Human Resource Management, 12e (Dessler) Chapter 2 Equal Opportunity and 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& %'planation& %'planation& #he !ifth Amendment Amendment to the U.S. Constitutio Constitution n (ratified (ratified in 1*1) states states that "no person person shall be deprive deprived d of life, life, liber liberty, ty, or proper property, ty, withou withoutt due proces processs of the law." law." #he #hirt #hirteent eenth h Amendm Amendment ent (1+-) (1+-) outlawed slavery, and courts have held that it bars racial discrimination. $iff& /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept ) #he 66666666 Amendment Amendment to the U.S. Constitut Constitution ion outlawed slavery, slavery, and courts have held that it bars racial discrimination. A) !irst ) !ifth C) #enth $) #hirteenth %) !ourteenth Answer& $ %'plana %'planatio tion& n& #he #hirte #hirteent enth h Amendm Amendment ent (1+-) (1+-) outlaw outlawed ed slaver slavery, y, and courts courts have have held held that that it bars bars racial 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." $iff& /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept 2) #he 12th Amendment to the U.S. Constitution addresses the sub4ect of 66666666. A) due process ) slavery C) private property $) trial by 4ury %) women7s ri0hts Answer& %'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 re8uires a trial by 4ury. $iff& /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept 9) #he 66666666 0ives all persons persons the same ri0ht to ma5e and enforce enforce contracts and to benefit from the laws of the land. A) !ifth Amendment ) Civil i0hts Act of 1+ C) #itle :;; of the 1*9 Civil i0hts Act $) Civil i0hts Act of 1**1 %) #hirteenth Amendment Answer& %'planation& #he Civil i0hts Act of 1+ 0ives all persons the same ri0ht to ma5e ma5e and enforce contracts and to 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 :;; of the 1*9 Civil i0hts Act states that employers cannot discriminate based on race, color, reli0ion, se', or national ori0in. $iff& /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept 1
-) #itle :;; of the 1*9 Civil i0hts Act e'plicitly prohibits employers from discrimination based on all of the followin0 characteristics %
*) >ow many members serve on the %8ual %mployment 3pportunity Commission A) 2 ) C) * $) 1= %) 1 Answer& %'planation& #he %8ual %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. $iff& 1 /a0e ef& 2 Chapter& 1 3b4ective& 1 S5ill& Concept 1=) 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 @ustice %) 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. $iff& 1 /a0e ef& 2 Chapter& 1 3b4ective& 1 S5ill& Concept 11) Which of the followin0 re8uires e8ual pay for e8ual wor5 re0ardless of se' A) #itle :;; of the 1*9 Civil i0hts Act ) %8ual /ay Act of 1*2 C) %'ecutive 3rder 119 $) /ay $iscrimination in %mployment Act of 1* %) Civil i0hts Act of 1**1 Answer& %'planation& Under the %8ual /ay Act of 1*2 (amended in 1*), it is unlawful to discriminate in pay on the basis of se' when 4obs involve e8ual wor5 re8uire e8uivalent s5ills, effort, and responsibility and are performed under similar wor5in0 conditions. $iff& 1 /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Concept 1) When companies utiliBe 66666666, they ta5e steps to eliminate the present effects of past discrimination. A) affirmative action ) e'ecutive orders C) rehabilitation action $) civil ri0hts 0uidelines %) e8ual 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 %8ual /ay Act of 1*2 re8uires employers to pay e8ual pay for e8ual wor5, and the :ocational ehabilitation Act of 1*2 re8uires employers with federal contracts of more than ,-== to ta5e affirmative action in employin0 disabled persons. $iff& 1 /a0e ef& 22 Chapter& 1 3b4ective& 1 S5ill& Concept
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12) Which of the followin0 is responsible for implementin0 %'ecutive 3rders 119 and 112- that were issued by the @ohnson administration A) %8ual %mployment 3pportunity Commission ) /ension enefits Duarantee Corporation C) 3ccupational Safety and >ealth Administration $) Eational Fabor elations oard %) 3ffice of !ederal Contract Compliance /ro0rams Answer& % %'planation& #he @ohnson administration (1*2G1**) issued %'ecutive 3rders 119 and 112- which didn7t 4ust ban discrimination but also re8uired that 0overnment contractors with contracts of over -=,=== and -= 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. $iff& 1 /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Concept 19) Which of the followin0 factors is E3# an acceptable basis for different pay for e8ual wor5 under the %8ual /ay Act of 1*2 A) merit ) seniority C) 0ender $) production 8uality %) production 8uantity Answer& C %'planation& Under the %8ual /ay Act of 1*2 (amended in 1*), it is unlawful to discriminate in pay on the basis of se' when 4obs involve e8ual wor5 re8uire e8uivalent s5ills, effort, and responsibility and are performed under similar wor5in0 conditions. /ay differences derived from seniority systems, merit systems, and systems that measure earnin0s by production 8uantity or 8uality or from any factor other than se' do not violate the act. $iff& /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Concept 1-) /aul is a 9*?year?old American of An0lo?Sa'on descent. What le0islation is most li5ely intended to protect /aul from discrimination A) %'ecutive 3rder 112) %8ual /ay Act of 1*2 C) %'ecutive 3rder 119 $) 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 9= and - years of a0e. %'ecutive 3rders 119 and 112- re8uire 0overnment contractors to ta5e affirmative action, the 12th Amendment barred slavery, and the %8ual /ay Act made it unlawful to discriminate in pay based on the employee7s 0ender. $iff& /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Application 1) Accordin0 to the A0e $iscrimination in %mployment Act of 1*, it is unlawful to 66 666666. A) sue an employer for a0e?based pay ) fire older employees for insubordination C) re8uire employees to retire at a0e $) allow 4uries to determine a0e discrimination %) institute a minimum a0e for employees Answer& C %'planation& #he A0e $iscrimination in %mployment Act of 1* (A$%A) made it unlawful to discriminate a0ainst employees or applicants who are between 9= and - years of a0e. Subse8uent amendments eliminated the a0e cap, effectively endin0 most mandatory retirement at a0e -. #he A$%A allows 4ury trials. $iff& /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Concept 9
1) #he 66666666 re8uires certain federal contractors to ta5e affirmative action for disabled persons. A) %8ual /ay Act B) Vocational Rehabilitation Act C) A0e $iscrimination in %mployment Act $) Americans with $isabilities Act %) Civil i0hts Act Answer& %'planation& #he :ocational ehabilitation Act of 1*2 re8uires employers with federal contracts of more than ,-== to ta5e affirmative action in employin0 disabled persons. ;t does not re8uire hirin0 un8ualified people. ;t does re8uire an employer to ta5e steps to accommodate a disabled wor5er unless doin0 so imposes an undue hardship on the employer, which is addressed by the A$A. $iff& 1 /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Concept 1+) Which of the followin0 refers to hi0hly recommended procedures issued by federal a0encies re0ardin0 employee selection, record 5eepin0, and preemployment in8uiries A) 4ob specifications ) employment metrics C) process charts D) unior! "uidelines %) applicant trac5in0 systems Answer& $ %'planation& Uniform 0uidelines are issued by federal a0encies char0ed with ensurin0 compliance with e8ual 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 in8uiries. $iff& 1 /a0e ef& 29 Chapter& 3b4ective& 1 S5ill& Concept 1*) Which of the followin0 does E3# participate in the issuance of uniform 0uidelines A) %%3C ) $epartment of Fabor C) Better Business Bureau $) $epartment of @ustice %) Civil Service Commission Answer& C %'planation& #he %%3C, Civil Service Commission, $epartment of Fabor, and $epartment of @ustice to0ether issued uniform 0uidelines. #hese set forth "hi0hly recommended" procedures re0ardin0 thin0s li5e employee selection, record 5eepin0, and preemployment in8uiries. #he etter usiness ureau is not involved in issuin0 uniform 0uidelines. $iff& 1 /a0e ef& 29 Chapter& 3b4ective& 1 S5ill& Concept =) Uniform 0uidelines from the %%3C are recommended for employers to use in matters re0ardin0 all of the followin0 %
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 :;;. #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. $iff& /a0e ef& 29 Chapter& 3b4ective& 1 S5ill& Concept ) ;n #riggs v. uke Power Co!"any, Dri00s sued the power company because it re8uired coal handlers to be hi0h school 0raduates. #he Supreme Court ruled in favor of Dri00s 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 $) #itle :;; forbids 4ob testin0 %) Dri00s held a D%$ Answer& A %'planation& #he Court ruled in favor of Dri00s 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 une8ual impact on members of a protected class. $iff& /a0e ef& 29 Chapter& 3b4ective& 1 S5ill& Concept 2) ;f a person is in a protected class, he or she is protected by which of the followin0 A) $epartment of Fabor 0uidelines ) Sarbanes?3'ley Act C) #itle V$$ o the Ci%il Ri"hts Act $) Consumer /rotection Act %) Eational Fabor elations oard Answer& C %'planation& #he term protected class refers to persons such as minorities and women who are protected by e8ual opportunity laws, includin0 #itle :;;. Choices A, , $, and % are not e8ual opportunity laws. $iff& 1 /a0e ef& 29 Chapter& 3b4ective& 1 S5ill& Concept 9) All of the followin0 are principles established by #riggs v. uke Power Co!"any %
-) 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 8ualification B) business 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. $iff& /a0e ef& 2Chapter& 3b4ective& 1 S5ill& Concept ) 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& ;n 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 4ob7s duties and responsibilities. $iff& /a0e ef& 2Chapter& 3b4ective& 1 S5ill& Concept ) Under the Civil i0hts 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 i0hts Act of 1**1, once an a00rieved applicant or employee demonstrates that an employment practice (such as "must lift 1== 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. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept +) Accordin0 to the Civil i0hts Act of 1**1, an employee who claims intentional discrimination can sue for all of the followin0 %
*) ace, 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 employee7s dubious behavior made the 4ob action acceptable. Under CA 1**1, an employer cannot avoid liability by provin0 it would have ta5en the same actionHsuch as terminatin0 someoneHeven without the discriminatory motive. $iff& 2 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Application 2=) Which of the followin0 re8uires employers to ma5e reasonable accommodations for disabled employees A) Civil i0hts Act of 1**1 ) %8ual /ay Act of 1*2 C) A!ericans with Disabilities Act o ' $) :ocational ehabilitation Act of 1*2 %) $isability $iscrimination in %mployment Act of 1* Answer& C %'planation& #he Americans with $isabilities Act (A$A) of 1**= prohibits employment discrimination a0ainst 8ualified disabled individuals. ;t also says employers must ma5e "reasonable accommodations" for physical or mental limitations unless doin0 so imposes an "undue hardship" on the business. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept 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 %%3C7s position is that the A$A prohibits discriminatin0 a0ainst people with >;:IA;$S. $iff& 1 /a0e ef& 2 Chapter& 1 3b4ective& 1 S5ill& Concept 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& Jental 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. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept
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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) qualiied indi%iduals Answer& % %'planation& #he A$A prohibits discrimination a0ainst 8ualified individualsHthose who, with (or without) a reasonable accommodation, can carry out the essential functions of the 4ob. #he individual must have the re8uisite s5ills, educational bac50round, and e'perience to do the 4ob. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept 29) 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 employee7s 4ob performance. C) E!ployees ail to pro%e that they are disabled yet qualiied to peror! a +ob . $) Conservative 4ud0es are sympathetic towards small?business owners. %) %mployee attorneys fail to draw connections between #itle :;; and A$A. Answer& C %'planation& %mployers traditionally prevailed in almost allH*KHfederal circuit court A$A decisions. A main reason is that employees were failin0 to show that they were disabled and 8ualified to do the 4ob. Unli5e with #itle :;; of the Civil i0hts Act, the employee must establish that he or she has a disability that fits under the A$A. $iff& 2 /a0e ef& 2+ Chapter& 3b4ective& 1 S5ill& Concept 2-) Which of the followin0 will be the most li5ely result of the A$A Amendments Act of ==+ A) E!ployees will ind it easier to pro%e that their disabilities are li!itin", ) #he number of ma4or life activities considered disabilities will be narrowed. C) %mployers will be re8uired to ma5e fewer accommodations for wor5ers with disabilities. $) %mployers will be re8uired 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$AA7s 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 employee7s "ma4or life activities." ;t does this by addin0 e'amples li5e readin0, concentratin0, thin5in0, sleepin0, and communicatin0 to the list of A$A ma4or life activities. $iff& 2 /a0e ef& 2+ Chapter& 3b4ective& 1 S5ill& Concept 2) ;n which of the followin0 situations does se'ual harassment E3# violate #itle :;; A) if the conduct substantially interferes with a person7s 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 by both a"e and "ender %) if the conduct creates an offensive wor5 environment Answer& $ %'planation& Under #itle :;;, 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 person7s wor5 performance or creatin0 an intimidatin0, hostile, or offensive wor5 environment. Se'ual harassment violates #itle :;;. #he motivation behind the conduct is not relevant to #itle :;; violations. $iff& 2 /a0e ef& 2* Chapter& 3b4ective& S5ill& Concept
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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 i0hts Act of 1**1 B) -ederal Violence A"ainst .o!en Act o '/ C) /re0nancy $iscrimination Act $) :ietnam %ra :eterans7 ead4ustment Assistance Act of 1*9 %) :ocational ehabilitation Act of 1*2 Answer& %'planation& #he !ederal :iolence A0ainst Women Act of 1**9 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 ef& 9= Chapter& 3b4ective& S5ill& Concept 2+) Which of the followin0 is E3# a form of se'ual harassment accordin0 to %%3C 0uidelines A) unwelcome se'ual advances that create an intimidatin0 wor5 environment ) re8uests 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 between co0wor1ers Answer& % %'planation& %%3C 0uidelines define se'ual harassment as unwelcome se'ual advances, re8uests 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. e8uests 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 ef& 91 Chapter& 3b4ective& S5ill& Concept 2*) All of the followin0 are ways for an employee to prove se'ual harassment %e su00ested that her promotion would be a sure thin0 if they were involved. When @udy declined his advances, Will fired her. Which of the followin0 would @udy 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& Luid pro 8uo (somethin0 for somethin0) is the most direct way to prove that re4ectin0 a supervisor7s advances adversely affected what the %%3C calls a "tan0ible employment action" such as hirin0, firin0, promotion, demotion, andIor wor5 assi0nment. Luid pro 8uo would be the best option for @udy if she sues the firm for Will7s actions. $iff& 2 /a0e ef& 91 Chapter& 3b4ective& S5ill& Application 1=
91) Dus is always ma5in0 se'ual 4o5es at wor5. Jany employees find the 4o5es funny, but Shelley, Dus7s e'ecutive assistant, is uncomfortable with the 4o5es. %ventually, she decides to 8uit her 4ob rather than endure the 4o5es any lon0er. What form of se'ual harassment has Shelley e'perienced A) 8uid pro 8uo B) hostile en%iron!ent created by super%isors C) hostile environment created by co?wor5ers $) hostile environment created by nonemployees %) none of the above Shelley is not a victim of se'ual harassment Answer& %'planation& As Shelley7s supervisor, Dus created a hostile environment accordin0 to the %%3C. A claimant does not need to show that the harassment had tan0ible conse8uences such as demotion. ;t is sufficient in many cases to prove that a supervisor7s se'ual harassment substantially affected an employee7s emotional and psycholo0ical abilities. $iff& 2 /a0e ef& 91 Chapter& 3b4ective& S5ill& Application 9) All of the followin0 are ways that an employer can minimiBe liability in se'ual harassment claims % department at Sanders has records of the plaintiff7s initial complaints. C) %'it interviews of out0oin0 Sanders employees include 8uestions about se'ual harassment. D) *anders lac1s 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 minimiBe 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 fre8uently, 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 ef& 9 AACS& eflective #hin5in0 Chapter& 3b4ective& S5ill& Critical #hin5in0
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99) Sanders Sportin0 Doods, 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 Sanders7 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 most li5ely undermine the plaintiff7s claim that Sanders is liable for the male employee7s 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 by R to participate in a se&ual harass!ent awareness course. $) #he male employee7s conduct si0nificantly interfered with the plaintiff7s ability to perform her 4ob. %) #he plaintiff discussed her concerns about the male employee7s conduct with female co?wor5ers. Answer& C %'planation& ;f the male employee was re8uired 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 plaintiff7s claim that there was a hostile environment. $iscussin0 concerns with employees is irrelevant to liability of the company. $iff& 2 /a0e ef& 91?9 AACS& eflective #hin5in0 Chapter& 3b4ective& S5ill& Critical #hin5in0 9-) Sanders Sportin0 Doods, 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 Sanders7 mana0ement condoned a hostile wor5 environment and that the company is liable for the actions of the male employee. All of the followin0 are most li5ely relevant 8uestions to ad dress in this court case % 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 ef& 99?9Chapter& 3b4ective& S5ill& Application 1
9) 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. citiBen 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. citiBen. 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 citiBen. $) U.S. %%3 laws apply to forei0n citiBens in 4obs located outside the U.S. if the employer is a U.S. entity. E) 5,*, EEO laws apply inside the 5,*, when the e!ployer is a 5,*, entity and the e!ployee is a orei"ner le"ally authori6ed to wor1 in the 5,*, 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 authoriBed to wor5 in the U.S. ;n some cases, U.S. laws may also apply to wor5ers who are not authoriBed to wor5 in the U.S. #he laws do not apply to forei0n citiBens in 4obs outside of the U.S. even when the employer is a U.S. entity. $iff& 2 /a0e ef& 9Chapter& 3b4ective& S5ill& Concept 9+) 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 :;; than on other employees, re0ardless of intent." $iff& 1 /a0e ef& 9 Chapter& 3b4ective& 2 S5ill& Concept 9*) 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 ef& 9 Chapter& 3b4ective& 2 S5ill& Concept
12
-=) All of the followin0 are ways that an employee or 4ob applicant can show adverse impact %
-9) Which of the followin0 involves comparin0 the percenta0e of the minorityIprotected 0roup and white wor5ers in an or0aniBation 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 $) Jc$onnell?$ou0las test %) !3L method Answer& C %'planation& #he population comparisons approach compares (1) the percenta0e of >ispanic (or blac5 or other minorityIprotected 0roup) and white wor5ers in the or0aniBation 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 Jetropolitan Statistical Area. $iff& 1 /a0e ef& 9 Chapter& 3b4ective& 2 S5ill& Concept --) Accordin0 to 66666666, an employer can claim that an employment practice is a bona fide occupational 8ualification for performin0 the 4ob. A) #itle V$$ o the '9/ Ci%il Ri"hts Act ) :ocational ehabilitation Act of 1*2 C) A0e $iscrimination in %mployment Act of 1* $) %'ecutive 3rders 119 and 112%) 1* %8ual 3pportunity Act Answer& A %'planation& An employer can claim that the employment practice is a bona fide occupational 8ualification (!3L) for performin0 the 4ob accordin0 to #itle :;;. #itle :;; 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 8ualification reasonably necessary to the normal operation of that particular business or enterprise." $iff& /a0e ef& 9+ Chapter& 3b4ective& 9 S5ill& Concept -) %mployers primarily use bona fide occupational 8ualification (!3L) 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 !3L mostly as a defense a0ainst char0es of intentional discrimination based on a0e. >owever, #itle :;; 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 8ualification reasonably necessary to the normal operation of that particular business or enterprise." $iff& /a0e ef& 9+ Chapter& 3b4ective& 9 S5ill& Concept -) ;n which of the followin0 4obs would 0ender most li5ely be appropriate to use as a !3L 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& Dender may be a !3L for positions li5e actor, model, and restroom attendant re8uirin0 physical characteristics possessed by one se'. >owever, for most 4obs today, it7s difficult to claim that 0ender is a !3L. !or e'ample, 0ender is not a !3L for parole and probation officers or teachers. ;t is not a !3L for positions 4ust because the positions re8uire liftin0 heavy ob4ects, such as with fire fi0hters. $iff& /a0e ef& 9* AACS& eflective #hin5in0 Chapter& 3b4ective& 9 S5ill& Application 1-
-+) /ictures and /romotions Jodelin0 Studio see5s to hire male models for an upcomin0 fashion show featurin0 men7s wear. #he studio is usin0 66666666 as a 4ustification for not considerin0 women for the 4obs. A) AS ) A$%A C) A$A $) %%3C E) B-O: Answer& % %'planation& An employer can claim that the employment practice is a bona fide occupational 8ualification (!3L) for performin0 the 4ob. ;n 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 !3L, which is not the issue in this e'ample. $iff& /a0e ef& 9+ Chapter& 3b4ective& 2, 9 S5ill& Application -*) Which defense re8uires showin0 that there is an overridin0 company?related purpose for a discriminatory practice and that the practice is therefore acceptable A) prima facie B) business necessity C) adverse impact $) mi'ed motive %) or0aniBational preference Answer& %'planation& "usiness necessity" is a defense created by the courts that re8uires showin0 that there is an overridin0 business purpose for the discriminatory practice and that the practice is therefore acceptable. ;t7s 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 ef& 9* Chapter& 3b4ective& 9 S5ill& Concept =) #he application re8uirements for Western Airlines pilot positions re8uire candidates to have lo00ed at least == hours pilotin0 an aircraft within the previous 2 months. ;n addition, applicants must have ,-== hours of e'perience in the air with at least 1,=== hours as the commandin0 pilot of a commercial airplane. A four?year colle0e de0ree is also re8uired. @eff SancheB, who is >ispanic, applied for a position as a pilot and was re4ected because he has a de0ree from a ?year colle0e and only ,=== hours of fli0ht e'perience. @eff is suin0 Western Airlines for discriminatory hirin0 practices. Which of the followin0, if true, best supports Western Airlines7 defense A) At Western Airlines, turnover is hi0h amon0 minority employees wor5in0 as pilots and fli0ht attendants. ) ecent e'periences with colle0e recruitin0 have led Western Airlines to increase the percenta0e of its minority pilots. C) @ob capability as a Western Airlines pilot depends most heavily on a0e, 0ender, and previous 4ob e'periences. D) #he total nu!ber o hours spent lyin" a co!!ercial airline is a %alid predictor o peror!ance or !ost .estern Airlines pilots, %) Western Airlines bases its selection tests and hirin0 practices on industry 0uidelines for commercial pilots. Answer& $ %'planation& Western Airlines7 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. ;n 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 ef& 9* Chapter& 3b4ective& 9 S5ill& Critical #hin5in0
1
1) #he application re8uirements for Western Airlines pilot positions re8uire candidates to have lo00ed at least == hours pilotin0 an aircraft within the previous 2 months. ;n addition, applicants must have ,-== hours of e'perience in the air with at least 1,=== hours as the commandin0 pilot of a commercial airplane. A four?year colle0e de0ree is also re8uired. @eff SancheB, who is >ispanic, applied for a position as a pilot and was re4ected because he has a de0ree from a ?year colle0e and only ,=== hours of fli0ht e'perience. @eff 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) Jost pilots at Western Airlines belon0 to labor unions and are involved in collective bar0ainin0 arran0ements detrimental to the industry. B) #he +ob require!ents or pilots at .estern Airlines are a business necessity due to the hu!an ris1s associated with hirin" unqualiied applicants, C) #he A0e $iscrimination in %mployment Act prevents firms, such as Western Airlines, from discriminatin0 when a0e is a !3L. $) 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 un8ualified, so it is a business necessity for Western Airlines to have what may be discriminatory hirin0 practices. ;n this e'ample, the 4ob re8uires a hi0h de0ree of s5ill, and the economic and human ris5s of hirin0 an un8ualified applicant are 0reat. $iff& 2 /a0e ef& 9* AACS& eflective #hin5in0 Chapter& 3b4ective& 9 S5ill& Critical #hin5in0 ) All of the followin0 recruitment practices are potentially discriminatory %ispanic wor5force ) providin0 misleadin0 information to Asian and ;ndian 4ob applicants C) refusin0 to advise older applicants about wor5 opportunities $) postin0 help wanted ads that specify youn0, male applicants E) postin" +ob 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 ef& -= 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 applicant7s 5nowled0e about a computer lan0ua0e ) re8uirin0 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 speciic hei"ht standards %) as5in0 prison 0uard applicants to reveal their arrest records Answer& $ %'planation& ;t would most li5ely be unlawful to re8uire en0ineers to meet certain hei0ht standards because hei0ht is not related to the 4ob. ;f a 4ob re8uires security clearance, such as a prison 0uard, then it is not discriminatory to as5 about an applicant7s arrest record. %ducational re8uirements, physical characteristics, and 5nowled0e are acceptable selection standards when they specifically relate to the 4ob. $iff& 2 /a0e ef& AACS& %thical easonin0 Chapter& 3b4ective& S5ill& Application
1
9) 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 reers the char"e, ) #he two parties are re8uired to participate in mediation. C) A commission investi0ates the claim in an open?meetin0. $) #he %%3C determines if the char0e is based on #itle :;; 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 %%3C7s 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 ef& -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) act0indin" conerence $) 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 there7s a basis for ne0otiation. >owever, the %%3C7s real focus here is often on settlement. ;ts investi0ators use the conferences to find wea5 spots in each party7s position, which are used to push for a settlement. $iff& 1 /a0e ef& -2 Chapter& 3b4ective& S5ill& Concept ) ;n ==, 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 %8ual %mployment 3pportunity Commission voted unanimously in == to focus more on bi0,"systemic" cases, those that reflect a pattern or practice of alle0ed discrimination. ;ts systemic cases tas5 force recently issued specific recommendations the %%3C can use to uncover and remedy systemic discrimination. $iff& /a0e ef& -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 1=K 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 ef& -9 Chapter& 3b4ective& S5ill& Concept
1+
+) Which of the followin0 refers to the variety of demo0raphic features that characteriBe a company7s wor5force A) competency ) ethnocentricity C) 0lobaliBation $) mobility E) di%ersity Answer& % %'planation& $iversity refers to the variety or multiplicity of demo0raphic features that characteriBe a company7s wor5force, particularly in terms of race, se', culture, national ori0in, handicap, a0e, and reli0ion. DlobaliBation re8uires employers to hire minority members with the cultural and lan0ua0e s5ills to deal with customers abroad. $iff& 1 /a0e ef& - AACS& Julticultural 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 +ob assi"n!ents, C) !emale and minority employees report directly to low?level mana0ers. $) $iversity trainin0 re8uirements are only completed by minority and female wor5ers. %) :oluntary mediation occurs fre8uently amon0 female and minority wor5ers. Answer& %'planation& ;n 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. Jinorities would also report directly to senior mana0ement rather than low?level mana0ers, and they would have low turnover rates. $iff& 2 /a0e ef& -+ AACS& Julticultural and $iversity Chapter& 3b4ective& S5ill& Application =) ;n 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 %) 8uid pro 8uo Answer& C %'planation& #he case serves as an e'ample of reverse discrimination. ;n Bakke v. %egents of the &niversity of California (1*+), the University of California at $avis Jedical School denied admission to white student Allen a55e, alle0edly because of the school7s affirmative action 8uota system, which re8uired that a specific number of openin0s 0o to minority applicants. ;n a -?to?9 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 a55e7s admission. $iff& /a0e ef& 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& !AFS% %'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 ef& 2 Chapter& 3b4ective& 1 S5ill& Concept ) #he 19th Amendment to the U.S. Constitution led to the establishment of the %%3C. Answer& !AFS% %'planation& #itle :;; of the 1*9 Civil i0hts Act established the %8ual %mployment 3pportunity Commission to administer and enforce the Civil i0hts law at wor5. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept 1*
2) #itle :;; of the 1*9 Civil i0hts Act bars discrimination on the part of most employers, includin0 all public or private employers of 1- or more persons. Answer& #U% %'planation& #itle :;; 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 ef& 2 Chapter& 3b4ective& 1 S5ill& Concept 9) #he %%3C receives and investi0ates 4ob discrimination complaints from a00rieved individuals. Answer& #U% %'planation& #he %8ual %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. ;f this fails, it can 0o to court. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept -) 3nly an a00rieved individual can file 4ob discrimination char0es a0ainst a business. Answer& !AFS% %'planation& #he %%3C may file discrimination char0es on behalf of a00rieved individuals, or the individuals may file on behalf of themselves. $iff& /a0e ef& 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 9= and - years of a0e however, the law does not apply to private businesses. Answer& !AFS% %'planation& #he A0e $iscrimination in %mployment Act of 1* (A$%A) made it unlawful to discriminate a0ainst employees or applicants who are between 9= and - years of a0e. A$%A applies to all employers not 4ust 0overnment a0encies. $iff& /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Concept ) ;n '(Connor v. Consolidated Coin Caterers Cor"., the Supreme Court held that an employee who is over 9= may sue for discrimination if he or she is replaced by a "si0nificantly youn0er" employee, even if the replacement is also over 9=. Answer& #U% %'planation& Mou can7t 0et around the A$%A by replacin0 employees over 9= years of a0e with those who are also over 9=. ;n '(Connor v. Consolidated Coin Caterers Cor"., the U.S. Supreme Court held that an employee who is over 9= years of a0e mi0ht sue for discrimination if a "si0nificantly youn0er" employee replaces him or her, even if the replacement is also over 9=. #he Court didn7t specify what "si0nificantly youn0er" meant, but 37Connor had been replaced by someone 1 years youn0er. $iff& /a0e ef& 22 Chapter& 3b4ective& 1 S5ill& Concept +) ;f 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& #U% %'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 ef& 29 Chapter& 3b4ective& 1 S5ill& Concept *) #itle :;; forbids the testin0 or screenin0 of 4ob applicants because testin0 systematically discriminates a0ainst certain protected classes. Answer& !AFS% %'planation& #he Supreme Court ruled that an employment practice, such as testin0, must be 4ob related if it has an une8ual impact on members of a protected class. #itle :;; does not forbid testin0 or screenin0 4ob applicants but it re8uires that the testIscreen is relevant to performin0 the 4ob. $iff& /a0e ef& 29 Chapter& 3b4ective& 1 S5ill& Concept =
+=) #he Civil i0hts Act of 1**1 ma5es it more difficult for plaintiffs to sue for monetary dama0es in cases of disparate treatment. Answer& !AFS% %'planation& CA 1**1 ma5es it easier to sue for money dama0es in cases of disparate treatment or intentional discrimination. CA 1**1 provides that an employee who is claimin0 intentional discrimination can as5 for both compensatory dama0es and punitive dama0es. $iff& /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept +1) #he Americans with $isabilities Act of 1**= does not list specific disabilities but provides impairment 0uidelines instead. Answer& #U% %'planation& #he A$A does not list specific disabilities. ;nstead, %%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. ;mpairments 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. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Application +) ;ndividuals dia0nosed with >;:IA;$S are not protected from discrimination under the Americans with $isabilities Act, althou0h le0islation is bein0 considered. Answer& !AFS% %'planation& #he A$A prohibits discrimination a0ainst people with >;:IA;$S. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept +2) Jental disabilities, such as depression and an'iety disorders, account for the 0reatest number of claims brou0ht under the A$A. Answer& #U% %'planation& Jental 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. $iff& /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept +9) Accordin0 to the A$A, firms must employ all disabled individuals who apply for positions and provide them with 4ob trainin0 when necessary. Answer& !AFS% %'planation& %mployers are not re8uired to employ all disabled 4ob applicants. #he A$A prohibits discrimination a0ainst 8ualified individualsHthose who, with (or without) a reasonable accommodation, can carry out the essential functions of the 4ob. #he individual must have the re8uisite s5ills, educational bac50round, and e'perience to do the 4ob. $iff& 1 /a0e ef& 2 Chapter& 3b4ective& 1 S5ill& Concept +-) Accordin0 to D;EA, health insurers and employers are prohibited from discriminatin0 based on people7s 0enetic information. Answer& #U% %'planation& #he Denetic ;nformation Eondiscrimination Act (D;EA) prohibits discrimination by health insurers and employers based on people7s 0enetic information. Specifically, it prohibits the use of 0enetic information in employment, prohibits the intentional ac8uisition of 0enetic information about applicants and employees, and imposes strict confidentiality re8uirements. $iff& /a0e ef& 2* Chapter& 3b4ective& 1 S5ill& Concept +) #o prove se'ual harassment, it is necessary to show that the harassment had tan0ible conse8uences such as demotion or termination. Answer& !AFS% %'planation& ;n Burlington $ndustries v. Ellerth, the employee accused her supervisor of )uid "ro )uo 1
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 ef& 9 Chapter& 3b4ective& S5ill& Concept +) $ue to e'tensive le0islative efforts, most of today7s se'ual harassment victims complain to their mana0ers and sue their employers rather than 8uittin0 their 4obs, which was a more common response in the past. Answer& !AFS% %'planation& Jost se'ual harassment victims don7t sue or complain. ;nstead, they 8uit or try to avoid their harassers despite the increased efforts made by employers and 0overnment a0encies. $iff& /a0e ef& 99 Chapter& 3b4ective& S5ill& Concept ++) Under the Civil i0hts Act of 1**1, disparate impact claims re8uire proof of discriminatory intent. Answer& !AFS% %'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 :;; than on other employees, re0ardless of intent. $iff& /a0e ef& 9 Chapter& 3b4ective& 2 S5ill& Concept +*) #he Jc$onnell?$ou0las test is a procedure used by federal a0encies to assess disparate impact. Answer& !AFS% %'planation& Fawyers use the Jc$onnel?$ou0las test for showin0 disparate treatment instead of disparate impact. #he 9I-ths rule is used by federal a0encies to assess disparate re4ection rates. $iff& 1 /a0e ef& 9?9 Chapter& 3b4ective& 2 S5ill& Concept *=) #he restricted policy approach involves demonstratin0 that an employer7s hirin0 practices either intentionally or unintentionally e'clude members of a protected 0roup. Answer& #U% %'planation& #he restricted policy approach means demonstratin0 that the employer7s policy intentionally or unintentionally e'cluded members of a protected 0roup. >ere the problem is usually obviousHsuch 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 ef& 9 Chapter& 3b4ective& 2 S5ill& Concept *1) Shippers %'press is accused of adverse impact on a protected 0roup. +=K of all male applicants are hired but only -=K of female applicants are hired. Usin0 the formula for disparate re4ection rates, adverse impact cannot be shown. Answer& !AFS% %'planation& A selection rate for any racial, ethnic, or se' 0roup which is less than four?fifths or +=K 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. ;n this e'ample, Shippers %'press hires +=K of male applicants, but only -=K of female applicants. !our?fifths of +=K would be 9K. Since -=K is less than 9K, adverse impact e'ists. $iff& 2 /a0e ef& 9 Chapter& 3b4ective& 2 S5ill& Application *) $efinin0 the relevant labor mar5et is a crucial step in usin0 population comparisons to show adverse impact. Answer& #U% %'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 ef& 9 Chapter& 3b4ective& 2 S5ill& Concept
*2) %mployers fre8uently use a bona fide occupation 8ualification as a defense a0ainst char0es of intentional discrimination based on 0ender rather than factors such as a0e or reli0ion. Answer& !AFS% %'planation& ;n most cases, employers use !3L as a defense a0ainst char0es of intentional discrimination based on a0e. !3L is not a common defense in char0es re0ardin0 reli0ion or 0ender. $iff& /a0e ef& 9+ Chapter& 3b4ective& 9 S5ill& Concept *9) #he A0e $iscrimination in %mployment Act prohibits the use of a0e as a !3L for any type of employment. Answer& !AFS% %'planation& #he A0e $iscrimination in %mployment Act (A$%A) permits disparate treatment in those instances when a0e is a !3L. !or e'ample, a0e is a !3L 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 ef& 9+ Chapter& 3b4ective& 9 S5ill& Concept *-) Under no circumstances may reli0ion be used as a bona fide occupational 8ualification (!3L). Answer& !AFS% %'planation& eli0ion may be a !3L in reli0ious or0aniBations or societies that re8uire employees to share their particular reli0ion. !or e'ample, reli0ion may be a !3L when hirin0 persons to teach in a reli0ious school. $iff& /a0e ef& 9+ Chapter& 3b4ective& 9 S5ill& Concept *) Accordin0 to federal laws, as5in0 4ob candidates about their marital status is not ille0al however, a firm needs to be able to defend the practice as a !3L to avoid raisin0 discrimination issues. Answer& #U% %'planation& ;t isn7t ille0al to as5 a 4ob candidate about her marital status althou0h such a 8uestion 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 !3L or business necessity. $iff& /a0e ef& -= Chapter& 3b4ective& S5ill& Concept *) Courts have ruled that educational 8ualifications are ille0al when the 8ualifications are not 4ob related. Answer& #U% %'planation& Courts have found educational 8ualifications to be ille0al when minority 0roups are less li5ely to possess the educational 8ualifications and such 8ualifications are also not 4ob related. $iff& /a0e ef& -1 Chapter& 3b4ective& S5ill& Concept *+) Accordin0 to the Civil i0hts Act of 1**1, an employment discrimination claim must be filed within = days after the alle0ed incident occurred or a claim cannot be filed. Answer& !AFS% %'planation& Under CA 1**1, the discrimination claim must be filed within 2== days (when there is a similar state law) or 1+= days (where there is no similar state law) after the alle0ed incident too5 place ( years for the %8ual /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. $iff& 1 /a0e ef& -2 Chapter& 3b4ective& S5ill& Concept **) Alternative dispute resolution is a 0rievance procedure that provides for bindin0 arbitration as the last step in employment discrimination claims. Answer& #U% %'planation& Alternative dispute resolution or A$ pro0rams are 0rievance procedures that provide bindin0 arbitration in %%3 lawsuits. $iff& 1 /a0e ef& - Chapter& 3b4ective& S5ill& Concept
2
1==) Jana0in0 diversity means ma'imiBin0 diversity7s potential advanta0es while minimiBin0 the potential hindrances of diversity that can undermine a firm7s performance. Answer& #U% %'planation& $iversity mana0ement means ma'imiBin0 diversity7s potential benefits such as 0reater cultural awareness and broader lan0ua0e s5ills. ;n addition, diversity mana0ement minimiBes potential barriers such as pre4udice and bias that can undermine a company7s performance. $iff& 1 /a0e ef& - AACS& Julticultural and $iversity Chapter& 3b4ective& S5ill& Concept 1=1) What is the si0nificance of #itle :;; What has been the effect of #itle :;; on the modern wor5force and diversity mana0ement Answer& #itle :;; bars discrimination on the part of most employers, includin0 all public or private employers of 1- or more persons. ;t also covers all private and public educational institutions, the federal 0overnment, and state and local 0overnments. ;t 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 :;; also established the %8ual %mployment 3pportunity Commission (%%3C) to administer and enforce the Civil i0hts law at wor5. #he chan0es brou0ht about by #itle :;; as well as demo0raphic chan0es and 0lobaliBation have altered the modern wor5force. White males no lon0er dominate the labor force, and women and minorities represent the lion7s share of labor force 0rowth over the near future. !urthermore, 0lobaliBation re8uires employers to hire minority members with the cultural and lan0ua0e s5ills to deal with customers abroad. Jana0in0 diversity means ma'imiBin0 diversity7s potential benefits (0reater cultural awareness, and broader lan0ua0e s5ills, for instance) while minimiBin0 the potential barriers (such as pre4udices and bias) that can undermine the company7s performance. Fe0ally compulsory actions can reduce some blatant diversity barriers, ta5in0 a diverse wor5force and blendin0 it into a close?5nit and productive one re8uires more. $iff& 2 /a0e ef& 2, -?- AACS& Analytic S5ills Chapter& 3b4ective& 1, S5ill& Synthesis 1=) What were the three crucial 0uidelines affectin0 e8ual employment le0islation that Chief @ustice 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. ;t need only show that discrimination did ta5e place. Second, an employment practice must be 4ob related if it has an une8ual 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. $iff& 2 /a0e ef& 29 AACS& eflective #hin5in0 Chapter& 3b4ective& 1 S5ill& Application 1=2) ;n a brief essay, describe how the A$A Amendments Act of ==+ affects both employers and employees. Answer& #he era in which employers prevail in most A$A claims probably ended @anuary 1, ==*. 3n that day, the A$A Amendments Act of ==+ (A$AAA) became effective. #he %%3C had been interpretin0 the A$A7s "substantially limits" phrase very narrowly. #he new A$AAA7s basic effect will be to ma5e it much easier for employees to show that their disabilities are limitin0. !or e'ample, the new act ma5es it easier for an employee to show that his or her disability is influencin0 one of the employee7s "ma4or life activities." ;t does this by addin0 e'amples li5e readin0,concentratin0, thin5in0, sleepin0, and communicatin0 to the list of A$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 they7re complyin0 with the A$A and providin0 reasonable accommodations $iff& 2 /a0e ef& 2+ AACS& eflective #hin5in0 Chapter& 3b4ective& 1 S5ill& Application
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1=9) What are the three primary ways that an individual can prove se'ual harassment Eame and describe each one in a brief essay. Answer& #he three main ways an employee can prove se'ual harassment is 8uid pro 8uo, hostile environment created by supervisors, or hostile environment created by co?wor5ers or nonemployees. Luid pro 8uo 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 person7s supervisor in order to 8ualify as se'ual harassment. An employee7s 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. $iff& 2 /a0e ef& 91 Chapter& 3b4ective& S5ill& Application 1=-) 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. easonable 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 employee7s failin0 to use formal or0aniBational 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 8ualification for performin0 the 4ob. #he other option is showin0 that the practice is a business necessity, which re8uires showin0 that there is an overridin0 business purpose for the discriminatory practice and that the practice is therefore acceptable. $iff& 2 /a0e ef& 9, 9+, 9* Chapter& 3b4ective& , 9 S5ill& Synthesis 1=) 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 harasser7s 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 re8uest 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 harasser7s mana0er andIor 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 ef& 99?9Chapter& 3b4ective& S5ill& Application 1=) Compare and contrast disparate treatment and disparate impact. Answer& $isparate treatment means intentional discrimination. ;t 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 :;; than on other employees, re0ardless of intent. $isparate treatment re8uires findin0 intent to discriminate while disparate impact claims do not re8uire proof of discriminatory intent. $iff& 2 /a0e ef& 9 Chapter& 3b4ective& 2 S5ill& Application
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1=+) What are uniform 0uidelines >ow do uniform 0uidelines relate to discriminatory employment practices involvin0 educational 8ualifications and testin0 Answer& #he %%3C, Civil Service Commission, $epartment of Fabor, and $epartment of @ustice to0ether issued uniform 0uidelines. #hese set forth "hi0hly recommended" procedures re0ardin0 thin0s li5e employee selection, record 5eepin0, and preemployment in8uiries. 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 8ualifications to be ille0al when (1) minority 0roups are less li5ely to possess the educational 8ualifications (such as a hi0h school de0ree) and () such 8ualifications are also not 4ob related. >owever, there may be 4obs of course for which educational re8uirements (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 @ustice ur0er,"Eothin0 in the N#itle :;;O act precludes the use of testin0 or measurin0 procedures 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 ef& 29, -1 AACS& eflective #hin5in0 Chapter& 3b4ective& 1, S5ill& Synthesis 1=*) >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. Jana0ers need to understand the 8uestions that can and cannot be as5ed when interviewin0 applicants, and 5now what constitutes se'ual harassment, and how e8ual 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 %8ual /ay Act of 1*2, which states it is unlawful to discriminate in pay on the basis of se' when 4obs involve e8ual wor5 re8uire e8uivalent s5ills, effort, and responsibility and are performed under similar wor5in0 conditions. Jana0ers 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 9= and - years of a0e. Moun0er mana0ers may have to especially 0uard a0ainst a0eist pre4udices and assumin0 that youn0er wor5ers are better 8ualified than older wor5ers. $iff& 2 /a0e ef& 22, - AACS& eflective #hin5in0 Chapter& 3b4ective& 1, S5ill& Synthesis 11=) Jana0ers 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& Jana0ers 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. Jana0ers 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. ;n 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. Jana0ement 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 ef& 9, -* AACS& eflective #hin5in0 Chapter& 3b4ective& , S5ill& Synthesis
