Chapter 3—Ensuring Fair Treatment and Legal Compliance
MULTIPLE CHOICE
1. In the class action lawsuit Dukes v. Wal-Mart,
a.
the parties got a better response by suing Wal-Mart directly rather than going through the
EEOC.
b.
the plaintiffs were men who had filed a reverse discrimination suit.
c.
outcomes received by women were generally less than what men received.
d.
the problem was local rather than national.
e.
pay was not an issue.
2. Which of the following are true?
a.
Society’s view of what constitutes fair treatment of employees is in constant flux.
b.
Practices that were considered fair at the beginning of the twentieth century are now
illegal.
c.
Practices considered fair today may no longer be legal in five or ten years.
d.
Complying with laws and regulations is seldom enough to ensure that employees feel they
are treated fairly.
e.
All of these statements are true.
3. Which of the following statements about fairness is true?
a.
In a capitalistic economic society, organizations are only concerned about fairness when
dealing with consumers and competitors.
b.
Fairness is seldom the result of proactive thinking.
c.
Concerns about fairness are typically handled reactively.
d.
Members of the labor force initiate and ultimately create federal and state laws.
e.
Fairness in the workplace is a result of ethical principles not legal institutions.
4. Line managers, HR professionals, and employees all have roles and responsibilities for ensuring fair
treatment in the workplace. Which of the following do all three groups have in common?
a.
Keep accurate and current records about employee performance
b.
Be informed about laws and regulations protecting employee’s rights
c.
Administer grievance/complaint procedures
d.
Set policy to take into account societal views
e.
They have none of these in common. Employees do not take part in this.
5. ______________ participate in diversity training and provide feedback on its effectiveness
and other diversity and inclusion initiatives as part of their organizational role in ensuring fair
treatment and legal compliance.
a.
Top management
b.
Middle managers
c.
Line managers
d.
HR professionals
e.
Employees
6. Ravi complained to his supervisor when he discovered that he was required to work late three nights a
week, and a co-worker in a similar position only worked late once every two weeks. Ravi thought his
treatment was unfair. The supervisor instructed both employees to work two nights every week. Even
though Ravi would have preferred to not work any nights, he was satisfied with this solution because
the:
a.
supervisor had used both distributive and procedural justice to achieve a level of fairness
b.
supervisor had implemented a corporate mission statement of fairness
c.
organization had complied with the federal government’s Law of Equity
d.
denotation of the word fairness had been implemented, if not, its connotation
e.
chain of command had not had to change as a result of Ned’s complaint
7. In order for employees to perceive that the formal procedure used to resolve concerns about unfair
treatment is itself fair:
a.
the information used to resolve the issue must be appropriate and accurate
b.
the basis for deciding how to resolve the problem must be clearly explained to all parties
involved
c.
all parties involved must have equal and open access to the resolution process
d.
the system should be flexible enough to be responsive to changing conditions that may
require further changes
e.
all of the above conditions must be met
8. Imagine you work in the human resources office of a large department store. You have been asked to
develop a fair procedure to thwart employee pilferage. In developing this procedure, you should take
into account:
a.
methods for getting accurate and appropriate information about pilferage
b.
communicating the pilferage policy
c.
allowing employees to contribute their ideas about developing the pilferage policy
d.
building flexibility into the pilferage policy to account for unique circumstances
e.
all of the above
9. In a recent downsizing, Bria, an average performer, was informed via email not to report to work the
following Monday as her job had been terminated. Bria was aware that the downsizing was to occur
and was informed of the process by which layoffs would occur, which she thought was fair. All other
performers in her work group who were let go had also been rated “average.” Bria
a.
is probably feeling she has been treated equitably.
b.
probably believes she has been denied procedural justice.
c.
probably believes she has been denied distributive justice.
d.
probably believes she has been denied interactional justice.
e.
b, c, and d are all correct.
10. In a recent downsizing, Brantley was terminated. He had just completed a company-paid MBA
program less than one week before his termination. The downsizing was a shock to Brantley as he was
unaware that the downsizing was likely to occur. His supervisor indicated that he had personally
chosen Brantley for termination because his new degree made him more likely than others in his
department to be able to find another job quickly. Brantley is probably feeling that:
a.
he has been treated equitably.
b.
he has been denied procedural justice.
c.
he has been denied distributive justice.
d.
he has been denied interactional justice.
e.
b, c, and d are correct.
11. You perceive that you are being treated unfairly in the workplace. Which of the following actions will
help you to resolve the issue in a manner best for you and your organization?
a.
Ignore it and hope it corrects itself.
b.
Have patience. The government will pass legislation soon to help you.
c.
Call a lawyer and find grounds for a lawsuit.
d.
Talk to your supervisor or other appropriate person in the firm about the issue first
e.
Quit and look for a job more to your liking
12. Which of the following is NOT an action to likely to be taken by an employee who feels unfairly
treated by the organization and who has decided to stay and seek revenge to even things out?
a.
Ignore the injustice and hope it corrects itself.
b.
Call in sick so as to have to work less
c.
Take longer work breaks
d.
Steal company assets
e.
Try to undermine the person who treated the employee unfairly
13. Suzanne is a lesbian and she has been denied a promotion to departmental manager. Suzanne’s
superiors feel that because of her sexual orientation, she will not have the respect of her subordinates.
Suzanne confers with her lawyer. She wants to sue her employer for discrimination. She has been
deprived of a career and financial opportunity because her employer views her sexual orientation as a
barrier to her performance. What will her lawyer tell her?
a.
She can sue for sex discrimination under Title VII.
b.
She can sue for sexual harassment under Title VII.
c.
She can sue for disability discrimination under the ADA.
d.
She can sue under the Equal Pay Act.
e.
She cannot sue under federal law.
14. James and his life-partner Mikael work for the same company. James was recently denied a promotion
into a department in which Mikael would be his supervisor. The reason cited for denying James was
that the promotion was not allowed under the company’s nepotism policy. James believes he has been
unfairly denied the promotion. He can:
a.
sue for sex discrimination under Title VII.
b.
sue for sexual harassment under Title VII.
c.
sue for disability discrimination under the ADA.
d.
sue under civil law.
e.
none of the above.
15. Which of the following statements about the relationship between federal and state laws is true?
a.
State laws are simply reiterations of federal laws.
b.
Federal laws always precede state laws.
c.
Federal laws always supersede state laws.
d.
State laws must be consistent with federal laws.
e.
All of the above statements about the relationship between federal and state laws are true.
16. Which of the following statements about the relationship between federal and state laws is true?
a.
All companies, no matter how small, are covered under federal laws.
b.
State laws often anticipate (precede) federal laws.
c.
The only difference between state laws and federal laws is the jurisdiction of the agency
that enforces them.
d.
Federal and state laws are types of administrative law.
e.
Federal laws never supersede state laws.
17. In most states, employees have up to _____ days after an alleged discriminatory event to file a charge
with the EEOC.
a.
100
b.
300
c.
30
d.
250
e.
1000
18. Executive orders are:
a.
created by federal agencies
b.
dictated by the U.S. Constitution
c.
the result of precedent-setting legal cases
d.
issued by the president of the United States
e.
state laws that act as precedent for federal laws
19. Executive orders:
a.
are issued by federal agencies as tools for monitoring the workplace
b.
are derived from the Bill of Rights
c.
specify rules and conditions for government business and for doing business with the
government
d.
are rules made by judges as they resolve disputes between parties
e.
are governmental controls for with private-sector companies
20. The Equal Employment Opportunity Commission (EEOC) is an example of an _____ agency.
a.
administrative
b.
constitutional
c.
statutory
d.
common
e.
procedural
21. Tootsie’s All-American Restaurant has 27 locations throughout the United.States. Tootsie’s founder
believes that “An all-American restaurant must have an all-American staff.” Therefore, the restaurant
chain’s unwritten policy is that no wait staff with foreign accents can be hired. Tootsie’s All-American
Restaurant may become the target for _____.
a.
a class action lawsuit under Title VII of the Civil Rights Act
b.
a Fourteenth Amendment suit
c.
a charging violation of Executive Order 11246
d.
a common law suit
e.
none of the above
22. Linda has worked for ten years as a senior engineering supervisor in her department. Two junior
engineers in her department were recently given raises to match the salaries of other newly-hired
junior engineers. Linda believes that she should have received a raise at that time. What would be a
valid basis for her lawsuit if Linda decides to take her employer to court over the matter?
a.
age discrimination
b.
equal pay
c.
pay equity
d.
employment-at-will
e.
none of the above
23. Heather has worked for ten years as an engineering supervisor. She has recently learned that her salary
had always been lower than the salaries of male engineering supervisors with similar lengths of
company service. Her company has a policy of pay secrecy that prohibits employees from discussing
compensation. How would the court rule on a discrimination claim after such a long of a period of
time has passed since the pay discrimination began?
a.
She has no claim since the 180-day time limit for filing discrimination claims has passed.
b.
She can claim discrimination only for time that has passed since the filing of her
discrimination claim.
c.
She can claim discrimination for the entire period that her pay was lower than the pay of
her male peers.
d.
She has no valid discrimination claim and can be fired for violating the company’s pay
secrecy policy.
e.
Her discrimination claim is negated by the company’s pay secrecy policy and she must
accept binding arbitration to resolve her pay dispute with the company.
24. The ____________ rule states that because employers are the managers, they have the right to
terminate their employees whenever they choose.
a.
termination-at-will
b.
employee non-discrimination
c.
equity treatment
d.
employment-at-will
e.
employer autonomy
25. Robin is a human resources manager. She has taken a position with a large multinational corporation.
She is concerned about the differences between labor-management practices in the U.S. and other
countries. You could tell her that:
a.
most countries require that the protection of U.S. laws be extended to non-U.S. employees
in workplaces outside the U.S.
b.
the laws and regulations of other countries create more extensive and costlier employer
obligations than do employment laws in the United States.
c.
in many countries, a “social plan” is needed before a U.S. firm can close down or curtail
operations in a foreign country
d.
the legal environment for managers is much more important to understand than the
cultural environment
e.
there is no difference in how human resource management tasks are performed in the U.S.
and in the rest of the world
26. In the United States, judges:
a.
make new laws by interpretation and precedent
b.
can only interpret and apply existing laws
c.
must ignore decisions made by judges in other unrelated cases
d.
must render a decision that does not set a precedent
e.
All of the above
27. The National Labor Relations Act would protect an employee engaging in which of the following
actions:
a.
Anna has blown the whistle on an employee who was sexual harassing his secretary.
b.
Anna has demanded that her employer take certain precautions to prevent employees from
getting sick building syndrome.
c.
Anna filed a workers’ compensation claim as a result of injuries she sustained when a file
cabinet fell on her.
d.
Anna has been late for work at least two mornings a week.
e.
Anna asked union organizers to come to her company and start a union.
28. The Occupational Safety and Health Act would protect an employee engaging in which of the
following actions:
a.
Marcia has blown the whistle on salesman who was sexual harassing his secretary.
b.
Nancy has demanded that her employer take certain precautions to prevent employees
from getting sick building syndrome.
c.
Anita has filed claim related to her workers’ compensation.
d.
James has been denied permission to bring his service dog into plant where he works.
e.
Willie has met with union organizers about working conditions at his company.
29. In terms of layoffs and terminations, the U.S. tends to be _____ than other countries.
a.
more concerned about the effects
b.
more likely to develop social plans to moderate the impact
c.
less legalistic about handling layoffs and terminations
d.
more generous in financial arrangements for laid off and terminated employees
e.
less likely to ignore unions and other stakeholders in planning for layoffs and terminations
30. Grievance procedures:
a.
have become nearly universally used in unionized settings
b.
are consistent with managers’ beliefs that employees have a right to fair treatment.
c.
help lower legal costs associated with resolving employee-employer disputes in court
d.
increase employee loyalty and commitment
e.
are accurately described by all of the above
31. Which of the following statements about grievance procedures is true?
a.
Grievance procedures become widely used in the 1990s.
b.
Organizations typically try to thwart employee use of grievance procedures.
c.
More than half of America’s largest corporations have some type of grievance system
d.
Only unionized companies have a grievance procedure.
e.
Grievance procedures typically raise the legal costs associated with resolving
employee-employer disputes.
32. _____ is the less formal form of alternative dispute resolution (ADR).
a.
Mediation
b.
Administrative settlement
c.
Executive order
d.
Arbitration
e.
Statutory governance
33. _____________ is the most popular form of alternative dispute resolution (ADR).
a.
Mediation
b.
Administrative settlement
c.
Executive order
d.
Arbitration
e.
Statutory governance
34. Mediation is a popular form of alternative dispute resolution (ADR) because:
a.
it is purely voluntary
b.
the mediator is typically someone who is in close day-to-day contact with all parties in the
dispute
c.
it is a less formal process than arbitration
d.
it allows an employee to appeal a mediated decision that he or she deems to be unfair
e.
it is only necessary when parties involved want to settle a dispute without litigation
35. Arbitration:
a.
is a common form of alternative dispute resolution (ADR)
b.
typically bars attorneys from the process
c.
is a less formalized process than mediation
d.
has escaped the controversy that has surrounded the mediation process
e.
is accurately described by all of the above
36. If a legal right has been violated and has resulted in injury, the defendant may be required to pay
_____ monetary damages to the plaintiff.
a.
distributive and procedural
b.
compensatory and punitive
c.
financial and professional
d.
personal and professional
e.
present and future
37. The court ruled in favor of Benjamin’s claim of wrongful discharge due to age discrimination in his
lawsuit against his employer. The employer had consistently engaged in the practice of discharging
older employees by using various pretenses other than age. To punish the employer and to deter the
employer from engaging in future, the court required the employer to pay _________ damages in the
amount of two million dollars.
a.
distributive
b.
compensatory
c.
financial
d.
professional
e.
punitive
38. Diversity management initiatives:
a.
are usually the result of a court order after a class action lawsuit
b.
are required by Title VII
c.
are monitored by the EEOC
d.
are usually voluntary
e.
apply only to Title VII protected classes
39. Respect for all employees is when employment decisions are made on the basis of _____ rather than
_____.
a.
race, merit
b.
performance, merit
c.
merit, demographic attributes
d.
affirmative action, demographic attributes
e.
demographic attributes, performance
40. ______________ is the initiative most often used to increase gender diversity and inclusion.
a.
Requiring that the promotion pool include at least one female candidate
b.
Using gender-specific hiring goals and programs
c.
Including gender diversity indicators in performance reviews
d.
Providing flexible working conditions/locations
e.
Developing support programs and facilities to help reconcile work and family life
41. Which of the following statements about harassment in the workplace is true?
a.
Harassment does not include any nonverbal communication.
b.
The National Labor Relations Board (NLRB) defines harassment as racist epithets,
raunchy jokes, and ethnic slurs.
c.
Harassment occurs anytime an off-color joke is told in the workplace.
d.
Harassment often leads to expensive financial settlements and negative publicity.
e.
All of the above statements about harassment in the workplace are true.
42. The standard held by the courts for determining sexual harassment is the _____ standard:
a.
reasonable man
b.
reasonable woman
c.
reasonable person
d.
same sex
e.
common law
43. Which of the following statements about the prevention of harassment is true?
a.
Businesses should enforce a zero tolerance for harassment.
b.
It is relatively easy to create sexual harassment policies that will eliminate harassment.
c.
The EEOC wants businesses to establish a fund from which plaintiffs in harassment cases
will be paid.
d.
Harassment-awareness training programs have proven ineffective deterrents.
e.
Policies defining penalties for engaging in activities that may involve harassing need to be
narrow and specific in order to be really useful.
44. Sexual harassment policies in the workplace should:
a.
raise affirmatively the issue of harassment
b.
establish procedures for investigating and corroborating a harassment charge
c.
assure employees that they won’t be subjected to retaliation for reporting incidents of
harassment
d.
provide a clear and broad statement defining what constitutes harassment
e.
do all of the above
45. In order to make sure its sexual harassment policy provides effective guidelines for its managers, a
firm should create a written statement that includes:
a.
jokes, slurs, and epithets that are examples of harassment
b.
termination policies for the accused and the accuser
c.
a requirement that those who have been harassed must report it to management
d.
the reporting format that will be used in its monthly report to the EEOC
e.
the scale for payment to those who have proven they were harassed
46. Marek is a Polish-American. Every day his co-workers torment him with Polish jokes. Marek believes
that he is being forced to work in a hostile, offensive environment that prohibits his effective
performance, so Marek has complained to his supervisor. In compliance with EEOC guidelines, his
supervisor should:
a.
report Marek’s co-workers to the National Labor Relations Board.
b.
immediately investigate and take immediate and appropriate corrective action.
c.
move Marek to another position of equal or less status in the company away from his
current co-workers.
d.
terminate Marek because he is not a team player.
e.
take a “wait-and-see” attitude and hope the co-workers run out of jokes or move to another
target.
47. Organizational codes of ethics
a.
apply only to employers
b.
are mandated by federal law
c.
deal with organizational, not personal, matters
d.
inform employees as to how they are expected to conduct business
e.
safeguard the firm’s reputation
48. Which of the following can be treated as business records that must be retained?
a.
Personal e-mails sent on a company computer.
b.
E-mail messages typed on a company computer but never sent.
c.
Text entered into a Word document that you later deleted.
d.
Personal IMs sent to friends on a company computer.
e.
All can be treated as business records
49. Which of the following statements about the employees’ rights to privacy is true?
a.
The Bill of Rights guarantees employees in the private-sector the right to privacy.
b.
The U.S. Supreme Court has done nothing to protect the privacy of the employee in the
private-sector.
c.
Privacy legislation gives employees the right to control who gets what information.
d.
Administrative laws protect the privacy of private-sector employees from their employers.
e.
None of the above statements about the employees’ right to privacy is true.
50. Which of the following statements about the Data Protection Directive are TRUE:
a.
was the first major U.S. statute to address the issue of privacy directly
b.
applies only to employees in the private sector
c.
provides for civil penalties but not criminal penalties
d.
is an administrative regulation developed and enforced by the EEOC
e.
None of the above statements are true
TRUE/FALSE
1. In the real world, effective businesses seek to address only the concerns of their stockholders.
2. Treating employees fairly is good for employers.
3. Once hired, employees generally become much less vocal in expressing their concerns about fairness.
4. Employees do not necessarily feel that they have been treated unfairly when they do not get the best
possible outcome.
5. People’s perception of fairness includes both situational justice and procedural justice.
6. The term distributive justice refers to perceptions about fairness in the allocation of outcomes.
7. Concern for social cohesion is greater in the United States than in collectivistic countries.
8. Legal institutions provide channels for the labor force to use in communicating their concerns about
fairness to employers.
9. Title VII of the Civil Rights Act applies only to businesses with 10 or more employees.
10. Arbitration is a more formal process than mediation for ADR, yet not so formal that the rules of a
court must be followed.
SHORT ANSWER
1. Research has shown that people’s perceptions of fairness reflect at least two features of the situations
they find themselves in: the actual outcome and the processes used to arrive at these outcomes. What is
the term used to describe the outcomes?
2. Which government agency administers the Equal Pay Act?
3. What is common law?
4. ___________________ is the employment principle that U.S. employers have the right to terminate
their employees whenever they want to and for whatever reason they choose.
5. What is the most popular form of alternative dispute resolution (ADR)?
6. One common result of disputes in civil litigation is the payment of monetary damages. List the two
major types of monetary damages.
7. List three forms of harassing conduct.
8. The text states that fairness is a two-sided coin. What are the two sides?
9. List three electronic business records that must be retained and preserved in case they should later
become evidence in a legal case.
ESSAY
1. Is it true that state laws are simply reiterations of federal laws? Discuss your answer.
2. Describe the role of federal agencies in ensuring that employees are treated fairly.
3. What are two common remedies that the EEOC is likely to seek when filing employment lawsuit?
4. Discuss the following statement: “Critics of a broad approach to diversity management argue that
all-inclusive initiatives dilute the impact of an organization’s efforts.
5. What are the benefits for a company when it strives to create a culture of inclusion through its
diversity initiatives?
6. How is harassment defined?