Exam
Name___________________________________

MULTIPLE CHOICE.  Choose the one alternative that best completes the statement or answers the question. 

1) 

The ________ Amendment to the U.S. Constitution states, “no person shall be deprived of life, liberty, or property, without due process of the law.” 

1) 

_______ 

A) 

First 

B) 

Fifth 

C) 

Tenth 

D) 

Thirteenth 

E) 

Fourteenth 

2) 

The ________ Amendment outlawed slavery, and courts have held that it bars racial discrimination. 

2) 

_______ 

A) 

First 

B) 

Fifth 

C) 

Tenth 

D) 

Thirteenth 

E) 

Fourteenth 

3) 

In what year was the 13th Amendment to the U.S. Constitution ratified? 

3) 

_______ 

A) 

1865 

B) 

1791 

C) 

1868 

D) 

1776 

E) 

1808 

4) 

The ________ Amendment makes it illegal for any state to “make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” 

4) 

_______ 

A) 

First 

B) 

Fifth 

C) 

Tenth 

D) 

Thirteenth 

E) 

Fourteenth 

5) 

Which amendment is generally viewed as barring discrimination based on sex, national origin, or race? 

5) 

_______ 

A) 

First 

B) 

Fifth 

C) 

Tenth 

D) 

Thirteenth 

E) 

Fourteenth 

6) 

The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. 

6) 

_______ 

A) 

Title VII of the 1964 Civil Rights Act 

B) 

Thirteenth Amendment 

C) 

Civil Rights Act of 1866 

D) 

Fifth Amendment 

E) 

Civil Rights Act of 1991 

7) 

Title VII of the 1964 Civil Rights Act prohibits discrimination based on all of the following characteristics except ________. 

7) 

_______ 

A) 

sexual orientation 

B) 

religion 

C) 

national origin 

D) 

race 

E) 

color 

8) 

Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public or private employers of ________ or more persons. 

8) 

_______ 

A) 

5 

B) 

10 

C) 

15 

D) 

50 

E) 

100 

9) 

What type of organization is covered by Title VII of the 1964 Civil Rights Act? 

9) 

_______ 

A) 

private educational institutions 

B) 

private employers of 15 or more persons 

C) 

state government 

D) 

federal government 

E) 

all of the above 

10) 

How many members serve on the Equal Employment Opportunity Commission? 

10) 

______ 

A) 

3 

B) 

5 

C) 

9 

D) 

10 

E) 

12 

11) 

Members of the EEOC are appointed by the ________. 

11) 

______ 

A) 

President of the United States 

B) 

Supreme Court 

C) 

Vice-President of the United States 

D) 

Senate 

E) 

none of the above 

12) 

Members of the EEOC serve ________ terms. 

12) 

______ 

A) 

3 years 

B) 

5 years 

C) 

10 years 

D) 

indefinite 

E) 

life long 

13) 

The ________ made it unlawful to discriminate in pay on the basis of sex when jobs involve equal work, require equivalent skills, effort, and responsibility, and are performed under similar working conditions. 

13) 

______ 

A) 

Equal Pay Act of 1963 

B) 

Title VII 

C) 

Executive Order 11246 

D) 

Age Discrimination in Employment Act of 1967 

E) 

13th Amendment to the U.S. Constitution 

14) 

When companies utilize ________, they take steps to eliminate the present effects of past discrimination. 

14) 

______ 

A) 

executive orders 

B) 

affirmative action 

C) 

equal pay rules 

D) 

anti-discrimination guidelines 

E) 

rehabilitation action 

15) 

Which of the following factors is not an acceptable basis for different pay for equal work under the Equal Pay Act of 1963? 

15) 

______ 

A) 

gender 

B) 

merit pay system 

C) 

seniority system 

D) 

quality of production 

E) 

all are unacceptable factors 

16) 

Jack is a 55 year-old American of Anglo-Saxon descent. What legislation is intended to protect Jack from discrimination? 

16) 

______ 

A) 

Title VII 

B) 

Age Discrimination in Employment Act of 1967 

C) 

Equal Pay Act of 1963 

D) 

13th Amendment to the U.S. Constitution 

E) 

Executive Order 11246 

17) 

Which of the following federal agencies does not participate in the issuance of uniform guidelines on procedures including employee selection, record keeping, and preemployment inquiries? 

17) 

______ 

A) 

Better Business Bureau 

B) 

Department of Justice 

C) 

Civil Service Commission 

D) 

EEOC 

E) 

Department of Labor 

18) 

The ________ requires employers with federal contracts over $2500 to take affirmative action in employing handicapped persons. 

18) 

______ 

A) 

Age Discrimination in Employment Act 

B) 

Equal Pay Act 

C) 

Office of Federal Contract Compliance Programs 

D) 

Vocational Rehabilitation Act 

E) 

none of the above 

19) 

Payment for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses are called ________. 

19) 

______ 

A) 

double damages 

B) 

compensatory damages 

C) 

specific performance 

D) 

punitive damages 

E) 

none of the above 

20) 

Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following except ________. 

20) 

______ 

A) 

sexual harassment 

B) 

employee selection 

C) 

psychological testing 

D) 

record keeping 

E) 

preemployment inquiries 

21) 

What was the name of the landmark case the Supreme Court used to define unfair discrimination? 

21) 

______ 

A) 

Burlington Industries v. Ellerth 

B) 

Faragher v. City of Boca Raton 

C) 

Meritor Savings Bank FSB v. Vinson 

D) 

Roe v. Wade 

E) 

Griggs v. Duke Power Company 

22) 

In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The case was decided in favor of Griggs because ________. 

22) 

______ 

A) 

Griggs held a GED 

B) 

high school diplomas were not related to job success as a coal handler 

C) 

Duke Power Company intended to discriminate against blacks 

D) 

no business necessity existed 

E) 

all of the above 

23) 

If a person is in a protected class, he or she is protected by ________. 

23) 

______ 

A) 

Sarbanes-Oxley Act 

B) 

Better Business Bureau 

C) 

Consumer Protection Act 

D) 

Department of Labor 

E) 

Title VII of the Civil Rights Act 

24) 

Which of the following is not a principle established by Griggs v. Duke Power Company? 

24) 

______ 

A) 

burden of proof is on the employer 

B) 

intent not to discriminate is irrelevant 

C) 

performance standards must be clear and ambiguous 

D) 

testing must be job-related 

E) 

business necessity is a defense 

25) 

Which court case was important because its ruling provided details regarding how employers should validate screening tools? 

25) 

______ 

A) 

Faragher v. City of Boca Raton 

B) 

Roe v. Wade 

C) 

Griggs v. Duke Power Company 

D) 

Albemarle Paper Company v. Moody 

E) 

Burlington Industries v. Ellerth 

26) 

________ means that an employer engages in an employment practice or policy that has a greater adverse effect on the members of a protected group under Title VII than on other employees, regardless of intent. 

26) 

______ 

A) 

Affirmative action 

B) 

Disparate impact 

C) 

Adverse discrimination 

D) 

Biased effect 

E) 

Unintentional discrimination 

27) 

Intentional discrimination is also called ________. 

27) 

______ 

A) 

quid pro quo 

B) 

mixed motive 

C) 

disparate treatment 

D) 

adverse discrimination 

E) 

disparate impact 

28) 

Who has the heaviest burden when it comes to the burden of proof in discrimination cases? 

28) 

______ 

A) 

the EEO office 

B) 

EEOC 

C) 

the employer in question 

D) 

the employee in question 

E) 

all of the above 

29) 

If an employee can show that an employer engaged in intentional discrimination with malice or reckless indifference to the federally protected rights of an aggrieved individual, the employee can ask for ________. 

29) 

______ 

A) 

punitive damages 

B) 

compensatory damages 

C) 

back pay 

D) 

job reinstatement 

E) 

all of the above 

30) 

Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact. 

30) 

______ 

A) 

burden of proof 

B) 

occupational qualification 

C) 

fair in form 

D) 

business necessity 

E) 

affirmative action 

31) 

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? 

31) 

______ 

A) 

the defense attorney 

B) 

the EEOC office 

C) 

the employer 

D) 

the courts 

E) 

the plaintiff 

32) 

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(n) ________ exists. 

32) 

______ 

A) 

disparate impact 

B) 

mixed motive 

C) 

defense for liability 

D) 

business necessity 

E) 

none of the above 

33) 

The ________ prohibits employers with 15 or more workers from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. 

33) 

______ 

A) 

Civil Rights Act of 1991 

B) 

Vocational Rehabilitation Act of 1973 

C) 

American with Disabilities Act of 1990 

D) 

Vietnam Era Veterans’ Readjustment Assistance Act of 1974 

E) 

Federal Violence Against Women Act of 1994 

34) 

According to the Americans with Disabilities Act, which of the following is considered a disability? 

34) 

______ 

A) 

homosexuality 

B) 

AIDS 

C) 

voyeurism 

D) 

pyromania 

E) 

compulsive gambling 

35) 

The ADA prohibits discrimination against ________, those who can carry out the essential functions of the job with or without reasonable accommodation. 

35) 

______ 

A) 

women 

B) 

drug users 

C) 

qualified individuals 

D) 

disabled individuals 

E) 

all of the above 

36) 

The greatest number of claims brought under the ADA is related to ________ disabilities. 

36) 

______ 

A) 

vision 

B) 

mobility impairments 

C) 

learning 

D) 

hearing 

E) 

mental 

37) 

Depression, anxiety disorders, panic disorders, obsessive-compulsive disorders, and personality disorders are examples of ________ under EEOC guidelines. 

37) 

______ 

A) 

physical impairments 

B) 

mental impairments 

C) 

hearing and/or speech impairments 

D) 

mobility impairments 

E) 

none of the above 

38) 

Under the ADA, who holds the responsibility of establishing that an employee has a disability as defined by the ADA? 

38) 

______ 

A) 

employee 

B) 

EEOC office 

C) 

employer 

D) 

Supreme Court 

E) 

none of the above 

39) 

When is harassment on the basis of sex a violation of Title VII? 

39) 

______ 

A) 

when such conduct has the purpose or effect of substantially interfering with a person’s work performance 

B) 

when such conduct has the purpose or effect of creating an intimidating, hostile, or offensive work environment 

C) 

when a crime of violence is motivated by gender 

D) 

both A and B 

E) 

all of the above 

40) 

The ________ provides that a person who commits a crime of violence motivated by gender and thus deprives another of her rights shall be liable to the party injured. 

40) 

______ 

A) 

Pregnancy Discrimination Act 

B) 

Federal Violence Against Women Act of 1994 

C) 

Vocational Rehabilitation Act of 1973 

D) 

Vietnam Era Veterans’ Readjustment Assistance Act of 1974 

E) 

Civil Rights Act of 1991 

41) 

Which of the following is not a form of sexual harassment according to EEOC guidelines? 

41) 

______ 

A) 

mutually consensual physical conduct of a sexual nature 

B) 

unwelcome sexual advances that create an intimidating work environment 

C) 

verbal conduct of a sexual nature which unreasonably interferes with an individual’s work performance 

D) 

requests for sexual favors made as a condition of employment 

E) 

all are forms of sexual harassment 

42) 

All of the following are ways an employee can prove sexual harassment except ________. 

42) 

______ 

A) 

hostile environment created by nonemployees 

B) 

hostile environment created by co-workers 

C) 

hostile environment created by supervisors 

D) 

quid pro quo 

E) 

all are ways an employee can prove sexual harassment 

43) 

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? 

43) 

______ 

A) 

hostile environment created by supervisors 

B) 

hostile environment created by nonemployees 

C) 

hostile environment created by co-workers 

D) 

quid pro quo 

E) 

none of the above 

44) 

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? 

44) 

______ 

A) 

hostile environment created by supervisors 

B) 

hostile environment created by nonemployees 

C) 

quid pro quo 

D) 

hostile environment created by co-workers 

E) 

none of the above; Shelley is not a victim of sexual harassment 

45) 

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. What form of sexual harassment is this an example of? 

45) 

______ 

A) 

quid pro quo 

B) 

hostile environment created by supervisors 

C) 

hostile environment created by nonemployees 

D) 

hostile environment created by co-workers 

E) 

This is not sexual harassment. 

46) 

Which of the following is not a way an employer can show reasonable care to defend against sexual harassment liability? 

46) 

______ 

A) 

investigating sexual harassment charges promptly 

B) 

training employees in sexual harassment policies 

C) 

development of a strong sexual harassment policy 

D) 

instituting a sexual harassment reporting process 

E) 

all are ways of showing reasonable care 

47) 

What is the first step an employee should take to address a problem of sexual harassment? 

47) 

______ 

A) 

file a complaint with the human resource director 

B) 

consult an attorney 

C) 

write a letter to the accuser 

D) 

file a verbal complaint with the harasser’s boss 

E) 

file a complaint with the local EEOC office 

48) 

When harassment is of a serious nature, an employee can consider suing for ________. 

48) 

______ 

A) 

intentional infliction of emotional distress 

B) 

injuctive relief 

C) 

assault and battery 

D) 

compensatory and punitive damages 

E) 

all of the above 

49) 

________ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. 

49) 

______ 

A) 

Disparate impact 

B) 

Prima facie 

C) 

Unintentional discrimination 

D) 

Disparate treatment 

E) 

Adverse impact 

50) 

________ 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. 

50) 

______ 

A) 

Disparate treatment 

B) 

Disparate impact 

C) 

Prima facie 

D) 

Adverse impact 

E) 

Unintentional discrimination 

51) 

Which of the following is a way to show adverse impact? 

51) 

______ 

A) 

population comparisons 

B) 

McDonnell-Douglas test 

C) 

restricted policy 

D) 

disparate rejection rates 

E) 

all of the above 

52) 

If a person belongs to a protected class, and applied and was qualified for a job for which the employer was seeking applicants, and after rejection, the position remained open and the employer continued to seek applications from persons with the complainant’s qualifications, then the ________ can be used to show adverse impact. 

52) 

______ 

A) 

restricted policy 

B) 

disparate rejection rates 

C) 

population comparisons 

D) 

McDonnell-Douglas test 

E) 

all of the above 

53) 

The formula used by federal agencies to determine disparate rejection rates is based on a selection rate for any racial, ethnic, or sex group less than ________ percent of the rate for the group with the highest rate. 

53) 

______ 

A) 

25 

B) 

50 

C) 

75 

D) 

80 

E) 

100 

54) 

A ________ approach to showing adverse impact means demonstrating that the employer’s policy intentionally or unintentionally excluded members of a protected group. 

54) 

______ 

A) 

restricted policy 

B) 

disparate rejection rates 

C) 

population comparisons 

D) 

prima facie 

E) 

McDonnell-Douglas test 

55) 

The ________ approach compares the percentage of the minority/protected group and white workers in the organization with the percentage of the corresponding groups in the labor market. 

55) 

______ 

A) 

restricted policy 

B) 

disparate rejection rates 

C) 

population comparisons 

D) 

McDonnell-Douglas test 

E) 

all of the above 

56) 

Employers primarily use bona fide occupational qualification (BFOQ) as a defense against charges of discrimination based on ________. 

56) 

______ 

A) 

age 

B) 

race 

C) 

sexual orientation 

D) 

gender 

E) 

all of the above 

57) 

Religion may be used as a BFOQ if ________. 

57) 

______ 

A) 

an employer does not want to honor an employee’s religious holidays 

B) 

hiring a person to teach in a nondenominational school 

C) 

a religious organization requires employees to share their religion 

D) 

all of the above 

E) 

none of the above 

58) 

Which of the following characteristics could serve as a BFOQ depending on the nature of the job requirements? 

58) 

______ 

A) 

age 

B) 

religion 

C) 

gender 

D) 

national origin 

E) 

all of the above 

59) 

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. 

59) 

______ 

A) 

EEOC 

B) 

ADA 

C) 

ADEA 

D) 

BFOQ 

E) 

none of the above 

60) 

The defense of ________ requires showing that there is an overriding business purpose for the discriminatory practice and that the practice is therefore acceptable. 

60) 

______ 

A) 

mixed motive 

B) 

BFOQ 

C) 

adverse impact 

D) 

business necessity 

E) 

none of the above 

61) 

Which of the following recruitment practices could be considered discriminatory? 

61) 

______ 

A) 

refusal to advise some of work opportunities 

B) 

help wanted ads with discriminatory language 

C) 

misleading information 

D) 

word of mouth 

E) 

all of the above 

62) 

All of the following are examples of discriminatory selection standards except ________. 

62) 

______ 

A) 

non-job-related tests 

B) 

preference to relatives 

C) 

arrest records when security clearance is necessary 

D) 

height, weight, and physical characteristics 

E) 

educational requirements 

63) 

EEOC regulations require that all covered employers keep all personnel or employment records for ________. 

63) 

______ 

A) 

six months 

B) 

one year 

C) 

two years 

D) 

three years 

E) 

five years 

64) 

Under the Civil Rights Act of 1991, a discrimination claim must be filed within ________ after the alleged incident took place. 

64) 

______ 

A) 

six months 

B) 

one year 

C) 

two years 

D) 

three years 

E) 

five years 

65) 

The EEOC describes a(n) ________ 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. 

65) 

______ 

A) 

mandatory arbitration 

B) 

fact-finding conference 

C) 

negotiation 

D) 

attempted conciliation 

E) 

voluntary mediation 

66) 

The EEOC describes a(n) ________ as an informal meeting held early in the investigation aimed at defining issues and determining if settlement is possible. 

66) 

______ 

A) 

mandatory arbitration 

B) 

negotiation 

C) 

attempted conciliation 

D) 

voluntary mediation 

E) 

fact-finding conference 

67) 

Firms using ________ make an extra effort to hire and promote those in protected groups. 

67) 

______ 

A) 

ethical hiring practices 

B) 

BFOQ 

C) 

affirmative action 

D) 

network groups 

E) 

diversity management 

68) 

________ 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. 

68) 

______ 

A) 

BFOQ 

B) 

Equal employment opportunity 

C) 

Affirmative action 

D) 

Diversity management 

E) 

Statements of diversity 

69) 

In Bakke v. Regents of the University of California, the University of California at Davis Medical School denied admission to white student, Allen Bakke, allegedly because of the school’s affirmative action quota system, which required that a specific number of openings go to minority applicants. Bakke charged that ________ had occurred. 

69) 

______ 

A) 

affirmative action 

B) 

reverse discrimination 

C) 

racial discrimination 

D) 

quid pro quo 

E) 

sexual harassment 

70) 

Organizations can measure diversity by using ________. 

70) 

______ 

A) 

management and employee evaluations 

B) 

employee attitude surveys 

C) 

focus groups 

D) 

equal employment hiring metrics 

E) 

all of the above 

TRUE/FALSE.  Write 'T' if the statement is true and 'F' if the statement is false. 

71) 

The 13th Amendment to the U.S. Constitution states, “no person shall be deprived of life, liberty, or property, without due process of the law.” 

71) 

______ 

72) 

It was the 14th Amendment to the U.S. Constitution that established the EEOC. 

72) 

______ 

73) 

Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers, including all public or private employers of 15 or more persons. 

73) 

______ 

74) 

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

74) 

______ 

75) 

Only an aggrieved individual can file discrimination charges against another. 

75) 

______ 

76) 

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. 

76) 

______ 

77) 

In O’Connor versus Consolidated Coin Caterers Corp., the Supreme Court held that an employee who is over 40 may sue for discrimination is he or she is replaced by a “significantly younger” employee, even if the replacement is also over 40. 

77) 

______ 

78) 

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. 

78) 

______ 

79) 

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

79) 

______ 

80) 

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

80) 

______ 

81) 

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

81) 

______ 

82) 

 People with AIDS are protected from discrimination under the Americans with Disabilities Act. 

82) 

______ 

83) 

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

83) 

______ 

84) 

Employees must show that the costs of accommodation do not outweigh the benefit to show that an accommodation for an employee’s disability is a reasonable one. 

84) 

______ 

85) 

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

85) 

______ 

86) 

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

86) 

______ 

87) 

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

87) 

______ 

88) 

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

88) 

______ 

89) 

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

89) 

______ 

90) 

With the exception of Title VII, congressional legislation generally applies only within U.S. territorial borders. 

90) 

______ 

91) 

U.S. citizens working overseas for U.S. companies do not have the same equal employment opportunity protection as those working within U.S. borders. 

91) 

______ 

92) 

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

92) 

______ 

93) 

Shippers Express is accused of adverse impact on a protected group. 80% of all male applicants are hired but only 50% of female applicants are hired. Using the formula for disparate rejection rates, adverse impact cannot be shown. 

93) 

______ 

94) 

The restricted policy approach to showing adverse impact means demonstrating that the employer’s policy intentionally or unintentionally excluded members of a protected group. 

94) 

______ 

95) 

Defining the relevant labor market is a crucial step in using population comparisons to show adverse impact. 

95) 

______ 

96) 

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

96) 

______ 

97) 

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

97) 

______ 

98) 

The EEOC uses testers—individuals who pose as applicants to test a firm’s equal employment procedures. 

98) 

______ 

99) 

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

99) 

______ 

100) 

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

100) 

_____ 

ESSAY.  Write your answer in the space provided or on a separate sheet of paper. 

101) 

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? 

102) 

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? 

103) 

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

104) 

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

105) 

How can an employer defend itself against sexual harassment liability? Name two methods. 

106) 

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? Explain. 

107) 

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

108) 

Compare and contrast disparate treatment and disparate impact. 

109) 

What conditions did the U.S. Supreme Court set for applying the McDonnell-Douglas approach to showing adverse impact? 

110) 

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

 

1) 

B 

2) 

D 

3) 

A 

4) 

E 

5) 

E 

6) 

C 

7) 

A 

8) 

C 

9) 

E 

10) 

B 

11) 

A 

12) 

B 

13) 

A 

14) 

B 

15) 

A 

16) 

B 

17) 

A 

18) 

D 

19) 

B 

20) 

C 

21) 

E 

22) 

B 

23) 

E 

24) 

C 

25) 

D 

26) 

B 

27) 

C 

28) 

C 

29) 

E 

30) 

D 

31) 

C 

32) 

B 

33) 

C 

34) 

B 

35) 

C 

36) 

E 

37) 

B 

38) 

A 

39) 

D 

40) 

B 

41) 

A 

42) 

E 

43) 

D 

44) 

A 

45) 

E 

46) 

E 

47) 

D 

48) 

E 

49) 

D 

50) 

D 

51) 

E 

52) 

D 

53) 

D 

54) 

A 

55) 

C 

56) 

A 

57) 

C 

58) 

E 

59) 

D 

60) 

D 

61) 

E 

62) 

C 

63) 

B 

64) 

C 

65) 

E 

66) 

E 

67) 

C 

68) 

C 

69) 

B 

70) 

E 

71) 

FALSE 

72) 

FALSE 

73) 

TRUE 

74) 

TRUE 

75) 

FALSE 

76) 

FALSE 

77) 

TRUE 

78) 

TRUE 

79) 

FALSE 

80) 

FALSE 

81) 

TRUE 

82) 

TRUE 

83) 

FALSE 

84) 

TRUE 

85) 

TRUE 

86) 

FALSE 

87) 

FALSE 

88) 

FALSE 

89) 

FALSE 

90) 

TRUE 

91) 

FALSE 

92) 

FALSE 

93) 

FALSE 

94) 

TRUE 

95) 

TRUE 

96) 

FALSE 

97) 

FALSE 

98) 

TRUE 

99) 

FALSE 

100) 

TRUE 

101) 

Discrimination by the employer need not be overt. The employer does not have to be shown to have intentionally discriminated against the employee or applicant. It need only show that discrimination did take place. An employment practice must be job related if it has an unequal impact on members of a protected class. The burden of proof is on the employer to show that the hiring practice is job related.

102) 

Reasonable accommodation might include redesigning the job, modifying work schedules, modifying or acquiring equipment or other devices to assist the person. 

103) 

An employer must not deny a job to a disabled individual if the person is qualified and able to perform the essential functions of the job. If the person is otherwise qualified but unable to perform an essential function, the employer must make a reasonable accommodation unless doing so would result in undue hardship. Employers are not required to lower existing performance standards or stop using tests for a job. Employers may not make preemployment inquiries about a person’s disability, but they may ask about the person’s ability to perform specific essential job functions. Employers should review job application forms, interview procedures, and job descriptions for illegal questions and statements. While employers do not have to have job descriptions, it is advisable to have them. 

104) 

The three main ways an employee can prove sexual harassment is quid pro quo, hostile environment created by supervisors, or hostile environment created by co-workers or nonemployees. Quid pro quo means that submission to sexual conduct is made a term or condition of employment or advancement. Even when no direct threats or promises are made in exchange for sexual advances, if an offensive work environment is created, sexual harassment has occurred. Further, advances do not have to be made by the person’s supervisor in order to qualify as sexual harassment. An employee’s co-worker or customers can cause the employer to be held responsible for sexual harassment. EEOC guidelines state that an employer is liable for the sexually harassing acts of its nonsupervisor employees if the employer knew or should have known of the harassing conduct. 

105) 

An employer must show that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior. Reasonable care can be shown through strong sexual harassment policies, training managers and employees regarding their responsibilities for complying with these policies, instituting reporting processes, investigating charges promptly, and taking corrective action promptly. Second, the employer can demonstrate that the plaintiff “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.” The employee’s failing to use formal organizational reporting systems satisfies the second component. Figure 2-1 on page 45 provides a list of guidelines for minimizing liability in sexual harassment claims. 

106) 

Studies show that there are significant gender differences in perceptions of sexual harassment. Women tend to perceive a broader range of sexual behaviors as harassing than men. Employees may also be reluctant to report incidents of harassment. Reporting could trigger retaliation. Many victims do not complain or sue. They quit or try to avoid the harasser instead. In many cases, the harasser doesn’t even know that he or she is offending another person. 

107) 

Employees can take the following 5 steps. First, employees can file a verbal complaint or protest with the harasser and the harasser’s boss stating that the unwanted overtures should cease because the conduct is unwelcome. Second, employees can write a letter to the accused. This letter provides a detailed statement of the facts as the writer sees them, describes his or her feelings and what damage the writer thinks has been done, and states tat he or she would like to request that the future relationship be on a purely professional basis. This letter should be delivered in person with a witness. Third, if the unwelcome conduct does not case, verbal and written reports should be filed regarding the unwelcome conduct and unsuccessful efforts to get it to stop. These reports should be filed with the harasser’s manager and/or the human resource director. Fourth, if the letters and appeals do not suffice, the accuser should turn to the local office of the EEOC to file a claim. Fifth, if the harassment is of a serious nature, the employee can also consult an attorney about suing the harasser for assault and battery, intentional infliction of emotional distress, and injuctive relief and to recover compensatory and punitive damages. 

108) 

Disparate treatment means intentional discrimination. It exists where an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. Disparate impact means that an employer engages in an employment practice or policy that has a greater impact on the members of a protected group under Title VII than on other employees, regardless of intent. Disparate treatment requires finding intent to discriminate while disparate impact claims do not require proof of discriminatory intent. 

109) 

The person belongs to a protected class. He or she applied and was qualified for a job for which the employer was seeking applicants. The applicant was rejected and after rejection, the position remained open and the employer continued to seek applications from persons with the complainant’s qualifications. If the plaintiff meets all these conditions, then a prima facie case of disparate treatment is established.

110) 

The activities are to provide strong leadership, assess the situation, provide diversity training and education, change culture and management systems, and evaluate the diversity management program.