Q&A Hero

Q: When conducting a job interview, an interviewer: A) may ask questions regarding health to ensure proper consideration of ADA issues. B) should only ask questions that are clearly related to job performance. C) may ask questions regarding ethnic origin to meet affirmative action requirements. D) should investigate any EEO-related issues observed in the applicant.

Q: The EEOC primarily uses alternative dispute resolution systems to: A) document employee concerns. B) handle cases more quickly. C) comply with employer requests. D) meet federal requirements.

Q: Which of the following is NOT one of the methods Marriott uses to handle employee grievances? A) Assigning a mediator to handle disputes B) Creating an employee hotline for complaints C) Developing a legal team to administer decisions D) Establishing a panel of peers to make binding decisions

Q: A 50-year-old African-American employee has been "carried" by management for years. His substandard performance has been largely ignored because of personal concerns for his family and his supervisor's inability to confront poor performance. Now after seven years, the employee is fired as part of a layoff and files an age- and race-based discrimination suit. The primary way this problem could have been avoided would have been for the company and supervisor to have: A) provided EEOC training to all supervisors. B) established a complaint resolution system. C) documented the employee's work history. D) argued for reverse discrimination.

Q: Many employers are accused of using non-job-related criteria in hiring decisions. The best management practice for an employer to use in refuting this type of allegation would most likely be: A) appropriately documenting the decision. B) providing workers with EEOC training. C) establishing a complaint resolution process. D) being honest with job applicants.

Q: All of the following are most likely results of establishing a complaint resolution process EXCEPT: A) Lowering legal expenses B) Increasing employee morale C) Documenting performance appraisals D) Avoiding EEOC and OFCCP involvement

Q: The best way companies can avoid a number of EEO problems is by: A) providing training. B) employing effective legal departments. C) referring all complaints to the EEOC immediately. D) enlarging the HR department by creating an ombudsman position.

Q: According to your book, which of the following would LEAST likely minimize EEO complaints in organizations? A) Documenting decisions B) Being honest in employee evaluations C) Providing training to employees D) Asking applicants personal questions

Q: The rights of individuals who must take short leaves from their private-sector employers to perform military service are protected by: A) Title VII of the Civil Rights Act of 1964. B) the Civil Rights Act of 1991. C) the Uniformed Service Employment and Reemployment Rights Act of 1994. D) the OFCCP.

Q: Since the passage of the Drug Free Workplace Act of 1988, about ________ of Fortune 200 companies conduct some form of drug testing. A) 43% B) 58% C) 84% D) 98%

Q: The Immigration Act of 1990 served the purpose of: A) reducing the flow of illegal immigrants into the United States. B) requiring employers to verify I-9 documentation from workers. C) making it easier for skilled immigrants to enter the United States. D) requiring immigrants to have family members who are U.S. citizens.

Q: Explain the development of affirmative action plans.

Q: Your text refers to two major regulatory agencies that are responsible for the enforcement of EEO law. Name them and discuss their individual responsibilities and differences.

Q: ________ is an attempt to reach a negotiated settlement between the employer and an employee or applicant in an EEO case.

Q: A strategy intended to achieve fair employment by urging employers to hire certain groups of people who were discriminated against in the past is referred to as ________.

Q: The first step in affirmative action planning is conducting a utilization analysis.

Q: The EEOC investigates complaints, resolves complaints through conciliation, forces employers to pay compensation, and issues regulations and guidelines.

Q: Additional Case 3.2 You have recently been hired as the HR Director of a mid-sized architectural service company that designs buildings for both private firms and federal agencies. Your predecessor lost her job when she did not anticipate and handle an HR-based lawsuit to the CEO's satisfaction. The CEO believes that HRM should help the company avoid problems. As HR Director, you have three primary tasks: to anticipate future problems, advise management, and be an advocate for employees. Your boss doesn't see a conflict in these roles. The upper-management team consists of all males who are over the age of 50. Most of the upper-level managers have been with the company for at least 25 years. Middle managers, who are mostly in their 30s, are 40% female, and 3% minority. Hourly employees are 60% minority and 35% female. The communities from which the firm hires hourly employees is approximately 75% minority and consists primarily of Haitians and Hispanics. You discover many incomplete employee recruitment records that lack I-9 forms. You immediately begin to work on an affirmative action plan because of what you see happening in the company. Refer to Additional Case 3.2. Which of the following would most likely check the firm for compliance with EEO regulations? A) EEOC B) DOJ C) OFCCP D) OSHA

Q: Additional Case 3.2 You have recently been hired as the HR Director of a mid-sized architectural service company that designs buildings for both private firms and federal agencies. Your predecessor lost her job when she did not anticipate and handle an HR-based lawsuit to the CEO's satisfaction. The CEO believes that HRM should help the company avoid problems. As HR Director, you have three primary tasks: to anticipate future problems, advise management, and be an advocate for employees. Your boss doesn't see a conflict in these roles. The upper-management team consists of all males who are over the age of 50. Most of the upper-level managers have been with the company for at least 25 years. Middle managers, who are mostly in their 30s, are 40% female, and 3% minority. Hourly employees are 60% minority and 35% female. The communities from which the firm hires hourly employees is approximately 75% minority and consists primarily of Haitians and Hispanics. You discover many incomplete employee recruitment records that lack I-9 forms. You immediately begin to work on an affirmative action plan because of what you see happening in the company. Refer to Additional Case 3.2. Based on your utilization study of the company, which of the following EEO-related problems does the firm most likely have? A) Minorities are significantly underrepresented in management. B) Women are significantly underrepresented in middle management. C) The firm's hourly workforce does not reflect the labor pool population. D) You are probably in violation of the Vocational Rehabilitation Act.

Q: A utilization analysis looks at which of the following criteria? A) The national population B) Qualified workers in the local labor pool C) The number of potential employees in public schools in the area D) The number of federal contractors in the labor pool area

Q: Which of the following best describes affirmative action in countries other than the United States? A) Affirmative action is virtually non-existent outside of the United States. B) France is one of the few countries that has an affirmative action policy to include all disadvantaged groups. C) A number of countries have created affirmative action programs that are designed to meet the needs of their respective populations. D) Affirmative action laws are common in Western Europe, but very uncommon in eastern and south-eastern countries.

Q: Which legislation would most likely protect an individual from reverse discrimination? A) Civil Rights Act of 1991 B) Vocational Rehabilitation Act of 1973 C) Fair Labor Standards Act D) Title VII of the Civil Rights Act of 1964

Q: Reverse discrimination involves discrimination against: A) nonprotected class members. B) disabled individuals C) protected class members D) women.

Q: In a utilization analysis, you do NOT need to determine the percentage of protected-class members in which of the following groups of people? A) Local population B) Participants in employer-sponsored training programs C) Local labor force D) Unqualified workers in the local labor market

Q: The establishment of an affirmation action plan has three steps. The first is to: A) establish goals and timetables for compliance. B) investigate the claim of discrimination. C) develop action plans to meet federal guidelines. D) conduct a utilization analysis.

Q: Unlike the EEOC, the OFCCP: A) must wait for complaints to be filed before it can act. B) has no enforcement power. C) monitors compliance with its regulations. D) was created by Title VII legislation.

Q: The OFCCP's jurisdiction over discrimination issues is: A) limited to the federal government and its contractors. B) as broad as the jurisdiction of the EEOC. C) limited to cases referred to it by the EEOC. D) tied to affirmative action programs.

Q: Which of the following is NOT a principal EEOC regulation? A) Executive Order 11246 interpretations B) Sex discrimination guidelines C) EEO in the federal government D) Equal Pay Act interpretations

Q: If a complaint is filed with the EEOC, and the EEOC finds no probable cause of a violation of the law, then the EEOC will most likely: A) initiate the conciliation process. B) notify the complainant who may still file a lawsuit. C) initiate litigation anyway. D) refer the case to the OFCCP for appeal.

Q: The number of complaints filed with the EEOC in recent years has: A) declined sharply since 1990. B) shifted towards reverse discrimination cases. C) fluctuated with the state of the economy. D) increased since 1990.

Q: Beau, an agent for the EEOC, has just received a complaint filed by Samar against Universal Pharmaceuticals Corp. What is Beau's first step in processing the complaint? A) To attempt to resolve the case through conciliation B) To inform Universal Pharmaceuticals Corp. of the complaint C) To begin an investigation of the complaint D) To issue a right-to-sue letter to Samar

Q: Which of the following enforces EEO laws? A) Judicial branch B) Executive branch C) U.S. Congress D) State governments

Q: The Americans with Disabilities Act has been called the most significant HRM civil rights legislation in the 1990s. Discuss the essential elements of the act and key terms.

Q: What changes did the Civil Rights Act of 1991 bring to the EEO environment?

Q: The most universally important law for EEO matters is Title VII of the Civil Rights Act of 1964. Review its general provisions, defining key terms.

Q: The federal agency responsible for monitoring and enforcing the laws and executive orders that apply to the federal government and its contractors is referred to as the ________.

Q: ________ is discrimination against a nonprotected-class member resulting from attempts to recruit and hire members of protected classes.

Q: ________ is an action taken to accommodate the known disabilities of applicants or employees so that disabled persons enjoy equal employment opportunity.

Q: Job duties that each person in a certain position must do or must be able to do to be an effective employee are referred to as ________.

Q: The law forbidding employment discrimination against people with disabilities who are able to perform the essential functions of the job with or without reasonable accommodation is the ________.

Q: A policy with which all federal agencies and organizations doing business with the federal government must comply is referred to as a(n) ________.

Q: Fines awarded to a plaintiff in order to punish the defendant are called ________.

Q: ________ is harassment that occurs when sexual activity is required in return for getting or keeping a job or job-related benefit.

Q: A characteristic that must be present in all employees for a particular job is called a(n) ________.

Q: Discrimination that occurs when the equal application of an employment standard has an unequal effect on one or more protected classes is referred to as ________.

Q: ________ is discrimination that occurs when individuals are treated differently because of their membership in a protected class.

Q: ________ is the section of the Civil Rights Act of 1964 that applies to employment decisions and mandates that employment decisions not be based on race, color, religion, sex, or national origin.

Q: The law that requires the same pay for men and women who do the same job in the same organization is called the ________.

Q: Reasonable accommodations provided for disabled employees may include modifying work schedules or reassigning job duties.

Q: The Supreme Court has ruled that an employer must accommodate a disabled job applicant or employee for both essential and marginal job functions.

Q: A disabled individual has either experienced environmental disadvantages or has a physical impairment that limits one or more major life activities.

Q: The ADAAA broadened the definition of a disability and added communicating to the list of major life activities.

Q: The federal law that permits plaintiffs to collect punitive and compensatory damages is the Civil Rights Act of 1991.

Q: Wards Cove Packing vs. Antonio placed the burden of proof of discrimination on the plaintiff, but the Civil Rights Act of 1991 returned the burden of proof to the employer.

Q: Hostile work environment sexual harassment occurs when sexual activity is required in return for keeping a job.

Q: Bona fide occupational qualification is a basic defense that an employer can use in a discrimination case.

Q: The four-fifths rule claims that a practice has an adverse impact if the hiring rate of a protected class is greater than four-fifths that of a majority group.

Q: An important tool for proving a prima facie case of adverse impact is the four-fifths rule.

Q: Policies that have an adverse effect on protected persons may be defended if the policies mandate a regulation that is essential for good job performance.

Q: The Griggs vs. Duke Power case set a legal precedent for responding to disparate treatment in the workplace.

Q: Adverse impact occurs when an employer treats an employee differently because of his or her protected-class status.

Q: A protected class is any group of people who suffered discrimination in the past, such as Asian-Americans, African-Americans, and women.

Q: Title IX prohibits discrimination within educational institutions.

Q: Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964.

Q: Since passage of the Equal Pay Act, the earnings gap between females and males has widened, contrary to the intent of the law.

Q: The primary purpose of the ADA was to implement a national workers' compensation law.

Q: It is permissible to make employment decisions entirely on the basis of race, age, and sex if such actions rectify past inequities.

Q: Title VII prohibits disparate treatment and disparate impact.

Q: Additional Case 3.3 Tyra has been the head of HR at SPI for 20 years. During her time there, she has instituted an internal EEO complaint resolution process and a no-tolerance policy for sexual harassment. Many SPI employees are Asian immigrants, but there are half a dozen countries represented within the company. Such diversity benefits the firm because many of the firm's product manuals are translated into foreign languages. Due to an increase in product demand, SPI needs to hire many new employees. Tyra has received 70 applications for positions in the production department. She hires 60% of the white applicants and 25% of the African-Americans applicants. Refer to Additional Case 3.3. An applicant for a type-setting job at SPI does not meet the minimum qualifications and has a visual impairment that calls for special lighting in order for her see at a functional level. Which of the following adjustments should SPI make in order to serve the applicant? A) The necessary lighting should be made available once the applicant receives the job. B) The necessary lighting needs to be made available once the applicant requests it. C) No adjustment needs to be made because the applicant is not qualified for the position. D) No adjustment needs to be made because the applicant is not legally disabled.

Q: Additional Case 3.3 Tyra has been the head of HR at SPI for 20 years. During her time there, she has instituted an internal EEO complaint resolution process and a no-tolerance policy for sexual harassment. Many SPI employees are Asian immigrants, but there are half a dozen countries represented within the company. Such diversity benefits the firm because many of the firm's product manuals are translated into foreign languages. Due to an increase in product demand, SPI needs to hire many new employees. Tyra has received 70 applications for positions in the production department. She hires 60% of the white applicants and 25% of the African-Americans applicants. Refer to Additional Case 3.3. Ellie, a production assistant at SPI, has been sexually harassed by a male manager. What should be Ellie's first course of action? A) File a complaint with the EEOC. B) Report the harassment to HR and begin the internal complaint resolution process. C) Hire an attorney and file a complaint with OSHA. D) Speak with other employees who may have been harassed.

Q: Additional Case 3.2 You have recently been hired as the HR Director of a mid-sized architectural service company that designs buildings for both private firms and federal agencies. Your predecessor lost her job when she did not anticipate and handle an HR-based lawsuit to the CEO's satisfaction. The CEO believes that HRM should help the company avoid problems. As HR Director, you have three primary tasks: to anticipate future problems, advise management, and be an advocate for employees. Your boss doesn't see a conflict in these roles. The upper-management team consists of all males who are over the age of 50. Most of the upper-level managers have been with the company for at least 25 years. Middle managers, who are mostly in their 30s, are 40% female, and 3% minority. Hourly employees are 60% minority and 35% female. The communities from which the firm hires hourly employees is approximately 75% minority and consists primarily of Haitians and Hispanics. You discover many incomplete employee recruitment records that lack I-9 forms. You immediately begin to work on an affirmative action plan because of what you see happening in the company. Refer to Additional Case 3.2. Which of the following is most likely true about this firm? A) A quid pro quo sexual harassment case could be made against the firm. B) The firm is in compliance with the Immigration Reform and Control Act. C) A prima facie case for discrimination could be made using the four-fifths rule. D) The firm is guilty of reverse discrimination.

Q: Additional Case 3.1 You have been hired as HR Director of a company with about 100 employees. As you begin to learn about the company, you discover that female managers are paid about 20% less than their male counterparts. When you ask why, the CEO explains that men have families to support and women are earning extra income. As you review personnel files, it becomes apparent that protected-class employees are promoted less often and have longer terms between promotions and raises than white employees. A test is used as part of the promotion process, and protected-class candidates always do about 25% worse on it than white candidates. Another test is used to screen job applicants. It screens out about 25% of white male applicants and about 50% of protected-class applicants. The firm has a hazardous products division. Traditionally, women are not hired or promoted into that division because the CEO is concerned that the toxic nature of the production process will adversely affect the female employees' reproductive processes. Refer to Additional Case 3.1. As HR Director, you should most likely inform the CEO that the company policy prohibiting women from working in the hazardous waste products division is: A) a wise company policy to limit potential liability from women filing suit over birth defects. B) well-meaning but illegal due to the 1978 amendment to Title VII of the Civil Rights Act. C) illegal according to the Supreme Court decision of Griggs vs. Duke Power. D) creating an adverse impact on women employees.

Q: Additional Case 3.1 You have been hired as HR Director of a company with about 100 employees. As you begin to learn about the company, you discover that female managers are paid about 20% less than their male counterparts. When you ask why, the CEO explains that men have families to support and women are earning extra income. As you review personnel files, it becomes apparent that protected-class employees are promoted less often and have longer terms between promotions and raises than white employees. A test is used as part of the promotion process, and protected-class candidates always do about 25% worse on it than white candidates. Another test is used to screen job applicants. It screens out about 25% of white male applicants and about 50% of protected-class applicants. The firm has a hazardous products division. Traditionally, women are not hired or promoted into that division because the CEO is concerned that the toxic nature of the production process will adversely affect the female employees' reproductive processes. Refer to Additional Case 3.1. For your company's recruiting test to pass the four-fifths rule, about ________ of employees would need to pass it. A) 40% B) 50% C) 60% D) 75%

Q: Additional Case 3.1 You have been hired as HR Director of a company with about 100 employees. As you begin to learn about the company, you discover that female managers are paid about 20% less than their male counterparts. When you ask why, the CEO explains that men have families to support and women are earning extra income. As you review personnel files, it becomes apparent that protected-class employees are promoted less often and have longer terms between promotions and raises than white employees. A test is used as part of the promotion process, and protected-class candidates always do about 25% worse on it than white candidates. Another test is used to screen job applicants. It screens out about 25% of white male applicants and about 50% of protected-class applicants. The firm has a hazardous products division. Traditionally, women are not hired or promoted into that division because the CEO is concerned that the toxic nature of the production process will adversely affect the female employees' reproductive processes. Refer to Additional Case 3.1. As the HR Director, you are meeting with the CEO to discuss manager compensation. You should most likely advise the CEO that: A) the company is in violation of Title VII of the Civil Rights Act of 1964. B) the firm faces legal liability for violations of the Equal Pay Act of 1963. C) the OFCCP is probably monitoring the firm's lack of compliance and will soon be filing a lawsuit. D) what the company is doing isn't right, but it is legal since it started before the passage of relevant legislation.

Q: When creating an affirmative action plan, the central concern is: A) determining how many of each protected class to hire. B) determining how much preference to give members of the underutilized protected class. C) analyzing the impact of the plan on nonprotected classes in light of recent court decisions regarding reverse discrimination. D) setting up the appropriate barriers to nonprotected class applicants.

Q: Once the utilization analysis has been completed, what is the next step in developing an affirmative action plan? A) Setting goals for correcting the underutilization of protected class groups B) Recruiting protected-class members for available positions C) Redesigning jobs so that underrepresented workers are more likely to be qualified D) Determining the percentage of protected classes in the available labor market

Q: Which of the following is required to have an affirmative action plan? A) International corporations B) Private firms with at least 100 employees C) Government agencies D) Private firms with at least 25 employees

Q: Your business is a government contractor. To begin your affirmative action plan, you start with a utilization analysis. What is your first step in conducting this analysis? A) Determining the percentage of protected classes in the available labor market B) Dividing all of the jobs in your business into classifications C) Assessing the percentage of persons from all protected classes working in your business D) Determining if your company is violating the four-fifths rule

Q: The Vietnam Era Veterans Readjustment Act: A) prohibits federal contractors from discriminating against Vietnam-era veterans. B) prohibits all employers from discriminating against Vietnam-era veterans. C) added military service to the Civil Rights Act of 1964 as a criterion for protected classes. D) instituted drug testing and opened the door for later drug testing of all employees.

Q: The legislation that laid the foundation for the Americans with Disabilities Act was the: A) Vocational Rehabilitation Act. B) Civil Rights Act of 1964. C) Age Discrimination in Employment Act. D) Equal Pay Act.