BUS243 Chapter 3

What is one way in which the executive branch helps create the legal environment for human resource management?

• filing suit against violators of equal opportunity laws

• enacting laws governing worker safety and health

• interpreting federal laws

• overturning Supreme Court decisions

Answer explanation

The executive branch is responsible for enforcing the laws passed by Congress. Agencies do this through a variety of actions, from drawing up regulations detailing how to abide by the laws to filing suit against alleged violators. In addition, the president may issue executive orders.

Which action could be an example of how the Occupational Safety and Health Administration plays a role in the legal environment for human resource management?

• passing laws to protect workers' safety and health

• holding trials concerning alleged violations of its regulations

• issuing executive orders related to worker safety and health

• filing lawsuits against alleged violators of the Occupational Safety and Health Act

Answer explanation

The executive branch, including many regulatory agencies that the president oversees, is responsible for enforcing the laws passed by Congress. Agencies, including the Occupational Safety and Health Administration, do this through a variety of actions, from drawing up regulations detailing how to abide by the laws to filing suit against alleged violators.

Which statement characterizes the Age Discrimination in Employment Act?

• It favors the idea of coercing employees to accept early retirement incentives.

• It permits an employer to reduce the fringe benefits to all employees over 40.

• It permits companies to lay off older workers when the economy is slow.

• It outlaws making employment decisions based on age in people over 40.

Answer explanation

In 1967, Congress passed the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against workers who are over the age of 40. Similar to Title VII, the ADEA outlaws hiring, firing, setting compensation rates, or other employment decisions based on a person's age being over 40.

Which statement accurately represents the Americans with Disabilities Act?

• It permits discrimination in areas such as layoffs and leaves.

• It goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the legislation.

• It permits an employer to cut down on fringe benefits of individuals with disabilities.

• It is used to protect individuals with conditions such as obesity and substance abuse.

Answer explanation

In contrast to other Equal Employment Opportunity Commission laws, the Americans with Disabilities Act goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the act.

Which statement about a bona fide occupational qualification is true?

• It is a necessary qualification for a job.

• It is considered illegal by a court.

• It is strictly prohibited by organizations.

• It is a preferred qualification for the job.

Answer explanation

The courts have held that in some situations, a factor such as sex or religion may be a bona fide occupational qualification, that is, a necessary (not merely preferred) qualification for performing a job. In such cases, disparate treatment is legal.

An accounting firm is in the process of interviewing candidates for the position of administrative assistant. A job candidate arrives at an interview accompanied by a service dog. Which action by an employer would best meet the requirements of equal employment opportunity?

• telling the candidate politely that a blind person can't be a receptionist

• explaining that the company has a no-pets rule

• describing job requirements and asking the employee how she would meet them

• making every possible accommodation for this person, at any cost

Answer explanation

Especially in situations involving religion and individuals with disabilities, equal employment opportunity may require that an employer make reasonable accommodations. In employment law, this term refers to an employer's obligation to do something to enable an otherwise qualified person to perform a job. For employees with disabilities, reasonable accommodations vary according to the individual's needs. An accommodation is considered "reasonable" if it does not impose an undue hardship on the employer, such as an expense that is large in relation to a company's resources.

Which statement about avoiding discrimination is true?

• A bona fide occupational qualification is a merely preferred qualification for performing a job.

• Proving disparate impact in court requires showing an employer's intent.

• Proving disparate treatment in court does not require the plaintiff showing an employer's intent.

• Reasonable accommodation is provided subject to the condition of undue hardship.

Answer explanation

If accommodating a disability would require significant expense or difficulty, an employer may be exempt from the reasonable accommodation requirement (although the employer may have to defend this position in court). An accommodation is considered "reasonable" if it does not impose an undue hardship on the employer, such as an expense that is large in relation to a company's resources.

What is the legal basis for considering sexual harassment to be illegal discrimination?

• It is a threat to workplace safety.

• It is a form of disability-related discrimination.

• It is a form of sexual discrimination.

• It is a form of workplace violence.

Answer explanation

Based on Title VII's prohibition of sex discrimination, the EEOC defines sexual harassment of employees as unlawful employment discrimination. For example, creation of a hostile work environment creates an environment in which it is difficult for someone of a particular sex to work. These behaviors treat individuals differently based on their sex.

Which statement about quid pro quo harassment is true?

• It refers to an individual gaining benefit in return for a sexual favor.

• It involves mocking an individual's sexual orientation.

• It involves making hiring decisions based on the gender of the applicant.

• It provides preferential treatment for the minority gender at the workplace.

Answer explanation

Sexual harassment involves quid pro quo harassment, meaning that a person offers a benefit (or punishment) contingent on an employee's submitting to (or rejecting) sexual advances.

Wayne is an HR manager preparing a message to his company's employees, explaining the company's new policy of valuing diversity. Which statement should he use to express the best business case for valuing diversity?

• A diverse workforce is necessary to stay out of legal trouble related to equal employment opportunity.

• A diverse workforce makes the company more competitive by providing insights into its diverse customers.

• Valuing diversity takes many forms, including affirmative action and rewards for demonstrating respect.

• Valuing diversity need not be limited to employees in categories protected by law.

Answer explanation

The United States is a diverse nation and becoming more so. In addition, many U.S. companies have customers and operations in more than one country. Managers who value diversity define a diverse workforce as a competitive advantage that brings them a wider pool of talent and greater insight into the needs and behaviors of their diverse customers.