Question : 31. When Alan Bakke sued the University of California Board of : 1250986

31. When Alan Bakke sued the University of California Board of Regents, he was claiming protection from reverse discrimination stemming from what piece of legislation? 
A. Fourteenth Amendment
B. Civil Rights Act of 1866
C. Age Discrimination Act
D. Civil Rights Act of 1991

The Fourteenth Amendment forbids the states from taking life, liberty, or property without due process of law and prevents the states from denying equal protection of the laws.

32. The EEOC is NOT the enforcement agency for which of the following acts? 
A. Age Discrimination in Employment Act of 1967
B. Rehabilitation Act of 1973
C. Civil Rights Act of 1991
D. Pregnancy Discrimination Act

The enforcement agency for Rehabilitation Act of 1973 is OFCCP.

33. A woman and a man are both performing the job of executive assistant and both have similar seniority and performance. However, the woman is paid $2,000 less than the man. Which act would she be most likely to sue under? 
A. Reconstruction Civil Rights Act
B. Equal Pay Act
C. Title VII of Civil Rights Act
D. Vocational Rehabilitation Act

The Equal Pay Act, an amendment to the Fair Labor Standards Act, requires that men and women in the same organization who are doing equal work must be paid equally.

34. The Age Discrimination in Employment Act (ADEA) of 1967 prohibits discrimination against employees: 
A. 65 and over.
B. 50 and over.
C. 40 and over.
D. 30 and over.

Passed in 1967 and amended in 1986, this act prohibits discrimination against employees over the age of 40.

35. The Equal Pay Act of 1963 allows men and women performing the same job to be paid differently as a result of all of the following EXCEPT: 
A. merit.
B. seniority.
C. shift differentials.
D. working conditions.

The act allows for reasons why men and women performing the same job might be paid differently. If the pay differences are the result of differences in seniority, merit, quantity or quality of production, or any factor other than sex (such as shift differentials or training programs), then differences are legally allowable.

36. Which of the following is TRUE of Title VII of the Civil Rights Act of 1964? 
A. The act applies only to those employees working more than 40 hours a week.
B. The act applies to organizations with 15 employees or more.
C. The act applies only to those employees working 20 or more weeks a year.
D. The act applies to organizations with 200 employees or more.

The act applies to organizations with 15 or more employees working 20 or more weeks a year.

37. Which of the following is NOT a qualifying factor set forth by the courts in upholding early retirement incentive programs and waivers? 
A. Individuals were not coerced into signing the agreements.
B. The number of employees signing agreements did not exceed more than 15 percent of the workforce aged 40 and above.
C. The agreements were presented in an understandable manner.
D. Employees were given adequate time to make a decision.

Courts have tended to uphold the use of early retirement incentives and waivers as long as the individuals were not coerced into signing the agreements, the agreements were presented in a way that the employees could understand, and the employees were given enough time to make a decision.

38. One of the major changes in EEO law under the Civil Rights Act of 1991 is: 
A. the limitation of damage awards to lost pay and benefits.
B. the inclusion of women as a protected group.
C. the addition of compensatory and punitive damage awards.
D. the inclusion of foreign companies operating in the United States.

One major change in the EEO law under CRA 1991 has been the addition of compensatory and punitive damages in cases of discrimination under Title VII and the Americans with Disabilities Act.

39. The Americans with Disability Act covers individuals who have all of the following disabilities EXCEPT: 
A. have serious disabilities—such as epilepsy, blindness, or paralysis—that affect their ability to perform major life activities such as walking, learning, and working.
B. have a history of disability, such as someone who has had cancer, but is currently in remission.
C. are regarded as having a disability, such as an individual who is severely disfigured and is denied employment because an employer fears negative reactions from others.
D. have conditions such as obesity, substance abuse, eye and hair color, and left-handedness.

The ADA covers specific physiological disabilities such as cosmetic disfigurement and anatomical loss affecting the neurological, musculoskeletal, sensory, respiratory, cardiovascular, reproductive, digestive, genitourinary, hemic, or lymphatic systems. In addition, it covers mental and psychological disorders such as mental retardation, organic brain syndrome, emotional or mental illness, and learning disabilities.

40. _____ are directives issued and amended unilaterally by the President and do not require congressional approval to have the force of law. 
A. Legislative orders
B. Executive orders
C. Presidential orders
D. Congressional orders

Two executive orders, executive order 11246 and executive order 11478 directly affect HRM.