Florida International University

MAN 4701

Chapter 3

File: ch03, Chapter 3: Equal Employment Opportunity

1)Although the Civil Rights Act does not include sexual orientation as one of the protected classes, nearly all the states, plus over 800 cities and counties, protect employees from discrimination based on sexual orientation in the workplace.

2. Title VII prohibits discrimination in hiring, promotion, dismissal, benefits, compensation, or any other terms, conditions, or privileges of employment based on race, religion, color, gender, or national origin.

3. Adverse impact is a consequence of an employment practice that results in a greater rejection rate for the majority group than for a minority group.

4. If protected group members are more often evaluated poorly than non-protected group members, adverse treatment may have occurred.

5. Under the Age Discrimination in Employment Act of 1967, protection for employees from discrimination begins after 55 years of age.

6. The Family and Medical Leave Act permits employees in organizations of 50 or more workers to take up to 12 weeks of unpaid leave for family or medical reasons.

7. Employment discrimination may stem from a decision based on factors other than those relevant to the job.

8. In the case of Albemarle Paper Company v. Moody, the Supreme Court ruled that job-related tests are permissible for screening applicants.

9. Sexual harassment is a serious issue for both men and women in both public- and private-sector organizations. Nearly 12,000 complaints are filed with the EEOC each year; 16 percent of these are filed by male.

10. Comparable worth means that equal pay is provided for equal work, regardless of gender or ethnicity.

11. Interestingly, Equal Employment Laws in China resemble those in the U.S. today.

12. Two government agencies primarily responsible for enforcing equal employment opportunity laws are the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.

13. A claim made by African American males that minority candidates are given preferential treatment in employment is called reverse discrimination.

14. An airline that does not hire female pilots can defend against discriminatory charges through the use of a bona fide occupational qualification (BFOQ).

15. The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits employers from discriminating or retaliating against a job applicant or employee based on prior military service.

MATCHING KEY TERMS AND DEFINITIONS

1. Americans with Disabilities Act of 1990
2. EEOC
3. Bona fide occupational qualification (BFOQ)
4. Title VII

5. Sexual harassment
6. 4/5 rule
7. Glass ceiling
8. Comparable worth
1. Pregnancy Discrimination Act of 1978
10. Adverse impact
11. Reverse discrimination
50. Adverse treatment
1000. Affirmative action
14. Quid pro quo harassment
15. Hostile environment harassment

16. Some type of sexual behavior is expected as a condition of employment:
17. The most prominent piece of legislation regarding HRM. It states the illegality of discriminating against individuals based on race, religion, color, sex, or national origin.

18. A consequence of an employment practice that results in a greater rejection rate for a minority group than it does for the majority group in an occupation.

19. An employment situation where protected group members receive less positive treatment than other employees in matters such as performance evaluations and promotions.

20. Offensive and unreasonable situations in the workplace that interfere with the ability to work.

21. Law that requires employers to make reasonable accommodations.

22. Law prohibiting discrimination based on pregnancy.

23. A rough indicator of discrimination that requires that the proportion of minority applicants a company hires must equal at least 80 percent of the proportion majority applicants in the population hired.

24. Job requirements that are “reasonably necessary to meet the normal operations of that business or enterprise”.

25. A claim made by white males that minority candidates are given preferential treatment in employment decisions.

26. Anything of a sexual nature that creates a condition of employment, an employment consequence, or a hostile or offensive environment.

27. The enforcement arm for Title VII of the Civil Rights Act.

28. The invisible barrier that blocks females and minorities from ascending into the upper levels of an organization.

29. Equal pay for jobs similar in skills, responsibility, working conditions, and effort.

30. Programs instituted by an organization to correct past injustices in an employment process.

FILL-IN THE BLANKS

31. The Civil Rights of 1964 is divided into parts called                       .

32. The Equal Employment Opportunity Commission has enforcement mechanisms that include filing

                    lawsuits against organizations if unable to secure an acceptable resolution of discrimination charges within 120 days.

33.                    is a practice in organizations that includes actively seeking, hiring and promoting women and minorities to correct past discriminatory injustices.

34. The                granted the enforcement powers for the EEOC.

35. Under the ADA, companies are required to make             to provide a qualified individual access to the job.

36. The                       allows employees to retain their employer-offered health insurance coverage while taking unpaid leave for family matters.

37. The                   case led to a four-part test used to determine if discrimination has occurred.

38. The                     decision made invalid any test or diploma requirements that disqualified African Americans at a substantially higher rate than whites if the differentiation could not be proved job related.

39. In 1975, the case of                  clarified requirements for using and validating selection tests.

40. Under the                     veterans have the right to return to their jobs in the private sector when they return military service.

41. Age Discrimination in Employment Act of 1978 increased mandatory retirement age from a) 40 to 55.

b) 65 to 70.

c) 60 to 65.

d) 70 to 80.

e) 80 to 85.

42. Which of the following is NOT true regarding Title VII of the Civil Rights Act of 1964?

1. It prohibits discrimination in hiring, compensation, terms, conditions, and privileges of employment based on race, religion, color, sex, or national origin.
2. It protects employees 30-65 years of age from discrimination.
3. It prohibits retaliation against an individual who files a charge of discrimination.
4. It prohibits retaliation against an individual who opposes any unlawful practice.
5. It specifies compliance based on the number of employees in the organization.

43. Which of the following is a landmark Supreme Court decision stating that tests must fairly measure the knowledge or skills required for a job?

1. Civil Rights Act of 1964
2. Washington v. Davis (1967)
3. Griggs v. Duke Power Company (1971)
4. Civil Rights Act of 1991
5. McDonnell-Douglas Corp. v. Green (1973)

44. Which of the following is the most prominent piece of legislation regarding HRM?

1. Executive Order 11478
2. Executive Order 11246
3. Title VII of the Equal Employment Opportunity Act of 1972
4. Title VII of the Civil Rights Act of 1991
5. Title VII of the Civil Rights Act of 1964

45. Executive Order 11246

1. prohibits discrimination on the basis of race, religion, color, and national origin, by federal agencies as well as those working under federal contracts.
2. added sex-based discrimination Executive Order 11375.
3. granted the enforcement powers for the EEOC.
4. affords EEO protection to pregnant workers.
5. increased mandatory retirement age from 65 to 70.

46. The following is the arm of the federal government empowered to handle discrimination in employment cases:

1. Fair Employment Commission
2. Fair Labor Standards Commission
3. Equal Employment Opportunity Act
4. Equal Employment Opportunity Commission
5. Affirmative Action Commission

47.                   include activities or modifications to the work environment that allow the qualified individual to perform the work.

1. Seniority systems
2. Affirmative action
3. Disparate treatment
4. Reasonable accommodations
5. Reverse discrimination

48. Leo has requested that the EEOC investigate his case of employment discrimination. What initial steps can Leo expect?

1. Nothing. This is the wrong agency for employment discrimination complaints. He needs to file with the Sarbanes-Oxley agency.
2. The EEOC will take up to 120 days to secure acceptable resolution of the discrimination charges before filing suit.
3. The EEOC will help Leo form a labor union.
4. The EEOC will explain Title VII coverage to the work group.
5. The EEOC will pay the costs for Leo to file a civil suit against the employer.

49. Mary’s request that the EEOC investigate her case of employment discrimination was denied on the following grounds:

1. The company in question is exempt; it has only 10 employees.
2. The organization is a state government; it is exempt.
3. Higher education institutions are exempt from this law. He wanted to file charges against this school.
4. The EEOC does not investigate charges of employment discrimination.
5. Race based allegations are no longer the responsibility of the EEOC.

50. Which of the following is NOT true regarding affirmative action plans?

1. Affirmative action programs are instituted by a company to correct past injustices in an employment process.
2. Affirmative action means that a firm must take certain steps to show that it is not discriminating.
3. Affirmative action means that a firm must always hire members of minority groups and women before it hires white males.
4. Over the past decade, there has been a backlash against affirmative action programs.
5. It is unlikely that affirmative action programs disappear in the near future.

51. The                    is NOT a federal law affecting employment discrimination.

1. Civil Rights Act of 1964
2. Civil Rights Act of 1991
3. Equal Employment Opportunity Act of 1972
4. Fair Wage Standards Act of 1948
5. Americans with Disabilities Act of 1990

52. Peter has been a production supervisor at a plant for over 20 years. His performance record has been excellent until last year. Peter’s manager gave him low ratings during the last performance review. Peter just found out that his company is downsizing and that he is going to be laid off. Peter is 58 years of age. If Peter were to sue his company for discrimination, which of the following law would be most appropriate?

1. Equal Employment Opportunity Act of 1972
2. Age Discrimination in Employment Act of 1967
3. Job Security Act of 1984

4. Civil Rights Act of 1991
5. Civil Rights Act of 1964

53. In most organizations, affirmative action plans include all of the following steps EXCEPT

1. current workforce demographics are analyzed.
2. community demographic composition is identified for all job classifications.
3. goals and timetables are established for correcting imbalances between organizational and community demographics.
4. no member of a protected group is fired, demoted, or transferred.
5. job requirements are defined in terms of skills, abilities, and knowledge.

54. A large organization is an EEO employer with an affirmative action plan. Which of these activities is performed as part of the plan?

1. Employment decisions are based on group membership rather than individual performance.
2. Knowledge, skills, and abilities have been removed from all job analysis activities.
3. Fair employment practices are based on the premise that certain groups of people like to work together.
4. Executive perks are reported independently to the IRS.
5. Workforce demographics and community demographic patterns are monitored continually.

55. A security company instituted a 6’0’ height requirement as a condition of employment for security guards. Such a height requirement is likely to create

1. a disparate treatment.
2. an adverse impact.
3. a bona fide occupational impact.
4. a reverse discrimination effect.
5. a reverse treatment effect.

56. Jean, a 35-year-old mother of two, has been with her firm for 15 years. She wants to transfer out of the computer room of her organization, because the 90-pound boxes are too heavy for her to lift now that she is pregnant again. Her boss told her to either lift the boxes or quit. What law protects her from this treatment?

1. Civil Rights Act of 1991.
2. Pregnancy Discrimination Act of 1978.
3. Vocational Rehabilitation Act of 1973.
4. Executive Order 11375.
5. Age Discrimination in Employment Act of 1967.

57. Don is a recruiter for a large steel manufacturing firm. His favorite recruiting trip is to his alma mater, a city university in the tough part of the large metropolitan area where he grew up. He is glad to give these minority graduates a chance for an interview. About 10% of his new hires are from this school, one of 11 that he visits every fall. Don's firm is an active EEO employer. Is there a problem?

1. Yes. Disparate impact may result from this employment practice.
2. No. Affirmative action has no bearing on these hiring practices.
3. Yes. Reverse discrimination may result from this employment practice.
4. No. This is an appropriate EEO recruiting action.
5. Yes. EEO was rescinded because of actions such as Don’s.

58. Joni has been a secretary with her firm for nearly 30 years. She always receives excellent performance evaluations and eagerly learns new technology. Her boss has been urging her to get a facelift or retire, saying he wants a “young feel” to the office. What law protects her from this treatment?

59. If you were vice-president of human resources for a large organization, how could you find out if disparate impact was occurring in your organization?

60. Which of the following is NOT a protected status category?

61. The Americans with Disabilities Act of 1990 included all of the following provisions EXCEPT

62. Larry, a 62 year old, has just been offered a full time job as merchandise representative for a large firm. He is not offered an opportunity to participate in the pension plan. Can he sue under the ADEA?

63. Yogesh has difficulties speaking clearly and quickly due to a severe speech impairment. He applied for a telemarketing job in a marketing research company that employed 42 employees. However, the employer did not hire him because of his inability to talk quickly and clearly. Being able to talk quickly is an essential qualification for the job given the high volume of phone calls that telemarketers have to place during a day. Is this employer potentially liable under the Americans with Disabilities Act?

64. Cindy, a stock analyst, just tested HIV positive. Which statement applies to her situation?

65. Sharon is confined to a wheelchair since her accident. Her employer supplied a special desk and widened the aisles so that she can get to her work station and work. This action is known as

66. Dan has been the night and weekend manager of a film processing firm with 35 employees for the past 10 years. His mother fell and broke her hip. He requested two months off to care for her. Will the Family and Medical Leave Act protect his job?

1. No. The legislation applies only to female employees.
2. No. The legislation applies only to children, not to parents.
3. No. Two months is longer than the law allows.
4. No. He hasn’t worked there long enough.

5. No. Dan's company is too small.

67. Abby is the night and weekend manager of a film processing firm with 75 employees. Eighteen months after she was hired, her mother fell and broke her hip. She requested four months off to care for her. Will the Family and Medical Leave Act protect her job?

1. No. The legislation applies only to male employees.
2. No. The legislation applies only to children, not to parents.
3. No. Four months is longer than the law allows.
4. No. She hasn’t worked there long enough.
5. No. Her company is too small.

68. Dana is the senior critical manager of a film processing firm with 75 employees. Her father fell and broke his hip. Dana, a 20-year employee, has requested two months off to care for him. Will the Family and Medical Leave Act protect her job?

1. No. She is a key employee.
2. No. The legislation applies only to children, not to parents.
3. No. Two months is longer than the law allows.
4. No. She hasn’t worked there long enough.
5. No. Dana's company is too small.

69. Which of the following is true regarding Executive Order 11246?

1. It prohibits employment discrimination on the basis of race, religion, color, sex, or national origin for all private employers.
2. It allows for punitive and compensatory damages through jury trials.
3. It prohibits discrimination on the basis of race, religion, color, and national origin by federal agencies as well as those working under federal contracts.
4. It covers all organizations with contracts of $4,000 or more with the federal government.
5. It protects employees 40-65 years of age from discrimination.

70. All of these statements about the 1991 Civil Rights Act are accurate EXCEPT, the Act

1. prohibits racial harassment on the job.
2. allows for punitive and compensatory damage through jury trials.
3. reduces the Griggs decision impact.
4. reinforces the illegality of employers who make hiring or firing decisions on the basis of race or ethnicity.
5. places the burden of proof on the employer.

71. You are vice-president of human resources of a large pharmaceutical manufacturer. Your firm has a longstanding tradition of promoting from within. New hires are fresh college graduates with no experience, no advanced degrees. Your firm is being sued by Ed, a 45-year-old MBA, who has attempted to apply for a general manager job. He knows the position is available because the incumbent died and the obituary was

public information. He is claiming age discrimination. Which of the following discrimination defenses should be employed?

1. The 4/5 rule
2. McDonnell-Douglas Test
3. Geographical comparison
4. Performance ratio comparison
5. Seniority systems

72. A company used a personality test to select job candidates for customer service positions. There were 40 male candidates and 20 female candidates. It appeared that 30 men passed the personality test while 5 women passed the personality test. Was there evidence of disparate impact against female candidates with this personality test?

1. No, because this is an example of disparate treatment.
2. No, because a passing rate of 25% (5/20) for the female candidates is fairly good.
3. No, because the personality test may not be very reliable.
4. Yes, because the passing rate of the female candidates (25%) is less than 80% of the passing rate of the male candidates (75%).
5. No, because the passing rate of the female candidates (25%) is more than 20% of the passing rate of the male candidates (75%).

73. An allegation of discrimination could be supported under a geographical comparison test in which instance?

1. Mary, a 50-year-old chemical engineer, responded to a position advertised as "Chemical Engineer: BS in Chemical Engineering, plus 5 years’ experience or equivalent." She received a form letter in response that said applications were no longer being accepted for this position. She saw the same position advertised 2 days later.
2. Don, a 35-year old MBA, was not interviewed by the XYZ company for the position of general manager. He knew that when his uncle was going to retire next month, a general manager position would be available. The firm has a policy of promoting from within and hires only inexperienced, newly graduated applicants.
3. A large Miami-based financial institution has no Hispanics on the payroll.
4. Jose, who speaks only Spanish, applied for a postal service job which was posted in English, Spanish, and French. He was told applications were no longer being accepted for this position.
5. Jon, an HIV positive postal worker, was passed over for promotion because of his physical condition. He had successfully completed all training requirements and passed the qualifying examination.

74. An allegation of discrimination could be supported under the restricted policy infraction test in which instance?

1. Company position advertisements state that travel is required, approximately 10-12 days per month.
2. The XYZ company has a policy of promoting from within. They only hire inexperienced, newly graduated applicants, mostly from local universities.
3. A large Baltimore-based financial institution has no African-Americans on the payroll.
4. Jon, an HIV+ postal worker, was passed over for promotion. He had successfully completed all training requirements, but he failed to pass the qualifying examination.
5. Company position available announcements are posted in English and French. Most of the Hispanic workers only speak Spanish.

75. Which of the following is NOT true regarding bona fide occupational qualifications (BFOQs)?

1. BOFQs cannot be used in cases of race or color.
2. A faculty member must be catholic to teach at a Jesuit university.
3. BFOQs are narrowly defined.
4. Religion may be used as a differentiating factor in ordaining a church minister.
5. When used as a response to EEO charges, BFOQs must be directly related to the job.

76. Which of the following reaffirmed the use of preferential treatment based on gender to overcome problems in existing affirmative action programs?

1. Griggs v. Duke Power.
2. Washington v. Davis.
3. Johnson v. Santa Clara County Transportation Agency
4. Wyant v. Jackson Board of Education.

d) Firefighters Local 1784 v. Stotts.

77. Which case found that layoffs of white workers to establish racial or ethnic balances were illegal?

1. Griggs v. Duke Power.
2. Washington v. Davis.
3. Wyant v. Jackson Board of Education.
4. U. S. v. Paradise.
5. Wards Cove Packing Company v. Antonio.

78. Which Supreme Court case had the effect of potentially undermining two decades of gains made in equal employment opportunities?

1. Griggs v. Duke Power.
2. Washington v. Davis.
3. Wyant v. Jackson Board of Education.
4. U. S. v. Paradise.
5. Wards Cove Packing Company v. Antonio.

79. Griggs v. Duke Power (1971) is important for all of these reasons EXCEPT:

1. In its decision, the Supreme Court adopted the interpretative guidelines set out under Title VII.
2. It made the use of intelligence and conceptual tests used in hiring illegal without direct empirical evidence that the tests were valid.
3. It prevented employment testing in the hiring process for most jobs.
4. It placed the burden of proof on management if testing was questioned.
5. It was a landmark case against disparate impact.

80. Which of the following was a noteworthy case of reverse discrimination?

1. Griggs v. Duke Power.

2. Washington v. Davis.
3. Wyant v. Jackson Board of Education.
4. United Steelworkers of America v. Weber
5. Wards Cove Packing Company v. Antonio.

81. Which of the following EEOC action steps are pursued if the company offers to settle the case after the complaint is filed and the process to determine the validity of the complaint is initiated?

1. Written charges are filed by an individual employee.
2. The EEOC notifies the organization of the filing within 10 days.
3. The process stops.
4. The company is notified of the EEOC findings within 120 days.
5. The company is notified that it has 90 days to file under the right-to-sue clause.

82. Which of the following is NOT true regarding HRM outside the United States?

1. Canadian laws pertaining to HRM practices closely parallel those in the United States.
2. India’s Supreme Court recently declared sexual harassment to be illegal under a constitutional guarantee of the right to gender equity and requires all employers with more than 50 employees to have a sexual harassment prevention policy.
3. In Australia, a very small percentage of the workforce is unionized.
4. Australia’s discrimination laws were not enacted until the 1980s.
5. In Germany, legislation requires companies to practice representative participation.

83. Which of the following is NOT true regarding sexual harassment?

1. More than 13,000 complaints are filed with the EEOC each year.
2. Sexual harassment can be regarded as any unwanted activity of a sexual nature that affects an individual’s employment.
3. Sexual harassment can only occur between members of the opposite sex.
4. Sexual harassment can occur between members of the opposite sex or of the same sex.
5. Sexual harassment creates an unpleasant work environment for organization members.

84. The EEOC cites all of the following in determining whether or not sexual harassment has occurred EXCEPT:

85. Which of the following is true regarding employer liability for sexual harassment actions?

86. Dion, an HR manager, is developing a new compensation system that links pay to factors that are present to varying degrees in the organization. The goal is that dissimilar jobs which are equivalent in terms of knowledge, skills, and abilities are paid similarly. This project is an application of