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Q:
Mack does not get a job that he is highly qualified for because the company has to appoint an individual from a minority group as part of the federal policy. The person being appointed is less qualified than Mack. This is an example of:
A. disparate treatment.
B. affirmative action.
C. reverse discrimination.
D. retaliation.
E. business necessity defense.
Q:
California's Proposition 209:
A. requires affirmative action in all government hiring.
B. prohibits affirmative action in public employment.
C. requires affirmative action plans of all businesses engaged in interstate commerce.
D. was overturned on appeal by the Supreme Court.
E. affects private employer affirmative action plans required by federal law.
Q:
Affirmative action:
A. is the same thing as setting a quota.
B. is prohibited by the 1991 Civil Rights Act amendments.
C. requires that federally contracting employers recruit members of minority groups being underused in the workforce.
D. requires that all employers hire members of minority groups being underrepresented in the labor force.
E. states that the act of hiring for a discriminatory reason is apparently illegal.
Q:
The _____ requirement means that federally contracting employers must hire members of these groups when there are fewer minority workers in a given job category than one could reasonably expect, considering their availability.
A. disparate treatment
B. affirmative action
C. reverse discrimination
D. retaliation
E. business necessity defense
Q:
With regard to the Equal Pay Act, courts have recognized that "equal" means:
A. identical.
B. indistinguishable.
C. substantially equal.
D. vaguely equal.
E. similar.
Q:
Which of the following specifically prohibit the practice of race norming of employment tests?
A. The Civil Rights Act of 1924
B. The Civil Rights Act of 1964
C. The Civil Rights Act amendments of 1991
D. The EEOC through an administrative regulation
E. The Civil Rights Act of 1957
Q:
Which of the following is an example of "race norming"?
A. Setting a quota designed to balance the black/white percentage of an employer's workforce.
B. Conducting lessons in the English language for non-English-speaking employees to further effective communications.
C. Designing an employment test and setting the passing score for white job applicants at 75 percent and the passing score for the minority job applicants at 65 percent.
D. Firing white employees to make room for new African-American hires.
E. Providing more promotion opportunities to members of a particular race at the expense of the others.
Q:
Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking him to go anywhere. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting Kathy's behavior:
A. the school would win because a woman cannot harass a man and Mike should be flattered rather than upset.
B. the school would win because Mike and Kathy are on the same employment level and Mike cannot be truly harassed unless Kathy has the ability to impact his job status, which she does not.
C. Mike would win if he had previously complained to the school and they had done nothing to stop the harassment.
D. Mike would win because regardless of notice, the employer is per se liable for any improper activity that occurs on the job and it is their responsibility to know what is happening on their premises.
E. the school would win because Mike does not suffer from any economic loss due to Kathy's behavior.
Q:
The Pregnancy Discrimination Act:
A. covers only married pregnant women.
B. provides for medical coverage in case of medical complications arising from voluntary abortions.
C. requires than an employer specify how long a leave of absence be taken after childbirth.
D. bars a pregnant woman from all other benefits provided for employees if she undergoes an abortion.
E. bars the inclusion of the pregnancies of male employees' wives in the employer's health insurance plan.
Q:
Since the passage of the Pregnancy Discrimination Act, employers with health or disability plans must:
A. cover all abortions.
B. allow a stated mandatory leave of absence following birth.
C. cover the wives of male employees as it does female employees.
D. ensure a pay cut for employees availing pregnancy leave.
E. cover only voluntary abortions.
Q:
With regard to employer provided health and disability plans:
A. an employer that provides childbirth benefits to married women may deny the same to single mothers if the employer finds single motherhood morally objectionable.
B. if a female employee undergoes an abortion, the abortion may be excluded from coverage but the employee is still entitled to other benefits such as sick leave.
C. an employer's plan that covers childbirth for female employees excludes coverage for wives of male employees.
D. an employer is not required to provide abortion coverage even if the employee's life is endangered.
E. an employer can specify how long a leave of absence must be taken after childbirth.
Q:
Discrimination in pay is allowed if:
A. it arises from a piecework production system.
B. the discrimination is confidential.
C. it is based on personal characteristics.
D. the salary is not in U.S. dollars.
E. it is based on gender.
Q:
Anna files a lawsuit against her employers on the grounds of hostile work environment. Ed, a black co-worker of Anna's, is interviewed by the EEOC to investigate Anna's claim. During the interview, Ed supports Anna's complaint, verifying each of her claims as being true. When management hears that Ed has cooperated with the EEOC and given damning testimony against the company, they transfer him to their facility at International Falls, MN. Ed's salary remains the same as does his job title. The standard of living in International Falls is much lower than where he lives now. Which of the following is true?
A. Ed is a victim of disparate treatment.
B. Ed is a victim of disparate impact.
C. Ed is a victim of retaliation.
D. Ed has no cause for action because his salary and job title have not been affected.
E. Ed has no cause for action as the organization reserves the right to transfer its employees according to its requirements.
Q:
With respect to an employee's religious beliefs, an employer must:
A. do exactly as the employee expects.
B. make reasonable accommodation.
C. accommodate the employee even if it creates undue hardship to the employer.
D. do nothing; religion is not a workplace issue.
E. accommodate the employee even if it means inconveniencing other employees.
Q:
Making offensive remarks about looks, telling lewd jokes, or engaging in suggestive touching are all examples of:
A. quid pro quo.
B. hostile work environment.
C. felony.
D. prejudice.
E. defamation.
Q:
Maria has filed a sexual harassment suit against her employer. She states in the suit that she is often subjected to jokes about her Hispanic heritage. She has also complained that the male employees are frequently staring at her and commenting on her figure in an offensive and provocative way. Maria's job evaluations have been excellent both before and after her complaints and she has received regular merit raises. Personally, she has trouble sleeping at night, has lost much of her appetite, and is often depressed due to harassment at work. Which of the following is true?
A. Maria is a victim of quid pro quo harassment.
B. Maria is a victim of hostile environment harassment.
C. Maria is a victim of retaliatory treatment.
D. Maria has no cause of action because her job has not been impacted.
E. Maria is a victim of race norming.
Q:
Under Title VII, sexual harassment:
A. requires a quid pro quo situation.
B. must be between an employee and a supervisor to be actionable.
C. can be the creation of a hostile work environment based on unwanted sexual comments.
D. can occur only if the people involved are of opposite sexes.
E. can occur only if there is the question of economic loss.
Q:
Halle notices that there are unfair pay practices going on at her company wherein whites are being paid higher than African Americans for the same job. She files a complaint because she feels the company is not following the law. The company does not take kindly to the complaint. Halle is demoted, her staff has been taken away from her, and she is forced to take a salary cut. This is an example of:
A. affirmative action.
B. disparate impact.
C. reverse discrimination.
D. retaliation.
E. business necessity defense.
Q:
An employee must file charges of illegal discrimination with the EEOC within _____ days after the unlawful practice occurred.
A. 90
B. 120
C. 180
D. 365
E. 60
Q:
The business necessity defense is a defense to suits:
A. alleging disparate treatment.
B. alleging disparate impact.
C. regarding the ADA.
D. arising from HIPAA.
E. arising from GINA.
Q:
An airline has an opening for a pilot for its fleet of jumbo jets. It stipulates that the candidates applying for the job must be at least five feet ten inches tall. The airline states that the aircraft can be safely and efficiently operated only by persons who can easily reach all of the controls in the cockpit. Passenger safety is the prime concern of the airline, and pilots must be a certain height to operate the aircraft. In this case, height is a valid requirement, and using it does not violate the employment discrimination laws. This is an example of:
A. disparate treatment.
B. disparate impact.
C. reverse discrimination.
D. affirmative action.
E. business necessity defense.
Q:
All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT:
A. treat complaints seriously as soon as they are made.
B. be sure managers and other employees know and follow the company's policies on discrimination.
C. follow-up with the complainant, including explaining how the company will address the problem.
D. take adverse action against a complainant based on information obtained in the investigation.
E. create an atmosphere in which the complainant and others with information feel comfortable coming forward with information.
Q:
The members of the Equal Employment Opportunity Commission (EEOC) are:
A. appointed by the Senate on the recommendation of the president.
B. appointed by the president, with the advice and consent of the House of Representatives.
C. elected by the people.
D. appointed by the House of Representatives on the recommendation of the president.
E. appointed by the president, with the advice and consent of the Senate.
Q:
Under the 1991 Civil Rights Act amendments, _____ damages include damages for the pain and suffering of discrimination.
A. punitive
B. speculative
C. nominal
D. restitutionary
E. compensatory
Q:
A supervisor has 10 employees (five men and five women) who have the same job titles and same work responsibilities. He refuses to let the female employees bid on overtime assignments because he thinks they should be home at 5 p.m. to get dinner ready. This is an example of:
A. reverse discrimination.
B. business necessity defense.
C. retaliation.
D. disparate impact.
E. disparate treatment.
Q:
Interpreting Congressional intent, which of the following is never a BFOQ?
A. Race
B. Sex
C. Religion
D. National origin
E. Sexual orientation
Q:
The EEOC was created by the:
A. Civil Rights Act of 1964.
B. 1972 Equal Employment Opportunity Act.
C. Americans with Disabilities Act.
D. Age Discrimination in Employment Act.
E. Civil Rights Act of 1991.
Q:
In 1991, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person to be up to:
A. $100,000.
B. $250,000.
C. $300,000.
D. $1 million.
E. $400,000.
Q:
_____ mark(s) the first significant federal limitation on the relatively unrestricted right of employers to hire and fire.
A. The Civil Rights Act of 1866
B. Passage of labor law in the 1920s and 1930s
C. The Civil Rights Act of 1964
D. Executive orders from President Franklin Roosevelt
E. Executive orders in the 1950s
Q:
A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due to their poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is quashed. Here, the defense of the federal government is on the grounds of:
A. undue hardship.
B. inculpatory evidence.
C. exclusionary rule.
D. circumstantial evidence.
E. bona fide occupational qualifications.
Q:
Eva has opened a women's-only health spa. She requires 21 employees and has so far hired 20 employees. Sixteen of the hires are women. Four are men who do overnight custodial and maintenance work when the spa is closed. Eva puts an ad in the paper for a locker room attendant and Jack applies for the job. When Eva tells Jack that she will only hire a woman, Jack sues for discrimination based on sex. Which of the following is true?
A. Jack wins under Title VII if he can show that he is capable of doing locker room attendant functions.
B. Jack wins because men are under represented at the spa and so affirmative action requires that Eva must hire men to set right the imbalance.
C. Eva wins because it is her facility and she can hire and fire whoever she wants.
D. Eva wins because it is likely that she can show that being female is a BFOQ for the position.
E. Jack wins as this act promotes one gender at the cost of the other which is a case of gender discrimination under Title VII.
Q:
Which employers are covered under the Genetic Information Nondiscrimination Act?
A. Employers with 15 or more employees
B. Government contractors
C. Government contractors with 250 employees
D. All employers regardless of size or government affiliation
E. Private contractors
Q:
State antidiscrimination laws cannot protect categories of persons not stipulated by federal law.
Q:
Agreements that mandate binding arbitration of discrimination claims as a condition of employment are concordant with the fundamental principles of antidiscrimination laws.
Q:
A typical state act makes it an unfair employment practice for any employer to refuse to hire any individual because of his/her ancestry.
Q:
The Fair Employment Practices Commission has the power to make rules and regulations and hear and decide charges of violations filed by complainants.
Q:
Under the Americans with Disabilities Act (ADA), compensatory and punitive damages are available for policies that have disparate impact.
Q:
The Genetic Information Nondiscrimination Act (GINA) establishes a federal baseline for protection against employment discrimination based on genetic information.
Q:
The Health Insurance Portability and Accountability Act (HIPAA) primarily prevents discrimination against individual employees in small businesses.
Q:
The Health Insurance Portability and Accountability Act (HIPAA) applies to individuals who purchase individual health insurance.
Q:
Federal laws concerning equal employment opportunity specifically prohibit state laws from imposing additional duties and liabilities.
Q:
The 1991 Civil Rights Act amendments prohibit the setting of quotas in employment.
Q:
A successful plaintiff in an Age Discrimination in Employment Act (ADEA) action cannot recover money damages from a state entity.
Q:
Willful violations of the Age Discrimination in Employment Act entitle victims to triple damages.
Q:
Undue hardship can be a reason for an employer not making reasonable accommodation for disabled employees.
Q:
Title VII prohibits discrimination against employees based on their sexual orientation.
Q:
Some states have passed laws protecting employees on the basis of sexual orientation; however, none to date have enacted gender identity protections.
Q:
Setting a passing score for Asians at 80 out of 100 and a passing score of 60 out of 100 for all other applicants is an example of race norming.
Q:
Businesses with fewer than 250 employees and federal contracts under $1 million do not have to prepare written affirmative action plans for hiring women and minorities.
Q:
If the employer stops a pregnant employee from working because the employer truly believes that it is in the best interests of the mother and baby, the employer has not violated the Pregnancy Discrimination Act even if the employee is capable and willing to continue working.
Q:
Refusing to hire people because of a poor credit rating, when minorities are disproportionately affected, would be an example of disparate impact on race.
Q:
Discrimination against vegetarians could result in successful EEOC religious discrimination suits.
Q:
EEOC guidelines allow employers to classify jobs as male or female, as well as to have male and female seniority lists.
Q:
A charge establishing sexual harassment grounds may exist even if no economic loss is shown.
Q:
Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered.
Q:
Under the Equal Employment Opportunity Act of 1972, the EEOC can file a civil suit in a federal district court and represent a person charging a violation of the Act.
Q:
Even if the plaintiff proves disparate treatment, the defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job.
Q:
When enacting the Civil Rights Act of 1964, Congress clearly intended to preempt states' fair employment laws.
Q:
In a disparate impact suit, the plaintiff must convince the court that the employer intentionally discriminated against the plaintiff.
Q:
The 1991 Civil Rights Act amendments state that the showing of a statistically imbalanced workforce is not enough in itself to establish a violation of Title VII.
Q:
The affirmative act of hiring for a discriminatory reason is illegal.
Q:
It is not within the rights or authority of shareholders to file global warming related resolutions directing board members or officers to analyze and/or report on environmental issues.
Q:
According to the Kyoto Protocol, the United States would be at an economic disadvantage as business production might also relocate in developing countries like China and India, which the Kyoto Protocol does not require to reduce greenhouse gas emission.
Q:
The destruction of the world's rainforests is occurring primarily on privately owned land because it is more difficult to enforce the laws in private property ownership cases.
Q:
The emissions trading approach to pollution management is a property approach.
Q:
The increase in global carbon dioxide levels since 1960 is largely due to the burning of fossil fuels such as oil and coal.
Q:
A nationwide Wall Street Journal/NBC News survey found that most people believed that there should be less environmental regulation.
Q:
Under the Kyoto Protocol, industrialized nations are supposed to lower greenhouse gas emission below 1990 levels.
Q:
In cases of strict liability tort, finding of fault or failure of reasonable care on the defendant's part is necessary.
Q:
Landfills are the primary disposal site for household solid waste, but not business solid waste.
Q:
Machinery used in solid waste disposal can be subject to the regulation of the Noise Control Act.
Q:
The Resource Conservation and Recovery Act assures proper hazardous waste disposal through the manifold system.
Q:
Banks that hold a mortgage on land that turns out to have a toxic waste site subject to the Superfund rules are not liable for the cleanup.
Q:
Under the Endangered Species Act, you are in violation if you harass an endangered animal without otherwise causing it, or its habitat, physical harm.
Q:
The Endangered Species Act requires courts and regulators to take economic factors into consideration in applying the Act's provisions.
Q:
U.S. pesticide companies can sell internationally what they cannot sell in the United States.
Q:
Under the Solid Waste Disposal Act, the main responsibility for nontoxic waste management rests with federal management.
Q:
The point-source approach provides businesses with economic incentives to discover new methods of control.
Q:
The EPA does not regulate indoor air pollution under the Clean Air Act.
Q:
The prevention of significant deterioration policy is criticized on the grounds that it prevents industry from moving into areas where air quality is cleaner than standards require.