26. Discrimination
on the basis of pregnancy was explicitly prohibited by:
a) the original 1964 Civil Rights Act.
b) Congress in 1978, amending Title VII with the
Pregnancy Act.
c) the 1991 Civil Rights Act.
d) the Sexual Harassment Act of 1988.
e)
none of the above. It is not illegal to discriminate against
pregnant women.
27. Title VII
was seen as prohibiting sexual harassment as the result of:
a) an EEOC interpretation of the law.
b) an amendment first offered in 1978.
c) a separate act, the Hostile Work Environment
Act.
d) Executive Order 11456.
e)
a Supreme Court decision in
1991.
28. During a
conversation about a promotion with his boss, George is told that if he will
meet her at the Slumberland Motel and spend the night with her, he will get the
promotion. This is an example of:
a) a hostile work environment.
b) harassment.
c) illegal employment discrimination.
d) inappropriate conversation, but not illegal
since there is no threat of coercion.
e)
quid pro quo sexual
harassment.
29. Collette has worked for The Creamery for 12 years. The Creamery has always been very
employee-friendly and has different internal procedures for reporting EEO and
related complaints. Recently, however,
Collette has been facing sexual harassment from a new supervisor. She immediately files her complaint with the
EEOC. It is likely that The Creamery:
a)
will have to pay punitive and
compensatory damages.
b)
will have to pay only
compensatory damages.
c)
will have a good defense as
Collette did not first use internal procedures for reporting the sexual
harassment.
d)
will have a good defense as
the new supervisor may not be aware of The Creamerys rules concerning
workplace sexual harassment.
e)
will revise its zero-tolerance
sexual harassment policy.
30. Myrna is a
fifty-year-old technical professional. She has worked for her company for over
15 years. She is Serbian by birth, but looks black because of her dark pigmentation.
Myrnas new boss dislikes her for personal reasons. In meetings, he makes
disparaging remarks about Serbians. In a recent argument, he cursed at her and
called her an offensive name. On two occasions, he has refused to travel with
her on business. What Myrna is experiencing may be classified as _______ by the
EEOC.
a) sexual harassment
b) harassment
c) quid pro quo harassment
d) adverse impact
e)
a violation of Executive Order
11267
31. Sexual harassment:
a) is experienced by 31% of women in the
workplace.
b) is exclusively a gender issue, as harassers
are male and targets are female.
c) is a male issue, as most complaints now filed
are against female supervisors.
d) occurs for about 15% of men in the workplace.
e)
is in decline due to changing
attitudes and corporate training efforts.
32. If a woman has been subjected to
undesirable and offensive sexual behavior by coworkers, supervisors, customers
or anyone else in her work environment, she has been a victim of:
a)
quid pro quo sexual
harassment.
b)
harassment.
c)
discrimination.
d)
hostile work environment
sexual harassment.
e)
nothing, as undesirable and
offensive sexual behavior is a strictly subjective measure.
33. In order to decide whether verbal and
other nonphysical behavior of a sexual nature create a hostile work
environment, which of the following need to be taken into consideration?
a)
The severity of the
discriminatory conduct.
b)
Whether the conduct interferes
with the employees work performance.
c)
The frequency of the
discriminatory conduct.
d)
Whether the conduct is
physically threatening or humiliating.
e)
All of the above
34. The Oncale
case marked what important decision regarding sexual harassment?
a)
Womens sexual harassment of
men can be the basis for a sexual harassment lawsuit.
b)
Mens sexual harassment of
women is not the basis for a sexual harassment lawsuit if the woman doesnt
report the conduct until after she is no longer an employee at the company in
question.
c)
Same-sex harassment can be the
basis for a sexual harassment lawsuit.
d)
If the person who feels
sexually harassed does not express this to his/her harasser, in order to give
the person a chance to modify his/her behavior, this discrimination cannot be
the basis for a sexual harassment lawsuit.
e)
Same-sex harassment between
women cannot be the basis for a sexual harassment lawsuit, though same-sex
harassment between men can.
35. Employers
who are defending themselves against sexual harassment claims must prove:
a)
they acted promptly to correct
the sexual harassment problems that have been forwarded.
b)
the plaintiff did not use the
internal procedures for reporting sexual harassment.
c) the plaintiff encouraged the sexual
harassment.
d) the zero-tolerance policy leaves no room for
sexual harassment.
e) a and b
36. The Civil
Rights Act of 1964 was comprehensively amended:
a) by Executive Order 11246 in 1965.
b) to extend the definition of sexual harassment
to cover men.
c) by the Civil Rights Act of 1991.
d) to effectively reduce the employer bias that
had crept into intervening Supreme Court decisions.
e) to include disabilities as a criterion for a
protected class.
37. The Civil
Rights Act of 1991 had several important effects on Title VII, such as:
a) placing the burden of proof on the employee.
b) making quotas legal means to address previous
discrimination.
c) including people with disabilities as a
protected class.
d) permitting plaintiffs to collect damages as
well as back pay.
e)
setting aside the standard of
proof established in the Griggs case.
38. The Civil
Rights Act of 1991 prohibited:
a) quotas.
b) affirmative action plans.
c) jury trials in sexual harassment suits.
d) awards or damage payments.
e)
all of the above
39. The Wards
Cove Packing Co. v. Antonio case affected discrimination suits in what way?
a)
It placed more of the burden
of proof on the complainant.
b)
It emphasized the importance
of bona fide occupational qualification as a defense.
c)
It placed more of the burden
of proof on the plaintiff.
d)
It challenged the fairness of
the four-fifths rule.
e)
It was the case where the
difference between quid pro quo sexual harassment and hostile work environment
sexual harassment was clearly defined.
40. Corrine, a
woman who was found to be the victim of a civil rights violation at the hands
of Layton Company collected damages from them.
She received _______ damages that Layton was fined in order to
compensate her for the psychological difficulties she experienced as a result
of her discrimination, as well as _______ damages, which were awarded to her as
a way to punish Layton company.
a)
punitive / compensatory
b)
disciplinary / compensatory
c)
compensatory / disciplinary
d)
compensatory / punitive
e)
restitution / punitive
41. Executive
Order 11246:
a) was incorporated into Title VII of the Civil
Rights Act of 1964.
b) laid the groundwork for the eventual passage
of the Americans with Disabilities Act.
c) required organizations covered by Title VII
to set up affirmative action programs.
d) prohibited quotas.
e)
changed the enforcement
atmosphere regarding discrimination, making it much more favorable to
employers.
42. Your company is required to abide by
executive order policies when:
a) the company has 50 or more employees and
earns over $50,000 a year.
b) the company
has used quotas in the past but no longer did after the Civil Rights Act
of 1991.
c) the company has at least two discrimination
trials pending.
d)
the company is a government
contractor.
e)
b and d
43. The Age
Discrimination in Employment Act of 1967 was amended in 1986 to:
a) remove the upper age limit entirely.
b) raise the retirement age to 70.
c) exempt members of Congress from the act.
d) require age quotas if there was a pattern of
discrimination.
e) include employers with less than 15 employees.
44. The law
that prohibits employers from discriminating on the basis of age in the
provision of benefits is:
a) the Age Discrimination Act.
b) the Older Workers Protection Act.
c) the Americans with Disabilities Act.
d) the 1991 Civil Rights Act.
e)
Executive Order 11246.
45. The ADA,
Americans with Disabilities Act, now covers employees of any employer who:
a) has a federal contract.
b) has state or local government contracts.
c) has 15 or more employees.
d) has revenues of more than $500,000 a year
regardless of the number of employees.
e)
is an academic institution.
46. For a
disabled employee to be protected by ADA:
a) The disability must be due to cultural or
economic disadvantage.
b) The disability must impair a major life activity.
c) He/she must have been employed at least 90
days by the employer prior to the appearance of the disability.
d) The employer must be a federal contractor.
e) The employee must be in an essential job
where reasonable accommodation is not possible.
47. Tyrone is a
black freelance music composer. He has not held a regular job due to mental
stress since his involvement, as a reservist, in the Persian Gulf War. He is
seeking a jingle-writing position with an advertising firm. While Tyrone does
read and write, he composes by ear. He cannot read music, he records his songs
on a tape, and his wife transcribes the recorded music into sheet music. The
central requirement of this job is that the composer be able to read music, as
he/she must work with client ideas and music ideas from other staff. Tyrone is
not hired because he cannot read music. Has he been discriminated against under
ADA?
a) Yes, because a major life function is
impaired and that impairment prevented him from receiving the job.
b) No, because no major life activity is
impaired. He can read, he just cant
read music.
c) Yes, because the company could have rewritten
the job description to accommodate his disability.
d) No, because the requirement to read music is
a secondary requirement of the job.
e) Yes, because he is a disabled veteran with an
impaired major life function.
48. A company
needs to hire a telephone customer service representative. The job is 100%
telephone contact with customers and requires the ability to speak clearly and
quickly, because representatives must handle so many calls an hour. It also
requires the ability to use a computer and to think and solve problems
independently of supervision. Pauline applies. Bright, experienced with
computers, she has a speech impediment that makes enunciation difficult and
slow for her. She has an excellent track record for working unsupervised at
previous jobs. She is not hired due to the speech impediment. Is this a case of
discrimination under ADA?
a) Yes, because she has a major life activity
impairment.
b) No, because the speech requirement is a
marginal job duty.
c) Yes, because she is disqualified solely due
to the impediment.
d) No, because the speech requirement is an
essential task that cannot be accommodated.
e)
Yes, because the company must
accommodate her by offering her another position not requiring the ability to
enunciate clearly.
49. Ralph is
wheelchair-bound. After a construction injury he went to a vo-tech and learned
to be a telemarketer. He has an interview for a telephone marketing position
for which he is fully qualified. When he arrives, he finds the office where he
is to interview is on the third floor of a building without an elevator. He
calls and explains his problem but the interviewer refuses to change the
appointment or location. Is this discrimination under ADA?
a) No, because Ralph cannot get to the job
location.
b) No, because being wheelchair-bound
disqualifies him from the job.
c) No, because the employer didnt know he was
disabled when they arranged the first interview.
d) Yes, because the employer is required to
accommodate Ralph for the interview.
e)
No, because the company cannot
reasonably accommodate Ralph by carrying him up three flights of stairs every
day.
50. Studies
show that reasonable accommodation of disabled applicants and employees:
a) is bankrupting a number of small companies.
b) has added about 3% to consumer costs of
goods.
c) costs employers nothing in 20% of the cases.
d) generally costs $5,000-$10,000.
e)
tends not to interfere with
the work routines of other workers.
26. Discrimination
on the basis of pregnancy was explicitly prohibited by: a) the original 1964 Civil Rights Act. b) Congress in 1978, amending Title VII with the
Pregnancy Act. c) the 1991 Civil Rights Act. d) the Sexual Harassment Act of 1988.e)
none of the above. It is not illegal to discriminate against
pregnant women. 27. Title VII
was seen as prohibiting sexual harassment as the result of: a) an EEOC interpretation of the law. b) an amendment first offered in 1978. c) a separate act, the Hostile Work Environment
Act. d) Executive Order 11456.e)
a Supreme Court decision in
1991.28. During a
conversation about a promotion with his boss, George is told that if he will
meet her at the Slumberland Motel and spend the night with her, he will get the
promotion. This is an example of: a) a hostile work environment. b) harassment. c) illegal employment discrimination. d) inappropriate conversation, but not illegal
since there is no threat of coercion.e)
quid pro quo sexual
harassment. 29. Collette has worked for The Creamery for 12 years. The Creamery has always been very
employee-friendly and has different internal procedures for reporting EEO and
related complaints. Recently, however,
Collette has been facing sexual harassment from a new supervisor. She immediately files her complaint with the
EEOC. It is likely that The Creamery:a)
will have to pay punitive and
compensatory damages.b)
will have to pay only
compensatory damages.c)
will have a good defense as
Collette did not first use internal procedures for reporting the sexual
harassment.d)
will have a good defense as
the new supervisor may not be aware of The Creamerys rules concerning
workplace sexual harassment.e)
will revise its zero-tolerance
sexual harassment policy. 30. Myrna is a
fifty-year-old technical professional. She has worked for her company for over
15 years. She is Serbian by birth, but looks black because of her dark pigmentation.
Myrnas new boss dislikes her for personal reasons. In meetings, he makes
disparaging remarks about Serbians. In a recent argument, he cursed at her and
called her an offensive name. On two occasions, he has refused to travel with
her on business. What Myrna is experiencing may be classified as _______ by the
EEOC. a) sexual harassment b) harassment c) quid pro quo harassment d) adverse impacte)
a violation of Executive Order
11267 31. Sexual harassment: a) is experienced by 31% of women in the
workplace. b) is exclusively a gender issue, as harassers
are male and targets are female. c) is a male issue, as most complaints now filed
are against female supervisors. d) occurs for about 15% of men in the workplace.e)
is in decline due to changing
attitudes and corporate training efforts. 32. If a woman has been subjected to
undesirable and offensive sexual behavior by coworkers, supervisors, customers
or anyone else in her work environment, she has been a victim of:a)
quid pro quo sexual
harassment.b)
harassment.c)
discrimination.d)
hostile work environment
sexual harassment.e)
nothing, as undesirable and
offensive sexual behavior is a strictly subjective measure. 33. In order to decide whether verbal and
other nonphysical behavior of a sexual nature create a hostile work
environment, which of the following need to be taken into consideration?a)
The severity of the
discriminatory conduct.b)
Whether the conduct interferes
with the employees work performance.c)
The frequency of the
discriminatory conduct.d)
Whether the conduct is
physically threatening or humiliating.e)
All of the above 34. The Oncale
case marked what important decision regarding sexual harassment?a)
Womens sexual harassment of
men can be the basis for a sexual harassment lawsuit.b)
Mens sexual harassment of
women is not the basis for a sexual harassment lawsuit if the woman doesnt
report the conduct until after she is no longer an employee at the company in
question.c)
Same-sex harassment can be the
basis for a sexual harassment lawsuit.d)
If the person who feels
sexually harassed does not express this to his/her harasser, in order to give
the person a chance to modify his/her behavior, this discrimination cannot be
the basis for a sexual harassment lawsuit.e)
Same-sex harassment between
women cannot be the basis for a sexual harassment lawsuit, though same-sex
harassment between men can. 35. Employers
who are defending themselves against sexual harassment claims must prove:a)
they acted promptly to correct
the sexual harassment problems that have been forwarded.b)
the plaintiff did not use the
internal procedures for reporting sexual harassment. c) the plaintiff encouraged the sexual
harassment. d) the zero-tolerance policy leaves no room for
sexual harassment. e) a and b 36. The Civil
Rights Act of 1964 was comprehensively amended: a) by Executive Order 11246 in 1965. b) to extend the definition of sexual harassment
to cover men. c) by the Civil Rights Act of 1991. d) to effectively reduce the employer bias that
had crept into intervening Supreme Court decisions. e) to include disabilities as a criterion for a
protected class. 37. The Civil
Rights Act of 1991 had several important effects on Title VII, such as: a) placing the burden of proof on the employee. b) making quotas legal means to address previous
discrimination. c) including people with disabilities as a
protected class. d) permitting plaintiffs to collect damages as
well as back pay.e)
setting aside the standard of
proof established in the Griggs case. 38. The Civil
Rights Act of 1991 prohibited: a) quotas. b) affirmative action plans. c) jury trials in sexual harassment suits. d) awards or damage payments.e)
all of the above 39. The Wards
Cove Packing Co. v. Antonio case affected discrimination suits in what way?a)
It placed more of the burden
of proof on the complainant.b)
It emphasized the importance
of bona fide occupational qualification as a defense.c)
It placed more of the burden
of proof on the plaintiff.d)
It challenged the fairness of
the four-fifths rule.e)
It was the case where the
difference between quid pro quo sexual harassment and hostile work environment
sexual harassment was clearly defined. 40. Corrine, a
woman who was found to be the victim of a civil rights violation at the hands
of Layton Company collected damages from them.
She received _______ damages that Layton was fined in order to
compensate her for the psychological difficulties she experienced as a result
of her discrimination, as well as _______ damages, which were awarded to her as
a way to punish Layton company.a)
punitive / compensatoryb)
disciplinary / compensatoryc)
compensatory / disciplinaryd)
compensatory / punitivee)
restitution / punitive41. Executive
Order 11246: a) was incorporated into Title VII of the Civil
Rights Act of 1964. b) laid the groundwork for the eventual passage
of the Americans with Disabilities Act. c) required organizations covered by Title VII
to set up affirmative action programs. d) prohibited quotas.e)
changed the enforcement
atmosphere regarding discrimination, making it much more favorable to
employers. 42. Your company is required to abide by
executive order policies when: a) the company has 50 or more employees and
earns over $50,000 a year. b) the company
has used quotas in the past but no longer did after the Civil Rights Act
of 1991. c) the company has at least two discrimination
trials pending.d)
the company is a government
contractor.e)
b and d 43. The Age
Discrimination in Employment Act of 1967 was amended in 1986 to: a) remove the upper age limit entirely. b) raise the retirement age to 70. c) exempt members of Congress from the act. d) require age quotas if there was a pattern of
discrimination. e) include employers with less than 15 employees. 44. The law
that prohibits employers from discriminating on the basis of age in the
provision of benefits is: a) the Age Discrimination Act. b) the Older Workers Protection Act. c) the Americans with Disabilities Act. d) the 1991 Civil Rights Act.e)
Executive Order 11246. 45. The ADA,
Americans with Disabilities Act, now covers employees of any employer who: a) has a federal contract. b) has state or local government contracts. c) has 15 or more employees. d) has revenues of more than $500,000 a year
regardless of the number of employees.e)
is an academic institution. 46. For a
disabled employee to be protected by ADA: a) The disability must be due to cultural or
economic disadvantage. b) The disability must impair a major life activity. c) He/she must have been employed at least 90
days by the employer prior to the appearance of the disability. d) The employer must be a federal contractor. e) The employee must be in an essential job
where reasonable accommodation is not possible. 47. Tyrone is a
black freelance music composer. He has not held a regular job due to mental
stress since his involvement, as a reservist, in the Persian Gulf War. He is
seeking a jingle-writing position with an advertising firm. While Tyrone does
read and write, he composes by ear. He cannot read music, he records his songs
on a tape, and his wife transcribes the recorded music into sheet music. The
central requirement of this job is that the composer be able to read music, as
he/she must work with client ideas and music ideas from other staff. Tyrone is
not hired because he cannot read music. Has he been discriminated against under
ADA? a) Yes, because a major life function is
impaired and that impairment prevented him from receiving the job. b) No, because no major life activity is
impaired. He can read, he just cant
read music. c) Yes, because the company could have rewritten
the job description to accommodate his disability. d) No, because the requirement to read music is
a secondary requirement of the job. e) Yes, because he is a disabled veteran with an
impaired major life function. 48. A company
needs to hire a telephone customer service representative. The job is 100%
telephone contact with customers and requires the ability to speak clearly and
quickly, because representatives must handle so many calls an hour. It also
requires the ability to use a computer and to think and solve problems
independently of supervision. Pauline applies. Bright, experienced with
computers, she has a speech impediment that makes enunciation difficult and
slow for her. She has an excellent track record for working unsupervised at
previous jobs. She is not hired due to the speech impediment. Is this a case of
discrimination under ADA? a) Yes, because she has a major life activity
impairment. b) No, because the speech requirement is a
marginal job duty. c) Yes, because she is disqualified solely due
to the impediment. d) No, because the speech requirement is an
essential task that cannot be accommodated.e)
Yes, because the company must
accommodate her by offering her another position not requiring the ability to
enunciate clearly. 49. Ralph is
wheelchair-bound. After a construction injury he went to a vo-tech and learned
to be a telemarketer. He has an interview for a telephone marketing position
for which he is fully qualified. When he arrives, he finds the office where he
is to interview is on the third floor of a building without an elevator. He
calls and explains his problem but the interviewer refuses to change the
appointment or location. Is this discrimination under ADA? a) No, because Ralph cannot get to the job
location. b) No, because being wheelchair-bound
disqualifies him from the job. c) No, because the employer didnt know he was
disabled when they arranged the first interview. d) Yes, because the employer is required to
accommodate Ralph for the interview.e)
No, because the company cannot
reasonably accommodate Ralph by carrying him up three flights of stairs every
day. 50. Studies
show that reasonable accommodation of disabled applicants and employees: a) is bankrupting a number of small companies. b) has added about 3% to consumer costs of
goods. c) costs employers nothing in 20% of the cases. d) generally costs $5,000-$10,000.e)
tends not to interfere with
the work routines of other workers.


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