Chapter 2

Human Resource Management, 12e (Dessler)
Chapter 2 Equal Opportunity and the Law

1) Which Amendment to the U.S. Constitution states that "no person shall be deprived of life,
liberty, or property, without due process of the law"
A) !irst Amendment
") !ifth Amendment
C) #enth Amendment
$) #hirteenth Amendment
%) !ourteenth Amendment
Answer: B
%&planation' #he !ifth Amendment to the U.S. Constitution (ratified in 1)*1) states that "no
person shall be deprived of life, liberty, or property, without due process of the law." #he
#hirteenth Amendment (1+,-) outlawed slavery, and courts have held that it bars racial
discrimination.
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.) #he 66666666 Amendment to the U.S. Constitution outlawed slavery, and courts have held
that it bars racial discrimination.
A) !irst
") !ifth
C) #enth
$) #hirteenth
%) !ourteenth
Answer: D
%&planation' #he #hirteenth Amendment (1+,-) outlawed slavery, and courts have held that it
bars racial discrimination. #he !ifth Amendment to the U.S. Constitution (ratified in 1)*1) states
that "no person shall be deprived of life, liberty, or property, without due process of the law."
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1
Copyri0ht 7 .811 /earson %ducation, 9nc.
2) #he 12th Amendment to the U.S. Constitution addresses the sub4ect of 66666666.
A) due process
") slavery
C) private property
$) trial by 4ury
%) women:s ri0hts
Answer: B
%&planation' #he 12th Amendment to the U.S. Constitution abolished slavery and courts have
held that it bars racial discrimination. #he -th Amendment addresses due process, and the ,th
Amendment re;uires a trial by 4ury.
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<) #he 66666666 0ives all persons the same ri0ht to ma5e and enforce contracts and to benefit
from the laws of the land.
A) !ifth Amendment
") Civil 1i0hts Act of 1+,,
C) #itle =99 of the 1*,< Civil 1i0hts Act
$) Civil 1i0hts Act of 1**1
%) #hirteenth Amendment
Answer' "
%&planation' #he Civil 1i0hts Act of 1+,, 0ives all persons the same ri0ht to ma5e and enforce
contracts and to benefit from U.S. laws. #he !ifth Amendment to the U.S. Constitution (ratified
in 1)*1) states that "no person shall be deprived of life, liberty, or property, without due process
of the law." #he #hirteenth Amendment (1+,-) outlawed slavery, and courts have held that it
bars racial discrimination. #itle =99 of the 1*,< Civil 1i0hts Act states that employers cannot
discriminate based on race, color, reli0ion, se&, or national ori0in.
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.
-) #itle =99 of the 1*,< Civil 1i0hts Act e&plicitly prohibits employers from discrimination
based on all of the followin0 characteristics %>C%/# 66666666.
A) race
") reli0ion
C) color
$) se&ual orientation
%) national ori0in
Answer' $
%&planation' #itle =99 of the 1*,< Civil 1i0hts Act states that an employer cannot discriminate
based on race, color, reli0ion, se&, or national ori0in. #itle =99 bars discrimination on the part of
most employers both public and private with 1- or more employees. Se&ual orientation is not
directly addressed under the law.
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,) Accordin0 to #itle =99 of the 1*,< Civil 1i0hts Act, which of the followin0 employers would
be le0ally allowed to refuse employment to an individual based on race, reli0ion, or se&
A) a state a0ency with ,- employees
") a medical office with .- employees
C) a local restaurant with 18 employees
$) a department store with 188 employees
%) a public school with 28 employees
Answer' C
%&planation' #itle =99 bars discrimination on the part of most employers, includin0 all public or
private employers of 1- or more persons. 9t also covers all private and public educational
institutions, the federal 0overnment, and state and local 0overnments. A business with fewer than
1- employees would le0ally be allowed to refuse employment based on race, reli0ion, se&, or
national ori0in.
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2
)) Which le0islation was responsible for the creation of the %;ual %mployment 3pportunity
Commission
A) 12th Amendment
") %;ual /ay Act of 1*,2
C) Civil 1i0hts Act of 1+,,
$) %&ecutive 3rders 11.<, and 112)-
%) #itle =99 of the 1*,< Civil 1i0hts Act
Answer' %
%&planation' #itle =99 established the %;ual %mployment 3pportunity Commission (%%3C) to
administer and enforce the Civil 1i0hts law at wor5. #he commission itself consists of five
members appointed by the president with the advice and consent of the Senate. %&ecutive 3rders
11.<, and 112)- established the 3ffice of !ederal Contract Compliance /ro0rams.
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+) #he %%3C was initially established to investi0ate complaints about 66666666.
A) 4ob discrimination
") unfair business practices
C) se&ual harassment in schools
$) structural accommodations for disabled people
%) overtime payments for labor union members
Answer' A
%&planation' #itle =99 established the %;ual %mployment 3pportunity Commission (%%3C) to
administer and enforce the Civil 1i0hts law at wor5. #he %%3C receives and investi0ates
4ob discrimination complaints from a00rieved individuals.
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*) ?ow many members serve on the %;ual %mployment 3pportunity Commission
A) 2
") -
C) *
$) 18
%) 1.
Answer' "
%&planation' #he %;ual %mployment 3pportunity Commission (%%3C) consists of five
members appointed by the president with the advice and consent of the Senate. %ach member
serves a -@year term.
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18) Which of the followin0 appoints the members of the %%3C
A) U.S. Con0ress
") U.S. Supreme Court
C) /resident of the United States
$) $epartment of Austice
%) American voters
Answer' C
%&planation' #he %%3C consists of five members appointed by the president with the advice and
consent of the Senate. %ach member serves a -@year term.
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11) Which of the followin0 re;uires e;ual pay for e;ual wor5 re0ardless of se&
A) #itle =99 of the 1*,< Civil 1i0hts Act
C) %&ecutive 3rder 11.<,
$) /ay $iscrimination in %mployment Act of 1*,)
%) Civil 1i0hts Act of 1**1
Answer' "
%&planation' Under the %;ual /ay Act of 1*,2 (amended in 1*).), it is unlawful to discriminate
in
pay on the basis of se& when 4obs involve e;ual wor5B re;uire e;uivalent s5ills, effort, and
responsibilityB and are performed under similar wor5in0 conditions.
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1.) When companies utiliCe 66666666, they ta5e steps to eliminate the present effects of past
discrimination.
A) affirmative action
") e&ecutive orders
C) rehabilitation action
$) civil ri0hts 0uidelines
%) e;ual pay rules
Answer' A
%&planation' Affirmative action refers to steps that are ta5en for the purpose of eliminatin0 the
present effects of past discrimination. #he %;ual /ay Act of 1*,2 re;uires employers to pay
e;ual pay for e;ual wor5, and the =ocational 1ehabilitation Act of 1*)2 re;uires employers with
federal contracts of more than D.,-88 to ta5e affirmative action in employin0 disabled persons.
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-
12) Which of the followin0 is responsible for implementin0 %&ecutive 3rders 11.<, and 112)-
that were issued by the Aohnson administration
A) %;ual %mployment 3pportunity Commission
") /ension "enefits Euarantee Corporation
C) 3ccupational Safety and ?ealth Administration
$) Fational Gabor 1elations "oard
%) 3ffice of !ederal Contract Compliance /ro0rams
Answer' %
%&planation' #he Aohnson administration (1*,2H1*,*) issued %&ecutive 3rders 11.<, and 112)-
which didn:t 4ust ban discrimination but also re;uired that 0overnment contractors with contracts
of over D-8,888 and -8 or more employees ta5e affirmative action to ensure employment
opportunity for those who may have suffered past discrimination. #hese orders also established
the 3ffice of !ederal Contract Compliance /ro0rams (3!CC/) to implement the orders and
ensure compliance.
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1<) Which of the followin0 factors is F3# an acceptable basis for different pay for e;ual wor5
under the %;ual /ay Act of 1*,2
A) merit
") seniority
C) 0ender
$) production ;uality
%) production ;uantity
Answer' C
%&planation' Under the %;ual /ay Act of 1*,2 (amended in 1*).), it is unlawful to discriminate
in pay on the basis of se& when 4obs involve e;ual wor5B re;uire e;uivalent s5ills, effort, and
responsibilityB and are performed under similar wor5in0 conditions. /ay differences
derived from seniority systems, merit systems, and systems that measure earnin0s by production
;uantity or ;uality or from any factor other than se& do not violate the act.
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,
1-) /aul is a <*@year@old American of An0lo@Sa&on descent. What le0islation is most li5ely
intended to protect /aul from discrimination
A) %&ecutive 3rder 112)-
C) %&ecutive 3rder 11.<,
$) A0e $iscrimination in %mployment Act of 1*,)
%) #hirteenth Amendment to the U.S. Constitution
Answer' $
%&planation' #he A0e $iscrimination in %mployment Act of 1*,) (A$%A) made it unlawful to
discriminate a0ainst employees or applicants who are between <8 and ,- years of a0e.
%&ecutive 3rders 11.<, and 112)- re;uire 0overnment contractors to ta5e affirmative action, the
12th Amendment barred slavery, and the %;ual /ay Act made it unlawful to discriminate in pay
based on the employee:s 0ender.
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1,) Accordin0 to the A0e $iscrimination in %mployment Act of 1*,), it is unlawful to
66666666.
A) sue an employer for a0e@based pay
") fire older employees for insubordination
C) re;uire employees to retire at a0e ,-
$) allow 4uries to determine a0e discrimination
%) institute a minimum a0e for employees
Answer' C
discriminate a0ainst employees or applicants who are between <8 and ,- years of a0e.
Subse;uent amendments eliminated the a0e cap, effectively endin0 most mandatory
retirement at a0e ,-. #he A$%A allows 4ury trials.
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)
1)) #he 66666666 re;uires certain federal contractors to ta5e affirmative action for disabled
persons.
A) %;ual /ay Act
B) Vocational Rehailitation Act
C) A0e $iscrimination in %mployment Act
$) Americans with $isabilities Act
%) Civil 1i0hts Act
Answer' "
%&planation' #he =ocational 1ehabilitation Act of 1*)2 re;uires employers with federal
contracts of more than D.,-88 to ta5e affirmative action in employin0 disabled persons. 9t does
not re;uire hirin0 un;ualified people. 9t does re;uire an employer to ta5e steps to accommodate a
disabled wor5er unless doin0 so imposes an undue hardship on the employer, which is addressed
by the A$A.
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1+) Which of the followin0 refers to hi0hly recommended procedures issued by federal a0encies
re0ardin0 employee selection, record 5eepin0, and preemployment in;uiries
A) 4ob specifications
") employment metrics
C) process charts
D) uni!or" #uidelines
%) applicant trac5in0 systems
Answer' $
%&planation' Uniform 0uidelines are issued by federal a0encies char0ed with ensurin0
compliance with e;ual employment federal le0islation e&plainin0 recommended employer
procedures in detail. #hey set forth "hi0hly recommended" procedures re0ardin0 thin0s li5e
employee selection, record 5eepin0, and preemployment in;uiries.
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+
1*) Which of the followin0 does F3# participate in the issuance of uniform 0uidelines
A) %%3C
") $epartment of Gabor
C) Better Business Bureau
$) $epartment of Austice
%) Civil Service Commission
Answer' C
%&planation' #he %%3C, Civil Service Commission, $epartment of Gabor, and $epartment of
Austice to0ether issued uniform 0uidelines. #hese set forth "hi0hly recommended" procedures
re0ardin0 thin0s li5e employee selection, record 5eepin0, and preemployment in;uiries. #he
"etter "usiness "ureau is not involved in issuin0 uniform 0uidelines.
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.8) Uniform 0uidelines from the %%3C are recommended for employers to use in matters
re0ardin0 all of the followin0 %>C%/# 66666666.
A) employee selection
") record 5eepin0
C) preemployment in;uiries
$) se&ual harassment
E) psycholo#ical testin#
Answer' %
%&planation' #he %%3C, Civil Service Commission, $epartment of Gabor, and $epartment of
Austice
to0ether issue uniform 0uidelines. #hese set forth "hi0hly recommended" procedures re0ardin0
thin0s li5e employee selection, record 5eepin0, se&ual harassment, and preemployment in;uiries.
#he American /sycholo0ical Association has its own non@le0ally bindin0 Standards for
%ducational and /sycholo0ical #estin0.
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*
.1) Which Supreme Court case was used to define unfair discrimination in con4unction with
%%3 laws
A) Buckley v. Valeo
") Brown v. Board of Education
C) Griggs v. Duke Power Company
$) West Coast Hotel Co. v. Parrish
%) Abington School istrict v. Sche!""
Answer' C
%&planation' #riggs v. uke Power Co!"any was a landmar5 Supreme Court case used to define
unfair discrimination as put forth in %%3 laws such as #itle =99. #he Court ruled that
employment practices must be 4ob related and that discrimination does not have to be overt to be
ille0al. Brown v. Board of Education held that se0re0ation in public schools was unconstitutional.
Choices A, $, and % were not cases related to %%3 laws.
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..) 9n #riggs v. uke Power Co!"any, Eri00s sued the power company because it re;uired coal
handlers to be hi0h school 0raduates. #he Supreme Court ruled in favor of Eri00s because
66666666.
A) hi#h school diplo"as were not related to success as a coal handler
") $u5e /ower Company intentionally discriminated based on race
C) no business necessity e&isted for $u5e /ower Company
$) #itle =99 forbids 4ob testin0
%) Eri00s held a E%$
Answer' A
%&planation' #he Court ruled in favor of Eri00s because havin0 a hi0h school diploma was not
relevant to the 4ob of coal handler. #he Court held that an employment practice must be 4ob
related if it has an une;ual impact on members of a protected class.
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18
.2) 9f a person is in a protected class, he or she is protected by which of the followin0
A) $epartment of Gabor 0uidelines
") Sarbanes@3&ley Act
C) $itle V%% o! the Ci&il Ri#hts Act
$) Consumer /rotection Act
%) Fational Gabor 1elations "oard
Answer' C
%&planation' #he term protected class refers to persons such as minorities and women who are
protected by e;ual opportunity laws, includin0 #itle =99. Choices A, ", $, and % are not e;ual
opportunity laws.
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.<) All of the followin0 are principles established by #riggs v. uke Power Co!"any %>C%/#
66666666.
A) burden of proof is on the employer
B) per!or"ance standards should e una"i#uous
C) business necessity is a defense for an e&istin0 pro0ram
$) employment selection practices must be 4ob related
%) discrimination does not have to be overt to be ille0al
Answer' "
%&planation' #he Court ruled in #riggs v. uke Power Co!"any that the burden of proof is on
the employer to show that a hirin0 practice such as testin0 is 4ob related. #he Court also ruled
that business necessity is the defense for any e&istin0 pro0ram that has adverse impact and that
discrimination does not have to be overt to be ille0al. #he case did not address performance
standards.
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.-) Under the principles established by #riggs v. uke Power Co!"any, 66666666 can be used
as a defense for any e&istin0 pro0ram that has adverse impact.
A) occupational ;ualification
B) usiness necessity
C) affirmative action
$) burden of proof
%) fair in form
Answer' "
%&planation' "usiness necessity is the defense for any e&istin0 pro0ram that has adverse impact
accordin0 to #riggs. #he court did not define business necessity.
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11
.,) Which court case provided details re0ardin0 how employers could validate the relationship
between screenin0 tools and 4ob performance
A) West Coast Hotel Co. v. Parrish
B) Alemarle Paper Company v. Moo!y
C) #riggs v. uke Power Co!"any
$) Burlington $ndustries v. Ellerth
%) Ward Cove v. Atonio
Answer' "
%&planation' 9n the Albe!arle case, the Court provided more details on how employers could
prove that tests or other screenin0 tools relate to 4ob performance. !or e&ample, the Court said
that if an employer wants to test candidates for a 4ob, then the employer should first clearly
document and understand the 4ob:s duties and responsibilities.
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.)) Under the Civil 1i0hts Act of 1**1, once a plaintiff shows disparate impact, who has the
burden of provin0 that the challen0ed practice is 4ob related
A) plaintiff
") employee
C) e"ployer
$) 4ud0e
%) %%3C
Answer' C
%&planation' Accordin0 to the Civil 1i0hts Act of 1**1, once an a00rieved applicant or
employee demonstrates that an employment practice (such as "must lift 188 pounds") has a
disparate (or "adverse") impact on a particular 0roup, then the burden of proof shifts to the
employer, who must show that the challen0ed practice is 4ob related.
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1.
.+) Accordin0 to the Civil 1i0hts Act of 1**1, an employee who claims intentional
discrimination can sue for all of the followin0 %>C%/# 66666666.
A) bac5 pay
") 4ob reinstatement
C) punitive dama0es
$) compensatory dama0es
E) sustanti&e consolidation
Answer' %
%&planation' Accordin0 to the Civil 1i0hts Act of 1**1, an employee who claims intentional
discrimination can sue for bac5 pay, attorneys: fees, court costs, 4ob reinstatement, punitive
dama0es, and compensatory dama0es. Substantive consolidation is a le0al term referrin0 to debt
consolidation.
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.*) 1ace, color, reli0ion, se&, or national ori0in is a motivatin0 factor in a termination, but the
employee would have been terminated for failure to perform anyway. Which of the followin0
most li5ely e&ists in this situation
A) "i'ed "oti&e
") business necessity
C) disparate impact
$) liability defense
%) burden of proof
Answer' A
%&planation' An unlawful employment practice is established when the complainin0 party
demonstrates that race, color, reli0ion, se&, or national ori0in was a motivatin0 factor for any
employment practice, even thou0h other factors also motivated the practice. Some employers in
so@called "mi&ed motive" cases had ta5en the position that even thou0h their actions were
discriminatory, other factors li5e the employee:s dubious behavior made the 4ob action
acceptable. Under C1A 1**1, an employer cannot avoid liability by provin0 it would have ta5en
the same actionIsuch as terminatin0 someoneIeven without the discriminatory motive.
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12
28) Which of the followin0 re;uires employers to ma5e reasonable accommodations for disabled
employees
A) Civil 1i0hts Act of 1**1
C) A"ericans with Disailities Act o! ())*
$) =ocational 1ehabilitation Act of 1*)2
%) $isability $iscrimination in %mployment Act of 1*,)
Answer' C
%&planation' #he Americans with $isabilities Act (A$A) of 1**8 prohibits employment
discrimination
a0ainst ;ualified disabled individuals. 9t also says employers must ma5e "reasonable
accommodations" for physical or mental limitations unless doin0 so imposes an "undue
hardship" on the business.
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21) Accordin0 to the Americans with $isabilities Act, which of the followin0 would be
considered a disability
A) homose&uality
") voyeurism
C) pyromania
$) compulsive 0amblin0
E) A%D+
Answer' %
%&planation' #he A$A specifies conditions that it does not re0ard as disabilities, includin0
homose&uality, bise&uality, voyeurism, compulsive 0amblin0, pyromania, and certain disorders
resultin0 from the current ille0al use of dru0s. #he %%3C:s position is that the A$A prohibits
discriminatin0 a0ainst people with ?9=JA9$S.
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1<
2.) Which type of disability accounts for the 0reatest number of A$A claims
A) dru0@related
") cosmetic
C) "ental
$) vision
%) hearin0
Answer' C
%&planation' Kental disabilities account for the 0reatest number of A$A claims. Under %%3C
A$A 0uidelines, "mental impairment" includes "any mental or psycholo0ical disorder, such as . .
. emotional or mental illness." $ru0@related conditions are 0enerally not re0arded as disabilities.
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22) Under A$A, those who can carry out the essential functions of the 4ob are 5nown as which
of the followin0
A) protected class
") line mana0ers
C) career anchors
$) staff authorities
E) quali!ied indi&iduals
Answer' %
%&planation' #he A$A prohibits discrimination a0ainst ;ualified individualsIthose who, with
(or without) a reasonable accommodation, can carry out the essential functions of the 4ob. #he
individual must have the re;uisite s5ills, educational bac50round, and e&perience to do the 4ob.
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2<) Which of the followin0 best e&plains why employers win the ma4ority of A$A cases
A) %mployers ma5e the necessary reasonable accommodations for employees.
") %mployers prove that a0e ne0atively impacts an employee:s 4ob performance.
C) E"ployees !ail to pro&e that they are disaled yet quali!ied to per!or" a ,o.
$) Conservative 4ud0es are sympathetic towards small@business owners.
%) %mployee attorneys fail to draw connections between #itle =99 and A$A.
Answer' C
%&planation' %mployers traditionally prevailed in almost allI*,LIfederal circuit court A$A
decisions. A main reason is that employees were failin0 to show that they were disabled and
;ualified to do the 4ob. Unli5e with #itle =99 of the Civil 1i0hts Act, the employee must establish
that he or she has a disability that fits under the A$A.
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1-
2-) Which of the followin0 will be the most li5ely result of the A$A Amendments Act of .88+
A) E"ployees will !ind it easier to pro&e that their disailities are li"itin#-
") #he number of ma4or life activities considered disabilities will be narrowed.
C) %mployers will be re;uired to ma5e fewer accommodations for wor5ers with disabilities.
$) %mployers will be re;uired to hire a specific percenta0e of disabled wor5ers to be in
compliance.
%) %mployees will apply for more 4obs 5nowin0 that the le0islation 0uarantees their
employment.
Answer' A
%&planation' #he new A$AA:s basic effect will be to ma5e it much easier for employees to show
that their disabilities are limitin0. !or e&ample, the new act ma5es it easier for an employee to
show that his or her disability is influencin0 one of the employee:s "ma4or life activities." 9t does
this by addin0 e&amples li5e readin0, concentratin0, thin5in0, sleepin0, and communicatin0 to
the list of A$A ma4or life activities.
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2,) 9n which of the followin0 situations does se&ual harassment F3# violate #itle =99
A) if the conduct substantially interferes with a person:s wor5 performance
") if the conduct creates an intimidatin0 wor5 environment
C) if the conduct creates a hostile wor5 environment
D) i! the conduct is "oti&ated y oth a#e and #ender
%) if the conduct creates an offensive wor5 environment
Answer' $
%&planation' Under #itle =99, se&ual harassment 0enerally refers to harassment on the basis of
se& when such conduct has the purpose or effect of substantially interferin0 with a person:s wor5
performance or creatin0 an intimidatin0, hostile, or offensive wor5 environment. Se&ual
harassment violates #itle =99. #he motivation behind the conduct is not relevant to #itle =99
violations.
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S5ill' Concept
1,
2)) #he 66666666 provides that a person who commits a crime of violence motivated by 0ender
shall be liable to the party in4ured.
A) Civil 1i0hts Act of 1**1
B) .ederal Violence A#ainst /o"en Act o! ())0
C) /re0nancy $iscrimination Act
$) =ietnam %ra =eterans: 1ead4ustment Assistance Act of 1*)<
%) =ocational 1ehabilitation Act of 1*)2
Answer' "
%&planation' #he !ederal =iolence A0ainst Women Act of 1**< provides that a person who
commits a crime of violence motivated by 0ender shall be liable to the party in4ured. #he law
offers an additional path women can use to see5 relief for violent se&ual harassment.
$iff' 1 /a0e 1ef' <8
Chapter' .
3b4ective' .
S5ill' Concept
2+) Which of the followin0 is F3# a form of se&ual harassment accordin0 to %%3C 0uidelines
A) unwelcome se&ual advances that create an intimidatin0 wor5 environment
") re;uests for se&ual favors made implicitly as a condition of employment
C) verbal conduct of a se&ual nature that unreasonably interferes with wor5 performance
$) physical conduct of a se&ual nature that creates an offensive wor5 environment
E) "utually consensual physical conduct o! a se'ual nature etween co1wor2ers
Answer' %
%&planation' %%3C 0uidelines define se&ual harassment as unwelcome se&ual advances,
re;uests for se&ual favors, and other verbal or physical conduct of a se&ual nature that create an
intimidatin0, hostile, or offensive wor5 environment or interfere with wor5 performance.
1e;uests for se&ual favors that are used as the basis for employment decisions are also
considered se&ual harassment. Consensual se& between co@wor5ers is not considered se&ual
harassment.
$iff' 2 /a0e 1ef' <1
Chapter' .
3b4ective' .
S5ill' Concept
1)
2*) All of the followin0 are ways for an employee to prove se&ual harassment %>C%/# by
provin0 that 66666666.
A) the &eral re"ar2s o! a co1wor2er were se'ually !lirtatious
") the re4ection of a supervisor:s se&ual advances led to a demotion
C) a hostile wor5 environment was created by a co@wor5er:s se&ual conversation
$) a hostile wor5 environment was created by a nonemployee:s se&ual advances
%) a hostile wor5 environment was created by a supervisor:s se&ually abusive conduct
Answer' A
%&planation' #he U.S. Supreme Court held that se&ual harassment law doesn:t cover ordinary
"interse&ual flirtation." Someone can prove se&ual harassment if re4ectin0 a supervisor:s se&ual
advances led to a demotion, firin0, or altered wor5 assi0nment. Se&ual harassment can also be
proven if a hostile wor5 environment is created by the se&ual conduct of supervisors, co@wor5ers,
or nonemployees.
$iff' 2 /a0e 1ef' <1
Chapter' .
3b4ective' .
S5ill' Application
<8) Audy was up for a promotion at Simpson Consultin0 when her supervisor, Will, encoura0ed
her to develop a se&ual relationship with him. ?e su00ested that her promotion would be a sure
thin0 if they were involved. When Audy declined his advances, Will fired her. Which of the
followin0 would Audy most li5ely be able to prove in court if she decided to sue Simpson
Consultin0
A) hostile environment created by nonemployees
") hostile environment created by supervisors
C) hostile environment created by co@wor5ers
$) disparate treatment
E) quid pro quo
Answer' %
%&planation' Muid pro ;uo (somethin0 for somethin0) is the most direct way to prove that
re4ectin0 a supervisor:s advances adversely affected what the %%3C calls a "tan0ible
employment action" such as hirin0, firin0, promotion, demotion, andJor wor5 assi0nment. Muid
pro ;uo would be the best option for Audy if she sues the firm for Will:s actions.
$iff' 2 /a0e 1ef' <1
Chapter' .
3b4ective' .
S5ill' Application
1+
<1) Eus is always ma5in0 se&ual 4o5es at wor5. Kany employees find the 4o5es funny, but
Shelley, Eus:s e&ecutive assistant, is uncomfortable with the 4o5es. %ventually, she decides to
;uit her 4ob rather than endure the 4o5es any lon0er. What form of se&ual harassment has Shelley
e&perienced
A) ;uid pro ;uo
B) hostile en&iron"ent created y super&isors
C) hostile environment created by co@wor5ers
$) hostile environment created by nonemployees
%) none of the aboveB Shelley is not a victim of se&ual harassment
Answer' "
%&planation' As Shelley:s supervisor, Eus created a hostile environment accordin0 to the %%3C.
A claimant does not need to show that the harassment had tan0ible conse;uences such as
demotion. 9t is sufficient in many cases to prove that a supervisor:s se&ual harassment
substantially affected an employee:s emotional and psycholo0ical abilities.
$iff' 2 /a0e 1ef' <1
Chapter' .
3b4ective' .
S5ill' Application
<.) All of the followin0 are ways that an employer can minimiCe liability in se&ual harassment
claims %>C%/# 66666666.
A) maintainin0 thorou0h records of all se&ual harassment complaints
B) in!or"in# all e"ployees aout se'ual harass"ent in&esti#ations
C) institutin0 a se&ual harassment reportin0 process
$) trainin0 employees in se&ual harassment policies
%) investi0atin0 se&ual harassment char0es promptly
Answer' "
%&planation' Kaintainin0 records of complaints, institutin0 a reportin0 policy, providin0 se&ual
harassment trainin0, and investi0atin0 char0es ;uic5ly are ways that employers can show that
they too5 reasonable care to prevent and correct se&ual harassment, which will minimiCe the
employer:s liability. Se&ual harassment investi0ations should be conducted privately, and the
information should not be made available to all employees.
$iff' 2 /a0e 1ef' <.
Chapter' .
3b4ective' .
S5ill' Concept
1*
<2) Sanders Sportin0 Eoods, an international sportin0 0oods chain, is bein0 sued for se&ual
harassment by a former Sanders employee. #he plaintiff asserts that she was the victim of
numerous unwanted se&ual advances from a male co@wor5er. #he woman claims that Sanders:
mana0ement condoned a hostile wor5 environment and that the company is liable for the actions
of the male employee.
Which of the followin0, if true, would best support the plaintiff:s ar0ument that Sanders is liable
for se&ual harassment
A) Sanders re@published its se&ual harassment policy twice within the last year.
") #he ?1 department at Sanders has records of the plaintiff:s initial complaints.
C) %&it interviews of out0oin0 Sanders employees include ;uestions about se&ual harassment.
D) +anders lac2s a "ana#e"ent response syste" !or handlin# se'ual harass"ent
co"plaints-
%) Sanders recently lost a court case filed by former employees who claimed disparate treatment.
Answer' $
%&planation' %mployers can minimiCe their liability in se&ual harassment claims by showin0 that
they have a response system set up for handlin0 se&ual harassment complaints, so Sanders may
be liable if it lac5s a system. !irms that re@publish their se&ual harassment policies fre;uently,
5eep thorou0h records of complaints, and address se&ual harassment issues durin0 e&it
interviews are able to show that they too5 reasonable care to prevent se&ual harassment.
$isparate treatment refers to discrimination claims rather than se&ual harassment claims.
$iff' 2 /a0e 1ef' <.
AACS"' 1eflective #hin5in0
Chapter' .
3b4ective' .
S5ill' Critical #hin5in0
.8
<<) Sanders Sportin0 Eoods, an international sportin0 0oods chain, is bein0 sued for se&ual
Which of the followin0, if true, would most li5ely undermine the plaintiff:s claim that Sanders is
liable for the male employee:s conduct
A) #he male employee physically threatened the plaintiff on three occasions.
") #he male employee made se&ual advances towards the plaintiff on a daily basis.
C) $he "ale e"ployee was required y 3R to participate in a se'ual harass"ent awareness
course.
$) #he male employee:s conduct si0nificantly interfered with the plaintiff:s ability to perform her
4ob.
%) #he plaintiff discussed her concerns about the male employee:s conduct with female co@
wor5ers.
Answer' C
%&planation' 9f the male employee was re;uired to ta5e a se&ual harassment course, then that
action shows Sanders was ma5in0 a reasonable attempt to stop the behavior. Choices A, ", and $
support the plaintiff:s claim that there was a hostile environment. $iscussin0 concerns with
employees is irrelevant to liability of the company.
$iff' 2 /a0e 1ef' <1@<.
Chapter' .
3b4ective' .
.1
<-) Sanders Sportin0 Eoods, an international sportin0 0oods chain, is bein0 sued for se&ual
All of the followin0 are most li5ely relevant ;uestions to address in this court case %>C%/#
66666666.
A) Does +anders ha&e a record o! e"ployees who clai" disparate treat"ent in the wor2
place4
") $id the plaintiff verbally state to her male co@wor5er that she found his behavior offensive
C) $id Sanders ta5e reasonable care to prevent se&ual harassment in the wor5 place
$) $oes Sanders have a policy statement re0ardin0 se&ual harassment
%) 9s the male co@wor5er a U.S. citiCen and is Sanders a U.S. entity
Answer' A
%&planation' $isparate treatment relates to intentional discrimination, which is not directly
important in this case. !irms decrease their liability in se&ual harassment cases if they show that
they have ta5en reasonable care to prevent se&ual harassment throu0h various actions, such as
issuin0 a policy statement. #he first step the woman should have ta5en is tellin0 the co@wor5er
that his actions were inappropriate in order to show that she followed the appropriate reportin0
procedures. Whether the co@wor5er is a U.S. citiCen and Sanders is a U.S. entity are important in
determinin0 whether %%3 laws are applicable.
$iff' 2 /a0e 1ef' <.@<-
Chapter' .
3b4ective' .
<,) 3ne of Ale&is: male co@wor5ers has been ma5in0 se&ually su00estive comments to Ale&is
about her clothin0 and her appearance, which ma5es Ale&is feel uncomfortable at wor5. What is
the first step Ale&is should ta5e to address the problem
A) filin0 a complaint with the local %%3C office
") filin0 a complaint with the human resource director
C) !ilin# a &eral co"plaint with the harasser5s oss
$) writin0 a letter to the accused
%) consultin0 an attorney
Answer' C
%&planation' #he first step Ale&is should ta5e is filin0 a verbal complaint with the harasser and
the harasser:s boss. After that, writin0 a letter to the accused and filin0 a report with the ?1
director are appropriate actions. !ilin0 a complaint with the %%3C and consultin0 an attorney are
the final steps to ta5e if previous efforts have not improved the situation.
$iff' 2 /a0e 1ef' <<@<-
Chapter' .
3b4ective' .
S5ill' Application
..
<)) Which of the followin0 is a true statement re0ardin0 U.S. %%3 laws and international
employees
A) U. S. %%3 laws do not apply to 4obs located outside the U.S. even when the employee is a
U.S. citiCen and the employer is a U.S. entity.
") U.S. %%3 laws apply to 4obs located outside the U.S. when the employer is a forei0n entity
and the employee is a U.S. citiCen.
C) U.S. %%3 laws do not apply to 4obs located inside the U.S. when the employer is a forei0n
entity and the employee is a forei0n citiCen.
$) U.S. %%3 laws apply to forei0n citiCens in 4obs located outside the U.S. if the employer is a
U.S. entity.
E) 6-+- EEO laws apply inside the 6-+- when the e"ployer is a 6-+- entity and the e"ployee
is a !orei#ner le#ally authori7ed to wor2 in the 6-+-
Answer' %
%&planation' U.S. %%3 laws apply inside the U.S. when the employer is a U.S. entity and the
employee is a forei0ner le0ally authoriCed to wor5 in the U.S. 9n some cases, U.S. laws may also
apply to wor5ers who are not authoriCed to wor5 in the U.S. #he laws do not apply to forei0n
citiCens in 4obs outside of the U.S. even when the employer is a U.S. entity.
$iff' 2 /a0e 1ef' <-
Chapter' .
3b4ective' .
S5ill' Concept
<+) 66666666 e&ists when an employer treats an individual differently because that individual is
a member of a particular race, reli0ion, 0ender, or ethnic 0roup.
A) Unintentional discrimination
") $isparate impact
C) Disparate treat"ent
$) Adverse impact
%) /rima facie
Answer' C
%&planation' $isparate treatment means intentional discrimination and "e&ists where an
employer treats an individual differently because that individual is a member of a particular race,
reli0ion, 0ender, or ethnic 0roup." $isparate impact means that "an employer en0a0es in an
employment practice or policy that has a 0reater adverse impact (effect) on the members of a
protected 0roup under #itle =99 than on other employees, re0ardless of intent."
$iff' 1 /a0e 1ef' <,
Chapter' .
3b4ective' 2
S5ill' Concept
.2
<*) Which of the followin0 refers to the overall effect of employer practices that result in
si0nificantly hi0her percenta0es of members of protected 0roups bein0 re4ected for employment,
placement, or promotion
A) disparate treatment
") disparate impact
C) business necessity
D) ad&erse i"pact
%) prima facie
Answer' $
%&planation' Adverse impact is the overall effect of employer practices that result in si0nificantly
hi0her percenta0es of members of protected 0roups bein0 re4ected for employment, placement,
or promotion. $isparate impact means that employers en0a0e in employment practices that have
a 0reater adverse effect on members of a protected 0roup than on other employees.
$iff' 1 /a0e 1ef' <,
Chapter' .
3b4ective' 2
S5ill' Concept
-8) All of the followin0 are ways that an employee or 4ob applicant can show adverse impact
%>C%/# 66666666.
A) comparin0 disparate re4ection rates
B) holdin# a !act1!indin# con!erence
C) utiliCin0 population comparisons
$) usin0 the Kc$onnell@$ou0las test
%) showin0 a firm has a restricted policy
Answer' "
%&planation' #he %%3C investi0ates char0es of discrimination and fre;uently holds fact@findin0
conferences, so this would not be an option for employees or 4ob applicants. Comparin0
disparate re4ection rates, usin0 the restricted policy approach, ma5in0 population comparisons,
and usin0 the Kc@$onnell@$ou0las test are the four methods available to employees and
applicants tryin0 to show that an employer:s procedures have an adverse effect on a protected
0roup.
$iff' . /a0e 1ef' <,@<)
Chapter' .
3b4ective' 2
S5ill' Concept
.<
-1) Which of the followin0 is used by lawyers in disparate impact cases to show intentional
disparate treatment
A) disparate re4ection rates
") restricted policy approach
C) population comparisons
D) 8cDonnell1Dou#las test
%) <J-ths rule
Answer' $
%&planation' Gawyers in disparate impact cases use disparate re4ection rates, restricted policy
approaches, and population comparisons to test whether an employer:s policies or actions have
the effect of unintentionally screenin0 out disproportionate numbers of women or minorities.
Gawyers use the Kc$onnell@$ou0las test for showin0 (intentional) disparate treatment, rather
than (unintentional) disparate impact. #he <J-ths rule is used to assess disparate re4ection rates.
$iff' . /a0e 1ef' <)
Chapter' .
3b4ective' 2
S5ill' Concept
-.) #he formula used by federal a0encies to determine disparate re4ection rates is based on a
selection rate for any racial, ethnic, or se& 0roup less than 66666666 percent of the rate for the
0roup with the hi0hest rate.
A) .-
") -8
C) )-
D) 9*
%) 188
Answer' $
%&planation' !ederal a0encies use a "<J-ths rule" to assess disparate re4ection rates' "A selection
rate for any racial, ethnic, or se& 0roup which is less than four@fifths or +8L of the rate for the
0roup with the hi0hest rate will 0enerally be re0arded as evidence of adverse impact, while a
0reater than four@fifths rate will 0enerally not be re0arded as evidence of adverse impact."
$iff' 1 /a0e 1ef' <,@<)
Chapter' .
3b4ective' 2
S5ill' Concept
.-
-2) Which of the followin0 tests for adverse impact and involves demonstratin0 that the
employer:s policy either intentionally or unintentionally e&cludes members of a protected 0roup
A) Kc$onnell@$ou0las test
") "!3M approach
C) systemic method
D) restricted policy
%) prima facie
Answer' $
%&planation' #he restricted policy approach means demonstratin0 that the employer:s policy
intentionally or unintentionally e&cluded members of a protected 0roup. Gawyers use the
Kc$onnell@$ou0las test for showin0 (intentional) disparate treatment, rather than (unintentional)
disparate impact.
$iff' 1 /a0e 1ef' <)
Chapter' .
3b4ective' 2
S5ill' Concept
-<) Which of the followin0 involves comparin0 the percenta0e of the minorityJprotected 0roup
and white wor5ers in an or0aniCation with the percenta0e of the correspondin0 0roup in the labor
mar5et
A) personnel population comparison approach
") restricted policy comparison method
C) population co"parisons approach
$) Kc$onnell@$ou0las test
%) "!3M method
Answer' C
%&planation' #he population comparisons approach compares (1) the percenta0e of ?ispanic (or
blac5 or other minorityJprotected 0roup) and white wor5ers in the or0aniCation with (.) the
percenta0e of the correspondin0 0roup in the labor mar5et. #he %%3C usually defines labor
mar5et as the U.S. Census data for that Standard Ketropolitan Statistical Area.
$iff' 1 /a0e 1ef' <)
Chapter' .
3b4ective' 2
S5ill' Concept
.,
--) Accordin0 to 66666666, an employer can claim that an employment practice is a bona fide
occupational ;ualification for performin0 the 4ob.
A) $itle V%% o! the ():0 Ci&il Ri#hts Act
") =ocational 1ehabilitation Act of 1*)2
C) A0e $iscrimination in %mployment Act of 1*,)
$) %&ecutive 3rders 11.<, and 112)-
%) 1*). %;ual 3pportunity Act
Answer' A
%&planation' An employer can claim that the employment practice is a bona fide occupational
;ualification ("!3M) for performin0 the 4ob accordin0 to #itle =99. #itle =99 provides that "it
should not be an unlawful employment practice for an employer to hire an employee . . . on the
basis of reli0ion, se&, or national ori0in in those certain instances where reli0ion, se&, or national
ori0in is a bona fide occupational ;ualification reasonably necessary to the normal operation of
that particular business or enterprise."
$iff' . /a0e 1ef' <+
Chapter' .
3b4ective' <
S5ill' Concept
-,) %mployers primarily use bona fide occupational ;ualification ("!3M) as a defense a0ainst
char0es of discrimination based on 66666666.
A) se&ual orientation
") reli0ion
C) a#e
$) 0ender
%) nationality
Answer' C
%&planation' %mployers use "!3M mostly as a defense a0ainst char0es of intentional
discrimination
based on a0e. ?owever, #itle =99 provides that "it should not be an unlawful employment
practice for an employer to hire an employee . . . on the basis of reli0ion, se&, or national ori0in
in those certain instances where reli0ion, se&, or national ori0in is a bona fide occupational
;ualification reasonably necessary to the normal operation of that particular business or
enterprise."
$iff' . /a0e 1ef' <+
Chapter' .
3b4ective' <
S5ill' Concept
.)
-)) 9n which of the followin0 4obs would 0ender most li5ely be appropriate to use as a "!3M
A) fire fi0hter in a metropolitan fire department
") parole officer for a county court system
C) prison 0uard at a federal penitentiary
$) teacher at a private, all@0irls school
E) actor in a toothpaste co""ercial
Answer' %
%&planation' Eender may be a "!3M for positions li5e actor, model, and restroom attendant
re;uirin0 physical characteristics possessed by one se&. ?owever, for most 4obs today, it:s
difficult to claim that 0ender is a "!3M. !or e&ample, 0ender is not a "!3M for parole and
probation officers or teachers. 9t is not a "!3M for positions 4ust because the positions re;uire
liftin0 heavy ob4ects, such as with fire fi0hters.
$iff' . /a0e 1ef' <*
Chapter' .
3b4ective' <
S5ill' Application
-+) /ictures and /romotions Kodelin0 Studio see5s to hire male models for an upcomin0 fashion
show featurin0 men:s wear. #he studio is usin0 66666666 as a 4ustification for not considerin0
women for the 4obs.
A) "A1S
") A$%A
C) A$A
$) %%3C
E) B.O;
Answer' %
%&planation' An employer can claim that the employment practice is a bona fide occupational
;ualification ("!3M) for performin0 the 4ob. 9n this case, a specific 0ender is necessary for the
4ob. #he A0e $iscrimination in %mployment Act (A$%A) permits disparate treatment in cases
where a0e is a "!3M, which is not the issue in this e&ample.
$iff' . /a0e 1ef' <+
Chapter' .
3b4ective' 2, <
S5ill' Application
.+
-*) Which defense re;uires showin0 that there is an overridin0 company@related purpose for a
discriminatory practice and that the practice is therefore acceptable
A) prima facie
B) usiness necessity
C) adverse impact
$) mi&ed motive
%) or0aniCational preference
Answer' "
%&planation' ""usiness necessity" is a defense created by the courts that re;uires showin0 that
there
is an overridin0 business purpose for the discriminatory practice and that the practice
is therefore acceptable. 9t:s not easy to prove business necessity because the Supreme Court made
it clear that business necessity does not encompass such matters as avoidin0 an employer
inconvenience, annoyance, or e&pense.
$iff' 1 /a0e 1ef' <*
Chapter' .
3b4ective' <
S5ill' Concept
.*
,8) #he application re;uirements for Western Airlines pilot positions re;uire candidates to have
lo00ed at least .88 hours pilotin0 an aircraft within the previous 2, months. 9n addition,
applicants must have .,-88 hours of e&perience in the air with at least 1,888 hours as the
commandin0 pilot of a commercial airplane. A four@year colle0e de0ree is also re;uired. Aeff
SancheC, who is ?ispanic, applied for a position as a pilot and was re4ected because he has a
de0ree from a .@year colle0e and only .,888 hours of fli0ht e&perience. Aeff is suin0 Western
Airlines for discriminatory hirin0 practices.
Which of the followin0, if true, best supports Western Airlines: defense
A) At Western Airlines, turnover is hi0h amon0 minority employees wor5in0 as pilots and fli0ht
attendants.
") 1ecent e&periences with colle0e recruitin0 have led Western Airlines to increase the
percenta0e of its minority pilots.
C) Aob capability as a Western Airlines pilot depends most heavily on a0e, 0ender, and previous
4ob e&periences.
D) $he total nu"er o! hours spent !lyin# a co""ercial airline is a &alid predictor o!
per!or"ance !or "ost /estern Airlines pilots-
%) Western Airlines bases its selection tests and hirin0 practices on industry 0uidelines for
commercial pilots.
Answer' $
%&planation' Western Airlines: best defense involves provin0 that its selection tests or other
employment practices are valid predictors of performance on the 4ob. Where the employer can
establish such validity, the courts have 0enerally supported usin0 the test or other employment
practice as a business necessity. 9n this e&ample, the number of fli0ht hours is a predictor of 4ob
performance. #urnover, recruitin0, a0e, 0ender, and industry 0uidelines are less important
factors.
$iff' 2 /a0e 1ef' <*
Chapter' .
3b4ective' <
28
,1) #he application re;uirements for Western Airlines pilot positions re;uire candidates to have
lo00ed at least .88 hours pilotin0 an aircraft within the previous 2, months. 9n addition,
applicants must have .,-88 hours of e&perience in the air with at least 1,888 hours as the
commandin0 pilot of a commercial airplane. A four@year colle0e de0ree is also re;uired. Aeff
SancheC, who is ?ispanic, applied for a position as a pilot and was re4ected because he has a
de0ree from a .@year colle0e and only .,888 hours of fli0ht e&perience. Aeff is suin0 Western
Airlines for discriminatory hirin0 practices.
Which of the followin0 statements is most li5ely relevant to this court case a0ainst Western
Airlines
A) Kost pilots at Western Airlines belon0 to labor unions and are involved in collective
bar0ainin0 arran0ements detrimental to the industry.
B) $he ,o require"ents !or pilots at /estern Airlines are a usiness necessity due to the
hu"an ris2s associated with hirin# unquali!ied applicants-
C) #he A0e $iscrimination in %mployment Act prevents firms, such as Western Airlines, from
discriminatin0 when a0e is a "!3M.
$) Western Airlines has been in operation for over twenty years and has never been sued for
%%3 violations.
%) As a 0lobal firm, Western Airlines can easily establish a prima facie case of discrimination
based on race.
Answer' "
%&planation' Commercial pilots put passen0ers at ris5 if they are un;ualified, so it is a business
necessity for Western Airlines to have what may be discriminatory hirin0 practices. 9n this
e&ample, the 4ob re;uires a hi0h de0ree of s5ill, and the economic and human ris5s of hirin0 an
un;ualified applicant are 0reat.
$iff' 2 /a0e 1ef' <*
Chapter' .
3b4ective' <
21
,.) All of the followin0 recruitment practices are potentially discriminatory %>C%/# 66666666.
A) spreadin0 information about 4ob openin0s throu0h word@of@mouth amon0 a firm:s
predominantly ?ispanic wor5force
") providin0 misleadin0 information to Asian and 9ndian 4ob applicants
C) refusin0 to advise older applicants about wor5 opportunities
$) postin0 help wanted ads that specify youn0, male applicants
E) postin# ,o ad&ertise"ents only in local newspapers
Answer' %
%&planation' Ads that specify a0e or 0ender may be problematic, but only postin0 ads in local
newspapers is acceptable. Usin0 word@of@mouth to relay information about 4ob openin0s is only
problematic if the wor5force is mostly a member of a particular 0roup. /rovidin0 misleadin0 or
false information to certain applicants is also potentially discriminatory.
$iff' 2 /a0e 1ef' -8
Chapter' .
3b4ective' -
S5ill' Application
,2) Which of the followin0 is most li5ely an e&ample of a discriminatory selection standard
A) measurin0 a software desi0ner applicant:s 5nowled0e about a computer lan0ua0e
") re;uirin0 a hi0h school teacher applicant to have a four@year colle0e de0ree
C) collectin0 wor5 history information from a mana0erial applicant
D) requirin# en#ineer applicants to "eet speci!ic hei#ht standards
%) as5in0 prison 0uard applicants to reveal their arrest records
Answer' $
%&planation' 9t would most li5ely be unlawful to re;uire en0ineers to meet certain hei0ht
standards because hei0ht is not related to the 4ob. 9f a 4ob re;uires security clearance, such as a
prison 0uard, then it is not discriminatory to as5 about an applicant:s arrest record. %ducational
re;uirements, physical characteristics, and 5nowled0e are acceptable selection standards when
they specifically relate to the 4ob.
$iff' 2 /a0e 1ef' -1
AACS"' %thical 1easonin0
Chapter' .
3b4ective' -
S5ill' Application
2.
,<) What is the most common ne&t step in the %%3C enforcement process after a person files an
employment discrimination claim
A) $he EEOC either accepts or re!ers the char#e-
") #he two parties are re;uired to participate in mediation.
C) A commission investi0ates the claim in an open@meetin0.
$) #he %%3C determines if the char0e is based on #itle =99 rules.
%) #he employer and %%3C brin0 a civil suit in a federal district court.
Answer' A
%&planation' After a person files an employment discrimination claim, the %%3C:s common
practice is to accept a char0e or orally refer it to a state or local a0ency. An investi0ation,
voluntary mediation, and liti0ation may occur after the char0e is accepted.
$iff' 2 /a0e 1ef' -2
Chapter' .
3b4ective' ,
S5ill' Concept
,-) Which of the followin0 refers to an informal meetin0 held early in an %%3C enforcement
investi0ation that attempts to define issues and determine if settlement is possible
A) codetermination
") voluntary mediation
C) !act1!indin# con!erence
$) collective bar0ainin0
%) mandatory arbitration
Answer' C
%&planation' %arly in the investi0ation, the %%3C holds an initial fact@findin0 conference. #he
%%3C calls these "informal meetin0s" for definin0 issues and determinin0 whether there:s a
basis for ne0otiation. ?owever, the %%3C:s real focus here is often on settlement. 9ts
investi0ators use the conferences to find wea5 spots in each party:s position, which are used to
push for a settlement.
$iff' 1 /a0e 1ef' -2
Chapter' .
3b4ective' ,
S5ill' Concept
22
,,) 9n .88,, which of the followin0 became a ma4or focus for the %%3C
A) a0e discrimination cases
") voluntary mediation
C) 0rievance procedures
D) cases o! syste"ic discri"ination
%) diversity mana0ement pro0rams
Answer' $
%&planation' #he %;ual %mployment 3pportunity Commission voted unanimously in .88, to
focus more on bi0,"systemic" cases, those that reflect a pattern or practice of alle0ed
discrimination. 9ts systemic cases tas5 force recently issued specific recommendations
the %%3C can use to uncover and remedy systemic discrimination.
$iff' . /a0e 1ef' -2
Chapter' .
3b4ective' ,
S5ill' Concept
,)) #he %%3C describes a(n) 66666666 as an informal process in which a neutral third party
assists the opposin0 parties to reach a voluntary, ne0otiated resolution of a char0e of
discrimination.
A) fact@findin0 conference
B) &oluntary "ediation
C) voluntary ne0otiation
$) mandatory arbitration
%) alternative dispute resolution
Answer' "
%&planation' #he %%3C refers about 18L of its char0es to a voluntary mediation mechanism.
#his is "an informal process in which a neutral third party assists the opposin0 parties to reach a
voluntary, ne0otiated resolution of a char0e of discrimination."
$iff' 1 /a0e 1ef' -<
Chapter' .
3b4ective' ,
S5ill' Concept
2<
,+) Which of the followin0 refers to the variety of demo0raphic features that characteriCe a
company:s wor5force
A) competency
") ethnocentricity
C) 0lobaliCation
$) mobility
E) di&ersity
Answer' %
%&planation' $iversity refers to the variety or multiplicity of demo0raphic features that
characteriCe a company:s wor5force, particularly in terms of race, se&, culture, national ori0in,
handicap, a0e, and reli0ion. ElobaliCation re;uires employers to hire minority members with the
cultural and lan0ua0e s5ills to deal with customers abroad.
$iff' 1 /a0e 1ef' -,
AACS"' Kulticultural and $iversity
Chapter' .
3b4ective' )
S5ill' Concept
,*) Which of the followin0 is most li5ely characteristic of a firm effectively implementin0 a
diversity mana0ement pro0ram
A) !emale and minority mana0ers have hi0h turnover rates.
B) .e"ale and "inority e"ployees ha&e access to international ,o assi#n"ents-
C) !emale and minority employees report directly to low@level mana0ers.
$) $iversity trainin0 re;uirements are only completed by minority and female wor5ers.
%) =oluntary mediation occurs fre;uently amon0 female and minority wor5ers.
Answer' "
%&planation' 9n firms with diversity mana0ement pro0rams that are successful, female and
minority wor5ers would have the same access to international 4ob assi0nments as white, male
employees. Kinorities would also report directly to senior mana0ement rather than low@level
mana0ers, and they would have low turnover rates.
$iff' 2 /a0e 1ef' -+
Chapter' .
3b4ective' )
S5ill' Application
2-
)8) 9n Bakke v. %egents of the &niversity of California, which of the followin0 claims was made
by Allen "a55e
A) se&ual harassment
") racial discrimination
C) re&erse discri"ination
$) affirmative action
%) ;uid pro ;uo
Answer' C
%&planation' #he case serves as an e&ample of reverse discrimination. 9n Bakke v. %egents of the
&niversity of California (1*)+), the University of California at $avis Kedical School denied
admission to white student Allen "a55e, alle0edly because of the school:s affirmative action
;uota system, which re;uired that a specific number of openin0s 0o to minority applicants. 9n a
-@to@< vote, the U.S. Supreme Court struc5 down the policy that made race the only factor in
considerin0 applications for a certain number of class openin0s and thus allowed "a55e:s
admission.
$iff' . /a0e 1ef' ,1
Chapter' .
3b4ective' )
S5ill' Concept
)1) #he 12th Amendment to the U.S. Constitution states, "no person shall be deprived of life,
liberty, or property, without due process of the law."
Answer' !AGS%
%&planation' #he 12th Amendment outlawed slavery. #he -th Amendment states that "no person
shall be deprived of life, liberty, or property, without due process of the law."
$iff' 1 /a0e 1ef' 2.
Chapter' .
3b4ective' 1
S5ill' Concept
).) #he 1<th Amendment to the U.S. Constitution led to the establishment of the %%3C.
Answer' !AGS%
%&planation' #itle =99 of the 1*,< Civil 1i0hts Act established the %;ual %mployment
3pportunity Commission to administer and enforce the Civil 1i0hts law at wor5.
$iff' 1 /a0e 1ef' 2.
Chapter' .
3b4ective' 1
S5ill' Concept
2,
)2) #itle =99 of the 1*,< Civil 1i0hts Act bars discrimination on the part of most employers,
includin0 all public or private employers of 1- or more persons.
Answer' #1U%
%&planation' #itle =99 bars discrimination on the part of most employers, includin0 all public or
private employers of 1- or more persons, all private and public educational institutions, the
federal 0overnment, and state and local 0overnments.
$iff' 1 /a0e 1ef' 2.
Chapter' .
3b4ective' 1
S5ill' Concept
)<) #he %%3C receives and investi0ates 4ob discrimination complaints from a00rieved
individuals.
Answer' #1U%
%&planation' #he %;ual %mployment 3pportunity Commission receives and investi0ates 4ob
discrimination complaints from a00rieved individuals. When the %%3C finds reasonable cause
that the char0es are 4ustified, it attempts (throu0h conciliation) to reach an a0reement. 9f this
fails, it can 0o to court.
$iff' 1 /a0e 1ef' 2.
Chapter' .
3b4ective' 1
S5ill' Concept
)-) 3nly an a00rieved individual can file 4ob discrimination char0es a0ainst a business.
Answer' !AGS%
%&planation' #he %%3C may file discrimination char0es on behalf of a00rieved individuals, or
the individuals may file on behalf of themselves.
$iff' . /a0e 1ef' 2.
Chapter' .
3b4ective' 1
S5ill' Concept
),) #he A0e $iscrimination in %mployment Act of 1*,) ma5es it unlawful to discriminate
a0ainst employees of federal, state, and local a0encies who are between <8 and ,- years of a0eB
however, the law does not apply to private businesses.
Answer' !AGS%
discriminate a0ainst employees or applicants who are between <8 and ,- years of a0e. A$%A
applies to all employers not 4ust 0overnment a0encies.
$iff' . /a0e 1ef' 22
Chapter' .
3b4ective' 1
S5ill' Concept
2)
))) 9n '(Connor v. Consolidated Coin Caterers Cor"., the Supreme Court held that an employee
who is over <8 may sue for discrimination if he or she is replaced by a "si0nificantly youn0er"
employee, even if the replacement is also over <8.
Answer' #1U%
%&planation' Nou can:t 0et around the A$%A by replacin0 employees over <8 years of a0e with
those who are also over <8. 9n '(Connor v. Consolidated Coin Caterers Cor"., the U.S. Supreme
Court held that an employee who is over <8 years of a0e mi0ht sue for discrimination if a
"si0nificantly youn0er" employee replaces him or her, even if the replacement is also over <8.
#he Court didn:t specify what "si0nificantly youn0er" meant, but 3:Connor had been replaced by
someone 1, years youn0er.
$iff' . /a0e 1ef' 22
Chapter' .
3b4ective' 1
S5ill' Concept
)+) 9f a business offers its employees disability covera0e, then pre0nancy and childbirth must be
treated li5e any other disability and included in the plan as a covered condition.
Answer' #1U%
%&planation' #he /re0nancy $iscrimination Act of 1*)+ prohibits usin0 pre0nancy, childbirth,
or related medical conditions to discriminate in hirin0, promotion, suspension, or dischar0e, or in
any term or condition of employment. !urthermore, under the act, if an employer offers its
employees disability covera0e, then it must treat pre0nancy and childbirth li5e any other
disability, and include it in the plan as a covered condition.
$iff' . /a0e 1ef' 2<
Chapter' .
3b4ective' 1
S5ill' Concept
)*) #itle =99 forbids the testin0 or screenin0 of 4ob applicants because testin0 systematically
discriminates a0ainst certain protected classes.
Answer' !AGS%
%&planation' #he Supreme Court ruled that an employment practice, such as testin0, must be 4ob
related if it has an une;ual impact on members of a protected class. #itle =99 does not forbid
testin0 or screenin0 4ob applicants but it re;uires that the testJscreen is relevant to performin0 the
4ob.
$iff' . /a0e 1ef' 2<
Chapter' .
3b4ective' 1
S5ill' Concept
2+
+8) #he Civil 1i0hts Act of 1**1 ma5es it more difficult for plaintiffs to sue for monetary
dama0es in cases of disparate treatment.
Answer' !AGS%
%&planation' C1A 1**1 ma5es it easier to sue for money dama0es in cases of disparate
treatment or intentional discrimination. C1A 1**1 provides that an employee who is claimin0
intentional discrimination can as5 for both compensatory dama0es and punitive dama0es.
$iff' . /a0e 1ef' 2,
Chapter' .
3b4ective' 1
S5ill' Concept
+1) #he Americans with $isabilities Act of 1**8 does not list specific disabilities but provides
impairment 0uidelines instead.
Answer' #1U%
%&planation' #he A$A does not list specific disabilities. 9nstead, %%3C 0uidelines say someone
is disabled when he or she has a physical or mental impairment that "substantially limits" one or
more ma4or life activities. 9mpairments include any physiolo0ical disorder or condition, cosmetic
disfi0urement, or anatomical loss affectin0 one or more of several body systems, or any mental
or psycholo0ical disorder.
$iff' 1 /a0e 1ef' 2,
Chapter' .
3b4ective' 1
S5ill' Application
+.) 9ndividuals dia0nosed with ?9=JA9$S are not protected from discrimination under the
Americans with $isabilities Act, althou0h le0islation is bein0 considered.
Answer' !AGS%
%&planation' #he A$A prohibits discrimination a0ainst people with ?9=JA9$S.
$iff' 1 /a0e 1ef' 2,
Chapter' .
3b4ective' 1
S5ill' Concept
+2) Kental disabilities, such as depression and an&iety disorders, account for the 0reatest number
of claims brou0ht under the A$A.
Answer' #1U%
%&planation' Kental disabilities account for the 0reatest number of A$A claims. Under %%3C
A$A 0uidelines, "mental impairment" includes "any mental or psycholo0ical disorder, such as . .
. emotional or mental illness." %&amples include ma4or depression, an&iety disorders, and
personality disorders.
$iff' . /a0e 1ef' 2,
Chapter' .
3b4ective' 1
S5ill' Concept
2*
+<) Accordin0 to the A$A, firms must employ all disabled individuals who apply for positions
and provide them with 4ob trainin0 when necessary.
Answer' !AGS%
%&planation' %mployers are not re;uired to employ all disabled 4ob applicants. #he A$A
prohibits discrimination a0ainst ;ualified individualsIthose who, with (or without) a reasonable
accommodation, can carry out the essential functions of the 4ob. #he individual must have the
re;uisite s5ills, educational bac50round, and e&perience to do the 4ob.
$iff' 1 /a0e 1ef' 2)
Chapter' .
3b4ective' 1
S5ill' Concept
+-) Accordin0 to E9FA, health insurers and employers are prohibited from discriminatin0 based
on people:s 0enetic information.
Answer' #1U%
%&planation' #he Eenetic 9nformation Fondiscrimination Act (E9FA) prohibits discrimination
by health insurers and employers based on people:s 0enetic information. Specifically, it prohibits
the use of 0enetic information in employment, prohibits the intentional ac;uisition of 0enetic
information about applicants and employees, and imposes strict confidentiality re;uirements.
$iff' . /a0e 1ef' 2*
Chapter' .
3b4ective' 1
S5ill' Concept
+,) #o prove se&ual harassment, it is necessary to show that the harassment had tan0ible
conse;uences such as demotion or termination.
Answer' !AGS%
%&planation' 9n Burlington $ndustries v. Ellerth, the employee accused her supervisor of )uid
"ro )uo harassment. She said her boss propositioned and threatened her with demotion if she did
not respond. ?e did not carry out the threats, and she was promoted. #herefore, in )uid "ro )uo
cases it is not necessary for the employee to suffer a tan0ible 4ob action (such as a demotion) to
win the case.
$iff' . /a0e 1ef' <.
Chapter' .
3b4ective' .
S5ill' Concept
+)) $ue to e&tensive le0islative efforts, most of today:s se&ual harassment victims complain to
their mana0ers and sue their employers rather than ;uittin0 their 4obs, which was a more
common response in the past.
Answer' !AGS%
%&planation' Kost se&ual harassment victims don:t sue or complain. 9nstead, they ;uit or try to
avoid their harassers despite the increased efforts made by employers and 0overnment a0encies.
$iff' . /a0e 1ef' <<
Chapter' .
3b4ective' .
S5ill' Concept
<8
++) Under the Civil 1i0hts Act of 1**1, disparate impact claims re;uire proof of discriminatory
intent.
Answer' !AGS%
%&planation' $isparate impact means that an employer en0a0es in an employment practice or
policy that has a 0reater adverse impact (effect) on the members of a protected 0roup under #itle
=99 than on other employees, re0ardless of intent.
$iff' . /a0e 1ef' <,
Chapter' .
3b4ective' 2
S5ill' Concept
+*) #he Kc$onnell@$ou0las test is a procedure used by federal a0encies to assess disparate
impact.
Answer' !AGS%
%&planation' Gawyers use the Kc$onnel@$ou0las test for showin0 disparate treatment instead
of disparate impact. #he <J-ths rule is used by federal a0encies to assess disparate re4ection rates.
$iff' 1 /a0e 1ef' <,@<)
Chapter' .
3b4ective' 2
S5ill' Concept
*8) #he restricted policy approach involves demonstratin0 that an employer:s hirin0 practices
either intentionally or unintentionally e&clude members of a protected 0roup.
Answer' #1U%
%&planation' #he restricted policy approach means demonstratin0 that the employer:s policy
intentionally or unintentionally e&cluded members of a protected 0roup. ?ere the problem is
usually obviousIsuch as policies a0ainst hirin0 bartenders less than si& feet tall. %vidence of
restricted policies such as these is enou0h to prove adverse impact and to e&pose an employer to
liti0ation.
$iff' 1 /a0e 1ef' <)
Chapter' .
3b4ective' 2
S5ill' Concept
<1
*1) Shippers %&press is accused of adverse impact on a protected 0roup. +8L of all male
applicants are hired but only -8L of female applicants are hired. Usin0 the formula for disparate
re4ection rates, adverse impact cannot be shown.
Answer' !AGS%
%&planation' A selection rate for any racial, ethnic, or se& 0roup which is less than four@fifths
or +8L of the rate for the 0roup with the hi0hest rate will 0enerally be re0arded as evidence of
adverse impact, while a 0reater than four@fifths rate will 0enerally not be re0arded as evidence of
adverse impact. 9n this e&ample, Shippers %&press hires +8L of male applicants, but only -8L of
female applicants. !our@fifths of +8L would be ,<L. Since -8L is less than ,<L,
adverse impact e&ists.
$iff' 2 /a0e 1ef' <)
Chapter' .
3b4ective' 2
S5ill' Application
*.) $efinin0 the relevant labor mar5et is a crucial step in usin0 population comparisons to show
adverse impact.
Answer' #1U%
%&planation' #he labor mar5et varies with the 4ob and the location, and definin0 it is critical to
usin0 the population comparison approach to show adverse impact. !or e&ample, the local labor
mar5et may be full of minority clerical wor5ers but have very few minority physicists.
$iff' . /a0e 1ef' <)
Chapter' .
3b4ective' 2
S5ill' Concept
*2) %mployers fre;uently use a bona fide occupation ;ualification as a defense a0ainst char0es
of intentional discrimination based on 0ender rather than factors such as a0e or reli0ion.
Answer' !AGS%
%&planation' 9n most cases, employers use "!3M as a defense a0ainst char0es of intentional
discrimination based on a0e. "!3M is not a common defense in char0es re0ardin0 reli0ion or
0ender.
$iff' . /a0e 1ef' <+
Chapter' .
3b4ective' <
S5ill' Concept
*<) #he A0e $iscrimination in %mployment Act prohibits the use of a0e as a "!3M for any type
of employment.
Answer' !AGS%
%&planation' #he A0e $iscrimination in %mployment Act (A$%A) permits disparate treatment
in those instances when a0e is a "!3M. !or e&ample, a0e is a "!3M when the !ederal Aviation
A0ency sets a compulsory retirement a0e of ,- for commercial pilots or when actors need to be
youthful or elderly to play specific roles.
$iff' . /a0e 1ef' <+
Chapter' .
3b4ective' <
S5ill' Concept
<.
*-) Under no circumstances may reli0ion be used as a bona fide occupational ;ualification
("!3M).
Answer' !AGS%
%&planation' 1eli0ion may be a "!3M in reli0ious or0aniCations or societies that re;uire
employees to share their particular reli0ion. !or e&ample, reli0ion may be a "!3M when hirin0
persons to teach in a reli0ious school.
$iff' . /a0e 1ef' <+
Chapter' .
3b4ective' <
S5ill' Concept
*,) Accordin0 to federal laws, as5in0 4ob candidates about their marital status is not ille0alB
however, a firm needs to be able to defend the practice as a "!3M to avoid raisin0
discrimination issues.
Answer' #1U%
%&planation' 9t isn:t ille0al to as5 a 4ob candidate about her marital status althou0h such a
;uestion mi0ht seem discriminatory. %mployers can as5 but they should be prepared to show
either that they do not discriminate or that they can defend the practice as a "!3M or business
necessity.
$iff' . /a0e 1ef' -8
Chapter' .
3b4ective' -
S5ill' Concept
*)) Courts have ruled that educational ;ualifications are ille0al when the ;ualifications are not
4ob related.
Answer' #1U%
%&planation' Courts have found educational ;ualifications to be ille0al when minority 0roups
are less li5ely to possess the educational ;ualifications and such ;ualifications are also not 4ob
related.
$iff' . /a0e 1ef' -1
Chapter' .
3b4ective' -
S5ill' Concept
*+) Accordin0 to the Civil 1i0hts Act of 1**1, an employment discrimination claim must be filed
within ,8 days after the alle0ed incident occurred or a claim cannot be filed.
Answer' !AGS%
%&planation' Under C1A 1**1, the discrimination claim must be filed within 288 days (when
there is a similar state law) or 1+8 days (where there is no similar state law) after the alle0ed
incident too5 place (. years for the %;ual /ay Act). %ither the a00rieved person or a member of
the %%3C who has reasonable cause to believe that a violation occurred must file the claim in
writin0 and under oath.
$iff' 1 /a0e 1ef' -2
Chapter' .
3b4ective' ,
S5ill' Concept
<2
**) Alternative dispute resolution is a 0rievance procedure that provides for bindin0 arbitration
as the last step in employment discrimination claims.
Answer' #1U%
%&planation' Alternative dispute resolution or A$1 pro0rams are 0rievance procedures that
provide bindin0 arbitration in %%3 lawsuits.
$iff' 1 /a0e 1ef' -,
Chapter' .
3b4ective' ,
S5ill' Concept
188) Kana0in0 diversity means ma&imiCin0 diversity:s potential advanta0es while minimiCin0
the potential hindrances of diversity that can undermine a firm:s performance.
Answer' #1U%
%&planation' $iversity mana0ement means ma&imiCin0 diversity:s potential benefits such as
0reater cultural awareness and broader lan0ua0e s5ills. 9n addition, diversity mana0ement
minimiCes potential barriers such as pre4udice and bias that can undermine a company:s
performance.
$iff' 1 /a0e 1ef' -)
Chapter' .
3b4ective' )
S5ill' Concept
181) What is the si0nificance of #itle =99 What has been the effect of #itle =99 on the modern
wor5force and diversity mana0ement
Answer' #itle =99 bars discrimination on the part of most employers, includin0 all public or
private employers of 1- or more persons. 9t also covers all private and public educational
institutions, the
federal 0overnment, and state and local 0overnments. 9t bars public and private employment
a0encies from failin0 or refusin0 to refer for employment any individual because of race, color,
reli0ion, se&, or national ori0in. #itle =99 also established the %;ual %mployment 3pportunity
Commission (%%3C) to administer and enforce the Civil 1i0hts law at wor5. #he chan0es
brou0ht about by #itle =99 as well as demo0raphic chan0es and 0lobaliCation have altered the
modern wor5force. White males no lon0er dominate the labor force, and women and minorities
represent the lion:s share of labor force 0rowth over the near future. !urthermore, 0lobaliCation
re;uires employers to hire minority members with the cultural and lan0ua0e s5ills to deal with
customers abroad. Kana0in0 diversity means ma&imiCin0 diversity:s potential benefits (0reater
cultural awareness, and broader lan0ua0e s5ills, for instance) while minimiCin0 the potential
barriers (such as pre4udices and bias) that can undermine the company:s performance. Ge0ally
compulsory actions can reduce some blatant diversity barriers, ta5in0 a diverse wor5force and
blendin0 it into a close@5nit and productive one re;uires more.
$iff' 2 /a0e 1ef' 2., -,@-)
AACS"' Analytic S5ills
Chapter' .
3b4ective' 1, )
S5ill' Synthesis
<<
18.) What were the three crucial 0uidelines affectin0 e;ual employment le0islation that Chief
Austice "ur0er identified in his written opinion on #riggs v. uke Power Co!"any
Answer' !irst, discrimination by the employer need not be overt. #he employer does not have to
be shown to have intentionally discriminated a0ainst the employee or applicant. 9t need only
show that discrimination did ta5e place. Second, an employment practice must be 4ob related if it
has an une;ual impact on members of a protected class. #hird, the burden of proof is on the
employer to show that the hirin0 practice is 4ob related.
$iff' 2 /a0e 1ef' 2<
Chapter' .
3b4ective' 1
S5ill' Application
182) 9n a brief essay, describe how the A$A Amendments Act of .88+ affects both employers
and employees.
Answer' #he era in which employers prevail in most A$A claims probably ended Aanuary 1,
.88*. 3n that day, the A$A Amendments Act of .88+ (A$AAA) became effective. #he %%3C
had been interpretin0 the A$A:s "substantially limits" phrase very narrowly. #he new A$AAA:s
basic effect will be to ma5e it much easier for employees to show that their disabilities are
limitin0. !or e&ample, the new act ma5es it easier for an employee to show that his or her
disability is influencin0 one of the employee:s "ma4or life activities." 9t does this by addin0
e&amples li5e readin0,concentratin0, thin5in0, sleepin0, and communicatin0 to the list of A$A
ma4or life
activities. As another e&ample, under the new act, an employee will be considered disabled even
if he or she has been able to control his or her impairments throu0h medical or "learned
behavioral" modifications. #he bottom line is that employers will henceforth have to redouble
their efforts to ma5e sure they:re complyin0 with the A$A and providin0 reasonable
accommodations
$iff' 2 /a0e 1ef' 2+
Chapter' .
3b4ective' 1
S5ill' Application
<-
18<) What are the three primary ways that an individual can prove se&ual harassment Fame and
describe each one in a brief essay.
Answer' #he three main ways an employee can prove se&ual harassment is ;uid pro ;uo, hostile
environment created by supervisors, or hostile environment created by co@wor5ers or
nonemployees. Muid pro ;uo means that submission to se&ual conduct is made a term or
condition of employment or advancement. %ven when no direct threats or promises are made in
e&chan0e for se&ual advances, if an offensive wor5 environment is created, se&ual harassment
has occurred. !urther, advances do not have to be made by the person:s supervisor in order to
;ualify as se&ual harassment. An employee:s co@wor5er or customers can cause the employer to
be held responsible for se&ual harassment. %%3C 0uidelines state that an employer is liable for
the se&ually harassin0 acts of its nonsupervisor employees if the employer 5new or should have
5nown of the harassin0 conduct.
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Chapter' .
3b4ective' .
S5ill' Application
18-) What are the two primary ar0uments available to employers when defendin0 a0ainst se&ual
harassment liability What two defenses are available to employers fi0htin0 discriminatory
practice alle0ations
Answer' An employer must show that it e&ercised reasonable care to prevent and correct
promptly any se&ually harassin0 behavior. 1easonable care can be shown throu0h stron0 se&ual
harassment policies, trainin0 mana0ers and employees re0ardin0 their responsibilities for
complyin0 with these policies, institutin0 reportin0 processes, investi0atin0 char0es promptly,
and ta5in0 corrective action promptly. Second, the employer can demonstrate that the plaintiff
"unreasonably failed to ta5e advanta0e of any preventive or corrective opportunities provided by
the employer." #he employee:s failin0 to use formal or0aniCational reportin0 systems satisfies the
second component. When defendin0 a0ainst discriminatory practice alle0ations, an employer can
claim that the employment practice is a bona fide occupational ;ualification for performin0 the
4ob. #he other option is showin0 that the practice is a business necessity, which re;uires showin0
that there is an overridin0 business purpose for the discriminatory practice and that the practice is
therefore acceptable.
$iff' 2 /a0e 1ef' <., <+, <*
Chapter' .
3b4ective' ., <
S5ill' Synthesis
<,
18,) What steps can an employee ta5e to address the problem of se&ual harassment in the wor5
place
Answer' %mployees can ta5e the followin0 - steps. !irst, employees can file a verbal complaint
or protest with the harasser and the harasser:s boss statin0 that the unwanted overtures should
cease because the conduct is unwelcome. Second, employees can write a letter to the accused.
#his letter provides a detailed statement of the facts as the writer sees them, describes his or her
feelin0s and what dama0e the writer thin5s has been done, and states tat he or she would li5e to
re;uest that the future relationship be on a purely professional basis. #his letter should be
delivered in person with a witness. #hird, if the unwelcome conduct does not cease, verbal and
written reports should be filed re0ardin0 the unwelcome conduct and unsuccessful efforts to 0et
it to stop. #hese reports should be filed with the harasser:s mana0er andJor the human resource
director. !ourth, if the letters and appeals do not suffice, the accuser should turn to the local
office of the %%3C to file a claim. !ifth, if the harassment is of a serious nature, the employee
can also consult an attorney about suin0 the harasser for assault and battery, intentional infliction
of emotional distress, and in4unctive relief and to recover compensatory and punitive dama0es.
$iff' 2 /a0e 1ef' <<@<-
Chapter' .
3b4ective' .
S5ill' Application
18)) Compare and contrast disparate treatment and disparate impact.
Answer' $isparate treatment means intentional discrimination. 9t e&ists where an employer
treats an individual differently because that individual is a member of a particular race, reli0ion,
0ender, or ethnic 0roup. $isparate impact means that an employer en0a0es in an employment
practice or policy that has a 0reater impact on the members of a protected 0roup under #itle =99
than on other employees, re0ardless of intent. $isparate treatment re;uires findin0 intent to
discriminate while disparate impact claims do not re;uire proof of discriminatory intent.
$iff' 2 /a0e 1ef' <,
Chapter' .
3b4ective' 2
S5ill' Application
<)
18+) What are uniform 0uidelines ?ow do uniform 0uidelines relate to discriminatory
employment practices involvin0 educational ;ualifications and testin0
Answer' #he %%3C, Civil Service Commission, $epartment of Gabor, and $epartment of
Austice to0ether issued uniform 0uidelines. #hese set forth "hi0hly recommended" procedures
re0ardin0 thin0s li5e employee selection, record 5eepin0, and preemployment in;uiries. As an
e&ample, they specify that employers must validate any employment selection devices (li5e tests)
that screen out disproportionate numbers of women or minorities. And they e&plain how to
validate a selection device. Courts have found educational ;ualifications to be ille0al when (1)
minority 0roups are less li5ely to possess the educational ;ualifications (such as a hi0h school
de0ree) and (.) such ;ualifications are also not 4ob related. ?owever, there may be 4obs of course
for which educational re;uirements (such as colle0e de0rees for pilot candidates) are a necessity.
Courts deem tests unlawful if they disproportionately screen out minorities or women and they
are not 4ob related. Accordin0 to former Chief Austice "ur0er,"Fothin0 in the O#itle =99P act
precludes the use of testin0 or measurin0 proceduresB obviously they are useful. What Con0ress
has forbidden is 0ivin0 these
devices and mechanisms controllin0 force unless they are demonstratin0 a reasonable measure of
4ob performance."
$iff' 2 /a0e 1ef' 2<, -1
Chapter' .
3b4ective' 1, -
S5ill' Synthesis
18*) ?ow can mana0ers help firms avoid claims of discrimination What laws are especially
important for mana0ers to understand in order to avoid tri00erin0 discrimination claims
Answer' #he human resource mana0er certainly plays a bi0 role in helpin0 the company avoid
discriminatory practices li5e these, but at the end of the day, the first@line supervisor usually
tri00ers the problem. Kana0ers need to understand the ;uestions that can and cannot be as5ed
when interviewin0 applicants, and 5now what constitutes se&ual harassment, and how e;ual
employment opportunity law affects all human resources decisions, includin0 those relatin0 to
appraisal, compensation, promotions, disciplinary procedures, and employee dismissals. !irst,
mana0ers should understand the %;ual /ay Act of 1*,2, which states it is unlawful to
discriminate in pay on the basis of se& when 4obs involve e;ual wor5B re;uire e;uivalent s5ills,
effort, and
responsibilityB and are performed under similar wor5in0 conditions. Kana0ers should also
understand the A0e $iscrimination in %mployment Act of 1*,) (A$%A), which made it
unlawful to discriminate a0ainst employees or applicants who are between <8 and ,- years of
a0e. Noun0er mana0ers may have to especially 0uard a0ainst a0eist pre4udices and assumin0 that
youn0er wor5ers are better ;ualified than older wor5ers.
$iff' 2 /a0e 1ef' 22, -.
Chapter' .
3b4ective' 1, -
S5ill' Synthesis
<+
118) Kana0ers serve a si0nificant role in establishin0 the environment of a wor5 place. ?ow can
mana0ers discoura0e se&ual harassment ?ow can mana0ers encoura0e inclusion in a diverse
wor5force
Answer' Kana0ers can actively discoura0e se&ual harassment throu0h a number of methods.
!irst, mana0ers should ta5e all complaints about harassment seriously and issue a stron0 policy
statement condemnin0 such behavior. #he policy should clearly describe the prohibited conduct,
assure protection a0ainst retaliation, describe a complaint process that provides confidentiality,
and provide accessible avenues of complaint and prompt, thorou0h, impartial investi0ation and
corrective action. Kana0ers should ta5e steps to prevent se&ual harassment from occurrin0, such
as communicatin0 to employees that the employer will not tolerate se&ual harassment, and ta5e
immediate action when someone complains. 9n order to encoura0e an atmosphere of inclusion in
a diverse wor5force, mana0ers should learn about other cultures and 0roups and facilitate
interactions between employees from different bac50rounds. Kana0ement diversity involves
providin0 stron0 leadership, assessin0 the situation, providin0 diversity trainin0 and education,
chan0in0 culture and mana0ement systems, and evaluatin0 the diversity mana0ement pro0ram.
$iff' 2 /a0e 1ef' <., -*
Chapter' .
3b4ective' ., )
S5ill' Synthesis
<*

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Chapter 2 Equal Opportunity and the Law

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