Lussier, Human Resources Management 3e
SAGE Publishing, 2019
Chapter 3: The Legal Environment and Diversity Management
Test Bank
Multiple Choice
1. ______ is the act of making distinctions or choosing one thing over another; in human
resources, it is making distinctions among people.
A. Four-Fifths Rule
B. Affirmative action
C. Discrimination
D. Reverse discrimination
2. ______ is making distinctions that harm people and that are based on those people’s
membership in a protected class.
A. Illegal discrimination
B. Four-Fifths Rule
C. Reverse discrimination
D. Affirmative action
3. ______ is a rule of thumb used whenever you are contemplating any employment
action, to maintain fairness and equity for all of your employees or applicants.
A. Affirmative action
B. OUCH test
C. Four-Fifths Rule
D. Essential function
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
4. Carsten gave all his employees low ratings on their performance appraisals. While
the employees had met their objectives for the quarter and several had exceeded their
sales goals, Carsten felt that everyone could have worked harder than they did. He
does not have any evidence that his employees slacked off during the quarter, he just
has a feeling that more could have been done. Carsten’s performance appraisals violate
the ______ part of the OUCH test.
A. objective
B. uniform in application
C. consistent in effect
D. has job relatedness
5. Two Acme Global workers got into an argument about whose turn it was to clean up
the work station. The argument escalated into a fight that damaged the work station and
injured both workers. The manager disciplined both workers, giving one a 2-day
suspension and the other a 4-day suspension. The manager’s actions violated the
______ part of the OUCH test.
A. objective
B. uniform in application
C. consistent in effect
D. has job relatedness
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
6. Acme Global requires its delivery drivers to wear a uniform that clearly designates
them as a member of the Acme Global Corporation so that customers will be able to
identify them. The uniform is khaki pants and a collared shirt with the Acme Global logo
on it. The organization recently had a female applicant from a religious group that does
not allow women to wear pants. The applicant was turned down because she cannot
wear the uniform. This action by Acme Global violates the ______ part of the OUCH
test.
A. objective
B. uniform in application
C. consistent in effect
D. has job relatedness
7. Haley is hiring a courier whose primary job duties will be to deliver messages and
materials via bicycle throughout the city. In hiring, Haley favors an applicant who has
information technology skills and can help debug computer problems. Haley’s action
violates the ______ part of the OUCH test.
A. objective
B. uniform in application
C. consistent in effect
D. has job relatedness
8. The O in the acronym for the OUCH test stands for what?
A. objective: fact-based, and quantifiable, not subjective or emotional
B. ornery: difficult to deal with, or to control
C. ostentatious: displaying wealth or knowledge in a way that attracts attention
D. obvious: easy for the mind to understand or recognize
Lussier, Human Resources Management 3e
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9. The U in the acronym for the OUCH test stands for what?
A. understanding: the knowledge and ability to judge a particular situation or subject
B. uniform in application: applied the same way to all persons involved
C. underhanded: done in a secret and dishonest way; intended to deceive or trick
someone
D. ulterior: kept hidden until achievement of a specific result
10. The C in the acronym for the OUCH test stands for what?
A. consistent in effect: ensuring the result is not significantly different for different groups
B. contained approach: restrained or calm
C. capitulating effort: to stop resisting: to accept something you were resisting or
opposing
D. circumvented: to get around something in a clever and sometimes dishonest way
11. The H in the acronym for the OUCH test stands for what?
A. helping resolve the problem: working together to find a resolution
B. holding no grudges: always forgiving the employer for past wrong-doings
C. heavy-handed approach: forcing another party to accept something
D. has job relatedness: shows that the action relates to the essential job function
Lussier, Human Resources Management 3e
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12. ______ is a test used by various federal courts, the Department of Labor, and the
EEOC to determine whether disparate impact exists in an employment test.
A. OUCH test
B. Pattern or practice
C. Four-Fifths Rule
D. Reverse discrimination
13. The marketing department at Acme Global is hiring new sales associates. Out of
100 White applicants and 50 African American applicants, Acme Global hired 10
Whites. How many African American applicants would need to be hired for Acme Global
to avoid the appearance of adverse impact? In other words, how many African
American candidates must be hired to meet the requirements of the Four-Fifths Rule?
A. 1
B. 2
C. 3
D. 4
14. Acme Global needed to hire 30 new advertising sales agents. The applicant pool
consisted of 100 African American males and 100 White males. Of the 200 applicants,
Acme Global hired 10 of the African American males and 20 of the White males. Is
there evidence of disparate impact?
A. Yes, the African American selection rate of 20% is less than 80%, so the Four-Fifths
Rule is not met.
Lussier, Human Resources Management 3e
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B. Yes, the African American selection rate of 5% is less than 16%, so the Four-Fifths
Rule is not met.
C. No, the African American selection rate of 20% is more than 5%, so the Four-Fifths
Rule is met.
D. No, the African American selection rate of 10% is less than 80%, so the Four-Fifths
Rule is met.
15. Acme Global needed to hire 45 new advertising sales agents. The applicant pool
consisted of 100 African American females and 100 White females. Of the 200
applicants, Acme Global hired 20 of the African American females and 25 of the White
females. Is there evidence of disparate impact?
A. Yes, the African American selection rate of 20% is less than 80%, so the Four-Fifths
Rule is not met.
B. Yes, the African American selection rate of 25% is less than 80%, so the Four-Fifths
Rule is not met.
C. No, the African American selection rate of 25% is more than 20%, so the Four-Fifths
Rule is met.
D. No, the African American selection rate of 20% is equal to 80% of the 25% selection
rate for Whites, so the Four-Fifths Rule is met.
16. There are 100 White male applicants for the job and 60 were selected. There were
20 African American male applicants for the job and 10 were selected. Is there evidence
for disparate impact against African Americans based on the four-fifths rule?
A. Yes, because the White male hiring rate was above the Black male hiring rate.
B. Yes, because the hiring rate of African American males is more than 80% of the
White male hiring rate.
C. No, because the hiring rate of African American males is 80% of that of White males.
D. Yes, because there were fewer African American applicants.
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
17. ______ is discrimination against the majority employee group based on a legally
protected factor, such as race or religion.
A. Reverse discrimination
B. Reasonable accommodation
C. Job relatedness
D. Four-Fifths Rule
18. Edward is paid $5 an hour less for doing a job that requires an equal level of skill,
effort, and responsibility as a job performed by Elizabeth. Both Edward and Elizabeth
perform under similar working conditions. Edward’s lower pay could be a violation of the
______.
A. Americans with Disabilities Act
B. Executive Order 11246
C. Equal Pay Act
D. Immigration Reform and Control Act
19. The Equal Pay Act is concerned with ______ discrimination.
A. gender
B. race
C. disability
D. age
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20. ______ exists when individuals in similar situations are intentionally treated
differently and the different treatment is based on an individual’s membership in a
protected class.
A. Job relatedness
B. Disparate impact
C. Disparate treatment
D. Pattern or practice discrimination
21. ______ occurs when an officially neutral employment practice disproportionately
excludes the members of a protected group; it is generally considered to be
unintentional, but intent is irrelevant.
A. Disparate impact
B. Pattern or practice discrimination
C. Job relatedness
D. Disparate treatment
22. In general, only the ______ can bring a federal suit alleging a pattern or practice of
discrimination.
A. governor of the state
B. office of compliance
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C. attorney general
D. police
23. ______ occurs when a person or group engages in a sequence of actions over a
significant period of time that is intended to deny the rights provided by Title VII of the
Civil Rights Act of 1964 to a member of a protected class.
A. Pattern or practice discrimination
B. Disparate impact
C. Disparate treatment
D. Disability
24. Jack allowed a male employee paid time off work to contest a speeding ticket in
court. When a female employee asked for similar time off to contest her ticket, Jack
refused. He said there was no point in allowing a woman to contest a driving ticket.
Jack’s actions likely constitute ______.
A. disparate treatment
B. disparate impact
C. constructive discharge
D. affirmative action
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
25. When hiring clerks for the mail room, Acme Global required applicants to take a
sorting ability test. The test screened out many more Caucasian job candidates than it
did African American job candidates. The test appears to cause ______.
A. disparate treatment
B. divergent impact
C. disparate impact
D. illegal discrimination
26. ______ is a qualification that is absolutely required in order for an individual to be
able to successfully do a particular job.
A. Disparate treatment
B. Essential functions
C. Disparate impact
D. Bona fide occupational qualification (BFOQ)
27. Acme Global would most likely not be guilty of disparate treatment based on gender
if it were to require applicants to be male when hiring a ______.
A. salesperson
B. marketing director
C. mailroom clerk
D. bathroom attendant
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
28. A Methodist church sought to hire a pastor for its new church. When a member of
the Catholic faith applied for the job, the church rejected the application. The church’s
defense was that being Methodist was ______.
A. disparate treatment
B. disparate impact
C. affirmative action
D. a bona fide occupational qualification
29. ______ exists when a particular practice is necessary for the safe and efficient
operation of the business and when there is a specific business purpose for applying a
particular standard that may, in fact, be discriminatory.
A. Job relatedness
B. Disability
C. Business necessity
D. Disparate impact
30. ______ exists when a test for employment is a legitimate measure of an individual’s
ability to do the essential functions of a job.
A. Pattern or practice discrimination
B. Job relatedness
C. Reasonable accommodation
D. Essential functions
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
31. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination
against employees age ______ or older and restricts mandatory retirement.
A. 21
B. 39
C. 40
D. 65
32. Acme Global is looking to hire wind turbine engineers. Because of the field work,
Acme Global wants to advertise for young workers who can work to repair giant
turbines. If they do so, their advertisement would likely be a violation of the ______.
A. Americans with Disabilities Act
B. Rehabilitation Act
C. Age Discrimination in Employment Act
D. Title VII of the Civil Rights Act
33. Rebecca has diabetes and is considered disabled under the Americans with
Disabilities Act. Her boss allows her to take breaks to eat, to take her medication, and to
test her blood-sugar levels. These actions by her employer are ______.
A. illegal discrimination
B. compensatory damages
C. reasonable accommodations
D. bona fide occupational qualifications
34. According to the Americans with Disabilities Act, a(n) ______ is a physical or mental
impairment that substantially limits one or more major life activities, a record of having
such an impairment, or being regarded as having such an impairment.
A. essential functions
B. job relatedness
C. reasonable accommodation
D. disability
35. According to the Americans with Disabilities Act, a(n) ______ is made by an
employer to allow someone who is disabled but otherwise qualified to do the essential
functions of a job to be able to perform that job.
A. reasonable accommodation
B. job relatedness
C. disability
D. essential functions
36. ______ are the fundamental duties of a job including things that are done routinely
and frequently.
A. Essential functions
B. Job relatedness
C. Disability
D. Reasonable accommodation
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37. ______ job functions are those that may be performed on the job but need not be
performed by all holders of the job.
A. Side
B. Job related
C. Marginal
D. Reasonable
38. ______ exists when the level of difficulty for an organization to provide
accommodations, determined by looking at the nature and cost of the accommodation
and the overall financial resources of the facility, becomes a significant burden on the
organization.
A. Reasonable accommodation
B. Undue hardship
C. Race norming
D. Job relatedness
39. ______ are monetary damages awarded by the court that compensate the injured
person for losses.
A. Affirmative actions
B. Undue hardship
C. Reasonable accommodation
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D. Compensatory damages
40. ______ are monetary damages awarded by the court that are designed to punish an
injuring party that has intentionally inflicted harm on others.
A. Undue hardship
B. Affirmative actions
C. Reasonable damages
D. Punitive damages
41. ______ exists when different groups of people have different scores designated as
“passing” grades on a test for employment.
A. Race norming
B. Reasonable accommodation
C. Undue hardship
D. Job relatedness
42. A Latino applicant scores 55 points on a job selection exam and is hired based on
the results of the exam while a White applicant scores 62 points on the same exam and
does not get hired. What illegal activity might have occurred?
A. reasonable accommodation
B. race norming
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C. undue hardship
D. disparate impact
43. Brenda is a member of the National Guard. Her unit is being deployed to
Afghanistan for 6 months. Her boss let her know that the company cannot hold her job
for her while she is gone. She will be replaced as soon as she deploys and will have to
find a new job at a different company when she returns. The actions of her boss are
likely a violation of the ______.
A. Rehabilitation Act
B. Uniformed Services Employment and Reemployment Rights Act
C. Lilly Ledbetter Fair Pay Act
D. Immigration and Nationality Act
44. The ______ amends Uniformed Services Employment and Reemployment Rights
Act to maintain healthcare coverage while away on duty and require employers to post
a notice of benefits, duties, and rights of reemployment.
A. Immigration and Nationality Act
B. Veterans Benefits Improvement Act of 2004
C. Rehabilitation Act
D. Civil Rights Act of 1991
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
45. ______ prohibits the use of genetic information in employment, prohibits intentional
acquisition of genetic information, and imposes confidentiality requirements.
A. Veterans Benefits Improvement Act of 2004
B. Rehabilitation Act
C. Americans with Disabilities Act
D. Genetic Information Nondiscrimination Act of 2008
46. Lily Ledbetter Fair Pay Act of 2009 amends the 1964 Civil Rights Act to ______ the
period of time in which an employee is allowed to file a lawsuit over pay discrimination.
A. extend
B. reduce
C. eliminate
D. negotiate
47. ______ amended the Civil Rights Act of 1964 to extend the period of time in which
an employee is allowed to file a lawsuit over pay discrimination.
A. Civil Rights Act of 1991
B. Lily Ledbetter Fair Pay Act of 2009
C. Americans with Disabilities Act
D. Genetic Information Nondiscrimination Act of 2008
Lussier, Human Resources Management 3e
SAGE Publishing, 2019
48. The ______ was designed to take a variety of different immigration laws and
combine them into a single act.
A. Immigration Reform and Control Act of 1986
B. Uniformed Services Employment and Reemployment Rights Act
C. Immigration and Nationality Act of 1952
D. Comprehensive Immigration Act of 2012
49. The ______ states that employers may only hire individuals who are authorized to
legally work in the United States.
A. Immigration Reform and Control Act of 1986
B. Uniformed Services Employment and Reemployment Rights Act
C. Immigration and Nationality Act of 1952
D. Comprehensive Immigration Act of 2012
50. When Anna showed up for her first day of work at Acme Global, she was required to
produce documents verifying her identity and her eligibility to work in the United States.
Acme Global is abiding by the ______.
A. Immigration and Nationality Act
B. Genetic Information Nondiscrimination Act
C. Immigration Reform and Control Act
D. Title VII of the Civil Rights Act of 1964