Chapter 02 Dessler

8/12/2019 Chapter 02 Dessler

http://slidepdf.com/reader/full/chapter-02-dessler 1/48

Human Resources Management, 13e (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 AmendmentC) #enth Amendment$) #hirteenth AmendmentAnswer% &'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 racialdiscrimination.$iff% Chapter%

/b0ective% 1S ill% Concept

) #he 22222222 Amendment to the U.S. Constitution outlawed slavery, and courts have heldthat it bars racial discrimination.A) !ifth

) #enthC) #hirteenth$) !ourteenthAnswer% C&'planation% C) #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 thelaw."$iff% Chapter% /b0ective% 1S ill% Concept

1Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



6) #he 16th Amendment to the U.S. Constitution addresses the sub0ect of 22222222.A) due process

) slaveryC) private property$) trial by 0ury

Answer% &'planation% ) #he 16th Amendment to the U.S. Constitution abolished slavery and courtshave held that it bars racial discrimination. #he -th Amendment addresses due process, and the

th Amendment re:uires a trial by 0ury.$iff% Chapter% /b0ective% 1S ill% Concept

;) #he 22222222 3ives all persons the same ri3ht to ma e and enforce contracts and to benefitfrom the laws of the land.A) !ifth Amendment

) Civil <i3hts Act of 1+C) #itle =88 of the 1* ; Civil <i3hts Act$) #hirteenth AmendmentAnswer% &'planation% ) #he Civil <i3hts Act of 1+ 3ives all persons the same ri3ht to ma e andenforce 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 heldthat it bars racial discrimination. #itle =88 of the 1* ; Civil <i3hts Act states that employerscannot discriminate based on race, color, reli3ion, se', or national ori3in.$iff% Chapter% /b0ective% 1S ill% Concept

Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



-) #itle =88 of the 1* ; Civil <i3hts Act e'plicitly prohibits employers from discrimination based on all of the followin3 characteristics &>C&7# 22222222.A) race

) reli3ionC) color

$) se'ual orientationAnswer% $&'planation% $) #itle =88 of the 1* ; Civil <i3hts Act states that an employer cannotdiscriminate based on race, color, reli3ion, se', or national ori3in. #itle =88 bars discriminationon the part of most employers both public and private with 1- or more employees. Se'ualorientation is not directly addressed under the law.$iff% 1Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

) Accordin3 to #itle =88 of the 1* ; Civil <i3hts Act, which of the followin3 employers would be le3ally allowed to refuse employment to an individual based on race, reli3ion, or se'A) a state a3ency with - employees

) a medical office with - employeesC) a local restaurant with 15 employees$) a department store with 155 employeesAnswer% C&'planation% C) #itle =88 bars discrimination on the part of most employers, includin3 all publicor private employers of 1- or more persons. 8t also covers all private and public educationalinstitutions, the federal 3overnment, and state and local 3overnments. A business with fewer than1- employees would le3ally be allowed to refuse employment based on race, reli3ion, se', ornational ori3in.$iff% Chapter% /b0ective% 1S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




) Which le3islation was responsible for the creation of the &:ual &mployment /pportunityCommissionA) &:ual 7ay Act of 1* 6

) Civil <i3hts Act of 1+C) &'ecutive /rders 11 ; and 116 -

$) #itle =88 of the 1* ; Civil <i3hts ActAnswer% $&'planation% $) #itle =88 established the &:ual &mployment /pportunity Commission (&&/C)to administer and enforce the Civil <i3hts law at wor . #he commission itself consists of fivemembers appointed by the president with the advice and consent of the Senate. &'ecutive /rders11 ; and 116 - established the /ffice of !ederal Contract Compliance 7ro3rams.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

+) #he &&/C was initially established to investi3ate complaints about 22222222.A) 0ob discrimination

) unfair business practicesC) se'ual harassment in schools$) structural accommodations for disabled peopleAnswer% A&'planation% A) #itle =88 established the &:ual &mployment /pportunity Commission (&&/C)to administer and enforce the Civil <i3hts law at wor . #he &&/C receives and investi3ates

0ob discrimination complaints from a33rieved individuals.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

*) 9ow many members serve on the &:ual &mployment /pportunity CommissionA) 6

) -C) *$) 15Answer% &'planation% ) #he &:ual &mployment /pportunity Commission (&&/C) consists of fivemembers appointed by the president with the advice and consent of the Senate. &ach memberserves a - year term.$iff% 1Chapter% 1/b0ective% 1S ill% Concept

;Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



15) Which of the followin3 appoints the members of the &&/CA) U.S. Con3ress

) U.S. Supreme CourtC) U.S. 7resident$) U.S. voters

Answer% C&'planation% C) #he &&/C consists of five members appointed by the president with the adviceand consent of the Senate. &ach member serves a - year term.$iff% 1Chapter% 1/b0ective% 1S ill% Concept

11) Which of the followin3 re:uires e:ual pay for e:ual wor re3ardless of se'A) #itle =88 of the 1* ; Civil <i3hts Act

) &:ual 7ay Act of 1* 6

C) 7ay $iscrimination in &mployment Act of 1*$) Civil <i3hts Act of 1**1Answer% &'planation% ) Under the &:ual 7ay Act of 1* 6 (amended in 1* ), it is unlawful todiscriminate in pay on the basis of se' when 0obs involve e:ual wor B re:uire e:uivalent s ills,effort, and responsibilityB and are performed under similar wor in3 conditions.$iff% 1Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

1 ) When companies utili@e 22222222, they ta e steps to eliminate the present effects of pastdiscrimination.A) affirmative action

) e'ecutive ordersC) rehabilitation$) e:ual pay rulesAnswer% A&'planation% A) Affirmative action refers to steps that are ta en for the purpose of eliminatin3the present effects of past discrimination. #he &:ual 7ay Act of 1* 6 re:uires employers to paye:ual pay for e:ual wor , and the =ocational <ehabilitation Act of 1* 6 re:uires employers withfederal contracts of more than ,-55 to ta e affirmative action in employin3 disabled persons.$iff% 1Chapter% 1/b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

-Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



16) Which of the followin3 is responsible for implementin3 &'ecutive /rders 11 ; and 116 -that were issued by the Dohnson administrationA) &:ual &mployment /pportunity Commission

) 7ension enefits Euarantee CorporationC) /ccupational Safety and 9ealth Administration

$) /ffice of !ederal Contract Compliance 7ro3ramsAnswer% $&'planation% $) #he Dohnson administration (1* 6F1* *) issued &'ecutive /rders 11 ; and116 - which didnGt 0ust ban discrimination but also re:uired that 3overnment contractors withcontracts of over -5,555 and -5 or more employees ta e affirmative action to ensureemployment opportunity for those who may have suffered past discrimination. #hese orders alsoestablished the /ffice of !ederal Contract Compliance 7ro3rams (/!CC7) to implement theorders and ensure compliance.$iff% 1Chapter% /b0ective% 1

S ill% Concept1;) Which of the followin3 factors is H/# an acceptable basis for different pay for e:ual worunder the &:ual 7ay Act of 1* 6A) 3ender

) seniorityC) production :uality$) production :uantityAnswer% A&'planation% A) Under the &:ual 7ay Act of 1* 6 (amended in 1* ), it is unlawful todiscriminate in pay on the basis of se' when 0obs involve e:ual wor B re:uire e:uivalent s ills,effort, and responsibilityB and are performed under similar wor in3 conditions. 7ay differencesderived from seniority systems, merit systems, and systems that measure earnin3s by production:uantity or :uality or from any factor other than se' do not violate the act.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




1-) 7aul is a ;* year old American of An3lo Sa'on descent. What le3islation is most li elyintended to protect 7aul from discriminationA) &'ecutive /rder 116 -

) &:ual 7ay Act of 1* 6C) &'ecutive /rder 11 ;

$) A3e $iscrimination in &mployment Act of 1*Answer% $&'planation% $) #he A3e $iscrimination in &mployment Act of 1* (A$&A) made it unlawfulto discriminate a3ainst employees or applicants who are between ;5 and - years of a3e.&'ecutive /rders 11 ; and 116 - re:uire 3overnment contractors to ta e affirmative action,and the &:ual 7ay Act made it unlawful to discriminate in pay based on the employeeGs 3ender.$iff% Chapter% /b0ective% 1S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

1 ) Accordin3 to the A3e $iscrimination in &mployment Act of 1* , it is unlawful to 22222222.A) sue an employer for a3e based pay

) re:uire employees to retire at a3e -C) allow 0uries to determine a3e discrimination$) institute a minimum a3e for employeesAnswer% &'planation% ) #he A3e $iscrimination in &mployment Act of 1* (A$&A) made it unlawfultodiscriminate a3ainst employees or applicants who are between ;5 and - years of a3e.Subse:uent amendments eliminated the a3e cap, effectively endin3 most mandatoryretirement at a3e -. #he A$&A allows 0ury trials.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




1 ) #he 22222222 re:uires certain federal contractors to ta e affirmative action for disabled persons.A) &:ual 7ay Act

) =ocational <ehabilitation ActC) Americans with $isabilities Act

$) Civil <i3hts ActAnswer% &'planation% ) #he =ocational <ehabilitation Act of 1* 6 re:uires employers with federalcontracts of more than ,-55 to ta e affirmative action in employin3 disabled persons. 8t doesnot re:uire hirin3 un:ualified people. 8t does re:uire an employer to ta e steps to accommodate adisabled wor er unless doin3 so imposes an undue hardship on the employer, which is addressed

by the A$A.$iff% 1Chapter% /b0ective% 1S ill% Concept

?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws1+) Which of the followin3 refers to hi3hly recommended procedures issued by federal a3enciesre3ardin3 employee selection, record eepin3, and preemployment in:uiriesA) 0ob specifications

) employment metricsC) process charts$) uniform 3uidelinesAnswer% $&'planation% $) Uniform 3uidelines are issued by federal a3encies char3ed with ensurin3compliance with e:ual employment federal le3islation e'plainin3 recommended employer

procedures in detail. #hey set forth "hi3hly recommended" procedures re3ardin3 thin3s li eemployee selection, record eepin3, and preemployment in:uiries.$iff% 1Chapter% /b0ective% 1S ill% Concept

+Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



1*) Which of the followin3 does H/# participate in the issuance of uniform 3uidelinesA) $epartment of ?abor

) etter usiness ureauC) $epartment of Dustice$) Civil Service Commission

Answer% &'planation% ) #he &&/C, Civil Service Commission, $epartment of ?abor, and $epartmentof Dustice to3ether issued uniform 3uidelines. #hese set forth "hi3hly recommended" proceduresre3ardin3 thin3s li e employee selection, record eepin3, and preemployment in:uiries. #he

etter usiness ureau is not involved in issuin3 uniform 3uidelines.$iff% 1Chapter% /b0ective% 1S ill% Concept

5) Uniform 3uidelines from the &&/C are recommended for employers to use in mattersre3ardin3 all of the followin3 &>C&7# 22222222.A) employee selection

) record eepin3C) se'ual harassment$) psycholo3ical testin3Answer% $&'planation% $) #he &&/C, Civil Service Commission, $epartment of ?abor, and $epartmentof Dusticeto3ether issue uniform 3uidelines. #hese set forth "hi3hly recommended" procedures re3ardin3thin3s li e employee selection, record eepin3, se'ual harassment, and preemployment in:uiries.#he American 7sycholo3ical Association has its own non le3ally bindin3 Standards for&ducational and 7sycholo3ical #estin3.$iff% Chapter% /b0ective% 1S ill% Concept

*Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



1) Which Supreme Court case was used to define unfair discrimination in con0unction with&&/ lawsA) Brown v. Board of Education

) Griggs v. Duke Power CompanyC) West Coast Hotel Co. v. Parrish

$) !ington "chool District v. "chemppAnswer% &'planation% ) Griggs v. Duke Power Company was a landmar Supreme Court case used todefine unfair discrimination as put forth in &&/ laws such as #itle =88. #he Court ruled thatemployment practices must be 0ob related and that discrimination does not have to be overt to beille3al. Brown v. Board of Education held that se3re3ation in public schools wasunconstitutional.$iff% Chapter% /b0ective% 1S ill% Concept

?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws) 8nGriggs v. Duke Power Company , Eri33s sued the power company because it re:uired coal

handlers to be hi3h school 3raduates. #he Supreme Court ruled in favor of Eri33s because 22222222.A) hi3h school diplomas were not related to success as a coal handler

) $u e 7ower Company intentionally discriminated based on raceC) no business necessity e'isted for $u e 7ower Company$) #itle =88 forbids 0ob testin3Answer% A&'planation% A) #he Court ruled in favor of Eri33s because havin3 a hi3h school diploma wasnot relevant to the 0ob of coal handler. #he Court held that an employment practice must be 0obrelated if it has an une:ual impact on members of a protected class.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




6) 8f a person is in a protected class, he or she is protected by which of the followin3A) $epartment of ?abor 3uidelines

) Sarbanes /'ley ActC) #itle =88 of the Civil <i3hts Act$) Consumer 7rotection Act

Answer% C&'planation% C) #he term protected class refers to persons such as minorities and women whoare protected by e:ual opportunity laws, includin3 #itle =88. Sarbanes /'ley is not an &&/ law.$iff% 1Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

;) All of the followin3 are principles established by Griggs v. Duke Power Company &>C&7# 22222222.

A) burden of proof is on the employer ) performance standards should be unambi3uousC) business necessity is a defense for an e'istin3 pro3ram$) discrimination does not have to be overt to be ille3alAnswer% &'planation% ) #he Court ruled in Griggs v. Duke Power Company that the burden of proof ison the employer to show that a hirin3 practice such as testin3 is 0ob related. #he Court also ruledthat business necessity is the defense for any e'istin3 pro3ram that has adverse impact and thatdiscrimination does not have to be overt to be ille3al. #he case did not address performancestandards.$iff% 6Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

-) Under the principles established by Griggs v. Duke Power Company , 22222222 can be usedas a defense for any e'istin3 pro3ram that has adverse impact.A) occupational :ualification

) business necessityC) affirmative action$) burden of proof Answer% &'planation% ) usiness necessity is the defense for any e'istin3 pro3ram that has adverseimpact accordin3 to Griggs . #he court did not define business necessity.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




) Which court case provided details re3ardin3 how employers could validate the relationship between screenin3 tools and 0ob performanceA) West Coast Hotel Co. v. Parrish

) l!emarle Paper Company v. #oodyC) Griggs v. Duke Power Company

$) Burlington $ndustries v. EllerthAnswer% &'planation% ) 8n the l!emarle case, the Court provided more details on how employers could

prove that tests or other screenin3 tools relate to 0ob performance. !or e'ample, the Court saidthat if an employer wants to test candidates for a 0ob, then the employer should first clearlydocument and understand the 0obGs duties and responsibilities.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

) Under the Civil <i3hts Act of 1**1, once a plaintiff shows disparate impact, who has the burden of provin3 that the challen3ed practice is 0ob relatedA) employee

) employer C) 0ud3e$) &&/CAnswer% &'planation% ) Accordin3 to the Civil <i3hts Act of 1**1, once an a33rieved applicant oremployee demonstrates that an employment practice (such as "must lift 155 pounds") has adisparate (or "adverse") impact on a particular 3roup, then the burden of proof shifts to theemployer, who must show that the challen3ed practice is 0ob related.$iff% 1Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




+) Accordin3 to the Civil <i3hts Act of 1**1, an employee who claims intentionaldiscrimination can sue for all of the followin3 &>C&7# 22222222.A) bac pay

) 0ob reinstatementC) compensatory dama3es

$) substantive consolidationAnswer% $&'planation% $) Accordin3 to the Civil <i3hts Act of 1**1, an employee who claims intentionaldiscrimination can sue for bac pay, attorneysG fees, court costs, 0ob reinstatement, punitivedama3es, and compensatory dama3es. Substantive consolidation is a le3al term referrin3 to debtconsolidation.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

*) <ace, color, reli3ion, se', or national ori3in is a motivatin3 factor in a termination, but theemployee would have been terminated for failure to perform anyway. Which of the followin3most li ely e'ists in this situationA) mi'ed motive

) disparate impactC) liability defense$) burden of proof Answer% A&'planation% A) An unlawful employment practice is established when the complainin3 partydemonstrates that race, color, reli3ion, se', or national ori3in was a motivatin3 factor for anyemployment practice, even thou3h other factors also motivated the practice. Some employers inso called "mi'ed motive" cases had ta en the position that even thou3h their actions werediscriminatory, other factors li e the employeeGs dubious behavior made the 0ob actionacceptable. Under C<A 1**1, an employer cannot avoid liability by provin3 it would have ta enthe same actionIsuch as terminatin3 someoneIeven without the discriminatory motive.$iff% 6Chapter% /b0ective% 1S ill% Application




65) Which of the followin3 re:uires employers to ma e reasonable accommodations for disabledemployeesA) Civil <i3hts Act of 1**1

) Americans with $isabilities Act of 1**5C) =ocational <ehabilitation Act of 1* 6

$) $isability $iscrimination in &mployment Act of 1*Answer% &'planation% ) #he Americans with $isabilities Act (A$A) of 1**5 prohibits employmentdiscriminationa3ainst :ualified disabled individuals. 8t also says employers must ma e "reasonableaccommodations" for physical or mental limitations unless doin3 so imposes an "unduehardship" on the business.$iff% 1Chapter% /b0ective% 1S ill% Concept

?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws61) Accordin3 to the Americans with $isabilities Act, which of the followin3 would beconsidered a disabilityA) homose'uality

) voyeurismC) pyromania$) A8$SAnswer% $&'planation% $) #he A$A specifies conditions that it does not re3ard as disabilities, includin3homose'uality, bise'uality, voyeurism, compulsive 3amblin3, pyromania, and certain disordersresultin3 from the current ille3al use of dru3s. #he &&/CGs position is that the A$A prohibitsdiscriminatin3 a3ainst people with 98=JA8$S.$iff% 1Chapter% 1/b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

1;Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



6 ) Which type of disability accounts for the 3reatest number of A$A claimsA) dru3 related

) mentalC) vision$) hearin3

Answer% &'planation% ) Kental disabilities account for the 3reatest number of A$A claims. Under&&/C A$A 3uidelines, "mental impairment" includes "any mental or psycholo3ical disorder,such as . . . emotional or mental illness." $ru3 related conditions are 3enerally not re3arded asdisabilities.$iff% 1Chapter% /b0ective% 1S ill% Concept

66) Under A$A, those who can carry out the essential functions of the 0ob are nown as whichof the followin3A) protected class

) career anchorsC) staff authorities$) :ualified individualsAnswer% $&'planation% $) #he A$A prohibits discrimination a3ainst :ualified individualsIthose who,with (or without) a reasonable accommodation, can carry out the essential functions of the 0ob.#he individual must have the re:uisite s ills, educational bac 3round, and e'perience to do the

0ob.$iff% 1Chapter% /b0ective% 1S ill% Concept

6;) An employer that ac:uires voice reco3nition software to meet the needs of a blind employeeis most li ely 22222222.A) ma in3 a reasonable accommodation

) fulfillin3 0ob analysis re:uirementsC) identifyin3 essential 0ob functions$) complyin3 with #itle =88 rulesAnswer% A&'planation% A) 8f an employee canGt perform the 0ob as currently structured, the employer mustma e a "reasonable accommodation" unless doin3 so would present an "undue hardship."<easonable accommodation mi3ht include modifyin3 wor schedules, or ac:uirin3 e:uipment orother devices (such as voice reco3nition software) to assist the person.$iff% Chapter% /b0ective% 1S ill% Application

1-Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



6-) Which of the followin3 best e'plains why employers win the ma0ority of A$A casesA) &mployers ma e the necessary reasonable accommodations for employees.

) &mployees fail to prove that their disabilities affect daily livin3 activities.C) Conservative 0ud3es are sympathetic towards most small business owners.$) &mployee attorneys fail to draw connections between #itle =88 and A$A.

Answer% &'planation% ) &mployers traditionally prevailed in almost allI* LIfederal circuit courtA$A decisions. #he U.S. Supreme Court has ruled that a disability must be central to theemployeeGs daily livin3 (not 0ust 0ob).$iff% 6Chapter% /b0ective% 1S ill% Concept

6 ) Which of the followin3 will be the most li ely result of the A$A Amendments Act of 55+A) &mployees will find it easier to prove that their disabilities are limitin3.

) #he number of ma0or life activities considered disabilities will be narrowed.C) &mployers will be re:uired to ma e fewer accommodations for wor ers with disabilities.$) &mployers will be re:uired to hire a specific percenta3e of disabled wor ers to be incompliance.Answer% A&'planation% A) #he new A$AAGs basic effect will be to ma e it much easier for employees toshow that their disabilities are limitin3. !or e'ample, the new act ma es it easier for an employeeto show that his or her disability is influencin3 one of the employeeGs "ma0or life activities." 8tdoes this by addin3 e'amples li e readin3, concentratin3, thin in3, sleepin3, and communicatin3to the list of A$A ma0or life activities.$iff% 6Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

6 ) 8n which of the followin3 situations does se'ual harassment H/# violate #itle =88A) if the conduct substantially interferes with a personGs wor performance

) if the conduct creates an intimidatin3 wor environmentC) if the conduct is motivated by both a3e and 3ender$) if the conduct creates an offensive wor environmentAnswer% C&'planation% C) Under #itle =88, se'ual harassment 3enerally refers to harassment on the basisof se' when such conduct has the purpose or effect of substantially interferin3 with a personGswor performance or creatin3 an intimidatin3, hostile, or offensive wor environment. #hemotivation behind the conduct is not relevant to #itle =88 violations.$iff% 6Chapter% /b0ective% S ill% Concept




6+) #he 22222222 provides that a person who commits a crime of violence motivated by 3endershall be liable to the party in0ured.A) Civil <i3hts Act of 1**1

) !ederal =iolence A3ainst Women Act of 1**;C) 7re3nancy $iscrimination Act

$) =ocational <ehabilitation Act of 1* 6Answer% &'planation% ) #he !ederal =iolence A3ainst Women Act of 1**; provides that a person whocommits a crime of violence motivated by 3ender shall be liable to the party in0ured. #he lawoffers an additional path women can use to see relief for violent se'ual harassment.$iff% 1Chapter% /b0ective% S ill% Concept

6*) Which of the followin3 is H/# a form of se'ual harassment accordin3 to &&/C 3uidelinesA) unwelcome se'ual advances that create an intimidatin3 wor environment

) verbal conduct of a se'ual nature that unreasonably interferes with wor performanceC) physical conduct of a se'ual nature that creates an offensive wor environment$) mutually consensual physical conduct of a se'ual nature between co wor ersAnswer% $&'planation% $) &&/C 3uidelines define se'ual harassment as unwelcome se'ual advances,re:uests for se'ual favors, and other verbal or physical conduct of a se'ual nature that create anintimidatin3, hostile, or offensive wor environment or interfere with wor performance.<e:uests for se'ual favors that are used as the basis for employment decisions are alsoconsidered se'ual harassment. Consensual se' between co wor ers is not considered se'ualharassment.$iff% 6Chapter% /b0ective% S ill% Concept




;5) All of the followin3 are ways for an employee to prove se'ual harassment &>C&7# by provin3 that 22222222.A) the verbal remar s of a co wor er were se'ually flirtatious

) the re0ection of a supervisorGs se'ual advances led to a demotionC) a hostile wor environment was created by a co wor erGs se'ual conversation

$) a hostile wor environment was created by a nonemployeeGs se'ual advancesAnswer% A&'planation% A) #he U.S. Supreme Court held that se'ual harassment law doesnGt cover ordinary"interse'ual flirtation." Someone can prove se'ual harassment if re0ectin3 a supervisorGs se'ualadvances led to a demotion, firin3, or altered wor assi3nment. Se'ual harassment can also be

proven if a hostile wor environment is created by the se'ual conduct of supervisors, co wor ers,or nonemployees.$iff% 6Chapter% /b0ective% S ill% Application

;1) Dudy was up for a promotion at Simpson Consultin3 when her supervisor, Will, encoura3edher to develop a se'ual relationship with him. 9e su33ested that her promotion would be a surethin3 if they were involved. When Dudy declined his advances, Will fired her. Which of thefollowin3 would Dudy most li ely be able to prove in court if she decided to sue SimpsonConsultin3A) hostile environment created by supervisors

) hostile environment created by co wor ersC) disparate treatment$) :uid pro :uoAnswer% $&'planation% $) Muid pro :uo (somethin3 for somethin3) is the most direct way to prove thatre0ectin3 a supervisorGs advances adversely affected what the &&/C calls a "tan3ibleemployment action" such as hirin3, firin3, promotion, demotion, andJor wor assi3nment. Muid

pro :uo would be the best option for Dudy if she sues the firm for WillGs actions.$iff% 6Chapter% /b0ective% S ill% Application

1+Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



; ) Eus is always ma in3 se'ual 0o es at wor . Kany employees find the 0o es funny, butShelley, EusGs e'ecutive assistant, is uncomfortable with the 0o es. &ventually, she decides to:uit her 0ob rather than endure the 0o es any lon3er. What form of se'ual harassment has Shelleye'periencedA) :uid pro :uo

) hostile environment created by supervisorsC) hostile environment created by co wor ers$) hostile environment created by nonemployeesAnswer% &'planation% ) As ShelleyGs supervisor, Eus created a hostile environment accordin3 to the&&/C. A claimant does not need to show that the harassment had tan3ible conse:uences such asdemotion. 8t is sufficient in many cases to prove that a supervisorGs se'ual harassmentsubstantially affected an employeeGs emotional and psycholo3ical abilities.$iff% 6Chapter% /b0ective%

S ill% Application;6) All of the followin3 are ways that an employer can minimi@e liability in se'ual harassmentclaims &>C&7# 22222222.A) informin3 all employees about se'ual harassment investi3ations

) communicatin3 the se'ual harassment reportin3 procedureC) developin3 a clear policy re3ardin3 se'ual harassment$) investi3atin3 se'ual harassment char3es promptlyAnswer% A&'planation% A) &stablishin3 a se'ual harassment policy that clarifies how to report complaintsand investi3atin3 char3es :uic ly are ways that employers can show that they too reasonablecare to prevent and correct se'ual harassment, which will minimi@e liability. Se'ual harassmentinvesti3ations should be conducted privately, and the information should not be made availableto all employees.$iff% 6Chapter% /b0ective% S ill% Concept

1*Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



;;) Sanders Sportin3 Eoods, an international sportin3 3oods chain, is bein3 sued for se'ualharassment by a former Sanders employee. #he plaintiff asserts that she was the victim ofnumerous unwanted se'ual advances from a male co wor er. #he woman claims that SandersGmana3ement condoned a hostile wor environment and that the company is liable for the actionsof the male employee.

Which of the followin3, if true, would best support the plaintiffGs ar3ument that Sanders is liablefor se'ual harassmentA) Sanders re published its se'ual harassment policy twice within the last year.

) #he 9< department at Sanders has records of the plaintiffGs initial complaints.C) Sanders lac s a mana3ement response system for handlin3 se'ual harassment complaints.$) Sanders recently lost a court case filed by former employees who claimed disparate treatment.Answer% C&'planation% C) &mployers can minimi@e their liability in se'ual harassment claims by showin3that they have a response system set up for handlin3 se'ual harassment complaints, so Sandersmay be liable if it lac s a system. !irms that re publish their se'ual harassment policies

fre:uently, eep thorou3h records of complaints, and address se'ual harassment issues durin3e'it interviews are able to show that they too reasonable care to prevent se'ual harassment.$isparate treatment refers to discrimination claims rather than se'ual harassment claims.$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% S ill% Critical #hin in3




;-) Sanders Sportin3 Eoods, an international sportin3 3oods chain, is bein3 sued for se'ualharassment by a former Sanders employee. #he plaintiff asserts that she was the victim ofnumerous unwanted se'ual advances from a male co wor er. #he woman claims that SandersGmana3ement condoned a hostile wor environment and that the company is liable for the actionsof the male employee.

Which of the followin3, if true, would most li ely undermine the plaintiffGs claim that Sanders isliable for the male employeeGs conductA) #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 male employee was re:uired by 9< to participate in a se'ual harassment awarenesscourse.$) #he male employeeGs conduct si3nificantly interfered with the plaintiffGs ability to perform her

0ob.Answer% C&'planation% C) 8f the male employee was re:uired to ta e a se'ual harassment course, then that

action shows Sanders was ma in3 a reasonable attempt to stop the behavior. A hostileenvironment most li ely e'isted if the male employee made threats and daily se'ual advancesthat interfered with the plaintiffGs 0ob performance.$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% S ill% Critical #hin in3




; ) Sanders Sportin3 Eoods, an international sportin3 3oods chain, is bein3 sued for se'ualharassment by a former Sanders employee. #he plaintiff asserts that she was the victim ofnumerous unwanted se'ual advances from a male co wor er. #he woman claims that SandersGmana3ement condoned a hostile wor environment and that the company is liable for the actionsof the male employee.

All of the followin3 are most li ely relevant :uestions to address in this court case &>C&7# 22222222.A) $oes Sanders have a record of employees who claim disparate treatment in the wor place

) $id Sanders ta e reasonable care to prevent se'ual harassment in the wor placeC) $oes Sanders have a policy statement re3ardin3 se'ual harassment$) 8s the male co wor er a U.S. citi@en and is Sanders a U.S. entityAnswer% A&'planation% A) $isparate treatment relates to intentional discrimination, which is not directlyimportant in this case. !irms decrease their liability in se'ual harassment cases if they show thatthey have ta en reasonable care to prevent se'ual harassment throu3h various actions, such as

issuin3 a policy statement. Whether the co wor er is a U.S. citi@en and Sanders is a U.S. entityare important in determinin3 whether &&/ laws are applicable.$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% S ill% Critical #hin in3

; ) /ne of Ale'isG male co wor ers has been ma in3 se'ually su33estive comments to Ale'isabout her clothin3 and her appearance, which ma es Ale'is feel uncomfortable at wor . What isthe first step Ale'is should ta e to address the problemA) filin3 a complaint with the local &&/C office

) filin3 a verbal complaint with the harasserGs bossC) writin3 a letter to the accused$) consultin3 an attorneyAnswer% &'planation% ) #he first step Ale'is should ta e is filin3 a verbal complaint with the harasserand the harasserGs boss. After that, writin3 a letter to the accused and filin3 a report with the 9<director are appropriate actions. !ilin3 a complaint with the &&/C and consultin3 an attorney arethe final steps to ta e if previous efforts have not improved the situation.$iff% 6Chapter% /b0ective% S ill% Application




;+) Which of the followin3 is a true statement re3ardin3 U.S. &&/ laws and internationalemployeesA) U.S. &&/ laws apply to 0obs located outside the U.S. when the employer is a forei3n entityand the employee is a U.S. citi@en.

) U.S. &&/ laws do not apply to 0obs located inside the U.S. when the employer is a forei3n

entity and the employee is a forei3n [email protected]) U.S. &&/ laws apply to forei3n citi@ens in 0obs located outside the U.S. if the employer is aU.S. entity.$) U.S. &&/ laws apply inside the U.S. when the employer is a U.S. entity and the employee is aforei3ner le3ally authori@ed to wor in the U.S.Answer% $&'planation% $) U.S. &&/ laws apply inside the U.S. when the employer is a U.S. entity and theemployee is a forei3ner le3ally authori@ed to wor in the U.S. 8n some cases, U.S. laws may alsoapply to wor ers who are not authori@ed to wor in the U.S. #he laws do not apply to forei3nciti@ens in 0obs outside of the U.S. even when the employer is a U.S. entity.$iff% 6

Chapter% /b0ective% S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

;*) 22222222 e'ists when an employer treats an individual differently because that individual isa member of a particular race, reli3ion, 3ender, or ethnic 3roup.A) $isparate impact

) $isparate treatmentC) Adverse impact$) 7rima facieAnswer% &'planation% ) $isparate treatment means intentional discrimination and "e'ists where anemployer treats an individual differently because that individual is a member of a particular race,reli3ion, 3ender, or ethnic 3roup." $isparate impact means that "an employer en3a3es in anemployment practice or policy that has a 3reater adverse impact (effect) on the members of a

protected 3roup under #itle =88 than on other employees, re3ardless of intent."$iff% 1Chapter% /b0ective% 6S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




-5) Which of the followin3 refers to the overall effect of employer practices that result insi3nificantly hi3her percenta3es of members of protected 3roups bein3 re0ected for employment,

placement, or promotionA) disparate treatment

) disparate impact

C) adverse impact$) prima facieAnswer% C&'planation% C) Adverse impact is the overall effect of employer practices that result insi3nificantly hi3her percenta3es of members of protected 3roups bein3 re0ected for employment,

placement, or promotion. $isparate impact means that employers en3a3e in employment practices that have a 3reater adverse effect on members of a protected 3roup than on otheremployees.$iff% 1Chapter% /b0ective% 6

S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

-1) All of the followin3 are ways that an employee or 0ob applicant can show adverse impact&>C&7# 22222222.A) comparin3 disparate re0ection rates

) holdin3 a fact findin3 conferenceC) utili@in3 population comparisons$) usin3 the standard deviation ruleAnswer% &'planation% ) #he &&/C investi3ates char3es of discrimination and fre:uently holds factfindin3 conferences, so this would not be an option for employees or 0ob applicants. Comparin3disparate re0ection rates, ma in3 population comparisons, and usin3 the standard deviaiton ruleare methods available to employees and applicants tryin3 to show that an employerGs procedureshave an adverse effect on a protected 3roup.$iff% Chapter% /b0ective% 6S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




- ) Which of the followin3 is used by lawyers in disparate impact cases to show intentionaldisparate treatmentA) disparate re0ection rates

) restricted policy approachC) population comparisons

$) Kc$onnell $ou3las testAnswer% $&'planation% $) ?awyers in disparate impact cases use disparate re0ection rates, restricted policyapproaches, and population comparisons to test whether an employerGs policies or actions havethe effect of unintentionally screenin3 out disproportionate numbers of women or minorities.?awyers use the Kc$onnell $ou3las test for showin3 (intentional) disparate treatment, ratherthan (unintentional) disparate impact.$iff% Chapter% /b0ective% 6S ill% Concept

?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws-6) #he formula used by federal a3encies to determine disparate re0ection rates is based on aselection rate for any racial, ethnic, or se' 3roup less than 22222222 percent of the rate for the3roup with the hi3hest rate.A) ;5

) 5C) +5$) 155Answer% C&'planation% C) !ederal a3encies use a ";J-ths rule" to assess disparate re0ection rates% "Aselection rate for any racial, ethnic, or se' 3roup which is less than four fifths or +5L of the ratefor the 3roup with the hi3hest rate will 3enerally be re3arded as evidence of adverse impact,while a 3reater than four fifths rate will 3enerally not be re3arded as evidence of adverseimpact."$iff% 1Chapter% /b0ective% 6S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

-Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



-;) Which of the followin3 tests for adverse impact and involves demonstratin3 that theemployerGs policy either intentionally or unintentionally e'cludes members of a protected 3roupA) Kc$onnell $ou3las test

) !/M approachC) systemic method

$) restricted policyAnswer% $&'planation% $) #he restricted policy approach means demonstratin3 that the employerGs policyintentionally or unintentionally e'cluded members of a protected 3roup. ?awyers use theKc$onnell $ou3las test for showin3 (intentional) disparate treatment, rather than (unintentional)disparate impact.$iff% 1Chapter% /b0ective% 6S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

--) Which of the followin3 involves comparin3 the percenta3e of the minorityJprotected 3roupand white wor ers in an or3ani@ation with the percenta3e of the correspondin3 3roup in the labormar etA) personnel population comparison approach

) restricted policy comparison methodC) population comparisons approach$) Kc$onnell $ou3las testAnswer% C&'planation% C) #he population comparisons approach compares (1) the percenta3e of 9ispanic(or blac or other minorityJprotected 3roup) and white wor ers in the or3ani@ation with ( ) the

percenta3e of the correspondin3 3roup in the labor mar et. #he &&/C usually defines labormar et as the U.S. Census data for that Standard Ketropolitan Statistical Area.$iff% 1Chapter% /b0ective% 6S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




- ) Accordin3 to 22222222, an employer can claim that an employment practice is a bona fideoccupational :ualification for performin3 the 0ob.A) #itle =88 of the 1* ; Civil <i3hts Act

) =ocational <ehabilitation Act of 1* 6C) &'ecutive /rders 11 ; and 116 -

$) 1* &:ual /pportunity ActAnswer% A&'planation% A) An employer can claim that the employment practice is a bona fideoccupational :ualification ( !/M) for performin3 the 0ob accordin3 to #itle =88. #itle =88

provides that "it should not be an unlawful employment practice for an employer to hire anemployee . . . on the basis of reli3ion, se', or national ori3in in those certain instances wherereli3ion, se', or national ori3in is a bona fide occupational :ualification reasonably necessary tothe normal operation of that particular business or enterprise."$iff% Chapter% /b0ective% ;

S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

- ) &mployers primarily use bona fide occupational :ualification ( !/M) as a defense a3ainstchar3es of discrimination based on 22222222.A) reli3ion

) a3eC) 3ender $) nationalityAnswer% &'planation% ) &mployers use !/M mostly as a defense a3ainst char3es of intentionaldiscrimination based on a3e. 9owever, #itle =88 provides that "it should not be an unlawfulemployment practice for an employer to hire an employee . . . on the basis of reli3ion, se', ornational ori3in in those certain instances where reli3ion, se', or national ori3in is a bona fideoccupational :ualification reasonably necessary to the normal operation of that particular

business or enterprise."$iff% Chapter% /b0ective% ;S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




-+) 8n which of the followin3 0obs would 3ender most li ely be appropriate to use as a !/MA) fire fi3hter in a metropolitan fire department

) prison 3uard at a federal penitentiaryC) teacher at a private, all 3irls school$) actor in a toothpaste commercial

Answer% $&'planation% $) Eender may be a !/M for positions li e actor, model, and restroom attendantre:uirin3 physical characteristics possessed by one se'. 9owever, for most 0obs today, itGsdifficult to claim that 3ender is a !/M.$iff% AACS % <eflective thin in3 s illsChapter% /b0ective% ;S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

-*) 7ictures and 7romotions Kodelin3 Studio see s to hire male models for an upcomin3 fashionshow featurin3 menGs wear. #he studio is usin3 22222222 as a 0ustification for not considerin3women for the 0obs.A) A<S

) A$&AC) &&/C$) !/MAnswer% $&'planation% $) An employer can claim that the employment practice is a bona fideoccupational :ualification ( !/M) for performin3 the 0ob. 8n this case, a specific 3ender isnecessary for the 0ob. #he A3e $iscrimination in &mployment Act (A$&A) permits disparatetreatment in cases where a3e is a !/M, which is not the issue in this e'ample.$iff% Chapter% /b0ective% 6, ;S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

+Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



5) Which defense re:uires showin3 that there is an overridin3 company related purpose for adiscriminatory practice and that the practice is therefore acceptableA) prima facie

) business necessityC) adverse impact

$) mi'ed motiveAnswer% &'planation% ) " usiness necessity" is a defense created by the courts that re:uires showin3that there is an overridin3 business purpose for the discriminatory practice and that the practice istherefore acceptable. 8tGs not easy to prove business necessity because the Supreme Court made itclear that business necessity does not encompass such matters as avoidin3 an employerinconvenience, annoyance, or e'pense.$iff% 1Chapter% /b0ective% ;S ill% Concept

?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws1) #he application re:uirements for Western Airlines pilot positions re:uire candidates to have

lo33ed at least 55 hours pilotin3 an aircraft within the previous 6 months. 8n addition,applicants must have ,-55 hours of e'perience in the air with at least 1,555 hours as thecommandin3 pilot of a commercial airplane. A four year colle3e de3ree is also re:uired. DeffSanche@, who is 9ispanic, applied for a position as a pilot and was re0ected because he has ade3ree from a year colle3e and only ,555 hours of fli3ht e'perience. Deff is suin3 WesternAirlines for discriminatory hirin3 practices.

Which of the followin3, if true, best supports Western AirlinesG defenseA) At Western Airlines, turnover is hi3h amon3 minority employees wor in3 as pilots and fli3htattendants.

) <ecent e'periences with colle3e recruitin3 have led Western Airlines to increase the percenta3e of its minority pilots.C) #he total number of hours spent flyin3 a commercial airline is a valid predictor of

performance for most Western Airlines pilots.$) Western Airlines bases its selection tests and hirin3 practices on industry 3uidelines forcommercial pilots.Answer% C&'planation% C) Western AirlinesG best defense involves provin3 that its selection tests or otheremployment practices are valid predictors of performance on the 0ob. Where the employer canestablish such validity, the courts have 3enerally supported usin3 the test or other employment

practice as a business necessity. 8n this e'ample, the number of fli3ht hours is a predictor of 0ob performance. #urnover, recruitin3, and industry 3uidelines are less important factors.$iff% 6Chapter% /b0ective% ;S ill% Critical #hin in3?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

) #he application re:uirements for Western Airlines pilot positions re:uire candidates to have*




lo33ed at least 55 hours pilotin3 an aircraft within the previous 6 months. 8n addition,applicants must have ,-55 hours of e'perience in the air with at least 1,555 hours as thecommandin3 pilot of a commercial airplane. A four year colle3e de3ree is also re:uired. DeffSanche@, who is 9ispanic, applied for a position as a pilot and was re0ected because he has ade3ree from a year colle3e and only ,555 hours of fli3ht e'perience. Deff is suin3 Western

Airlines for discriminatory hirin3 practices.

Which of the followin3 statements is most li ely relevant to this court case a3ainst WesternAirlinesA) Kost pilots at Western Airlines belon3 to labor unions and are involved in collective

bar3ainin3 arran3ements detrimental to the industry.) #he 0ob re:uirements for pilots at Western Airlines are a business necessity due to the human

ris s associated with hirin3 un:ualified applicants.C) #he A3e $iscrimination in &mployment Act prevents firms, such as Western Airlines, fromdiscriminatin3 when a3e is a !/M.$) As a 3lobal firm, Western Airlines can easily establish a prima facie case of discrimination

based on race.Answer% &'planation% ) Commercial pilots put passen3ers at ris if they are un:ualified, so it is a

business necessity for Western Airlines to have what may be discriminatory hirin3 practices. 8nthis e'ample, the 0ob re:uires a hi3h de3ree of s ill, and the economic and human ris s of hirin3an un:ualified applicant are 3reat.$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% ;S ill% Critical #hin in3?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

6) All of the followin3 recruitment practices are potentially discriminatory &>C&7# 22222222.A) spreadin3 information about 0ob openin3s throu3h word of mouth amon3 a firmGs

predominantly 9ispanic wor force) providin3 misleadin3 information to Asian and 8ndian 0ob applicants

C) postin3 help wanted ads that specify youn3, male applicants$) postin3 0ob advertisements only in local newspapersAnswer% $&'planation% $) Ads that specify a3e or 3ender may be problematic, but only postin3 ads inlocal newspapers is acceptable. Usin3 word of mouth to relay information about 0ob openin3s isonly problematic if the wor force is mostly a member of a particular 3roup. 7rovidin3misleadin3 or false information to certain applicants is also potentially discriminatory.$iff% 6Chapter% /b0ective% -S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

;) Which of the followin3 is most li ely an e'ample of a discriminatory selection standard




A) measurin3 a software desi3ner applicantGs nowled3e about a computer lan3ua3e) re:uirin3 a hi3h school teacher applicant to have a four year colle3e de3ree

C) re:uirin3 en3ineer applicants to meet specific hei3ht standards$) as in3 prison 3uard applicants to reveal their arrest recordsAnswer% C

&'planation% C) 8t would most li ely be unlawful to re:uire en3ineers to meet certain hei3htstandards because hei3ht is not related to the 0ob. 8f a 0ob re:uires security clearance, such as a prison 3uard, then it is not discriminatory to as about an applicantGs arrest record. &ducationalre:uirements, physical characteristics, and nowled3e are acceptable selection standards whenthey specifically relate to the 0ob.$iff% 6AACS % &thical understandin3 and reasonin3 abilitiesChapter% /b0ective% -S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

-) What is the most common ne't step in the &&/C enforcement process after a person files anemployment discrimination claimA) #he &&/C either accepts or refers the char3e.

) #he two parties are re:uired to participate in mediation.C) A commission investi3ates the claim in an open meetin3.$) #he employer and &&/C brin3 a civil suit in a federal district court.Answer% A&'planation% A) After a person files an employment discrimination claim, the &&/CGs common

practice is to accept a char3e or orally refer it to a state or local a3ency. An investi3ation,voluntary mediation, and liti3ation may occur after the char3e is accepted.$iff% 6Chapter% /b0ective% S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




) Which of the followin3 refers to an informal meetin3 held early in an &&/C enforcementinvesti3ation that attempts to define issues and determine if settlement is possibleA) voluntary mediation

) fact findin3 conferenceC) collective bar3ainin3

$) mandatory arbitrationAnswer% &'planation% ) &arly in the investi3ation, the &&/C holds an initial fact findin3 conference.#he &&/C calls these "informal meetin3s" for definin3 issues and determinin3 whether thereGs a

basis for ne3otiation. 9owever, the &&/CGs real focus here is often on settlement. 8tsinvesti3ators use the conferences to find wea spots in each partyGs position, which are used to

push for a settlement.$iff% 1Chapter% /b0ective% S ill% Concept

) #he &&/C describes a(n) 22222222 as an informal process in which a neutral third partyassists the opposin3 parties to reach a voluntary, ne3otiated resolution of a char3e ofdiscrimination.A) fact findin3 conference

) voluntary mediationC) mandatory arbitration$) alternative dispute resolutionAnswer% &'planation% ) #he &&/C refers about 15L of its char3es to a voluntary mediationmechanism. #his is "an informal process in which a neutral third party assists the opposin3

parties to reach a voluntary, ne3otiated resolution of a char3e of discrimination."$iff% 1Chapter% /b0ective% S ill% Concept




+) A wor force comprised of two or more 3roups of employees with various racial, 3ender,cultural, handicap, a3e, and reli3ious bac 3rounds is best described as 22222222.A) competitive

) ethnocentricC) 3lobali@ed

$) diverseAnswer% $&'planation% $) $iversity refers to the variety or multiplicity of demo3raphic features thatcharacteri@e a companyGs wor force, particularly in terms of race, se', culture, national ori3in,handicap, a3e, and reli3ion.$iff% 1AACS % Kulticultural and diversity understandin3Chapter% /b0ective% S ill% Concept

*) Which of the followin3 would ?&AS# li ely foster diversity in the wor placeA) chan3in3 the culture throu3h diversity trainin3 education pro3rams) appointin3 a small 3roup of minorities to hi3h profile positions

C) recruitin3 minority members to the board of directors$) usin3 metrics to evaluate diversity pro3ramsAnswer% &'planation% ) #o enism occurs when a company appoints a small 3roup of women orminorities to hi3h profile positions, rather than more a33ressively see in3 full representation forthat 3roup. $iversity is fostered throu3h education, minority participation on the board ofdirectors, and re3ular assessment.$iff% 6AACS % Kulticultural and diversity understandin3Chapter% /b0ective% S ill% Application




5) 8n Bakke v. %egents of the &niversity of California , which of the followin3 claims was made by Allen a eA) se'ual harassment

) racial discriminationC) reverse discrimination

$) affirmative actionAnswer% C&'planation% C) #he case serves as an e'ample of reverse discrimination. 8n Bakke v. %egents ofthe &niversity of California (1* +), the University of California at $avis Kedical School deniedadmission to white student Allen a e, alle3edly because of the schoolGs affirmative action:uota system, which re:uired that a specific number of openin3s 3o to minority applicants. 8n a- to ; vote, the U.S. Supreme Court struc down the policy that made race the only factor inconsiderin3 applications for a certain number of class openin3s and thus allowed a eGsadmission.$iff% Chapter%

/b0ective% S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

1) 7rimarily due to an increased awareness of se'ual harassment and se'ual discriminationissues, e:ual opportunity related lawsuits a3ainst employers are very rare.Answer% !A?S&&'planation% &:ual opportunity related lawsuits int he wor place occur on a daily basis, despiteincreased awareness of se'ual harassment and discrimination issues.$iff% Chapter% /b0ective% S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

) #he 16th Amendment to the U.S. Constitution states, "no person shall be deprived of life,liberty, or property, without due process of the law."Answer% !A?S&&'planation% #he 16th 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% 1Chapter% /b0ective% 1S ill% Concept

6;Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



6) #he 1;th Amendment to the U.S. Constitution led to the establishment of the &&/C.Answer% !A?S&&'planation% #itle =88 of the 1* ; Civil <i3hts Act established the &:ual &mployment/pportunity Commission to administer and enforce the Civil <i3hts law at wor .$iff% 1

Chapter% /b0ective% 1S ill% Concept

;) #itle =88 of the 1* ; Civil <i3hts Act bars discrimination on the part of most employers,includin3 all public or private employers of 1- or more persons.Answer% #<U&&'planation% #itle =88 bars discrimination on the part of most employers, includin3 all public or

private employers of 1- or more persons, all private and public educational institutions, thefederal 3overnment, and state and local 3overnments.$iff% 1Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

-) #he &&/C receives and investi3ates 0ob discrimination complaints from a33rievedindividuals.Answer% #<U&&'planation% #he &:ual &mployment /pportunity Commission receives and investi3ates 0obdiscrimination complaints from a33rieved individuals. When the &&/C finds reasonable causethat the char3es are 0ustified, it attempts (throu3h conciliation) to reach an a3reement. 8f thisfails, it can 3o to court.$iff% 1Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

) /nly an a33rieved individual can file 0ob discrimination char3es a3ainst a business.Answer% !A?S&&'planation% #he &&/C may file discrimination char3es on behalf of a33rieved individuals, orthe individuals may file on behalf of themselves.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

6-Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



) #he A3e $iscrimination in &mployment Act of 1* ma es it unlawful to discriminatea3ainst employees of federal, state, and local a3encies who are between ;5 and - years of a3eBhowever, the law does not apply to private businesses.Answer% !A?S&&'planation% #he A3e $iscrimination in &mployment Act of 1* (A$&A) made it unlawful to

discriminate a3ainst employees or applicants who are between ;5 and - years of a3e. A$&Aapplies to all employers not 0ust 3overnment a3encies.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

+) 8n '(Connor v. Consolidated Coin Caterers Corp. , the Supreme Court held that an employeewho is over ;5 may sue for discrimination if he or she is replaced by a "si3nificantly youn3er"employee, even if the replacement is also over ;5.Answer% #<U&&'planation% Nou canGt 3et around the A$&A by replacin3 employees over ;5 years of a3e withthose who are also over ;5. 8n '(Connor v. Consolidated Coin Caterers Corp ., the U.S. SupremeCourt held that an employee who is over ;5 years of a3e mi3ht sue for discrimination if a"si3nificantly youn3er" employee replaces him or her, even if the replacement is also over ;5.#he Court didnGt specify what "si3nificantly youn3er" meant, but /GConnor had been replaced bysomeone 1 years youn3er.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

*) 8f a business offers its employees disability covera3e, then pre3nancy and childbirth must betreated li e any other disability and included in the plan as a covered condition.Answer% #<U&&'planation% #he 7re3nancy $iscrimination Act of 1* + prohibits usin3 pre3nancy, childbirth,or related medical conditions to discriminate in hirin3, promotion, suspension, or dischar3e, or inany term or condition of employment. !urthermore, under the act, if an employer offers itsemployees disability covera3e, then it must treat pre3nancy and childbirth li e any otherdisability, and include it in the plan as a covered condition.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




+5) #itle =88 forbids the testin3 or screenin3 of 0ob applicants because testin3 systematicallydiscriminates a3ainst certain protected classes.Answer% !A?S&&'planation% #he Supreme Court ruled that an employment practice, such as testin3, must be 0obrelated if it has an une:ual impact on members of a protected class. #itle =88 does not forbid

testin3 or screenin3 0ob applicants but it re:uires that the testJscreen is relevant to performin3 the 0ob.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

+1) #he Civil <i3hts Act of 1**1 ma es it more difficult for plaintiffs to sue for monetarydama3es in cases of disparate treatment.Answer% !A?S&&'planation% C<A 1**1 ma es it easier to sue for money dama3es in cases of disparatetreatment or intentional discrimination. C<A 1**1 provides that an employee who is claimin3intentional discrimination can as for both compensatory dama3es and punitive dama3es.$iff% Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

+ ) #he Americans with $isabilities Act of 1**5 does not list specific disabilities but providesimpairment 3uidelines instead.Answer% #<U&&'planation% #he A$A does not list specific disabilities. 8nstead, &&/C 3uidelines say someoneis disabled when he or she has a physical or mental impairment that "substantially limits" one ormore ma0or life activities. 8mpairments include any physiolo3ical disorder or condition, cosmeticdisfi3urement, or anatomical loss affectin3 one or more of several body systems, or any mentalor psycholo3ical disorder.$iff% 1Chapter% /b0ective% 1S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




+ ) #o prove se'ual harassment, it is necessary to show that the harassment had tan3ibleconse:uences such as demotion or termination.Answer% !A?S&&'planation% 8n Burlington $ndustries v. Ellerth , the employee accused her supervisor of )uid

pro )uo harassment. She said her boss propositioned and threatened her with demotion if she did

not respond. 9e did not carry out the threats, and she was promoted. #herefore, in )uid pro )uo cases it is not necessary for the employee to suffer a tan3ible 0ob action (such as a demotion) towin the case.$iff% Chapter% /b0ective% S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

++) <eserach indicates that more women than men find socio se'ual behaviors at wor to beflatterin3 rather than offensive.

Answer% !A?S&&'planation% A study found that about four times as many men as women who had e'perienced potentially harassment type behaviors at wor found the behavior flatterin3 or beni3n. Womentend to view a broader ran3e of socio se'ual behaviors (touchin3, for instance) as harassin3.$iff% Chapter% /b0ective% S ill% Concept

+*) Under the Civil <i3hts Act of 1**1, disparate impact claims re:uire proof of discriminatoryintent.Answer% !A?S&&'planation% $isparate impact means that an employer en3a3es in an employment practice or

policy that has a 3reater adverse impact (effect) on the members of a protected 3roup under #itle=88 than on other employees, re3ardless of intent.$iff% Chapter% /b0ective% 6S ill% Concept

*5) #he Kc$onnell $ou3las test is a procedure used by federal a3encies to assess disparateimpact.Answer% !A?S&&'planation% ?awyers use the Kc$onnel $ou3las test for showin3 disparate treatment insteadof disparate impact. #he ;J-ths rule is used by federal a3encies to assess disparate re0ection rates.$iff% 1Chapter% /b0ective% 6S ill% Concept

6*Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



*1) #he restricted policy approach involves demonstratin3 that an employerGs hirin3 practiceseither intentionally or unintentionally e'clude members of a protected 3roup.Answer% #<U&&'planation% #he restricted policy approach means demonstratin3 that the employerGs policyintentionally or unintentionally e'cluded members of a protected 3roup. 9ere the problem is

usually obviousIsuch as policies a3ainst hirin3 bartenders less than si' feet tall. &vidence ofrestricted policies such as these is enou3h to prove adverse impact and to e'pose an employer toliti3ation.$iff% 1Chapter% /b0ective% 6S ill% Concept

* ) Shippers &'press is accused of adverse impact on a protected 3roup. +5L of all maleapplicants are hired but only -5L of female applicants are hired. Usin3 the formula for disparatere0ection rates, adverse impact cannot be shown.

Answer% !A?S&&'planation% A selection rate for any racial, ethnic, or se' 3roup which is less than four fifths or+5L of the rate for the 3roup with the hi3hest rate will 3enerally be re3arded as evidence ofadverse impact, while a 3reater than four fifths rate will 3enerally not be re3arded as evidence ofadverse impact. 8n this e'ample, Shippers &'press hires +5L of male applicants, but only -5L offemale applicants. !our fifths of +5L would be ;L. Since -5L is less than ;L, adverseimpact e'ists.$iff% 6Chapter% /b0ective% 6S ill% Application

*6) Utili@ation analysis compares the percenta3e of minority employees at a firm with thenumber of similarly trained minorities available in the relevant labor mar et.Answer% #<U&&'planation% #he process of comparin3 the percenta3e of minority employees in a 0ob (or 0obs)at the company with the number of similarly trained minority employees available in the relevantlabor mar et is utili@ation analysis.$iff% Chapter% /b0ective% 6S ill% Concept?earnin3 /utcome% $escribe effective interviewin3 techni:ues

;5Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



*;) &mployers fre:uently use a bona fide occupation :ualification as a defense a3ainst char3esof intentional discrimination based on 3ender rather than factors such as a3e or reli3ion.Answer% !A?S&&'planation% 8n most cases, employers use !/M as a defense a3ainst char3es of intentionaldiscrimination based on a3e. !/M is not a common defense in char3es re3ardin3 reli3ion or

3ender.$iff% Chapter% /b0ective% ;S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

*-) #he A3e $iscrimination in &mployment Act prohibits the use of a3e as a !/M for any typeof employment.Answer% !A?S&&'planation% #he A3e $iscrimination in &mployment Act (A$&A) permits disparate treatment

in those instances when a3e is a !/M. !or e'ample, a3e is a !/M when the !ederal AviationA3ency sets a compulsory retirement a3e of - for commercial pilots or when actors need to beyouthful or elderly to play specific roles.$iff% Chapter% /b0ective% ;S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

* ) Under no circumstances may reli3ion be used as a bona fide occupational :ualification( !/M).Answer% !A?S&&'planation% <eli3ion may be a !/M in reli3ious or3ani@ations or societies that re:uireemployees to share their particular reli3ion. !or e'ample, reli3ion may be a !/M when hirin3

persons to teach in a reli3ious school.$iff% Chapter% /b0ective% ;S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




* ) Accordin3 to federal laws, as in3 0ob candidates about their marital status is not ille3alBhowever, a firm needs to be able to defend the practice as a !/M to avoid raisin3discrimination issues.Answer% #<U&&'planation% 8t isnGt ille3al to as a 0ob candidate about her marital status althou3h such a

:uestion mi3ht seem discriminatory. &mployers can as but they should be prepared to showeither that they do not discriminate or that they can defend the practice as a !/M or businessnecessity.$iff% Chapter% /b0ective% -S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

*+) Courts have ruled that educational :ualifications are ille3al when the :ualifications are not 0ob related.

Answer% #<U&&'planation% Courts have found educational :ualifications to be ille3al when minority 3roupsare less li ely to possess the educational :ualifications and such :ualifications are also not 0obrelated.$iff% Chapter% /b0ective% -S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

**) Accordin3 to the ?illy ?edbetter !air 7ay Act, employees must file pay discriminationclaims within 5 days after the alle3ed incident occurred or a claim cannot be filed.Answer% !A?S&&'planation% #he U.S. Supreme Court, in *ed!etter v. Goodyear +ire , %u!!er Company- heldthat employees claimin3 #itle =88 pay discrimination must file their claims within 1+5 days ofwhen they first receive the alle3edly discriminatory pay. Con3ress then passed, and 7resident/bama si3ned, the ?illy ?edbetter !air 7ay Act into law. &mployees can now file such claimsanytime, as lon3 theyGre still receivin3 an "infected" paychec .$iff% 1Chapter% /b0ective% 1S ill% Concept?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




155) Alternative dispute resolution is a 3rievance procedure that provides for non bindin3arbitration in employment discrimination claims.Answer% !A?S&&'planation% Alternative dispute resolution or A$< pro3rams are 3rievance procedures that

provide bindin3 arbitration in &&/ lawsuits.

$iff% 1Chapter% /b0ective% S ill% Concept

151) Kana3in3 diversity means ma'imi@in3 diversityGs potential advanta3es while minimi@in3the potential hindrances of diversity that can undermine a firmGs performance.Answer% #<U&&'planation% $iversity mana3ement means ma'imi@in3 diversityGs potential benefits such as3reater cultural awareness and broader lan3ua3e s ills. 8n addition, diversity mana3ementminimi@es potential barriers such as pre0udice and bias that can undermine a companyGs

performance.$iff% 1AACS % Kulticultural and diversity understandin3Chapter% /b0ective% S ill% Concept

15 ) What is the si3nificance of #itle =88 What has been the effect of #itle =88 on the modernwor force and diversity mana3ementAnswer% #itle =88 bars discrimination on the part of most employers, includin3 all public or

private employers of 1- or more persons. 8t also covers all private and public educationalinstitutions, thefederal 3overnment, and state and local 3overnments. 8t bars public and private employmenta3encies from failin3 or refusin3 to refer for employment any individual because of race, color,reli3ion, se', or national ori3in. #itle =88 also established the &:ual &mployment /pportunityCommission (&&/C) to administer and enforce the Civil <i3hts law at wor . #he chan3es

brou3ht about by #itle =88 as well as demo3raphic chan3es and 3lobali@ation have altered themodern wor force. White males no lon3er dominate the labor force, and women and minoritiesrepresent the lionGs share of labor force 3rowth over the near future. !urthermore, 3lobali@ationre:uires employers to hire minority members with the cultural and lan3ua3e s ills to deal withcustomers abroad. Kana3in3 diversity means ma'imi@in3 diversityGs potential benefits (3reatercultural awareness, and broader lan3ua3e s ills, for instance) while minimi@in3 the potential

barriers (such as pre0udices and bias) that can undermine the companyGs performance. ?e3allycompulsory actions can reduce some blatant diversity barriers, ta in3 a diverse wor force and

blendin3 it into a close nit and productive one re:uires more.$iff% 6AACS % Analytic S illsChapter% /b0ective% 1, S ill% Synthesis?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




156) What were the three crucial 3uidelines affectin3 e:ual employment le3islation that ChiefDustice ur3er identified in his written opinion on Griggs v. Duke Power CompanyAnswer% !irst, discrimination by the employer need not be overt. #he employer does not have to

be shown to have intentionally discriminated a3ainst the employee or applicant. 8t need onlyshow that discrimination did ta e place. Second, an employment practice must be 0ob related if it

has an une:ual impact on members of a protected class. #hird, the burden of proof is on theemployer to show that the hirin3 practice is 0ob related.$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% 1S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

15;) 8n a brief essay, describe how the A$A Amendments Act of 55+ affects both employersand employees.Answer% #he era in which employers prevail in most A$A claims probably ended Danuary 1,

55*. /n that day, the A$A Amendments Act of 55+ (A$AAA) became effective. #he &&/Chad been interpretin3 the A$AGs "substantially limits" phrase very narrowly. #he new A$AAAGs

basic effect will be to ma e it much easier for employees to show that their disabilities arelimitin3. !or e'ample, the new act ma es it easier for an employee to show that his or herdisability is influencin3 one of the employeeGs "ma0or life activities." 8t does this by addin3e'amples li e readin3,concentratin3, thin in3, sleepin3, and communicatin3 to the list of A$Ama0or life activities. As another e'ample, under the new act, an employee will be considereddisabled even if he or she has been able to control his or her impairments throu3h medical or"learned behavioral" modifications. #he bottom line is that employers will henceforth have toredouble their efforts to ma e sure theyGre complyin3 with the A$A and providin3 reasonableaccommodations$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% 1S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

;;Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



15-) What are the three primary ways that an individual can prove se'ual harassment Hame anddescribe each one in a brief essay.Answer% #he three main ways an employee can prove se'ual harassment is :uid pro :uo, hostileenvironment created by supervisors, or hostile environment created by co wor ers ornonemployees. 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 ine'chan3e for se'ual advances, if an offensive wor environment is created, se'ual harassmenthas occurred. !urther, advances do not have to be made by the personGs supervisor in order to:ualify as se'ual harassment. An employeeGs co wor er or customers can cause the employer to

be held responsible for se'ual harassment. &&/C 3uidelines state that an employer is liable forthe se'ually harassin3 acts of its nonsupervisor employees if the employer new or should have

nown of the harassin3 conduct.$iff% 6Chapter% /b0ective% S ill% Application

?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws15 ) What are the two primary ar3uments available to employers when defendin3 a3ainst se'ualharassment liability What two defenses are available to employers fi3htin3 discriminatory

practice alle3ationsAnswer% An employer must show that it e'ercised reasonable care to prevent and correct

promptly any se'ually harassin3 behavior. <easonable care can be shown throu3h stron3 se'ualharassment policies, trainin3 mana3ers and employees re3ardin3 their responsibilities forcomplyin3 with these policies, institutin3 reportin3 processes, investi3atin3 char3es promptly,and ta in3 corrective action promptly. Second, the employer can demonstrate that the plaintiff"unreasonably failed to ta e advanta3e of any preventive or corrective opportunities provided bythe employer." #he employeeGs failin3 to use formal or3ani@ational reportin3 systems satisfiesthe second component. When defendin3 a3ainst discriminatory practice alle3ations, an employercan claim that the employment practice is a bona fide occupational :ualification for performin3the 0ob. #he other option is showin3 that the practice is a business necessity, which re:uiresshowin3 that there is an overridin3 business purpose for the discriminatory practice and that the

practice is therefore acceptable.$iff% 6Chapter% /b0ective% , ;S ill% Synthesis?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

;-Copyri3ht 4 516 7earson &ducation, 8nc. publishin3 as 7rentice 9all



15 ) What steps can an employee ta e to address the problem of se'ual harassment in the wor placeAnswer% &mployees can ta e the followin3 - steps. !irst, employees can file a verbal complaintor protest with the harasser and the harasserGs boss statin3 that the unwanted overtures shouldcease 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 herfeelin3s and what dama3e the writer thin s has been done, and states tat he or she would li e tore:uest that the future relationship be on a purely professional basis. #his letter should bedelivered in person with a witness. #hird, if the unwelcome conduct does not cease, verbal andwritten reports should be filed re3ardin3 the unwelcome conduct and unsuccessful efforts to 3etit to stop. #hese reports should be filed with the harasserGs mana3er andJor the human resourcedirector. !ourth, if the letters and appeals do not suffice, the accuser should turn to the localoffice of the &&/C to file a claim. !ifth, if the harassment is of a serious nature, the employeecan also consult an attorney about suin3 the harasser for assault and battery, intentional inflictionof emotional distress, and in0unctive relief and to recover compensatory and punitive dama3es.$iff% 6

Chapter% /b0ective% S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

15+) Compare and contrast disparate treatment and disparate impact.Answer% $isparate treatment means intentional discrimination. 8t e'ists where an employertreats an individual differently because that individual is a member of a particular race, reli3ion,3ender, or ethnic 3roup. $isparate impact means that an employer en3a3es in an employment

practice or policy that has a 3reater impact on the members of a protected 3roup under #itle =88than on other employees, re3ardless of intent. $isparate treatment re:uires findin3 intent todiscriminate while disparate impact claims do not re:uire proof of discriminatory intent.$iff% 6Chapter% /b0ective% 6S ill% Application?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




15*) What are uniform 3uidelines 9ow do uniform 3uidelines relate to discriminatoryemployment practices involvin3 educational :ualifications and testin3Answer% #he &&/C, Civil Service Commission, $epartment of ?abor, and $epartment ofDustice to3ether issued uniform 3uidelines. #hese set forth "hi3hly recommended" proceduresre3ardin3 thin3s li e employee selection, record eepin3, and preemployment in:uiries. As an

e'ample, they specify that employers must validate any employment selection devices (li e tests)that screen out disproportionate numbers of women or minorities. And they e'plain how tovalidate a selection device. Courts have found educational :ualifications to be ille3al when (1)minority 3roups are less li ely to possess the educational :ualifications (such as a hi3h schoolde3ree) and ( ) such :ualifications are also not 0ob related. 9owever, there may be 0obs of coursefor which educational re:uirements (such as colle3e de3rees for pilot candidates) are a necessity.Courts deem tests unlawful if they disproportionately screen out minorities or women and theyare not 0ob related. Accordin3 to former Chief Dustice ur3er,"Hothin3 in the O#itle =88P act

precludes the use of testin3 or measurin3 proceduresB obviously they are useful. What Con3resshas forbidden is 3ivin3 thesedevices and mechanisms controllin3 force unless they are demonstratin3 a reasonable measure of

0ob performance."$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% 1, -S ill% Synthesis?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws

115) 9ow can mana3ers help firms avoid claims of discrimination What laws are especiallyimportant for mana3ers to understand in order to avoid tri33erin3 discrimination claimsAnswer% #he human resource mana3er certainly plays a bi3 role in helpin3 the company avoiddiscriminatory practices li e these, but at the end of the day, the first line supervisor usuallytri33ers the problem. Kana3ers need to understand the :uestions that can and cannot be as edwhen interviewin3 applicants, and now what constitutes se'ual harassment, and how e:ualemployment opportunity law affects all human resources decisions, includin3 those relatin3 toappraisal, compensation, promotions, disciplinary procedures, and employee dismissals. !irst,mana3ers should understand the &:ual 7ay Act of 1* 6, which states it is unlawful todiscriminate in pay on the basis of se' when 0obs involve e:ual wor B re:uire e:uivalent s ills,effort, and responsibilityB and are performed under similar wor in3 conditions. Kana3ers shouldalso understand the A3e $iscrimination in &mployment Act of 1* (A$&A), which made itunlawful to discriminate a3ainst employees or applicants who are between ;5 and - years ofa3e. Noun3er mana3ers may have to especially 3uard a3ainst a3eist pre0udices and assumin3 thatyoun3er wor ers are better :ualified than older wor ers.$iff% 6AACS % <eflective thin in3 s illsChapter% /b0ective% 1, -S ill% Synthesis?earnin3 /utcome% Summari@e the nature and effects of e:ual employment opportunity laws




111) Kana3ers serve a si3nificant role in establishin3 the environment of a wor place. 9ow canmana3ers discoura3e se'ual harassment 9ow can mana3ers encoura3e inclusion in a diversewor forceAnswer% Kana3ers can actively discoura3e se'ual harassment throu3h a number of methods.!irst, mana3ers should ta e all complaints about harassment seriously and issue a stron3 policy

statement condemnin3 such behavior. #he policy should clearly describe the prohibited conduct,assure protection a3ainst retaliation, describe a complaint process that provides confidentiality,and provide accessible avenues of complaint and prompt, thorou3h, impartial investi3ation andcorrective action. Kana3ers should ta e steps to prevent se'ual harassment from occurrin3, suchas communicatin3 to employees that the employer will not tolerate se'ual harassment, and ta eimmediate action when someone complains. 8n order to encoura3e an atmosphere of inclusion ina diverse wor force, mana3ers should learn about other cultures and 3roups and facilitateinteractions between employees from different bac 3rounds. Kana3ement diversity involves

providin3 stron3 leadership, assessin3 the situation, providin3 diversity trainin3 and education,chan3in3 culture and mana3ement systems, and evaluatin3 the diversity mana3ement pro3ram.$iff% 6

AACS % <eflective thin in3 s illsChapter% /b0ective% , S ill% Synthesis?earnin3 /utcome% $escribe effective interviewin3 techni:ues

Chapter 02 Dessler

Documents

Transcript of Chapter 02 Dessler