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Exam 3: The Legal Environment and Diversity Management

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Question 21

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The OUCH test is not perfect and should only be used as a guide for HR practices.

A) True
B) False

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Question 22

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Retaliation occurs in a situation where the organization takes an "adverse employment action" against an employee because the employee brought discrimination charges against the organization.

A) True
B) False

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Question 23

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The Acme Global Corporation needed to hire 45 new advertising sales agents.The applicant pool consisted of 100 African-American males and 100 white males.Of the 200 applicants, Acme Global hired 20 of the African-American males and 25 of the white males.Is there evidence of disparate impact?

How does the Lilly Ledbetter Fair Pay Act improve the Civil Rights Act of 1964?

When you assess actions to determine if each employment test is directly related to the primary aspects of the job, you are reviewing the __________ component of the OUCH test.

If the complaining party argues that the employer intentionally discriminated against an employee or applicant, the complaining party is trying to prove ____________.

What is the OUCH test? Make sure you describe each of the four components of the test, what it is used for, and when it is used.

Which of the following is a true statement about Title VII of the Civil Rights Act of 1964?

The ADEA (Age Discrimination in Employment Act) prohibits discrimination against employees over 65 years of age.

Objective decisions are based on fact, cognitive knowledge, or quantifiable evidence.

The Acme Global Corporation was ordered by a court to correct past discrimination within the organization.What the Acme Global Corporation is required implement as a result is a(n) __________ plan

Business necessity arguments are specifically prohibited as a defense to disparate treatment cases.

Rebecca has diabetes and is considered disabled under the Americans with Disabilities Act.Her boss allows her to take breaks to eat, to take her medication, and to test her blood sugar levels.These actions by her employer are _________.

Maxwell filed a sexual harassment complaint against his supervisor.Afterward, Maxwell's schedule was changed to the most undesirable shift and his work was constantly criticized.It is likely that Maxwell experienced _______ for alleging sexual harassment.

Two kitchen workers got into an argument about whose turn it was to clean up the work station.The argument escalated into a food fight that cost the restaurant hundreds of dollars in food supplies.The kitchen manager disciplined both workers, giving one a two-day suspension and the other a four-day suspension.The kitchen manager's actions violated the __________ part of the OUCH test.

Taylie, Ryan, and Paige are working together on a team.Each member is from a different culture and brings a different perspective on the work to the task.However, the group struggles with conflict to the point that creativity is stifled and the team's work becomes very difficult to accomplish.The team is experiencing _________.

Disparate treatment might be legal if it:

What is the difference between disparate impact and disparate treatment?

If we are outside the Four-Fifths Rule, we have automatically broken the law.

When the Civil Rights Act was amended in 1991, one major change included: