Chapter 21 are valid if related to job performance and do not result in a disparate impact

subject Type Homework Help
subject Pages 14
subject Words 4649
subject Authors Marianne M. Jennings

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65. The prohibitions on sex discrimination apply only to:
a. job hiring decisions.
b. promotions.
c. wage increases.
d. a, b, and c
e. none of the above
66. Title VII is not applicable to:
a. professional positions.
b. merit pay systems.
c. partnership decisions.
d. none of the above
67. Under Title VII, sexual harassment complaints require proof of:
a. actual physical contact.
b. involuntary sexual acts.
c. either verbal or physical suggestions.
d. none of the above
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68. Under Title VII, employers who have had an incident of sexual harassment reported to them:
a. are required to take some action to investigate the complaint.
b. can be held liable in tort for their inaction.
c. must take disciplinary action immediately.
d. both a and b
e. none of the above
69. The Pregnancy Discrimination Act:
a. prohibits employers from requiring pregnant women to take leaves.
b. prohibits employers from cutting the pay of women who return to work after maternity leave.
c. prohibits employers from basing a promotion decision on the basis of a pregnancy or planned pregnancy.
d. does not apply to professionals.
e. all of the above
70. Religious discrimination is lawful if:
a. a church is looking for a pastor.
b. the person's religion prevented them from working a certain shift.
c. the religious beliefs will interfere with effective work.
d. none of the above
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71. Affirmative action programs:
a. are permitted only when the employer has a past history of discrimination.
b. must have quotas.
c. can be mandated by the EEOC.
d. none of the above
72. Seniority systems:
a. were outlawed under Title VII.
b. are violations of the Age Discrimination Act.
c. can be valid if they are not used to perpetuate past discrimination.
d. none of the above
73. Under Title VII, an atmosphere of harassment can exist:
a. only if the employer has received complaints.
b. only if acts of quid pro quo have occurred.
c. if the employer should have known.
d. none of the above
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74. Merit systems:
a. are valid if applicable to all employees.
b. were outlawed under Title VII.
c. are valid if sanctioned by a union.
d. none of the above
75. Aptitude tests:
a. were outlawed under Title VII.
b. are valid if related to job performance and do not result in a disparate impact.
c. are per se discriminatory.
d. none of the above
76. The statute of limitations for an employee to file an EEOC complaint for sexual harassment is:
a. 90 days. b.
180 days. c.
two years.
d. none of the above
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77. The right-to-sue letter is:
a. EEOC certification that administrative remedies have been exhausted.
b. issued by state agencies to allow the EEOC to become involved.
c. issued only if the EEOC agrees with the employee's charges.
d. none of the above
78. Which of the following is not a remedy in an EEOC action?
a. injunction
b. back pay
c. punitive damages
d. All of the above are remedies.
79. The Age Discrimination Act:
a. applies to employers with 20 or more employees.
b. applies to employees who are 40 to 75 years old.
c. is enforced by the EEOC.
d. all of the above
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80. The Rehabilitation Act of 1973:
a. applies only to employers receiving federal financial assistance.
b. is enforced by the EEOC.
c. does not apply to federal contractors.
d. a, b, and c
81. Which of the following employers are obligated to undertake affirmative action?
a. those employers who have been subject to a consent decree or court order for past charges
b. colleges and universities that receive federal funds
c. government contractors
d. all of the above
82. Which type of alleged discrimination typically has the highest number of complaints filed with the EEOC?
a. Religious
b. National origin
c. Disabilities
d. Race
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83. In a disparate impact case, who has the burden of proof in establishing disparate impact?
a. EEOC
b. defendant
c. plaintiff
d. employer
84. Which of the following is not a violation of the Pregnancy Discrimination Act?
a. providing different sick leave benefits for pregnancy than for other medical ailments
b. asking questions about family plans in an interview
c. denying unemployment benefits to a woman who has taken maternity leave and then terminated employment
d. refusing medical insurance benefits for pregnancy
85. Which of the following job interview questions would be a violation of Title VII?
a. Why did you leave your previous employment?
b. Do you have reliable child-care arrangements?
c. Would you be able to travel two days per week?
d. None of the above is a violation.
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86. Amanda Tucker, a black female, applied for a sales position in Ames Department Stores in Seattle. After
completing her application, she was asked to take a math test and a general aptitude test. Amanda was not hired
and later learned that Ames only administers the math and aptitude tests to minority applicants. Ames says that its
experience demonstrates that minority candidates do not work out well as sales clerks unless they have a minimum
score on these tests. Which of the following statements is true?
a. Ames' testing policy is a violation of Title VII.
b. Ames' testing policy is valid so long as it can substantiate the statements about the validity of the tests.
c. Ames' testing policy is valid so long as the test is consistently given to minority applicants.
d. none of the above
87. Sprago, a fine restaurant, has hired only male waiters over the past ten years. Sprago's manager says male waiters
look more professional and customers prefer male waiters to female waiters. A female who has applied for and
been denied a waiter position at Sprago in spite of her qualifications would have:
a. no cause of action since being male is a BFOQ.
b. no cause of action unless females were denied other positions in the restaurant.
c. a cause of action for sex discrimination under Title VII.
d. none of the above
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88. Title VII applies to decisions to:
a. hire.
b. promote.
c. award merit raises.
d. all of the above
89. Mary Hahn is an associate dean in the College of Engineering at a major state university. With the resignation of
the dean, Mary is perceived as a logical choice for interim dean while a search for a permanent replacement is
made. The university president tells Hahn that in spite of her experience and qualifications, he will not appoint her
as interim dean. He states that the business community supporters would not be ready to work with a woman in
that position and their financial support is critical to the college and the university. The president's actions:
a. do not violate Title VII because Mary is in a professional position.
b. do not violate Title VII because those outside the university are responsible for the decision.
c. violate Title VII.
d. none of the above
90. Which of the following employer policies would violate the Pregnancy Discrimination Act?
a. requiring pregnant employees to leave the work force at seven months
b. providing medical insurance benefits that cover all illnesses except pregnancy
c. loss of seniority upon return from pregnancy leave
d. all of the above
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91. The Americans with Disabilities Act:
a. applies only to government contractors.
b. applies to all employers.
c. prohibits the use of tests that screen out handicapped workers.
d. limits the impact of the Rehabilitation Act.
92. Which of the following questions would not be illegal under the ADA?
a. "Do you have the use of both arms?"
b. "Can you walk at all?"
c. "Are you able to lift 50 pounds of mail?"
d. All of the above would be acceptable.
93. Which of the following ads would violate Title VII?
a. "Baptist minister needed. Must be Baptist."
b. "Female LPN for personal care for elderly woman."
c. "Waiters for four-star restaurant needed."
d. All of the above violate Title VII.
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94. An atmosphere of sexual harassment:
a. is not a form of discrimination.
b. can exist through language.
c. requires proof of quid pro quo.
d. none of the above
95. Under the Lilly Ledbetter Fair Pay Act, each new paycheck triggers a new filing period.
a. 45 day
b. 90 day
c. 180 day
d. 360 day
96. The Family Medical and Leave Act:
a. provides for twelve weeks of paid leave for family medical issues.
b. applies only to birth or adoption issues.
c. is an optional federal program.
d. none of the above
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97. Which of the following employers is required to have an affirmative action program?
a. an employer under an EEOC consent decree to do so
b. a federal government contractor
c. state agency that receives federal funds
d. All of the above would be required to have affirmative action programs.
98. Which of the following would be an exception to preferential treatment?
a. a BFOQ
b. seniority or merit system
c. misconduct
d. All of the above are exceptions.
99. Which of the following remedies is not available in Title VII cases?
a. injunction
b. back pay
c. punitive damages
d. All of the above are available under Title VII.
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100. When is an employee entitled to a right-to-sue letter from the EEOC?
a. when the EEOC concludes that there has been discrimination
b. within 180 days from the time the employee filed a complaint
c. within 180 days from the time the employee filed a complaint provided the EEOC finds that there has been
discrimination
d. only when the EEOC concludes it will not take the case any further
e. none of the above
101. Which of the following is not a remedy available under Title VII?
a. back pay
b. injunctions
c. punitive damages
d. affirmative action plans
e. All of the above are remedies available under Title VII.
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102. Janice Coleman is a team leader at Jackson Equipment. She has been promoted several times over the past five
years and her performance evaluations are outstanding. One of the vice presidents at Jackson has been very
friendly to Janice and has served as her mentor. He has also been asking her to go out with him for the past 2
years. She has declined and the vice president has recently suggested that she could be an area supervisor if he
became her advocate with the management team. He has indicated he would be willing to do so if they began a
personal relationship. Janice does not agree to the relationship and is promoted to area supervisor. Janice has filed a
complaint of sexual harassment with the EEOC.
a. Janice has no case because she has been promoted.
b. Janice has a case for atmosphere of harassment.
c. Janice's employer is not responsible for the unilateral acts of its employees.
d. There is no discrimination in her promotion record.
e. none of the above
103. A suit against Wal-Mart alleges that only 14% of its store managers are women, but 70% of its hourly workers are
women and 85-90% of its customer service managers are women. What will the plaintiffs need to establish that
Wal-Mart has violated Title VII?
a. That Wal-Mart has an adequate pool from which to draw female store managers.
b. That Wal-Mart has engaged in disparate treatment.
c. That the labor market is one-half female.
d. all of the above
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104. An admissions program can consider race as a factor in admissions:
a. if there are separate admissions tracks for minorities.
b. so long as it is given greater weight.
c. if it is one of many factors.
d. both a and b
105. Which of the following would be a reasonable accommodation required by the Americans with Disabilities Act?
a. flexible or part-time scheduling
b. reassignment to a different job
c. providing readers and interpreters
d. all of the above
106. Discuss why administering a personality test to potential employees may be risky.
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107. Philbrook is a teacher employed by the Ansonia School District. He is a member of the Worldwide Church of God.
His church holds certain holy days and Philbrook has missed six school days each year for such holy days. The
teachers' union has negotiated a contract that permits the following leaves: 18 days per year for sickness (up to 180
days can be cumulated, 5 days for a family death, 1 day for a wedding, 3 days for national meetings, and 3 days for
personal leave. The contract did not allow the use of these days for other reasons. Philbrook was charged with
having taken unauthorized, unpaid leave for his six holy days. He filed an EEOC complaint. Who will win?
108. Discuss the main racial discrimination issues in the Ricci case.
109. A city has its pay structure established by classes of employees. For example, there are administrative staff and
maintenance staff. The administrative staff's pay rate is higher and employees in those jobs are nearly all white
male. The maintenance staff's rates are lower and the employees there are nearly all female. Several female
employees have brought suit challenging the pay structure as violative of Title VII. Is there a problem?
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110. Discuss Costco’s accommodation efforts in the Cloutier v. Costco case.
111. Audra Sommers, also known as Timothy Cornish, claims to be "a female with the anatomical body of a male."
Sommers (his/her preferred name) was terminated from his/her employment with Budget Marketing, Inc. because
female employees refused to use the restroom with him/her and Sommers refused to use the men's room. Budget
said there was significant disruption of the company's work routine as a result of this conflict. Sommers brought suit
alleging a violation of Title VII. Does Title VII afford protection for Sommers?
112. Janice Cohen, an MBA graduate, was interviewing for an account executive position with an insurance company.
During the course of the interview she disclosed that her husband was in the PhD program in business at the local
university. The interviewer then commented, "Well, I guess you won't be staying around here once he gets his PhD."
Janice was not hired and a male with an undergraduate degree and no experience was hired for the position.
Discuss Janice's rights under Title VII.
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113. Discuss which of the following questions would be violations of Title VII and why.
a. "So, what does your husband do?"
b. "Are you old enough to remember the Eisenhower days?"
c. "Who cares for your children while you work?"
114. Discuss the following and whether each would be a violation of Title VII.
a. Six weeks of paid leave for women upon birth of a child.
b. A strength test for a city fire department that has excluded all female applicants.
c. Paying female MBA hires a starting salary of $81,000 while paying male MBA hires only
$75,000.
115. List all the possible defenses to charges of discrimination.
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116. Describe what an employer should do when faced with a charge of sexual harassment.
117. Jane Bouvier is a computer scientist working for a state university. Her job description states that she is responsible
for the development and maintenance of the College of Business web sites. Jane was not permitted to take the
training classes that her male counterparts in other colleges in the university were permitted to take, at university
expense. Jane felt that she was falling behind without this additional training. When she raised her concern to her
supervisor she was told that she would have to pay for the training herself. Discuss whether Jane’s treatment is a
violation of any federal antidiscrimination laws.
118. Under the Lilly Ledbetter Act, how much time do victims of discrimination have to file suit on their allegations?
a. 180 days
b. 180 days from the first discriminatory event
c. 180 days from the time they learn of the discriminatory event
d. Three years from the time of the first event
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119. Alice is a 55-year-old program developer who works at Acute Health Care. She is responsible for developing
training programs for the company. Her supervisor has said to her, “Isn’t it about time for you to retire? and then
added, “You really cant understand the Millennials and how they work on computers you wont be able to get
these programs right. After these remarks, Alice inflated her travel expenses and was fired because lying on
expense forms is a fireable offense under the company’s handbook. Alice has filed suit for discrimination. What is
Acute’s best defense?
a. That age remarks are not a form of discrimination.
b. That Alice was fired for cause.
c. Acute has no defense because the supervisor's comments were per se discriminatory.
d. Acute cannot use something that happened after the discrimination as a defense, so the travel expense
problem is not a defense.

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