Multiple Choice

1. In the past few years, about _____ discrimination complaints were filed with the Equal Employment Opportunity
Commission.
a. 90,000
b. 500,000
c. 950
d. 10,000
ANSWER: a

2. The first step in the legal process is for some legislative body to:
a. get sued
b. receive a complaint
c. pass a law
d. take a vote
ANSWER: c

3. If a law is passed at the federal level, states may pass laws that _____ the rights granted in the federal law, states may
not pass laws that will _____ the rights granted in the federal law.
a. diminish / expand
b. expand / change
c. diminish / change
d. expand / diminish
ANSWER: d

4. In which of the following ADR methods does a neutral third-party make a decision that both sides must abide by?
a. Binding arbitration
b. Nonbinding arbitration
c. Mediation
d. Negotiation
ANSWER: a

5. The EEOC usually handles alleged violations of:

a. state laws
b. federal laws
c. county laws
d. none of these
ANSWER: b

6. In order for a case of discrimination to be investigated by the EEOC, the complaint must be filed
within _____ days of the discriminatory act.
a. 120
b. 140
c. 160
d. 180
ANSWER: d

7. According to the Lilly Ledbetter Fair Pay Act, an employee filing a discrimination complaint with the EEOC regarding
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pay discrimination, has 180 days from when she:
a. was hired
b. received her last pay check
c. was told of her salary
d. discovered she was underpaid
ANSWER: b

8. When the courts make a decision, the decision becomes:

a. final
b. moot
c. case law
d. a statute
ANSWER: c

9. _______ is a judicial interpretation of a law and is important because it establishes a precedent for future cases.
a. A statute
b. Case law
c. A briefing
d. A sanction
ANSWER: b

10. Based on the Civil Rights Acts of 1866, 1964, and 1991 as well as the 14th Amendment, it is illegal to discriminate
against a person based on race. According to Congress, all of the following are protected races except:
a. African Americans
b. Asian Americans
c. Native American Indians
d. all three of these are protected races
ANSWER: d

11. The "equal protection" clause of the Fourteenth Amendment mandates that no state may deny a person equal
protection under the law. Because any suite filed under the Fourteenth Amendment must demonstrate ______, it is not
often used.
a. intent
b. past discrimination
c. equal protection
d. due process
ANSWER: a

12. The 1964 Civil Rights Act (Title VII) and its 1972 and 1991 amendments cover:
a. unintentional discrimination
b. race, color, sex, religion, national origin
c. companies with 15 or more people
d. all of these
ANSWER: d

13. Unlike the Fourteenth Amendment, for an employment practice to be potentially illegal under the Civil Rights Act, the
discrimination does not have to:

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 a. be continuous
b. be intentional
c. effect large groups
d. show past discrimination
ANSWER: b

14. The Civil Rights Act has also been interpreted by the courts to cover such issues as sexual harassment, age
harassment, and race harassment. These issues are related to the organization's:
a. structure
b. hiring practices
c. atmosphere
d. policies
ANSWER: c

15. In the 1989 case of Walker v. Secretary of the Treasury, a district court found that a darker skinned black illegally
fired a lighter skinned black employee. Which of the following protected classes were at issue in this case?
a. Age
b. Disability
c. Race
d. Color
ANSWER: d

16. “English only” requirements at work are:

a. always illegal
b. always legal
c. are legal if they are job related
d. legal if most of employees only speak English
ANSWER: c

17. All employees at Wally World Amusement Park are required to work on weekends because that is when 80% of the
customers visit the park. Alex likes to go to church on Sunday morning and asks that he not have to work on Sunday.
Must the park accommodate his request?
a. Yes, religious accommodations must always be make
b. No, because going to church in the morning is a preference and he can go in the evening
c. No, private sector organizations are not required to accommodate days of worship
d. Yes, preferences for days and time of worship are protected
ANSWER: b

18. It is illegal to use an individual's religion in an employment decision unless the nature of the job involves:
a. national security
b. religion
c. the public sector
d. the private sector
ANSWER: b

19. In determining if an employment decision is legal, the first question to ask is "does the employment practice directly
refer to a member of a federally protected class? Which of the following is NOT a federally protected class?

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 a. Sexual orientation
b. Religion
c. Color
d. All are protected classes
ANSWER: a

20. The Age Discrimination in Employment Act (ADEA) forbids an employer from discriminating against an individual
over the age of:
a. 35
b. 40
c. 45
d. 50
ANSWER: b

21. Which of the following is not an important factor in filing a complaint of age discrimination?
a. you are at least 40
b. a younger person was hired to replace you
c. you were a good employee
d. all three are important factors
ANSWER: d

22. The _______ is thought to be the most important piece of employment legislation since the 1964 Civil Rights Act.
a. Sexual Preference Fairness Act
b. Equal Pay Act
c. Americans with Disabilities Act
d. Vietnam-Era Veterans Readjustment Act
ANSWER: c

23. Though Congress did not provide a list of disabilities, it did define disability in part as "having a record of such
impairment." Which of the following "disabilities" would qualify under this part of the definition?
a. blindness
b. severe burns
c. asthma
d. recovering alcoholics
ANSWER: d

24. Though Congress did not provide a list of disabilities, it did define disability in part as "being regarded as having such
an impairment." Which of the following "disabilities" would qualify under this part of the definition?
a. blindness
b. severe burns
c. asthma
d. recovering alcoholics
ANSWER: b

25. If a disability keeps a person from performing the _______ of a job, the person does not have to be hired or retained.
a. marginal functions
b. essential functions
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 c. remote functions
d. standard functions
ANSWER: b

26. Nagy Industries is considering reserving the best parking spots for employees who are 7 months pregnant. Is this
legal?
a. No, giving preference would violate the Pregnancy Discrimination Act
b. No, pregnancy can not be treated better than other short term disabilities
c. Yes, pregnancy can be treated better than other short term disabilities
d. Yes, the Pregnancy Discrimination Act requires companies to provide accommodations
ANSWER: c

27. If a job can only be performed by a person in a particular class, the requirement is considered:
a. a BFOQ
b. restrictive
c. discriminatory
d. to be none of these three choices
ANSWER: a

28. The courts have clearly ruled that a customer's satisfaction and/or preference ________ used to determine if a job
requirement is a BFOQ.
a. should be
b. must be
c. cannot be
d. the courts haven't ruled on this issue
ANSWER: c

29. _______ means a particular employment decision results in negative consequences more often for members of one
protected group than for another.
a. Adverse impact
b. Bad faith dealings
c. Disparate treatment
d. Bona fide occupational qualification
ANSWER: a

30. Which of the following can establish practical significance for adverse impact?
a. Standard deviation test
b. Four-fifths rule
c. McDonnell Douglas standards
d. Chi-square analysis
ANSWER: b

31. For adverse impact to have practical significance, the minority selection ratio must be less than ____ percent of the
majority selection ratio.
a. 50
b. 30
c. 80

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 d. 75
ANSWER: c

32. If ____ White applicants and ____ Black applicants were hired, adverse impact would occur.
a. 35 of 50 / 12 of 20
b. 15 of 50 / 2 of 25
c. 12 of 24 / 11 of 25
d. 12 of 20 / 35 of 50
ANSWER: b

33. An employment practice resulting in adverse impact may still be legal as long as:
a. the test used was job related
b. there was no intent to discriminate
c. neither of the two options is true
d. both of the options are true
ANSWER: a

34. Based on the material presented in your text, which of the following is NOT an exception to the requirement of
determining that an employment practice is job related?
a. National security
b. Bona fide seniority system
c. Veteran's preference rights
d. All three of these are exceptions
ANSWER: d

35. Which of the following types of harassment are NOT illegal?

a. Age
b. Sexual
c. Racial
d. All three types are illegal
ANSWER: d

36. A supervisor offering a promotion in exchange for sex would fall under the ______ form
of sexual harassment.

a. BFOQ
b. quid pro quo
c. sine quo non
d. hostile environnent
ANSWER: b

37. In a quid pro quo case of sexual harassment, ____ sexual advance(s) must have been made.
a. two
b. no
c. one
d. at least three
ANSWER: c
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38. Asking a coworker out on a date is sexual harassment if:
a. he/she is not interested
b. the request is made several times
c. both options must occur
d. either of the two options occurs
ANSWER: c

39. Which of the following components of a sexual harassment policy would be illegal?
a. All complaints must be investigated
b. The punishment must be severe
c. Complaints must be kept confidential
d. All of three are legal and good policy
ANSWER: b

40. Sexual harassment results in:

a. decreased productivity
b. increased absenteeism
c. increased turnover
d. all of these are results
ANSWER: d

41. Employees using FMLA must:

a. be given paid leave
b. have at least 5 years of tenure
c. give 30 days notice when possible
d. all three of these are true
ANSWER: c

42. Jean is the 2nd highest paid employee at Reilly, Inc. She has worked there 3 years and wants to take 4 weeks of unpaid
leave to have a baby. She gave the company 45 days notice but they rejected her request. Under the FMLA, the company
can do this because she:
a. is a key employee
b. hasn't worked at the company long enough
c. asked for too much leave
d. did not give the required amount of notice
ANSWER: a

43. There are several affirmative action strategies an employer could use. If an employer advertised in magazines and
newspapers with a minority readership, it would be using which of the following strategies?
a. Identification of discriminatory practices
b. Preferential hiring and promotion of minorities
c. Recruitment of minority applicants
d. Recruiting through employee referrals
ANSWER: c

44. Which of the affirmative action strategies would involve an employer changing the company policy or the way an
organization is decorated?
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 a. Identification of discriminatory practices
b. Preferential hiring and promotion of minorities
c. Recruitment of minority applicants
d. Recruiting through employee referrals
ANSWER: a

45. Organizations have affirmative action plans for one of four reasons. Which of the following is NOT one of the four
reasons?
a. Labor union agreement
b. Desire to be a good citizen
c. Court order
d. Consent decree
ANSWER: a

46. With a _______, the agency agrees with a judge that it has not hired or promoted enough members of a protected class
and is willing to make changes.
a. labor union agreement
b. desire to be a good citizen
c. court order
d. consent decree
ANSWER: d

47. Which of the following populations is used to statistically determine discrimination?

a. Area population
b. Qualified work force
c. Control group population
d. National census data
ANSWER: b

48. AT&G does not have any female employees. Ann Smith applied for a job as a machine operator. Though she did not
obtain the minimum score of 40 on the machine operator test, AT&G plans to hire her as part of their new affirmative
action plan. There are 10 men who passed the test who did not get hired. Is this legal?
a. No, an applicant must be qualified to be given preference based on gender or race
b. No, preference is never allowed
c. Yes, because AT&G has no women employees, they can do this
d. Yes, because they are only changing their rules for one person, this would be a reasonable plan
ANSWER: a

49. Research has indicated that employees hired due to affirmative action programs are perceived by coworkers as:
a. lucky
b. more competent
c. equally competent
d. less competent
ANSWER: d

50. The ______ protects against unreasonable search and seizure.

a. Fourth Amendment

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 b. Fifth Amendment
c. Fourteenth Amendment
d. 1964 Civil Rights Act (Title VII)
ANSWER: a

51. When rendering decisions involving the 4th Amendment, as it applies to drug testing, courts have based their
decisions on all of the following factors except:
a. reasonable suspicion of drug use
b. adverse impact
c. safety and trust of the public
d. the opportunity to retest a specimen
ANSWER: b

52. Allowing employees to _________ removes the right of the organization to search the lockers.
a. place their own locks on lockers
b. place their name on the lockers
c. sign a waiver
d. organizations can never search lockers
ANSWER: a

53. A test asking questions about sexual orientation or belief in God might be illegal due to:
a. invasion of privacy
b. adverse impact
c. tort law
d. low reliability
ANSWER: a

54. The case law most pertinent to privacy issues and psychological testing is:
a. Soroka v. Dayton Hudson
b. Oncale v. Sundowner Offshore Services
c. Griggs v. Duke Power
d. Harris v. Forklift Systems
ANSWER: a

Objective Short Answer

55. What are the federally protected classes?

ANSWER:  Sex (male, female)
 Race (African American, European American, Asian American, Native American)
 National Origin
 Religion
 Color
 Age (40 or over)
 Pregnancy
 Vietnam Veteran Status
 Disability

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56. What employment practices are most subject to invasion of privacy issues?
ANSWER:  Drug testing
 Office searches
 Psychological testing
 Electronic surveillance

57. What are the two types of sexual harassment?

ANSWER:  quid pro quo
 hostile environment

58. What are the three major affirmative action strategies?

ANSWER:  Intentional recruitment of minority applicants
 Identification and removal of employment practices working against minority applicants and
employees
 Preferential hiring and promotion of minorities

59. What are the four common reasons for affirmative action plans?
ANSWER:  Court order
 Government regulation
 Consent decree
 Desire to be a good employer

60. What are the five key issues in determining the legality of an affirmative action plan involving preferential hiring or
promotion of minorities?
ANSWER:  Was there a history of discrimination?
 Does the plan benefit people who were not actual victims of discrimination?
 What population (area or qualified work force) was used to set goals?
 What is the impact of the plan on nonminorities?
 Is there an ending point to the plan?

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