Question : 61. Which of the following cases would most likely be subject : 1250989

61. Which of the following cases would most likely be subject to a lawsuit filed under disparate impact theory? 
A. White applicants with high test scores are rejected due to an affirmative action plan that uses race norming.
B. Black applicants are being disproportionately rejected relative to whites by a paper-and-pencil test.
C. A Hispanic applicant is told he will not be hired because “We don’t like Mexicans here.”
D. A black employee is fired for testifying in a discrimination suit filed against an employer.

A theory of discrimination based on facially neutral employment practices that disproportionately exclude a protected group from employment opportunities.

62. Which of the following occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities? 
A. Disparate impact
B. Disparate treatment
C. Undue hardship
D. Reasonable accommodation

A theory of discrimination based on facially neutral employment practices that disproportionately exclude a protected group from employment opportunities.

63. A _____ employment practice is one that lacks obvious discrimination content, yet affects one group to a greater extent than other groups. 
A. reasonable accommodation
B. disparate intent
C. facially neutral
D. facially biased

It occurs when a facially neutral employment practice disproportionately excludes a protected group from employment opportunities.

64. In which type of case is most of the debate focusing on the discriminatory consequences rather than the intent to discriminate? 
A. Disparate treatment
B. Disparate impact
C. Reasonable accommodation
D. Retaliation

Under disparate impact, intent is irrelevant. The important criterion is that the consequences of the employment practice are discriminatory.

65. Assume you hired 25 of 50 white applicants; how many of the 40 black applicants must you hire in order not to have adverse impact? 
A. 24
B. 20
C. 16
D. 12

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 percent) of the hiring rate for the majority group.

66. Assume that using a cutoff of 1,000 on the SAT for entrance into your university, the passing rates for Asians was 60 percent, for whites it was 70 percent, for blacks it was 55 percent, and for Hispanics it was 58 percent. The test would have adverse impact against which group? 
A. Asians
B. Blacks
C. Hispanics
D. White

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.

67. Assume that you have a physical ability test that results in hiring 50 percent of the male applicants. What is the minimum passing rate in order for the test not to have adverse impact against females? 
A. 50 percent
B. 40 percent
C. 30 percent
D. 20 percent

Four-fifths rule states that an employment test has disparate impact if the hiring rate for a minority group is less than four-fifths, or 80 percent, of the hiring rate for the majority group.

68. In a disparate impact case, what is the most likely defense to be offered by the defendant? 
A. Job relatedness
B. Bona fide occupational qualification
C. Production of a legitimate, nondiscriminatory reason
D. Showing a pretext for discrimination

With respect to job selection, the relationship that the practice bears with some legitimate employer goal is demonstrated by showing the job relatedness of the test, usually by reporting a validity study of some type.

69. Which of the following is a conclusion that can be drawn from the Griggs v. Duke Power case? 
A. Standardized tests that have adverse impact are illegal.
B. Requiring applicants to have a high school diploma for employment is illegal.
C. Employment practices that have adverse impact are legal only if they are shown to be job related.
D. Employment practices that have adverse impact are illegal only if the employer was intentionally using them to discriminate.

A Duke Power vice president testified that the company had not studied the relationship between employment practices and employees’ ability to perform the job. Also, employees already on the job who did not have high school diplomas and had never taken the tests were performing satisfactorily.

70. Rather than simply requiring an employer to refrain from some action, _____ places a special obligation on an employer to affirmatively do something to accommodate an individual’s disability or religion. 
A. disparate treatment
B. disparate impact
C. discrimination
D. reasonable accommodation

Reasonable Accommodation – Making facilities readily accessible to and usable by individuals with disabilities.