Civil Law Chapter 3 (some I/O crossover)

Nagy Industries is considering reserving the best parking spots for employees who are 7 months pregnant. Is this legal?

Yes, pregnancy can be treated better than other short term disabilities

Though Congress did not provide a list of disabilities, it did define disability in part as "having a record of such impairment." Which of the following "disabilities" would qualify under this part of the definition?

recovering alcoholics

Which of the following types of harassment are NOT illegal?

All of the above

1. Sexual

2. Race

3. Age

Asking a coworker out on a date is sexual harassment if

its unwanted and repetitive

There are several affirmative action strategies an employer could use. If an employer advertised in magazines and newspapers with a minority readership, it would be using which of the following strategies?

Recruitment of minority applicants

If a law is passed at the federal level, states may pass laws that _____ the rights granted in the federal law, states may not pass laws that will _____ the rights granted in the federal law.

expand / diminish

The Civil Rights Act has also been interpreted by the courts to cover such issues as sexual harassment, age harassment, and race harassment. These issues are related to the organization's:

atmosphere

The ______ protects against unreasonable search and seizure.

Fourth Amendment

The _______ is thought to be the most important piece of employment legislation since the 1964 Civil Rights Act.

Americans with Disabilities Act

​With a _______, the agency agrees with a judge that it has not hired or promoted enough members of a protected class and is willing to make changes

​consent decree

If a job can only be performed by a person in a particular class, the requirement is considered

​a BFOQ

Which of the following is not an important factor in filing a complaint of age discrimination?

all three are important factors

In the 1989 case of Walker v. Secretary of the Treasury, a district court found that a darker skinned black illegally fired a lighter skinned black employee. Which of the following protected classes were at issue in this case?

Color

The "equal protection" clause of the Fourteenth Amendment mandates that no state may deny a person equal protection under the law. Because any suite filed under the Fourteenth Amendment must demonstrate ______, it is not often used

intent

​"English only" requirements at work are

are legal if they are job related

Based on the Civil Rights Acts of 1866, 1964, and 1991 as well as the 14th Amendment, it is illegal to discriminate against a person based on race. According to Congress, all of the following are protected races except:

all three of these are protected races

An employment practice resulting in adverse impact may still be legal as long as:

​the test used was job related

Which of the following components of a sexual harassment policy would be illegal?

The punishment must be severe

Though Congress did not provide a list of disabilities, it did define disability in part as "being regarded as having such an impairment." Which of the following "disabilities" would qualify under this part of the definition?

severe burns

In a quid pro quo case of sexual harassment, ____ sexual advance(s) must have been made

one

The 1964 Civil Rights Act (Title VII) and its 1972 and 1991 amendments cover

​all of these

1. Unintentional Discrimination

2. Companies with 15 or more people

3. Race, color, sex, religion, national origin

In the past few years, about _____ discrimination complaints were filed with the Equal Employment Opportunity Commission

90,000

The Civil Rights Act has also been interpreted by the courts to cover such issues as sexual harassment, age harassment, and race harassment. These issues are related to the organization's

atmosphere

If a law is passed at the federal level, states may pass laws that _____ the rights granted in the federal law, states may not pass laws that will _____ the rights granted in the federal law

expand / diminish

When the courts make a decision, the decision becomes

When the courts make a decision, the decision becomes

​For adverse impact to have practical significance, the minority selection ratio must be less than ____ percent of the majority selection ratio

80

A test asking questions about sexual orientation or belief in God might be illegal due to

invasion of privacy

A supervisor offering a promotion in exchange for sex would fall under the ______ form

of sexual harassment

quid pro quo

Sexual harassment results in

All of the above

1. Decreased productivity

2. Increased turnover

3. Increased absenteeism

In a quid pro quo case of sexual harassment, ____ sexual advance(s) must have been made

one

The courts have clearly ruled that a customer's satisfaction and/or preference ________ used to determine if a job requirement is a BFOQ

​cannot be

According to the Lilly Ledbetter Fair Pay Act, an employee filing a discrimination complaint with the EEOC regarding pay discrimination, has 180 days from when she

received her last pay check

The Age Discrimination in Employment Act (ADEA) forbids an employer from discriminating against an individual over the age of

.

​40

In order for a case of discrimination to be investigated by the EEOC, the complaint must be filed

within _____ days of the discriminatory act

​180

_______ is a judicial interpretation of a law and is important because it establishes a precedent for future cases

Case law

The case law most pertinent to privacy issues and psychological testing is

Soroka v. Dayton Hudson

The first step in the legal process is for some legislative body to

​pass a law

​"English only" requirements at work are

are legal if they are job related

Research has indicated that employees hired due to affirmative action programs are perceived by coworkers as

​less competent

​AT&G does not have any female employees. Ann Smith applied for a job as a machine operator. Though she did not obtain the minimum score of 40 on the machine operator test, AT&G plans to hire her as part of their new affirmative action plan. There are 10 men who passed the test who did not get hired. Is this legal?

No, an applicant must be qualified to be given preference based on gender or race

All employees at Wally World Amusement Park are required to work on weekends because that is when 80% of the customers visit the park. Alex likes to go to church on Sunday morning and asks that he not have to work on Sunday. Must the park accommodate his request?

​No, because going to church in the morning is a preference and he can go in the evening

The _______ is thought to be the most important piece of employment legislation since the 1964 Civil Rights Act

​Americans with Disabilities Act

​The EEOC usually handles alleged violations of

federal laws

​"English only" requirements at work are

are legal if they are job related

When rendering decisions involving the 4th Amendment, as it applies to drug testing, ​courts have based their decisions on all of the following factors except

​adverse impact

Employees using FMLA must

​give 30 days notice when possible

The ______ protects against unreasonable search and seizure

​Fourth Amendment

Based on the material presented in your text, which of the following is NOT an exception to the requirement of determining that an employment practice is job related?

​All three of these are exceptions

1. Bona Fide Seniority System

2. Veteran's Preference Rights

3. National Security

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

Qualified work force

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

Be intentional

Jean is the 2nd highest paid employee at Reilly, Inc. She has worked there 3 years and wants to take 4 weeks of unpaid leave to have a baby. She gave the company 45 days notice but they rejected her request. Under the FMLA, the company can do this because she:​

​is a key employee