Human resource management gaining a competitive advantage 9th edition test bank solutions

Human Resource Management Gaining A Competitive Advantage 9th Edition Test Bank Solutions Chapter 03 The Legal Environment: Equal Employment Opportunity and Safety True / False Questions Each branch of the U.S government (legislature, executive, and judiciary) has its own area of authority, and these areas not overlap True The United States president has the power to veto any law passed by Congress True False False The National Labor Relations Board (NLRB) is a quasi-judicial agency True False 3-1 Section 1982 of the Civil Rights Act granted all persons the same property rights as white citizens True The benefits of the Pregnancy Discrimination Act are limited to married women who are pregnant True False False Conditions such as obesity and substance abuse are covered under the Americans with Disabilities Act True False Executive Order 11478 prohibits discrimination based on race, color, religion, sex, and national origin and applies only to federal contractors and subcontractors True False The Equal Employment Opportunity Commission has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines True False Individuals who feel they have been discriminated against must file a complaint with the EEOC at any time after the incident True False 10 As per the Lilly Ledbetter Fair Pay Act, an "illegal act" occurs when a discriminatory compensation decision is adopted True False 3-2 11 Disparate treatment exists when individuals in similar situations are treated differently and the different treatment is based on an individual's race, color, religion, sex, national origin, age, or disability status True False 12 In a prima facie disparate treatment case, the defendant in a disparate treatment case has the burden of proving that the plaintiff was wrong in suing him True False 13 A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is known as a bona fide occupational qualification True False 14 In a mixed-motive case, the plaintiff acknowledges that some discriminatory motive existed but argues that the same hiring decision would have been reached even without the discriminatory motive True False 15 Under the four-fifths rule, disparate treatment occurs if the hiring rate of a minority group is less than 45 percent of the hiring rate for the majority group True False 16 The standard deviation rule uses the mode of the distribution to determine disparate impact True False 17 Reasonable accommodation simply requires an employer to refrain from committing discriminatory acts True False 3-3 18 Under disability claims, the plaintiff must show that he/she is a qualified applicant with a disability and that adverse action was taken by a covered entity True False 19 Title VII of the Civil Rights Act of 1964 provides that employers cannot retaliate against employees for opposing a perceived illegal employment practice True False 20 Quid pro quo harassment occurs when some kind of benefit or punishment is made contingent on an employee's submitting to sexual advances True False 21 Having pictures of naked women posted in the workplace is actionable under Title VII of the Civil Rights Act True False 22 Affirmative action programs are used to eliminate discrimination in the workplace and increase minority representation True False 23 The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Health True False 24 The provision of the Occupational Health and Safety Act that states that an employer has an overall obligation to furnish employees with a place of employment free from recognized hazards is known as the general duty clause True False 3-4 25 The job hazard analysis technique is a breakdown of each job into basic elements, each of which is rated for its potential for harm or injury True False Multiple Choice Questions 26 Which of the following amendments is called the equal protection clause? A Fourteenth Amendment B Sixteenth Amendment C Eighteenth Amendment D Twentieth Amendment E Third Amendment 27 Which of the following is a part of the U.S government's executive branch? A District Courts B Committee on Indian Affairs C Select Committee on Ethics D The Congress E The president 28 The legislative branch of the federal government: A functions under the authority and supervision of the president B has no say in the appointment of judges by the president C consists of the House of Representatives and the Senate D enforces the laws that are passed in the United States E adjudicates cases pertaining to civil issues 3-5 29 The executive branch of the federal government: A consists of bodies like the Select Committee on Ethics B consists of the House of Representatives and the Senate C adjudicates criminal cases D passes laws such as the Civil Rights Act E consists of the president and the many regulatory agencies the president oversees 30 The _ has the power to veto any law passed by Congress A President pro tempore of the Senate B Secretary of State C Attorney general D President of the United States E Speaker of the House 31 Which of the following directives can be issued by the president? A Constitutional amendment B Judicial decision C Legislation D Executive order E Legislative bill 32 Executive order 11246, signed by President Lyndon Johnson, required all federal contractors and subcontractors to: A deny payments to private contractors based on the availability of money B pay taxes for the capital goods exported from other countries for operation C form and implement private laws that are consistent with the constitution D engage in affirmative action programs to hire and promote minorities E refrain from exporting their services to projects in foreign countries 3-6 33 Which of the following serves as the court of final appeal? A Circuit court B Supreme Court C Court of appeals D State court E District court 34 Which of the following amendments abolished slavery in the United States? A Fourth Amendment B First Amendment C Fifteenth Amendment D Thirteenth Amendment E Fourteenth Amendment 35 Which of the following is an example of a quasi-judicial body? A National Security Agency B Senate C Court of Appeals D District Court E National Labor Relations Board 36 If neither party is satisfied with the National Labor Relations Board's decision, the parties can take the case to the _ for review A Court of Appeals B District Court C Senate D House of Representatives E Secretary of State 3-7 37 Section 1982 of the Civil Rights Act passed in 1886 granted all persons the _ A same property rights as white citizens B right to carry weapons for self-defense C right to sue governmental authorities D freedom to elect members of Parliament E freedom from cruel and unusual punishments 38 Section 1981 of the Civil Rights Act of 1866 granted individuals the _ A freedom from cruel and unusual punishments B right to carry weapons for self-defense C right to sue governmental authorities D right to enter into and enforce a contract E freedom to elect members of Parliament 39 Which of the following legislations mandates affirmative action in the employment of individuals with disabilities? A Rehabilitation Act of 1973 B Lilly Ledbetter Fair Pay Act C Pregnancy Discrimination Act D Pendleton Act E Civil Rights Act of 1871 3-8 40 Which of the following congressional legislations requires contractors and subcontractors that receive more than $2,500 annually from the federal government to engage in affirmative action for individuals with disabilities? A Title VII of the Civil Rights Act B Equal Pay Act C Vietnam Era Veteran's Readjustment Act D Vocational Rehabilitation Act E Pregnancy Discrimination Act 41 Which of the following states that it is illegal for an employer to refuse to hire an individual or otherwise discriminate against this individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin? A Unlawful Corporate Payments Act of 1977 B Federal Employers' Liability Act C Executive Order 11246 D Executive Order 1148 E Title VII of the Civil Rights Act of 1964 42 The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees over the age of _ A 30 B 35 C 40 D 18 E 15 3-9 43 Which of the following is responsible for enforcing the Age Discrimination in Employment Act? A Equal Employment Opportunity Commission B Office of Federal Contract Compliance Programs C U.S Department of Commerce D Independent Regulatory Commission E U.S Department of Labor 44 The Vocational Rehabilitation Act of 1973 is enforced by the _ A Office of Federal Contract Compliance Programs B U.S Department of Health C Equal Employment Opportunity Commission D U.S Department of Commerce E Employment Standards Administration of the Department of Labor 45 Under the Americans with Disabilities Act of 1990, what is the damage limit for a firm that employs 14 to 100 employees? A $30,000 B $150,000 C $50,000 D $450,000 E $200,000 46 Which of the following is considered a disability under the Americans with Disabilities Act? A Cosmetic disfigurement B Obesity C Substance abuse D Eye color E Lefthandedness 3-10 85 The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the _ A Department of Health B National Institute for Occupational Safety and Health C Centre for Disease Control and Prevention D Occupational Safety and Health Review Commission E Department of Labor The Occupational Safety and Health Act assigned the responsibility for inspecting employers, applying the standards, and levying fines to the Department of Labor The Department of Health was assigned responsibility for conducting research to determine the criteria for specific operations or occupations and for training employers to comply with the act AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: The Occupational Safety and Health Act 3-101 86 The main provision of the Occupational Safety and Health Act states that each employer should furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm This is referred to as the: A general duty clause B employer clause C employee clause D first aid clause E national consensus clause The main provision of OSHA states that each employer has a general duty to furnish each employee a place of employment free from recognized hazards that cause or are likely to cause death or serious physical harm This is referred to as the general duty clause AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: The Occupational Safety and Health Act 3-102 87 Bloom Corp is a firm whose workers work in an old facility; its employees request a government inspection to ensure that they are not exposed to any hazardous materials while working in the facility Which of the following acts gives them the right to so? A Rehabilitation Act B Civil Rights Act C Occupational Safety and Health Act D Equal Pay Act E Title VII of Civil Rights Act As per the Occupational Safety and Health Act, employees have the right to: (1) request an inspection, (2) have a representative present at an inspection, (3) have dangerous substances identified, (4) be promptly informed about exposure to hazards and be given access to accurate records regarding exposures, and (5) have employer violations posted at the work site AACSB: Reflective Thinking Accessibility: Keyboard Navigation Blooms: Apply Difficulty: Medium Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: The Occupational Safety and Health Act 3-103 88 The Occupational Safety and Health Act requires employers to keep records of deaths, injuries, and illnesses if they have _ or more full-time or part-time employees A 100 B 50 C 51 D 11 E 25 During an Occupational Safety and Health Act (OSHA) inspection, the compliance officer reviews the employer's records of deaths, injuries, and illness OSHA requires this kind of record keeping from all firms with 11 or more full- or part-time employees AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: The Occupational Safety and Health Act 3-104 89 The _ breaks down each job into basic elements and rates each of the elements for its potential for harm or injury A technic of operations review B domino analysis C multilinear events sequencing D change analysis E job hazard analysis technique Employees, supervisors, and other knowledgeable sources need to sit down and discuss potential problems related to safety The job hazard analysis technique is one means of accomplishing this With this technique, each job is broken down into basic elements, and each of these is rated for its potential for harm or injury AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: Safety Awareness Programs 3-105 90 The _ is an analysis methodology that helps managers determine which specific element of a job led to a past accident A domino analysis B technic of operations review C job hazard analysis technique D multilinear events sequencing E change analysis The technic of operations review (TOR) is an analysis methodology that helps managers determine which specific element of a job led to a past accident The first step in a TOR analysis is to establish the facts surrounding the incident AACSB: Analytic Accessibility: Keyboard Navigation Blooms: Remember Difficulty: Easy Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: Safety Awareness Programs Essay Questions 3-106 91 Discuss the roles and responsibilities of the legislative branch, the executive branch, and the judicial branch The legislative branch: This branch of the federal government consists of the House of Representatives and the Senate These bodies develop and pass laws that govern many human resource management activities Most of the laws stem from a perceived societal need The executive branch: The executive branch consists of the president of the United States and the many regulatory agencies the president oversees Although the legislative branch passes the laws, the executive branch affects these laws in many ways The president: (1) can propose bills to Congress that, if passed, would become laws, (2) has the power to veto laws passed by Congress, (3) through the control of regulatory agencies within his/her authority, can influence what types of violations are pursued, (4) can issue executive orders, and (5) appoints all the judges in the federal judicial system, subject to the approval of the legislative branch The judicial branch: This branch consists of the federal court system, which is made up of three levels: (1) U.S District Courts and quasi-judicial administrative agencies, (2) U.S Courts of Appeals, and (3) the U.S Supreme Court The judicial branch interprets and enforces the laws AACSB: Analytic Blooms: Understand Difficulty: Medium Learning Objective: 03-01 Identify the three branches of government and the role each plays in influencing the legal environment of human resource management Topic: The Legal System in the United States 3-107 92 Discuss the three major responsibilities of the Equal Employment Opportunity Commission The Equal Employment Opportunity Commission (EEOC) has three major responsibilities: investigating and resolving discrimination complaints, gathering information, and issuing guidelines (1) Investigation and resolution: Individuals who feel they have been discriminated against must file a complaint with the EEOC or a similar state agency within 180 days of the incident Once the complaint is filed, the EEOC takes responsibility for investigating the claim of discrimination (2) Information gathering: Each year, organizations with 100 or more employees must file a report (EEO-1) with the EEOC that provides the number of women and minorities employed in nine different job categories The EEOC computer analyzes these reports to identify patterns of discrimination that can then be attacked through class-action suits (3) Issuance of guidelines: A third responsibility of the EEOC is to issue guidelines that help employers determine when their decisions are violations of the laws enforced by the EEOC These guidelines are not laws themselves, but the courts give great deference to them when hearing employment discrimination cases AACSB: Analytic Blooms: Understand Difficulty: Medium Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws Topic: Equal Employment Opportunity Commission 3-108 93 What are the components of an affirmative action plan? An affirmative action plan has the following three basic components: (1) Utilization analysis: This compares the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply (2) Goals and timetables: These specify the percentage of women and minorities that an employer seeks to have in each job group and the date by which that percentage is to be attained (3) Action steps: This is a list of the things that an organization will take toward attaining its goals AACSB: Analytic Blooms: Remember Difficulty: Easy Learning Objective: 03-03 Discuss the roles; responsibilities; and requirements of the federal agencies responsible for enforcing equal employment opportunity laws Topic: Office of Federal Contract Compliance Programs 3-109 94 Distinguish between disparate treatment and disparate impact Disparate treatment exists when individuals in similar situations are treated differently, and the differential treatment is based on the individual's race, color, religion, sex, national origin, age, or disability status If two people with the same qualifications apply for a job and the employer decides whom to hire based on one individual's race, the individual not hired is a victim of disparate treatment Disparate impact occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities A facially neutral employment practice is one that lacks obvious discriminatory content yet affects one group to a greater extent than other groups, such as an employment test AACSB: Analytic Blooms: Understand Difficulty: Medium Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations Topic: Types of Discrimination 95 Define the four-fifths rule and the standard deviation rule The four-fifths rule states that a test has disparate impact if the hiring rate for the minority group is less than four-fifths (or 80%) of the hiring rate for the majority group The standard deviation rule uses actual probability distributions to determine adverse impact This analysis uses the difference between the expected representation (or hiring rates) for minority groups and the actual representation (or hiring rate) to determine whether the difference between these two values is greater than would occur by chance AACSB: Analytic Blooms: Remember Difficulty: Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations Topic: Disparate Impact 3-110 96 What are the three things that a plaintiff attempts to show in a class action pattern and practice lawsuit? In showing a class action pattern and practice lawsuit, a plaintiff attempts to show three things: (1) The plaintiff shows some statistical disparities between the composition of some group within the company compared to some other relevant group (2) The plaintiff tries to show that there are individual acts of intentional discrimination that suggest that the statistical disparity is a function of the larger culture (3) The plaintiff usually tries to make the case that the promotion and/or pay procedures leave too much discretion to managers, providing the avenue through which their unconscious biases can play a part AACSB: Analytic Blooms: Remember Difficulty: Easy Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations Topic: Pattern and Practice 97 What is the main point of difference between reasonable accommodation and disparate treatment and disparate impact? Reasonable accommodation differs from disparate treatment and disparate impact in that rather than simply requiring an employer to refrain from some action, reasonable accommodation places a special obligation on an employer to affirmatively something to accommodate an individual's disability or religion AACSB: Analytic Blooms: Understand Difficulty: Medium Learning Objective: 03-04 Identify the three theories of discrimination under Title VII of the Civil Rights Act; and apply these theories to different discrimination situations Topic: Reasonable Accommodation 3-111 98 What are some of the important steps that an organization can follow to ensure a workplace free from sexual harassment? To ensure a workplace free from sexual harassment, an organization can follow some important steps: (1) It can develop a policy statement that makes it very clear that sexual harassment will not be tolerated (2) It can train all employees to identify inappropriate workplace behavior (3) It can develop a mechanism for reporting incidents of harassment (4) Its management can prepare to take prompt disciplinary action with those who commit sexual harassment as well as appropriate action to protect the victims of sexual harassment AACSB: Analytic Blooms: Understand Difficulty: Medium Learning Objective: 03-06 Identify behavior that constitutes sexual harassment and list things that an organization can to eliminate or minimize it Topic: Sexual Harassment 3-112 99 Discuss the four major components of an Occupational Safety and Health Act inspection An Occupational Safety and Health Act (OSHA) inspection has four major components: (1) A compliance officer reviews the employer's records of death, injuries, and illnesses OSHA requires this kind of record keeping from all firms with 11 or more full- or part-time employees (2) The officer, typically accompanied by a representative of the employer (and perhaps by a representative of the employees), conducts a walkaround tour of the employer's premises On this tour, the officer notes any conditions that may violate specific published standards or the less specific general duty clause (3) The officer may conduct employee interviews during the tour At this time, any person who is aware of a violation can bring it to the attention of the officer (4) The officer holds a closing conference to discuss the findings with the employer, noting any violations If a violation represents imminent danger, the officer may, through the Department of Labor, seek a restraining order from a U.S District Court AACSB: Analytic Blooms: Understand Difficulty: Medium Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: The Occupational Safety and Health Act 3-113 100 Discuss the three primary components to a safety awareness program The three primary components of a safety awareness program are identifying and communicating hazards, reinforcing safe practices, and promoting safety internationally (1) Identifying and communicating job hazards: Employees, supervisors, and other knowledgeable sources need to sit down and discuss potential problems related to safety The job hazard analysis technique is one means of accomplishing this Another means of isolating unsafe job elements is to study past accidents The technic of operations review (TOR) is an analysis methodology that helps managers to determine which specific element of a job led to a past accident Communication of an employee's risk should take advantage of several media Direct verbal supervisory contact is important for its saliency and immediacy Written memos are important because they help establish a "paper trail" that can later document a history of concern regarding the job hazard Posters, especially those placed near the hazard, serve as a constant reminder, reinforcing other messages (2) Reinforcing safe practices: A common technique for reinforcing safe practices is implementing a safety incentive program to reward workers for their support and commitment to safety goals Initially, programs are set up to focus on improving short-term monthly or quarterly goals or to encourage safety suggestions These short-term goals are later expanded to include more wideranging, long-term goals Prizes are typically distributed in highly public forums (like annual meetings or events) These prizes usually consist of merchandise rather than cash because merchandise represents a lasting symbol of achievement (3) Promoting safety internationally: Given the increasing focus on international management, organizations also need to consider how to best ensure the safety of people regardless of the nation in which they operate Cultural differences make this more difficult than it seems AACSB: Analytic Blooms: Understand Difficulty: Medium Learning Objective: 03-07 Identify the major provisions of the Occupational Safety and Health Act (1970) and the rights of employees that are guaranteed by this act Topic: Safety Awareness Programs 3-114 More download links: human resource management gaining a competitive advantage 9th edition test bank human resource management 9th edition noe solutions manual pdf human resource management 9th edition noe test bank human resource management gaining a competitive advantage 9th edition free download human resource management gaining a competitive advantage 10th edition pdf human resource management gaining a competitive advantage 10th edition test bank human resource management gaining a competitive advantage quiz which of the following statements is true of disparate treatment and disparate impact? which legislation mandates affirmative action in the employment of individuals with disabilities? which of the following is responsible for enforcing the age discrimination in employment act? 3-115