Employment Law for Business Dawn Bennett Alexander 9e - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below Employment Law for Business, 9e (Bennett) Chapter 5 Affirmative Action 1) Quotas are a necessary part of any affirmative action plan. Answer: FALSE Explanation: Affirmative …
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Employment Law for Business Dawn Bennett Alexander 9e – Test Bank
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Employment Law for Business, 9e (Bennett)
Chapter 5 Affirmative Action
1) Quotas are a necessary part of any affirmative action plan.
Answer: FALSE
Explanation: Affirmative action does not require quotas. In fact, quotas are, for the most part, illegal.
Difficulty: 2 Medium
Topic: The Design and Unstable History
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
2) Affirmative action applies to all employers, public or private.
Answer: FALSE
Explanation: Affirmative action does not apply to all employers. For the most part, it applies to those with 50 or more employees who have contracts with the federal government to provide the government with goods or services worth $50,000 or more.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
3) Affirmative action is designed to remedy past discrimination based on race or gender through punishment.
Answer: FALSE
Explanation: Affirmative action is designed to remedy present-day employment inequities based on race or gender. It is about the past only in the sense that what happened in the past has present-day vestiges. Affirmative action is about remedying discrimination, not about punishing anyone.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-02 Provide the results of several studies indicating why there continues to be a need to take more than a passive approach to equal employment opportunity.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
4) Valuing diversity means being sensitive to and appreciative of differences among groups, and using those differences as a positive force to increase productivity and efficiency.
Answer: TRUE
Explanation: Valuing diversity means being sensitive to and appreciative of differences among groups outside what was thought of as the mainstream and using those differences, coupled with basic human similarities, as a positive force to increase productivity and efficiency and to avoid liability for discrimination. For the past several years, employers all over the country have sponsored workplace programs to sensitize employees to differences among people in the workplace. Being made aware of these differences in various racial, ethnic, religious, and other groups and also, almost more importantly, being reminded of the similarities as human beings, has helped employees learn to better deal with them. Chances are, at some point in your career, you will be exposed to the concept of valuing diversity.
Difficulty: 1 Easy
Topic: Valuing Diversity/Multiculturalism/Diversity and Inclusion
Learning Objective: 05-08 Explain the concept of valuing diversity/inclusion/multiculturalism and why it is needed, and give examples of ways to do it.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
5) Affirmative action mandates hiring of underrepresented groups, regardless of their qualification for the job.
Answer: FALSE
Explanation: One of the most persistent misconceptions about affirmative action is that those hired using affirmative action are unqualified. Anyone hired by an employer should be qualified. It is no different for hiring under an affirmative action plan, and, in fact, that is generally what occurs.
Difficulty: 1 Easy
Topic: What is Affirmative Action?
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
6) Affirmative action is a present-day remedy for discrimination that occurred in the past.
Answer: FALSE
Explanation: Affirmative action is used only when there is a demonstrated underrepresentation or a finding of discrimination. It is designed to remedy present-day employment inequities based on race or gender.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-02 Provide the results of several studies indicating why there continues to be a need to take more than a passive approach to equal employment opportunity.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
7) The Mississippi Sovereignty Commission was designed to protect the sovereignty of the State of Mississippi and her sister states from federal government interference.
Answer: TRUE
Explanation: The Mississippi Sovereignty Commission was created to preserve segregation in the eleven southern states. The commission was charged to “protect the sovereignty of the State of Mississippi and her sister states from federal government interference.” The commission, primarily an information-gathering agency, outwardly espoused racial harmony, but secretly paid spies and investigators to report on civil rights activists or anyone even remotely thought to be sympathetic to the cause of racial equality.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-02 Provide the results of several studies indicating why there continues to be a need to take more than a passive approach to equal employment opportunity.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
8) The quantitative part of an affirmative action plan sets out a course of action for how to address any underrepresentation, underutilization, or other problems found in a federal contractor’s workplace.
Answer: FALSE
Explanation: The qualitative part of an affirmative action plan sets out a course of action for how to address any underrepresentation, underutilization, or other problems found in a federal contractor’s workplace. The quantitative part of the plan examines the contractor’s workplace to get a snapshot, of sorts, of who works there and in what capacity, as it relates to minorities and women.
Difficulty: 1 Easy
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
9) Placement goals must be treated as a ceiling or floor for employing certain groups.
Answer: FALSE
Explanation: Placement goals are designed to measure progress toward equal employment opportunity and “may not be rigid and inflexible quotas which must be met,” nor a ceiling or floor for employing certain groups.
Difficulty: 1 Easy
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
10) An organizational profile combines job titles in the federal contractor’s workplace that have similar content, wage rates, and opportunities. It includes the percentage of minorities and the percentage of women employed in each job area, and then compares the availability of women or minorities for the job groups.
Answer: FALSE
Explanation: An organizational profile shows staffing patterns within a workplace, much like an organizational chart, showing each of the organizational units; their relationship to one another; and the gender, race, and ethnic composition of each unit. It is “one method contractors use to determine whether barriers to equal employment opportunity exist in their organization.” Job group analysis combines job titles in the contractor’s workplace that have similar content, wage rates, and opportunities. The job group analysis includes a list of the job titles for each job group and the percentage of minorities and the percentage of women it employs in each job group. This information is then compared to the availability of women and/or minorities for the job groups.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
11) Title VII is designed to protect everyone, even though its operation may make certain whites or males feel discriminated against.
Answer: TRUE
Explanation: Despite what you may have heard, reverse discrimination is not the flip side of affirmative action. Our experience has been that this misunderstanding stems from most employees having a fundamental misunderstanding of how discrimination laws operate and what affirmative action is and is intended to do. Title VII and the other protective legislation protects everyone. There is no special provision for whites or males who believe they were discriminated against. Everyone is protected by the law. As a part of that protection, the affirmative remedies for proven discrimination, permitted by law, may make others feel harmed.
Difficulty: 1 Easy
Topic: “Reverse Discrimination”
Learning Objective: 05-06 Define “reverse discrimination” and tell how it relates to affirmative action.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
12) Culture encompasses more than just ethnicity. It include other factors such as gender, age, disability, affinity orientation, etc. that affect and define an individual’s life.
Answer: TRUE
Explanation: The concept of “culture” encompasses not only ethnicity, but also gender, age, disability, affinity orientation, and other factors which may significantly affect and in many ways, define, one’s life. Multiculturalism is learning that “different from” does not mean “less than.” It is getting in touch with one’s cultural conditioning and working toward inclusion, rather than conformity.
Difficulty: 1 Easy
Topic: Valuing Diversity/Multiculturalism/Diversity and Inclusion
Learning Objective: 05-08 Explain the concept of valuing diversity/inclusion/multiculturalism and why it is needed, and give examples of ways to do it.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
13) The ________ Amendment to the United States Constitution abolished slavery in 1865.
Answer: B
Explanation: The Thirteenth Amendment abolished slavery in 1865. Shortly thereafter, Slave Codes were replaced by Black Codes.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
14) Actions an employer can take to work toward inclusion of those historically underrepresented in the workplace include all of the following except:
Answer: C
Explanation: The actions an employer can take to make an effort to include those historically underrepresented in the workplace include, but are certainly not limited to
Hiring, training, and other attempts to bring into the workplace groups that have traditionally been left out of the employment process.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
15) Which of the following statements is true of affirmative action?
Answer: B
Explanation: At its simplest, affirmative action involves the employer taking steps to ensure job opportunities to traditionally excluded groups by bringing qualified women and minorities or other statutorily mandated groups into a workplace from which it has been determined that they are excluded, in order to make the workplace more reflective of their availability in the workforce from which the employees are drawn. Workplace productivity and efficiency do not suffer under affirmative action plans.
Difficulty: 2 Medium
Topic: The Design and Unstable History
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
16) Which of the following groups have made the most gains under affirmative action?
Answer: C
Explanation: Most of the anger around affirmative action stems from the issue of race. Despite the fact that white women have made the most gains under affirmative action, there is still the basic view that African-Americans are getting something others are not, just because they are African-American, and this makes people angry.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
17) One of the commonly held myths about affirmative action is that it is:
Answer: B
Explanation: One of the commonly held myths about affirmative action is that it is an entitlement program that provides unqualified women or minorities with jobs. According to the Equal Employment Opportunity Commission (EEOC) Compliance manual, affirmative action is “actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity.”
Difficulty: 2 Medium
Topic: The Design and Unstable History
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
18) Which of the following is NOT true of affirmative action?
Answer: B
Explanation: Affirmative action is used only when there is a demonstrated underrepresentation or a finding of discrimination. It is designed to remedy present-day employment inequities based on race or gender. It is about the past only in the sense that what happened in the past has present-day vestiges, which is why it is important for you to know about it. Affirmative action is about remedying discrimination, not about punishing anyone.
Difficulty: 1 Easy
Topic: The Design and Unstable History
Learning Objective: 05-02 Provide the results of several studies indicating why there continues to be a need to take more than a passive approach to equal employment opportunity.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
19) Which of the following is true of Executive Order 11246?
Answer: C
Explanation: The executive order is enforced by the Office of Federal Contract Compliance Programs (OFCCP) in the Employment Standards Administration Office of the U.S. Department of Labor. The OFCCP issues extensive regulations implementing the executive order. OFCCP’s enforcement addresses only the employer’s participation in federal government contracts and contains no provisions for private lawsuits by employees or even penalties for noncompliance by a contractor. Employees seeking relief from workplace discrimination in violation of the executive order must do so through their state’s fair employment practice laws, Title VII, or similar legislation previously discussed. However, employees may file complaints with the OFCCP, which the secretary of labor is authorized to receive and investigate, and may sue the secretary to compel performance of executive order requirements. While OFCCP does not bring individual discrimination cases for employees, it does pursue employers for violations of the executive order.
Difficulty: 1 Easy
Topic: Affirmative Action under Executive Order 11246
Learning Objective: 05-03 Name and explain the three types of affirmative action.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
20) Affirmative action obligations arise in the workplace through all of the following except:
Answer: B
Explanation: There are three ways in which affirmative action obligations arise in the workplace: 1) through Executive Order 11246; 2) judicially as a remedy for a finding of discrimination under Title VII; and 3) voluntary affirmative action established by an employer.
Difficulty: 1 Easy
Topic: Affirmative Action under Executive Order 11246
Learning Objective: 05-03 Name and explain the three types of affirmative action.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
21) Federal contractors/employers that provide more than $10,000 in goods or services to the federal government must agree to do all of the following except:
Answer: C
Explanation: All contractors/employers who contract with the federal government must abide by the executive order’s nondiscrimination provision. However, those who provide goods and services of $10,000 or more must agree to do even more. One of those requirements is to furnish all information and reports required by the executive order and the implementing regulations, and permit access to the contractor’s or subcontractor’s books, records, and accounts by the contracting agency and the secretary of labor for purposes of investigation to ascertain compliance with the executive order and its regulations.
Difficulty: 1 Easy
Topic: Affirmative Action under Executive Order 11246
Learning Objective: 05-03 Name and explain the three types of affirmative action.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
22) Laketown System Corp., a federal contractor, chooses not to comply with the affirmative action plan established to increase the representation of women and minorities within its workplace. Which of the following is an implication of noncompliance?
Answer: C
Explanation: Laketown System Corp. can be debarred for noncompliance. In addition to prohibiting discrimination in employment, the Executive Order 11246 requires that federal contractors who have underrepresentations of women and minorities in their workplace agree to take steps to ensure adequate representation. In cases where the employer refuses to remedy disparities found, he or she is debarred from further participation in government contracts.
Difficulty: 3 Hard
Topic: Affirmative Action under Executive Order 11246
Learning Objective: 05-03 Name and explain the three types of affirmative action.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
23) The Apex Community Hospital has contracts with the United States Department of Veterans Affairs (VA) to provide health care for veterans. The Office of Federal Contract Compliance Programs (OFCCP) found that the hospital misrepresented the results of its affirmative action plan. Which of the following actions is the Secretary of Labor most likely to take against the Apex Community Hospital?
Answer: C
Explanation: The Office of Federal Contract Compliance Programs (OFCCP) or the appropriate contracting agency can initiate criminal proceedings against the Apex Community Hospital. The secretary of labor or the appropriate contracting agency can impose on an employer a number of penalties for noncompliance, including recommending to the Department of Justice that criminal proceedings be initiated for furnishing false information to a contracting agency or the secretary of labor.
Difficulty: 3 Hard
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
24) An affirmative action plan under E.O. 11246:
Answer: C
Explanation: Affirmative action plans must be developed according to the rules set forth in the Code of Federal Regulations (C.F.R.) part 60-2 that effectuates the executive order. According to the regulations, “an affirmative action plan should be considered a management tool—an integral part of the way a corporation conducts its business . . . to encourage self-evaluation in every aspect of an employment by establishing systems to monitor and examine the contractor’s employment decisions and compensation systems to ensure that they are free of discrimination.”
Difficulty: 1 Easy
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
25) As part of an effective Title VII affirmative action plan an employer must do all of the following except:
Answer: A
Explanation: An affirmative action program also ensures equal employment opportunity by institutionalizing the contractor’s commitment to equality in every aspect of the employment process. Therefore, as part of its affirmative action program, a contractor monitors and examines its employment decisions and compensation systems to evaluate the impact of those systems on women and minorities.
Difficulty: 1 Easy
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
26) The courts impose judicial affirmative action when:
Answer: A
Explanation: Rather than an affirmative action plan imposed by Executive Order 11246, an employee may sue alleging an employer violated Title VII of the Civil Rights Act of 1964, and the affirmative action arises in response to a finding of workplace discrimination that must be remedied. The courts’ imposition of affirmative action as the means of redress is known as judicial affirmative action.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
27) A corporate management compliance evaluation is:
Answer: D
Explanation: The regulations under E.O. 11246 require corporate management compliance evaluations designed to determine if employees encounter artificial barriers to advancement, particularly in mid- and senior-level corporate management. During an evaluations, special attention is given to the components of the employment process that affect advancement into these positions.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
28) Green Oval Electronics employs approximately 2,700 employees. During a recent workforce survey, it was found that 97 percent of the company’s managers are white, although only 62 percent of the company’s entire workforce is white. The company decided to implement a voluntary affirmative action plan that would reserve 25 percent of the openings in a managerial development program for blacks and other minorities, only until the percentage of minority employees working as supervisors was representative of the percentage of available minorities in the local labor force. Which of the following holds true in this scenario?
Answer: C
Explanation: Title VII of the Civil Rights Act of 1964 does not prohibit voluntary race-conscious affirmative action plans undertaken to eliminate a manifest racial imbalance if the measure is only temporary and if it does not unnecessarily trammel the rights of other employees.
Difficulty: 3 Hard
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
29) While implementing an affirmative action plan, an employer is expected to do all of the following except:
Answer: B
Explanation: By regulation, placement goals, which serve as objectives “reasonably attainable by means of applying every ‘good faith effort’ to make all aspects of the entire affirmative action program work,” do not mean that the underrepresentation is an admission or a finding of discrimination. They are designed to measure progress toward achieving equal employment opportunity and “may not be rigid and inflexible quotas which must be met,” nor a ceiling or floor for employing certain groups. “Quotas are expressly forbidden.” In making decisions, employers are expressly not required “to hire a person who lacks qualifications to perform the job successfully, or hire a less qualified person in preference to a more qualified one.” In all employment decisions, the contractor must make selections in a non-discriminatory manner.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
30) The OFCCP view of affirmative action is best represented in which of the following statements?
Answer: A
Explanation: In this more holistic view OFCCP pronounced in its regulatory revisions, it said that “an affirmative action program is, thus, more than a paperwork exercise. An affirmative action program includes those policies, practices, and procedures that the contractor implements to ensure that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment. Affirmative action, ideally, is a part of the way the contractor regularly conducts its business. OFCCP has found that when an affirmative action program is approached from this perspective, as a powerful management tool, there is a positive correlation between the presence of affirmative action and the absence of discrimination.”
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
31) As a part of an OFCCP audit, a contractor must demonstrate:
Answer: D
Explanation: OFCCP may perform audits of contractors to determine if they are complying with the regulations and providing equal employment opportunity. To withstand an OFCCP audit, contractors must show that they have made good-faith efforts to remove any identified barriers to equal employment opportunity, expand employment opportunities, and produce measurable results.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
32) Penalties for noncompliance include all of the following except:
Answer: A
Explanation: The secretary of labor or the appropriate contracting agency can impose on the employer a number of penalties for noncompliance, including: Publishing the names of nonconforming contractors or labor unions; recommending to the EEOC or the Department of Justice that proceedings be instituted under Title VII; requesting that the attorney general bring suit to enforce the executive order in cases of actual or threatened substantial violations of the contractual EEO clause; recommending to the Department of Justice that criminal proceedings be initiated for furnishing false information to a contracting agency or the secretary of labor; canceling, terminating, or suspending the contract, or any portion thereof, for failure of the contractor or subcontractor to comply with the non-discrimination provisions of the contract (this may be done absolutely, or continuance may be conditioned on a program for future compliance approved by the contracting agency) and debarring the noncomplying contractor from entering into further government contracts until the contractor has satisfied the secretary that it will abide by the provisions of the order.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
33) The United College of Arts (UCA) became aware of the underrepresentation of Native Americans in its workforce. It shortlisted a number of steps to increase the percentage of Native Americans in its workforce. Which of the following steps, if adopted, is likely to ensure maximum results?
Answer: A
Explanation: The United College of Arts can recruit at community events near or on Native American reservations and from colleges located nearby. Employers, labor organizations, and other persons subject to Title VII of the Civil Rights Act of 1964 are encouraged to take affirmative action through: training plans and programs, extensive and focused recruiting activity, elimination of the adverse impact caused by unvalidated selection criteria, and modification through collective bargaining.
Difficulty: 3 Hard
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
34) The court cases dealing with affirmative action demonstrate that:
Answer: B
Explanation: In addition to agency rules and regulations, courts have played an important role in shaping the concept of affirmative action. While there are no specific requirements as to what form an affirmative action plan must take, if the plan is in keeping with the requirements set forth in Exhibit 5.8, the employer has little to fear from suits challenging implementation of the plan, although the monetary and energy costs in dealing with them are great.
Difficulty: 1 Easy
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
35) ________ involves comparing the percentage of minorities and the percentage of women employed in each job category to the availability of minorities and/or women for these job categories.
Answer: A
Explanation: A job group analysis must include a list of the job titles for each job group and the percentage of minorities and the percentage of women it employs in each job group. This information is then compared to the availability of minorities and/or women for these job groups.
Difficulty: 1 Easy
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Remember
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
36) White Swan Motors’ practice of hiring only applicants recommended by its employees has been found to have an adverse impact on nonwhite applicants. White Swan plans to implement a voluntary affirmative action plan. Which of the following would be an effective practice under the voluntary affirmative action plan?
Answer: C
Explanation: Eliminating unvalidated recruitment practices and selection criteria would be an effective practice under the voluntary affirmative action plan. The actions an employer can take to make an effort to include those historically underrepresented in the workplace include recruitment of groups the employer generally has not made an attempt to recruit and elimination of the adverse impact caused by unvalidated selection criteria.
Difficulty: 3 Hard
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
37) The number of women employees at ThinkOne Systems Inc. is significantly lower than what statistics indicate about the availability of qualified women employees in the relevant labor pool. This is referred to as ________.
Answer: B
Explanation: Underrepresentation or underutilization occurs when there are significantly fewer minorities or women in the workplace than relevant statistics indicate are available or their qualifications indicate they should be working at better jobs. The qualitative part of the affirmative action plan sets out a course of action for how to address any underrepresentation, underutilization, or other problems found.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
38) Riverhill University, on conducting a self-audit, identifies a racial imbalance in its workforce where 85 percent of its department chairs and deans are white men. The university voluntarily institutes a short-term plan that mandates that future selections for department chairs and deans will be on a one-for-one basis until an appropriate ratio is achieved. Paul, a white male professor from the same university, applies for the position of a dean and gets rejected. He subsequently discovers that an equally qualified black female is selected for the position. In this scenario, Paul:
Answer: D
Explanation: In this scenario, Paul does not have a valid claim because temporary plans to eliminate existing imbalances are permitted based on the United Steelworkers of America, AFL-CIO v. Weber case. In the United Steelworkers of America, AFL-CIO v. Weber case, the Supreme Court held that the affirmative action program was permissible, in that Title VII did not prohibit voluntary race-conscious affirmative action plans undertaken to eliminate a manifest racial imbalance, the measure was only temporary, and it did not unnecessarily trammel the rights of white employees.
Difficulty: 3 Hard
Topic: Voluntary Affirmative Action
Learning Objective: 05-05 List the basic safeguards put in place in affirmative action plans to minimize harm to others.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
39) The Supreme Court first dealt with affirmative action in Regents of the University of California vs. Bakke, and this led to questions including all of the following except:
Answer: C
Explanation: The first affirmative action case to reach the U.S. Supreme Court, Regents of the University of California v. Bakke, involved affirmative action in medical school admissions, rather than employment. While endorsing the concept of affirmative action to further the educational goal of a diverse student body, the Court struck down the University of California’s affirmative action plan because it set aside a certain number of places for “disadvantaged students,” who also could compete for the other spaces. This led to questions whether a similar analysis applied (1) if the affirmative action plan involved private rather than state action, (2) if the plan involved a workplace rather than a university admissions program, and (3) whether voluntary affirmative action plans are permissible rather than only those required by Executive Order 11246 or imposed by a court to remedy prior discrimination that was found to have existed.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
40) Reverse discrimination is:
Answer: C
Explanation: Reverse discrimination occurs when a claim is brought by a majority member who feels adversely affected by the use of an employer’s affirmative action plan. When an employer is taking race or gender into account under an affirmative action plan in order to achieve an affirmative action placement goal, someone not in the underrepresented group alleges she or he is harmed by the employer’s consideration of race or gender, or both, in hiring or promotion decisions.
Difficulty: 2 Medium
Topic: “Reverse Discrimination”
Learning Objective: 05-06 Define “reverse discrimination” and tell how it relates to affirmative action.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
41) Nurses at the City Safe Hospital must successfully pass a professionally developed and validated test to be promoted in their jobs. Recently, the hospital discovered that African-American and Hispanic nurses taking the test scored significantly lower than white nurses, and none qualified for promotion. Therefore, based on:
Answer: B
Explanation: Based on Ricci v. DeStefano, the City Safe Hospital should use the test scores in making promotions to avoid reverse discrimination against the white nurses. In the Ricci v. DeStefano case, the U.S. Supreme Court held that fear of a disparate impact claim is not a viable basis for discriminating against majority employees unless the employer can demonstrate a strong evidentiary basis that it would have been liable for disparate impact if it had not taken such action.
Difficulty: 3 Hard
Topic: Affirmative Action Arguments
Learning Objective: 05-07 Explain the arguments of those opposed to affirmative action and those who support it.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
42) Derek, an employee at Ferns Tech Inc., filed a lawsuit against his employer. He claimed that after the introduction of an affirmative action plan at the workplace, his employer mostly promoted female employees, even if they were less qualified for the job. This may be an example of ________.
Answer: D
Explanation: This may be an example of reverse discrimination. Reverse discrimination is a claim brought by a majority member who feels adversely affected by the use of an employer’s affirmative action plan.
Difficulty: 2 Medium
Topic: “Reverse Discrimination”
Learning Objective: 05-06 Define “reverse discrimination” and tell how it relates to affirmative action.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
43) Which of the following is an example of micro-aggression by a majority member against the minority in the workplace?
Answer: A
Explanation: Micro-aggression by the majority against the minority in the workplace includes instances such as not making eye contact with minority or female employees. When experienced on a continuing basis, these kinds of actions create a totally different environment for the minority or female employees than that of those in the majority. They also send a very strong message of noninclusion or even hostility over time.
Difficulty: 2 Medium
Topic: Valuing Diversity/Multiculturalism/Diversity and Inclusion
Learning Objective: 05-08 Explain the concept of valuing diversity/inclusion/multiculturalism and why it is needed, and give examples of ways to do it.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
44) Accepting and appreciating those who are different from the majority, and respecting their contributions to the workplace is known as:
Answer: D
Explanation: Valuing diversity refers to learning to accept and appreciate those who are different from the majority and value their contributions to the workplace. Valuing diversity means being sensitive to and appreciative of differences among groups outside the mainstream and using those differences, coupled with basic human similarities, as a positive force to increase productivity and efficiency and to avoid liability for discrimination.
Difficulty: 2 Medium
Topic: Valuing Diversity/Multiculturalism/Diversity and Inclusion
Learning Objective: 05-08 Explain the concept of valuing diversity/inclusion/multiculturalism and why it is needed, and give examples of ways to do it.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
45) Misconceptions about affirmative action include all of the following except:
Answer: A
Explanation: There are many misconceptions about diversity in the workplace. Some of them are – Affirmative action does not require employers to remove qualified whites and males from their jobs and give these jobs to minorities and women whether or not they are qualified. Affirmative action does not prevent employers from hiring white males who are more qualified for the job. Under affirmative action, an applicant need not simply be a female or a minority to be placed in a job. The law takes the position that any employee who obtains a job under an affirmative action plan be qualified for the job. Workplace productivity and efficiency do not suffer under affirmative action plans.
Difficulty: 2 Medium
Topic: Valuing Diversity/Multiculturalism/Diversity and Inclusion
Learning Objective: 05-08 Explain the concept of valuing diversity/inclusion/multiculturalism and why it is needed, and give examples of ways to do it.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
46) Describe some actions an employer can take to make an effort to include those historically underrepresented in the workplace.
Answer: The actions an employer can take to make an effort to include those historically underrepresented in the workplace include:
Difficulty: 2 Medium
Topic: What is Affirmative Action?
Learning Objective: 05-01 Discuss what affirmative action is and why it was created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
47) AlphaOmega Defense is a federal contractor located in Chicago. It has noticed an underrepresentation of women and minorities in middle- and top-level jobs within the company. Should AlphaOmega adopt an affirmative action plan? If so, what should it consider?
Answer: If AlphaOmega has contracts with the federal government for more than $10,000, it must comply with Executive Order 11246. If it has a nonconstruction contract with the federal government for $50,000 or more, it must have a written affirmative action plan within 120 days of the beginning of the contract. The plan must be developed following the rules set forth in the Code of Federal Regulations. The plan must have quantitative and qualitative components. AlphaOmega must prepare an organization profile and a job group analysis. It must determine if there is an underrepresentation of women and minorities when compared with their availability in the local labor market. It should then develop placement goals to reflect the reasonable availability of women and minorities in the geographic area.
Difficulty: 3 Hard
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
48) Distinguish between quotas and affirmative action placement goals at the workplace.
Answer: Quotas are expressly forbidden. Under affirmative action, employers are expressly not required “to hire a person who lacks qualifications to perform the job successfully, or hire a less qualified person in preference to a more qualified one.” There is no requirement of quotas under Executive Order 11246, whereas affirmative action obligations arise from Executive Order 11246.
By regulation, placement goals, which serve as objectives “reasonably attainable by means of applying every ‘good faith effort’ to make all aspects of the entire affirmative action program work,” do not mean that the underrepresentation is an admission or a finding of discrimination. They are designed to measure progress toward achieving equal employment opportunity and “may not be rigid and inflexible quotas which must be met,” nor a ceiling or floor for employing certain groups.
Placement goals to remedy underrepresentation should not be confused with quotas. As long as an employer can show a legitimate, good faith effort to reach affirmative action placement goals, quotas are not required and will not be imposed as a remedy for underrepresentation.
Difficulty: 2 Medium
Topic: Affirmative Action Plans
Learning Objective: 05-04 Explain when affirmative action plans are required and how they are created.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
49) The RiverHill County Public Library has 516 employees, including 163 librarians. A study reveals that 7 out of 10 supervisors in the library branches are male, although men make up only 25 percent of the branch librarians. In order to increase the number of female librarians at the supervisory level, the library decides to implement an affirmative action plan that would consider gender as one component of the decision when promoting librarians until a point when the imbalance is corrected. Is this affirmative action plan valid? Explain.
Answer: The Supreme Court held in Johnson v. Transportation Agency, Santa Clara County, California that a public employer could consider gender under its voluntary affirmative action plan as one factor of a promotion decision. The court compared this case to the United Steelworkers of America, AFL-CIO v. Weber case, stating that the voluntary affirmative action plan designed to redress a “conspicuous imbalance in traditionally segregated job categories” represented a moderate, case-by-case approach to making a gradual improvement in the representation of women and minorities.
The affirmative action plan will be acceptable if:
Difficulty: 3 Hard
Topic: Voluntary Affirmative Action
Learning Objective: 05-05 List the basic safeguards put in place in affirmative action plans to minimize harm to others.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
50) Why is valuing diversity and inclusion in the workplace important? How should employers contribute to diversity at the workplace?
Answer: Valuing diversity means being sensitive to and appreciative of differences among groups outside the mainstream and using those differences, coupled with basic human similarities, as a positive force to increase productivity and efficiency and to avoid liability for discrimination.
As the concept of valuing diversity has evolved, it has recently also been paired with the concept of inclusion. Simply valuing diversity is not enough. Making employees feel included by realizing the myriad of ways in which they are subtly excluded is an important tool for avoiding liability and being more productive.
In an effort to value diversity and ensure that once employees are hired, the employer maximizes the opportunity, employers do such things as:
Difficulty: 2 Medium
Topic: Valuing Diversity/Multiculturalism/Diversity and Inclusion
Learning Objective: 05-08 Explain the concept of valuing diversity/inclusion/multiculturalism and why it is needed, and give examples of ways to do it.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
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Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
