Question : 36. In 2004, the Supreme Court ruled that race could : 1234381

36. In 2004, the Supreme Court ruled that race could be a factor in university admissions, but cannot be an overriding factor in admission decisions. The two cases from which the court drew these conclusions were:

A) Smith v. Jackson and Watson v. Fort Worth Bank & Trust.

B) Vinson v. Meritor and Harris v. Forklift.

C) Harris v. Forklift and Gratz v. Bollinger.

D) Gratz v. Bollinger and Grutter v. Bollinger.

E) Grutter v. Bollinger and Vinson v. Meritor.

37. Which of the following conditions help an employer limit liability for sexual harassment?

A) There was documented physical contact between the victim and the accused

B) The grievance policy allows the victim to bring their complaint to someone other than their immediate supervisor

C) At the time of the harassment there was no formal policy outlining the detailing the right to an environment free from harassment

D) The employer took time between the filing of the complaint and the investigation in order to ensure that the victim was calm through the process

E) The victim and the accused are of the same gender and did not work at the same location

38.  An organization has two final candidates for a new position.  One is a 35-year-old female and the other is a 51-year-old male.  The company makes a decision to hire the older candidate.  Both candidates have very similar qualifications.  Which of the following is true?

A) The hiring manager should ensure that both candidates were presented with the same selection “tests”, and that scoring was done in a consistent manner

B) The company may have been at risk, however, only impact theory is recognized, disparate treatment claims are not allowed under ADEA.

C) The 51-year old candidate demonstrated that they have a disability and that is the reason for the preferential treatment under ADEA

D) The company will have to show that the female candidate requested a higher level of compensation than the older candidate

E) The 35-year-old female candidate may have a case of reverse discrimination and can file suit under the ADEA

39. Which of the following is not a provision of the ADA?

A) Buildings financed with public funds need to be accessible to the disabled

B) With accommodation, employees must be able to perform the essential functions of the job

C) Employers are required to accommodate disabilities that do not cause undue hardship

D) Disabled candidates need to provide written documentation of their disability

E) Pre-employment medical examinations may be required before a job offer is made

40. If an action requires significant difficulty or expense when considered in relation to factors such as a business’s size, financial resources, and the nature and structure of its operation this could be considered to be a/an _________.

A) Reasonable accommodation

B) Prohibited inquiry

C) Undue hardship

D) Denial of benefits

E) Reduced benefits

41. EEOC stands for __________.

A) Equal Employment Opportunity Commission

B) Equal Employment Opportunity Community

C) Equal Employment Opportunity Channel

D) Equal Employment Opportunity Committee

E) Equal Employment Opportunity Contract

42. __________ is an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution of a charge of discrimination.

A) Retaliation

B) Discrimination

C) Arbitration

D) Validation

E) Mediation

43. If an individual believes that they have been a victim of illegal discrimination and wishes to pursue a claim through the legal system, the complaint must first be filed with the __________.

A) EEOC

B) ADA

C) ADEA

D) Civil Rights Act

E) OFCCP

44. A charge of discrimination must be filed within __________ days from the date of the alleged violation, in order to protect the charging party’s rights.

A) 90

B) 45

C) 300

D) 180

E) 150

Use the following to answer questions 45 and 46.

During an exit interview, a manager discovers that the reason an employee is resigning is because of unlawful harassment from a co-worker.  This is the first time the issue has been discussed; the employee did not file a complaint per the company policy before their resignation.  The employee provides details of the harassment, including the names of witnesses, but requests that no action be taken.  The employee just wants to move on and leave the entire situation behind.

45.  Now that you are aware of the alleged harassment, what should the manager do on behalf of the organization?

A) Immediately terminate the employee identified as the harasser

B) Respect the employee’s request and do nothing further

C) Ignore the matter because the employee waited until it was too late to bring it up

D) Treat the matter seriously and conduct an investigation, including interviewing witnesses

E) Ignore the matter because the company policy clearly states that the victim must first confront the harasser before making a complaint to management