43) The Rehabilitation Act prohibits discrimination against disabled workers who are employed
by certain government contractors and subcontractors and organizations that receive federal
grants in excess of $100,000.
44) The Equal Employment Opportunity Commission administers the Rehabilitation Act of
1973.
45) The Pregnancy Discrimination Act prohibits discrimination in employment based on
pregnancy, childbirth, or related medical conditions.
46) The 1986 Immigration Reform and Control Act (IRCA) established criminal and civil
sanctions against employers who knowingly hire unauthorized aliens.
47) The Americans with Disabilities Act Amendments Act of 2008 limits the definition of
“disability,” so that fewer applicants and employees are eligible for reasonable accommodations.
48) What is the purpose of the EEOC? What is the relationship between Title VII and the
EEOC?
49) Lisa believes she has been discriminated against by her employer and intends to file charges
with the EEOC. Lisa must file the discrimination charges within ________ days of the alleged
act; however, the time is extended to ________ days if a state or local agency becomes involved
in the case.
A) 50; 100
B) 100; 200
C) 150; 300
D) 180; 300
50) Denise, an accounts manager for a restaurant chain, has filed a discrimination charge with
the EEOC. What is the most likely next step in the EEOC process?
A) EEOC conducts an investigation.
B) EEOC attempts a no–fault settlement.
C) EEOC recommends proceeding with litigation.
D) EEOC attempts to reach a conciliation between the parties.
51) The most common complaint brought to the Equal Employment Opportunity Commission
(EEOC) are charges of discrimination based on ________.
A) sex
B) age
C) retaliation
D) disability
52) Which two groups have the primary responsibility to ensure equal employment opportunity?
A) government agencies (Department of Labor and EEOC) and employees
B) government agencies (Department of Labor and OFCCP) and employers
C) government agencies (EEOC and OFCCP) and employees
D) government agencies (EEOC and OFCCP) and employers
53) After the EEOC has completed its investigation, what will it issue?
A) a substantial fine to the employer if probable cause is found
B) a probable cause or a no probable cause statement
C) a mandate to file a discrimination claim in a court of law if probable cause is found
D) a mandate that the employer provide training to managers and supervisors to prevent illegal
employment discrimination
54) In the event that the EEOC issues a probable cause statement in response to a claim of
employment discrimination, the next step involves ________.
A) requiring that the employer provide affected employee(s) with a monetary award
B) a review for litigation potential
C) attempted conciliation
D) fining the employer
55) Most EEOC charges are settled through a no–fault settlement.
56) Which Supreme Court decision upheld that the company discriminated against two white
workers who filed a claim of discrimination because they were terminated, but not a black
employee, who was also accused of misappropriating company property?
A) Phillips v. Martin Marietta Corporation
B) McDonald v. Santa Fe Trail Transportation Company
C) Espinoza v. Farah Manufacturing Company
D) Weber v. Kaiser Aluminum and Chemical Corporation
57) Adverse impact is said to occur if women and minorities are not hired at the rate of at least
________ of the best-achieving group.
A) 90 percent
B) 51 percent
C) 80 percent
D) 30 percent
58) Assuming that adverse impact is shown, what are the two avenues available to employers if
they still desire to use a particular selection standard?
A) validation of a selection test, establishing a bona fide occupational qualification (BFOQ)
B) validation of a selection test, establishing that the employer did not intend to illegally
discriminate against employees
C) validation of a selection test, establishing business necessity
D) none of the above
59) The Uniform Guidelines adopted a ________ approach in assessing whether a firm’s
employment practices are discriminatory.
A) process fairness
B) bottom-line
C) distributive fairness
D) compensatory
60) According to the Uniform Guidelines, any instrument or procedure used in the selection
decision is considered a(n) ________.
A) disparate tool
B) appraisal
C) necessity
D) test
61) As an HR manager, which of the following would most likely help you make legal
employment decisions?
A) NACElink Network
B) Job Analysis Software
C) Uniform Guidelines
D) Shared Service Center
62) What term means that an employer treats some people less favorably than others because of
race, religion, sex, national origin, or age?
A) adverse impact
B) disparate treatment
C) overt discrimination
D) unintentional discrimination
63) Prior to the issuance of the Uniform Guidelines, the only way to prove job relatedness was
through ________.
A) test validation
B) adverse impact
C) four–fifths rule
D) court litigation
64) According to the Uniform Guidelines, test validation is essential only when selection devices
produce ________.
A) adverse impact
B) systemic discrimination
C) racial discrimination
D) disparate treatment
65) Which of the following occurs if women and minorities are NOT hired at the rate of at least
80 percent of the best achieving group of applicants?
A) disparate treatment
B) negligent hiring
C) geocentric staffing
D) adverse impact
66) Adverse impact is determined through application of ________.
A) affirmative action programs
B) the four–fifths rule
C) previous court decisions
D) EO 11246.
67) During 2010, 400 people were hired for a particular job. Of the total, 300 were white and 100
were black. There were 1,500 applicants for these jobs, of whom 1,000 were white and 500 were
black. Compute for adverse impact. Does adverse impact exist?
A) .76, Yes
B) .85, No
C) .66, Yes
D) .89, No
68) Elway Tire Company is a large manufacturing firm based in Texas. The highly diverse
workforce at Elway requires the HR managers to ensure that all employment practices comply
with local, state, and federal laws. Elway is expanding its operations and has recently hired 400
new technicians, of whom 300 were white and 100 were Hispanic. There were 1,500 qualified
applicants for the jobs, of whom 1,000 were white and 500 were Hispanic. The HR manager
needs to determine if adverse impact exists. Which of the following is a TRUE statement given
the facts provided?
A) Whites and Hispanics were determined to be equally achieving.
B) Whites were determined to be adversely impacted in hiring.
C) Hispanics were determined to be the least–achieving group.
D) Hispanics were determined to be the best–achieving group.
69) Elway Tire Company is a large manufacturing firm based in Texas. The highly diverse
workforce at Elway requires the HR managers to ensure that all employment practices comply
with local, state, and federal laws. Elway is expanding its operations and has recently hired 400
new technicians, of whom 300 were white and 100 were Hispanic. There were 1,500 qualified
applicants for the jobs, of whom 1,000 were white and 500 were Hispanic. The HR manager
needs to determine if adverse impact exists. Which of the following is a TRUE statement given
the facts provided?
A) Both adverse impact and disparate treatment exist.
B) Adverse impact cannot be determined.
C) Adverse impact does not exist.
D) Adverse impact exists.
70) In 1998, President Bill Clinton included ________ as a protected class in government
executive orders.
A) ethnicity
B) disabilities
C) sexual orientation
D) religion
71) President Bill Clinton amended Executive Order 11478 by adding ________ to the list of
protected classes.
A) age
B) sexual orientation
C) disabilities
D) genetic predisposition for disabilities
72) Executive Order 11478 is most like which of the following laws?
A) Title II of the Americans with Disabilities Act
B) Title VII of the Civil Rights Act of 1964
C) Title VII of the Civil Rights Act of 1991
D) Title I of the Genetic Information Nondiscrimination Act
73) The Office of Federal Contract Compliance Programs (OFCCP) is very specific about what
should be included in a(n) ________.
A) affirmative action plan
B) non discrimination statement
C) hiring plan
D) OFCCP report on selection tests
74) Which term refers to a directive issued by the president that has the effect of a Congressional
law?
A) presidential citation
B) executive order
C) executive mandate
D) administrative directive
75) Which Executive Order amended EO 11246 and changed the word “creed” to “religion” and
added sex discrimination to the other prohibited items?
A) EO 11838
B) EO 10988
C) EO 11375
D) EO 11102
76) Affirmative action programs involve hiring women or minorities ________.
A) in equal numbers
B) according to local and state quotas
C) according to existing Executive Orders
D) in proportion to their representation in the relevant labor market
77) Federal laws require firms to implement affirmative action programs, which are monitored
by the EEOC.
78) One or more jobs that have similar content, wage rates, and opportunities is known as a job
group.
79) France considers a hostile environment as the only basis for sexual harassment claims.
80) The Uniform Guidelines provide a single set of principles to assist employers in complying
with federal prohibitions against discriminatory employment practices.
81) Adverse impact occurs if women and minorities are not hired at the rate of at least 80 percent
of the best-achieving group.
82) How can age be a BFOQ? Provide specific examples in your answer.
83) In a brief essay, explain the concepts of disparate treatment and adverse impact.
84) What is the difference between diversity management and affirmative action?
85) Which case established that firms may not require preemployment medical examinations
before making hiring decisions?
A) Noe v. Delta Airlines
B) Premeaux v. Continental Airlines
C) Leonel v. American Airlines
D) Phelps v. Northwest Airlines
86) You are a human resource manager with a large manufacturing firm. Yesterday, you heard
one of your recruiters ask an applicant the following question: “What previous medical
conditions have you experienced?” Would this be an employment standard to avoid? If this is an
employment standard to avoid, what law or court decision is it based on?
A) No, Weber v. Kaiser Aluminum and Chemical Corporation
B) Yes, Age Discrimination in Employment Act
C) Yes, Civil Rights Act of 1991
D) Yes, American with Disabilities Act
87) How many modified changes were made to the Uniform Guidelines since they were
published in 1978?
A) 3
B) 5
C) 1
D) 2
88) Quid pro quo represents a type of ________ discrimination.
A) age
B) sexual orientation
C) sex
D) disabilities
89) What are the fundamental principles of the Faragher v. City of Boca Raton and Burlington
Industries, Inc. v. Ellerth cases in the realm of sexual harassment?
A) Employers are not liable for the acts of their supervisors, regardless of whether the employer
is aware of the sexual harassment act.
B) Employers are totally liable for the acts of their supervisors only when the employer is aware
of the sexual harassment act.
C) Employers are liable for the acts of their supervisors, even if there was not intent to engage in
sexual harassment.
D) Employers are totally liable for the acts of their supervisors, when it involves a tangible
employment action.