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True / False
1. The payroll method is used to determine the number of employees for coverage of Title VII.
a. True
b. False
2. Labor unions with at least fifteen members are subject to Title VII.
a. True
b. False
3. A situation where an employee is treated differently from others due to race, color, religion, gender or national origin is
disparate impact.
a. True
b. False
4. Content validity is a means of isolating and testing for specific traits or characteristics that are deemed essential for job
performance.
a. True
b. False
5. Criterion-related validity is a method of demonstrating that an employment selection device reflects the content of a job
for which employees are being selected.
a. True
b. False
6. Seniority, or the length of service on the job, is frequently used to determine entitlement to employment benefits,
promotions, or transfers, and even job security itself.
a. True
b. False
7. Title VII only applies to minorities and females.
a. True
b. False
8. Title VII requires an employer to enact affirmative action plans.
a. True
b. False
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9. Affirmative action programs in employment involve giving some kind of preference in hiring or promotion to qualified
female or minority employees.
a. True
b. False
10. Remedial affirmative action designed to remedy the effects of past illegal discrimination has not been endorsed by the
courts.
a. True
b. False
11. The Four-Fifths Rule, is a mathematical formula developed by the EEOC to demonstrate disparate impact of a facially
neutral employment practice on selection criteria.
a. True
b. False
12. A labor union that operates a hiring hall is covered by Title VII without reference to total membership.
a. True
b. False
13. Title VII regulations and guidelines do not require that employers, unions, and employment agencies post EEOC
notices summarizing the act’s requirements.
a. True
b. False
14. Title VII is administered by the Equal Employment Opportunity Commission (EEOC), a five-member commission
appointed by the president that works with the commission’s Office of General Counsel.
a. True
b. False
15. Section 706(e)(2) added to Title VII by the 1991 amendments, does not address the time limits for a challenge to a
seniority system that allegedly is used intentionally to discriminate in violation of Title VII.
a. True
b. False
Multiple Choice
16. A method of demonstrating that an employment selection device reflects the content of the job for which employees
are being selected is:
a. constructive validity.
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b. content validity.
c. disparate impact.
d. criterion-related validity.
17. When an employee is treated differently from others due to race, color, religion, gender, or national origin it amounts
to:
a. four-fifths treatment rule.
b. seniority.
c. disparate impact.
d. disparate treatment.
18. An exception to this civil rights law that allows an employer to hire employees of a specific gender when business
necessity requires it is:
a. disparate impact.
b. disparate treatment.
c. bona fide occupational qualification.
d. criterion-related validity.
19. A mathematical formula developed by the EEOC to demonstrate disparate impact of a facially neutral employment
practice on selection criteria is:
a. the four-fifths rule.
b. disparate treatment.
c. disparate impact.
d. content validity.
20. The programs in employment that involve giving some kind of preference in hiring or promotion to qualified female
or minority employees is a/an:
a. segregation treatment.
b. four-fifth’s treatment.
c. affirmative action.
d. criterion-related activity.
21. Title VII is administered by the:
a. Securities and Exchange Commission.
b. Department of Justice.
c. Supreme Court.
d. Equal Employment Opportunity Commission.
22. A method of demonstrating that an employment selection device that selects employees based on the traits and
characteristics that are required for the job in question is called:
a. construct validity.
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b. seniority.
c. content validity.
d. affirmative action.
23. A method of demonstrating that an employment selection device correlates with the skills and knowledge required for
successful job performance is called:
a. construct validity.
b. content validity.
c. disparate impact.
d. criterion-related validity.
24. The suggestion that disparate impact should be measured only at the ______ ignores the fact that Title VII guarantees
these individual respondents the opportunity to compete equally with white workers on the basis of job-related criteria.
a. instance when the matter is dragged to court
b. time of discrimination.
c. bottom line
d. top line
25. Which case held that the “payroll method” is the appropriate method to determine the number of employees for
purposes of Title VII coverage?
a. Lanning v. Southeastern Pennsylvania Transportation Authority
b. United States v. Nixon
c. Connecticut v. Teal
d. Walters v. Metropolitan Educational Enterprises, Inc.
26. The pass rate in Duke Power Company for the African American employees who took the Wonderlic Personnel Test
and the Bennett Mechanical Comprehension Test was:
a. 12 percent.
b. 8 percent.
c. 6 percent.
d. 10 percent.
27. In EEOC v. Dial Corp., after the Work Tolerance Screen (WTS) was adopted:
a. the percentage of new female hires declined.
b. the percentage of new female hires significantly increased.
c. the percentage of new hires from minority groups declined.
d. the percentage of new male hires significantly declined.
28. In Clackamas Gastroenterology Associates, P.C. v Wells, the court discussed whether managing directors or
physician-shareholders of professional corporations are employees for the purposes of determining coverage under:
a. disparate impact.
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b. content validity.
c. construct validity.
d. Title VII.
29. In International Brotherhood of Teamsters v. United States, the seniority system was established between:
a. employee and the union.
b. employer and the union.
c. employee and the employer.
d. both employer-employee and employee-union.
30. Title VII is administered by:
a. the Equal Employment Opportunity Commission.
b. the Supreme Court.
c. the Department of Labor.
d. None of these answers.
31. In University and Community College System of Nevada v. Farmer, in order to remedy the racial imbalance, the
University of Nevada instituted the:
a. minority bonus policy.
b. Wonderlic Personnel Test.
c. Bennett Comprehension Test.
d. Negative Role Model policy.
32. In a manufacturing company, promotions were based on seniority. The company instituted a policy of high school
education, and two aptitude tests were held for the selection of employees. All employees who had high school diplomas
appeared for the test. The pass rate of the white employees was 85 percent while the pass rate for African American
employees was 14 percent. The African American employees brought a law suit against the company in the District court
alleging that this violated Title VII of the Civil Rights Act of 1964. Based on the above information, it is most likely that
the District Court held that:
a. the company did not violate the Title VII Act.
b. the company violated the Title VII Act.
c. the company had the right to discriminate against African American employees.
d. the company was unfair in administering the test.
33. In Equal Employment Opportunity Commission (EEOC) v. Dial Corp, the trial court held that:
a. Dial was not in violation of Title VII.
b. the Work Tolerance Screen (WTS) had a discriminatory effect on female applicants.
c. Dial had demonstrated that the WTS was a business necessity and had shown criterion validity.
d. Dial had effectively controlled for other variables that may have caused the decline in injuries.
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34. A teacher who is required to possess the attribute of “patience,” or an executive who is required to possess qualities of
“leadership” are being measured based on:
a. content validity.
b. criterion-related validity.
c. construct validity.
d. validity logic.
35. Christopher, a white employee was excluded from a training program that imparted specialized skills required for his
role. Under the voluntary affirmative action program, 50 percent of the spaces in the training program were reserved for
minority employees while the remaining 50 percent was based on seniority. While Christopher was not senior enough to
qualify for the seniority-based seats, he did have more seniority than several of the minority employees admitted under the
affirmative action program. Christopher filed a suit against the employer and the union with EEOC arguing that excluding
him from the training program while admitting less senior employees was race discrimination prohibited by Title VII.
Based on the above information, it is likely the decision ruled in favor of:
a. Christopher.
b. the organization.
c. the black employees.
d. both the organization and the black employees.
36. In University and Community College System of Nevada v. Farmer, the University was sued because:
a. Makoba the black male emigrant was offered a salary well below the advertised salary range.
b. Yvette Farmer was given preference over Makoba though she was not suitably qualified.
c. Farmer alleged that because of the University’s affirmative action plan they hired a black male (Makoba) despite
the fact that she was better qualified.
d. Both Makoba and Farmer were hired for similar positions but Makoba’s salary was significantly lower than
Farmer’s annual pay.
37. Disparate Treatment is when an employee is treated differently from others due to:
a. race.
b. national origin.
c. religion.
d. All of these answers.
38. In several cases decided shortly after the adoption of Title VII, courts held that departmental seniority systems that
operated to deter minority employees from transferring out of low-paying or inferior jobs:
a. were in violation of Title VII.
b. were not in violation of Title VII.
c. were based on the 1991 amendment to Title VII.
d. did not perpetuate the effects of prior discrimination.
39. Robin works as a human resource manager for Banes & Obel. The company asks Robin to ensure that all suitable
candidates including women and minorities are interviewed for open positions, but instructs her to not hire any minority
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applicants. When Robin reminds her supervisor that Title VII prohibits race discrimination she finds herself being
removed from the interview process and all tasks related to the hiring process. In the above case, Banes & Obel:
a. has not violated Title VII since there was no discrimination during the interview process.
b. has not violated Title VII if they can prove the open positions in the organization were not suitable for minority
candidates.
c. has clearly violated Title VII by instructing Robin to not hire minority applicants.
d. has not violated Title VII since Robin is no longer part of the decision-making process.
40. A telephonic marketing firm is looking at establishing themselves in Florida. Because of the nature of its work, the
firm decides to hire only people who speak fluent English and not to hire any person who has a noticeable accent or, in the
words of the marketing manager, “who have any native influences to their accent.” The company’s hiring policy:
a. supports Title VII.
b. cannot fall under Title VII.
c. clearly violates Title VII.
d. does not violate Title VII.
41. At Your Home, a service provider offers healthcare assistance for elderly or disabled persons at their place of
residence. Since most of the clients require total physical care including assistance to get dressed or move around the
house, At Your Home screens applicants for employment by using a strength test. The applicants must be able to lift a
dummy weighing 175 pounds. The strength test disqualifies most female applicants, as well as a majority of Asian male
applicants. To avoid violation of Title VII, At Your Home should use:
a. construct validity.
b. content validity.
c. criterion-related validity.
d. both construct and content validity.
42. In Price Waterhouse v. Hopkins, the Supreme Court held that:
a. a plaintiff need to demonstrate and prove that the defendant used multiple prohibited factors (race, color, gender,
religion, or natural origin) as a motive for an employment action.
b. the plaintiff’s demonstration for a “mixed motive” situation can only be made by circumstantial evidence.
c. if an employer has considered an illegal factor under Title VII (race, sex, color, religion, or national origin) in
making an employment decision, the employer must demonstrate that it would have reached the same decision if it had
not considered the illegal factor.
d. the employer violates Title VII when an illegal factor is considered, even though there may have been other
factors also motivating the decision or practice.
43. Which section of Title VII prohibits retaliation by the employer against employee because that person opposed any
practice that is prohibited by Title VII?
a. Section 707(h)
b. Section 704(a)
c. Section 706(g)(2)(b)
d. Section 703(a) and (d)
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44. The Thompson v. North American Stainless, LP. case focuses on:
a. content validity.
b. retaliation in violation of Title VII.
c. seniority.
d. gambling.
45. Title VII of the Civil Rights Act of 1964 took effect in which year?
a. 1964
b. 1963
c. 1966
d. 1965
46. In Walters v. Metropolitan Educational Enterprises, Inc., the Supreme Court held that the ______ was used to
determine the number of employees for coverage of Title VII.
a. “payroll method”
b. “statistical method“
c. content validity
d. construct validity
47. Which of the following statement pertains to criterion-related validity?
a. It is a means of measuring whether the requirement or test actually evaluates abilities required on the job.
b. The specific traits or constructs for the test may be based on observations but cannot be measured directly.
c. It concerns the statistical correlation between scores received on tests and job performance.
d. It is a means of isolating and testing for specific traits or characteristics that are deemed essential for job
performance.
48. The Supreme Court held that a plaintiff must “offer statistical evidence of a kind and degree sufficient to show that the
practice in question has caused the exclusion of applicants for jobs or promotions because of their membership in a
protected group” in the case of:
a. International Brotherhood of Teamsters v. United States.
b. Watson v. Fort Worth Bank & Trust.
c. Connecticut v. Teal.
d. United Steelworkers of America v. Weber.
49. ______ compares the selection rates (the rates at which applicants meet the requirements or pass the test) for the
various protected groups under Title VII.
a. Four-Fifths Rule
b. Bona fide occupational qualification
c. Criterion-related validity
d. Disparate treatment
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50. The regulation that was adopted by the EEOC and other federal agencies that provide for methods of demonstrating a
disparate impact and for validating employee selection criteria is the:
a. the Model Employment Act.
b. Civil Disabilities Act.
c. Title VII of the Civil Rights Acts
d. Uniform Guidelines on Employee Selection.
Subjective Short Answer
51. Who does Title VII of the Civil Rights Act of 1991 cover?
52. How is an employer defined under the Title VII of the Civil Rights Act of 1991?
53. What is bona fide occupational qualification?
54. List the three classifications of standards developed by the American Psychological Association for validating job
requirements.
55. Define construct validity.
56. What do affirmative action programs usually involve?
57. What were the two amendments added to Title VII in 1991?
58. Described the practice of race-norming.
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59. The equal employment opportunity legislation prohibits discrimination based on what criteria?
60. How is seniority defined under Title VII?
Essay
61. Explain the four-fifths rule.
62. Can the use of the seniority system for employment decisions be protected under Title VII? Provide an illustration for
your answer.
63. The Uniform Guidelines set out standards for demonstrating test validity. How are the standards classified and how do
they relate to job requirements?
64. The Supreme Court decision in Adarand Constructors, Inc. v. Pena held that government affirmative action programs
must be justified under the strict scrutiny test and that the court would examine such justifications closely. Elucidate.
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65. Write a short note on retaliation under Title VII.