Test Bank For Human Resource Management, 16th Edition by Gary Dessler - eBookon (2022)

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Human Resource Management, 16e (Dessler)
Chapter 2 Equal Opportunity and the Law

1) Which amendment to the U.S. Constitution states that “no person shall be deprived of life,
liberty, or property, without due process of the law”?
A) First Amendment
B) Fifth Amendment
C) Tenth Amendment
D) Thirteenth Amendment
Answer: B
Explanation: The Fifth Amendment to the U.S. Constitution (ratified in 1791) states that “no
person shall be deprived of life, liberty, or property, without due process of the law.” The
Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial
discrimination.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
2) The ________ Amendment to the U.S. Constitution outlawed slavery, and courts have held
that it bars racial discrimination.
A) Fifth
B) Tenth
C) Thirteenth
D) Fourteenth
Answer: C
Explanation: The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it
bars racial discrimination. The Fifth Amendment to the U.S. Constitution (ratified in 1791) states
that “no person shall be deprived of life, liberty, or property, without due process of the law.”
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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3) The 13th Amendment to the U.S. Constitution addresses the subject of ________.
A) due process
B) slavery
C) private property
D) trial by jury
Answer: B
Explanation: The 13th Amendment to the U.S. Constitution abolished slavery, and courts have
held that it bars racial discrimination.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
4) The ________ gives all persons the same right to make and enforce contracts and to benefit
from the laws of the land.
A) Fifth Amendment
B) Civil Rights Act of 1866
C) Title VII of the 1964 Civil Rights Act
D) Thirteenth Amendment
Answer: B
Explanation: The Civil Rights Act of 1866 gives all persons the same right to make and enforce
contracts and to benefit from U.S. laws. The Fifth Amendment to the U.S. Constitution (ratified
in 1791) states that “no person shall be deprived of life, liberty, or property, without due process
of the law.” The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it
bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers cannot
discriminate based on race, color, religion, sex, or national origin.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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5) Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination
based on all of the following characteristics EXCEPT ________.
A) race
B) religion
C) color
D) sexual orientation
Answer: D
Explanation: Sexual orientation is not directly addressed under Title VII of the 1964 Civil
Rights Act. It states that an employer cannot discriminate based on race, color, religion, sex, or
national origin. Title VII bars discrimination on the part of most employers both public and
private with 15 or more employees.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
6) According to Title VII of the 1964 Civil Rights Act, which one of the following employers
would be legally allowed to refuse employment to an individual based on race, religion, or sex?
A) a state agency with 65 employees
B) a medical office with 25 employees
C) a local restaurant with 10 employees
D) a department store with 100 employees
Answer: C
Explanation: Title VII bars discrimination on the part of most employers, including all public
and private employers of 15 or more persons. It also covers all private and public educational
institutions, the federal government, and state and local governments.
Difficulty: Moderate
Objective: 1
AACSB: Application of Knowledge
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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7) Which legislation was responsible for the creation of the Equal Employment Opportunity
Commission?
A) Equal Pay Act of 1963
B) Civil Rights Act of 1866
C) Executive Orders 11246 and 11375
D) Title VII of the 1964 Civil Rights Act
Answer: D
Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to
administer and enforce the Civil Rights law at work. The commission itself consists of five
members appointed by the president with the advice and consent of the Senate. Executive Orders
11246 and 11375 established the Office of Federal Contract Compliance Programs.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
8) The EEOC was initially established to investigate complaints about ________.
A) job discrimination
B) unfair business practices
C) sexual harassment in schools
D) structural accommodations for disabled people
Answer: A
Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to
administer and enforce the Civil Rights law at work. The EEOC receives and investigates job
discrimination complaints from aggrieved individuals.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
9) How many members serve on the Equal Employment Opportunity Commission?
A) 3
B) 5
C) 9
D) 10
Answer: B
Explanation: The Equal Employment Opportunity Commission (EEOC) consists of five
members appointed by the president with the advice and consent of the Senate. Each member
serves a five-year term.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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10) Which one of the following appoints the members of the EEOC?
A) U.S. Congress
B) U.S. Supreme Court
C) U.S. President
D) U.S. voters
Answer: C
Explanation: The EEOC consists of five members appointed by the president with the advice
and consent of the Senate. Each member serves a five-year term.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
11) Which one of the following requires equal pay for equal work regardless of sex?
A) Title VII of the 1964 Civil Rights Act
B) Equal Pay Act of 1963
C) Pay Discrimination in Employment Act of 1967
D) Civil Rights Act of 1991
Answer: B
Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate
in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and
responsibility; and are performed under similar working conditions.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
12) When companies utilize ________, they take steps to eliminate the present effects of past
discrimination.
A) affirmative action
B) executive orders
C) rehabilitation
D) due process
Answer: A
Explanation: Affirmative action refers to steps that are taken by companies for the purpose of
eliminating the present effects of past discrimination.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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13) Which one of the following is responsible for implementing Johnson administration
Executive Orders 11246 and 11375?
A) Equal Employment Opportunity Commission
B) Pension Benefits Guarantee Corporation
C) Occupational Safety and Health Administration
D) Office of Federal Contract Compliance Programs
Answer: D
Explanation: The Johnson administration (1963-1969) issued Executive Orders 11246 and
11375 which didn’t just ban discrimination but also required that government contractors with
contracts of over $50,000 and 50 or more employees take affirmative action to ensure
employment opportunity for those who may have suffered past discrimination. These orders
established the Office of Federal Contract Compliance Programs (OFCCP) to implement the
orders and ensure compliance.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
14) Which one of the following factors is NOT an acceptable basis for different pay for equal
work under the Equal Pay Act of 1963?
A) gender
B) seniority
C) production quality
D) production quantity
Answer: A
Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate
in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and
responsibility; and are performed under similar working conditions. Pay differences derived from
seniority systems, merit systems, and systems that measure earnings by production quantity or
quality or from any factor other than sex do not violate the act.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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15) Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely
intended to protect Paul from discrimination?
A) Executive Order 11375
B) Equal Pay Act of 1963
C) Executive Order 11246
D) Age Discrimination in Employment Act of 1967
Answer: D
Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to
discriminate against employees or applicants who are between 40 and 65 years of age.
Difficulty: Moderate
Objective: 1
AACSB: Application of Knowledge
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
16) According to the Age Discrimination in Employment Act of 1967, it is unlawful to
________.
A) sue an employer for age-based pay
B) require employees to retire at age 65
C) allow juries to determine age discrimination
D) institute a minimum age for employees
Answer: B
Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to
discriminate against employees or applicants who are between 40 and 65 years of age.
Subsequent amendments eliminated the age cap, effectively ending most mandatory retirement at
age 65.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
17) The ________ requires certain federal contractors to take affirmative action for disabled
persons.
A) Equal Pay Act
B) Vocational Rehabilitation Act
C) Age Discrimination in Employment Act
D) Civil Rights Act
Answer: B
Explanation: The Vocational Rehabilitation Act of 1973 requires employers with federal
contracts of more than $2,500 to take affirmative action in employing disabled persons. It does
not require hiring unqualified people.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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18) Which one of the following refers to highly recommended procedures issued by federal
agencies regarding employee selection and record keeping?
A) job specifications
B) employment metrics
C) process charts
D) uniform guidelines
Answer: D
Explanation: Uniform guidelines are issued by federal agencies charged with ensuring
compliance with equal employment federal legislation explaining recommended employer
procedures for complying with the law. They set forth “highly recommended” procedures
regarding things like employee selection and record keeping.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
19) Which one of the following does NOT participate in the issuance of uniform guidelines?
A) Department of Labor
B) Better Business Bureau
C) Department of Justice
D) Civil Service Commission
Answer: B
Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of
Justice together issue uniform guidelines. These set forth “highly recommended” procedures
regarding things like employee selection and record keeping.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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20) Uniform guidelines from the EEOC are recommended for employers to use in matters
regarding all of the following EXCEPT ________.
A) employee selection
B) record keeping
C) sexual harassment
D) psychological testing
Answer: D
Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of
Justice together issue uniform guidelines. These set forth “highly recommended” procedures
regarding things like employee selection and record keeping. The American Psychological
Association has its own non-legally binding Standards for Educational and Psychological
Testing.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
21) Which Supreme Court case was used to define unfair discrimination in conjunction with
EEO laws?
A) Brown v. Board of Education
B) Griggs v. Duke Power Company
C) West Coast Hotel Co. v. Parrish
D) Abington School District v. Schempp
Answer: B
Explanation: Griggs v. Duke Power Company was a landmark Supreme Court case used to
define unfair discrimination as put forth in EEO laws such as Title VII. The Court ruled that
employment practices must be job related and that discrimination does not have to be overt to be
illegal.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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22) In Griggs v. Duke Power Company, Griggs sued the power company because it required coal
handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because
________.
A) high school diplomas were not related to success as a coal handler
B) Duke Power Company intentionally discriminated based on race
C) no business necessity existed for Duke Power Company
D) Title VII forbids job testing
Answer: A
Explanation: The Court ruled in favor of Griggs because having a high school diploma was not
relevant to the job of coal handler. The Court held that an employment practice must be job
related if it has an unequal impact on members of a protected class.
Difficulty: Hard
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
23) If a person is in a protected class, he or she is protected by which one of the following?
A) Department of Labor guidelines
B) Sarbanes-Oxley Act
C) Title VII of the Civil Rights Act
D) Consumer Protection Act
Answer: C
Explanation: The term protected class refers to persons such as minorities and women who are
protected by equal opportunity laws, including Title VII.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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24) All of the following are principles established by Griggs v. Duke Power Company EXCEPT
________.
A) burden of proof is on the employer
B) performance standards should be unambiguous
C) business necessity is a defense for an existing program
D) discrimination does not have to be overt to be illegal
Answer: B
Explanation: The Court ruled in Griggs v. Duke Power Company that the burden of proof is on
the employer to show that a hiring practice such as testing is job related. The Court also ruled
that business necessity is the defense for any existing program that has adverse impact and that
discrimination does not have to be overt to be illegal. The case did not address performance
standards.
Difficulty: Hard
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
25) Under the principles established by Griggs v. Duke Power Company, ________ can be used
as a defense for any existing program that has adverse impact.
A) occupational qualification
B) business necessity
C) affirmative action
D) burden of proof
Answer: B
Explanation: Business necessity is the defense for any existing program that has adverse impact
according to Griggs. The court did not define business necessity.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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26) Which court case provided details regarding how employers could validate the relationship
between screening tools and job performance?
A) Oncale v. Sundowner Offshore Services Inc.
B) Albemarle Paper Company v. Moody
C) Griggs v. Duke Power Company
D) Burlington Industries v. Ellerth
Answer: B
Explanation: In the Albemarle case, the Court provided more details on how employers could
prove that tests or other screening tools relate to job performance. For example, the Court said
that if an employer wants to test candidates for a job, then the employer should first clearly
document and understand the job’s duties and responsibilities.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
27) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual
harassment by Jill, who is a former Sanders employee. The plaintiff asserts that she was the
victim of numerous unwanted sexual advances from a male co-worker, John. Jill claims that
Sanders’ management condoned a hostile work environment and that the company is liable for
the actions of John.
All of the following are most likely relevant questions to address in this court case EXCEPT
________.
A) Does Sanders have a record of employees who claim disparate treatment in the workplace?
B) Did Sanders take reasonable care to prevent sexual harassment in the workplace?
C) Does Sanders have a policy statement regarding sexual harassment?
D) Did Jill take advantage of any corrective opportunities provided by the employer?
Answer: A
Explanation: Disparate treatment relates to intentional discrimination, which is not directly
important in this case. Firms decrease their liability in sexual harassment cases if they show that
they have taken reasonable care to prevent sexual harassment through various actions, such as
issuing a policy statement. Whether the co-worker is a U.S. citizen and Sanders is a U.S. entity
are important in determining whether EEO laws are applicable.
Difficulty: Hard
Objective: 2
AACSB: Application of Knowledge
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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28) The 13th Amendment to the U.S. Constitution states, “no person shall be deprived of life,
liberty, or property, without due process of the law.”
Answer: FALSE
Explanation: The 13th Amendment outlawed slavery. The Fifth Amendment states that “no
person shall be deprived of life, liberty, or property, without due process of the law.”
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
29) The 14th Amendment to the U.S. Constitution led to the establishment of the EEOC.
Answer: FALSE
Explanation: Title VII of the 1964 Civil Rights Act established the Equal Employment
Opportunity Commission to administer and enforce the Civil Rights law at work.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
30) Title VII of the 1964 Civil Rights Act bars discrimination on the part of most employers,
including all public employers or private employers of 15 or more persons.
Answer: TRUE
Explanation: Title VII bars discrimination on the part of most employers, including all public or
private employers of 15 or more persons, all private and public educational institutions, the
federal government, and state and local governments.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
31) The EEOC receives and investigates job discrimination complaints from aggrieved
individuals.
Answer: TRUE
Explanation: The Equal Employment Opportunity Commission receives and investigates job
discrimination complaints from aggrieved individuals. When the EEOC finds reasonable cause
that the charges are justified, it attempts (through conciliation) to reach an agreement. If this
fails, it can go to court.
Difficulty: Easy
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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32) Only an aggrieved individual can file job discrimination charges against a business.
Answer: FALSE
Explanation: The EEOC may file discrimination charges on behalf of aggrieved individuals, or
the individuals may file on behalf of themselves.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
33) The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate
against employees of federal, state, and local agencies who are between 40 and 65 years of age;
however, the law does not apply to private businesses.
Answer: FALSE
Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to
discriminate against employees or applicants who are between 40 and 65 years of age. ADEA
applies to all employers, not just government agencies.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
34) The Supreme Court has held that an employee who is over 40 may sue for discrimination if
he or she is replaced by a “significantly younger” employee, even if the replacement is also over
40.
Answer: TRUE
Explanation: You can’t get around the ADEA by replacing employees over 40 years of age with
those who are also over 40. In O’Connor v. Consolidated Coin Caterers Corp., the U.S. Supreme
Court held that an employee who is over 40 years of age might sue for discrimination if a
“significantly younger” employee replaces him or her, even if the replacement is also over 40.
The Court didn’t specify what “significantly younger” meant, but O’Connor had been replaced by
someone 16 years younger.
Difficulty: Hard
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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35) If a business offers its employees disability coverage, then pregnancy and childbirth must be
treated like any other disability and included in the plan as a covered condition.
Answer: TRUE
Explanation: The Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth,
or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in
any term or condition of employment. Furthermore, under the act, if an employer offers its
employees disability coverage, then it must treat pregnancy and childbirth like any other
disability and include it in the plan as a covered condition.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.
36) Title VII forbids all testing of job applicants because testing systematically discriminates
against certain protected classes.
Answer: FALSE
Explanation: The Supreme Court ruled that an employment practice, such as testing, must be job
related if it has an unequal impact on members of a protected class. Title VII does not forbid
testing or screening job applicants but it requires that the test/screen is relevant to performing the
job.
Difficulty: Moderate
Objective: 1
AACSB: Analytical Thinking
Learning Outcome: 2.1 List the basic features of Title VII of the 1964 Civil Rights Act and at
least five other early equal employment laws.

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