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Chapter 2 – The Legal Environment
1. The Civil Rights Act of 1991 was passed as a direct amendment of Title VII of the Civil Rights Act of 1964.
a. True
b. False
2. Both AIDS and HIV are not covered under the Americans with Disabilities Act.
a. True
b. False
3. The Equal Pay Act defines equality in terms of skill, responsibility, effort, and working conditions.
a. True
b. False
4. The Equal Employment Opportunity Commission and the National Labor Relations Board are the two primary
regulatory agencies for enforcing employment legislation.
a. True
b. False
5. Disparate treatment occurs when two groups of people are treated differently in different situations based on a protected
characteristic.
a. True
b. False
6. Customer preference can never be the basis of a bona fide occupational qualification (BFOQ).
a. True
b. False
7. The Drug-Free Workplace Act of 1988 exempts federal contractors and government employees from the provisions of
the act.
a. True
b. False
8. The Pregnancy Discrimination Act specifies that a woman can be refused a promotion if she has had an abortion.
a. True
b. False
9. The Equal Employment Opportunity Commission passed Title VII of the Civil Rights Act of 1964.
a. True
b. False
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Chapter 2 – The Legal Environment
10. Sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual
advances in the work environment.
a. True
b. False
11. The _____ established, for the first time, the workweek in the United States as 40 hours per week.
a. Fair Labor Standards Act of 1938
b. Labor Management Relations Act of 1947
c. Occupational Safety and Health Act of 1970
d. Worker Adjustment and Retraining Notification Act of 1988
12. The _____ prohibits employers from collecting information about an employee’s family history of disease.
a. Confidentiality of Medical Information Act
b. Family and Medical Leave Act
c. Americans with Disabilities Act
d. Genetic Information Nondiscrimination Act
13. _____ states that a condition like race, sex, or other personal characteristic legitimately affects a person’s ability to
perform the job, and therefore can be used as a legal requirement for selection.
a. The exclusionary rule
b. A quid pro quo approach
c. The four-fifths rule
d. A bona fide occupational qualification
14. In the context of court decisions in the late 1990s, charges of _____ stem from the belief by white males that they have
suffered because of preferential treatment given to other groups.
a. reverse discrimination
b. pattern discrimination
c. disparate treatment
d. disparate impact
15. A construction company provides employees working at construction sites with hard hats. It also provides them with
coveralls so that workers do not come into direct contact with any harmful materials. These measures taken by the
company are in compliance with the _____.
a. Worker Adjustment and Retraining Notification Act
b. Taft-Hartley Act
c. Landrum-Griffin Act
d. Occupational Safety and Health Act
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Chapter 2 – The Legal Environment
16. The second step in the regulation process of human resource management in the United States is the:
a. enforcement of regulations.
b. modification of national regulations.
c. creation of new regulations.
d. implementation of regulations.
17. _____ exists when individuals in similar situations are regarded differently based on the individual’s race, color,
religion, sex, national origin, age, or disability status.
a. Disparate impact discrimination
b. Retaliation
c. Disparate treatment discrimination
d. Reverse discrimination
18. Which of the following statements is an argument against drug-testing programs?
a. They test employees for alcohol use, which is not illegal.
b. They are applicable only in organizations regulated by the Nuclear Regulatory Commission.
c. They are not widespread despite the hard evidence addressing their effectiveness.
d. They are inappropriate in cases without a reasonable basis for suspected drug use.
19. A local furniture company routinely hires younger workers over older applicants because much of the work requires
heavy lifting and good mobility. In this case, the company:
a. needs to show that the job requirements are a business necessity.
b. can be sued for illegal discrimination by a rejected applicant.
c. violates the Lilly Ledbetter Fair Pay Act of 2009.
d. justifies its policy based on Executive Order 11478.
20. Which of the following statements is true of the Taft-Hartley Act?
a. It was passed to reduce the use of illegal drugs in the workplace.
b. It establishes a minimum hourly wage for jobs.
c. It is enforced by the National Labor Relations Board.
d. It was passed by Congress in 1959 to counter the Landrum-Griffin Act.
21. Which of the following statements is true of the Pregnancy Discrimination Act of 1979?
a. It was passed in part to remedy weaknesses in the Family and Medical Leave Act.
b. It denied the exemptions provided to women under the Wagner Act of 1935.
c. It established a commission to investigate practices that limited the access of women to the top levels of
management in organizations.
d. It specified that a woman cannot be refused a job or promotion or fired simply because she has had an abortion.
22. Which of the following statements is true of sexual orientation discrimination?
a. It is not prohibited by any federal law.
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Chapter 2 – The Legal Environment
b. It is prohibited by the Defense of Marriage Act of 1996.
c. The Fair Labor Standards Act prohibits this discrimination in both public- and private-sector jobs.
d. Federal employees are not protected against this discrimination.
23. Which of the following companies engages in reverse discrimination?
a. A parcel service company that hires more white males than African Americans
b. A music production company that does not promote employees who are overweight
c. An investment firm that discontinues its paternity leave policy and increases the number of maternity leaves
d. A construction company that employs only male civil engineers because of the hazardous nature of the job
24. Which of the following is a similarity between the Taft-Hartley Act and Landrum Griffin Act?
a. Both apply primarily to organizations regulated by the Department of Transportation.
b. Both ensure that employees would be able to receive at least some pension benefits at the time of retirement or
even termination.
c. Both regulate union actions and their internal affairs in a way that puts them on an equal footing with
management and organizations.
d. Both are enforced by the Equal Employment Opportunity Commission.
25. The _____ has the power to apply the standards of the Occupational Safety and Health Act of 1970 (OSHA) and
enforce its provisions.
a. Department of Justice
b. Office of Federal Contract Compliance Procedures
c. Department of Labor
d. Equal Employment Opportunity Commission
26. Gantos Corp., an international publication house, has a policy wherein it provides 12 weeks of unpaid leave to new
mothers. Moreover, the company covers the employee’s medical expenses during the leave to allow them to have first-
class maternal and child care facilities. In this scenario, the policy at Gantos Corp. complies with the _____.
a. Small Necessities Leave Act of 1998
b. Americans with Disabilities Act of 1990
c. Family and Medical Leave Act of 1993
d. Pregnancy Discrimination Act of 1979
27. Which of the following statements is true of the Privacy Act of 1974?
a. It applies directly to federal employees only, but it has served as the impetus for several state laws.
b. It prohibits employers from using urinalysis, which is the most invasive method of drug testing on the job.
c. It applies solely to federal contractors and subcontractors receiving $2,500 or more as loans from the federal
government.
d. It allows employers to monitor the behavior of employees outside of work.
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Chapter 2 – The Legal Environment
28. _____ suggests that disparate impact exists if a selection criterion results in a selection rate for a protected class that is
less than 80 percent of that for the majority group.
a. The McDonnell-Douglas theory
b. The four-fifths rule
c. A quid pro quo approach
d. A bona fide occupational qualification
29. Who among the following is subject to the regulations of the Drug-Free Workplace Act of 1988?
a. Holly, who is a fashion designer and runs her own line of garments
b. Carla, who works as a senior accountant at a private law firm
c. Brett, who is a truck driver and transports armaments to military bases
d. Allen, who works as a bartender in a famous pub
30. The Americans with Disabilities Act (ADA) defines a disability as:
a. a record of having a mental or physical impairment that limits one or more major life activities.
b. a problem related to obesity that limits the efficiency of people.
c. a cognitive impairment that does not affect any major life activities.
d. a hereditary substance-abuse problem that prevents people from being sober.
31. _____ states that it is illegal for an employer to fail or refuse to hire, to discharge any individual, or to discriminate in
any other way against any individual with respect to any aspect of the employment relationship on the basis of that
individual’s race, color, religious beliefs, sex, or national origin.
a. The Labor Management Relations Act of 1947
b. Title VII of the Civil Rights Act of 1964
c. Title 29 of the National Labor Relations Act of 1935
d. The Fair Labor Standards Act of 1938
32. The _____ was passed in 1935 in an effort to control and legislate collective bargaining between organizations and
labor unions.
a. Taft-Hartley Act
b. Employee Free Choice Act
c. Wagner Act
d. Fair Labor Standards Act
33. The _____ oversees and enforces all regulations of the Vocational Rehabilitation Act of 1973.
a. National Labor Relations Board
b. Equal Employment Opportunity Commission
c. Office of Federal Contract Compliance Procedures
d. Office of the Federal Register
34. Quid pro quo harassment typically involves:
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Chapter 2 – The Legal Environment
a. asking sexual favors in exchange for something of value.
b. making off-color jokes and passing lewd sexual comments about a particular gender.
c. decorating the workplace with inappropriate photographs to create a hostile work environment.
d. making inappropriate nonverbal gestures, such as ogling and winking at female colleagues.
35. Which of the following statements is true of a business necessity?
a. It is a practice that is important for the safe and efficient operation of a business.
b. A condition such as race or sex does not affect a person’s ability to perform the job and therefore can never be
used as a business necessity.
c. A business necessity cannot be used to claim a bona fide occupational qualification.
d. It is used as the basis for establishing a prima facie case of disparate impact discrimination against an
organization.
36. The _____ requires that all federal agencies, as well as federal contractors and subcontractors receiving more than
$2,500 a year from the federal government, engage in affirmative action for disabled individuals.
a. Occupational Safety and Health Act of 1970
b. Union Relief Act of 2009
c. Vocational Rehabilitation Act of 1973
d. Family and Medical Leave Act of 1993
37. The Family and Medical Leave Act (FMLA) of 1993 was amended in 2009 with the passage of the _____, which
mandates emergency leave for all covered active-duty members.
a. Military Commissions Act
b. Small Necessities Leave Act
c. Uniting American Families Act
d. Supporting Military Families Act
38. The rationale for the _____ was to ensure that everyone who works would receive an income sufficient to meet basic
needs.
a. Vocational Rehabilitation Act of 1973
b. National Labor Relations Act of 1935
c. Fair Labor Standards Act of 1938
d. Equal Pay Act of 1963
39. Addison Inc., a waste management company with over 500 employees, wanted to close one of its plants because of a
slump in its business. The closing was announced by the company managers on April 1. The plant was closed 60 days
after this announcement. In this case, the company conformed to the stipulations of the _____.
a. Fair Labor Standards Act
b. Labor Management Relations Act
c. Occupational Safety and Health Act
d. Worker Adjustment and Retraining Notification Act
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Chapter 2 – The Legal Environment
40. Which of the following is a similarity between the Equal Employment Opportunity Commission (EEOC) and the
Office of Federal Contract Compliance Procedures (OFCCP)?
a. Both jointly developed the uniform guidelines on employee-selection procedures.
b. Both are the primary regulatory agencies for enforcing equal employment legislation.
c. Both have the power to enforce the provisions of the Occupational Safety and Health Act of 1970.
d. Both were created by the National Labor Relations Act of 1935.
41. In the context of regulations for federal contractors, Executive Order 11478 requires:
a. written affirmative action plans from organizations with contracts lower than $50,000.
b. the federal government to base all employment policies and decisions on merit and fitness.
c. federal contractors that receive more than $2,500 a year from the government to engage in affirmative action for
disabled individuals.
d. employers with more than fifty employees to provide as many as 12 weeks of unpaid leave for employees after
the birth of a child.
42. Which of the following statements is true of a bona fide occupational qualification?
a. It does not justify the use of legitimate practices to treat members of different groups differently.
b. It justifies discrimination against applicants on the basis of customer or client preference.
c. It permits an employer to discriminate against applicants on the basis of sex for business necessities.
d. It cannot be used by employers to discriminate against applicants on the basis of age.
43. Which of the following laws allows law enforcement agencies to carry out investigations of potential terrorists without
having to inform the targets of those investigations?
a. The Taft-Hartley Act
b. The Landrum-Griffin Act
c. The WARN Act
d. The PATRIOT Act
44. Which of the following is a similarity between the Equal Employment Opportunity Commission and the U.S. Civil
Service Commission?
a. Both were created by the Equal Pay Act of 1963.
b. Both developed the uniform guidelines on employee-selection procedures.
c. Both enforce and oversee all the regulations specific to federal agencies.
d. Both have the power to enforce the provisions of the Occupational Safety and Health Act of 1970.
45. Employees at Border Bookstores, a chain of bookstores, recently held a strike to force their employer to negotiate a
labor contract. They demanded higher wages and eight sick leaves in a year instead of the three that they were given. In
this context, the _____ gave the employees of Border Bookstores the power to collectively bargain with the organization.
a. Norris-La Guardia Act
b. National Labor Relations Act
c. Occupational Safety and Health Act
d. Fair Labor Standards Act
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Chapter 2 – The Legal Environment
46. The _____ of 1974 guarantees a basic minimum benefit that employees could expect to be paid at retirement.
a. Retirement Equity Act
b. National Labor Relations Act
c. Employee Retirement Income Security Act
d. Fair Labor Standards Act
47. In the context of equal employment opportunity legislation, the _____ established a commission to investigate
practices that limited the access of protected class members, especially women, to the top levels of management in
organizations.
a. Labor Management Relations Act
b. Equal Pay Act
c. Glass Ceiling Act
d. Fair Labor Standards Act
48. Jeffrey Inc., an animation company, asks job applicants to fill out a form requesting information about any hereditary
illness or health conditions experienced by the applicants or their family members. In this context, Jeffrey Inc. is violating
the _____.
a. Genetic Information Nondiscrimination Act
b. Americans with Disabilities Act
c. Confidentiality of Medical Information Act
d. Worker Adjustment and Retraining Notification Act
49. The definition of labor market is a major issue in resolving lawsuits brought under _____ suits.
a. pattern discrimination
b. retaliation
c. disparate impact
d. disparate treatment
50. Which of the following statements is true of the Worker Adjustment and Retraining Notification Act of 1988?
a. It is applicable even in unforeseeable circumstances such as a government-enforced shutdown.
b. It requires employers with more than 50 employees to provide wages for up to 12 weeks in case of temporary
closure of facilities.
c. It provides for warnings about pending reductions in work hours.
d. It states that a firm with at least 50 employees must provide notice at least 30 days in advance of plans to close a
facility.
51. To establish a prima facie case of discrimination based on the McDonnell-Douglas test, a job applicant should be:
a. a member of an unprotected class.
b. unemployed at the time of the interview.
c. less than 35 years of age.
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Chapter 2 – The Legal Environment
d. qualified for the job for which he or she applied.
52. The Family and Medical Leave Act (FMLA) of 1993:
a. does not apply to employees who have not worked an average of 25 hours a week in the previous 12 months.
b. does not apply to government employees and federal contractors.
c. was passed in part to remedy weaknesses in the Fair Labor Standards Act of 1938.
d. was passed to ensure that employees receive at least some pension benefits at the time of retirement or even
termination.
53. _____ mirrors the Civil Rights Act in terms of outlawing discrimination, but also requires federal contractors and
subcontractors, with contracts greater than $50,000, to file written affirmative action plans.
a. The Fair Labor Standards Act
b. Executive Order 11478
c. Executive Order 11246
d. The Wagner Act
54. The Occupational Safety and Health Act of 1970 (OSHA):
a. is enforced by the Equal Employment Opportunity Commission.
b. requires employers to furnish each employee with a place of employment that is free from hazards.
c. applies solely to firms regulated by the Nuclear Regulatory Commission.
d. prohibits employers from using urinalysis to test employees for drug use on the job.
55. The _____ is developing new guidelines that will require companies to divulge more complete and detailed
information about their executive-compensation packages.
a. Equal Employment Opportunity Commission
b. Securities and Exchange Commission
c. Office of Federal Contract Compliance Procedures
d. National Labor Relations Board
56. Which of the following statements is true of the Equal Employment Opportunity Commission (EEOC)?
a. It is a division of the Department of Labor.
b. It oversees and enforces the regulations of the Vocational Rehabilitation Act of 1973.
c. It is responsible for enforcing the Americans with Disabilities Act of 1990.
d. It establishes a minimum hourly wage for different types of jobs.
57. _____ is the result of behaviors or actions by an organization or managers within an organization that cause members
of a protected class to be unfairly differentiated from others.
a. Vicarious learning
b. Avoidance learning
c. Negative reinforcement
d. Illegal discrimination
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Chapter 2 – The Legal Environment
58. The Drug-Free Workplace Act of 1988:
a. exempts federal contractors and government employees from its provisions.
b. reduces the use of illegal drugs at the workplace.
c. tests employees for both alcohol and drug use at the workplace.
d. exempts firms regulated by the Department of Transportation from its provisions .
59. The Equal Employment Opportunity Commission (EEOC) frequently uses the _____ to issue new guidelines and
opinions regarding employment practices that result from newly passed laws.
a. Federal Register
b. United States Reports
c. United States Statutes at Large
d. Official Gazette
60. Which of the following statements is true of the Civil Rights Act of 1991?
a. It provides the potential payment of compensatory and punitive damages in cases of discrimination under Title
VII.
b. It allows federal judges rather than juries to hear cases of discrimination under Title VII.
c. It gives the Office of Federal Contract Compliance Procedures the power to enforce the provisions of the Civil
Rights Act of 1991.
d. It shifts the burden of proof to the victims of discrimination.
61. Describe a protected class as defined by Title VII of the Civil Rights Act of 1964. When is a job selection criterion
said to have a disparate impact on protected classes?
62. Summarize the provisions of the Fair Labor Standards Act of 1938.
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Chapter 2 – The Legal Environment
63. How can an organization evaluate its compliance with legal requirements?
64. Why was the Wagner Act passed? How did it result in the creation of the Taft-Hartley Act and the Landrum-Griffin
Act?
65. Describe the two types of sexual harassment identified by the courts.