Dessler Chapter Essay

1) Which Amendment to the U. S. Constitution states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law†? A) First Amendment B) Fifth Amendment C) Tenth Amendment D) Thirteenth Amendment E) Fourteenth Amendment Answer: B Explanation: The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 2) The ________ Amendment to the U. S. Constitution outlawed slavery, and courts have held that it bars racial discrimination. A) First B) Fifth C) Tenth D) Thirteenth E) Fourteenth Answer: D Explanation: The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 3) The 13th Amendment to the U. S. Constitution addresses the subject of ________. A) due process B) slavery C) private property D) trial by jury E) women’s rights Answer: B Explanation: The 13th Amendment to the U. S. Constitution abolished slavery and courts have held that it bars racial discrimination. The 5th Amendment addresses due process, and the 6th Amendment requires a trial by jury. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 4) The ________ gives all persons the same right to make and enforce contracts and to benefit from the laws of the land. A) Fifth Amendment B) Civil Rights Act of 1866 C) Title VII of the 1964 Civil Rights Act D) Civil Rights Act of 1991 E) Thirteenth Amendment Answer: B Explanation: The Civil Rights Act of 1866 gives all persons the same right to make and enforce contracts and to benefit from U. S. laws. The Fifth Amendment to the U. S. Constitution (ratified in 1791) states that â€Å"no person shall be deprived of life, liberty, or property, without due process of the law. † The Thirteenth Amendment (1865) outlawed slavery, and courts have held that it bars racial discrimination. Title VII of the 1964 Civil Rights Act states that employers cannot discriminate based on race, color, religion, sex, or national origin. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 5) Title VII of the 1964 Civil Rights Act explicitly prohibits employers from discrimination based on all of the following characteristics EXCEPT ________. A) race B) religion C) color D) sexual orientation E) national origin Answer: D Explanation: Title VII of the 1964 Civil Rights Act states that an employer cannot discriminate based on race, color, religion, sex, or national origin. Title VII bars discrimination on the part of most employers both public and private with 15 or more employees. Sexual orientation is not directly addressed under the law. Diff: 1Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 6) According to Title VII of the 1964 Civil Rights Act, which of the following employers would be legally allowed to refuse employment to an individual based on race, religion, or sex? A) a state agency with 65 employees B) a medical office with 25 employees C) a local restaurant with 10 employees D) a department store with 100 employees E) a public school with 30 employees Answer: C Explanation: Title VII bars discrimination on the part of most employers, including all public or private employers of 15 or more persons. It also covers all private and public educational institutions, the federal government, and state and local governments. A business with fewer than 15 employees would legally be allowed to refuse employment based on race, religion, sex, or national origin. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Application 7) Which legislation was responsible for the creation of the Equal Employment Opportunity Commission? A) 13th Amendment B) Equal Pay Act of 1963 C) Civil Rights Act of 1866 D) Executive Orders 11246 and 11375 E) Title VII of the 1964 Civil Rights Act Answer: E Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The commission itself consists of five members appointed by the president with the advice and consent of the Senate. Executive Orders 11246 and 11375 established the Office of Federal Contract Compliance Programs. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 8) The EEOC was initially established to investigate complaints about ________. A) job discrimination B) unfair business practices C) sexual harassment in schools D) structural accommodations for disabled people E) overtime payments for labor union members Answer: A Explanation: Title VII established the Equal Employment Opportunity Commission (EEOC) to administer and enforce the Civil Rights law at work. The EEOC receives and investigates job discrimination complaints from aggrieved individuals. Diff: 2Page Ref: 32 Chapter: 2 Objective: 1 Skill: Concept 9) How many members serve on the Equal Employment Opportunity Commission? A) 3 B) 5 C) 9 D) 10 E) 12 Answer: B Explanation: The Equal Employment Opportunity Commission (EEOC) consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term. Diff: 1Page Ref: 32 Chapter: 1 Objective: 1 Skill: Concept 10) Which of the following appoints the members of the EEOC? A) U. S. Congress B) U. S. Supreme Court C) President of the United States D) Department of Justice E) American voters Answer: C Explanation: The EEOC consists of five members appointed by the president with the advice and consent of the Senate. Each member serves a 5-year term. Diff: 1Page Ref: 32 Chapter: 1 Objective: 1 Skill: Concept 11) Which of the following requires equal pay for equal work regardless of sex? A) Title VII of the 1964 Civil Rights Act B) Equal Pay Act of 1963 C) Executive Order 11246 D) Pay Discrimination in Employment Act of 1967 E) Civil Rights Act of 1991 Answer: B Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 12) When companies utilize ________, they take steps to eliminate the present effects of past discrimination. A) affirmative action B) executive orders C) rehabilitation action D) civil rights guidelines E) equal pay rules Answer: A Explanation: Affirmative action refers to steps that are taken for the purpose of eliminating the present effects of past discrimination. The Equal Pay Act of 1963 requires employers to pay equal pay for equal work, and the Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. Diff: 1Page Ref: 33 Chapter: 1 Objective: 1 Skill: Concept 13) Which of the following is responsible for implementing Executive Orders 11246 and 11375 that were issued by the Johnson administration? A) Equal Employment Opportunity Commission B) Pension Benefits Guarantee Corporation C) Occupational Safety and Health Administration D) National Labor Relations Board E) Office of Federal Contract Compliance Programs Answer: E Explanation: The Johnson administration (1963–1969) issued Executive Orders 11246 and 11375 which didn’t just ban discrimination but also required that government contractors with contracts of over $50,000 and 50 or more employees take affirmative action to ensure employment opportunity for those who may have suffered past discrimination. These orders also established the Office of Federal Contract Compliance Programs (OFCCP) to implement the orders and ensure compliance. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 14) Which of the following factors is NOT an acceptable basis for different pay for equal work under the Equal Pay Act of 1963? A) merit B) seniority C) gender D) production quality E) production quantity Answer: C Explanation: Under the Equal Pay Act of 1963 (amended in 1972), it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Pay differences derived from seniority systems, merit systems, and systems that measure earnings by production quantity or quality or from any factor other than sex do not violate the act. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 15) Paul is a 49-year-old American of Anglo-Saxon descent. What legislation is most likely intended to protect Paul from discrimination? A) Executive Order 11375 B) Equal Pay Act of 1963 C) Executive Order 11246 D) Age Discrimination in Employment Act of 1967 E) Thirteenth Amendment to the U. S. Constitution Answer: D Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Executive Orders 11246 and 11375 require government contractors to take affirmative action, the 13th Amendment barred slavery, and the Equal Pay Act made it unlawful to discriminate in pay based on the employee’s gender. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Application 16) According to the Age Discrimination in Employment Act of 1967, it is unlawful to ________. A) sue an employer for age-based pay B) fire older employees for insubordination C) require employees to retire at age 65 D) allow juries to determine age discrimination E) institute a minimum age for employees Answer: C Explanation: The Age Discrimination in Employment Act of 1967 (ADEA) made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. Subsequent amendments eliminated the age cap, effectively ending most mandatory retirement at age 65. The ADEA allows jury trials. Diff: 2Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 17) The ________ requires certain federal contractors to take affirmative action for disabled persons. A) Equal Pay Act B) Vocational Rehabilitation Act C) Age Discrimination in Employment Act D) Americans with Disabilities Act E) Civil Rights Act Answer: B Explanation: The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing disabled persons. It does not require hiring unqualified people. It does require an employer to take steps to accommodate a disabled worker unless doing so imposes an undue hardship on the employer, which is addressed by the ADA. Diff: 1Page Ref: 33 Chapter: 2 Objective: 1 Skill: Concept 18) Which of the following refers to highly recommended procedures issued by federal agencies regarding employee selection, record keeping, and preemployment inquiries? A) job specifications B) employment metrics C) process charts D) uniform guidelines E) applicant tracking systems Answer: D Explanation: Uniform guidelines are issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail. They set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, and preemployment inquiries. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 19) Which of the following does NOT participate in the issuance of uniform guidelines? A) EEOC B) Department of Labor C) Better Business Bureau D) Department of Justice E) Civil Service Commission Answer: C Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issued uniform guidelines. These set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, and preemployment inquiries. The Better Business Bureau is not involved in issuing uniform guidelines. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 20) Uniform guidelines from the EEOC are recommended for employers to use in matters regarding all of the following EXCEPT ________. A) employee selection B) record keeping C) preemployment inquiries D) sexual harassment E) psychological testing Answer: E Explanation: The EEOC, Civil Service Commission, Department of Labor, and Department of Justice together issue uniform guidelines. These set forth â€Å"highly recommended† procedures regarding things like employee selection, record keeping, sexual harassment, and preemployment inquiries. The American Psychological Association has its own non-legally binding Standards for Educational and Psychological Testing. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 21) Which Supreme Court case was used to define unfair discrimination in conjunction with EEO laws? A) Buckley v. Valeo B) Brown v. Board of Education C) Griggs v. Duke Power Company D) West Coast Hotel Co. v. Parrish E) Abington School District v. Schempp Answer: C Explanation: Griggs v. Duke Power Company was a landmark Supreme Court case used to define unfair discrimination as put forth in EEO laws such as Title VII. The Court ruled that employment practices must be job related and that discrimination does not have to be overt to be illegal. Brown v. Board of Education held that segregation in public schools was unconstitutional. Choices A, D, and E were not cases related to EEO laws. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 22) In Griggs v. Duke Power Company, Griggs sued the power company because it required coal handlers to be high school graduates. The Supreme Court ruled in favor of Griggs because ________. A) high school diplomas were not related to success as a coal handler B) Duke Power Company intentionally discriminated based on race C) no business necessity existed for Duke Power Company D) Title VII forbids job testing E) Griggs held a GED Answer: A Explanation: The Court ruled in favor of Griggs because having a high school diploma was not relevant to the job of coal handler. The Court held that an employment practice must be job related if it has an unequal impact on members of a protected class. Diff: 2Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 23) If a person is in a protected class, he or she is protected by which of the following? A) Department of Labor guidelines B) Sarbanes-Oxley Act C) Title VII of the Civil Rights Act D) Consumer Protection Act E) National Labor Relations Board Answer: C Explanation: The term protected class refers to persons such as minorities and women who are protected by equal opportunity laws, including Title VII. Choices A, B, D, and E are not equal opportunity laws. Diff: 1Page Ref: 34 Chapter: 2 Objective: 1 Skill: Concept 24) All of the following are principles established by Griggs v. Duke Power Company EXCEPT ________. A) burden of proof is on the employer B) performance standards should be unambiguous C) business necessity is a defense for an existing program D) employment selection practices must be job related E) discrimination does not have to be overt to be illegal Answer: B Explanation: The Court ruled in Griggs v. Duke Power Company that the burden of proof is on the employer to show that a hiring practice such as testing is job related. The Court also ruled that business necessity is the defense for any existing program that has adverse impact and that discrimination does not have to be overt to be illegal. The case did not address performance standards. Diff: 3Page Ref: 34-35 Chapter: 2 Objective: 1 Skill: Concept 25) Under the principles established by Griggs v. Duke Power Company, ________ can be used as a defense for any existing program that has adverse impact. A) occupational qualification B) business necessity C) affirmative action D) burden of proof E) fair in form Answer: B Explanation: Business necessity is the defense for any existing program that has adverse impact according to Griggs. The court did not define business necessity. Diff: 2Page Ref: 35 Chapter: 2 Objective: 1 Skill: Concept 26) Which court case provided details regarding how employers could validate the relationship between screening tools and job performance? A) West Coast Hotel Co. v. Parrish B) Albemarle Paper Company v. Moody C) Griggs v. Duke Power Company D) Burlington Industries v. Ellerth E) Ward Cove v. Atonio Answer: B Explanation: In the Albemarle case, the Court provided more details on how employers could prove that tests or other screening tools relate to job performance. For example, the Court said that if an employer wants to test candidates for a job, then the employer should first clearly document and understand the job’s duties and responsibilities. Diff: 2Page Ref: 35 Chapter: 2 Objective: 1 Skill: Concept 27) Under the Civil Rights Act of 1991, once a plaintiff shows disparate impact, who has the burden of proving that the challenged practice is job related? A) plaintiff B) employee C) employer D) judge E) EEOC Answer: C Explanation: According to the Civil Rights Act of 1991, once an aggrieved applicant or employee demonstrates that an employment practice (such as â€Å"must lift 100 pounds†) has a disparate (or â€Å"adverse†) impact on a particular group, then the burden of proof shifts to the employer, who must show that the challenged practice is job related. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 28) According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for all of the following EXCEPT ________. A) back pay B) job reinstatement C) punitive damages D) compensatory damages E) substantive consolidation Answer: E Explanation: According to the Civil Rights Act of 1991, an employee who claims intentional discrimination can sue for back pay, attorneys’ fees, court costs, job reinstatement, punitive damages, and compensatory damages. Substantive consolidation is a legal term referring to debt consolidation. Diff: 2Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 29) Race, color, religion, sex, or national origin is a motivating factor in a termination, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation? A) mixed motive B) business necessity C) disparate impact D) liability defense E) burden of proof Answer: A Explanation: An unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. Some employers in so-called â€Å"mixed motive† cases had taken the position that even though their actions were discriminatory, other factors like the employee’s dubious behavior made the job action acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken the same action—such as terminating someone—even without the discriminatory motive. Diff: 3Page Ref: 36 Chapter: 2 Objective: 1 Skill: Application 30) Which of the following requires employers to make reasonable accommodations for disabled employees? A) Civil Rights Act of 1991 B) Equal Pay Act of 1963 C) Americans with Disabilities Act of 1990 D) Vocational Rehabilitation Act of 1973 E) Disability Discrimination in Employment Act of 1967 Answer: C Explanation: The Americans with Disabilities Act (ADA) of 1990 prohibits employment discrimination against qualified disabled individuals. It also says employers must make â€Å"reasonable accommodations† for physical or mental limitations unless doing so imposes an â€Å"undue hardship† on the business. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 31) According to the Americans with Disabilities Act, which of the following would be considered a disability? A) homosexuality B) voyeurism C) pyromania D) compulsive gambling E) AIDS Answer: E Explanation: The ADA specifies conditions that it does not regard as disabilities, including homosexuality, bisexuality, voyeurism, compulsive gambling, pyromania, and certain disorders resulting from the current illegal use of drugs. The EEOC’s position is that the ADA prohibits discriminating against people with HIV/AIDS. Diff: 1Page Ref: 36 Chapter: 1 Objective: 1 Skill: Concept 32) Which type of disability accounts for the greatest number of ADA claims? A) drug-related B) cosmetic C) mental D) vision E) hearing Answer: C Explanation: Mental disabilities account for the greatest number of ADA claims. Under EEOC ADA guidelines, â€Å"mental impairment† includes â€Å"any mental or psychological disorder, such as . . . emotional or mental illness. † Drug-related conditions are generally not regarded as disabilities. Diff: 1Page Ref: 36 Chapter: 2 Objective: 1 Skill: Concept 33) Under ADA, those who can carry out the essential functions of the job are known as which of the following? A) protected class B) line managers C) career anchors D) staff authorities E) qualified individuals Answer: E Explanation: The ADA prohibits discrimination against qualified individuals—those who, with (or without) a reasonable accommodation, can carry out the essential functions of the job. The individual must have the requisite skills, educational background, and experience to do the job. Diff: 1Page Ref: 37 Chapter: 2 Objective: 1 Skill: Concept 34) Which of the following best explains why employers win the majority of ADA cases? A) Employers make the necessary reasonable accommodations for employees. B) Employers prove that age negatively impacts an employee’s job performance. C) Employees fail to prove that they are disabled yet qualified to perform a job. D) Conservative judges are sympathetic towards small-business owners. E) Employee attorneys fail to draw connections between Title VII and ADA. Answer: C Explanation: Employers traditionally prevailed in almost all—96%—federal circuit court ADA decisions. A main reason is that employees were failing to show that they were disabled and qualified to do the job. Unlike with Title VII of the Civil Rights Act, the employee must establish that he or she has a disability that fits under the ADA. Diff: 3Page Ref: 38 Chapter: 2 Objective: 1 Skill: Concept 35) Which of the following will be the most likely result of the ADA Amendments Act of 2008? A) Employees will find it easier to prove that their disabilities are limiting. B) The number of major life activities considered disabilities will be narrowed. C) Employers will be required to make fewer accommodations for workers with disabilities. D) Employers will be required to hire a specific percentage of disabled workers to be in compliance. E) Employees will apply for more jobs knowing that the legislation guarantees their employment. Answer: A Explanation: The new ADAA’s basic effect will be to make it much easier for employees to show that their disabilities are limiting. For example, the new act makes it easier for an employee to show that his or her disability is influencing one of the employee’s â€Å"major life activities. † It does this by adding examples like reading, concentrating, thinking, sleeping, and communicating to the list of ADA major life activities. Diff: 3Page Ref: 38 Chapter: 2 Objective: 1 Skill: Concept 36) In which of the following situations does sexual harassment NOT violate Title VII? A) if the conduct substantially interferes with a person’s work performance B) if the conduct creates an intimidating work environment C) if the conduct creates a hostile work environment D) if the conduct is motivated by both age and gender E) if the conduct creates an offensive work environment Answer: D Explanation: Under Title VII, sexual harassment generally refers to harassment on the basis of sex when such conduct has the purpose or effect of substantially interfering with a person’s work performance or creating an intimidating, hostile, or offensive work environment. Sexual harassment violates Title VII. The motivation behind the conduct is not relevant to Title VII violations. Diff: 3Page Ref: 39 Chapter: 2 Objective: 2 Skill: Concept 37) The ________ provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured. A) Civil Rights Act of 1991 B) Federal Violence Against Women Act of 1994 C) Pregnancy Discrimination Act D) Vietnam Era Veterans’ Readjustment Assistance Act of 1974 E) Vocational Rehabilitation Act of 1973 Answer: B Explanation: The Federal Violence Against Women Act of 1994 provides that a person who commits a crime of violence motivated by gender shall be liable to the party injured. The law offers an additional path women can use to seek relief for violent sexual harassment. Diff: 1Page Ref: 40 Chapter: 2 Objective: 2 Skill: Concept 38) Which of the following is NOT a form of sexual harassment according to EEOC guidelines? A) unwelcome sexual advances that create an intimidating work environment B) requests for sexual favors made implicitly as a condition of employment C) verbal conduct of a sexual nature that unreasonably interferes with work performance D) physical conduct of a sexual nature that creates an offensive work environment E) mutually consensual physical conduct of a sexual nature between co-workers Answer: E Explanation: EEOC guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that create an intimidating, hostile, or offensive work environment or interfere with work performance. Requests for sexual favors that are used as the basis for employment decisions are also considered sexual harassment. Consensual sex between co-workers is not considered sexual harassment. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Concept 39) All of the following are ways for an employee to prove sexual harassment EXCEPT by proving that ________. A) the verbal remarks of a co-worker were sexually flirtatious B) the rejection of a supervisor’s sexual advances led to a demotion C) a hostile work environment was created by a co-worker’s sexual conversation D) a hostile work environment was created by a nonemployee’s sexual advances E) a hostile work environment was created by a supervisor’s sexually abusive conduct Answer: A Explanation: The U. S. Supreme Court held that sexual harassment law doesn’t cover ordinary â€Å"intersexual flirtation. † Someone can prove sexual harassment if rejecting a supervisor’s sexual advances led to a demotion, firing, or altered work assignment. Sexual harassment can also be proven if a hostile work environment is created by the sexual conduct of supervisors, co-workers, or nonemployees. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 40) Judy was up for a promotion at Simpson Consulting when her supervisor, Will, encouraged her to develop a sexual relationship with him. He suggested that her promotion would be a sure thing if they were involved. When Judy declined his advances, Will fired her. Which of the following would Judy most likely be able to prove in court if she decided to sue Simpson Consulting? A) hostile environment created by nonemployees B) hostile environment created by supervisors C) hostile environment created by co-workers D) disparate treatment E) quid pro quo Answer: E Explanation: Quid pro quo (something for something) is the most direct way to prove that rejecting a supervisor’s advances adversely affected what the EEOC calls a â€Å"tangible employment action† such as hiring, firing, promotion, demotion, and/or work assignment. Quid pro quo would be the best option for Judy if she sues the firm for Will’s actions. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 41) Gus is always making sexual jokes at work. Many employees find the jokes funny, but Shelley, Gus’s executive assistant, is uncomfortable with the jokes. Eventually, she decides to quit her job rather than endure the jokes any longer. What form of sexual harassment has Shelley experienced? A) quid pro quo B) hostile environment created by supervisors C) hostile environment created by co-workers D) hostile environment created by nonemployees E) none of the above; Shelley is not a victim of sexual harassment Answer: B Explanation: As Shelley’s supervisor, Gus created a hostile environment according to the EEOC. A claimant does not need to show that the harassment had tangible consequences such as demotion. It is sufficient in many cases to prove that a supervisor’s sexual harassment substantially affected an employee’s emotional and psychological abilities. Diff: 3Page Ref: 41 Chapter: 2 Objective: 2 Skill: Application 42) All of the following are ways that an employer can minimize liability in sexual harassment claims EXCEPT ________. A) maintaining thorough records of all sexual harassment complaints B) informing all employees about sexual harassment investigations C) instituting a sexual harassment reporting process D) training employees in sexual harassment policies E) investigating sexual harassment charges promptly Answer: B Explanation: Maintaining records of complaints, instituting a reporting policy, providing sexual harassment training, and investigating charges quickly are ways that employers can show that they took reasonable care to prevent and correct sexual harassment, which will minimize the employer’s liability. Sexual harassment investigations should be conducted privately, and the information should not be made available to all employees. Diff: 3Page Ref: 42 Chapter: 2 Objective: 2 Skill: Concept 43) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’ management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would best support the plaintiff’s argument that Sanders is liable for sexual harassment? A) Sanders re-published its sexual harassment policy twice within the last year. B) The HR department at Sanders has records of the plaintiff’s initial complaints. C) Exit interviews of outgoing Sanders employees include questions about sexual harassment. D) Sanders lacks a management response system for handling sexual harassment complaints. E) Sanders recently lost a court case filed by former employees who claimed disparate treatment. Answer: D Explanation: Employers can minimize their liability in sexual harassment claims by showing that they have a response system set up for handling sexual harassment complaints, so Sanders may be liable if it lacks a system. Firms that re-publish their sexual harassment policies frequently, keep thorough records of complaints, and address sexual harassment issues during exit interviews are able to show that they took reasonable care to prevent sexual harassment. Disparate treatment refers to discrimination claims rather than sexual harassment claims. Diff: 3Page Ref: 42 AACSB: Reflective Thinking Chapter: 2 Objective: 2 Skill: Critical Thinking 44) Sanders Sporting Goods, an international sporting goods chain, is being sued for sexual harassment by a former Sanders employee. The plaintiff asserts that she was the victim of numerous unwanted sexual advances from a male co-worker. The woman claims that Sanders’ management condoned a hostile work environment and that the company is liable for the actions of the male employee. Which of the following, if true, would most likely undermine the plaintiff’s claim that Sanders is liable for the male employee’s conduct? A) The male employee physically threatened the plaintiff on three occasions. B) The male employee made sexual advances towards the plaintiff on a daily basis. C) The male employee was required by HR to participate in a sexual harassment awareness course. D) The male employee’s conduct significantly interfered with the plaintiff’s ability to perform her job. E) The plaintiff discussed her concerns about the male employee’s conduct with female co-workers. Answer: C Explanation: If the male employee was required to take a sexual harassment course, then that action shows Sanders was making a reasonable attempt to stop the behavior. Choices A, B, and D support the plaintiff’s claim that ther