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If a disability keeps a person from performing the _______ of a job, the person does not have to be hired or retained.


A) marginal functions
B) essential functions
C) remote functions
D) standard functions

E) A) and B)
F) A) and C)

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Asking a coworker out on a date is sexual harassment if:


A) he/she is not interested
B) the request is made several times
C) both options must occur
D) either of the two options occurs

E) A) and B)
F) A) and C)

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In which of the following ADR methods does a neutral third-party make a decision that both sides must abide by?


A) Binding arbitration
B) Nonbinding arbitration
C) Mediation
D) Negotiation

E) A) and B)
F) A) and C)

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Unlike the Fourteenth Amendment, for an employment practice to be potentially illegal under the Civil Rights Act, the discrimination does not have to:


A) be continuous
B) be intentional
C) effect large groups
D) show past discrimination

E) B) and C)
F) C) and D)

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All employees at Wally World Amusement Park are required to work on weekends because that is when 80% of the customers visit the park. Alex likes to go to church on Sunday morning and asks that he not have to work on Sunday. Must the park accommodate his request?


A) Yes, religious accommodations must always be make
B) No, because going to church in the morning is a preference and he can go in the evening
C) No, private sector organizations are not required to accommodate days of worship
D) Yes, preferences for days and time of worship are protected

E) None of the above
F) All of the above

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With a _______, the agency agrees with a judge that it has not hired or promoted enough members of a protected class and is willing to make changes.


A) labor union agreement
B) desire to be a good citizen
C) court order
D) consent decree

E) B) and C)
F) A) and D)

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Research has indicated that employees hired due to affirmative action programs are perceived by coworkers as:


A) lucky
B) more competent
C) equally competent
D) less competent

E) None of the above
F) A) and D)

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What are the two types of sexual harassment?

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•quid pro ...

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According to the Lilly Ledbetter Fair Pay Act, an employee filing a discrimination complaint with the EEOC regarding pay discrimination, has 180 days from when she:


A) was hired
B) received her last pay check
C) was told of her salary
D) discovered she was underpaid

E) A) and B)
F) A) and D)

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What employment practices are most subject to invasion of privacy issues?

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•Drug testing
•Offic...

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_______ means a particular employment decision results in negative consequences more often for members of one protected group than for another.


A) Adverse impact
B) Bad faith dealings
C) Disparate treatment
D) Bona fide occupational qualification

E) B) and C)
F) A) and B)

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The courts have clearly ruled that a customer's satisfaction and/or preference ________ used to determine if a job requirement is a BFOQ.


A) should be
B) must be
C) cannot be
D) the courts haven't ruled on this issue

E) All of the above
F) A) and C)

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Jean is the 2nd highest paid employee at Reilly, Inc. She has worked there 3 years and wants to take 4 weeks of unpaid leave to have a baby. She gave the company 45 days notice but they rejected her request. Under the FMLA, the company can do this because she:


A) is a key employee
B) hasn't worked at the company long enough
C) asked for too much leave
D) did not give the required amount of notice

E) B) and D)
F) B) and C)

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AT&G does not have any female employees. Ann Smith applied for a job as a machine operator. Though she did not obtain the minimum score of 40 on the machine operator test, AT&G plans to hire her as part of their new affirmative action plan. There are 10 men who passed the test who did not get hired. Is this legal?


A) No, an applicant must be qualified to be given preference based on gender or race
B) No, preference is never allowed
C) Yes, because AT&G has no women employees, they can do this
D) Yes, because they are only changing their rules for one person, this would be a reasonable plan

E) A) and B)
F) A) and C)

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_______ is a judicial interpretation of a law and is important because it establishes a precedent for future cases.


A) A statute
B) Case law
C) A briefing
D) A sanction

E) None of the above
F) A) and C)

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The "equal protection" clause of the Fourteenth Amendment mandates that no state may deny a person equal protection under the law. Because any suite filed under the Fourteenth Amendment must demonstrate ______, it is not often used.


A) intent
B) past discrimination
C) equal protection
D) due process

E) A) and C)
F) A) and D)

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In the past few years, about _____ discrimination complaints were filed with the Equal Employment Opportunity Commission.


A) 90,000
B) 500,000
C) 950
D) 10,000

E) A) and B)
F) None of the above

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What are the federally protected classes?

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•Sex (male, female)
•Race (Afr...

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The Civil Rights Act has also been interpreted by the courts to cover such issues as sexual harassment, age harassment, and race harassment. These issues are related to the organization's:


A) structure
B) hiring practices
C) atmosphere
D) policies

E) A) and B)
F) A) and C)

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A test asking questions about sexual orientation or belief in God might be illegal due to:


A) invasion of privacy
B) adverse impact
C) tort law
D) low reliability

E) B) and C)
F) C) and D)

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