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It is not an unfair employment practice to prefer to select or recruit an individual who is a citizen of the U.S.instead of another individual who is a noncitizen.

A) True
B) False

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Match the key issues to the major selection court cases. a.Company must insure that all parts of a multiple-step selection program have no disparate impact b.Company's burden of proof against adverse impact diminishes as human risk increases c.Selection test must be job-related if disparate impact results d.Validation must reflect selection decision practices e.In disability cases, organization must prove that individual cannot perform job f.Company's moral concerns about health of future children is not sufficient to bar women from employment g.Cases focusing on subjective selection devices (e.g., interviews and judgments) could be heard as disparate impact cases -Watson v.Ft.Worth Bank & Trust (1988)

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Demonstrating that not using the selection requirement would result in great cost or loss of business to the firm has generally been found adequate for establishing "business necessity."

A) True
B) False

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Court decisions regarding ADA interpretation must be in line with congressional intent when the law was passed.

A) True
B) False

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Voluntary affirmative action programs are controversial, and can lead to claims of reverse discrimination.

A) True
B) False

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Private clubs are not covered by Title VII of the Civil Rights Act of 1964.

A) True
B) False

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What is the regulatory agency in charge of the enforcement of Title VII?


A) Personnel Fair Contract Compliance Program (PFCCP)
B) Equal Employment Opportunity Commission (EEOC)
C) Interstate Commerce Commission (ICC)
D) Federal Fair Employment Commission (FFEC)

E) A) and C)
F) B) and D)

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An intention to discriminate must be shown to provide evidence for which kind of discrimination?


A) unfair treatment
B) indirect impact
C) disparate impact
D) disparate treatment

E) A) and B)
F) A) and C)

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A lawsuit charging illegal discrimination against homosexuals could be filed under which of the following:


A) Gay and Lesbian Antidiscrimination Act of 2002
B) Executive Order 11246
C) the Fifth or Fourteenth Amendments to the Constitution
D) Civil Rights Act of 1991

E) B) and D)
F) None of the above

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Match the key issues to the major selection court cases. a.Company must insure that all parts of a multiple-step selection program have no disparate impact b.Company's burden of proof against adverse impact diminishes as human risk increases c.Selection test must be job-related if disparate impact results d.Validation must reflect selection decision practices e.In disability cases, organization must prove that individual cannot perform job f.Company's moral concerns about health of future children is not sufficient to bar women from employment g.Cases focusing on subjective selection devices (e.g., interviews and judgments) could be heard as disparate impact cases -Connecticut v.Teal (1982)

Correct Answer

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The Americans with Disabilities Act does not consider mental retardation and specific learning disabilities "mental impairments".

A) True
B) False

Correct Answer

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OFCCP (Office of Federal Contract Compliance Programs) is responsible for the enforcement of the Age Discrimination in Employment Act of 1967.

A) True
B) False

Correct Answer

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What are the three options an employer has for defense in an adverse impact discrimination case?


A) BFOQ (bona fide occupational qualification) , reliability, customer preference
B) business necessity, BFOQ (business-related occupational qualification) , business necessity
C) BFOQ (business firm order quantity) , customer preference, business necessity
D) business necessity, validity, BFOQ (bona fide occupational qualification

E) B) and D)
F) None of the above

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Race norming is the practice of ranking test scores of minorities separately from non-minorities and of choosing high scores within each group in order to create or maintain a more diverse workforce.

A) True
B) False

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In voluntary affirmative action programs, preferential treatment given one group may be interpreted as reverse discrimination by another group.

A) True
B) False

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A "qualified individual with a disability" refers to an individual with a disability that with or without reasonable accommodation can perform the "essential functions" of the job.

A) True
B) False

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An employee or an applicant with a physical or mental limitation (i.e., a disability) must have a "reasonable accommodation" unless it creates "undue hardship" for the business.Which of the following is TRUE about definitions of "reasonable accommodation" and "undue hardship?"


A) Generally, the nature and cost of the accommodation as well as the size, type, and finances of the specific facility and those of the parent employer are considered.
B) The Rehabilitation Act of 1973 specifically defines these terms.
C) The executive order that gives enforcement power to the Department of Labor details such a requirement.
D) Legislative intent outlined in the Federal Register makes clear what is meant by these terms.

E) A) and B)
F) A) and C)

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The legal burdens for both plaintiffs and defendants are the same regardless of whether the case is heard as a disparate impact or a disparate treatment case.

A) True
B) False

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Homosexuality is considered a disability according to the Americans with Disabilities Act.

A) True
B) False

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Employers may ask that individuals with disabilities request in advance any accommodations necessary to take employment tests.

A) True
B) False

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