Chapter 3

Question 1

The legislative branch of the U.S. government is responsible for enforcing the laws passed by Congress.

Answer 1

False

Question 2

The Civil Rights Act of 1991 was partly designed to overturn Supreme Court decisions.

Answer 2

True

Question 3

A person can file a claim under the Fourteenth Amendment on charges of racial discrimination if he or she is fired by a private employer.

Answer 3

False

Question 4

Under the Equal Pay Act of 1963, pay differences are permitted between men and women performing the same job if the difference arises from any factor other than sex.

Answer 4

True

Question 5

Title VII of the Civil Rights Act of 1964 states that employers may retaliate against employees for opposing a perceived illegal employment practice.

Answer 5

False

Question 6

An employer’s refusal to hire a pregnant woman is acceptable by law.

Answer 6

False

Question 7

If an attempt at a settlement fails, the Equal Employment Opportunity Commission (EEOC) may issue a “right to sue” letter to the alleged victim.

Answer 7

True

Question 8

Organizations that are government contractors or subcontractors must file an Employer Information Report (EEO-1) with the Equal Employment Opportunity Commission (EEOC) every year.

Answer 8

True

Question 9

The Office of Federal Contract Compliance Programs audits government contractors to ensure they are actively pursuing the goals in their plans.

Answer 9

True

Question 10

Disparate treatment on the basis of sex is illegal even if it is a bona fide occupational qualification.

Answer 10

False

Question 11

To prove disparate impact in court, a plaintiff in a discrimination lawsuit must show an employer’s intent.

Answer 11

False

Question 12

In employment law, reasonable accommodation refers to an employee’s obligation to adjust and make compromises on their personal beliefs and practices, including completely disregarding them, if they conflict with an organization’s policies.

Answer 12

False

Question 13

A manager who promises a raise to an employee only if they participate in sexual activities is said to be engaging in quid pro quo harassment.

Answer 13

True

Question 14

If an individual’s behavior in the workplace creates an environment in which it is difficult for someone of a particular sex to work, it cannot be regarded as sexual harassment.

Answer 14

False

Question 15

The general-duty clause of the Occupational Safety and Health Act states that it is each employer’s duty to furnish a place of employment free from recognized hazards.

Answer 15

True

Question 16

According to the Occupational Safety and Health Act (OSH Act), employers have the right to withhold an employee’s access to records regarding exposure to hazards.

Answer 16

False

Question 17

If an Occupational Safety and Health Act violation results in citations, an employer must post each citation in a prominent place near the location of the violation.

Answer 17

True

Question 18

Office workers who encounter a chemical infrequently are covered by the requirements of the Occupational Safety and Health Act’s Hazard Communication Standard.

Answer 18

False

Question 19

The Occupational Safety and Health Act directly regulates employee behavior in workplaces to ensure safety.

Answer 19

Fasle

Question 20

Under the job hazard analysis technique, if a single job element has a high hazard potential, the entire job is not completed.

Answer 20

False

Question 21

Suppose you are a human resource executive, supporting strategy. Executives in your industry are concluding that a certain HR-related law no longer seems relevant in the Internet age. To which government branch would it be most effective to turn for addressing the need for a change in the legal environment?
A) the executive branch, requesting it not enforce the existing law
B) the executive branch, requesting a new law in this area
C) the judicial branch, requesting a new law in this area
D) the legislative branch, requesting a new law in this area
E) the legislative branch, requesting it not enforce the existing law

Answer 21

D

Question 22

Which agency is primarily responsible for enforcing the laws passed by Congress?
A) the U.S. House of Representatives
B) the U.S. Senate
C) the executive branch of the government
D) the legislative branch of the government
E) the U.S. Cabinet

Answer 22

C

Question 23

Which action is one of the ways in which the executive branch helps create the legal environment for human resource management?
A) filing suit against violators of equal opportunity laws
B) enacting laws governing worker safety and health
C) interpreting federal laws
D) overturning Supreme Court decisions
E) holding trials concerning violations of equal opportunity laws

Answer 23

A

Question 24

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?
A) passing laws to protect workers’ safety and health
B) holding trials concerning alleged violations of its regulations
C) holding trials concerning alleged violations of the Occupational Safety and Health Act
D) filing lawsuits against alleged violators of the Occupational Safety and Health Act
E) issuing executive orders related to worker safety and health

Answer 24

D

Question 25

Karen is a human resource specialist. To gain competency in her field, she keeps up with business news related to human resource management. One area of the news she pays attention to is coverage of the cases the Supreme Court hears each year. Why would stories about the Supreme Court be relevant for Karen’s career?
A) The Supreme Court may issue rulings that interpret employment law.
B) The Supreme Court may pass laws regulating employment practices.
C) The Supreme Court may issue executive orders related to employee safety.
D) The Supreme Court may require federal contractors to engage in affirmative action.
E) Decisions made by the Supreme Court cannot be overturned by the federal government.

Answer 25

A

Question 26

Maria, a 24-year-old Hispanic woman, pressed charges of sexual harassment against Andrew, a politician. The case became sensational because the accused was one of the strongest candidates in the upcoming elections. In the case’s final stage, the United States Supreme Court issued a verdict that cleared Andrew of all charges on the grounds of lack of evidence. The ruling spurred angry protests from many interest groups, especially Hispanic women, and they wanted the verdict reversed. According to the prevalent system, which among the following would overturn the verdict in this case?
A) a mass petition from the public
B) an appeal from the minority population
C) a law passed by Congress
D) a ruling by the Equal Employment Opportunity Commission
E) a petition from the United States Women Rights Council

Answer 26

C

Question 27

Fiona, a white female applicant, is refused a job at a local college in favor of a less qualified minority applicant. She could consider suing the college on charges of reverse discrimination under the
A) Thirteenth Amendment.
B) Fourteenth Amendment.
C) Twenty-Second Amendment.
D) Civil Rights Act of 1866.
E) Occupational Safety and Health Act.

Answer 27

B

Question 28

Which of the following is enforced by the Equal Employment Opportunity Commission?
A) Thirteenth Amendment
B) Rehabilitation Act of 1973
C) Fourteenth Amendment
D) Executive Order 11246
E) Americans with Disabilities Act of 1990

Answer 28

E

Question 29

Which statement is true about the Civil Rights Acts of 1866 and 1871?
A) They denied plaintiffs any form of compensatory and punitive damages.
B) They restricted the rights of entering into and enforcing contracts to white citizens only.
C) They denied individuals the right to sue in federal court.
D) They excluded other individuals from having the same property rights as white citizens.
E) They were passed to further the Thirteenth Amendment’s goal of abolishing slavery.

Answer 29

E

Question 30

\_\_\_\_\_\_\_\_ granted all persons the same property rights as white citizens, as well as the right to enter into and enforce contracts.
A) The Thirteenth Amendment
B) The Fourteenth Amendment
C) The Civil Rights Act of 1866
D) Title VII of the Civil Rights Act
E) Executive Order 11246

Answer 30

C

Question 31

According to the Equal Pay Act of 1963, men and women performing the same job cannot have differences in pay on the basis of
A) merit.
B) seniority.
C) education.
D) quality of production.
E) sex.

Answer 31

E

Question 32

Mark and Amy hold the same position at an organization. However, Mark is paid more than Amy. According to the Equal Pay Act of 1963, what will strengthen the fact that the pay difference is a legal one?
A) Mark is more skilled than Amy because he is a male.
B) Amy is not an American citizen.
C) Mark is younger than Amy.
D) Amy is pregnant.
E) Mark works the night shift.

Answer 32

E

Question 33

What is true about Title VII of the Civil Rights Act of 1964?
A) The act permits employers to hire job applicants belonging exclusively to a particular nationality.
B) The act applies to organizations with 15 or more employees.
C) The act permits employers to retaliate against employees participating in a proceeding against an employer.
D) The act protects employers from an employee’s opposition to an alleged illegal employment practice.
E) The act permits employers to hire an individual based on his or her gender and race in the absence of a bona fide occupational qualification (BFOQ).

Answer 33

B

Question 34

Ashley thinks that her company is discriminating against a particular group of employees by denying them seniority or promotions. She expresses her concern to a senior human resources manager. This method of expressing concern about an instance of illegal employment through proper channels is known as
A) opposition.
B) retaliation.
C) participation in a proceeding.
D) discrimination.
E) affirmative action.

Answer 34

A

Question 35

Which of the following represents an act of participation in a proceeding?
A) removing a whistleblower from employment
B) implementing affirmative action measures
C) expressing dissatisfaction over employment casually
D) retaliating against a whistleblower
E) testifying in an investigation

Answer 35

E

Question 36

Identify the statement that characterizes the Age Discrimination in Employment Act.
A) It favors the idea of coercing employees to accept early retirement incentives.
B) It permits an employer to reduce the fringe benefits to all employees over 40.
C) It permits companies to lay off older workers when the economy is slow.
D) It outlaws making employment decisions based on a person’s age being over 40.
E) It recommends early retirement incentive programs wherein employees agree not to sue the company for ageism.

Answer 36

D

Question 37

The Age Discrimination in Employment Act protects only those workers who are over the age of
A) 30.
B) 25.
C) 20.
D) 40.
E) 35.

Answer 37

D

Question 38

Which statement reflects a violation of the Age Discrimination in Employment Act?
A) Older employees are permitted to work even after attaining the retirement age.
B) Employees over the age of 40 are forced to retire as part of a company’s downsizing program.
C) A person is denied employment because of the fact that he is a minor.
D) Older workers in an organization are better compensated than the younger workers.
E) An employee chooses voluntary retirement before attaining the retirement age.

Answer 38

B

Question 39

The Vocational Rehabilitation Act of 1973 was introduced to enhance employment opportunity for
A) women.
B) minors.
C) older employees.
D) individuals with disabilities.
E) minorities.

Answer 39

D

Question 40

Which term refers to an organization's active effort to find opportunities to hire or promote people in a particular group?
A) affirmative action
B) disparate impact
C) reasonable accommodation
D) reverse discrimination
E) adverse impact

Answer 40

A

Question 41

Justine, a marketing executive in her late thirties, had worked at a reputable marketing firm for the last three years. However, she was fired from the company without any prior notice when she collapsed at work after experiencing an epileptic seizure. Following this, Justine sued the company under
A) Executive Order 11246.
B) Rehabilitation Act of 1973.
C) Americans with Disabilities Act.
D) Occupational Safety and Health Act.
E) Executive Order 11478.

Answer 41

C

Question 42

The Americans with Disabilities Act protects individuals who
A) are obese.
B) are severely disfigured.
C) engage in substance abuse.
D) are left-handed.
E) are nearsighted.

Answer 42

B

Question 43

Mia’s use of illegal drugs limits her ability to walk properly. The elevator at her office was not working for many months, so Mia needed to climb two flights of stairs and had difficulty getting to her desk. She tried suing her company under the Americans with Disabilities Act, arguing that her company discriminates against individuals who cannot perform major life activities. Which statement would weaken Mia’s argument?
A) Mia is not a senior employee.
B) The ADA prohibits discrimination only against workers who are over the age of 40.
C) The ADA does not cover conditions of substance abuse.
D) Mia is not pregnant.
E) The ADA applies only to the decisions or actions of the government.

Answer 43

C

Question 44

Identify the statement that accurately represents the Americans with Disabilities Act.
A) It permits an employer to cut down on fringe benefits of individuals with disabilities.
B) It permits discrimination in areas such as layoffs and leaves.
C) It goes beyond prohibiting discrimination to require that employers take steps to accommodate individuals covered under the legislation.
D) It classifies a person who needs ordinary eyeglasses or contact lenses to perform each major life activity with little or no difficulty as disabled.
E) It is used to protect individuals with conditions such as obesity and substance abuse.

Answer 44

C

Question 45

Sun Unlimited Energy is a company that produces solar panels for domestic use. It has 800 permanent employees working in different departments. Suppose the company gets involved in a case of intentional employee discrimination. What is the maximum amount of punitive damages it would have to pay under the Civil Rights Act of 1991?
A) $50,000
B) $100,000
C) $200,000
D) $250,000
E) $300,000

Answer 45

E

Question 46

Select the statement that characterizes the Civil Rights Act of 1991.
A) It limits damage claims to attorney’s fees and costs.
B) It requires violators to pay punitive damages that specifically cover emotional pain and suffering.
C) It prohibits violators from paying compensatory damages.
D) It limits the maximum punitive damages allowed depending on the size of an organization.
E) It limits the maximum punitive damages to $50,000 for all organizations even if the discrimination was intentional.

Answer 46

D

Question 47

Bill, an employee with the U.S. Postal Service, was deployed to Iraq to serve in the U.S. Army for two years. After the completion of his military duties, he resumed work at the post office. He was reemployed with an increase in pay. Which law protected Bill by requiring that his employer reemploy him with the seniority, status, and pay rate he would have earned if he had stayed on the job during the time of his deployment?
A) Vocational Rehabilitation Act
B) Uniformed Services Employment and Reemployment Rights Act (USERRA)
C) Americans with Disabilities Act (ADA)
D) Age Discrimination in Employment Act (ADEA)
E) Occupational Safety and Health Act

Answer 47

B

Question 48

Under the Uniformed Services Employment and Reemployment Rights Act of 1994, employers must reemploy workers who left jobs to fulfill military duties for up to \_\_\_\_\_\_\_\_ years.
A) five
B) eight
C) six
D) seven
E) nine

Answer 48

A

Question 49

Edward leaves an organization for three years to fulfill military duties. Which observation is true of his employer’s obligation to reemploy Edward under the Uniformed Services Employment and Reemployment Rights Act?
A) The employer is not obligated to reemploy Edward.
B) The employer must reemploy Edward with the same seniority and status he would have earned if his employment had not been interrupted.
C) The employer must reemploy Edward but is exempted from providing him any fringe benefits or retirement benefits.
D) The employer must implement an early retirement incentive program for Edward.
E) The employer must reemploy Edward with a lower pay scale to compensate for his absence.

Answer 49

B

Question 50

Which of the following requires the federal government to base all its employment policies on merit and fitness?
A) Executive Order 11246
B) Executive Order 11478
C) The Civil Rights Act of 1866
D) The Civil Rights Act of 1871
E) The Rehabilitation Act of 1973

Answer 50

B

Question 51

Larry has been a systems analyst at a software company for six years. Although he works hard, gets favorable performance reviews, takes night classes in business management, and has applied for promotions, his coworkers always get the promotions instead. Larry asked his coworkers about this, and one of them said, “Don’t you realize? This management will never promote someone like you.” This supports Larry’s concern that he may be a target of discrimination because he is black; other talented employees are black, but no black employees have moved into management positions. Larry decides to discuss the problem with the human resource manager. If he can’t find a satisfactory solution that way, with which federal agency could he file a complaint?
A) Anti-Discrimination Federal Agency
B) Equal Employment Opportunity Commission
C) Office of Federal Contract Compliance Programs
D) Uniform Guidelines on Employee Selection Procedures
E) Federal Register

Answer 51

B

Question 52

After filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or other governmental agency, how long will an individual have to wait before having the right to sue in federal court?
A) 30 days
B) 60 days
C) 10 days
D) 20 days
E) 40 days

Answer 52

B

Question 53

A \_\_\_\_\_\_\_\_ refers to an agreement between the Equal Employment Opportunity Commission and an organization that the organization will cease certain discriminatory practices and possibly institute additional affirmative-action practices to rectify its history of discrimination.
A) trust agreement
B) good faith bargaining
C) consent decree
D) letter of indemnity
E) judicial estoppel

Answer 53

C

Question 54

The ________ is the set of guidelines issued by the Equal Employment Opportunity Commission (EEOC) and other agencies to identify how an organization should establish a recruitment process that is free and fair.
A) Uniform Commercial Code
B) Equal Opportunity Legislation and Policy
C) Code of Federal Regulations
D) Uniform Guidelines on Employee Selection Procedures
E) Equal Employment Opportunity Commission’s Employer Information Report

Answer 54

D

Question 55

What is the name of the agency that is responsible for enforcing the executive orders that cover companies doing business with the federal government?
A) the Occupational Safety and Health Administration
B) the National Institute for Occupational Safety and Health
C) the Office of Federal Contract Compliance Programs
D) the Equal Employment Opportunity Commission
E) the Federal Department of Employment and Workplace Relations

Answer 55

C

Question 56

Peggy, a Hispanic female in the accounting department of a large retail chain, believes she has been the victim of race and sex discrimination. Why can’t she turn to the Office of Federal Contract Compliance Programs (OFCCP) for assistance with this problem?

A) The injury to Peggy is under the $50,000 threshold.
B) The OFCCP protection does not cover sex discrimination.
C) Her employer doesn’t have contracts with the federal government.
D) A retail chain would not be affected by federal anti-discrimination laws.
E) Her company does not have an affirmative-action plan on file.

Answer 56

C

Question 57

According to the affirmative-action plan required by the Office of Federal Contract Compliance Programs, which term refers to a comparison of the race, sex, and ethnic composition of an employer's workforce with that of the available labor supply?
A) content analysis
B) job analysis
C) SWOT analysis
D) utilization analysis
E) applied behavior analysis

Answer 57

D

Question 58

According to the affirmative-action plan required by the Office of Federal Contract Compliance Programs, \_\_\_\_\_\_\_\_ refer(s) to a plan identifying the ways in which an organization will meet its diversity goals.
A) action steps
B) utilization analysis
C) diversification
D) affirmative action
E) disparate impact

Answer 58

A

Question 59

Differing conduct toward individuals, where the differences are clearly based on the individuals' race, color, religion, sex, national origin, age, or disability status is termed as
A) sexual discrimination.
B) affirmative action.
C) disparate treatment.
D) reasonable accommodation.
E) reverse discrimination.

Answer 59

C

Question 60

Identify the case in which disparate treatment is considered legal.
A) In a particular retail outlet, male workers are employed to handle the sales.
B) In an electrical company, male workers are exclusively employed to work as electricians.
C) In a vehicle manufacturing company, male workers are exclusively employed in all departments.
D) In a certain shopping mall, female workers are exclusively employed to clean the women’s restroom.
E) In a particular hospital, only female nurses are appointed.

Answer 60

D

Question 61

Which statement is true of a bona fide occupational qualification?
A) It is considered illegal by a court.
B) It is a necessary qualification for a job.
C) It is strictly prohibited by organizations.
D) It is a preferred qualification for the job.
E) It is used to deem disparate treatment illegal.

Answer 61

B

Question 62

Select the case that would most likely be filed under disparate impact.
A) Zeke is not permitted to train on a new manufacturing machine because he has not yet completed his company’s mandatory workplace safety training course.
B) Betty’s coworker, Ruth, is up for a promotion. Both were hired at the same time for the same entry-level accounting positions, and both have the same level of education. However, Ruth consistently seeks to take on additional responsibilities, while Betty barely turns her own work in on time.
C) Charmaine wants to be part of her local police force. Both men and women are encouraged to apply, but Charmaine discovers the force has a minimum height requirement of 5’10’’. She is 5’6’’.
D) George is reviewing applications for an open position at his company. One step in the hiring process requires him to investigate conviction records for all of the job applicants.
E) Heidi, an HR employee at a university, is putting together a job listing for an open faculty position. Her listing specifies that interested applicants must have a doctoral degree.

Answer 62

C

Question 63

A vehicle manufacturing company decides to hire 35 employees for its new servicing branch located in Louisiana. A total of 90 eligible applicants apply for the job, of which 40 are black and 50 are white. Assuming that the company decides to hire 10 blacks and 25 whites, what can be inferred using the four-fifths rule?
A) 0.5 < 0.8; this indicates that there is no evidence of discrimination.
B) 2 > 0.8; this indicates that there is evidence of discrimination.
C) The hiring rate for blacks is equal to four-fifths the hiring rate of whites; hence, there is no evidence of discrimination.
D) 0.5 < 0.8; this indicates that there is evidence of discrimination.
E) 2 > 0.8; this indicates that there is no evidence of discrimination.

Answer 63

D

Question 64

Identify the type of case where most of the debate focuses on discriminatory consequences and the plaintiff need not prove an employer's intent to discriminate.
A) disparate impact
B) disparate treatment
C) reasonable accommodation
D) affirmative action
E) corrective action

Answer 64

A

Question 65

Which action by employers can result in reverse discrimination?
A) affirmative action
B) reasonable accommodation
C) disparate treatment
D) retaliation
E) disparate impact

Answer 65

A

Question 66

An accounting firm is in the process of interviewing candidates for the position of receptionist. 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?
A) describing job requirements and asking the employee how she would meet them
B) telling the candidate politely that a blind person can’t be a receptionist
C) explaining that the company has a no-pets rule
D) making every possible accommodation for this person, at any cost
E) hiring the candidate, whether or not she is qualified for the job

Answer 66

A

Question 67

Identify the correct statement regarding reasonable accommodation.
A) Reasonable accommodation is the same as reverse discrimination.
B) Reasonable accommodation exclusively compensates for the poor educational background that hampers the progress of employees.
C) Reasonable accommodation is typically provided in situations involving individuals with disabilities or different religious needs.
D) Reasonable accommodation is provided on a homogeneous basis without the provisions being tailored to the individual needs of employees.
E) Reasonable accommodation is provided by an organization even if the requisite changes create undue hardship on the organization.

Answer 67

C

Question 68

Matt, a blind man in his early twenties, was recently hired as a DJ at a local radio station in Orlando. He was given permission by his manager to bring his guide dog to work. In this instance, Matt's employer makes a(n)
A) disparate impact.
B) disparate treatment.
C) reverse discrimination.
D) reasonable accommodation.
E) undue hardship.

Answer 68

D

Question 69

What is true about avoiding discrimination?
A) A bona fide occupational qualification is a merely preferred qualification for performing a job.
B) Proving disparate impact in court requires showing an employer’s intent.
C) Proving disparate treatment in court does not require the plaintiff showing an employer’s intent.
D) Reasonable accommodation is provided subject to the condition of undue hardship.
E) If the four-fifths rule is satisfied, substantial evidence of discrimination exists.

Answer 69

D

Question 70

What is the legal basis for considering sexual harassment to be illegal discrimination?
A) It is a threat to workplace safety.
B) It is a form of disability-related discrimination.
C) It is a form of sex discrimination.
D) It is a form of age discrimination.
E) It is a form of workplace violence.

Answer 70

C

Question 71

When an individual is promised a positive outcome for submission to sex, or threatened with a negative outcome for failure to submit to sex, this is referred to as
A) adverse impact.
B) disparate impact.
C) reverse discrimination.
D) undue hardship.
E) quid pro quo harassment.

Answer 71

E

Question 72

Which statement is true of quid pro quo harassment?
A) It involves mocking an individual’s sexual orientation.
B) It refers to an individual gaining benefit in return for a sexual favor.
C) It involves making hiring decisions based on the gender of the applicant.
D) It involves harassment against people based exclusively on the factor of age.
E) It provides preferential treatment for the minority gender at the workplace.

Answer 72

B

Question 73

When Lily started working for Tough Guy Construction, two of her coworkers made a point of telling sex-related jokes around her, and they occasionally ran their fingers through her hair and suggested meeting up after work. Lily feels uncomfortable. What grounds would she have for complaining to the human resource department about her coworkers?
A) Their behavior violates Executive Order 11246.
B) Their behavior violates the Thirteenth Amendment.
C) Their behavior probably violates the OSH Act.
D) Their behavior could be considered quid pro quo harassment.
E) Their behavior could be considered creation of a hostile working environment.

Answer 73

E

Question 74

Global Trade Enterprises has a policy statement making it clear that it does not tolerate sexual harassment. It set up an employee hotline for reporting harassment. When it received complaints about one of the maintenance workers, the company took action and corrected the problem immediately. However, two months later, it is receiving more complaints, this time about a supervisor on the night shift. What else should Global Trade do to keep the workplace free from sexual harassment?
A) Modify the complaint procedure so employees don’t overuse it.
B) Wait to investigate the new complaints.
C) File a complaint with the Equal Employment Opportunity Commission.
D) Train all employees to identify inappropriate workplace behavior.
E) Broaden the policy to include harassment of men, not just women.

Answer 74

D

Question 75

Garin 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) A diverse workforce makes the company more competitive by providing insights into its diverse customers.
B) A diverse workforce is necessary to stay out of legal trouble related to equal employment opportunity.
C) Valuing diversity takes many forms, including affirmative action and rewards for demonstrating respect.
D) Valuing diversity need not be limited to employees in categories protected by law.
E) Valuing diversity involves administrative decisions for the human resource department.

Answer 75

A

Question 76

What is the most comprehensive U.S. law regarding worker safety?
A) the Thirteenth Amendment
B) the Fourteenth Amendment
C) the Occupational Safety and Health Act
D) the Rehabilitation Act of 1973
E) the Civil Rights Act of 1991

Answer 76

C

Question 77

Name the executive department that is responsible for conducting research to determine the criteria for specific operations or occupations and for training employers to comply with the Occupational Safety and Health Act.
A) the Department of Health
B) the Department of Commerce
C) the Department of Justice
D) the Department of Labor
E) the Department of Homeland Security

Answer 77

A

Question 78

Milo has worked for a small chemical manufacturing company for the past 10 years. Recently, he and the other workers have developed minor respiratory problems. They confronted management demanding proper ventilation at the factory because inhaling chemical fumes continuously could prove fatal. If management does not respond to their demands, they could sue the company under the
A) Occupational Safety and Health Act.
B) Equal Pay Act of 1963.
C) Title VII of the Civil Rights Act of 1964.
D) Americans with Disabilities Act.
E) Age Discrimination in Employment Act.

Answer 78

A

Question 79

Tyler has joined a start-up manufacturing company as its human resource manager. One of his first responsibilities is to make sure the company complies with the OSH Act. Under this law, what records must Tyler keep?
A) a list of violations of the general-duty clause
B) work-related injuries, plus an annual summary of employee illnesses
C) work-related injuries and illnesses, with an annual summary of these
D) schedule of employee-requested OSHA inspections
E) responses to questions in OSHA’s Small Business Handbook

Answer 79

C

Question 80

Martin opened up a small business that prints custom T-shirts, mugs, and trophies. He trains his 15 employees carefully, and after two years, no employee has experienced an on-the-job injury or illness. Under the requirements of the Occupational Safety and Health Act, what must Martin post in the workplace?
A) OSHA Small Business Handbook
B) OSHA Certificate of Compliance
C) form 300A, Summary of Work-Related Injuries and Illnesses
D) form 310A, Certification of Injury-Free Status
E) general-duty clause

Answer 80

C

Question 81

Kaylee started a new job in a print shop. She worries about the different chemicals in the workplace, so she requests information about them from her employer. Which employee right under the OSH Act is Kaylee exercising?
A) the right to request an OSHA inspection
B) the right to have a representative present at an OSHA inspection
C) the right to a workplace free of chemicals
D) the right to have dangerous substances identified
E) the right to have employer violations posted at the work site

Answer 81

D

Question 82

An automobile painting facility experienced a breakdown in one of its ventilation fans, causing a buildup of fumes. What must the facility do in this situation to meet the employee rights under the OSH Act?
A) Request an OSHA inspection.
B) Provide an employee representative for an OSHA inspection.
C) Promptly inform the affected employees about their exposure to hazards.
D) Follow the steps in OSHA’s “Compliance Assistance Quick Start.”
E) Levy fines for safety violations.

Answer 82

C

Question 83

Rachelle is starting a new business and is worried about OSHA regulations because she has often heard that they are extremely complex. Which statement offers Rachelle the best advice for meeting the requirements of the OSH Act?
A) Don’t worry about the regulations, because they apply only to large companies.
B) Use the “Compliance Assistance Quick Start” on OSHA’s website.
C) Contact the Department of Labor to set up an appointment with a business representative.
D) Use the job hazard analysis technique to meet all the requirements.
E) Memorize the occupational health and safety standards published by NIOSH.

Answer 83

B

Question 84

Given that the National Institute for Occupational Safety and Health (NIOSH) has published numerous standards, what is the significance of the OSH Act’s general-duty clause?
A) It is extremely significant, because NIOSH standards are for government workers only.
B) It is very significant, because NIOSH cannot anticipate all possible hazards.
C) It is somewhat significant, because companies may not understand the NIOSH standards.
D) It is slightly significant, because eventually the NIOSH standards may replace the general-duty clause.
E) It is not at all significant, because the NIOSH standards have taken the place of the general-duty clause.

Answer 84

B

Question 85

Argus Chemicals is a chemicals manufacturer with a large research and development team searching for new alternatives to gasoline. Because it develops new chemicals and is constantly innovating, the Department of Labor cannot possibly keep up with specific safety and health standards for its workplace. Some of the managers are asking Brooklyn, the human resource manager, if that means they don’t have to bother trying to comply with all the OSHA regulations. What should Brooklyn recommend?
A) Ask NIOSH to anticipate all possible hazards that could occur.
B) Focus on planning for emergency responses when injuries do occur.
C) Under the general-duty clause, the company is exempt from specific regulations.
D) Simply focus on the health and safety risks that are widely known.
E) Be constantly alert for potential sources of harm and correct them.

Answer 85

E

Question 86

A meatpacking facility has been neglecting employee health and safety. If employees contact OSHA to request an inspection, what can the facility’s management expect?
A) a form from OSHA requesting that management give permission for the visit
B) a phone call from OSHA to schedule the inspection
C) a letter from OSHA announcing an inspection within the next month
D) no advance notification from OSHA
E) a form signed by the employees requesting the inspection

Answer 86

D

Question 87

Jordan is the human resource manager at a poultry-processing facility with 75 employees. He just received a call saying that an OSHA inspector has arrived at the facility. What can Jordan expect the company will need to do first?
A) Send the employees home for the day.
B) Provide the inspector with records of any deaths, injuries, and illnesses.
C) Lead the inspector on a tour of the premises.
D) Make the inspection officer aware of any health or safety problems.
E) Temporarily halt all poultry processing until the inspection is over.

Answer 87

B

Question 88

An OSHA compliance officer visited the warehouse of CAM Worldwide to conduct an inspection. The inspector found several safety violations related to items that could tip over and fall. She discussed these violations with CAM Worldwide’s facility supervisor and human resource manager. What is most likely to happen next?
A) The officer conducts employee interviews.
B) The officer conducts a “walkaround” tour of the employer’s premises.
C) The company pays a $20,000 fine for each violation.
D) The company asks employees to notify management of any future OSHA inspections.
E) OSHA gives the company a time frame within which to correct the violations.

Answer 88

E

Question 89

An OSHA inspector completed her inspection of a mining operation, including a walkaround and employee interviews. Then the OSHA inspector sought a restraining order from a federal court. What can you infer from this action by the inspector?
A) The inspector is an attorney representing the employees of the mining company.
B) The inspector looked for violations of the general-duty clause.
C) The inspector is requesting to conduct a closing conference.
D) The inspector wants the company to have a reasonable time frame to correct violations.
E) The inspector found a violation that could cause serious injury or death.

Answer 89

E

Question 90

Identify the correct statement regarding the Occupational Safety and Health Act (OSH Act).
A) In a closing conference, all the findings of the inspection are kept confidential with the concerned officers.
B) OSHA compliance officers do not entertain any kind of input or complaints from employees during the inspection.
C) OSHA compliance officers notify employers a month in advance before the inspection.
D) The OSHA compliance officer will seek a restraining order from the U.S. District Court, even if the inspection reveals that the problem is minor.
E) If an OSH Act violation results in citations, an employer must post each citation in a prominent place near the location of the violation.

Answer 90

E

Question 91

Which action associated with an OSHA inspection can result in criminal charges?
A) missing the walkaround
B) falsifying records subject to the inspection
C) allowing conditions that lead to an employee’s injury
D) failing to notify the employer of an upcoming inspection
E) seeking a restraining order from a U.S. District Court

Answer 91

B

Question 92

Under the Occupational Safety and Health Act's Hazard Communication Standard, organizations must have \_\_\_\_\_\_\_\_ for chemicals that employees are exposed to.
A) EEO-1 forms
B) white papers
C) material safety data sheets
D) standard operating protocols
E) action reports

Answer 92

C

Question 93

Aubrey is a human resource executive for a manufacturing company that makes a variety of consumer products in several facilities. She is studying U.S. injury and illness trends from the Bureau of Labor Statistics to identify issues the company should address in its human resource policies. As she looks at nationwide trends since 1990, Aubrey identifies one that companies should correct. Which trend represents a problem for U.S. employers to address?
A) number of claims of retaliation against employees who report injuries
B) rate of injuries
C) rate of illnesses
D) illnesses as a share of total injuries and illnesses
E) number of employees learning that the law forbids retaliation for filing a complaint

Answer 93

A

Question 94

Identify the method that breaks down jobs into basic elements to rate them for their potential for harm or injury.
A) job hazard analysis technique
B) utilization analysis
C) technic of operations review
D) action plan analysis
E) diversity plan

Answer 94

A

Question 95

Select the method that promotes safety by determining which specific element of a job led to a past accident.
A) reasonable accommodation
B) affirmative action
C) technic of operations review
D) job hazard analysis technique
E) utilization analysis

Answer 95

C

Question 96

After a large fire at Argile Manufacturing, the company called the employees together at the facility to investigate the incident. Management began by asking each of the employees to describe their understanding of what happened. Once all employees had given their views individually, they discussed the situation until they could agree on the single systemic failure that caused the fire. Which method is Argile Manufacturing using?
A) operations cycle review
B) standard protocol review
C) technic of operations review
D) job hazard analysis technique
E) utilization analysis

Answer 96

C

Question 97

At a supermarket chain, back injuries are a recurring problem around the loading docks, because employees in a rush forget to use proper lifting techniques. How could safety posters help the company improve safety?
A) by establishing direct communications between supervisors and their employees
B) by creating a paper trail to document a history of the employer’s concern
C) by serving as a constant reminder of how to lift safely
D) by replacing mobile devices, which should not be present on a loading dock
E) by delivering a message that varies based on employees’ languages and age groups

Answer 97

C

Question 98

Orion Trucking had its human resource department set up an online suggestion program, and employees submitted 376 ideas for improving workers’ safety and health. An assistant in the department entered all the responses into a database. What additional step would be most important to add to this safety program?
A) distributing the survey results to the employees
B) creating a database where employees can look up the ideas submitted
C) expanding the program to include more wide-ranging, long-term goals
D) employing the job hazard analysis technique
E) working with management to ensure the company acts on the suggestions

Answer 98

E