Business Management Data Bank

Subject: Business    / Management
Question

26.

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 Creamery’s 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. Myrna’s 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 employee’s 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) Women’s sexual harassment of men can be the basis for a sexual harassment lawsuit.

b) Men’s sexual harassment of women is not the basis for a sexual harassment lawsuit if the woman doesn’t 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 can’t 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 didn’t 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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