Full file at
CHAPTER 2
EQUAL EMPLOYMENT OPPORTUNITY
AND HUMAN RESOURCES MANAGEMENT
Test Correlation Table
Learning Objectives / Question Type / Knowledge of Key Terms (K) / Understanding of Concepts and Principles (U) / Application of Principles (A)/ Explain the reasons behind passage of EEO legislation / True/False
Multiple Choice / 1,2,3,5,6,7
88 / 2,4
86,87,89
/ Identify and describe the major laws affecting equal employment opportunity. / True/False
Multiple Choice / 8,9,11,14,15,16,17,18,21,23,25,26,29,30,35,36,42,52
92,93,94,96,97,98,
100,103,105,113,
114,116 / 9,10,12,14,19,20,24,28,31,33,34,35,37,38,39,41
90,91,101,102,104,
107,109,110,112,115 / 13,22,27,32,40,44,53
90,95,99,102,106,108,111
/ Explain the Uniform Guidelines on Employee Selection Procedures. / True/False
Multiple Choice / 54,56
123 / 55,56,58
125 / 57,58
124
/ Explain the concept of adverse impact and apply the four-fifths rule. / True/False
Multiple Choice / 62,66
127,128,129,130,
131 / 60,61,63,67,68
126,127,135 / 59,63,64,65,69
132,133,134
/ Discuss significant court cases impacting equal employment opportunity. / True False
Multiple Choice / 70,71 / 73
136 / 72
137
/ Describe sexual harassment, bona fide occupational qualification, and religious preference as equal employment opportunity issues. / True/False
Multiple Choice / 43,45,48,49
120 / 44,46,47,48,49,51
118,121,122 / 46,50
117,119
/ Explain various enforcement procedures affecting equal employment opportunity. / True/False
Multiple Choice / 74,75,76,77,78,81
138,139,140,141,
142,145 / 76,79,82
143,144 / 80
/ Describe Affirmative Action and the basic steps in developing an affirmative action program. / True/False
Multiple Choice / 84,85
146 / 83
147,148,149,150
CHAPTER 2
True/False Questions
HISTORICAL PERSPECTIVE OF EEO LEGISLATION
1. Equal employment opportunity refers to actions required of employers to correct past discrinmination.
ANSWER: False, 48, K
2.Equal employment opportunity laws apply to covert as well as intentional discrimination in employment.
ANSWER: True, 48, K/U
3. Early nondiscrimination laws failed to give enforcement power to the agencies charged with upholding them.
ANSWER: True, 50, K
4. The change in government and societal attitudes toward discrimination was largely prompted by an increased awareness of the economic imbalance between nonwhites and whites.
ANSWER: True, 50, U
5.Non-whites median weekly earnings are significantly lower than whites.
ANSWER: True, 50, K
6.According the U.S. Bureau of Labor Statistics, median salaries among whites, blacks and Hispanics are closer to being equal in recent years.
ANSWER: False, 50, K.
7. Employment discrimination was created in the nineteenth century with the Civil Rights of 1866.
ANSWER: False, 50, K
GOVERNMENT REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY
8. Training in and knowledge of EEO legislation are essential for managers and supervisors because organizations can be held accountable and legally responsible for their managers' decisions.
ANSWER: True, 51, U
9. Both the manager and the organization can be sued by an employee alleging discrimination.
ANSWER: True, 51, K/U
10.Managers cannot be sued for discrimination because they merely act as agents of their employer.
ANSWER: False, 51, U
11.“Protected classes” is the current term used to refer to women and minorities.
ANSWER: False, 51, K
12.The Equal Pay Act of 1963 requires employers to pay men and women equally if their jobs contribute equally to the organization or to society at large.
ANSWER: False, 51, U
13. Seniority systems can be used to legally justify paying men more than women.
ANSWER: True, 51, A
14. Under the Equal Pay Act, employers may correct pay differences between one gender and another by setting the wage for both at a level no lower than the average of the two.
ANSWER: False, 51, K/U
15. Title VII of the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, or age.
ANSWER: False, 53-54, K
16.Title VII of the Civil Rights Act provides for exemptions to discrimination on the basis of race, color, religion, or sex.
ANSWER True, 54, K
17.State and local governments are exempt from the provisions of the Civil Rights Act and Equal Employment law.
ANSWER: False, 54, K
18.The Civil Rights Act of 1964 also established the Equal Employment Opportunity Commission.
ANSWER: True, 54, K
19. A religious organization is permitted to discriminate on the basis of religion.
ANSWER: True, 55, U
20. Courts have permitted discrimination based on race if it can be successfully defended as a BFOQ.
ANSWER: False, 54-55, U
21. The courts have defined business necessity as a practice that is necessary to the safe and efficient operation of the organization.
ANSWER: True, 55, K
22.Vi ctoria’s Secret stores may not discriminate against a male applying for a job as a fitting room attendant.
ANSWER: False, 55, A
23.Bona fide occupational qualifications permit discrimination based on normal business necessity.
ANSWER: True, 55, K
24.“Business necessity” refers to safe and efficient business practices requiring discrimination, including race.
ANSWER: False, 55, U
25. It is illegal to discriminate against people once they become older than age 40.
ANSWER: False, 55, K
26.Older workers are prone to discrimination because they are less likely to agree to relocation or adapt to new job demands.
ANSWER: True, 55, K
27. An example of a legitimate BFOQ for age is the argument that a younger employee will project a better, more energetic image to the public.
ANSWER: False, 55, A
28.The Pregnancy Discrimination Act requires pregnancy leave dates to be based on the individual employee’s ability to work.
ANSWER: True, 57, U
29. The Equal Employment Opportunity Act of 1972 strengthened the enforcement power of the EEOC.
ANSWER: True, 56, K
30. Employers are legally required to treat pregnancy the same way they treat any other medical disability.
ANSWER: True, 57, K
31. If somone is regarded as having a disability, they are protected under the Americans with Disabilities Act.
ANSWER: True, 57, U
32.To comply with the Americans with Disabilities Act, organizations can install easy-to-reach switches, provide sloping sidewalks and entrances, and widen doors and hallways.
ANSWER: True, 58-59, A
33. An individual who has a physical or mental impairment that is correctable with medication is still considered diasabled.
ANSWER: False, 57, U
34.A disabled person must have an obvious physical impairment or deformity to be considered disabled under the Americans with Disabilities Act.
ANSWER: False, 57-58, U
35.“Reasonable accommodation” for a disability may include reassignment to a another, vacant position.
ANSWER: True, 58, K/U
36.The Equal Employment Opportunity Act of 1972 provides for the awarding of damages in cases of intentional discrimination.
ANSWER: False, 59, K
37. The Civil Rights Act of 1964 allows employers to set different cutoff test scores on the basis of race and sex.
ANSWER: False, 60, U
38. The Uniform Services Employment and Reemployment Rights Act prohibits discrimination against veterans but does not require affirmative action.
ANSWER: True, 61, U
39.Executive Order 11246 requires all federal agencies and government contractors to to develop affirmatice action plans.
ANSWER: False, 62, U
40. HR managers need not be concerned about state fair employment practice laws since they are usually less stringent and less comprehensive than federal laws prohibiting discrimination.
ANSWER: False, 64, A
41.Federal law prohibits discrimination based on sexual orientation.
ANSWER: False, 64, U
42. The equal pay act outlaws discrimination in pay, benefits, and pensions based on the worker’s gender.
ANSWER: True, 51, K
OTHER EQUAL EMPLOYMENT OPPORTUNITY ISSUES
43. The EEOC considers an employer guilty of sexual harassment if the employer knew about harassment activity but failed to take any corrective action.
ANSWER: True, 65, K
44.Employers are guilty of sexual harassment if they permit their customers to sexually harass their employees.
ANSWER: True, 65, A
45.Sexual harassment guidelines fall under the EEOC, except same-sex complaints, which must be filed as discrimination under the Civil Rights Act..
ANSWER: False, 67, K
46.An employer may be guilt of sexual harassment when an employee finds jokes, pictures, or language used by others offensive.
ANSWER: True, 65, U/A
47.If a supervisor promotes a female only after she agrees to an after-work date, the conduct creates a “hostile environment.”
ANSWER: False, 65, U
48.Acting immediately to investigate and follow up are effective components of dealing with sexual harassment complains.
ANSWER: True, 67, K/U
49. Sexual harassment involving physical conduct can invite criminal charges and damages may be assessed against both the offender and the employer.
ANSWER: True, 67, K/U
50.Dirty jokes, vulgar slang, nude pictures, swearing, and personal ridicule and insult constitute quid pro quo sexual harassment.
ANSWER: False, 65, A
51.Quid pro quo sexual harassment occurs when unwelcome sexual conduct has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment.
ANSWER: False, 65, U
52.The Immigration Reform and Control Act requires employers to verify the legal right of applicants to work in the U.S.
ANSWER: True, 67, K
53.To comply with the Immigration Reform and Control Act, employers must submit all completed Form I-9s to Immigration and Naturalization officers for approval.
ANSWER: False, 68, A
UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES
54.The Uniform Guidelines on Employee Selection Procedures were designed to help employers, labor organizations, employment agencies, and licensing boards with the requirements of federal discrimination law.
ANSWER: True, 69, K
55.When using a selection test, employers must be able to prove that the test bears a direct relationship to job success.
ANSWER: True, 69, U
56. An important government manual applying to employee selection procedures in the areas of hiring, retention, and promotions is the Standard Application in Employment Manual.
ANSWER: False, 69, K/U
57.The Uniform Guidelines on Employee Selection Procedures require validated procedures for selecting and promoting employees, but do not apply to layoff, transfer, or demotion.
ANSWER: False, 69, A
58.Proof of a direct relationship between selection instruments and performance must be established through validation studies by and independent firm.
ANSWER: False, 69, U/A
ADVERSE IMPACT
59.Adverse impact refers to the rejection for employment, placement, or promotion of a significantly higher percentage of a protected class when compared to a nonprotected class.
ANSWER: True, 69, A
60. Underutilization may exist if members of a protected class represent a smaller percentage of the organization's workforce than the percentage found in the population of the surrounding community.
ANSWER: True, 69, U
61. A selection procedure that does not choose an equal number of whites and minorities will create adverse impact and therefore should not be used.
ANSWER: False, 70, U
62.When pursuing an adverse impact claim, an individual is alleging that the employer’s selection practices have unintentionally discriminated against a protected group.
ANSWER: True, 69, K
63.The Four-Fifths Rule applies when the number of employees from a protected class is less than four-fifths of the number of employees hired from the class with the highest selection rate.
ANSWER: False, 70, U/A
64.The Four-Fifths Rule would indicate adverse impact if 20 Whites were hired out of 50 White applicants, but only 15 Blacks were hired out of 25 Black applicants.
ANSWER: False, 70, A
65.The Four-Fifths Rule would indicate adverse impact if 25 Whites were hired out of 25 White applicants, but only 15 Blacks were hired out of 25 Black applicants.
ANSWER: True, 70, A
66. Disparate treatment would exist when an employer hired only men, but no women, with school-aged children.
ANSWER: True, 70, K
67.The McDonnell Douglas test provides four guidelines that must be met to establish a prima facia case of discrimination.
ANSWER: True, 71, U
68.The Uniform Guidelines require all employers to validate selection procedures.
ANSWER: False, 69, U
69. Steve is a white male and works for XYZ Enterprises. His boss recently promoted Rich, a Latino to a supervisory position that Steve was also vying for. Given that he feels that he has consistently outperformed Rich on the job, Steve has a legitimate case for Adverse Impact in that the firm has promoted someone from a protected class despite the fact that someone from an non-protected class deserved the position.
ANSWER: FALSE, 69-71, A.
SIGNIFICANT COURT CASES
70. The Griggs case established the principle that employment practices must be job-related.
ANSWER: True, 72, K
71.The Griggs case established the principle that statistical disparity among protected class members must be made in comparison to the relevant labor market .
ANSWER: False, 72, K
72.According to the Griggs case, requiring all salespersons to be six feet tall would pose an adverse impact on Asians and women, limiting their employment opportunities.
ANSWER: True, 72, A
73. If a large percentage of blacks and women (compared with whites) fail a test, the test is invalid even if the test is job-related and predicts successful job performance.
ANSWER: False, 72-73, U
ENFORCING EQUAL EMPLOYMENT OPPORTUNITY LEGISLATION
74.The EEOC is responsible for ensuring that covered employers comply with the intent of Title VII of the Civil Rights Act.
ANSWER: True, 74, K
75.The Equal Employment Opportunity Commission consists of one commissioner from each state and a general counsel.
ANSWER: False, 74, K
76.The work of the Equal Employment Opportunity Commission consists of formulating EEO policy and approving litigation involved in maintaining equal employment opportunity.
ANSWER: True, 74, K/U
77.The EEO-1 report is the EEOC’s basic document for determining an employer's workforce composition.
ANSWER: True, 75, K
78.Title VII requires retention of all employment records for at least six months or until resolution of any HR action, whichever occurs later.
ANSWER: True, 75, K
79. In states that have fair employment practice laws, discrimination charges are deferred to the state agency for resolution before action is taken by the EEOC.
ANSWER: True, 76, U
80.If the EEOC finds “reasonable cause” of discrimination, the commission will attempt to settle the matter between the charging party and the employer.
ANSWER: True, 76, A
81.Title VII of the Civil Rights Act created the Equal Employment Opportunity Commission (EEOC).
ANSWER: True, 73, K.
82.Title VII also protects from retaliation those who file charges against an employer with the EEOC.
ANSWER: True, 79, U
AFFIRMATIVE ACTION
83.Affirmative Action programs are required by all employers.
ANSWER: False, 80, U
84.Employers may be accused of reverse discrimination, or giving preference to members of protected classes, to the extent that unprotected individuals believe they are suffering discrimination.
ANSWER: True, 80, K
85. Affirmative Action requires employers to ensure that their workforce reflects the
demographic characteristics of the surrounding labor market.
ANSWER: True, 80, K.
Multiple-Choice Questions
HISTORICAL PERSPECTIVE OF EEO LEGISLATION
86.A factor that appears to have influenced the growth of EEO legislation is:
A. the changing attitudes of society at large.
B. the postwar baby boom.
C. shortage of qualified labor.
D. an influx of illegal immigrants.
ANSWER: A, 49, U
87.Which of the following factors does not appear to have influenced the growth of EEO legislation?
A. the changing attitudes of society at large.
B. published reports highlighting the economics problems of women, minorities, and older workers.
C. a growing body of disparate laws and government regulations concerning discrimination.
D. the postwar baby boom.
ANSWER: D, 49, U
88.In terms of median weekly earnings, which of the following statements is true?
A. White males earn more than black males but less than Hispanic males.
B. Black males earn more than white males but less than Hispanic males.
C. Hispanic males earn less than white males and less than black males.
D. Black males earn less than white males and less than Hispanic males.
ANSWER: C, 50, K
89.Early efforts to correct employment discrimination were unsuccessful for of the following reasons except:
- Laws failed to give enforcement power to agencies charged to uphold the laws
- The laws failed to identify specific discriminatory practices or correction methods
- States had no authority to enforce federal law
- Employers covered by these laws were only required to comply voluntarily.
ANSWER: C, 50, U
GOVERNMENT REGULATION OF EQUAL EMPLOYMENT OPPORTUNITY
90. An employee alleging discrimination can sue both the manager (or supervisor) of a company and the company itself because:
- the company provided EEO training to the manager
- the manager or supervisor perform their job as agents of the company
- EEO law provides for it
- the employee can sue the company, but not the manager or supervisor
ANSWER: B, 51, U/A
91.Title VII of the Civil Rights Act makes it illegal to discriminate because of:
A. race and sex.
B. seniority.
C. experience.
D. merit.
ANSWER: A, 53-54, U
92. Title VII's protection does not apply to:
A. hourly employees.
B. illegal aliens.
C. executives.
D. professional employees.
ANSWER: B, 54, K
93. Individuals protected by federal equal employment opportunity laws include all of the following except:
A. minorities.
B. women.
C. people over age 39.
D. homosexuals.
ANSWER: D, 51-58, K
94. The Equal Pay Act of 1963 prohibits employers from discrimination in pay based on:
A. race.
B. gender.
C. religion.
D. age.
ANSWER: B, 51, K
95. Employers that pay men and women a different salary are violating the Equal Pay Act only if the pay difference is result of:
A. seniority.
B. merit.
C. performing work of similar skill effort and responsibility under similar conditions.
D. incentive plans.
ANSWER: C, 51, A
96.The legislative act that bars discrimination in all HR activities, including hiring, training, promotion, pay, employee benefits, and other conditions of employment, is known as the:
A. Equal Pay Act of 1963.
B. Civil Rights Act of 1964.
C. Equal Employment Act of 1972.
D. Civil Rights Act of 1991.
ANSWER: B, 53-54, K
97.Major federal equal employment opportunity laws attempt to correct social problems of interest to particular groups of workers called:
A. significant worker classes.
B. privileged classes.
C. protected classes.
D. equal employment classes.
ANSWER: C, 51, K
98. Employers excluded from coverage of the Civil Rights Act include all of the following except:
A. organizations hiring native Americans on or near a reservation.
B. bona fide, tax-exempt private clubs.
C. religious organizations employing persons of a specific religion.
D. unionized organizations.
ANSWER: D, 54, K
99. Which of the following is not prohibited by Title VII?
A. paying a woman less than a man for doing the same job
B. promoting a white male over a black male on the basis of seniority
C. refusing to hire Hispanics
D. limiting training opportunities to men
ANSWER: B, 54, A
100. The agency established to enforce the Civil Rights Act and to promote equal employment opportunity is the:
A. Occupational Safety and Health Administration (OSHA).
B. Equal Employment Opportunity Commission (EEOC).
C. Equal Rights Compliance Agency (ERCA).
D. Justice Department (JD).
ANSWER: B, 54, K
101.Bona fide occupational qualifications can:
- be used to identify adverse impact
- be based on employer preference
- permit discrimination by an employer
- require reasonable accommodation on the part of the employer
ANSWER: C, 54, U