Eeo/aa laws: general provisions and enforcement
True / False Questions
1. Whether an organization is covered by the Civil Rights Act, Age Discrimination in Employment Act (ADEA), and Americans With Disabilities Act (ADA) depends on its number of employees.
2. When determining if an organization large enough to be covered by ADA law, only full-time employees should be included in the employee count.
3. Company officials and individual managers can be held personally liable for discrimination under the Civil Rights Act, the ADA, or the ADEA.
4. The Civil Rights Act prohibits discrimination on the basis of age or disability status.
5. The Age Discrimination in Employment Act covers individuals over the age of 40.
6. Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation.
7. Claims of disparate treatment focus on the effect of employment practices, rather than on the motive or intent underlying them.
8. Claims of disparate impact focus on the effect of employment practices, rather than on the motive or intent underlying them.
9. Applicant flow statistics look at differences in selection rates (proportion of applicants hired) among different groups for a particular job.
10. The EEOC’s preferred method of settlement for employment discrimination claims is a lawsuit.
11. In disparate treatment cases, the employee attempts to demonstrate that the defendant’s stated reasons for a practice are a pretext, or smoke screen, for the discriminatory intent of practice.
12. The consent decree usually contains only an agreement to halt certain practices, and seldom extends to providing monetary relief or AA programs.
13. Enforcement mechanisms used by the OFCCP closely mirror those used by the EEOC.
14. It is unlawful to discriminate in hiring, firing, compensation, or classification of employees on the basis of race, color, religion, sex, or national origin.
15. Staffing practices that may seem unfair, outrageous, or of dubious value to the employer, but that do not cause adverse impact, are legal.
16. 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.
17. 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.
18. 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.
19. Employers can adjust the scores of employment-related tests on the basis of race, color, religion, sex, or national origin.
20. 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.
