EEO/AA Laws: Specific Staffing Provisions

True false/ Questions

58. It is unlawful to discriminate in hiring, firing, compensation, or classification of employees on the basis of race, color, religion, sex, or national origin.

59. Staffing practices that may seem unfair, outrageous, or of dubious value to the employer, but that do not cause adverse impact, are legal.

60. If an employer has a selection system in which applicants first take a written test and those who pass it are interviewed, the plaintiff must show adverse impact for the two components combined.

61. A prison with mostly male inmates might successfully use the concept of BFOQ to argue that it is a business necessity to hire only male prison guards on the grounds that by doing so it ensures the safety, security, and privacy of inmates.

62. Although civil rights legislation does not explicitly mention the use of tests in staffing, most courts have found that the use of such tests is permissible.

63. Employers can adjust the scores of employment-related tests on the basis of race, color, religion, sex, or national origin.

64. The Civil Rights Act of 1964 explicitly permits the use of seniority and merit systems as a basis for applying different terms and conditions to employees.

65. The Age Discrimination Act of 1967 prohibits all discrimination on the basis of age.

66. It is permissible to use terms or phrases that express a preference for older workers, such as "over age 60," "retirees," or "supplement your pension" in employment advertising.

67. Recovering former drug users and recovering alcoholics are covered by the Americans with Disabilities Act.

68. A broken arm or leg would be considered a covered, short-disability for ADA coverage purposes.

69. The Americans with Disabilities Act does not cover individuals with psychiatric disorders, such as depression or schizophrenia.

70. Examples of reasonable accommodations under the Americans with Disabilities Act include work schedule changes, modifications to company policy, adjusting supervisory methods, and medication monitoring.

71. Accommodations such as job restructuring, telework, changes in work schedules, or purchase of adaptive devices for those with disabilities are considered undue hardships.

72. Employers may refuse to hire an individual who poses a direct threat to him/herself or the health and safety of others.

73. The law prohibits the use of genetic information in employment.

Multiple Choice Questions

74. Which of the following is prohibited discrimination under civil rights law?
A. discrimination in hiring
B. discrimination in compensation
C. discrimination in classification
D. all of the above

75. The essence of a BFOQ is that _________.
A. it is always illegal
B. it reduces discrimination
C. it justifies discrimination based on reasonable necessity of the job
D. it prohibits selection through use of a protected characteristic (e.g., gender)


76. Regarding the use of tests in staffing, it can be said that ______.
A. they are permitted by law
B. they are illegal
C. they should be adjusted by protected characteristics to be fair
D. they should be "race normed" for fairness

77. The legal status of seniority and merit systems is that _______.
A. seniority is legal
B. merit systems are legal
C. both are legal
D. both are illegal

78. The Age Discrimination In Employment Act (1967) prohibits discrimination against individuals who are ____ years or older.
A. 40
B. 50
C. 60
D. 65

79. Employers can use which of the following techniques without violating the Age Discrimination in Employment Act.
A. using reasonable factors other than age in making employment decisions
B. using seniority systems
C. using terms or phrases that express a preference for older workers
D. all of the above

80. Where the Americans with Disabilities Act is concerned, ______?
A. the law only applies to disabled individuals who are otherwise qualified
B. the law requires the hiring of all disabled people
C. the law prohibits refusal to hire a disabled person
D. the law provides advantages to disabled people

81. Where reasonable accommodations for disabled individuals are concerned, it can be said that _______.
A. accommodation is always required for an otherwise qualified individual
B. specific examples of accommodations are rarely indicated in laws and regulations
C. the issue of "undue hardship" to the employer is not addressed by the law
D. the need to accommodate often hinges on whether or not a given job function is necessary or essential

82. Which of the following is not prohibited by the ADA?
A. medical exams of job applicants
B. asking a job applicant if he/she is disabled
C. asking a job applicant to undergo a medical exam after a job offer has been made
D. refusing to interview a person who is disabled

83. Executive Order 11246 covers _________.
A. local government employers
B. private employers with under 15 employees
C. federal contractors with contracts in excess of $10,000
D. private employers with 20 or more employees
E. Other Staffing Laws