Question :
46. If the employee departs the organization without following the : 1234382
46. If the employee departs the organization without following the organization’s harassment prevention procedures, can the employee file a complaint with the EEOC?
A) No, the employee must immediately follow the organization’s harassment prevention procedures in order to qualify to file with the EEOC
B) Yes, as long as the complaint is filed in and EEOC office within 180 days of when the harassment occurred.
C) No, since the employee plans to voluntarily terminate the employment relationship, it is too late to file with the EEOC
D) Yes, as long as the complaint is filed in an EEOC office within 180 days of the date employment was terminated.
E. No, however the employee may decide to file with the state agency responsible for charges of discrimination, because they do no have a time constraint on harassment related charges.
47. A manager is suggesting that the company use the results of genetic testing as criteria for promotion to senior technical positions. The company will pay for the testing. Employees who do not agree to the testing will not be offered promotional opportunities. Which of the following is correct?
A) This is legal because the company is paying for the costs associated with the testing, and they will apply the criteria consistently across all employees being considered
B) It cannot be determined if this is legal or illegal because we do not have information that tell us if the criteria is job related or not.
C) This is illegal under ADA because the testing is being imposed on current employees. If it were for outside applicants, it would be illegal
D) This is legal under GINA, because employers are allowed to test current employees, however results of genetic testing cannot be used in decisions regarding applicants.
E) This is illegal under GINA, which prohibits the use of genetic test results being used for firing, or promotional decisions.
48. You are a manager with a U.S. company working in a division of the company that is located in Germany. You report to a Director, who is from Germany. You are due for a raise; however, your manager has indicated that you will only receive the increase in salary if you agree to start dating. Whish of the following is correct.
A) As a U.S. citizen working outside the United States, you are only covered by local law, and if there is no local law, you will need to decide if you really want the raise.
B) U.S. citizens working outside the United States are subject to Title VII and therefore you would be legally protected from the harassment
C) With the exception of the Americans with Disabilities Act, the employees of a U.S. company working outside of the borders of the United States are subject to local law.
D) You have a potential case of sexual harassment, and you will need to return to the United States to file the claim and pursue legal action.
E) Multinational employers are required to engage in mediation to resolve all issues of employment discrimination.
49. As a manager gathering information necessary to determine the validity of a claim of disparate treatment alleged by a current employee, it would be important to consider:
A) The plaintiff’s race, gender, national origin, color and religion
B) Is there evidence of intent?
C) Consistency in decision making criteria, such as scores on an exam, by the company
D) All of the above
E) A and C only
50. What did the Supreme Court say about the use of tests in Griggs v. Duke Power?
A) Tests are legal for selection if used for only entry-level jobs; they are not valid for internal candidates
B) Tests are always illegal if they result in adverse impact, regardless of how performance is related to test results
C) Personality tests cannot be used for selection if they are administered pre-offer
D) Job –relatedness can be an affirmative defense if the test is valid, regardless of adverse impact
A) When employment procedures have a disproportionately negative effect on members of a protected group.
B) The selection rate for a protected group is less than four-fifths (80%) of the rate for the group with the highest selection rate.
C) An employer intentionally discriminates against one or more members of a protected group.
D) An employer is able to demonstrate job relatedness for an employment practice.
E) When an employer claims undue hardship when considering the reasonableness of an accommodation under ADA
52. In the Zimpfer exercise, an ADEA case, the county, for its defense, would need to present
A) The prima facie case.
B) A reasonable factor other than age that was the basis of the decision.
C) Proof that younger employees are preferred by customers.
D Evidence that they never hire older employees because it is inconvenient
E) Evidence of race norming that is supportive of the hiring decision
