Question :
71. In cases of religious discrimination, an employee’s burden to prove : 1250990
71. In cases of religious discrimination, an employee’s burden is to prove all but one of the following. Name the exception.
A. That he/she has a legitimate religious belief.
B. That adverse consequences occurred due to the employer’s failure to accommodate.
C. That he/she is a member of a protected employee group.
D. That he/she provided the employer with notice of the need to accommodate.
In cases of religious discrimination, an employee’s burden is to demonstrate that he or she has a legitimate religious belief and provided the employer with notice of the need to accommodate the religious practice, and that adverse consequences occurred due to the employer’s failure to accommodate.
72. Under the Americans with Disabilities Act, “undue hardship” has been defined as an action:
A. deemed by the employer to be an inconvenience.
B. requiring significant difficulty or expense.
C. which represents a cost greater than the employee’s first-year salary.
D. deemed to be too costly to the “average” business within the industry.
The employer could claim an undue hardship to accommodate the individual. In essence, this argues that the accommodation necessary is an action requiring significant difficulty or expense.
73. Suppose you think that your company is discriminating illegally against a particular group, and you express your concern through the usual chain of command. This would be considered:
A. opposition.
B. prejudice.
C. participation.
D. discrimination.
Opposition refers to expressing to someone through proper channels that you believe that an illegal employment act has taken place or is taking place.
74. Suppose you are asked to testify in a court case where you have special knowledge of your company’s discriminatory hiring practices. This would be considered:
A. opposition.
B. retaliation.
C. participation.
D. discrimination.
Participation refers to actually testifying in an investigation, hearing, or court proceeding regarding an illegal employment act.
75. When an individual is promised a positive outcome for submission to sex, or threatened with a negative outcome for failure to submit to sex, this is referred to as:
A. disparate treatment.
B. disparate impact.
C. hostile working environment harassment.
D. quid pro quo harassment.
Sexual harassment refers to unwelcome sexual advances . It can take place in two basic ways. “Quid pro quo” harassment occurs when some kind of benefit (or punishment) is made contingent on the employee’s submitting (or not submitting) to sexual advances.
76. A male employee, over the objections of his female colleagues, continues to display a highly suggestive calendar within his office. This is likely to result in a charge of:
A. disparate treatment.
B. disparate impact.
C. hostile working environment harassment.
D. quid pro quo harassment.
“Hostile working environment” occurs when someone’s behavior in the workplace creates an environment that makes it difficult for someone of a particular sex to work.
77. Which of the following is NOT a critical issue in a sexual harassment case?
A. Was the behavior unwelcome?
B. Were other employees within the work unit equally offended by the behavior as the plaintiff?
C. Was the behavior severe enough to alter the terms, conditions, and privileges of employment?
D. Did the employer know about, or should he/she have known about, the harassment?
There are three critical issues in sexual harassment cases. First, the plaintiff cannot have “invited or incited” the advances. The second critical issue is that the harassment must have been severe enough to alter the terms, conditions, and privileges of employment, and the third issue is that the courts must determine whether the organization is liable for the actions of its employees.
78. Which of the following statements is NOT true of affirmative action?
A. It was originally conceived as a way of taking extra effort to attract and retain minority employees.
B. It may be either voluntary or court-imposed.
C. It is designed primarily to ensure that the workforce mirrors that of the labor market.
D. Its use—in any form—is overwhelmingly accepted.
To eliminate discrimination in the workplace, many organizations have affirmative action programs to increase minority representation.
79. Which of the following statements about the outcomes of the Americans with Disabilities Act is FALSE?
A. Some individuals with disabilities have found employment as a result of the passage of the act.
B. There has been decreased litigation after the passage of the act.
C. The kinds of cases being filed are not what Congress intended to protect.
D. The act does not appear to have had its anticipated impact on the employment of Americans with disabilities.
The ADA was passed with the laudable goals of providing employment opportunities for the truly disabled who, in the absence of legislation, were unable to find employment.
80. _____ authorized the federal government to establish and enforce occupational safety and health standards for all places of employment engaging in interstate commerce.
A. EEOC
B. OSHA
C. OFCCP
D. CRA
The responsibility for inspecting employers, applying the standards, and levying fines was assigned 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. Much of this research is conducted by the National Institute for Occupational Safety and Health (NIOSH).
