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Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
Chapter 4: Diversity, Inclusion, and Equal Employment Laws
Test Bank
Multiple Choice
1. ______refers to real or perceived differences among people with respect to sex, race,
ethnicity, age, physical and mental ability, sexual orientation, religion, and attributes that
may affect their interactions with others.
A. Pretext
B. Stereotypes
C. Bias
D. Diversity
2. What percent of the workforce in 2017 were women?
A. 12%
B. 17%
C. 47%
D. 78%
3. Jesse’s organization is made up of men and women from all different races, ethnic
backgrounds, ages, abilities, sexual orientation, and religions. Based on this description,
it can be assumed that Jesse’s organization is ______.
A. large
B. corporate
C. biased
D. diverse
4. At Nick’s organization, everyone is treated equally and has a say in decisions.
Leadership values the skills that each person brings to the work and appreciates
everyone for who they. This is an example of ______.
A. an appreciative environment
B. an inclusive environment
C. a biased environment
D. a stereotypical environment
5. At the organization where Eli works, he enjoys many benefits of an inclusive
environment such as ______.
A. a well-stocked cafeteria
B. the feeling he can be himself
C. freedom from making decisions
D. the ability to work with people similar to himself
6. The leadership where Ahmed works understands that to remain relevant, they need
to depend on everyone’s ideas for contrivance. Diversity helps bring together many
different experiences and viewpoints to create ______ ideas.
A. cautious
B. similar
C. innovative
D. safe
Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
7. ______ environments are organizations or groups in which individuals, regardless of
their background, are treated with dignity and respect, are included in decision-making,
and valued for who they are and what they bring to the group or organization.
A. Marginal
B. Inclusive
C. Disparate
D. Reverse
8. Believing that older applicants may not possess the required technology knowledge
for a job is an example of a bias that prevents ______.
A. the tendency for similarity-attraction
B. interviewing unqualified applicants
C. hiring and retaining a diverse workforce
D. generalized assumptions during recruitment
9. Jane is a 35-year-old Caucasian woman. On her first day at a new job, she chooses
to sit with a group of Caucasian female colleagues around her same age at lunch. This
is an example of ______.
A. bias
B. stereotype
C. conscious bias
Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
D. similarity-attraction
10. How might similarity-attraction create a hiring barrier?
A. A hiring manager may tend to hire candidates who are more like himself or herself.
B. A hiring manager may tend to hire someone different from himself or herself.
C. A hiring manager may hire the most diverse person over the most qualified.
D. A hiring manager may hire the most qualified person over the most diverse person.
11. Aarav, an Indian data analyst, is hired by ABC Company. ABC Company is
predominantly made up of Caucasian and Asian employees. While Aarav appreciates
the job and realizes that the company appreciates his skills, he still feels different and
somewhat isolated. What is likely to happen early in Aarav’s tenure given the situation
and how he feels?
A. Aarav is likely to leave the company.
B. Aarav is likely to file a complaint.
C. Aarav is likely to underperform.
D. Aarav is to refer friends to the company.
12. A ______ is a simplified and generalized assumption about a particular group?
A. bias
B. stereotype
C. prejudice
Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
D. barrier
13. A stereotype that someone is aware of is a(n) ______.
A. implicit belief
B. gut feeling
C. explicit belief
D. unconscious action
14. ______ is/are simplified and generalized assumptions about a particular group.
A. Implicit biases
B. Stereotypes
C. Similarity-attraction
D. Diversity
15. ______ refers to stereotypes individuals hold that reside beyond their conscious
awareness.
A. Diversity
B. Similarity-attraction
C. Inclusive environment
D. Unconscious (or implicit) bias
16. Jacqueline is overlooked for an engineer position based on the hiring manager’s
belief that engineers are men. This is an example of ______.
A. a stereotype
B. inclusion
C. diversity
D. alienation
17. Tim is overlooked for a job as a nurse’s aide because he does not look like the
typical nurse’s aide. This is an example of ______.
A. a diverse and inclusive work environment
B. how stereotypes lead to more a diverse workforce
C. a preference people with similar functional backgrounds
D. how stereotypes and biases can be barriers to hiring
18. An important reason for understanding the legal side of diversity is to limit the
organization’s ______.
A. equity
B. liability
C. changes
D. costs
19. A discrimination lawsuit can cost an organization a lot of money in legal fees and
penalties. Just as costly, a discrimination lawsuit damages the company’s ______.
A. diversity
B. inclusion
C. reputation
D. management
20. The ______, an independent federal agency, monitors most EEO laws pertaining to
private, government, and state institutions.
A. Office of Federal Contract Compliance Programs
B. Equal Employment Opportunity Commission
C. Office of Uniform Guidelines
D. Executive Compliance Office
21. The ______, a division of Department of Labor, monitors EEO compliance of federal
contractors.
A. Office of Uniform Guidelines
B. Executive Compliance Office
C. Equal Employment Opportunity Commission
D. Office of Federal Contract Compliance Programs
22. Who should an employee call if their company does not respond to a complaint
about discrimination?
A. the Equal Employment Opportunity Commission
B. their state representative
C. their congressperson
D. the Better Business Bureau
23. Most equal employment opportunity laws apply to companies with how many
employees?
A. 10 or more
B. 15 or more
C. 25 or more
D. 100 or more
24. Bill believes that he has been discriminated against due to being a differently abled
person. He contacts the Equal Employment Opportunity Commission and is told that the
equal opportunity laws do not apply to him. The company that pays him exercises very
little control over the work he does. What could be the reason?
A. Bill is protected by the other laws.
B. Bill is an independent contractor.
C. Bill has no proof of discrimination.
D. Bill works part-time.
Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
25. Katie was terminated from her job shortly after disclosing that she was pregnant.
She knows this has happened to other women in the past at this company and decides
to contact an attorney about a lawsuit. What will the attorney ask first?
A. Has an external investigation by a third-party investigator occurred?
B. Has an internal investigation by the top management team occurred?
C. Has a complaint been filed with the Department of Labor?
D. Has a charge been filed with the Equal Employment Opportunity Commission?
26. Sarah is involved in Katie’s discrimination case against their employer. When the
company finds out Sarah is serving as witness, Sarah is demoted. What is this most
likely an example of?
A. adverse impact
B. discrimination
C. retaliation
D. withholding pay
27. In order to ensure pay equity, human resource managers must ensure that
difference in pay reflects ______.
A. differences in job titles
B. differences in departmental budgets
C. differences in jobs or performance
Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
D. differences in fair pay structures
28. When a human resource director finds out about unfairness in pay structure, they
should ______.
A. increase the pay of the lower paid person
B. decrease the pay of the higher paid person
C. wait for performance evaluations
D. change job duties
29. Which is most important in equal pay claims?
A. the source of discrimination
B. the nature of the job
C. the job title
D. the existing pay distribution
30. Alice is filing an equal pay claim. As she prepares her case, she learns that she
does not need to prove that her company ______.
A. has an unequal pay distribution for similar jobs
B. intentionally paid men and women differently
C. pays differently for same the work
D. pays differently for an equal amount of work
31. Discriminating against majority or historically privileged groups such as White or
male employees is sometimes referred to as ______.
A. stereotyping
B. reverse discrimination
C. implicit bias
D. similarity-attraction
32. ______ refers to payments made to a plaintiff to bring them back to the position they
would have had if they were not discriminated against. This includes back pay and
getting one’s job back.
A. A class action lawsuit
B. Compensatory damages
C. Punitive damages
D. Equitable relief
33. ______ refer(s) to providing financial relief to the complainant for damages incurred,
such as mental and emotional stress suffered as a result of discrimination.
A. A class action lawsuit
B. Compensatory damages
C. Punitive damages
D. Equitable relief
34. ______ can be awarded if it is demonstrated that the company had engaged in
reckless discrimination and failed to act in good faith.
A. A class action lawsuit
B. Compensatory damages
C. Punitive damages
D. Equitable relief
35. ______ lawsuit occurs when a group of individuals who have similar claims sue as a
group.
A. A class action lawsuit
B. Compensatory damages
C. Punitive damages
D. Equitable relief
36. Joe is a White male working at a restaurant with mostly Latino coworkers. They
harass him for being White and often force him to do less desirable tasks during his
shift. This could be an example of ______.
A. adverse impact
B. bias
C. retaliation
D. reverse discrimination
37. Erik was terminated from his restaurant job, where he experienced reverse
discrimination, and filed a charge with the Equal Employment Opportunity Commission,
as well as a lawsuit against the restaurant for discrimination until Title VII. The court
determined that Erik was discriminated against and he was granted payments to help
make up for the wages he lost as a result of the discrimination. This is an example of
______.
A. equitable relief
B. compensatory damages
C. punitive damages
D. a class action lawsuit
38. As a result of Carson’s experience of reverse discrimination while working at a
restaurant, he became isolated and withdrawn. He also started to feel very anxious
about work and worried about how he would survive financially. Carson’s depression
and anxiety were making him sick and the doctor put Carson on medication to help him
deal with the stress. Carson received financial relief for the stress he incurred as a
result of the discrimination. This is an example of ______.
A. equitable relief
B. punitive damages
C. compensatory damages
D. disparate treatment
39. A court decided that Leo’s employer at the restaurant acted in reckless
discrimination. As a result, Leo was also awarded money because his employer did not
act in good faith. This an example of ______.
A. equitable relief
B. punitive damages
C. compensatory damages
D. a class action lawsuit
40. The restaurant where Nick experienced reverse discrimination is a national chain. It
came to the attention of Nick and his attorney that many other Caucasians have been
treated similarly to Nick. After contacting these other people and hearing the similarities
to Nick’s story, what did Nick’s attorney do?
A. argue disparate treatment
B. file a class action lawsuit
C. provide prima facie evidence
D. argue disparate impact
41. ABC Company avoids hiring young women when possible because they are more
likely to go out on maternity leave than older women. This is an example of ______.
A. disparate treatment
B. disparate impact
C. disparate claim
D. 4/5ths rule
42. In a discrimination case, once prima facie evidence has been established, the
burden of proof is on ______.
A. the Equal Employment Opportunity Commission
B. the attorneys
C. the employer
D. the employee
43. ABC Company successfully presents a nondiscriminatory reason for not hiring a
woman over a man with less experience. What happens next?
A. The case is dropped.
B. Charges are filed against the plaintiff who brought the suit.
C. The burden of proof shifts to the plaintiff.
D. A judge decides what happens next.
44. Jenny states ABC Company’s defense for hiring a less qualified man over her is just
an excuse to cover the discrimination. She provides evidence of a related degree and
experience. The company’s defense could now be considered ______.
A. pretext
B. disparate
C. bone fide
D. impactful
45. An employer may present two kinds of evidence as a defense in a discrimination
case. One defense is to show that there was a nondiscriminatory reason for the adverse
action against an employee or applicant. What does an employer need to do to ensure
they are able to provide this evidence?
A. show that they meant well and attempted to act in good faith
B. keep detailed records related to all employment decisions
C. maintain a high degree of confidentiality to protect employees and applicants
D. interview everyone involved and get them to agree to testify on their behalf
46. An employer may present two kinds of evidence as a defense in a discrimination
case. One defense is to show that there was a nondiscriminatory reason for the adverse
action against an employee or applicant. The second defense an employer may use in a
discrimination case is called ______.
A. quid pro quo
B. bona fide occupational qualification
C. prima facie evidence
D. uniform guidelines on employee selection procedures
47. A bona fide occupational qualification defense requires that the employer
demonstrates that a ______ is an essential necessity for the job.
A. specific ability
B. specific knowledge
C. specific protected characteristic
D. specific attitude
48. A(n) ______ is an essential necessity of the job and can be used to select
employees based on the protected characteristics.
A. pretext
B. essential function
C. bona fide occupational qualification
D. business need
49. Annalise applied for a job. During the interview, she was asked when she planned to
have children and how her husband would feel about her working long hours. She was
rejected despite being qualified, and a man with less qualifications was hired. It appears
Annalise has a ______ case for discrimination.
A. prima facie
B. adverse impact
C. pretext
D. reverse
50. ______ evidence is preliminary evidence that looks like discrimination at first glance.
A. Primary
B. Adverse impact
C. Pretext
D. Prima facie
51. In an employment discrimination case, the employee must first establish a prima
facie case that the employer’s action was discriminatory. Then, the burden of proof
shifts to the employer to establish that there was a nondiscriminatory reason for the
action. Once this has been established, the burden of proof falls back to the employee
to demonstrate that the employer’s reason for the action was a ______ and not the real
reason.
A. primary reason
B. adverse reason
C. pretext
D. prima facie
52. If a company implements the 4/5ths rule provided under Uniform Guidelines, they
are able to test for ______.
A. favoritism in hiring
B. prima facie evidence
C. intentional discrimination
D. disparate treatment
53. ABC Company uses a job skills test in its selection procedure. The skills test gives
ABC Company a selection ratio of 80% for men. What is the percentage that selection
of women must reach for there NOT to be a prima facie case for disparate impact on
sex?
A. 64%
B. 75%
C. 80%
D. 100%
54. The EEOC outlined how selection systems can be designed to comply with EEO
laws in the ______.
A. bona fide occupational qualifications
B. Uniform Guidelines on Employee Selection Procedures
C. equitable relief rules
D. executive order
55. According to the ______ rule, one group’s selection ratio may not be less than 80%
of the majority group’s ratio.
A. equitable relief
B. disparate treatment
C. the 4/5ths rule
D. pretext
56. Joni’s coworker, Allan, continuously comments on her appearance being sexy and
calls her names such as “honey, sweetheart, and babe.” Joni has asked Allan to stop
these remarks because they make her uncomfortable but he continues. She even spoke
to her boss about it but nothing has changed. This is an example of ______ under Title
VII.
A. liable
B. discrimination
C. harassment
D. prejudice
57. Caroline promised Steve a promotion in exchange for a sexual encounter. This is an
example of ______ under Title VII.
A. discrimination
B. sexual harassment
C. quid pro quo harassment
D. workplace harassment
58. Karen was on maternity leave from her position as a customer service
representative, which paid salary and commissions. When she returned, she was
assigned to reception duties without her commission. Which act protects Karen?
A. Age Discrimination in Employment Act of 1967
B. Uniform Guidelines on Employee Selection
C. Lilly Ledbetter Fair Pay Act of 2009
D. Pregnancy Discrimination Act of 1978
59. According to the Pregnancy Discrimination Act of 1978, employers are required to
treat pregnancy as any other ______.
A. medical condition
B. injury
C. complaint
D. accommodation
60. Sal and Elizabeth planning for the adoption of their son. They plan to request a
leave from their jobs after the baby comes home. As a human resource professional,
which act would you turn to for information?
A. Pregnancy Discrimination Act (PDA) of 1978
B. Americans with Disabilities Act of 1990
C. Family and Medical Leave Act (FMLA)
D. the Affordable Care Act (ACA)
61. Which act applies to employers with 20 or more workers and prohibits discrimination
based on age?
A. Age Discrimination in Employment Act of 1967 (ADEA)
B. American with Disabilities Act (ADA) of 1990
C. the Affordable Care Act (ACA)
D. Family and Medical Leave Act (FMLA)
62. The Age Discrimination in Employment Act of 1967 applies to people aged ______
and older.
A. 40
B. 55
C. 60
D. 65
63. Charles believes he is experiencing age discrimination at work. Upon doing some
research, he learns that the burden of proof is falls to ______.
A. employees
B. employers
C. human resource
D. managers
64. Jack is 53-years-old and was in a car accident, hit his head, and now has issues
with short-term memory that affects major life activities; however, if he writes things
down he can perform his job functions without issues. His manager finds it frustrating
that Jack needs to stop to write things down and changes the kind of work he is
assigned. As a human resource professional, where would you turn to for information
about how to support Jack?
A. the Affordable Care Act
B. Americans with Disabilities Act of 1990
C. Age Discrimination in Employment Act of 1967
D. Family and Medical Leave Act
65. Florence refuses to answer a question on a job application about her family’s
medical history. The employer tells her that if she does not complete the application in
its entirety, she will not be considered for the job. Which act covers Florence’s claim of
discrimination?
A. Americans with Disabilities Act (ADA) of 1990
B. the Affordable Care Act (ACA)
C. Genetic Information Nondiscrimination Act (GINA) of 2008
D. Family and Medical Leave Act (FMLA)
66. Julie finds out that her pay has been lagging her male peers, even those with less
seniority, for some time now. In addition to Title VII, which other law will you want to
look at to fully address Julie’s claim?
A. the Affordable Care Act
B. Lilly Ledbetter Fair Pay Act of 2009
C. the Age Discrimination in Employment Act of 1967
D. Affirmative Action
67. Before the ______, pay discrimination claims had to be filed within 180 days of the
discriminatory act. Now, the 180-day clock restarts with each paycheck, allowing
employees to file a claim after they find out that discrimination occurred.
A. Uniform Guidelines on Employee Selection Procedures
B. Civil Rights Act of 1991
C. Lilly Ledbetter Fair Pay Act of 2009
D. the Genetic Information Nondiscrimination Act (GINA) of 2008
68. As a human resource professional, it is important to know that the Equal
Employment Opportunity Commission views protection against gender identity and
sexual orientation discrimination as part of ______, even if the U.S. Department of
Justice does not endorse this view.
A. the LGBTQ Act
B. the Affordable Care Act
C. the Title VII’s sex discrimination clause
D. the disparate impact
69. ______ aim to increase hiring and labor participation of groups that suffered from
past discrimination.
A. Bona fide occupational qualifications
B. Equitable reliefs
C. Affirmative Action Plans (AAPs)
D. Marginal functions
70. Most companies shy away from Affirmative Action Plans due to their unpopularity
based on myths about quotas and hiring people who are less qualified because they are
part of an underrepresented group. Instead, most companies prefer to focus on ______.
A. diversity and inclusion
B. human resource analytics
C. protecting LGBTQ workers
D. essential job functions
71. Seth, a human resource manager, wants to ensure that his team and the hiring
managers at the company comply with the Equal Employment Opportunity
Commission’s regulations. What is the first step he should take?
A. start documentation
B. develop an affirmative action plan
C. create policies
D. provide training about legal obligations
72. Each year, Peter’s team conducts a count of all full-time and part-time employees
for each major job category and breaks the count down by ethnicity, race, and sex.
What is the purpose in relation to meeting the expectations of the EEOC and OFCCP?
Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
A. to keep track of the size of the company
B. to file an EEO-1 report
C. to ensure equal representation throughout the company
D. to report to the board of directors about inclusion practices
73. While organizations are liable for unlawful harassment by supervisors, organizations
may protect their employees and limit their legal liability by ______.
A. identifying vulnerable employees early on in their tenure
B. refusing to identify supervisors
C. establishing internal complaint procedures
D. developing affirmative action plans
74. One type of internal audit that is used to achieve equity within an organization is a
______ audit.
A. tax
B. documentation
C. finance
D. pay
Bauer, Human Resource Management, 1e
SAGE Publishing, 2020
True/False
1. In 2017, the majority of the workforce was Caucasian.
2. There are only a couple minor legalities and best practices for organizations to
consider about diversity.
3. A diverse work group may be a recipe for conflict and frustration.
4. An inclusive environment respects everyone’s input regardless of differences.
5. Catherine is a new employee at KLM Company joining the human resource
department. The human resource team is made of a diverse group of people. Catherine
tendency to be drawn to Marjorie, a person of the same gender and race, is expected.
6. Carol is recruiting for a position in the information technology department. She calls
Henry, an older applicant, and is surprised to learn the degree of his expertise in new
and emerging technologies. This is an example of explicit stereotype.
7. Confronting one’s own biases and becoming more aware of how hidden biases affect
organizational decision-making is an essential first step in dealing with them.
8. Removing identifiers from applications is a helpful way of reducing biases during the
interview process.
9. A significant challenge for human resource professionals is keep up with the
continuously changing legal landscape about diversity.
10. If a woman is paid less than a man for the same work, it is up to the organization to
explain why.
11. Most civil rights legislation does not protect men from discrimination. There are
separate laws prohibiting reverse discrimination.
1. Examine the reasons why diversity and inclusion are still a challenge to achieve and
ways to overcome the barriers.
2. Analyze how the Equal Pay Act of 1963 applies to businesses, what would precipitate
a claim, and what the law covers.
3. Title VII prohibits two basic types of discrimination: disparate treatment and disparate
impact. Define and differentiate between these two types of discrimination by providing
examples.
4. Examine the Genetic Information Nondiscrimination Act of 2008 and its implications
for employers.
5. Show the relation between an internal complaint procedure to protect employees
from discrimination and harassment and limiting an organization’s legal liability.
