Business Its Legal, Ethical, and Global Environment: Chapter 21. All Answers

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1. The Equal Pay Act addressed only the issue of wage discrimination. a. b. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Hi... story of Employment Discrimination Law : Bloom's: Comprehension 2. Sex discrimination complaints are the most common type of employment discrimination complaints. a. b. 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Knowledge 3. The Equal Employment Opportunity Act and the Pregnancy Discrimination Act are amendments to Title VII. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : History of Employment Discrimination Law : Bloom's: Knowledge 4. Labor unions are exempt from Title VII. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act (Fair Employment Practices Act) : Bloom's: Knowledge 5. All employers are covered under Title VII. a. b. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act (Fair Employment Practices Act) : Bloom's: Comprehension 6. State agencies are covered under Title VII. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act (Fair Employment Practices Act) : Bloom's: Knowledge 7. The Lilly Ledbetter Fair Pay Act states that each paycheck triggers a new 180-day filing period to sue. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 8. The Ricci case held that the fear of litigation alone can justify an employer’s reliance on race to discriminate against other qualified employees. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Application 9. Categories protected against discrimination under Title VII include race, color, sex and sexual orientation. a. b. 1 : Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Knowledge 10. Only the hiring process is covered under Title VII. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Knowledge 11. Disparate treatment requires proof that there was a discriminatory reason for the employment decision. a. b. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Comprehension 12. McDonnell Douglas v. Green was the U.S. Supreme Court case that established the elements of proof for a disparate treatment case. a. b. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Comprehension 13. Disparate impact cases require proof of the same elements as disparate treatment cases. a. b. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Comprehension 14. Pattern or practice of discrimination is discrimination against a group rather than a person. a. b. 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Knowledge 15. Customer preference is a justification for discrimination on the basis of sex. a. b. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Comprehension 16. Sexual harassment requires proof of physical contact. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Comprehension 17. Under the Pregnancy Discrimination Act, employers are not prohibited from requiring pregnant employees to stop employment at a certain time during the pregnancy. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Comprehension 18. The Family Medical and Leave Act provides twelve weeks of paid leave in certain circumstances. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : The Family and Medical Leave Act : Bloom's: Knowledge 19. An insurance company that prohibits female employees from working as estimators, but not men has discriminated by disparate treatment. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Application 20. Under the Pregnancy Discrimination Act, a mother returning to work after maternity leave cannot be demoted. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 21. Religious discrimination is permitted by churches when they are interviewing for a pastor. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Application 22. Employers are required to make reasonable accommodations for employees' religious beliefs and practices. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Knowledge 23. Affirmative action programs are required under Title VII. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Knowledge 24. The BFOQ defense to discrimination charges is very broad. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Comprehension 25. Seniority and merit systems are not subject to Title VII prohibitions. a. b. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Knowledge 26. Under Title VII, employers cannot use aptitude tests. a. b. 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Knowledge 27. The EEOC is responsible for enforcement of Title VII. a. b. 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 28. A right-to-sue letter is given after administrative remedies are exhausted. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Application 29. Title VII remedies include back pay and punitive damages. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 30. The Age Discrimination Act protects those who are 40 to 75 years old. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Age Discrimination in Employment Act of 1967 : Bloom's: Knowledge 31. The Rehabilitation Act of 1973 applies to all employers. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Rehabilitation Act of 1973 : Bloom's: Knowledge 32. Quota programs are permissible under affirmative action. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Application 33. Title VII provisions do not apply to decisions on admitting employees as partners. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Comprehension 34. The Americans with Disabilities Act applies to all employers. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Knowledge 35. Seniority systems can still be used under Title VII. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Knowledge 36. The ADA prohibits discrimination on the basis of disability against otherwise qualified applicants. a. b. 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Comprehension 37. Quid pro quo is a form of sexual harassment. a. b. 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Knowledge 38. An atmosphere of harassment can result in employer liability even if the employer is unaware of specific claims. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Comprehension 39. Reasonable accommodation is required of employers when employee's religious beliefs interfere with work schedules. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 40. The Family Medical and Leave Act provides for a paid 12-week leave for family illness, birth, or adoption. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : The Family and Medical Leave Act : Bloom's: Knowledge 41. The ADA mandates employer expenses for reasonable accommodations for employees with disabilities. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Comprehension 42. Costco violated Title VII in Cloutier v. Costco by not giving a reasonable accommodation to one of its employees. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 43. "Can you lift 20 pounds without use of that arm?" is a job interview question that violates the ADA. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Application 44. The Family Medical and Leave Act applies only to women. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : The Family and Medical Leave Act : Bloom's: Knowledge 45. Employee misconduct is a defense to discrimination charges even if the misconduct was not known at the time of the alleged discrimination. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Application 46. Title VII does not apply to U.S. corporations' operations in other countries. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : The Global Workforce : Bloom's: Knowledge 47. An employer rule prohibiting female employees from attending law school at night while allowing men to do so is an example of disparate treatment discrimination. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Synthesis 48. The presence of sexually suggestive e-mails on an employer's e-mail system can be the basis of a claim for atmosphere of harassment. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 49. Employers are vicariously liable for the sexual harassment of their employees. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Knowledge 50. The only employers required to have affirmative action plans are government agencies. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Comprehension 51. An affirmative action plan is invalid unless approved by a federal district court. a. b. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Knowledge 52. Title VII discrimination provisions apply only to employers with 50 or more employees. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Knowledge 53. Seniority and merit systems are void under Title VII. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Knowledge 54. Lying by an employee on an employment application is a complete defense to a later charge of discrimination by that employee. a. b. 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Comprehension 55. The statute of limitations on EEOA claims is four years. a. b. 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 56. Which statute is not an amendment to Title VII? a. Equal Pay Act b. Equal Employment Opportunity Act c. Pregnancy Discrimination Act d. All of the above are amendments to Title VII. a 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : History of Employment Discrimination Law : Bloom's: Comprehension 57. Which are not subject to Title VII? a. employers with at least 15 year-round workers b. labor unions with a hiring hall c. labor unions with 15 or more members d. employment agencies e. All of the above are subject to Title VII. e 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Comprehension 58. Which of the following employers are not subject to Title VII? a. Congress b. defense contractors c. religious corporations when hiring clerical personnel d. None of the above is subject to Title VII. a 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Comprehension 59. What is required to establish a prima facie case for disparate treatment? a. plaintiff must belong to a minority group b. plaintiff must have been qualified for the job c. a minority was not hired d. a and b only e. a, b, and c d 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Application 60. A disparate impact case: a. requires the same proof as a disparate treatment case. b. does not apply to promotions. c. requires proof of intent to discriminate. d. does not apply if a reasonable rule produces the disparate impact. e. none of the above e 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Comprehension 61. The pattern or practice of discrimination cases: a. requires proof of intent to discriminate. b. places the burden of proof on the employer. c. often involves statistical comparisons of the general population and the employer's work force. d. none of the above c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Application 62. A bona fide occupational qualification is a defense to discrimination charges if: a. it can be established that customer preference is the basis for discrimination. b. the job can be established as too strenuous for women. c. it is customary for a woman to hold the job. d. none of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Defenses to a Title VII Charge : Bloom's: Application 63. The prohibitions on sex discrimination apply only to: a. job hiring decisions. b. promotions. c. wage increases. d. a, b, and c e. none of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Specific Applications of Title VII : Bloom's: Application 64. Title VII is not applicable to: a. professional positions. b. merit pay systems. c. partnership decisions. d. none of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Comprehension 65. Under Title VII, sexual harassment complaints require proof of: a. actual physical contact. b. involuntary sexual acts. c. either verbal or physical suggestions. d. none of the above c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of TItle VII : Bloom's: Application 66. Under Title VII, employers who have had an incident of sexual harassment reported to them: a. are required to take some action to investigate the complaint. b. can be held liable in tort for their inaction. c. must take disciplinary action immediately. d. both a and b e. none of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 67. The Pregnancy Discrimination Act: a. prohibits employers from requiring pregnant women to take leaves. b. prohibits employers from cutting the pay of women who return to work after maternity leave. c. prohibits employers from basing a promotion decision on the basis of a pregnancy or planned pregnancy. d. all of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Analysis 68. Religious discrimination is lawful if: a. a church is looking for a pastor. b. the person's religion prevented them from working a certain shift. c. the religious beliefs will interfere with effective work. d. none of the above a 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Specific Applications of Title VII : Bloom's: Analysis 69. Affirmative action programs: a. are permitted only when the employer has a past history of discrimination. b. must have quotas. c. can be mandated by the EEOC. d. none of the above c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Comprehension 70. Seniority systems: a. were outlawed under Title VII. b. are violations of the Age Discrimination Act. c. can be valid if they are not used to perpetuate past discrimination. d. none of the above c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Comprehension 71. Under Title VII, an atmosphere of harassment can exist: a. only if the employer has received complaints. b. only if acts of quid pro quo have occurred. c. if the employer should have known. d. none of the above c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 72. Merit systems: a. are valid if applicable to all employees. b. were outlawed under Title VII. c. are valid if sanctioned by a union. d. none of the above a 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Knowledge 73. Aptitude tests: a. were outlawed under Title VII. b. are valid if related to job performance and do not result in a disparate impact. c. are per se discriminatory. d. none of the above b 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Application 74. The statute of limitations for an employee to file an EEOC complaint for sexual harassment is: a. 90 days. b. 180 days. c. two years. d. none of the above b 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 75. The right-to-sue letter is: a. EEOC certification that administrative remedies have been exhausted. b. issued by state agencies to allow the EEOC to become involved. c. issued only if the EEOC agrees with the employee's charges. d. none of the above a 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Comprehension 76. Which of the following is not a remedy in an EEOC action? a. injunction b. back pay c. punitive damages d. All of the above are remedies. d 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 77. The Age Discrimination Act: a. applies to employers with 20 or more employees. b. applies to employees who are 40 to 75 years old. c. is enforced by the EEOC. d. all of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Age Discrimination in Employment Act of 1967 : Bloom's: Comprehension 78. The Rehabilitation Act of 1973: a. applies only to employers receiving federal financial assistance. b. is enforced by the EEOC. c. does not apply to federal contractors. d. a, b, and c a 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Rehabilitation Act of 1973 : Bloom's: Comprehension 79. Which of the following employers are obligated to undertake affirmative action? a. those employers who have been subject to a consent decree or court order for past charges b. colleges and universities that receive federal funds c. government contractors d. all of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Application 80. Which type of alleged discrimination typically has the highest number of complaints filed with the EEOC? a. Religious b. National origin c. Disabilities d. Race d 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Knowledge 81. In a disparate impact case, who has the burden of proof in establishing disparate impact? a. EEOC b. defendant c. plaintiff d. employer c 1 : Easy : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Knowledge 82. Which of the following is not a violation of the Pregnancy Discrimination Act? a. providing different sick leave benefits for pregnancy than for other medical ailments b. asking questions about family plans in an interview c. denying unemployment benefits to a woman who has taken maternity leave and then terminated employment d. refusing medical insurance benefits for pregnancy c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 83. Which of the following job interview questions would be a violation of Title VII? a. Why did you leave your previous employment? b. Do you have reliable child-care arrangements? c. Would you be able to travel two days per week? d. None of the above is a violation. b 1 : Challenging : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Analysis 84. Amanda Tucker, a black female, applied for a sales position in Ames Department Stores in Seattle. After completing her application, she was asked to take a math test and a general aptitude test. Amanda was not hired and later learned that Ames only administers the math and aptitude tests to minority applicants. Ames says that its experience demonstrates that minority candidates do not work out well as sales clerks unless they have a minimum score on these tests. Which of the following statements is ? a. Ames' testing policy is a violation of Title VII. b. Ames' testing policy is valid so long as it can substantiate the statements about the validity of the tests. c. Ames' testing policy is valid so long as the test is consistently given to minority applicants. d. none of the above a 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Analysis 85. Sprago, a fine restaurant, has hired only male waiters over the past ten years. Sprago's manager says male waiters look more professional and customers prefer male waiters to female waiters. A female who has applied for and been denied a waiter position at Sprago in spite of her qualifications would have: a. no cause of action since being male is a BFOQ. b. no cause of action unless females were denied other positions in the restaurant. c. a cause of action for sex discrimination under Title VII. d. none of the above c 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 86. Title VII applies to decisions to: a. hire. b. promote. c. award merit raises. d. all of the above d 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Employment Discrimination: Title VII of the Civil Rights Act : Bloom's: Knowledge 87. Mary Hahn is an associate dean in the College of Engineering at a major state university. With the resignation of the dean, Mary is perceived as a logical choice for interim dean while a search for a permanent replacement is made. The university president tells Hahn that in spite of her experience and qualifications, he will not appoint her as interim dean. He states that the business community supporters would not be ready to work with a woman in that position and their financial support is critical to the college and the university. The president's actions: a. do not violate Title VII because Mary is in a professional position. b. do not violate Title VII because those outside the university are responsible for the decision. c. violate Title VII. d. none of the above c 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 88. Which of the following employer policies would violate the Pregnancy Discrimination Act? a. requiring pregnant employees to leave the work force at seven months b. providing medical insurance benefits that cover all illnesses except pregnancy c. loss of seniority upon return from pregnancy leave d. all of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 89. The Americans with Disabilities Act: a. applies only to government contractors. b. applies to all employers. c. prohibits the use of tests that screen out handicapped workers. d. limits the impact of the Rehabilitation Act. c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Knowledge 90. Which of the following questions would not be illegal under the ADA? a. "Do you have the use of both arms?" b. "Can you walk at all?" c. "Are you able to lift 50 pounds of mail?" d. All of the above would be acceptable. c 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Evaluation 91. Which of the following ads would violate Title VII? a. "Baptist minister needed. Must be Baptist." b. "Female LPN for personal care for elderly woman." c. "Waiters for four-star restaurant needed." d. All of the above violate Title VII. c 1 : Challenging : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge Specific Applications of Title VII : Bloom's: Synthesis 92. An atmosphere of sexual harassment: a. is not a form of discrimination. b. can exist through language. c. requires proof of quid pro quo. d. none of the above b 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Knowledge 93. Under the Lilly Ledbetter Fair Pay Act, each new paycheck triggers a new ___ filing period. a. 45 day b. 90 day c. 180 day d. 360 day c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Application 94. The Family Medical and Leave Act: a. provides for twelve weeks of paid leave for family medical issues. b. applies only to birth or adoption issues. c. is an optional federal program. d. none of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : The Family and Medical Leave Act : Bloom's: Comprehension 95. Which of the following employers is required to have an affirmative action program? a. an employer under an EEOC consent decree to do so b. a federal government contractor c. state agency that receives federal funds d. All of the above would be required to have affirmative action programs. d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Application 96. Which of the following would be an exception to preferential treatment? a. a BFOQ b. seniority or merit system c. misconduct d. All of the above are exceptions. d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Comprehension 97. Which of the following remedies is not available in Title VII cases? a. injunction b. back pay c. punitive damages d. All of the above are available under Title VII. d 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 98. When is an employee entitled to a right-to-sue letter from the EEOC? a. when the EEOC concludes that there has been discrimination b. within 180 days from the time the employee filed a complaint c. within 180 days from the time the employee filed a complaint provided the EEOC finds that there has been discrimination d. only when the EEOC concludes it will not take the case any further e. none of the above b 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Comprehension 99. Which of the following is not a remedy available under Title VII? a. back pay b. injunctions c. punitive damages d. affirmative action plans e. All of the above are remedies available under Title VII. e 1 : Easy : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Knowledge 100. Janice Coleman is a team leader at Jackson Equipment. She has been promoted several times over the past five years and her performance evaluations are outstanding. One of the vice presidents at Jackson has been very friendly to Janice and has served as her mentor. He has also been asking her to go out with him for the past 2 years. She has declined and the vice president has recently suggested that she could be an area supervisor if he became her advocate with the management team. He has indicated he would be willing to do so if they began a personal relationship. Janice does not agree to the relationship and is promoted to area supervisor. Janice has filed a complaint of sexual harassment with the EEOC. a. Janice has no case because she has been promoted. b. Janice has a case for atmosphere of harassment. c. Janice's employer is not responsible for the unilateral acts of its employees. d. There is no discrimination in her promotion record. e. none of the above b 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of TItle VII : Bloom's: Application 101. A suit against Wal-Mart alleges that only 14% of its store managers are women, but 70% of its hourly workers are women and 85-90% of its customer service managers are women. What will the plaintiffs need to establish that Wal-Mart has violated Title VII? a. That Wal-Mart has an adequate pool from which to draw female store managers. b. That Wal-Mart has engaged in disparate treatment. c. That the labor market is one-half female. d. all of the above a 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Application 102. An admissions program can consider race as a factor in admissions: a. if there are separate admissions tracks for minorities. b. so long as it is given greater weight. c. if it is one of many factors. d. both a and b c 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Antidiscrimination Laws and Affirmative Action : Bloom's: Comprehension 103. Which of the following would be a reasonable accommodation required by the Americans with Disabilities Act? a. flexible or part-time scheduling b. reassignment to a different job c. providing readers and interpreters d. all of the above d 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Application 104. Discuss why administering a personality test to potential employees may be risky. The personality tests may not determine which potential employees are the best ones for the job, and the tests may be held legally impermissible if there is no correlation between the test and the job applied for. 1 : Challenging : United States - BUSPROG: Communication : United States - OH - AICPA: BB-Legal : Defenses to a Title VII : Bloom's: Analysis 105. Philbrook is a teacher employed by the Ansonia School District. He is a member of the Worldwide Church of God. His church holds certain holy days and Philbrook has missed six school days each year for such holy days. The teachers' union has negotiated a contract that permits the following leaves: 18 days per year for sickness (up to 180 days can be cumulated, 5 days for a family death, 1 day for a wedding, 3 days for national meetings, and 3 days for personal leave. The contract did not allow the use of these days for other reasons. Philbrook was charged with having taken unauthorized, unpaid leave for his six holy days. He filed an EEOC complaint. Who will win? Philbrook; because no accommodation was attempted for the holy days. See Ansonia Board of Education v. Philbrook, 470 U.S. 60 (1986). 1 : Moderate : United States - BUSPROG: Analytic United States - BUSPROG: Communication : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Application 106. Discuss the main racial discrimination issues in the Ricci case. In Ricci v. DeStefano the court held that the City of New Haven could not disregard seemingly valid test results simply because of fear the City would be sued for racial discrimination by employees not getting a promotion. The City’s disregarding of test results is impermissible under Title VII because there was no legitimate reason to do so. 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Comprehension 107. A city has its pay structure established by classes of employees. For example, there are administrative staff and maintenance staff. The administrative staff's pay rate is higher and employees in those jobs are nearly all white male. The maintenance staff's rates are lower and the employees there are nearly all female. Several female employees have brought suit challenging the pay structure as violative of Title VII. Is there a problem? No, jobs may pay less but functions are less. Fact that males and females group up that way was not the intent of the statute. EEOC decision #85-8, 6/17/85. 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Analysis 108. Discuss Costco’s accommodation efforts in the Cloutier v. Costco case. Costco wants its employees to present a professional image to its customers so it prohibits, among other things, facial piercings, and states that in its employee handbook. Ms. Cloutier came to work with a pierced eyebrow. Costco offered to allow her to put a bandage over it or to wear a clear ring, but she refused Costco’s attempts at accommodating her religious beliefs. The court held that Costco’s offer of accommodation was manifestly reasonable as a matter of law. The fact that Ms. Cloutier did not like Costco’s offers did not make them an illegal attempt at an accommodation. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Comprehension 109. Audra Sommers, also known as Timothy Cornish, claims to be "a female with the anatomical body of a male." Sommers (his/her preferred name) was terminated from his/her employment with Budget Marketing, Inc. because female employees refused to use the restroom with him/her and Sommers refused to use the men's room. Budget said there was significant disruption of the company's work routine as a result of this conflict. Sommers brought suit alleging a violation of Title VII. Does Title VII afford protection for Sommers? Consistent with many other such decisions, the court in Sommer v. Budget Marketing, Inc., 667 F.2d 748 (8th Cir. 1982), refused to extend Title VII protection to transsexuality. Word sex in Title VII is to be given its plain meaning and was not intended to include transsexuality. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 110. Janice Cohen, an MBA graduate, was interviewing for an account executive position with an insurance company. During the course of the interview she disclosed that her husband was in the PhD program in business at the local university. The interviewer then commented, "Well, I guess you won't be staying around here once he gets his PhD." Janice was not hired and a male with an undergraduate degree and no experience was hired for the position. Discuss Janice's rights under Title VII. The comment was a reflection that information about marital status was being used in making the job determination. Such a decision process would violate Title VII. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Application 111. Discuss which of the following questions would be violations of Title VII and why. a. "So, what does your husband do?" b. "Are you old enough to remember the Eisenhower days?" c. "Who cares for your children while you work?" You can't ask marital status or about family issues. The question about the Eisenhower administration would reveal age. The question about child care is prohibited. That would be sex discrimination. Personal and family matters should be kept out of the job interview. 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Americans with Disabilities Act : Bloom's: Application 112. Discuss the following and whether each would be a violation of Title VII. a. Six weeks of paid leave for women upon birth of a child. b. A strength test for a city fire department that has excluded all female applicants. c. Paying female MBA hires a starting salary of $81,000 while paying male MBA hires only $75,000. a. Discriminatory because men/fathers get no similar benefit; also FMLA kicks in, not employer benefits. b. In L.A., the department was ordered to modify the strength test to allow women admission. c. The salaries are discriminatory and violative of the Equal Pay Act. 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII Theories of Discrimination Under Title VII The Family and Medical Leave Act : Bloom's: Application 113. List all the possible defenses to charges of discrimination. Bona fide occupational qualification Merit and seniority systems Reasonable accommodation Misconduct on the part of the employee Tests covering skills and knowledge that are job-related 1 : Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Application 114. Describe what an employer should do when faced with a charge of sexual harassment. a. Move quickly b. Investigate c. Interview as many witnesses as possible d. Control the alleged harasser’s contact with the complainant e. Do not conduct interviews in public f. Ask for documentation g. Don’t let investigations drag on 1 : Challenging : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Legal : Specific Applications of Title VII : Bloom's: Synthesis 115. Jane Bouvier is a computer scientist working for a state university. Her job description states that she is responsible for the development and maintenance of the College of Business web sites. Jane was not permitted to take the training classes that her male counterparts in other colleges in the university were permitted to take, at university expense. Jane felt that she was falling behind without this additional training. When she raised her concern to her supervisor she was told that she would have to pay for the training herself. Discuss whether Jane’s treatment is a violation of any federal antidiscrimination laws. There is disparate treatment. Males are given free training and Jane is not. This condition of employment puts her at a disadvantage and will affect her performance evaluations. There is discrimination on the basis of gender in the terms and conditions of employment. 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Theories of Discrimination Under Title VII : Bloom's: Application 116. Under the Lilly Ledbetter Act, how much time do victims of discrimination have to file suit on their allegations? a. 180 days b. 180 days from the first discriminatory event c. 180 days from the time they learn of the discriminatory event d. Three years from the time of the first event c 1 : Moderate : United States - BUSPROG: Diversity : United States - OH - AICPA: BB-Legal : Enforcement of Title VII : Bloom's: Comprehension 117. Alice is a 55-year-old program developer who works at Acute Health Care. She is responsible for developing training programs for the company. Her supervisor has said to her, “Isn’t it about time for you to retire?” and then added, “You really can’t understand the Millennials and how they work on computers – you won’t be able to get these programs right.” After these remarks, Alice inflated her travel expenses and was fired because lying on expense forms is a fireable offense under the company’s handbook. Alice has filed suit for discrimination. What is Acute’s best defense? a. That age remarks are not a form of discrimination. b. That Alice was fired for cause. c. Acute has no defense because the supervisor's comments were per se discriminatory. d. Acute cannot use something that happened after the discrimination as a defense, so the travel expense problem is not a defense. b 1 : Challenging : United States - BUSPROG: Reflective Thinking: Re - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Defenses to a Title VII Charge : Bloom's: Analysis [Show More]

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