considered a disability?
A) cosmetic disfigurement
B) anatomical loss
C) pyromania
D) AIDS
32) Which type of disability accounts for the greatest number of ADA claims?
A) drug-related
B) mental
C) vision
D) hearing
33) Under ADA, those who can carry out the essential functions of the job are known as which
of the following?
A) protected class
B) career anchors
C) staff authorities
D) qualified individuals
34) An employer that uses a screen-reading program to meet the needs of a blind employee is
most likely ________.
A) making a reasonable accommodation
B) fulfilling job analysis requirements
C) identifying essential job functions
D) complying with Title VII rules
35) Which of the following best explains why employers win the majority of ADA cases?
A) Employers make the necessary reasonable accommodations for employees.
B) Employees fail to prove that their disabilities affect daily living activities.
C) Conservative judges are sympathetic towards most small-business owners.
D) Employee attorneys fail to draw connections between Title VII and ADA.
36) Which of the following will be the most likely result of the ADA Amendments Act of 2008?
A) Employees will find it easier to prove that their disabilities are limiting.
B) The number of major life activities considered disabilities will be narrowed.
C) Employers will be required to make fewer accommodations for workers with disabilities.
D) Employers will be required to hire a specific percentage of disabled workers to be in
compliance.
37) In which of the following situations does sexual harassment NOT violate Title VII?
A) if the conduct substantially interferes with a person’s work performance
B) if the conduct creates an intimidating work environment
C) if the conduct is motivated by both age and gender
D) if the conduct creates an offensive work environment
38) The ________ provides that a person who commits a crime of violence motivated by gender
thus deprives another of rights shall be liable to the party injured.
A) Civil Rights Act of 1991
B) Federal Violence Against Women Act of 1994
C) Pregnancy Discrimination Act
D) Vocational Rehabilitation Act of 1973
39) Which of the following is NOT a form of sexual harassment according to EEOC guidelines?
A) unwelcome sexual advances that create an intimidating work environment
B) verbal conduct of a sexual nature that unreasonably interferes with work performance
C) physical conduct of a sexual nature that creates an offensive work environment
D) mutually consensual physical conduct of a sexual nature between co-workers
40) All of the following are ways for an employee to prove sexual harassment EXCEPT by
proving that ________.
A) the verbal remarks of a co-worker were sexually flirtatious
B) the rejection of a supervisor’s sexual advances led to a demotion
C) a hostile work environment was created by a co-worker’s sexual conversation
D) a hostile work environment was created by a nonemployee’s sexual advances
41) Judy was up for a promotion at Simpson Consulting when her supervisor, Will, encouraged
her to develop a sexual relationship with him. He suggested that her promotion would be a sure
thing if they were involved. When Judy declined his advances, Will fired her. Which of the
following would Judy most likely be able to prove in court if she decided to sue Simpson
Consulting?
A) hostile environment created by supervisors
B) hostile environment created by co-workers
C) disparate treatment
D) quid pro quo
42) Gus is always making sexual jokes at work. Many employees find the jokes funny, but
Shelley, Gus’s executive assistant, is uncomfortable with the jokes. Eventually, she decides to
quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley
experienced?
A) quid pro quo
B) hostile environment created by supervisors
C) hostile environment created by co-workers
D) hostile environment created by nonemployees
43) All of the following are ways that an employer can minimize liability in sexual harassment
claims EXCEPT ________.
A) informing all employees about sexual harassment investigations
B) communicating the sexual harassment reporting procedure
C) developing a clear policy regarding sexual harassment
D) investigating sexual harassment charges promptly
44) 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 best support the plaintiff’s argument that Sanders is liable
for sexual harassment?
A) Sanders re-published its sexual harassment policy twice within the last year.
B) The HR department at Sanders has records of the plaintiff’s initial complaints.
C) Sanders lacks a management response system for handling sexual harassment complaints.
D) Sanders recently lost a court case filed by former employees who claimed disparate treatment.