Human resource management gaining a competitive advantage 9th edition test bank solutions

Section 1982 of the Civil Rights Act granted all persons the same property rights as white AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learni

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Human Resource Management Gaining A Competitive Advantage 9th Edition Test Bank Solutions

Chapter 03 The Legal Environment: Equal Employment Opportunity and Safety

True / False Questions

1 Each branch of the U.S government (legislature, executive, and judiciary) has its own area of

authority, and these areas do not overlap

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4 Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens

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11 Disparate treatment exists when individuals in similar situations are treated differently and the

different treatment is based on an individual's race, color, religion, sex, national origin, age, or

disability status

True False

12 In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden

of proving that the plaintiff was wrong in suing him

True False

15 Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than

45 percent of the hiring rate for the majority group

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18 Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity

23 The Occupational Safety and Health Act assigned the responsibility for inspecting employers,

applying the standards, and levying fines to the Department of Health

True False

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25 The job hazard analysis technique is a breakdown of each job into basic elements, each of which is rated for its potential for harm or injury

B Committee on Indian Affairs

C Select Committee on Ethics

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29 The executive branch of the federal government:

A consists of bodies like the Select Committee on Ethics

B consists of the House of Representatives and the Senate

C adjudicates criminal cases

D passes laws such as the Civil Rights Act

E consists of the president and the many regulatory agencies the president oversees

30 The _ has the power to veto any law passed by Congress

A President pro tempore of the Senate

B Secretary of State

C Attorney general

D President of the United States

E Speaker of the House

31 Which of the following directives can be issued by the president?

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33 Which of the following serves as the court of final appeal?

E National Labor Relations Board

36 If neither party is satisfied with the National Labor Relations Board's decision, the parties can take the case to the _ for review

A Court of Appeals

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37 Section 1982 of the Civil Rights Act passed in 1886 granted all persons the _

A same property rights as white citizens

B right to carry weapons for self-defense

C right to sue governmental authorities

D freedom to elect members of Parliament

E freedom from cruel and unusual punishments

38 Section 1981 of the Civil Rights Act of 1866 granted individuals the _

A freedom from cruel and unusual punishments

B right to carry weapons for self-defense

C right to sue governmental authorities

D right to enter into and enforce a contract

E freedom to elect members of Parliament

39 Which of the following legislations mandates affirmative action in the employment of individuals with disabilities?

A Rehabilitation Act of 1973

B Lilly Ledbetter Fair Pay Act

C Pregnancy Discrimination Act

D Pendleton Act

E Civil Rights Act of 1871

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40 Which of the following congressional legislations requires contractors and subcontractors that receive more than $2,500 annually from the federal government to engage in affirmative action for individuals with disabilities?

A Title VII of the Civil Rights Act

B Equal Pay Act

C Vietnam Era Veteran's Readjustment Act

D Vocational Rehabilitation Act

E Pregnancy Discrimination Act

41 Which of the following states that it is illegal for an employer to refuse to hire an individual or

otherwise discriminate against this individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin?

A Unlawful Corporate Payments Act of 1977

B Federal Employers' Liability Act

C Executive Order 11246

D Executive Order 1148

E Title VII of the Civil Rights Act of 1964

42 The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of _

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43 Which of the following is responsible for enforcing the Age Discrimination in Employment Act?

A Equal Employment Opportunity Commission

B Office of Federal Contract Compliance Programs

C U.S Department of Commerce

D Independent Regulatory Commission

E U.S Department of Labor

44 The Vocational Rehabilitation Act of 1973 is enforced by the _

A Office of Federal Contract Compliance Programs

B U.S Department of Health

C Equal Employment Opportunity Commission

D U.S Department of Commerce

E Employment Standards Administration of the Department of Labor

45 Under the Americans with Disabilities Act of 1990, what is the damage limit for a firm that employs 14

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47 Which of the following is a disability under the Americans with Disabilities Act?

A Office of Federal Contract Compliance Programs

B U.S Office of Personnel Management

D United States Court of Federal Claims

E U.S Department of Commerce

50 Executive order 11478 requires the federal government to:

A prevent reverse discrimination by abolishing affirmative action

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51 The U.S Office of Personnel Management is in charge of the:

A executive order 11246

B Pregnancy Discrimination Act

C executive order 11478

D Equal Pay Act of 1963

E Americans with Disabilities Act

52 Which of the following agencies is responsible for enforcing Title VII of the Civil Rights Act and the Americans with Disabilities Act?

A U.S Department of Commerce

B Equal Employment Opportunity Commission

C Office of Federal Contract Compliance Programs

D U.S Department of Labor

E U.S Office of Personnel Management

53 Which of the following agencies is responsible for investigating and resolving discrimination complaints, gathering information, and issuing guidelines?

A Equal Employee Opportunity Commission

B U.S Department of Labor

C Office of Federal Contract Compliance Programs

E Labor Commission

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54 Individuals who feel they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency within _ days of the incident

55 After the Equal Employment Opportunity Commission (EEOC) has taken responsibility for

investigating a claim of discrimination, the complainant must give the EEOC _ days to investigate the complaint

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57 Which of the following best describes the consent decree that the Equal Employment Opportunity Commission (EEOC) enters into with an organization that has been found to be discriminating?

A It is a decree that permits a victim to sue the organization that has victimized him/her based on color, religion, gender or place of birth

B It is a decree through which the organization agrees to furnish the details regarding the extent of diversity amongst its staff

C It is a decree through which the organization accepts it has committed discrimination without imposing any requirements to prevent discrimination in the future

D It is an agreement between the EEOC and the organization that the organization will cease certain discriminatory practices

E It is an agreement that binds the organization to respect the rights of its employees to give consent

to the nature of conditions at the workplace

58 Each year organizations with a minimum of _ employees must file an EEO-1 report with the Equal Employment Opportunity Commission

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60 Which of the following agencies or institutions is responsible for enforcing the executive orders that cover companies doing business with the federal government?

A U.S District Court

B Office of Federal Contract Compliance Programs

E Centre for Civil and Human Rights

61 The _ compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply

A compare the race, sex, and ethnic composition of an employer's workforce with that of the

available labor supply

B specify the amount that an organization has spent to train an employee

C define whether an employee can be a member of any of the labor unions

D specify the percentage of women and minorities that an employer seeks to have in each job group

E define the minimum standards that an employee should have to be part of an organization

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63 The written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups is called a(n) _

E list of action steps

64 Which of the following is the Office of Federal Contract Compliance Programs' most potent weapon and its last penalty?

A Virgo deals in building equipment that requires a certified welder and Jason is a certified welder

B Virgo deals in building equipment that requires a certified welder and Robert is a certified welder

C Virgo has had a history of discrimination

D Virgo has never had a history of discrimination

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66 Michael and Mohammad graduated from the same pilot training institute and applied for a job as a trainee pilot at a private American airline Despite both having similar profiles, Michael was hired but Mohammad was not, and the airline continued to look for other potential trainee pilots In this case, Mohammad is a possible victim of:

67 The director of a movie auditions only white males to play the role of Abraham Lincoln in a

biographical film on Lincoln's life This is an example of:

A reasonable accommodation

B disparate treatment

C quid pro quo

D bona fide occupational qualification

E disparate impact

68 In a _ case, the defendant acknowledges that some discrimination may have occurred but argues that the same hiring decision would have been reached even ignoring the discrimination

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69 _ occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities

70 A hotel in Florida has instituted a policy to hire individuals living in close proximity to the hotel

premises to reduce instances of employees coming in late As the area surrounding the hotel is predominantly populated with individuals of Hispanic origin, the Caucasian and African-American communities became underrepresented in the hotel's workforce This is an example of:

A The discriminating individual's intent is irrelevant in disparate treatment

B For there to be discrimination under disparate treatment, there has to be intentional discrimination

C A selection practice that results in disparate impact is necessarily illegal in nature

D The four-fifths rule for discrimination is not applicable to disparate impact

E In a disparate impact case, the defendant is required to pay compensatory and punitive damages

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72 Under _, intent is irrelevant

73 Which of the following rules states that an employment test has disparate impact if the hiring rate for

a minority group is less than eighty percent of the hiring rate for the majority group?

E Business necessity rule

74 Which of the following analyses uses the difference between the expected representation for minority groups and the actual representation to determine whether the difference between these two values

is greater than would occur by chance?

A Utilization rule

B Mixed-motive rule

C Prima facie rule

D Standard deviation rule

E Four-fifths rule

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75 According to the Civil Rights Act of 1991, once the plaintiff has made a prima facie disparate impact case, the _

A defendant is punished for engaging in discrimination

B plaintiff is asked to present witnesses for his case

C defendant is asked to pay punitive damages

D burden of proof shifts to the defendant

E defendant is freed from conviction for discrimination

76 In showing class action _ lawsuits, the plaintiffs show some statistical disparities between the composition of some group within the company compared to some other relevant group

E quid pro quo

77 If a plaintiff feels that there are individual acts of intentional discrimination in his firm that have led to a statistical disparity in the firm, and this disparity is a function of a larger culture of discrimination Which of the following lawsuits is he most likely to file?

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78 Which of the following refers to an organization's efforts to make usable facilities readily accessible to individuals with disabilities?

A Disparate treatment

B Disparate impact

C Reasonable accommodation

D Pattern and performance

E Quid pro quo

79 Which of the following acts states that employers cannot retaliate against employees for either

"opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice?

A Equal Pay Act

B Fair Labor Standards Act

C Lilly Ledbetter Fair Pay Act

D Title VII of the Civil Rights Act of 1964

E Vocational Rehabilitation Act

80 Jane has resisted advances from her male boss, who is interested in pursuing a sexual relationship with her In addition, he has been withholding her promotions for more than a year for this reason alone Jane can sue her boss for _

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81 Jake is the manager at a restaurant and offers to promote Linda, a waitress at the same restaurant, in return for sexual favors This is an example of _

E quid pro quo harassment

82 Anna's boss terminated her employment because she did not submit to his sexual advances Anna is

A disparate treatment

B disparate impact

C glass ceiling

D quid pro quo

E hostile working environment

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84 Which of the following is a form of sexual harassment that involves employees using offensive sexually explicit language, or using sex-related jokes or innuendoes in conversations?

E Hostile working environment

85 The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the _

A Department of Health

B National Institute for Occupational Safety and Health

C Centre for Disease Control and Prevention

D Occupational Safety and Health Review Commission

D first aid clause

E national consensus clause

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87 Bloom Corp is a firm whose workers work in an old facility; its employees request a government inspection to ensure that they are not exposed to any hazardous materials while working in the facility Which of the following acts gives them the right to do so?

A Rehabilitation Act

B Civil Rights Act

C Occupational Safety and Health Act

D Equal Pay Act

E Title VII of Civil Rights Act

88 The Occupational Safety and Health Act requires employers to keep records of deaths, injuries, and illnesses if they have _ or more full-time or part-time employees

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90 The _ is an analysis methodology that helps managers determine which specific element of a job led to a past accident

A domino analysis

B technic of operations review

C job hazard analysis technique

D multilinear events sequencing

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93 What are the components of an affirmative action plan?

94 Distinguish between disparate treatment and disparate impact

95 Define the four-fifths rule and the standard deviation rule

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96 What are the three things that a plaintiff attempts to show in a class action pattern and practice lawsuit?

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99 Discuss the four major components of an Occupational Safety and Health Act inspection

100.Discuss the three primary components to a safety awareness program

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Chapter 03 The Legal Environment: Equal Employment Opportunity and

True / False Questions

AACSB: Analytic Accessibility: Keyboard Navigation

Blooms: Remember Difficulty: 1 Easy

Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of

human resource management Topic: The Legal System in the United States

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2 The United States president has the power to veto any law passed by Congress

TRUE

The U.S president has the power to veto any law passed by Congress, thus ensuring that few laws are passed without presidential approval—which allows the president to influence how laws are written

human resource management Topic: Executive Branch

3 The National Labor Relations Board (NLRB) is a quasi-judicial agency

TRUE

Quasi-judicial agencies, such as the National Labor Relations Board (or NLRB, which is actually

an arm of the executive branch, but serves a judicial function), hear cases regarding their

particular jurisdictions (in the NLRB's case, disputes between unions and management)

human resource management Topic: Judicial Branch

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4 Section 1982 of the Civil Rights Act granted all persons the same property rights as white

Learning Objective: 03-02 List the major federal laws that require equal employment opportunity and the protections provided by

each of these laws Topic: Congressional Legislation

5 The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant

FALSE

As per the Pregnancy Discrimination Act, pregnancy-related benefits cannot be limited to married employees, and if an employer provides any benefits to workers on leave, they must provide the same benefits for those on leave for pregnancy-related conditions

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6 Conditions such as obesity and substance abuse are covered under the Americans with

7 Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin and applies only to federal contractors and subcontractors

FALSE

President Richard Nixon issued executive order 11478, which requires the federal government to base all its employment policies on merit and fitness, and specifies that race, color, sex, religion, and national origin should not be considered

each of these laws

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8 The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines

TRUE

An independent federal agency, the EEOC is responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the Americans with Disabilities Act The EEOC has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines

Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing

equal employment opportunity laws Topic: Equal Employment Opportunity Commission

9 Individuals who feel they have been discriminated against must file a complaint with the EEOC at any time after the incident

FALSE

Individuals who feel they have been discriminated against must file a complaint with the EEOC or

a similar state agency within 180 days of the incident Failure to file a complaint within 180 days results in the case being dismissed immediately, with certain exceptions

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10 As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted

TRUE

As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when (1) a discriminatory

compensation decision is adopted; (2) an employee becomes subject to the decision; or (3) an employee is affected by its application, including each time compensation is paid

11 Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on an individual's race, color, religion, sex, national origin, age, or disability status

TRUE

Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status

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12 In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him

Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories

to different discrimination situations Topic: Disparate Treatment

13 A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification

TRUE

A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification (BFOQ) For example, if one were hiring an individual to hand out towels in a women's locker room, being a woman might

be a BFOQ

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14 In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive

FALSE

In a mixed-motive case, the defendant acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive

15 Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group

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16 The standard deviation rule uses the mode of the distribution to determine disparate impact

FALSE

The standard deviation rule uses actual probability distributions to determine adverse impact This analysis uses the difference between the expected representation (or hiring rates) for minority groups and the actual representation (or hiring rate) to determine whether the difference between these two values is greater than would occur by chance

to different discrimination situations

Topic: Disparate Impact

17 Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts

FALSE

Rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively do something to accommodate an individual's disability or religion

to different discrimination situations Topic: Reasonable Accommodation

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18 Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity

TRUE

Under disability claims, the plaintiff must show that she or he is a qualified applicant with a

disability and that adverse action was taken by a covered entity The employer's defense then depends on whether the decision was made without regard to the disability or in light of the

disability

to different discrimination situations Topic: Reasonable Accommodation

19 Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice

TRUE

Title VII of the Civil Rights Act of 1964 states that employers cannot retaliate against employees for either "opposing" a perceived illegal employment practice or "participating in a proceeding" related to an alleged illegal employment practice

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20 Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on

an employee's submitting to sexual advances

Learning Objective: 03-06 Identify behavior that constitutes sexual harassment and list things that an organization can do to

eliminate or minimize it Topic: Sexual Harassment

21 Having pictures of naked women posted in the workplace is actionable under Title VII of the Civil Rights Act

TRUE

Actions such as having pictures of naked women posted in the workplace, using offensive sexually explicit language, or using sex-related jokes or innuendoes in conversations are actionable under Title VII of the Civil Rights Act because they treat individuals differently based on their sex

eliminate or minimize it Topic: Sexual Harassment

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22 Affirmative action programs are used to eliminate discrimination in the workplace and increase minority representation

TRUE

To eliminate discrimination in the workplace, many organizations have affirmative action programs

to increase minority representation Affirmative action was originally conceived as a way of taking extra effort to attract and retain minority employees

eliminate or minimize it Topic: Affirmative Action and Reverse Discrimination

23 The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Health

FALSE

The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Labor The Department of Health was assigned responsibility for conducting research to determine the criteria for specific

operations or occupations and for training employers to comply with the act

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