Question :
51. The three basic components that must be included in affirmative : 1250988
51. The three basic components that must be included in affirmative action plans include all of the following EXCEPT:
A. utilization analysis.
B. measurement tools.
C. goals and timetables.
D. action steps.
The affirmative action plans have three basic components; namely – utilization analysis, goals and timetables, and action steps.
52. Which of the following is TRUE of goals and timetables?
A. They entail setting aside a specific number of positions to be filled only by members of a particular protected group.
B. Employers usually are able to achieve the goals.
C. Employers who have them tend to increase the employment of protected group members to a greater extent than employers who have not established them.
D. They are required of all employers in the United States.
Goals and timetables are more flexible, requiring only that the employer have specific goals and take steps to achieve those goals.
53. _____ create the written affirmative plan that specifies what an employer plans to do to reduce underutilization of protected groups.
A. Annual audits
B. Utilization analyses
C. Goals and timetables
D. Action steps
Employers with federal contracts must develop a list of action steps they will take toward attaining their goals to reduce underutilization.
54. Which of the following is NOT something that the OFCCP can do if it finds that an employer is not complying with Executive Order 11246?
A. Fine the employer
B. Advise the Department of Justice to bring criminal proceedings
C. Request the Secretary of Labor to cancel or suspend any current government contracts the employer holds
D. Forbid the firm from bidding on future government contracts
If the OFCCP finds that the contractors or subcontractors are not complying with the executive order, then its representatives may notify the EEOC (if there is evidence that Title VII has been violated), advise the Department of Justice to institute criminal proceedings, request that the Secretary of Labor cancel or suspend any current contracts, and forbid the firm from bidding on future contracts.
55. Which of the following is NOT one of the three theories of discrimination as stated by Title VII of the Civil Rights Act?
A. Prima facie
B. Disparate treatment
C. Disparate impact
D. Reasonable accommodation
Legal scholars have identified three theories of discrimination: disparate treatment, disparate impact, and reasonable accommodation.
56. In which of the following cases would compensatory and punitive damages be least likely available to a plaintiff?
A. A woman sues for not being hired as a result of her score on a standardized test that had adverse impact against women.
B. A woman sues because she is turned down for a job from which the company specifically bars women.
C. A minority applicant sues a firm for being turned down for a job because he is told, “We need someone that looks ‘all-American.'”
D. A disabled employee is refused employment in favor of an equally qualified applicant for whom the firm would not have to make an accommodation.
When the employment practice in question is a standardized test of cognitive ability, plaintiffs will have a difficult time rebutting the defendant’s rebuttal.
57. Which of the following cases would most likely be subject to a lawsuit filed under the disparate treatment theory of discrimination?
A. A group of females are laid off due to a downturn in business.
B. Black applicants are being disproportionately rejected on the basis of a psychological test.
C. A black applicant is turned down for a job based on a handwriting analysis.
D. A woman with school-age children is rejected on the assumption that she will frequently be absent from work.
Disparate treatment a theory of discrimination is based on different treatments given to individuals because of their race, color, religion, sex, national origin, age, or disability status.
58. _____ exists when individuals in similar situations are treated differently and the different treatment is based on the individual’s race, color, religion, sex, national origin, age, or disability status.
A. Reasonable accommodation
B. Disparate treatment
C. Disparate impact
D. Undue hardship
A theory of discrimination based on different treatments given to individuals because of their race, color, religion, sex, national origin, age, or disability status.
59. In a disparate treatment case, the plaintiff meets the prima facie burden by showing all of the following EXCEPT:
A. the plaintiff belongs to a protected group.
B. the plaintiff applied for and was qualified for the job.
C. despite possessing the qualifications, the plaintiff was rejected.
D. after the plaintiff was rejected, the position was closed.
After the plaintiff was rejected, the position remained open and the employer continued to seek applicants with similar qualifications, or the position was filled by someone with similar qualifications.
60. A job qualification based on race, sex, religion, and so on, that an employer asserts is a necessary qualification for the job is:
A. EEO.
B. ADA.
C. OSHA.
D. BFOQ.
The defense may argue that for this job, a factor such as race, sex, or religion was a bona fide occupational qualification (BFOQ).
