Managing Equal Opportunity and Diversity



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Chapter 2 Managing Equal Opportunity and Diversity

Chapter 2

Managing Equal Opportunity and Diversity




Multiple Choice:


  1. One survey of 300 corporate general counsels found that their biggest litigation fear was:

    1. employment discrimination lawsuits.

    2. product liability lawsuits.

    3. public discrimination lawsuits.

    4. occupational injury lawsuits.




  1. The Amendment which states that “no person shall … be deprived of life, liberty, or property without due process of the law” is the:

    1. First Amendment.

    2. Third Amendment.

    3. Fifth Amendment.

    4. Seventh Amendment.




  1. The Equal Employment Opportunity Commission was instituted by the passage of:

    1. Equal Pay Act.

    2. Age Discrimination in Employment Act.

    3. Equal Employment Opportunity Act.

    4. Title VII of the 1964 Civil Rights Act.




  1. Which of the following was not a result of executive orders?

    1. Federal contractors must take affirmative action to ensure equal employment opportunities.

    2. Policy against employment discrimination based on race, color, religion, sex, national origin, age, or physical handicap.

    3. Establishment of the Office of Federal Contract Compliance.

    4. Enforcement rules for the Equal Pay Act.




  1. The organization that is responsible for monitoring of federal contractors is:

    1. Equal Employment Opportunity Commission.

    2. Office of Federal Contract Compliance Programs.

    3. Department of Labor.

    4. Department of Commerce.




  1. The Equal Pay Act of 1963 (amended in 1972) made it unlawful to discriminate in pay on the basis of sex when jobs require:

    1. equal work.

    2. equivalent work.

    3. comparable work.

    4. quality of work.



  1. The Age Discrimination in Employment Act of 1967 (amended in 1978) made it unlawful to discriminate against employees or applicants for employment between the ages of:

    1. 40 and 70.

    2. 50 and 65.

    3. 40 and up without any age cap.

    4. 50 and up without any age cap.




  1. The Vocational Rehabilitation Act of 1973 required employers with federal contracts over $2,500 to have affirmative action programs for:

    1. individuals over the age of 40.

    2. handicapped persons.

    3. minorities.

    4. females.




  1. The Act which requires employers to make reasonable accommodations for employees with physical or mental limitations is the:

    1. Equal Employment Act.

    2. Employment Discrimination Act.

    3. Americans with Disabilities Act.

    4. Handicap and Rehabilitation Act.




  1. The textbook mentions each of the following organizations settling equal opportunity related lawsuits except:

    1. Morgan Stanley.

    2. Boeing.

    3. Wal-Mart.

    4. American Express.




  1. The Pregnancy Discrimination Act of 1978, as an amendment to the Civil Rights Act of 1964, Title VII, covers:

    1. sex discrimination as to pregnancy, childbirth, or related medical conditions.

    2. discrimination on the basis of minority for promotion.

    3. any medical condition regardless of the illness.

    4. sex discrimination pertaining to sexual harassment in the workplace.




  1. Standards issued by federal agencies charged with ensuring compliance with equal employment federal legislation explaining recommended employer procedures in detail are:

    1. executive directives.

    2. federal agency guidelines.

    3. federal handbook.

    4. uniform guidelines.




  1. Standards for Educational and Psychological Testing is published by the:

    1. Office of Federal Contract Compliance.

    2. Department of Education.

    3. Equal Employment Opportunity Commission.

    4. American Psychological Association.



  1. The Uniform Guidelines on Employee Selection Procedures set forth “highly recommended” procedures for the following matters except for:

    1. record keeping.

    2. affirmative action programs.

    3. selection devices.

    4. sexual harassment.




  1. The Civil Rights Act of 1991 permitted victims of intentional discrimination to sue for:

    1. only actual damages.

    2. actual and future damages.

    3. compensatory and punitive damages.

    4. foreseeable and reasonable damages.




  1. Which of the following would not be included in a sexual harassment charge?

    1. Unwelcome sexual advances

    2. Request for sexual favors

    3. Verbal and physical conduct of a sexual nature

    4. Secretly viewing internet pornography




  1. In the context of sexual harassment, the courts may decide a hostile environment exists even if no direct threats or promises are made in exchange for:

    1. sexual behavior.

    2. money.

    3. bonuses.

    4. vacation time.




  1. The Quid Pro Quo principle says that one way to prove sexual harassment is to prove that:

    1. customers were allowed to make sexually suggestive comments.

    2. rejecting a supervisor’s advances affected tangible benefits.

    3. the supervisor habitually made sexual comments.

    4. employees are required to wear sexually provocative clothing.




  1. The following are measures used to prevent sexual harassment in the workplace except for:

    1. an explicit policy against harassment.

    2. training to sensitize all supervisory and non-supervisory employees.

    3. effective internal complaint procedures.

    4. paid legal services for employees.




  1. The first step for an employee in eliminating the problem of sexual harassment should be:

    1. verbal request to the harasser and his/her boss that the overtures cease.

    2. written request to the harasser and his/her boss that the overtures cease.

    3. phone call to the EEOC to inform them of the problem.

    4. letter to the EEOC to inform them of the problem.




  1. Griggs vs. Duke Power was a landmark case where the company required applicants to have a high school degree for a coal handler's job; Griggs argued it was illegal discrimination because:

    1. high school standards had slipped.

    2. a high school degree was not related to success on the job.

    3. at that time high schools were segregated.

    4. no minorities had high school degrees.

  2. Persons such as minorities and women who are covered by equal opportunity laws including Title VII are referred to as the:

    1. civil rights groups.

    2. reference group.

    3. protected class.

    4. covered class.




  1. In the Griggs vs. Duke Power case, Chief Justice Burger stated that the burden of proof to show the hiring practice is job related is on the:

    1. employee.

    2. OFCCP.

    3. EEOC.

    4. employer.




  1. The Albemarle Paper Company v. Moody case required employers to:

    1. lower their selection requirements in regard to minorities.

    2. conduct interviews that are job related.

    3. validate employment selection tests.

    4. validate application forms.




  1. The EEOC assists in administering the Civil Rights law with:

    1. a staff of thousands.

    2. self-help tutorials.

    3. a lawyer referral program.

    4. random unannounced inspections.




  1. The term that means there is a disparity between the proportion of a protected group applying for a position and the proportion getting the job is:

    1. illegal treatment.

    2. disparate impact.

    3. disparate treatment.

    4. illegal impact.




  1. The term that means there is an intentional disparity between the proportion of a protected group applying for a position and the proportion getting the job is:

    1. illegal treatment.

    2. disparate impact.

    3. disparate treatment.

    4. illegal impact.




  1. When disparate impact has been demonstrated against an employer, the firm can defend this practice by:

    1. showing that the challenged practice was job related for the position in question.

    2. showing that the challenged practice was not job related for the position in question.

    3. showing that the challenged practice was not intentional.

    4. showing that the challenged practice was rational.




  1. In the Civil Rights Act of 1991, a discrimination charge can be justified through a defense of:

    1. affirmative action.

    2. equal employment opportunities.

    3. business necessity.

    4. quota systems.




  1. The Americans with Disabilities Act set forth all of the following as conditions that are not to be regarded as disabilities except:

    1. homosexuality.

    2. schizophrenia.

    3. voyeurism.

    4. compulsive gambling.




  1. The Americans with Disabilities Act (ADA) prohibits discriminating against qualified individuals with disabilities in all the following areas except:

    1. promotion.

    2. hiring.

    3. compensation.

    4. abilities.




  1. The Americans with Disabilities Act prohibits employers from discriminating against:

    1. qualified individuals requiring the firm to make reasonable accommodations for physical or mental limitations unless doing so imposes an undue hardship on the business.

    2. qualified individuals requiring the employer to make full accommodations for physical or mental limitations.

    3. individuals having physical or mental limitations and provides financial assistance for expensive accommodations.

    4. individuals who are entitled to restitution and punitive damages regardless of their disabilities.




  1. In respect to the Americans with Disabilities Act, employers may ask questions in which of the following areas during an interview?

    1. health

    2. disabilities

    3. medical history

    4. work experience




  1. According to the Americans with Disabilities Act, the following are considered to be mental impairments except for:

    1. spinal disconfiguration.

    2. dyslexia.

    3. severe depression.

    4. brain damage.




  1. State and local equal employment opportunity agencies are often called:

    1. Equal Employment Opportunity Commissions.

    2. Human Relations Commissions.

    3. State Wage and Hour Commissions.

    4. Bureaus of Employment Security.

  2. The overall impact of an employer's total practices that result in significantly higher percentages of members and minorities and other protected groups being rejected for employment, placement, or promotion is referred to as:

    1. disparate impact.

    2. disparate treatment.

    3. adverse impact.

    4. affirmative action.




  1. In an employer selection procedure where 80 percent of the white applicants pass a test and only 20 percent of black applicants pass a test, black applicants have a prima facie case showing:

    1. actual impact.

    2. disparate treatment.

    3. adverse impact.

    4. affirmative treatment.




  1. Once adverse impact has been demonstrated to the satisfaction of the court, the burden of proof is on the:

    1. plaintiff.

    2. supervisor.

    3. EEOC.

    4. employer.




  1. A defense an employer can use in defending a charge of discrimination is derived from a:

    1. business defense strategy.

    2. business necessity.

    3. bona fide occupational title of defense.

    4. business defense of disparate treatment.




  1. The requirement that an employee be of a certain religion, sex, or national origin where it is reasonably necessary to the organization's normal operation is:

    1. business defense strategy.

    2. bona fide occupational qualification.

    3. business necessity.

    4. business defense of disparate treatment.




  1. Which of the following cannot apply in a discrimination suit where an employer is using a defense strategy of BFOQ?

    1. Religion

    2. Sex

    3. National origin

    4. Harassment




  1. Attempts by employers to show that their selection tests or other employment practices are valid represent an example of:

    1. business necessity.

    2. BFOQ.

    3. adverse impact.

    4. affirmative action.



  1. If an employer is sure that his/her hiring practices do not adversely affect the members of a protected group, he/she may continue asking:

    1. work experience related questions.

    2. education related questions.

    3. age related questions.

    4. job skill related questions.




  1. Requirements for physical characteristics such as height and weight that can have an adverse impact on certain ethnic groups and women are unlawful unless they can be shown to be:

    1. job related.

    2. consistent with the advertisement.

    3. equal opportunity employers.

    4. affirmative action employers.




  1. Fair employment laws protect job applicants as well as:

    1. previous employees.

    2. homosexual employees.

    3. current employees.

    4. union members.




  1. An employer can be held responsible on a sexual harassment charge by requiring an employee to:

    1. follow a dress code.

    2. wear a provocative uniform.

    3. wear a multicolored uniform.

    4. not wear a uniform.




  1. A person's employment discrimination charge to the EEOC is often first deferred to the:

    1. federal regulatory agency.

    2. county government official.

    3. state regulatory agency.

    4. sheriff's department.




  1. When an employer receives a discrimination complaint from the EEOC, it should:

    1. not cooperate with the EEOC.

    2. appear cooperative, but not submit any documents to the EEOC.

    3. cooperate and submit a position statement based on the firm's investigation to the EEOC.

    4. cooperate and seek an out-of-court settlement.




  1. When the EEOC initiates a complete investigation of a discrimination charge against an employer, it is recommended that the firm have:

    1. information on file demonstrating lack of merit of the charge.

    2. lack of information on file, but suggest there is merit based on the charge.

    3. fullest degree of information on file, but suggest there is a lack of merit based on the charge.

    4. hidden any files with information about the charge.



  1. In response to a discriminatory action complaint, the employer should limit the information supplied to the EEOC to only those issues raised in the:

    1. legal code filed.

    2. equal employment policy.

    3. affirmative action policy.

    4. charge filed.




  1. An informal meeting held early in the investigation process of a discrimination complaint that is aimed at defining issues and determining whether there is a basis for negotiation is:

  1. a fact-finding conference.

  2. unilateral bargaining.

  3. collective bargaining.

  4. an individual conference.




  1. The program that goes beyond equal employment opportunity by requiring the employer to make an extra effort to hire and promote those in a protected group is:

    1. disparate impact program.

    2. human resource management.

    3. affirmative action.

    4. quota program.




  1. Employers can defend themselves against sexual harassment liability by showing that they exercised reasonable care to prevent and correct sexually harassing behavior and by showing that the plaintiff:

    1. dressed in a manner that invited the harassment.

    2. has a sexually promiscuous history.

    3. violates company rules.

    4. failed to take advantage of preventative or corrective opportunities.




  1. Many employers have promulgated strong sexual harassment policies, trained managers and employees, instituted reporting processes, investigated charges promptly, and then taken corrective actions promptly. According to the text, this:

    1. is sufficient to satisfy the EEOC.

    2. will resolve any lawsuits.

    3. will fulfill the affirmative action requirements.

    4. may not be enough.




  1. The EEOC's guidelines on sexual harassment state that employers have an affirmative action duty to maintain a workplace free of sexual harassment and:

    1. promiscuity.

    2. vulgar language.

    3. intimidation.

    4. pornography.




  1. All of the following are things an employer should do about sexual harassment claims, except:

    1. take all claims seriously.

    2. issue a strong policy statement.

    3. discipline supervisors and employees who perpetrate sexual harassment.

    4. instigate an investigation to stall so that things can cool off.




  1. Under the Civil Rights Act of 1991, an employee can receive punitive damages if it can be shown that the employer acted with:

    1. premeditation.

    2. negligence.

    3. carelessness.

    4. malice.




  1. If an individual cannot perform the job as currently structured because of a disability, the employer:

    1. is not required to hire that person.

    2. is required to make a reasonable accommodation.

    3. is not required to modify work schedules, even if reasonable.

    4. is required to take an undue hardship.




  1. Using the business necessity defense in a discrimination case may involve showing:

    1. an issue of safety for the employer.

    2. an issue of inconvenience for the employer.

    3. an annoyance for the employer.

    4. an expense for the employer.




  1. You cannot give preference to hiring of relatives of employees if your current employees are:

    1. substantially nonminority.

    2. substantially of one minority.

    3. essentially diverse.

    4. completely dissimilar.




  1. All of the following are examples of a BFOQ, except:

    1. age limit for pilots.

    2. age requirement for actors.

    3. religion requirement for priests

    4. age requirement for managers.




  1. Proving a case of adverse impact:

    1. entitles you to compensatory damages only.

    2. entitles you to compensatory and punitive damages.

    3. by itself does not win the suit.

    4. by itself is grounds for appeal.




  1. The ADA allows an employer to ask a job candidate about his or her:

    1. disabilities.

    2. ability to do job tasks.

    3. cosmetic disfigurements.

    4. mental or psychological disorders.




  1. When the Civil Rights Act of 1991 conflicts with the laws of another country:

    1. the Civil Rights Act applies only to US employees employed by U.S. companies.

    2. the other country’s laws apply to all employees in that country.

    3. the Civil Rights Act applies to all employees of U.S. companies.

    4. the other country’s laws apply to citizens of that country only.




  1. The Americans with Disabilities Act:

    1. has an addendum listing specific disabilities that are covered.

    2. lists examples of types of disabilities that are covered.

    3. does not list specific disabilities that are covered.

    4. covers physical disabilities and does not cover mental disabilities.



True / False:


  1. Title VII of the Civil Rights Act bars discrimination on the part of all public or private employers of 15 or more.

    1. True

    2. False




  1. Sexual harassment occurs only between people of the opposite sex.

    1. True

    2. False




  1. The Age Discrimination in Employment Act only makes it unlawful to discriminate against those who are between 40 and 65 years of age.

    1. True

    2. False




  1. Taking reasonable steps to prevent sexual harassment may not be enough.

    1. True

    2. False




  1. An employment practice can have an unequal impact on members of a protected class if it is shown to be affirmative action related.

    1. True

    2. False




  1. The Equal Employment Act created guidelines on immigration.

    1. True

    2. False




  1. The employee can take several steps to eliminate being sexually harassed whereas the employer can do very little about harassment.

    1. True

    2. False




  1. In the landmark case of Griggs v. Duke Power Company, the Court ruled that discrimination need not be overt to be illegal, employment practices must be related to job performance, and the burden of proof rests with the employer to show hiring standards are job related.

    1. True

    2. False




  1. Disparate treatment means there is an unintentional disparity between the proportion of a protected group applying for a position and the proportion getting the job.

    1. True

    2. False




  1. Victims of disparate treatment can sue for compensatory and punitive damages, making it more likely for employers to settle claims out of court.

    1. True

    2. False




  1. The ADA prohibits discrimination against a list of specific disabilities, which includes homosexuality, bisexuality, voyeurism, compulsive gambling, pyromania, and disorders resulting from drug use.

    1. True

    2. False




  1. According to some state and local equal employment opportunity laws, advertising for a mature individual would be discriminatory.

    1. True

    2. False




  1. There are just two defenses an employer can use in a discriminatory practice allegation: business necessity and bona fide occupational qualification.

    1. True

    2. False




  1. Under the Civil Rights Act of 1991, an employee can only receive punitive damages if it can be shown there was "malice or reckless indifference."

    1. True

    2. False




  1. In most cases, firing a minority whose salary is garnished is illegal.

    1. True

    2. False




  1. Under the ADA, the courts tend to define disabilities quite broadly.

    1. True

    2. False




  1. The EEOC employs judges and is empowered to make awards and judgments of discrimination.

    1. True

    2. False




  1. In answering a discrimination charge, an employer should answer the EEOC's questionnaire and not provide a detailed statement outlining the firm's defense.

    1. True

    2. False




  1. At a fact-finding conference, the investigator makes the decision on whether or not the EEOC finds cause.

    1. True

    2. False



  1. Quota strategy is aimed at changing practices that have contributed in the past to excluding or underutilizing protected groups.

    1. True

    2. False


Essay:


  1. Outline the pros and cons to affirmative action plans. Then state which side you believe is most persuasive and why.




  1. Aside from the threat of a sexual harassment suit, why should employers want to maintain a workplace where employees are limited from activities that might be viewed as sexual harassment? Shouldn't employees be free to tell dirty jokes, keep pornography in their areas, and fraternize?




  1. Until the Civil Rights Act of 1991, employees who had been discriminated against could only seek reinstatement, back wages, and legal fees. What additional compensation can employees seek now? What criteria must be met in order for them to be awarded that compensation? Do you think this additional compensation is appropriate? Why or why not?




  1. Some people feel that the EEOC does not have any "teeth" or power. Others feel that it is too powerful and should be reduced. And, of course, some believe that the balance of power is just right. Choose your position, explain why you believe so, and defend that position.




  1. Why should an employer be concerned about having a diverse workforce? What are the advantages?

Answers

Multiple-Choice


1. a M, 28; AACSB: Multicultural and Diversity – HRM

2. c D, 28; AACSB: Multicultural and Diversity – HRM

3. d D, 28; AACSB: Multicultural and Diversity – HRM

4. d D, 29; AACSB: Multicultural and Diversity – HRM

5. b M, 30; AACSB: Multicultural and Diversity – HRM

6. a M, 28; AACSB: Multicultural and Diversity – HRM

7. c E, 29; AACSB: Multicultural and Diversity – HRM

8. b E, 29; AACSB: Multicultural and Diversity – HRM

9. c E, 37; AACSB: Multicultural and Diversity – HRM

10. d M, 25-26; AACSB: Multicultural and Diversity – HRM

11. a E, 29; AACSB: Multicultural and Diversity – HRM

12. b D 30; AACSB: Multicultural and Diversity – HRM

13. d M, 30; AACSB: Multicultural and Diversity – HRM

14. d M, 30; AACSB: Multicultural and Diversity – HRM

15. c M,30; AACSB: Multicultural and Diversity – HRM

16. d E, 31; AACSB: Multicultural and Diversity – HRM

17. a E, 31; AACSB: Multicultural and Diversity – HRM

18. b M, 31; AACSB: Multicultural and Diversity – HRM

19. d E, 34; AACSB: Multicultural and Diversity – HRM

20. a E, 35; AACSB: Multicultural and Diversity – HRM

21. b D, 35; AACSB: Multicultural and Diversity – HRM

22. c E, 36; AACSB: Multicultural and Diversity – HRM

23. d M, 36; AACSB: Multicultural and Diversity – HRM

24. c M, 36; AACSB: Multicultural and Diversity – HRM

25. a D, 29; AACSB: Multicultural and Diversity – HRM

26. b M, 36; AACSB: Multicultural and Diversity – HRM

27. c M, 37; AACSB: Multicultural and Diversity – HRM

28. a M, 37; AACSB: Multicultural and Diversity – HRM

29. c M, 35; AACSB: Multicultural and Diversity – HRM

30. b D, 37; AACSB: Multicultural and Diversity – HRM

31. d E, 37; AACSB: Multicultural and Diversity – HRM

32. a M, 37; AACSB: Multicultural and Diversity – HRM

33. d E, 40; AACSB: Multicultural and Diversity – HRM

34. a M, 37; AACSB: Multicultural and Diversity – HRM

35. b D, 41; AACSB: Multicultural and Diversity – HRM

36. c M, 43; AACSB: Multicultural and Diversity – HRM

37. c M, 43; AACSB: Multicultural and Diversity – HRM

38. d M, 43; AACSB: Multicultural and Diversity – HRM

39. b M, 44; AACSB: Multicultural and Diversity – HRM

40. b M, 44; AACSB: Multicultural and Diversity – HRM

41. d E, 44; AACSB: Multicultural and Diversity – HRM

42. a E, 44; AACSB: Multicultural and Diversity – HRM

43. c D, 45; AACSB: Multicultural and Diversity – HRM

44. a M, 46; AACSB: Multicultural and Diversity – HRM

45. c M, 46; AACSB: Multicultural and Diversity – HRM

46. b E, 47; AACSB: Multicultural and Diversity – HRM

47. c M, 48; AACSB: Multicultural and Diversity – HRM

48. c M, 50; AACSB: Multicultural and Diversity – HRM

49. a E, 50; AACSB: Multicultural and Diversity – HRM

50. d E, 50; AACSB: Multicultural and Diversity – HRM

51. a M, 50; AACSB: Multicultural and Diversity – HRM

52. c M, 52; AACSB: Multicultural and Diversity – HRM

53. d D, 33; AACSB: Multicultural and Diversity – HRM

54. a E, 33; AACSB: Multicultural and Diversity – HRM

55. c D, 31; AACSB: Multicultural and Diversity – HRM

56. d M, 34; AACSB: Multicultural and Diversity – HRM

57. d D, 37; AACSB: Multicultural and Diversity – HRM

58. d M, 39; AACSB: Multicultural and Diversity – HRM

59. a E, 44; AACSB: Multicultural and Diversity – HRM

60. a E, 46; AACSB: Multicultural and Diversity – HRM

61. d E, 44; AACSB: Multicultural and Diversity – HRM

62. c M, 43; AACSB: Multicultural and Diversity – HRM

63. b E, 39; AACSB: Multicultural and Diversity – HRM

64. b D, 38; AACSB: Multicultural and Diversity – HRM

65. c D, 37; AACSB: Multicultural and Diversity – HRM

True-False


66. True D, 50; AACSB: Multicultural and Diversity – HRM

67. False E, 30; AACSB: Multicultural and Diversity – HRM

68. False E, 30; AACSB: Multicultural and Diversity – HRM

69. True E, 34; AACSB: Multicultural and Diversity – HRM

70. False D, 43; AACSB: Multicultural and Diversity – HRM

71. False M, 29; AACSB: Multicultural and Diversity – HRM

72. False D, 33; AACSB: Multicultural and Diversity – HRM

73. True D, 35; AACSB: Multicultural and Diversity – HRM

74. False M, 43; AACSB: Multicultural and Diversity – HRM

75. True D, 37; AACSB: Multicultural and Diversity – HRM

76. False M, 37; AACSB: Multicultural and Diversity – HRM

77. True E, 40; AACSB: Multicultural and Diversity – HRM

78. False D, 44; AACSB: Multicultural and Diversity – HRM

79. True D, 37; AACSB: Multicultural and Diversity – HRM

80. True M, 43; AACSB: Multicultural and Diversity – HRM

81. False D, 40; AACSB: Multicultural and Diversity – HRM

82. False M, 49; AACSB: Multicultural and Diversity – HRM

83. False M, 50; AACSB: Multicultural and Diversity – HRM

84. False M, 50; AACSB: Multicultural and Diversity – HRM

85. False D, 51; AACSB: Multicultural and Diversity – HRM



Essay


86. Pro: Enhances the employment opportunities of women and minorities as a means of repairing the effects of past discrimination; attracts valuable members of protected groups to your company; gives better standing for the company in its dealings with the minority and female community; improves the marketing effort of the company towards protected groups.
Con: May conflict with the Civil Rights Act of 1991, resulting in the affirmative action being illegal; nonbeneficiaries may feel they have been treated unfairly; may lower self-evaluation of those in the protected group; can result in "token" hiring if not managed properly; etc.

M, 51-54
87. Although these items are not specifically in the book, students should have gathered that there are benefits to a harassment-free workplace beyond the bounds of avoiding litigation. The benefits include, but are not limited to: better performance by employees who would have been the targets of harassment, better morale for all employees as they sense an atmosphere of fairness, better public and customer relations as harassment or hostile environments do not spill over to these areas, better marketing and sales as a result of the public and customer relations.


Students should also recognize that although employees have the right to free speech, to read what they choose, and to fraternize and date, they do not have the right to do any of those things in a way that infringes on the liberties of another person. In other words, any of those actions can create a workplace where very capable and talented people are stifled or intimidated out of being able to pursue their right to a job. M, 30-33
88. This is a multiple-part question. Students should have been careful enough to fully answer each part. Additional compensation now includes (1) any other compensatory damages, and (2) punitive damages. For compensatory and punitive damages to be awarded, it must be shown that the company engaged in intentional discrimination and that the employer engaged in discrimination "with malice or reckless indifference to the federally protected rights of an aggrieved individual."
Hopefully the students will believe that it is appropriate that this compensation was added; however, as long the arguments are well-thought-out and defended, there is not a correct or incorrect answer to this part of the question. Reasons for the appropriateness of the compensation may include that under the old system, the financial penalties to an employer were so minor as to not be any deterrent towards discrimination. The effects, however, of the discrimination on the aggrieved individual could easily be complete financial devastation. This move merely evens the scales and provides stronger encouragement against discrimination. M, 36-37
89. Some elements that might be in each of the arguments include:
Too little power: Because the EEOC is underfunded and does not have judicial or regulatory power, it is ineffective. It's underfunding keeps it from adequately investigating or pursuing real cases of discrimination. Its lack of ability to issue judgments against an organization allows cases to be stalled for years. Individuals can rarely financially survive the lengthy process, but companies can.
Too much power: The EEOC has the ability to intrude, through its investigation, into the privacy of the company. Additionally, by having the ability to take the company to court, the vast resources of the government can be arrayed against even a small company--possibly forcing it into bankruptcy, even though they have not been proven guilty.
Just right: The EEOC does not have judicial power but does have the ability to investigate and make recommendations. In many cases, they may find insufficient evidence of discrimination and rightfully report their findings as such. In other cases, they may find sufficient evidence. If they find sufficient evidence, they may broker an agreement, or they may "pull alongside" the aggrieved party to take the employer to court. They do not have the power to make a judgment, only to argue in court for a judgment. Their ability to take the case to court is necessary to even the balance of financial power between the aggrieved individual and the company in question.
First, EEOC investigators are not judges or courts--they merely make recommendations. Once EEOC has determined there is a violation of a law, its only recourse is to file a suit or issue a Notice of Right to Sue to the person or parties who filed the charge. Employers should cooperate; however, EEOC can only ask for, not demand, the submission of documents. It is recommended that the employer submit a position statement related to only those issues raised in the charge itself.

D, 48-49
90. Obviously, having a diverse workforce can protect you against some forms of discrimination claims. However, there are many business-related advantages to having a diverse workforce. Demographic changes and globalization of markets have made diversity important for: attracting and retaining highly qualified workforce, customer goodwill, marketing, product development, garnering language skills, obtaining cultural skills and information, tapping new markets, etc.


M, 51-52


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