Case 3.4
Your mid-sized architectural service company serves
companies and the federal government. Your company is organized into divisions
based on client types. FedHelp is your federal division. A successful company,
your buildings won awards for simplicity, beauty, and design in the 1970s.
Sweeping staircases were used instead of elevators to reach the second and
third floors. Broad marble steps lead up to the front of each office building,
etc.

Your upper management team is 100% male, over 50, and
generally has been with the company over 25 years. Middle managers tend to be
in their thirties, 40% female, and 1% minority. Hourly employees are 60%
minority, 35% female. The communities from which you draw your hourly employees
tend to be 75% minority, primarily Hispanic and Haitian, (35-40% female and as
a group are generally better educated, with 35% having at least two years of
college.)

You are the new HR Director. Your predecessor lost her
job when she did not anticipate and then did not handle an HRM-based lawsuit
against the company to the presidents satisfaction. Your president believes
that HRM should help the company avoid problems. You have three primary tasks:
to anticipate future problems, advise management, and be an advocate for
employees. Your boss doesnt see a conflict in these roles. You discover
employee recruitment records are not complete; many are missing I-9 forms. You
immediately begin to work on an affirmative action plan because of what you see
happening in the company.
105. Refer to
Case 3.4. Based on your utilization study of the company, which of the
following EEO-related problems do you have?
a) There is an under-representation of younger
managers in upper management.
b) Minorities are significantly underrepresented
in management.
c) Women are significantly underrepresented in
middle management.
d)
Your hourly workforce does not
reflect your labor pool population.
e)
You are probably in violation
of the Vocational Rehabilitation Act.

106. Refer to
Case 3.4. The government agency or branch that is most likely to check your
compliance with EEO regulations is:
a) the judicial branch.
b) the EEOC.
c) the Office of Veterans Affairs.
d) the OFCCP.
e)
OSHA.

107. Refer to
Case 3.4. The non-EEO HRM-based law that your company is most likely in
violation of would be:
a) the Immigration Reform and Control Act.
b) the Drug Free Workplace Act.
c) OSHA.
d) ADA.
e) the Reverse Discrimination Act.

108. Refer to
Case 3.4. Which of the following is true about your company?
a) Your company is probably in violation of the
Uniformed Services Employment and Reemployment Rights Act.
b) Your company is probably in compliance with
the Drug Free Workplace Act.
c) Your company is probably in compliance with
the Immigration Reform and Control Act.
d) A prima facie case for discrimination could
be made using the four-fifths rule.
e) Your company is probably guilty of reverse
discrimination.

Case 3.5
Tyra has been the head of HR at S.P., Inc. for 20
years. During her time there, she has
instituted an internal EEO complaint resolution process and a no-tolerance
policy for sexual harassment.

Many of S.P., Inc. employees are Asian immigrants, but there are
half a dozen countries represented within the company. This is of great benefit to the company since
much of their material is translated into foreign languages.

Due to a great influx of work, S.P., Inc. needs to hire
a number of workers. Tyra has received
70 applications for copyediting positions.
She hires 60% of the white applicants who apply for the job and 25% of
the African-Americans who apply for the job.

109. Refer to
Case 3.5. Fiona has been experiencing
sexual harassment at S.P., Inc. by a female superior. What should be her first course of action?
a)
File a complaint with the
EEOC.
b)
Report the harassment to HR
and begin the companys internal complaint resolution process.
c)
File a complaint with the EEO.
d)
Speak with other employees who
she suspects of having been sexually harassed by her supervisor.
e)
None of the above

110. Refer to Case 3.5. When hiring
immigrants for any job, Tyra has to be certain that:
a)
they have the proper
documentation to prove they have the right to work in the United States.
b)
they have family in the United
States.
c)
they speak English.
d)
they have the abilities to
perform the essential functions of the job in question.
e)
both a and d

111. Refer to
Case 3.5. An applicant for a
type-setting job at S.P. does not meet the minimum qualifications for the job
and has a visual impairment that calls for special lighting in order for her
see at a functional level. Which of the following adjustments should Sexy
Products make in order to serve the applicant?
a)
the necessary lighting should
be made available once the applicant receives the job.
b)
the necessary lighting needs
to be made available once the applicant requests it.
c)
no adjustment needs to be
made, as the applicant is not qualified for the position.
d)
no adjustment needs to be made
as seeing is not an essential function.
e)
none of the above

112. Refer to
Case 3.5. What question would it be
appropriate for Tyra to ask an applicant when trying to determine if they speak
another language?
a)
What language do you speak at
home?
b)
Do you speak or write in
another language fluently?
c)
What country do you come from?
d)
How did you learn to read or
write in a foreign language?
e)
What language do you feel most
comfortable with?

113. Refer toCase 3.5.
Should Tyra be concerned about her hiring practices?
a) No, because there
is no prima facie evidence that her hiring practices are discriminatory.
b) No, because the publishing department has a
majority of African-Americans.
c) No, because Tyra is African American and would
not discriminate against other African-Americans.
d) Yes, because she is violating the Equal Pay
Act of 1963.
e) Yes, because there
is prima facie evidence that her hiring practices are discriminatory.

Case 3.4Your mid-sized architectural service company serves
companies and the federal government. Your company is organized into divisions
based on client types. FedHelp is your federal division. A successful company,
your buildings won awards for simplicity, beauty, and design in the 1970s.
Sweeping staircases were used instead of elevators to reach the second and
third floors. Broad marble steps lead up to the front of each office building,
etc. Your upper management team is 100% male, over 50, and
generally has been with the company over 25 years. Middle managers tend to be
in their thirties, 40% female, and 1% minority. Hourly employees are 60%
minority, 35% female. The communities from which you draw your hourly employees
tend to be 75% minority, primarily Hispanic and Haitian, (35-40% female and as
a group are generally better educated, with 35% having at least two years of
college.) You are the new HR Director. Your predecessor lost her
job when she did not anticipate and then did not handle an HRM-based lawsuit
against the company to the presidents satisfaction. Your president believes
that HRM should help the company avoid problems. You have three primary tasks:
to anticipate future problems, advise management, and be an advocate for
employees. Your boss doesnt see a conflict in these roles. You discover
employee recruitment records are not complete; many are missing I-9 forms. You
immediately begin to work on an affirmative action plan because of what you see
happening in the company.105. Refer to
Case 3.4. Based on your utilization study of the company, which of the
following EEO-related problems do you have? a) There is an under-representation of younger
managers in upper management. b) Minorities are significantly underrepresented
in management. c) Women are significantly underrepresented in
middle management.d)
Your hourly workforce does not
reflect your labor pool population.e)
You are probably in violation
of the Vocational Rehabilitation Act. 106. Refer to
Case 3.4. The government agency or branch that is most likely to check your
compliance with EEO regulations is: a) the judicial branch. b) the EEOC. c) the Office of Veterans Affairs. d) the OFCCP.e)
OSHA. 107. Refer to
Case 3.4. The non-EEO HRM-based law that your company is most likely in
violation of would be: a) the Immigration Reform and Control Act. b) the Drug Free Workplace Act. c) OSHA. d) ADA. e) the Reverse Discrimination Act. 108. Refer to
Case 3.4. Which of the following is true about your company? a) Your company is probably in violation of the
Uniformed Services Employment and Reemployment Rights Act. b) Your company is probably in compliance with
the Drug Free Workplace Act. c) Your company is probably in compliance with
the Immigration Reform and Control Act. d) A prima facie case for discrimination could
be made using the four-fifths rule. e) Your company is probably guilty of reverse
discrimination. Case 3.5Tyra has been the head of HR at S.P., Inc. for 20
years. During her time there, she has
instituted an internal EEO complaint resolution process and a no-tolerance
policy for sexual harassment. Many of S.P., Inc. employees are Asian immigrants, but there are
half a dozen countries represented within the company. This is of great benefit to the company since
much of their material is translated into foreign languages. Due to a great influx of work, S.P., Inc. needs to hire
a number of workers. Tyra has received
70 applications for copyediting positions.
She hires 60% of the white applicants who apply for the job and 25% of
the African-Americans who apply for the job. 109. Refer to
Case 3.5. Fiona has been experiencing
sexual harassment at S.P., Inc. by a female superior. What should be her first course of action?a)
File a complaint with the
EEOC.b)
Report the harassment to HR
and begin the companys internal complaint resolution process.c)
File a complaint with the EEO.d)
Speak with other employees who
she suspects of having been sexually harassed by her supervisor.e)
None of the above 110. Refer to Case 3.5. When hiring
immigrants for any job, Tyra has to be certain that:a)
they have the proper
documentation to prove they have the right to work in the United States.b)
they have family in the United
States.c)
they speak English.d)
they have the abilities to
perform the essential functions of the job in question.e)
both a and d 111. Refer to
Case 3.5. An applicant for a
type-setting job at S.P. does not meet the minimum qualifications for the job
and has a visual impairment that calls for special lighting in order for her
see at a functional level. Which of the following adjustments should Sexy
Products make in order to serve the applicant?a)
the necessary lighting should
be made available once the applicant receives the job.b)
the necessary lighting needs
to be made available once the applicant requests it.c)
no adjustment needs to be
made, as the applicant is not qualified for the position. d)
no adjustment needs to be made
as seeing is not an essential function.e)
none of the above 112. Refer to
Case 3.5. What question would it be
appropriate for Tyra to ask an applicant when trying to determine if they speak
another language?a)
What language do you speak at
home?b)
Do you speak or write in
another language fluently?c)
What country do you come from?d)
How did you learn to read or
write in a foreign language?e)
What language do you feel most
comfortable with? a) No, because there
is no prima facie evidence that her hiring practices are discriminatory.b) No, because the publishing department has a
majority of African-Americans.c) No, because Tyra is African American and would
not discriminate against other African-Americans.d) Yes, because she is violating the Equal Pay
Act of 1963.e) Yes, because there
is prima facie evidence that her hiring practices are discriminatory.