Human Resource Management Gaining A Competitive Advantage 9th
Edition Test Bank Solutions
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Solutions manual for Human Resource Management 9th Edition by
Raymond Noe, John Hollenbeck, Barry Gerhart, Patrick Wright
Completed download:
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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.
True
2.
The United States president has the power to veto any law passed by Congress.
True
3.
False
False
The National Labor Relations Board (NLRB) is a quasi-judicial agency.
True
False
3-1
4.
Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens.
True
5.
The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant.
True
6.
False
False
Conditions such as obesity and substance abuse are covered under the Americans with Disabilities
Act.
True
7.
False
Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin
and applies only to federal contractors and subcontractors.
True
8.
False
The Equal Employment Opportunity Commission has three major responsibilities: investigating and
resolving discrimination complaints, gathering information, and issuing guidelines.
True
9.
False
Individuals who feel they have been discriminated against must file a complaint with the EEOC at any
time after the incident.
True
False
10. As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation
decision is adopted.
True
False
3-2
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
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
False
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.
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.
True
False
16. The standard deviation rule uses the mode of the distribution to determine disparate impact.
True
False
17. Reasonable accommodation simply requires an employer to refrain from committing discriminatory
acts.
True
False
3-3
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
False
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
False
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
False
21. Having pictures of naked women posted in the workplace is actionable under Title VII of the Civil
Rights Act.
True
False
22. Affirmative action programs are used to eliminate discrimination in the workplace and increase
minority representation.
True
False
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
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
False
3-4
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
False
Multiple Choice Questions
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
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
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.
3-5
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?
A. Constitutional amendment
B. Judicial decision
C. Legislation
D. Executive order
E. Legislative bill
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.
3-6
33. Which of the following serves as the court of final appeal?
A. Circuit court
B. Supreme Court
C. Court of appeals
D. State court
E. District court
34. Which of the following amendments abolished slavery in the United States?
A. Fourth Amendment
B. First Amendment
C. Fifteenth Amendment
D. Thirteenth Amendment
E. Fourteenth Amendment
35. Which of the following is an example of a quasi-judicial body?
A. National Security Agency
B. Senate
C. Court of Appeals
D. District Court
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
B. District Court
C. Senate
D. House of Representatives
E. Secretary of State
3-7
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
3-8
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 _____.
A. 30
B. 35
C. 40
D. 18
E. 15
3-9
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
to 100 employees?
A. $30,000
B. $150,000
C. $50,000
D. $450,000
E. $200,000
46. Which of the following is considered a disability under the Americans with Disabilities Act?
A. Cosmetic disfigurement
B. Obesity
C. Substance abuse
D. Eye color
E. Lefthandedness
3-10
47. Which of the following is a disability under the Americans with Disabilities Act?
A. Lefthandedness
B. Substance abuse
C. Eye and hair color
D. Heart disease
E. Obesity
48. Directives issued and amended unilaterally by the president are known as:
A. judicial decisions.
B. presidential vetoes.
C. presidential bills.
D. executive orders.
E. constitutional amendments.
49. Executive order 11246, which prohibits discrimination based on race, color, religion, sex, and national
origin, is enforced by the:
A. Office of Federal Contract Compliance Programs.
B. U.S. Office of Personnel Management.
C. Equal Employment Opportunity Commission.
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.
B. base all its employment policies on merit and fitness.
C. prevent privatization of banking and financial services.
D. base all its selections on methods such as quantitative techniques.
E. abolish personal interviews as a method of selecting federal employees.
3-11
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
D. U.S. Department of Commerce
E. Labor Commission
3-12
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.
A. 30
B. 60
C. 180
D. 270
E. 365
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.
A. 30
B. 60
C. 90
D. 120
E. 180
56. Which of the following is true about how the Equal Employment Opportunity Commission (EEOC)
responds to a claim of discrimination?
A. If the EEOC determines that discrimination has taken place in a private firm, it can investigate the
discrimination but cannot file a suit.
B. If the EEOC either does not believe a complaint to be valid or fails to complete the investigation, it
issues a ruling preventing the complainant from pursuing legal action in federal court.
C. If the EEOC cannot come to an agreement with an offending employer, it can issue a "right to sue"
letter to the alleged victim.
D. If the EEOC cannot come to an agreement with an offending employer, it will collect a hefty fine
that it will pass on to the complainant.
E. If the EEOC discovers any discriminatory practice, it will urge the federal government to bar the
offending firm from doing business with federal agencies.
3-13
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.
A. 60
B. 100
C. 50
D. 80
E. 25
59. The _____ is a set of guidelines that provides guidance on the ways an organization should develop
and administer recruitment systems so as not to violate Title VII.
A. Uniform Guidelines on Employee Selection Procedures
B. Guidelines for Employment Security
C. Guidelines for Employee Facilities
D. Uniform Guidelines for Voluntary Early Retirement
E. Uniform Guidelines for Job Design and Job Description
3-14
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
C. Equal Employment Opportunity Commission
D. U.S. Department of Commerce
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. contingency analysis
B. matrix analysis
C. path goal analysis
D. differential analysis
E. utilization analysis
62. Goals and timetables in an affirmative action plan:
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.
3-15
63. The written affirmative plan that specifies what an employer plans to do to reduce underutilization of
protected groups is called a(n) _____.
A. utilization analysis
B. goal
C. consent decree
D. timetable
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. Debarment
B. General warning
C. Right to sue letter
D. Class-action suits
E. Specific treatment
65. Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two
openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other
position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following
statements would both negate Jason's case and support Virgo's case?
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.
E. Virgo deals in building equipment that requires a certified welder and Jason is not a certified
welder.
3-16
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:
A. sexual harassment.
B. quid pro quo harassment.
C. disparate treatment.
D. disparate impact.
E. racial discrimination.
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.
A. prima facie
B. disparate impact
C. reasonable accommodation
D. quid pro quo
E. mixed-motive
3-17
69. _____ occurs when a facially neutral employment practice disproportionately excludes a protected
group from employment opportunities.
A. Disparate impact
B. Reasonable accommodation
C. Quid pro quo
D. Internal discrimination
E. Disparate treatment
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. reverse discrimination.
B. disparate impact.
C. disparate treatment.
D. reasonable accommodation.
E. sexual harassment.
71. Which of the following statements is true of disparate treatment and disparate impact?
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
to the plaintiff.
3-18
72. Under _____, intent is irrelevant.
A. disparate treatment
B. disparate impact
C. racial discrimination
D. gender discrimination
E. disparate discrimination
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?
A. Standard deviation rule
B. Mixed-motive rule
C. Prima facie rule
D. Four-fifths rule
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
3-19
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.
A. pattern and practice
B. disparate impact
C. disparate treatment
D. reasonable accommodation
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?
A. Reasonable accommodation
B. Pattern and practice
C. Disparate treatment
D. Quid pro quo
E. Disparate impact
3-20
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 _____.
A. sexual harassment
B. reasonable accommodation
C. pattern and practice
D. disparate impact
E. disparate treatment
3-21
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 _____.
A. reasonable accommodation
B. glass ceiling
C. disparate treatment
D. prima facie
E. quid pro quo harassment
82. Anna's boss terminated her employment because she did not submit to his sexual advances. Anna is
a victim of:
A. reasonable accommodation.
B. quid pro quo harassment.
C. glass ceiling.
D. disparate impact.
E. affirmative action.
83. Saturn Inc., a large manufacturing firm, is a male dominated organization. Julia, who works for
Saturn, interacts predominantly with male employees, who frequently make sexist remarks. This is an
example of:
A. disparate treatment
B. disparate impact
C. glass ceiling
D. quid pro quo
E. hostile working environment
3-22
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?
A. Sexual abuse
B. Quid pro quo
C. Rape
D. Domestic violence
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
E. Department of Labor
86. The main provision of the Occupational Safety and Health Act states that each employer should
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:
A. general duty clause.
B. employer clause.
C. employee clause.
D. first aid clause.
E. national consensus clause.
3-23
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.
A. 100
B. 50
C. 51
D. 11
E. 25
89. The _____ breaks down each job into basic elements and rates each of the elements for its potential
for harm or injury.
A. technic of operations review
B. domino analysis
C. multilinear events sequencing
D. change analysis
E. job hazard analysis technique
3-24
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
E. change analysis
Essay Questions
91. Discuss the roles and responsibilities of the legislative branch, the executive branch, and the judicial
branch.
92. Discuss the three major responsibilities of the Equal Employment Opportunity Commission.
3-25
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.
3-26
96. What are the three things that a plaintiff attempts to show in a class action pattern and practice
lawsuit?
97. What is the main point of difference between reasonable accommodation and disparate treatment
and disparate impact?
98. What are some of the important steps that an organization can follow to ensure a workplace free from
sexual harassment?
3-27
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.
3-28
Chapter 03 The Legal Environment: Equal Employment Opportunity and
Safety Answer Key
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
3-29
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.
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: 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).
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: Judicial Branch
3-30
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.
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
3-31
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.
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
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.
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: Executive Orders
3-32
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.
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
3-33
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.
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
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
to different discrimination situations.
Topic: Disparate Treatment
3-34
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.
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
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.
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
to different discrimination situations.
Topic: Disparate Treatment
3-35
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.
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
to different discrimination situations.
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.
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
to different discrimination situations.
Topic: Disparate Impact
3-36
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.
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
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.
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
to different discrimination situations.
Topic: Reasonable Accommodation
3-37
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.
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
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.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 03-05 Discuss the legal issues involved with preferential treatment programs.
Topic: Retaliation for Participation and Opposition
3-38
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.
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
3-39
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.
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: 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
employees that are guaranteed by this act.
Topic: The Occupational Safety and Health Act
3-40
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.
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
employees that are guaranteed by this act.
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.
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
employees that are guaranteed by this act.
Topic: Safety Awareness Programs
Multiple Choice Questions
3-41
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.
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
3-42
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.
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
3-43
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.
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: Legislative Branch
3-44
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.
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: Executive Branch
3-45
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.
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: Executive Branch
3-46
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.
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: Executive Branch
3-47
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.
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: Executive Branch
3-48
33.
Which of the following serves as the court of final appeal?
A. Circuit court
B. Supreme Court
C. Court of appeals
D. State court
E. District court
The Supreme Court serves as the court of final appeal. Decisions made by the Supreme Court are
binding; they can be overturned only through legislation.
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: Judicial Branch
3-49
34.
Which of the following amendments abolished slavery in the United States?
A. Fourth Amendment
B. First Amendment
C. Fifteenth Amendment
D. Thirteenth Amendment
E. Fourteenth Amendment
The Thirteenth Amendment of the U.S. Constitution abolished slavery in the United States. It has
been applied in cases where the discrimination involved the "badges" (symbols) and "incidents" of
slavery.
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: Constitutional Amendments
3-50
35.
Which of the following is an example of a quasi-judicial body?
A. National Security Agency
B. Senate
C. Court of Appeals
D. District Court
E. National Labor Relations Board
The 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).
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: Constitutional Amendments
3-51
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
B. District Court
C. Senate
D. House of Representatives
E. Secretary of State
The 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). If neither
party to a suit is satisfied with the decision of the court at this level, the parties can appeal the
decision to the U.S. Courts of Appeals.
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: Constitutional Amendments
3-52
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
Section 1982 of the Civil Rights Act passed in 1866 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: 2 Medium
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
3-53
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
Section 1982 of the Civil Rights Act passed in 1866 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: 2 Medium
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
3-54
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
The Rehabilitation Act of 1973 mandates affirmative action in the employment of individuals with
disabilities.
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
3-55
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
The Vocational Rehabilitation Act of 1973 covers executive agencies and contractors and
subcontractors that receive more than $2,500 annually from the federal government. It requires
them to engage in affirmative action for individuals with disabilities. Congress designed this act to
encourage employers to actively recruit qualified individuals with disabilities and to make
reasonable accommodations to allow them to become active members of the labor market.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 2 Medium
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
3-56
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
Title VII states that it is illegal for an employer to "(1) fail or refuse to hire or discharge any
individual, or otherwise discriminate against any individual with respect to his compensation,
terms, conditions, or privileges of employment because of such individual's race, color, religion,
sex, or national origin, or (2) to limit, segregate, or classify his employees or applicants for
employment in any way that would deprive or tend to deprive any individual of employment
opportunities or otherwise adversely affect his status as an employee because of such individual's
race, color, religion, sex, or national origin."
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
3-57
42.
The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees
over the age of _____.
A. 30
B. 35
C. 40
D. 18
E. 15
Passed in 1967 and amended in 1986, the Age Discrimination in Employment Act prohibits
discrimination against employees over the age of 40. The act almost exactly mirrors Title VII in
terms of its substantive provisions and the procedures to be followed in pursuing a case.
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
3-58
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
The Equal Employment Opportunity Commission is responsible for enforcing the Age
Discrimination in Employment Act (ADEA). The ADEA was designed to protect older employees
when a firm reduces its workforce through layoffs.
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
3-59
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
The Vocational Rehabilitation Act of 1973 covers executive agencies as well as contractors and
subcontractors that receive more than $2,500 annually from the federal government. It requires
them to engage in affirmative action for individuals with disabilities. Congress designed this act to
encourage employers to actively recruit qualified individuals with disabilities and to make
reasonable accommodations to allow them to become active members of the labor market. The
Employment Standards Administration of the Department of Labor enforces this act.
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
3-60
45.
Under the Americans with Disabilities Act of 1990, what is the damage limit for a firm that employs
14 to 100 employees?
A. $30,000
B. $150,000
C. $50,000
D. $450,000
E. $200,000
Under the Americans with Disabilities Act of 1990, the damage limit for a firm that employs 14 to
100 employees is $50,000.
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
3-61
46.
Which of the following is considered a disability under the Americans with Disabilities Act?
A. Cosmetic disfigurement
B. Obesity
C. Substance abuse
D. Eye color
E. Lefthandedness
The Americans with Disabilities Act covers specific physiological disabilities such as cosmetic
disfigurement and anatomical loss affecting the neurological, musculoskeletal, sensory,
respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic, or lymphatic systems.
However, conditions such as obesity, substance abuse, eye and hair color, and lefthandedness
are not covered.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 2 Medium
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
3-62
47.
Which of the following is a disability under the Americans with Disabilities Act?
A. Lefthandedness
B. Substance abuse
C. Eye and hair color
D. Heart disease
E. Obesity
The Americans with Disabilities Act covers specific physiological disabilities such as cosmetic
disfigurement and anatomical loss affecting the neurological, musculoskeletal, sensory,
respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic, or lymphatic systems.
However, conditions such as obesity, substance abuse, eye and hair color, and lefthandedness
are not covered.
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: Executive Orders
3-63
48.
Directives issued and amended unilaterally by the president are known as:
A. judicial decisions.
B. presidential vetoes.
C. presidential bills.
D. executive orders.
E. constitutional amendments.
Executive orders are directives issued and amended unilaterally by the president. These orders do
not require congressional approval, yet they have the force of law.
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: Executive Orders
3-64
49.
Executive order 11246, which prohibits discrimination based on race, color, religion, sex, and
national origin, is enforced by the:
A. Office of Federal Contract Compliance Programs.
B. U.S. Office of Personnel Management.
C. Equal Employment Opportunity Commission.
D. United States Court of Federal Claims.
E. U.S. Department of Commerce.
President Johnson issued executive order 11246 that prohibits discrimination based on race,
color, religion, sex, and national origin. The Office of Federal Contract Compliance Programs
enforces this executive order.
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: Executive Orders
3-65
50.
Executive order 11478 requires the federal government to:
A. prevent reverse discrimination by abolishing affirmative action.
B. base all its employment policies on merit and fitness.
C. prevent privatization of banking and financial services.
D. base all its selections on methods such as quantitative techniques.
E. abolish personal interviews as a method of selecting federal employees.
President Richard M. Nixon issued executive order 11478 that 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.
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: Executive Orders
3-66
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.
The U.S. Office of Personnel Management is in charge of executive order 11478. The order
extends to all contractors and subcontractors doing $10,000 worth of business with the federal
government.
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: Executive Orders
3-67
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
The Equal Employment Opportunity Commission is an independent federal agency and is
responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the
Americans with Disabilities Act.
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
3-68
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
D. U.S. Department of Commerce
E. Labor Commission
The Equal Employment Opportunity Commission is an independent federal agency and is
responsible for enforcing most of the EEO laws, such as Title VII, the Equal Pay Act, and the
Americans with Disabilities Act. It 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
3-69
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.
A. 30
B. 60
C. 180
D. 270
E. 365
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's being dismissed immediately, with certain exceptions.
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
3-70
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.
A. 30
B. 60
C. 90
D. 120
E. 180
A complainant must give the EEOC 60 days to investigate the complaint. If the EEOC either does
not believe the complaint to be valid or fails to complete the investigation, the complainant may
sue in federal court.
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
3-71
56.
Which of the following is true about how the Equal Employment Opportunity Commission (EEOC)
responds to a claim of discrimination?
A. If the EEOC determines that discrimination has taken place in a private firm, it can investigate
the discrimination but cannot file a suit.
B. If the EEOC either does not believe a complaint to be valid or fails to complete the
investigation, it issues a ruling preventing the complainant from pursuing legal action in federal
court.
C. If the EEOC cannot come to an agreement with an offending employer, it can issue a "right to
sue" letter to the alleged victim.
D. If the EEOC cannot come to an agreement with an offending employer, it will collect a hefty
fine that it will pass on to the complainant.
E. If the EEOC discovers any discriminatory practice, it will urge the federal government to bar
the offending firm from doing business with federal agencies.
If the EEOC cannot come to an agreement with an organization, it has two options. First, it can
issue a "right to sue" letter to the alleged victim, which certifies that the agency has investigated
and found validity in the victim's allegations. Second, although less likely, the agency may aid the
alleged victim in bringing suit in federal court.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
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
3-72
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.
Sometimes the EEOC enters into a consent decree with a discriminating organization. This decree
is an agreement between the agency and the organization that the organization will cease certain
discriminatory practices and possibly institute additional affirmative action practices to rectify its
history of discrimination.
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
3-73
58.
Each year organizations with a minimum of _____ employees must file an EEO-1 report with the
Equal Employment Opportunity Commission.
A. 60
B. 100
C. 50
D. 80
E. 25
Each year organizations with 100 or more employees must file a report (EEO-1) with the EEOC
that provides the number of women and minorities employed in nine different job categories. The
EEOC computer analyzes these reports to identify patterns of discrimination that can then be
attacked through class-action suits.
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
3-74
59.
The _____ is a set of guidelines that provides guidance on the ways an organization should
develop and administer recruitment systems so as not to violate Title VII.
A. Uniform Guidelines on Employee Selection Procedures
B. Guidelines for Employment Security
C. Guidelines for Employee Facilities
D. Uniform Guidelines for Voluntary Early Retirement
E. Uniform Guidelines for Job Design and Job Description
The Uniform Guidelines on Employee Selection Procedures is a set of guidelines issued by the
EEOC, the Department of Labor, the Department of Justice, and the U.S. Civil Service
Commission. This document provides guidance on the ways an organization should develop and
administer selection systems so as not to violate Title VII.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 2 Medium
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
3-75
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
C. Equal Employment Opportunity Commission
D. U.S. Department of Commerce
E. Centre for Civil and Human Rights
The Office of Federal Contract Compliance Programs (OFCCP) is the agency responsible for
enforcing the executive orders that cover companies doing business with the federal government.
Businesses with contracts for more than $50,000 cannot discriminate in employment based on
race, color, religion, national origin, or sex, and they must have a written affirmative action plan on
file.
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: Office of Federal Contract Compliance Programs
3-76
61.
The _____ compares the race, sex, and ethnic composition of an employer's workforce with that of
the available labor supply.
A. contingency analysis
B. matrix analysis
C. path goal analysis
D. differential analysis
E. utilization analysis
The utilization analysis compares the race, sex, and ethnic composition of an employer's
workforce with that of the available labor supply. For each job group, the employer must identify
the percentage of its workforce with that characteristic (e.g., female) and identify the percentage of
workers in the relevant labor market with that characteristic.
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: Office of Federal Contract Compliance Programs
3-77
62.
Goals and timetables in an affirmative action plan:
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.
Goals and timetables in an affirmative action plan specify the percentage of women and minorities
that an employer seeks to have in each job group and the date by which that percentage is to be
attained. These are not to be viewed as quotas, which entail setting aside a specific number of
positions to be filled only by members of the protected class.
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: Office of Federal Contract Compliance Programs
3-78
63.
The written affirmative plan that specifies what an employer plans to do to reduce underutilization
of protected groups is called a(n) _____.
A. utilization analysis
B. goal
C. consent decree
D. timetable
E. list of action steps
The written affirmative plan that specifies what an employer plans to do to reduce underutilization
of protected groups is called a list of action steps. The company's CEO must make it clear to the
entire organization that the company is committed to reducing underutilization, and all
management levels must be involved in the planning process.
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: Office of Federal Contract Compliance Programs
3-79
64.
Which of the following is the Office of Federal Contract Compliance Programs' most potent
weapon and its last penalty?
A. Debarment
B. General warning
C. Right to sue letter
D. Class-action suits
E. Specific treatment
If the OFCCP finds that the contractors or subcontractors are not complying with the executive
order, then its representatives may notify the EEOC (if there is evidence that Title VII has been
violated), advise the Department of Justice to institute criminal proceedings, request that the
Secretary of Labor cancel or suspend any current contracts, and forbid the firm from bidding on
future contracts. This penalty is called debarment and is the OFCCP's most potent weapon.
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: Office of Federal Contract Compliance Programs
3-80
65.
Jason, an African-American, and Robert, a Caucasian, both experienced welders, apply for two
openings at Virgo Inc. Robert is hired and Virgo continues to look for candidates to fill the other
position. Jason alleges racial discrimination by Virgo, but Virgo denies this. Which of the following
statements would both negate Jason's case and support Virgo's case?
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.
E. Virgo deals in building equipment that requires a certified welder and Jason is not a certified
welder.
At a prima facie level, a case for disparate treatment alleges that an individual is member of a
protected group, was qualified for the job, and was turned down for the job, and the job remained
open. For the employer to defend his position, he will need to offer a legitimate, nondiscriminatory
reason for the employment decision or show a bona fide occupational qualification (BFOQ). In this
scenario, Virgo dealt with building equipment that required a certified welder, and as Jason was
not a certified welder, it was unable to hire him.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
Difficulty: 3 Hard
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
3-81
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:
A. sexual harassment.
B. quid pro quo harassment.
C. disparate treatment.
D. disparate impact.
E. racial discrimination.
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. If two people with the same qualifications apply for a job and the employer
decides who to hire based on one individual's race or religion, the individual not hired is a victim of
disparate treatment. Hence, Mohammad was a victim of disparate treatment.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
Difficulty: 2 Medium
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
3-82
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.
A bona fide occupational qualification is a job qualification based on race, sex, religion, and so on,
that an employer asserts is a necessary qualification for the job.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
Difficulty: 2 Medium
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
3-83
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.
A. prima facie
B. disparate impact
C. reasonable accommodation
D. quid pro quo
E. mixed-motive
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.
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
to different discrimination situations.
Topic: Disparate Treatment
3-84
69.
_____ occurs when a facially neutral employment practice disproportionately excludes a protected
group from employment opportunities.
A. Disparate impact
B. Reasonable accommodation
C. Quid pro quo
D. Internal discrimination
E. Disparate treatment
Disparate impact occurs when a facially neutral employment practice disproportionately excludes
a protected group from employment opportunities. A facially neutral employment practice is one
that lacks obvious discriminatory content yet affects one group to a greater extent than other
groups, such as an employment test.
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
to different discrimination situations.
Topic: Disparate Impact
3-85
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. reverse discrimination.
B. disparate impact.
C. disparate treatment.
D. reasonable accommodation.
E. sexual harassment.
Disparate impact occurs when a facially neutral employment practice disproportionately excludes
a protected group from employment opportunities. A facially neutral employment practice is one
that lacks obvious discriminatory content yet affects one group to a greater extent than other
groups, such as an employment test.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
Difficulty: 2 Medium
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 Impact
3-86
71.
Which of the following statements is true of disparate treatment and disparate impact?
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 to the plaintiff.
There is an important distinction between disparate impact and disparate treatment discrimination.
For there to be discrimination under disparate treatment, there has to be intentional discrimination.
Under disparate impact, intent is irrelevant.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
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
to different discrimination situations.
Topic: Disparate Impact
3-87
72.
Under _____, intent is irrelevant.
A. disparate treatment
B. disparate impact
C. racial discrimination
D. gender discrimination
E. disparate discrimination
Under disparate impact, intent is irrelevant. The important criterion is that the consequences of the
employment practice are discriminatory.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 2 Medium
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 Impact
3-88
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?
A. Standard deviation rule
B. Mixed-motive rule
C. Prima facie rule
D. Four-fifths rule
E. Business necessity rule
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.
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
to different discrimination situations.
Topic: Disparate Impact
3-89
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
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.
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
to different discrimination situations.
Topic: Disparate Impact
3-90
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
According to the Civil Rights Act of 1991, once the plaintiff has made a prima facie disparate
impact case, the burden of proof shifts to the defendant, who must show that the employment
practice is a "business necessity." This is accomplished by showing that the practice bears a
relationship with some legitimate employer goal.
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
to different discrimination situations.
Topic: Disparate Impact
3-91
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.
A. pattern and practice
B. disparate impact
C. disparate treatment
D. reasonable accommodation
E. quid pro quo
In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things.
First, they show some statistical disparities between the composition of some group within the
company compared to some other relevant group. Second, the plaintiff tries to show that there are
individual acts of intentional discrimination that suggest that the statistical disparity is a function of
the larger culture. Finally, the plaintiff usually tries to make the case that the promotion and/or pay
procedures leave too much discretion to managers, providing the avenue through which their
unconscious biases can play a part.
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
to different discrimination situations.
Topic: Pattern and Practice
3-92
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?
A. Reasonable accommodation
B. Pattern and practice
C. Disparate treatment
D. Quid pro quo
E. Disparate impact
In showing class action pattern and practice lawsuits, the plaintiffs attempt to show three things.
First, they show some statistical disparities between the composition of some group within the
company compared to some other relevant group. Second, the plaintiff tries to show that there are
individual acts of intentional discrimination that suggest that the statistical disparity is a function of
the larger culture. Finally, the plaintiff usually tries to make the case that the promotion and/or pay
procedures leave too much discretion to managers, providing the avenue through which their
unconscious biases can play a part.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Understand
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
to different discrimination situations.
Topic: Pattern and Practice
3-93
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
Reasonable accommodation places a special obligation on an employer to affirmatively do
something to accommodate an individual's disability or religion. Making facilities readily accessible
to and usable by individuals with disabilities is referred to as reasonable accommodation.
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
to different discrimination situations.
Topic: Reasonable Accommodation
3-94
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
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. Opposition refers to expressing to someone
through proper channels that you believe that an illegal employment act has taken place or is
taking place.
AACSB: Analytic
Accessibility: Keyboard Navigation
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 03-05 Discuss the legal issues involved with preferential treatment programs.
Topic: Retaliation for Participation and Opposition
3-95
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 _____.
A. sexual harassment
B. reasonable accommodation
C. pattern and practice
D. disparate impact
E. disparate treatment
Sexual harassment refers to unwelcome sexual advances. It can take place in two basic ways:
quid pro quo and hostile working environment.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
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
3-96
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 _____.
A. reasonable accommodation
B. glass ceiling
C. disparate treatment
D. prima facie
E. quid pro quo harassment
"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. For example, a male
manager tells his female secretary that if she has sex with him, he will help her get promoted, or
he threatens to fire her if she fails to do so.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
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
3-97
82.
Anna's boss terminated her employment because she did not submit to his sexual advances.
Anna is a victim of:
A. reasonable accommodation.
B. quid pro quo harassment.
C. glass ceiling.
D. disparate impact.
E. affirmative action.
"Quid pro quo" harassment occurs when some kind of benefit (or punishment) is made contingent
on the employee's submitting (or not submitting) to sexual advances.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
Difficulty: 2 Medium
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
3-98
83.
Saturn Inc., a large manufacturing firm, is a male dominated organization. Julia, who works for
Saturn, interacts predominantly with male employees, who frequently make sexist remarks. This is
an example of:
A. disparate treatment
B. disparate impact
C. glass ceiling
D. quid pro quo
E. hostile working environment
One form of sexual harassment is "hostile working environment." This occurs when someone's
behavior in the workplace creates an environment that makes it difficult for someone of a
particular sex to work.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
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
3-99
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?
A. Sexual abuse
B. Quid pro quo
C. Rape
D. Domestic violence
E. Hostile working environment
A subtle, and possibly pervasive, form of sexual harassment is "hostile working environment." This
occurs when someone's behavior in the workplace creates an environment that makes it difficult
for someone of a particular sex to work. Many plaintiffs in sexual harassment lawsuits have
alleged that men ran their fingers through the plaintiffs' hair, made suggestive remarks, and
physically assaulted them by touching their intimate body parts. Other examples include having
pictures of naked women posted in the workplace, using offensive sexually explicit language, or
using sex-related jokes or innuendoes in conversations.
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
3-100
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
E. Department of Labor
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
employees that are guaranteed by this act.
Topic: The Occupational Safety and Health Act
3-101
86.
The main provision of the Occupational Safety and Health Act states that each employer should
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:
A. general duty clause.
B. employer clause.
C. employee clause.
D. first aid clause.
E. national consensus clause.
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.
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
employees that are guaranteed by this act.
Topic: The Occupational Safety and Health Act
3-102
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
As per the Occupational Safety and Health Act, employees have the right to: (1) request an
inspection, (2) have a representative present at an inspection, (3) have dangerous substances
identified, (4) be promptly informed about exposure to hazards and be given access to accurate
records regarding exposures, and (5) have employer violations posted at the work site.
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
Blooms: Apply
Difficulty: 2 Medium
Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of
employees that are guaranteed by this act.
Topic: The Occupational Safety and Health Act
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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.
A. 100
B. 50
C. 51
D. 11
E. 25
During an Occupational Safety and Health Act (OSHA) inspection, the compliance officer reviews
the employer's records of deaths, injuries, and illness. OSHA requires this kind of record keeping
from all firms with 11 or more full- or part-time employees.
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
employees that are guaranteed by this act.
Topic: The Occupational Safety and Health Act
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89.
The _____ breaks down each job into basic elements and rates each of the elements for its
potential for harm or injury.
A. technic of operations review
B. domino analysis
C. multilinear events sequencing
D. change analysis
E. job hazard analysis technique
Employees, supervisors, and other knowledgeable sources need to sit down and discuss potential
problems related to safety. The job hazard analysis technique is one means of accomplishing this.
With this technique, each job is broken down into basic elements, and each of these is rated for its
potential for harm or injury.
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
employees that are guaranteed by this act.
Topic: Safety Awareness Programs
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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
E. change analysis
The technic of operations review (TOR) is an analysis methodology that helps managers
determine which specific element of a job led to a past accident. The first step in a TOR analysis is
to establish the facts surrounding the incident.
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
employees that are guaranteed by this act.
Topic: Safety Awareness Programs
Essay Questions
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91.
Discuss the roles and responsibilities of the legislative branch, the executive branch, and the
judicial branch.
The legislative branch: This branch of the federal government consists of the House of
Representatives and the Senate. These bodies develop and pass laws that govern many human
resource management activities. Most of the laws stem from a perceived societal need.
The executive branch: 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.
The president: (1) can propose bills to Congress that, if passed, would become laws, (2) has the
power to veto laws passed by Congress, (3) through the control of regulatory agencies within
his/her authority, can influence what types of violations are pursued, (4) can issue executive
orders, and (5) appoints all the judges in the federal judicial system, subject to the approval of the
legislative branch.
The judicial branch: This branch consists of the federal court system, which is made up of three
levels: (1) U.S. District Courts and quasi-judicial administrative agencies, (2) U.S. Courts of
Appeals, and (3) the U.S. Supreme Court. The judicial branch interprets and enforces the laws.
AACSB: Analytic
Blooms: Understand
Difficulty: 2 Medium
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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92.
Discuss the three major responsibilities of the Equal Employment Opportunity Commission.
The Equal Employment Opportunity Commission (EEOC) has three major responsibilities:
investigating and resolving discrimination complaints, gathering information, and issuing
guidelines.
(1) Investigation and resolution: 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. Once the
complaint is filed, the EEOC takes responsibility for investigating the claim of discrimination.
(2) Information gathering: Each year, organizations with 100 or more employees must file a report
(EEO-1) with the EEOC that provides the number of women and minorities employed in nine
different job categories. The EEOC computer analyzes these reports to identify patterns of
discrimination that can then be attacked through class-action suits.
(3) Issuance of guidelines: A third responsibility of the EEOC is to issue guidelines that help
employers determine when their decisions are violations of the laws enforced by the EEOC. These
guidelines are not laws themselves, but the courts give great deference to them when hearing
employment discrimination cases.
AACSB: Analytic
Blooms: Understand
Difficulty: 2 Medium
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
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93.
What are the components of an affirmative action plan?
An affirmative action plan has the following three basic components:
(1) Utilization analysis: This compares the race, sex, and ethnic composition of an employer's
workforce with that of the available labor supply.
(2) Goals and timetables: These specify the percentage of women and minorities that an employer
seeks to have in each job group and the date by which that percentage is to be attained.
(3) Action steps: This is a list of the things that an organization will take toward attaining its goals.
AACSB: Analytic
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: Office of Federal Contract Compliance Programs
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94.
Distinguish between disparate treatment and disparate impact.
Disparate treatment exists when individuals in similar situations are treated differently, and the
differential treatment is based on the individual's race, color, religion, sex, national origin, age, or
disability status. If two people with the same qualifications apply for a job and the employer
decides whom to hire based on one individual's race, the individual not hired is a victim of
disparate treatment.
Disparate impact occurs when a facially neutral employment practice disproportionately excludes
a protected group from employment opportunities. A facially neutral employment practice is one
that lacks obvious discriminatory content yet affects one group to a greater extent than other
groups, such as an employment test.
AACSB: Analytic
Blooms: Understand
Difficulty: 2 Medium
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: Types of Discrimination
95.
Define the four-fifths rule and the standard deviation rule.
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.
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.
AACSB: Analytic
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
to different discrimination situations.
Topic: Disparate Impact
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96.
What are the three things that a plaintiff attempts to show in a class action pattern and practice
lawsuit?
In showing a class action pattern and practice lawsuit, a plaintiff attempts to show three things:
(1) The plaintiff shows some statistical disparities between the composition of some group within
the company compared to some other relevant group.
(2) The plaintiff tries to show that there are individual acts of intentional discrimination that suggest
that the statistical disparity is a function of the larger culture.
(3) The plaintiff usually tries to make the case that the promotion and/or pay procedures leave too
much discretion to managers, providing the avenue through which their unconscious biases can
play a part.
AACSB: Analytic
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
to different discrimination situations.
Topic: Pattern and Practice
97.
What is the main point of difference between reasonable accommodation and disparate treatment
and disparate impact?
Reasonable accommodation differs from disparate treatment and disparate impact in that 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.
AACSB: Analytic
Blooms: Understand
Difficulty: 2 Medium
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: Reasonable Accommodation
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98.
What are some of the important steps that an organization can follow to ensure a workplace free
from sexual harassment?
To ensure a workplace free from sexual harassment, an organization can follow some important
steps:
(1) It can develop a policy statement that makes it very clear that sexual harassment will not be
tolerated.
(2) It can train all employees to identify inappropriate workplace behavior.
(3) It can develop a mechanism for reporting incidents of harassment.
(4) Its management can prepare to take prompt disciplinary action with those who commit sexual
harassment as well as appropriate action to protect the victims of sexual harassment.
AACSB: Analytic
Blooms: Understand
Difficulty: 2 Medium
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
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99.
Discuss the four major components of an Occupational Safety and Health Act inspection.
An Occupational Safety and Health Act (OSHA) inspection has four major components:
(1) A compliance officer reviews the employer's records of death, injuries, and illnesses. OSHA
requires this kind of record keeping from all firms with 11 or more full- or part-time employees.
(2) The officer, typically accompanied by a representative of the employer (and perhaps by a
representative of the employees), conducts a walkaround tour of the employer's premises. On this
tour, the officer notes any conditions that may violate specific published standards or the less
specific general duty clause.
(3) The officer may conduct employee interviews during the tour. At this time, any person who is
aware of a violation can bring it to the attention of the officer.
(4) The officer holds a closing conference to discuss the findings with the employer, noting any
violations. If a violation represents imminent danger, the officer may, through the Department of
Labor, seek a restraining order from a U.S. District Court.
AACSB: Analytic
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of
employees that are guaranteed by this act.
Topic: The Occupational Safety and Health Act
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100.
Discuss the three primary components to a safety awareness program.
The three primary components of a safety awareness program are identifying and communicating
hazards, reinforcing safe practices, and promoting safety internationally.
(1) Identifying and communicating job hazards: Employees, supervisors, and other knowledgeable
sources need to sit down and discuss potential problems related to safety. The job hazard
analysis technique is one means of accomplishing this. Another means of isolating unsafe job
elements is to study past accidents. The technic of operations review (TOR) is an analysis
methodology that helps managers to determine which specific element of a job led to a past
accident. Communication of an employee's risk should take advantage of several media. Direct
verbal supervisory contact is important for its saliency and immediacy. Written memos are
important because they help establish a "paper trail" that can later document a history of concern
regarding the job hazard. Posters, especially those placed near the hazard, serve as a constant
reminder, reinforcing other messages.
(2) Reinforcing safe practices: A common technique for reinforcing safe practices is implementing
a safety incentive program to reward workers for their support and commitment to safety goals.
Initially, programs are set up to focus on improving short-term monthly or quarterly goals or to
encourage safety suggestions. These short-term goals are later expanded to include more wideranging, long-term goals. Prizes are typically distributed in highly public forums (like annual
meetings or events). These prizes usually consist of merchandise rather than cash because
merchandise represents a lasting symbol of achievement.
(3) Promoting safety internationally: Given the increasing focus on international management,
organizations also need to consider how to best ensure the safety of people regardless of the
nation in which they operate. Cultural differences make this more difficult than it seems.
AACSB: Analytic
Blooms: Understand
Difficulty: 2 Medium
Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of
employees that are guaranteed by this act.
Topic: Safety Awareness Programs
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human resource management gaining a competitive advantage quiz
which of the following statements is true of disparate treatment and
disparate impact?
which legislation mandates affirmative action in the employment of
individuals with disabilities?
which of the following is responsible for enforcing the age discrimination in
employment act?
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