The Legal Environment: Equal Employment Opportunit- 123docz.net

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.

FALSE

The U.S. Constitution established three major governing bodies: the legislative, executive, and judicial branches. The Constitution explicitly defines the roles and responsibilities of each of these branches. Each branch has its own areas of authority, but these areas have often overlapped, and the borders between the branches are often blurred.

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

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.

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

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

TRUE

The Civil Rights Act passed in 1866 was later broken into two statutes. Section 1982 granted all persons the same property rights as white citizens. Section 1981 granted other rights, including the right to enter into and enforce contracts.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy 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.

each of these laws.

Topic: Congressional Legislation

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

FALSE

The Americans with Disabilities Act does not cover conditions such as obesity, substance abuse, eye and hair color, and lefthandedness.

each of these laws.

Topic: Congressional Legislation

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.

Topic: Executive Orders

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.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy 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.

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.

Topic: Equal Employment Opportunity Commission

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.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories

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.

FALSE

As in any legal case, the plaintiff in a disparate treatment case has the burden of proving that the defendant has committed an illegal act. This is the idea of a "prima facie" case.

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.

Topic: Disparate Treatment

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.

Topic: Disparate Treatment

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.

FALSE

The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (or 80%) of the hiring rate for the majority group.

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.

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.

Topic: Reasonable Accommodation

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.

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.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-05 Discuss the legal issues involved with preferential treatment programs.

20. Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on an employee's submitting to sexual advances.

TRUE

Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways:

quid pro quo and hostile working environment. Quid pro quo harassment occurs when some kind of benefit (or punishment) is made contingent on an employee's submitting (or not submitting) to sexual advances.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy 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.

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.

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.

AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: 1 Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of

24. The provision of the Occupational Health and Safety Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards is known as the general duty clause.

TRUE

The main provision of OSHA states that each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm. This is referred to as the general duty clause.

Topic: The Occupational Safety and Health Act

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.

TRUE

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.

Topic: Safety Awareness Programs

26. Which of the following amendments is called the equal protection clause?

A. Fourteenth Amendment B. Sixteenth Amendment C. Eighteenth Amendment D. Twentieth Amendment E. Third Amendment

The Fourteenth Amendment, called the equal protection clause, states that all individuals are entitled to equal protection under the law.

Topic: The Legal System in the United States

27. Which of the following is a part of the U.S. government's executive branch?

A. District Courts

B. Committee on Indian Affairs C. Select Committee on Ethics D. The Congress

E. The president

The executive branch of the U.S. government consists of the president of the United States and the many regulatory agencies the president oversees.

human resource management.

Topic: The Legal System in the United States

28. The legislative branch of the federal government:

A. functions under the authority and supervision of the president.

B. has no say in the appointment of judges by the president.

C. consists of the House of Representatives and the Senate.

D. enforces the laws that are passed in the United States.

E. adjudicates cases pertaining to civil issues.

The legislative branch of the federal government consists of the House of Representatives and the Senate. These bodies develop laws that govern many HRM activities.

Topic: Legislative Branch

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.

The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. Although the legislative branch passes the laws, the executive branch affects these laws in many ways.

Topic: Executive Branch

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

The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. The 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.

Topic: Executive Branch

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

A. Constitutional amendment B. Judicial decision

C. Legislation D. Executive order E. Legislative bill

The executive branch consists of the president of the United States and the many regulatory agencies the president oversees. The president can issue executive orders, which sometimes regulate the activities of organizations that have contracts with the federal government.

Topic: Executive Branch

32. Executive order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to:

A. deny payments to private contractors based on the availability of money.

B. pay taxes for the capital goods exported from other countries for operation.

C. form and implement private laws that are consistent with the constitution.

D. engage in affirmative action programs to hire and promote minorities.

E. refrain from exporting their services to projects in foreign countries.

Executive Order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to engage in affirmative action programs designed to hire and promote women and minorities within their organizations.

Topic: Executive Branch

The Legal Environment: Equal Employment Opportunity and