Q&A Hero

Q: ________ are special employment agencies retained by employers to seek out top-tier management talent for their clients. A) State-run employment agencies B) Temporary agencies C) Executive recruiters D) Job banks

Q: Jackie works as a nurse on temporary assignments for hospitals throughout the region on an as-needed basis. Jackie is ________. A) a contingent worker B) on job rotation C) using job enlargement D) None of the above.

Q: List and explain five things that an employer cannot do with regard to discriminatory employment practices.

Q: What does BFOQ stand for? Explain the rationale behind it.

Q: What are the five sets of voluntary organizational activities that support the success of a diversity management program?

Q: Compare and contrast disparate treatment and disparate impact.

Q: What steps can an employee take to address the problem of harassment?

Q: Some say that even when employers use reasonable care by taking steps to minimize liability for sexual harassment, minimize, or eliminate the occurrence of sexual harassment, and take immediate action once it knows of harassing conduct, it still may not be enough. Why might this be the case?

Q: How can an employer defend itself against sexual harassment liability? Name and describe two methods.

Q: What are the three forms of sexual harassment? Name and describe each one.

Q: Explain the important aspects of Title VII.

Q: List three equal employment laws [for extra credit give the year they were passed].

Q: What are the two types of sexual harassment?

Q: What is sexual harassment?

Q: What legal obligations are required for employers by the Americans with Disabilities Act?

Q: Under the ADA, if a disabled individual cannot perform a job as currently structured, the employer must make a reasonable accommodation unless doing so would present an undue hardship. What might qualify as reasonable accommodation?

Q: What were the three crucial guidelines affecting equal employment legislation that Chief Justice Burger identified in his written opinion on Griggs v. Duke Power Company?

Q: Managing diversity means maximizing diversity's potential advantages while minimizing the potential barriers that can undermine the functioning of a diverse workforce.

Q: EEOC investigators are empowered to act as courts and can conclude discrimination based on their investigations.

Q: The Age Discrimination in Employment Act prohibits discriminating against a person 50 or over in any area of employment because of age.

Q: Employers primarily use a bona fide occupation qualification as a defense against charges of intentional discrimination based on gender.

Q: Under the Civil Rights Act of 1991, disparate impact claims require proof of discriminatory intent.

Q: Adverse impact refers to employment processes that result in more individuals from a protected group being rejected regardless of whether the difference is significant.

Q: In order for discrimination to exist, an employer's intent to discriminate must be established.

Q: To prove sexual harassment, it is necessary to show that the harassment had tangible consequences such as demotion or termination.

Q: The ADA requires employers to have job descriptions in order to document the essential functions of each position.

Q: Mental disabilities like depression account for the greatest number of claims brought under the ADA.

Q: Simply being disabled qualifies someone for a job under the ADA.

Q: The American with Disabilities Act of 1990 does not list specific disabilities.

Q: An employer can avoid liability for discrimination by proving that it would have taken the same action even without the discriminatory motive.

Q: Title VII forbids testing or screening of job applicants because testing could systematically discriminate against some protected classes.

Q: If an employer offers its employees disability coverage, then it must treat pregnancy and childbirth like any other disability and include it in the plan as a covered condition.

Q: The Equal Pay Act of 1963 made it unlawful to discriminate against employees or applicants for employment who are between 40 and 65 years of age.

Q: The most direct way to prove sexual harassment is showing a tangible employment action is dependent on sexual favors.

Q: Verbal conduct of a sexual nature cannot be called sexual harassment.

Q: The Pregnancy Discrimination Act is an amendment to Title VII.

Q: Executive Orders reduce the scope of Title VII.

Q: The EEOC does not have the power to sue on behalf of complainants.

Q: When a job involves an equivalent amount of skills, effort, and responsibility then an employer must give equal pay.

Q: According to the Equal Pay Act, management must pay workers the same under all circumstances.

Q: The establishment of the EEOC assisted the federal government in enforcing equal employment laws.

Q: It is lawful to segregate or classify your employees on the basis of national origin.

Q: Only an aggrieved individual can file discrimination charges against another.

Q: Affirmative action programs should, and usually do, have a top official in charge of development and implementation.

Q: There is no need to develop support for an affirmative action program: They are universally liked.

Q: The EEOC receives and investigates job discrimination complaints from aggrieved individuals.

Q: Changing performance appraisal to include components regarding intergroup conflicts is not helpful in managing diversity.

Q: Voluntary affirmative action programs have the potential to run afoul of the Civil Rights Act of 1991.

Q: There are four steps in an affirmative action program.

Q: Limiting the information given during a response to an employment discrimination charge is advisable.

Q: Diversity programs can lead to increases in business.

Q: White males are still dominating the labor force today.

Q: Workforce diversity can lead to increase in business success.

Q: In Farragher v. City of Boca Raton the employee accused the employer of condoning a hostile working environment.

Q: Which of the following is NOT one of the activities that an organization can use to boost diversity? A) hire all diversity applicants B) adopt strong company policies C) publicize diversity philosophy throughout the company D) take concrete steps to foster diversity at work

Q: ________ aims to ensure that anyone, regardless of race, color, disability, sex, religion, national origin, or age has an equal chance for a job based on his or her qualifications, and requires employers to make an extra effort to hire and promote those in a protected group. A) Equal employment opportunity B) Affirmative action C) Diversity management D) BFOQ

Q: Firms using ________ make an extra effort to hire and promote those in protected groups. A) ethical hiring practices B) affirmative action C) diversity management D) BFOQ

Q: The EEOC describes a ________ as an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination. A) fact-finding conference B) voluntary mediation C) negotiation D) mandatory arbitration

Q: Under the Civil Rights Act of 1991, a discrimination claim must be filed within ________ after the alleged incident took place. A) six months B) one year C) 300 days D) three years

Q: The following may be examples of discriminatory selection standards except: A) educational requirements. B) arrest records when security clearance is necessary. C) height, weight, and physical characteristics. D) None of the above; all may be discriminatory selection standards.

Q: Which of the following recruitment practices could be considered discriminatory? A) word of mouth B) misleading information C) help wanted ads with discriminatory language D) All of the above.

Q: The defense of ________ requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable. A) BFOQ B) business necessity C) adverse impact D) mixed motive

Q: Pictures and Promotions Modeling Studio seeks to hire male models for an upcoming fashion show featuring men's wear. The studio is using ________ as a justification for not considering women for the jobs. A) BFOQ B) ADEA C) EEOC D) None of the above.

Q: Which of the following characteristics could serve as a BFOQ depending on the nature of the job requirements? A) age B) gender C) religion D) All of the above.

Q: Religion may be used as a BFOQ if ________. A) a religious organization requires employees to share their religion B) an employer does not want to honor an employee's religious holidays C) Both A and B. D) Neither A nor B.

Q: ________ refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion. A) Disparate treatment B) Unintentional discrimination C) Adverse impact D) Prima facie

Q: ________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. A) Disparate treatment B) Disparate impact C) Adverse impact D) Prima facie

Q: When harassment is of a serious nature, an employee can consider suing for ________. A) assault and battery B) emotional distress C) compensatory and punitive damages D) All of the above.

Q: In the absence of formal harassment policies, what is the first step an employee should take to address a problem of sexual harassment? A) file a complaint with the local EEOC office B) file a complaint with the human resource director C) write a letter to the accuser D) file a verbal complaint with the harasser and the harasser's boss

Q: Which of the following is not a way an employer can show reasonable care to defend against sexual harassment liability? A) training employees in sexual harassment policies B) instituting a sexual harassment reporting process C) investigating sexual harassment charges promptly D) All of the above are ways of showing reasonable care.

Q: Sally is known as a big flirt around the office. She often makes sexual innuendos to men at work, both co-workers and her subordinates although their work performance has not changed. What form of sexual harassment is this an example of? A) hostile environment created by supervisors B) hostile environment created by co-workers C) hostile environment created by non-employees D) This is not sexual harassment.

Q: Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus's executive assistant, is uncomfortable with the jokes. Eventually, she decided to quit rather than endure the jokes any longer. What form of sexual harassment is Shelley a victim of? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) None of the above; Shelley is not a victim of sexual harassment.

Q: Judy was up for a promotion when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which form of sexual harassment is this? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) hostile environment created by non-employees

Q: All of the following are ways an employee can prove sexual harassment except: A) quid pro quo. B) hostile environment created by supervisors. C) hostile environment created by co-workers. D) hostile environment created by non-employees. E) All of the above are ways an employee can prove sexual harassment.

Q: The greatest number of claims brought under the ADA is related to ________ disabilities. A) learning B) mobility impairments C) mental D) hearing

Q: The ADA prohibits discrimination against ________, those who can carry out the essential functions of the job with or without reasonable accommodation. A) disabled individuals B) qualified individuals C) drug users D) All of the above.

Q: According to the Americans with Disabilities Act, which of the following is NOT considered a disability? A) homosexuality B) voyeurism C) pyromania D) All of the above.

Q: The ________ prohibits employers from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. A) Civil Rights Act of 1991 B) Federal Violence Against Women Act of 1994 C) American with Disabilities Act of 1990 D) Vietnam Era Veterans' Readjustment Assistance Act of 1974

Q: If race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway, a ________ exists. A) third defense option B) business necessity C) defense for liability D) None of the above.

Q: Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job-related for the position in question? A) the plaintiff B) the defense attorney C) the employer D) the EEOC office