MGT 434/MGT434 WEEK 5 FINAL EXAMINATION

1.  The Civil Rights Act of 1964

A. amended the Civil Rights Act of 1866 to permit jury trials in employment discrimination cases.

B. brought an end to the Viet Nam war.

C. created the legal basis for non-discrimination in housing, education, public accommodations, and employment.

D. overruled Brown V. Topeka Board of Education.

 2.  Title VII protections apply to:

A.        managerial employees

B.        non-managerial salaried employees

C.        hourly wage employees

D.        all of the above

  3. for hostile environment sexual harassment to exist, the offending activity:

 A.        must occur at least yearly over a five year period.

 B.        need only occur once.

 C.        must be frequent and/or intensely offensive.

 D.        frequency is not a necessary criterion regarding hostile environment sexual harassment.

 4.  In order to be afforded constitutional and/or statutory protections, the complainant must:

A.        be a member of an organized religious denomination

B.        be a member of a religious denomination that the employer is familiar with

C.        show a sincerely held religious belief even without proving membership in a specific religious denomination

D.        none of the above

 5. Under the ADA, an individual

A.        is disabled if the individual has an impairment that substantially limits one or more of the major life activities.

B.        is disabled only if the individual has an impairment that substantially limits all major life activities.

C.        Is disabled if he suffers from any medically recognized disorder.

D.        Is presumed to be disabled unless an employer or prospective employer can prove otherwise.

 6. Peter is a 65 year old black man. He is a licensed pilot and is in perfect health. Peter has applied to Flying High Airlines, and his application has been rejected.

 A.        if he can show that the job remained open after his rejection, disparate treatment can be shown.

B.        Flying High has the right to hire anyone that they please because it's a private company.

C.        Flying High will not have been deemed to have discriminated against Peter if they can evidence a valid BFOQ that disqualifies Peter.

D.        disparate treatment is automatically evidenced because Peter belongs to a protected group.

 7. An employer's duty to accommodate the religious practices of an employee is limited by

A.        the concepts of reasonableness and undue hardship

B.        the degree to which the religion involved is widely recognized.

C.        the First and Fourteenth Amendments to the U.S. Constitution

D.        the Free Exercise Clause

  8. Lori works for a national restaurant chain and has been discriminated against by her employer.

A.        Lori must first bring her action through the EEOC.

B.        Lori must first bring her action through the appropriate state court.

C.        Lori must first bring her action through the appropriate federal court.

D.        Lori has the option of initiating her claim through either the EEOC or a state or federal court..

 9. The ADEA

A.        protects all individuals against age discrimination.

B.        protects all employees who are at least 40 years of age, against age discrimination.

C.        protects all employees who are less than 40 years of age, against age discrimination.

D.        protects all employees who are between the ages of 40 and 70.

 10. Which of the following is not a belief that may require accommodation by the employer:

A.        being a vegetarian

B.        wearing a required head covering

C.        refusal to work on the Sabbath

D.        all of the above may rise to the level of requiring an accommodation.

11. Mike wants a divorce. He has read in a magazine that men tend to get more favourable settlements when they have a female attorney. Mike goes into a large firm with a 13 member domestic relations department (8 men and 5 women) and asks to speak with female attorneys only. If the law firm complies with his request:

A.        there may be a Title VII gender discrimination issue because the firm might be construed as hindering the opportunities of male attorneys.

B.        there is no discrimination because the customer/client has stated a valid reason

C.        there is no discrimination because the law is still a predominantly male dominated industry so males have no standing to sue in this situation.

D.        there may be a Title VII issue based on gender-plus discrimination issues.

 12. Title VII

A.        prohibits discrimination and affirmative action.

B.        prohibits discrimination but requires reverse discrimination.

C.        prohibits discrimination and requires affirmative action.

D.        prohibits discrimination and permits affirmative action.

 13. In Rowe v. General Motors Corp., three black employees sued claiming that foreman-based recommendations used for promotions were unlawful and racially discriminating. The court did not find:

A.        that the foremen were given no direction in terms of what qualities to look for regarding promotions

B.        that blacks may have been hindered in obtaining satisfactory recommendations.

C.        that Title VII requires that procedures used be fair in both form and in operation.

D.        that there was a pattern of discrimination against black employees evidencing a clear intent to create a situation resulting in a disparate impact

 14.  An employer who fails to properly investigate potential employees may be liable to injured third parties under the following legal theory:

 A.        OSHA

 B.        Workers Compensation

 C.        Negligent Hiring

 D.        Assault

  15. Acir Manufacturing Company runs a plant in the worst part of town. Despite adequate lighting and security patrolling the parking lot, it is still considered very dangerous to walk to or from your car at night. The plant operates 3 shifts and is open 24 hours a day. Due to the high risk, women are only hired for the 8:00 am to4:00 pm shift.

A.        the company has a right, if not a duty, to maintain this hiring policy to protect its female employees.

B.        women should be at home at night so no true discrimination exists.

C.        since the hours don't relate to a true ability to do the job, Acir is discriminating.

D.        safety, in terms of walking through the parking lot, is a valid BFOQ of the job so there is no discrimination.

 16. The Family and Medical Leave Act applies to:

A.        all employees of all businesses

B.        employees who have worked for a company for 12 months, regardless of hours worked.

C.        employees who have worked for a company for 12 months, and have worked a minimum of 1250 hours during that time

D.        employees who have worked a total of 1250 hours, regardless of the duration of their employment

 17. The law requires that unions and management bargain:

A.        until a resolution is reached.

B.        until the union is satisfied.

C.        until management is satisfied.

D.        in good faith

 18. Philip has been employed at his company for 3 years. The new head of human resources wants all employees to agree to waivers allowing the company to search the employee's hard drives for illegal and/or anti-company material without exposing the company to liability:

A.        they can force Philip to sign the waiver as a condition of employment.

B.        the waiver will only be valid if Philip is given consideration in exchange for his waiver.

C.        as long as the waiver is voluntary, consideration is not required.

D.        waivers of privacy rights are void, consideration or not, due to violations of public policy constraints.

 19. An accommodation, under ADA, is reasonable if:

A.        it is feasible.

B.        it has been provided by other employers.

C.        it does not cause a burden on the employer.

D.        it does not cause an undue burden on the employer.

20. In terms of sexual harassment, an employer is liable for the following:

A.        acts of a supervisory employee only should the employer know or should have known that harassment was occurring.

B.        acts of a supervisory employee whether or not the employer knew or should have known that harassment was occurring.

C.        acts of a non-supervisory employee whether or not the employer knew or should have known that harassment was occurring.

D.        employers are always liable for any sexual harassment that occurs regardless of who the harasser is or what they knew or should have known.