Ch03 Equal Employment Opportunity.docx

Chapter 3: Equal Employment Opportunity 1. The beginning of equal employment opportunity is usually attributed to the passage of the 1964 Civil Rights Act. Ans: True Response: See page 60, LAWS AFFECTING DISCRIMINATORY PRACTICES 2. 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. Ans: False Response: See page 62, The Importance of the Civil Rights Act of 1964 3. The Family and Medical Leave Act permits employees in firms of 100 or more employees to take up to 12 weeks of paid leave for family or medical reasons. Ans: False Response: 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. 4. The EEOC begins enforcement action with mediation meetings. Ans: False Response: These meetings are used only if informal processes are unsuccessful. 5. A Bona fide occupational qualification refers to job requirements that are “reasonably necessary to meet the normal operations of that business or enterprise”. Ans: True Response: See page 70, Responding to an EEO Charge Multiple Choice 6. Company XYZ used a cognitive ability test to select job applicants for software designer positions. There were 60 male candidates and 30 female candidates. It appeared that 40 men passed the cognitive ability test and 10 women passed the test. Was there an adverse impact against female candidates with this test? a) No, because the passing rate of the female candidates (1/3) is more than 40% of the passing rate of the male candidates (2/3). b) No, because a passing rate of 25% (1/3) for the female candidates is reasonably close to that of the male candidates (2/3). c) No, because the cognitive ability test may not be valid. d) Yes, because the passing rate of the female candidates (1/3) is less than 80% of the passing rate of the male candidates (2/3). e) No, because the lower passing rate for women is an example of disparate treatment and not an example of adverse impact. Ans: d Response A: The 4/5ths rule requires that the number of minority members a company hires must equal at least 80 percent of the majority members in the population hired. Response B: See the 4/5ths rule, page 68. Response C: Incorrect. Response D: Correct! Response E: Disparate treatment is an employment situation where protected group members receive different treatment than other employees in matters such as performance evaluations and promotions. 7. Which of the following is not true regarding Title VII of the Civil Rights Act of 1964? a) It prohibits discrimination in hiring, compensation, terms, conditions, and privileges of employment based on race, religion, color, sex, or national origin. b) It protects employees 40-65 years of age from discrimination. c) It prohibits retaliation against an individual who files a charge of discrimination. It prohibits retaliation against an individual who opposes any unlawful practice. e) It specifies compliance based on the number of employees in the organization. Ans: b Response A: True. Response B: Correct! See pages 60-61, The Importance of the Civil Rights Act of 1964. Response C: True. Response D: True. Response E: True. 8. Which of the following is not true regarding affirmative action plans? a) Affirmative action programs are instituted by a company to correct past injustices in an employment process. b) Affirmative action means that a firm must take certain steps to show that it is not discriminating. c) Affirmative action means that a firm must always hire members of minority groups and women before it hires white males. d) Over the past decade, there has been a backlash against affirmative action programs. e) It is unlikely that affirmative action programs disappear in the near future. Ans: c Response A: True. Response B: True. Response C: Correct! The Importance of the Civil Rights Act of 1964. Response D: True. Response E: True. 9. Dan, an HR recruiter, just returned from a trip to his alma mater, an exclusive east coast men’s school. He visits 12 schools a season. He just hired 75% of his new hires for this year. Dan’s firm is an EEO employer. Is there a problem? a) Yes. Disparate impact may result from this employment practice. b) No. EEO has no bearing on such hiring practices. c) Yes. This action violated comparable worth. d) No. This action is exactly what EEO encourages. e) Yes. Employment tests are required for all new employees. Ans: a Response A: Correct! Response B: No. This is exactly why EEO exists. Response C: No. Comparable worth deals with compensation practices. Response D: Just the opposite is true. Response E. Not really relevant. However, employment testing is another type of EEO potential problem. 10. Larry, confined to a wheelchair since his accident, has been denied a job as a data clerk because the workstations are too small to accommodate his wheelchair. Can he sue under the ADA? a) Yes. This is a clear instance of adverse impact. b) No. Data clerks are expected to work in tight quarters. c) Yes. This is a clear violation of reasonable accommodation. d) No. The correct law in this case is the EEOC. e) Yes. Title VIII specifically addresses Larry’s situation. Ans: c Response A: No, wrong law. Response B: Maybe, but an exception should be made for him if he can do the work. Response C: Correct! See page 65 or more information. Response D: No, ADA is the correct legislation. Response E: No, wrong law. 11. A security company instituted a 5’10’’ height requirement as a condition of employment for security guards. Such a height requirement is likely to create: a) a disparate treatment. b) an adverse impact. c) a bona fide occupational impact. d) a reverse discrimination effect. e) a reverse treatment effect. Ans: b Response A: A disparate treatment is an employment situation where protected group members receive different treatment than other employees in matters such as performance evaluations and promotions. Response B: Correct! Response C: This is not an actual term. Response D: Reverse discrimination is a claim made by white males that minority candidates are given preferential treatment in employment decisions. Response E: This is not an actual term. 12. Which Supreme Court case 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? a) Griggs v. Duke Power. b) Washington v. Davis. c) Wyant v. Jackson Board of Education. d) U.S. v. Paradise. e) Wards Cove Packing Company v. Antonio. Ans: a Response A: Correct! Response B: No. Response C: No. Response D: No. Response E: No. 13. Which of the following is a legal BFOQ? a) Airline flight attendants must be female. b) Airline pilots must be male. c) Airline baggage handlers must have a college degree. d) Education level may be used as a selection factor when hiring college professors. e) Washroom attendants must be the same gender as the washroom designation. Ans: d Response A: Not any more. Response B: Not any more. Response C: No. Response D: Correct! Response E: No. 14. Which of the following act allows employees to retain their employer-offered health insurance coverage while taking unpaid leave for family matters? a) Family and Medical Leave Act of 1993. b) Title VII of the Civil Rights Act of 1991. c) Title VII of the Civil Rights Act of 1964. d) Americans with Disabilities Act of 1990. e) Pregnancy Discrimination Act of 1978. Ans: a Response A: Correct! Response B: No. Response C: No. Response D: No. Response E: No. 15. Ted, an HR executive, is attending a conference. Topics include specific mentoring assignments for potential executive candidates, job options that enhance promotion potential for traditionally underrepresented candidates, and the value of diversity at all levels of an organization. What is the conference focus? a) Comparable worth b) Glass ceiling c) Adverse impact d) Work equivalencies e) Disparate impact Ans: b Response A: Not really, although maybe a part of the focus. Response B: Correct! Response C: No. This is limited to hiring practices. Response D: No. Response E: Not really, the focus is bigger.