CHAPTER 3—EQUAL EMPLOYMENT OPPORTUNITY AND HUMAN
RESOURCES MANAGEMENT
TRUE/FALSE
1. Equal employment opportunity refers to actions required of employers to correct past discrimination.
2. The Equal Pay Act makes it illegal to discriminate against people in terms of the pay, employee
benefits, and pension they earn based on their gender when they do equal work.
3. Employment discrimination was created in the nineteenth century with the Civil Rights Act of 1866.
4. Early nondiscrimination laws failed to give enforcement power to the agencies charged with upholding
them.
5. Training in and knowledge of EEO legislation are essential for managers and supervisors because
organizations can be held accountable and legally responsible for their managers’ decisions.
6. Managers cannot be sued for discrimination because they merely act as agents of their employer.
7. “Protected classes” is the current term used to refer to women and minorities.
8. The Equal Pay Act outlaws discrimination in pay, benefits, and pensions based on the worker’s gender.
9. Seniority systems can be used to legally justify paying men more than women.
10. Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or
age.
11. Title VII of the Civil Rights Act provides for exemptions to discrimination on the basis of race, color,
religion, or sex.
12. State and local governments are exempt from the provisions of the Civil Rights Act and Equal
Employment law.
13. The Civil Rights Act of 1964 also established the Equal Employment Opportunity Commission.
14. A religious organization is permitted to discriminate on the basis of religion.
15. The courts have defined business necessity as a practice that is necessary to the safe and efficient
operation of the organization.
16. Victoria’s Secret stores may not discriminate against a male applying for a job as a fitting room
attendant.
17. If a pay disparity between the sexes exists, employers cannot legally lower the wages of one gender to
comply with the law.
18. The Equal Employment Opportunity Act of 1972 strengthened the enforcement power of the EEOC.
19. The Pregnancy Discrimination Act requires pregnancy leave dates to be based on the individual
employee’s ability to work.
20. Employers are legally required to treat pregnancy the same way they treat any other medical disability.
21. If someone is regarded as having a disability, they are protected under the Americans with Disabilities
Act.
22. A disabled person must have an obvious physical impairment or deformity to be considered disabled
under the Americans with Disabilities Act.
23. U.S. government-owned corporations are exempted from the Civil Rights Act of 1964.
24. “Reasonable accommodation” for a disability may include reassignment to another vacant position.
25. The Civil Rights Act of 1964 allows employers to set different cutoff test scores on the basis of race
and sex.
26. Executive Order 11246 requires all federal agencies and government contractors to develop affirmative
action plans.
27. HR managers need not be concerned about state fair employment practice laws since they are usually
less stringent and less comprehensive than federal laws prohibiting discrimination.
28. An employer may be guilty of sexual harassment when an employee finds jokes, pictures, or language
used by others offensive.
29. Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute quid pro
quo sexual harassment.
30. Quid pro quo sexual harassment occurs when unwelcome sexual conduct has the purpose or effect of
unreasonably interfering with job performance or creating an intimidating, hostile, or offensive
working environment.
31. The EEOC considers an employer guilty of sexual harassment if the employer knew about harassment
activity, but failed to take any corrective action.
32. Employers are guilty of sexual harassment if they permit their customers to sexually harass their
employees.
33. The BFOQ exception does not apply to discrimination based on national origin.
34. Title VII provides employees with a statutory right to complete religious freedom in the workplace.
35. The Immigration Reform and Control Act requires employers to verify the legal right of applicants to
work in the U.S.
36. To comply with the Immigration Reform and Control Act, employers must submit all completed Form
I-9s to Immigration and Naturalization officers for approval.
37. The Uniform Guidelines on Employee Selection Procedures were designed to help employers, labor
organizations, employment agencies, and licensing boards with the requirements of federal
discrimination law.
38. When using a selection test, employers must be able to prove that the test bears a direct relationship to
job success.
39. The Uniform Guidelines on Employee Selection Procedures require validated procedures for selecting
and promoting employees, but do not apply to layoff, transfer, or demotion.
40. Proof of a direct relationship between selection instruments and performance must be established
through validation studies by an independent firm.
41. Adverse impact refers to the rejection for employment, placement, or promotion of a significantly
higher percentage of a protected class when compared to a nonprotected class.
42. No adverse impact exists if members of a protected class represent a significantly smaller percentage
of the organization’s workforce than the percentage found in the population of the surrounding
community.
43. The Civil Rights Act of 1991 provides that employees who are sent abroad to work for U.S.-based
companies are protected by U.S. antidiscrimination legislation governing age and disability and Title
VII of the Civil Rights Act of 1964.
44. When pursuing an adverse impact claim, an individual is alleging that the employer’s selection
practices have unintentionally discriminated against a protected group.
45. The Four-Fifths Rule applies when the number of employees from a protected class is less than
four-fifths of the number of employees hired from the class with the highest selection rate.
46. The Lily Ledbetter Fair Pay Act states that the 180-day statute of limitations for filing an equal-pay
lawsuit with EEOC resets with each new discriminatory paycheck the employee receives.
47. A 35-year-old applicant that is denied employment based upon age may file a claim under the Age
Discrimination in Employment Act if the organization hired a 21-year-old.
48. Disparate treatment would exist when an employer hired only men, but no women, with school-aged
children.
49. It is illegal for employers to deny sick leave for morning sickness or related pregnancy illness if sick
leave is permitted for other medical conditions such as flu or surgical operations.
50. The Griggs case established the principle that employment practices must be job-related.
51. The Griggs case established the principle that statistical disparity among protected class members must
be made in comparison to the relevant labor market.
52. According to the Griggs case, requiring all salespersons to be six feet tall would pose an adverse
impact on Asians and women, limiting their employment opportunities.
53. The EEOC is responsible for ensuring that covered employers comply with the intent of Title VII of
the Civil Rights Act.
54. The Equal Employment Opportunity Commission consists of one commissioner from each state and a
general counsel.
55. The work of the Equal Employment Opportunity Commission consists of formulating EEO policy and
approving litigation involved in maintaining equal employment opportunity.
56. The EEO-1 report is the EEOC’s basic document for determining an employer’s workforce
composition.
57. Title VII requires retention of all employment records for at least six months or until resolution of any
HR action, whichever occurs later.
58. In states that have fair employment practice laws, discrimination charges are deferred to the state
agency for resolution before action is taken by the EEOC.
59. If the EEOC finds “reasonable cause” of discrimination, the commission will attempt to settle the
matter between the charging party and the employer.
60. Title VII protects from retaliation of those who file charges against an employer with the EEOC.
61. Affirmative action programs are required by all employers.
62. Employers may be accused of reverse discrimination, or giving preference to members of protected
classes, to the extent that unprotected individuals believe they are suffering discrimination.
MULTIPLE CHOICE
1. The employment of individuals in a fair and nonbiased manner is called
a.
affirmative action
b.
equal employment opportunity
c.
civil rights policy
d.
uniform guidelines
2. A factor that appears to have influenced the growth of EEO legislation is:
a.
the changing attitudes of society at large.
b.
the postwar baby boom.
c.
shortage of qualified labor.
d.
an influx of illegal immigrants.
3. An employee alleging discrimination can sue both the manager (or supervisor) of a company and the
company itself because:
a.
the company provided EEO training to the manager
b.
the manager or supervisor perform their job as agents of the company
c.
EEO law provides for it
d.
the employee can sue the company, but not the manager or supervisor
4. Which of the following groups would not fall under the broad definition of protected classes?
a.
African Americans
b.
women
c.
people above 55
d.
white men
5. Individuals protected by federal equal employment opportunity laws include all of the following
except:
a.
minorities.
b.
women.
c.
people over age 39.
d.
homosexuals.
6. Major federal equal employment opportunity laws attempt to correct social problems of interest to
particular groups of workers called:
a.
significant worker classes.
b.
privileged classes.
c.
protected classes.
d.
equal employment classes.
7. The Equal Pay Act prohibits employers from discrimination in pay based on:
a.
race.
b.
gender.
c.
religion.
d.
age.
8. Employers that pay men and women a different salary are violating the Equal Pay Act only if the pay
difference is a result of:
a.
seniority.
b.
merit.
c.
performing work of similar skill effort and responsibility under similar conditions.
d.
incentive plans.
9. The Equal Pay Act was passed as an amendment to the:
a.
Civil Rights Act
b.
Fair Labor Standards Act
c.
Equal Employment Opportunity Act
d.
Age Discrimination in Employment Act
10. Title VII of the Civil Rights Act makes it illegal to discriminate because of:
a.
race and sex.
b.
seniority.
c.
experience.
d.
merit.
11. The legislative act that bars discrimination in all HR activities, including hiring, training, promotion,
pay, employee benefits, and other conditions of employment, is known as the:
a.
Equal Pay Act of 1963.
b.
Civil Rights Act of 1964.
c.
Equal Employment Act of 1972.
d.
Civil Rights Act of 1991.
12. Which of the following employers are covered under the Civil Rights Act?
a.
Organizations hiring native Americans on or near a reservation.
b.
Bona fide, tax-exempt private clubs.
c.
Religious organizations employing persons of a specific religion.
d.
Unionized organizations.
13. Which of the following is not prohibited by Title VII?
a.
paying a woman less than a man for doing the same job
b.
promoting a white male over a black male on the basis of seniority
c.
refusing to hire Hispanics
d.
limiting training opportunities to men
14. The agency established to enforce the Civil Rights Act and to promote equal employment opportunity
is the:
a.
Occupational Safety and Health Administration (OSHA).
b.
Equal Employment Opportunity Commission (EEOC).
c.
Equal Rights Compliance Agency (ERCA).
d.
Justice Department (JD).
15. Bona fide occupational qualifications can:
a.
be used to identify adverse impact
b.
be based on employer preference
c.
permit discrimination by an employer
d.
require reasonable accommodation on the part of the employer
16. Title VII provisions for religion:
a.
require employers to make reasonable accommodation for religious observance or practice
b.
cannot be the basis for a bona fide occupational qualification
c.
require employers to grant complete religious freedom in employment in accordance with
the First Amendment
d.
permit discrimination based on race if religious preference is a bona fide occupational
qualification
17. The Age Discrimination in Employment Act prohibits specific employers from discriminating against
persons who are:
a.
40 years of age or older.
b.
only those older than 40 years of age.
c.
45 years of age or younger.
d.
45 years of age or older.
18. Age discrimination does not exist when:
a.
employers make off-hand remarks about older individuals
b.
advanced age affects work safety
c.
older workers are pressured to take early retirement
d.
older workers are terminated through downsizing
19. Which of the following is NOT used to determine whether an accommodation is reasonable?
a.
size of the organization
b.
nature of the accommodation
c.
profitability of the organization
d.
financial resources of the applicant
20. According to the Pregnancy Discrimination Act, it is not illegal to:
a.
require pregnant women to resign.
b.
deny sick-leave benefits for pregnancy-related illnesses.
c.
deny to all employees sick-leave benefits including those for pregnancy-related illnesses.
d.
provide medical benefits that do not cover pregnancy-related medical costs.
21. According to the Pregnancy Discrimination Act:
a.
an employer can deny sick leave for morning sickness
b.
an employer may set mandatory lengths for pregnancy leave
c.
an employer must set pregnancy leave dates based on the individual employee’s ability to
work
d.
pregnancy is a temporary medical condition and not a disability
22. A disability under the Americans with Disabilities Act can be defined by all of the following except:
a.
a physical or mental impairment that substantially limits one or more major life activities
b.
evidence of a medical diagnosis of impairment
c.
having a record of physical or mental impairment
d.
being regarded as having a physical or mental impairment
23. Which of the following is NOT a basis for age discrimination?
a.
excluding older workers from important work activities
b.
offering older employees early retirement
c.
selecting young applicants over better-qualified older applicants
d.
reducing job duties and responsibilities of older employees
24. The Americans with Disabilities Act does not:
a.
require employers to make reasonable accommodation to disabled persons.
b.
define disability as a physical or mental impairment that substantially limits one or more
major life activities.
c.
provide protection for adjustment disorders.
d.
prohibit employers from using selection procedures that screen out disabled persons.
25. Which of the following is NOT a protected class under Title VII of the Civil Rights Act of 1964?
a.
national origin
b.
age
c.
race
d.
religion
26. The law that requires employers to reemploy and advance qualified veterans is:
a.
the Uniformed Services Employment and Reemployment Rights Act.
b.
Executive Order 11246.
c.
the Equal Employment Opportunity Act of 1972.
d.
the Veterans’ Readjustment Assistance Act.
27. The law that requires federal contractors to take affirmative action in hiring disabled individuals is:
a.
Executive Order 11246.
b.
the Vietnam Era Veterans’ Readjustment Assistance Act.
c.
the Americans with Disabilities Act.
d.
the Vocational Rehabilitation Act.
28. Executive Order 11246 provides equal employment opportunities to:
a.
federal employees and individuals employed by government contractors.
b.
state and local government employees.
c.
all employees of public and private employers.
d.
union members.
29. Fair employment practice laws:
a.
can be more comprehensive than federal laws.
b.
are established by the Equal Employment Opportunity Commission.
c.
cannot bar discrimination based on marital status or political affiliation.
d.
are provisions under the Veterans’ Readjustment Assistance Act.
30. Homosexuals are protected from discrimination mainly from:
a.
Fair Employment Practice Laws at the state or local level.
b.
the Vietnam Era Veterans’ Readjustment Assistance Act.
c.
the Americans with Disabilities Act.
d.
the Vocational Rehabilitation Act.
31. Which of the following is not an example of sexual harassment?
a.
paying a man more than a woman for doing the same job
b.
promoting a female employee after she agrees to an after-work date
c.
permitting the work environment to be hostile, intimidating, or offensive
d.
allowing a customer to demand sexual favors from an employee
32. Which of the following is NOT a defense to an alleged Equal Pay Act violation?
a.
paying a male more because he has greater seniority
b.
paying a male more because he is more productive
c.
paying a male more because he has dependents
d.
paying a male more because he produces higher quality
33. Which of the following are the two forms of sexual harassment recognized by the EEOC?
a.
Traditional and work environment.
b.
Quid pro quo and hostile environment.
c.
On the job and off the job.
d.
Good intentions and discriminatory.
34. Which of the following is NOT under the jurisdiction of the Civil Rights Act of 1964?
a.
state and local governments
b.
private and public employment agencies
c.
private educational institutions
d.
a private employer in interstate commerce with ten employees
35. Giving preference to members of protected classes to the extent that unprotected individuals believe
they are suffering is known as:
a.
sexual harassment
b.
retaliation
c.
affirmative action
d.
reverse discrimination
36. To comply with the Immigration Reform and Control Act, employers should do all of the following
except:
a.
complete and retain form I-9.
b.
present form I-9 for inspection upon request.
c.
verify the citizenship or immigration status of their employees.
d.
refuse to hire immigrants.
37. The procedural document developed by the Equal Employment Opportunity Commission is the:
a.
Uniform Commercial Code.
b.
Uniform Guidelines on Employee Selection Procedures.
c.
Affirmative Action Guide.
d.
Business Code of Ethics.
38. An important step in avoiding discriminatory practices during selection is to:
a.
base selection decisions solely on interviews.
b.
use multiple interviewers for each applicant.
c.
use validation studies to demonstrate the job-relatedness of a selection instrument.
d.
require all applicants to complete an application form.
39. When an employment selection instrument is related to job success, the instrument is said to have:
a.
validity.
b.
correctness.
c.
discrimination.
d.
exclusiveness.
40. Adverse impact means that:
a.
men are paid less than women.
b.
employment decisions reject a higher percentage of a protected class than a nonprotected
class.
c.
efforts are made to recruit a larger percentage of minorities.
d.
bona fide occupational qualification on religion is permitted at the workplace.
41. When pursuing an adverse impact claim, an individual is alleging:
a.
Unintentional discrimination against an individual.
b.
Intentional discrimination against an individual.
c.
Unintentional discrimination against a protected class.
d.
Intentional discrimination against a protected class.
42. According to the Uniform Guidelines, a rule of thumb that identifies selection practices that favor a
disproportionate number of nonprotected class members is the:
a.
two-thirds rule.
b.
acid-test rule.
c.
ratio rule.
d.
four-fifths rule.
43. Employers can determine adverse impact by using:
a.
The four-fifths rule
b.
The McDonnell-Douglas Test
c.
The disparate treatment rule
d.
Title VII of the Civil Rights Act of 1964
44. The four-fifths rule provides:
a.
a quantifiable definition of discrimination.
b.
an earnings test of employment discrimination.
c.
a goal for affirmative action.
d.
a rule governing the job-relatedness of employment tests.
45. An employer interviews 100 qualified applicants, 60 whites and 40 blacks. If 30 whites are hired, what
is the least number of blacks that should be hired to avoid charges of adverse impact?
a.
24
b.
20
c.
16
d.
12
46. An employer interviews 150 qualified applicants, 100 whites and 50 Hispanics. If 25 whites are hired,
what is the least number of Hispanics that would have to be hired to avoid charges of adverse impact?
a.
20
b.
13
c.
10
d.
8
47. Disparate treatment cases involve:
a.
discharge complaints.
b.
purposeful discrimination.
c.
affirmative action goals.
d.
immigration cases.
48. In which case during the 1970s did the Supreme Court rule that applicants must be evaluated on an
individual basis and race can be one factor used in the evaluation process as long as other competitive
factors are considered?
a.
Ricci v. DeStefano
b.
Griggs v. Duke Power
c.
University of California Regents v. Bakke
d.
Hazelwood School District v. United States
49. An employer’s workforce is said to be at parity with the relevant labor market when:
a.
women are hired at the same rate as men.
b.
affirmative action goals are achieved.
c.
the employer’s workforce by race and sex compares favorably with the surrounding labor
market.
d.
adverse impact is eliminated in the selection procedures of employees.
50. In Griggs v Duke Power, the Supreme Court established the principle that:
a.
educational selection requirements are illegal.
b.
discrimination occurs only if the employer intends to discriminate.
c.
discrimination can occur even if it is covert or unintentional.
d.
employment tests are illegal.
51. EEOC guidelines are:
a.
Federal Law.
b.
State Law.
c.
Administrative Rules published in the Federal Register.
d.
Only applicable to organizations that employ over 1000 people.
52. Employers with 100 or more employees must annually file a(n):
a.
government claims form
b.
EEO-1 form
c.
Affidavit of Compliance
d.
EEOC charge form
53. In 2010, the EEOC processed almost ______ sexual harassment claims nationwide.
a.
86,000
b.
39,000
c.
12,000
d.
3,500
54. About ____ of sexual harassment claims filed with the EEOC are filed by men.
a.
2 percent
b.
16 percent
c.
30 percent
d.
50 percent
55. The EEOC conducts its operations through:
a.
state and local government offices
b.
its administrative headquarters, district offices, and area offices
c.
the Department of Justice
d.
the Department of Labor
56. Organizations subject to Title VII are required to post:
a.
all job openings.
b.
their application blank.
c.
selected equal employment opportunity notices.
d.
affirmative action goals.
57. Employers of ____ or more employees must file an EEO-1 report annually.
a.
50
b.
100
c.
150
d.
200
58. Under the law, discrimination charges must be filed within ____ days of the alleged unlawful practice.
a.
60
b.
90
c.
120
d.
180
59. _____ U.S. states have passed laws prohibiting sexual orientation discrimination in workplaces.
a.
Nearly half of the
b.
Nearly all of the
c.
No
d.
All
60. A policy to prevent discrimination would include all of the following except:
a.
understanding prohibitions of EEO laws
b.
how to respond to complaints of discrimination
c.
procedures for investigating complaints
d.
standards for employee conduct
61. Affirmative action compliance is reviewed by the:
a.
Office of Federal Contract Compliance Programs.
b.
Equal Employment Opportunity Commission.
c.
Supreme Court.
d.
Justice Department.
62. Legally, an affirmative action program is required when:
a.
a firm has 25 or more employees.
b.
a firm wants to expand its workforce.
c.
a firm’s union-management contract is being negotiated.
d.
a firm has a federal contract exceeding $50,000.
63. Affirmative action requires employers to:
a.
fill minority quotas.
b.
avoid disparate treatment of protected classes.
c.
avoid disparate impact on protected classes.
d.
analyze their workforce and develop a plan of action to correct areas of past
discrimination.
64. Reverse discrimination occurs when:
a.
men are favored over women.
b.
whites are favored over blacks.
c.
protected classes are favored to the extent that unprotected individuals believe they are
suffering discrimination.
d.
affirmative action goals are set.
65. Basic steps in developing an effective affirmative action plan include all of the following except:
a.
issue a written EEO policy and affirmative action statement.
b.
survey present minority and female employment by department and job classification.
c.
establish an internal audit and reporting program to evaluate progress.
d.
establish a quota system and timetable for hiring.
66. In the following decision, the Supreme Court stated that affirmative action programs are not illegal per
se as long as rigid quota systems were not specified for different protected classes:
a.
Griggs v Duke Power
b.
Albemarle Paper Co. v Moody
c.
University of California Regents v Bakke
d.
United Steelworkers of America v Weber
67. In the following decision, the Supreme Court did not endorse all voluntary affirmative action
programs, but gave an important push to programs voluntarily implemented and designed to correct
past racial imbalances:
a.
Griggs v Duke Power
b.
Albemarle Paper Co. v Moody
c.
University of California Regents v Bakke
d.
United Steelworkers of America v Weber
68. In which Supreme Court decision involving an invalidated employment test for firemen did the court
state: “once the process has been established and employers have made clear their selection criteria,
they may not then invalidate the test results, thus upsetting an employee’s legitimate expectation not to
be judged on the basis of race?”
a.
Ricci v. DeStefano
b.
Albemarle Paper Co. v Moody
c.
University of California Regents v Bakke
d.
United Steelworkers of America v Weber
69. “National origin group” is defined as a group of people sharing a common:
a.
language, culture, ancestry, and/or similar social characteristics
b.
birthplace other than the U.S.
c.
occupation
d.
education
70. Predictions about age discrimination claims point to:
a.
a slow decline
b.
a dramatic increase
c.
a steady increase
d.
a rapid decline
71. Which law prohibits federal contractors from discriminating against disabled individuals in any
program or activity receiving federal financial assistance, and requires federal contractors to develop
affirmative action plans to hire and promote disabled people?
a.
The Americans with Disabilities Act
b.
The Vocational Rehabilitation Act of 1973
c.
Executive Order 11246
d.
Executive Order 11478
72. The Glass Ceiling Act:
a.
never made it out of congressional committee
b.
was declared unconstitutional by the U.S. Supreme Court
c.
protects only white females
d.
created the Glass Ceiling Commission
73. Individuals with AIDS or HIV are “disabled” within the meaning of the:
a.
Civil Rights Act of 1991
b.
Vocational Rehabilitation Act of 1973
c.
Executive Order 11246
d.
state and local anti-discrimination laws only
74. It is most accurate to say, regarding affirmative action today, that:
a.
it has become a dead issue
b.
only the states are concerned with it
c.
the debate over its alleged drawbacks and benefits continues
d.
it was redefined by the Civil Rights Act of 1991
ESSAY
1. Why is it important for managers to pay close attention to fair employment practices?
2. Explain the different forms of sexual harassment as recognized by the EEOC.
3. What are the steps involved in filing and investigating an equal employment opportunity charge?
4. What should be included in a training program when trying to prevent discrimination claims?
5. According to the EEOC, what are the basic steps in developing an effective affirmative action
program?
ANS:
6. What is a BFOQ? Are they a good idea? Do we need more?