Chapter 2: Equal Opportunity and the Law

Chapter 2: Equal Opportunity and the Law Multiple Choice 1. a. b. c. d. e. 2. a. b. c. d. e. 3. a. b. c. d. e. 4. a. b. c. d. e. 5. a. b. c. d. e. Every time you advertise a job opening, interview, test or select a candidate or appraise an employee, you should be aware of: equal employment opportunity law anti-discrimination law criminal law both a and b both a and c (d; moderate) The _____ Amendment to the US Constitution states, no person shall be deprived of life, liberty, or property, without due process of the law. First Fifth Tenth Thirteenth Fourteenth (b; moderate) The _____ Amendment to the US Constitution makes it illegal for any state to make or enforce any law which shall abridge the privileges and immunities of citizens of the United States. First Fifth Tenth Thirteenth Fourteenth (e; moderate) Which Amendment to the US Constitution is generally viewed as barring discrimination based on sex, national origin, or race? First Fifth Tenth Thirteenth Fourteenth (e; moderate) In the US, Title VII of the Civil Rights Act prohibits discrimination based on all of the following characteristics except _____. race sexual orientation color religion national origin (b; moderate)

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Human Resource Management: An Asian Perspective (Second Edition)

6. a. b. c. d. e. 7. a. b. c. d. e. 8. a. b. c. d. e.

In the US, the _____ made it unlawful to discriminate in pay on the basis of sex when jobs involve equal work, require equivalent skills, effort, and responsibility, and are performed under similar working conditions. Title VII Equal Pay Act Executive Order (US President) Age Discrimination in Employment Act 13th Amendment to the US Constitution (b; moderate) Which of the following factors is not an acceptable basis for different pay for equal work under the US Equal Pay Act? gender seniority system merit pay system quality of production all are unacceptable factors (a; moderate) The US EEOC guidelines define sexual harassment as: unwelcome sexual advances requests for sexual favors verbal sexual conduct physical sexual conduct all the above (e; moderate) 9. In the US, when is sexual harassment a violation of sex harassment law? a. when such conduct has the purpose or effect of substantially interfering with a persons work performance b. when such conduct has the purpose or effect of creating an intimidating, hostile, or offensive work environment c. when a crime of violence is motivated by gender d. both a and b e. all of the above (d; moderate) In the US, _____ exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group. a. Disparate treatment b. Disparate impact c. Unintentional discrimination d. Adverse impact e. Prima facie (a; easy)

10.

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11.

In the US, _____ refers to the total employment process that results in a significantly higher percentage of a protected group in the candidate population being rejected for employment, placement, or promotion. a. disparate treatment b. disparate impact c. unintentional discrimination d. adverse impact e. prima facie (d; easy) In the US, employers primarily use bona fide occupational qualification (BFOQ) as a defense against charges of discrimination based on _____. a. race b. sexual orientation c. age d. gender e. all of the above (c; easy) In the US, religion may be used as a BFOQ if _____. a. a religious organization requires employees to share its religion b. an employer does not want to honor an employees religious holidays c. hiring a person to teach in a nondenominational school d. all of the above e. none of the above (a; moderate) Which of the following characteristics could serve as a BFOQ depending on the nature of the job requirements? a. age b. gender c. national origin d. religion e. all of the above (e; easy) Organizations can measure diversity by using _____. equal employment hiring metrics employee attitude surveys management and employee evaluations focus groups all of the above (e; moderate) Diversity management includes the following step(s): a. provide strong leadership b. assess the situation c. provide diversity training d. a and b e. a, b and c (e; moderate) 21

12.

13.

14.

15. a. b. c. d. e. 16.

Human Resource Management: An Asian Perspective (Second Edition)

17.

In providing strong leadership in diversity management, the CEO of a company must a. take a personal interest b. become the role model c. talk to every worker d. a and b e. a, b and c (d; moderate; ) In a company, the tools to measuring diversity include the following: a. equal employment hiring and retention metrics b. employee attitude survey c. employee evaluation d. a and b e. a, b and c (e; moderate) The objectives of diversity training include the following: a. make employees aware of value differences b. build self esteem of the different ethnic groups c. create a friendly atmosphere in the company d. a and b e. a, b and c (e; moderate) In Australia, employees are protected against discrimination at the workplace by laws at the: a. federal level b. state level c. company level d. a and b e. all of the above (d; moderate) In Australia, employees who have been discriminated against by an employer may complain to the: a. Human Rights and Equal Opportunity Commission b. Ministry of Labor c. Prime Minister d. Parliament e. All of the above (a; easy) In Hong Kong, the Sex Discrimination Ordinance covers the following: a. work situation b. non-work situation c. special situation d. a and b e. a, b and c (d; easy)

18.

19.

20.

21.

22.

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23.

In Hong Kong, the Equal Opportunities Commission provides employers with a code of practice on: a. job advertisements b. job titles c. compensation d. promotion e. all of the above (e; moderate) In Indonesia, under the employment law, pregnant women have the following rights: a. they cannot be dismissed b. they can return to their job after maternity leave c. they can have six months of maternity leave d. a and b e. a, b and c (d; moderate) In Japan, the Labor Standards Law prohibits the following: a. discrimination based on nationality b. discrimination based on creed c. discrimination based on social status d. a and b e. a, b and c (e; easy) In Singapore, the Code of Responsible Employment Practices encourages selfregulation on the part of employers in: a. recruitment b. selection c. appraisal d. training e. all of the above (e; easy) In Singapore, the Code of Responsible Employment Practices recommends that employers should not discriminate employees based on: a. race b. religion c. age d. gender e. all of the above (e; easy)

24.

\25.

26.

27.

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28.

In Singapore, the Code of Responsible Employment Practices is recommended by: a. Singapore National Employers Federation b. Singapore Business Federation c. National Trades Union Congress d. The government e. a, b, and c (e; moderate) Candidates for employment should be selected based on the following: a. merit b. experience c. capability d. a and b e. a, b, and c (e; easy) Selection criteria should be consistently applied to the following aspect(s) of employment: a. recruitment b. training c. appraisal d. a and b e. a, b, and c (e; easy) In South Korea, the Labor Standards Act prohibits employers from discrimination against workers by: a. gender b. nationality c. religion d. social status e. all of the above (e; easy) In South Korea, under the Aged Employment Promotion Act, it is recommended that companies with over 300 workers should have a minimum ____ percent of their workers in the above-55 age group. a. Three b. Five c. Ten d. Fifteen e. Twenty (a; moderate)

29.

30.

31.

32.

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33.

In Malaysia, under the Code of Practice for the Prevention and Handling of Sexual Harassment at the Workplace, the Ministry of Manpower has: a. special division to deal with harassment cases b. the power to jail any person accused of sexual harassment c. the power to fine any person accused of sexual harassment d. the power to compensate the victim of sexual harassment e. all of the above (a; easy) In Thailand, under the Labor Protection Act, women may: a. sue employers for passing sexist remarks b. sue colleagues for passing sexist remarks c. seek compensation from the government d. a and b e. none of the above (d; easy)

34.

True/ False 35. 36. Managers in non-U.S. companies must be aware of equal employment opportunity laws in the US and in countries where they do business. (T; easy) U.S. citizens working overseas for U.S. companies do not have the same equal employment opportunity protection as those working within U.S. borders. (F; easy) In the U.S., equal employment opportunity laws were only introduced a few years ago. (F; easy) Managing diversity means maximizing diversitys potential advantages while minimizing the potential barriers that can undermine the functioning of a diverse workforce. (T; easy) Equal employment opportunity practices have become necessary because of legal requirements. (T; easy) Equal employment opportunity practices have become necessary because of globalization. (T; moderate) Equal employment opportunity practices have become necessary because of changes in workforce demographics. (T; moderate) In most countries, the workforce consists of people from different ethnic origins. (T; moderate) Global companies actively recruit and maintain a diverse workforce to tap the talents from different ethnic groups (T; moderate) Managing diversity implies that companies are exploiting workers from different ethnic groups (F; difficult)

37. 38.

39. 40. 41. 42. 43. 44.

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45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63.

Managing diversity involves only compulsory management action. (F; moderate) Managing diversity involves only voluntary management action. (F; moderate) Managing diversity involves both compulsory and voluntary management action. (T; moderate) Managing diversity involves more than just employing workers of different ethnic origins. (T; difficult) In most countries, there are laws to prevent discrimination at the workplace (T; easy) Diversity management training should include inter-group conflict management skills. (T; moderate) In diversity management practices, supervisors must be trained to deal with inter-group conflict. (T; moderate) Training foreign workers in their own language will help them to be more sensitive to ethnic differences. (T, difficult) Teaching foreign workers how to speak English will help them to be more sensitive to other cultures. (T; difficult) Having employees from different backgrounds helps the company to understand different customer preferences. (T; moderate) Having employees from different ethnic groups helps the company to project a multi-cultural image. (T; moderate) It is expensive to maintain a multi-cultural workforce. (F; moderate) Workplace diversity makes strategic sense. (T; easy) Equal employment opportunity is the same as affirmative action. (F; moderate) Equal employment opportunity means giving every person an equal chance to get a job. (T; easy) The objective of affirmative action is to eliminate past effects of past discrimination. (T; moderate) Affirmative action implies giving privileges to some protected groups. (T; difficult) Managing diversity is voluntary. (T; moderate) Affirmative action programs are mandatory. (T; moderate)

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64. 65.

In Australia, there are laws to ensure that only Australians are not discriminated against in the workplace. (F; easy) In Australia, employees who have been discriminated against by an employer may complain to the Human Rights and Equal Opportunity Commission. (T; easy) In Australia, non-Australian employees are not protected against discrimination. (F; difficult) In Hong Kong, advertisements that specify gender or marital status are barred. (T; moderate) In Hong Kong, the Sex Discrimination Ordinance deals only with discrimination based on the grounds of sex. (F; moderate) In Hong Kong, the Sex Discrimination Ordinance deals with discrimination based on the grounds of sex, marital status and pregnancy. (T; moderate) In Hong Kong, the Sex Discrimination Ordinance covers only work situations. (F; moderate) In Hong Kong, it is illegal to have different titles for men and women doing the same work. (T; moderate) In Hong Kong, the Family Status Ordinance protects persons who are responsible for taking care of their family members. (T; moderate) In Hong Kong, the Equal Employment Commission has to power to investigate non-compliance with the law. (T; easy) In Indonesia, there are no anti-discrimination laws for female employees. (T; easy) In Indonesia, as there are no anti-discrimination laws, employers may dismiss pregnant workers. (F; moderate) In Japan, the Equal Employment Opportunity Law provides equality in opportunities concerning recruitment, payment, promotion and training between male and female workers. (T; easy) In Japan, the Labor Standards Law prohibits only discrimination in wages and work hours. (F; moderate) Singapore is a multi-racial, multi-religious and multi-cultural society. (T; easy) In Singapore, the Code of Responsible Employment Practices helps employers to promote responsible employment practices. (T; easy) In Singapore, the Code of Responsible Employment Practices is issued by the government. (F; moderate) 27

66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76.

77. 78. 79. 80.

Human Resource Management: An Asian Perspective (Second Edition)

81. 82. 83. 84. 85.

In Singapore, employers may be jailed for not complying with the Code of Responsible Employment Practices. (F; difficult) In Singapore, workers may sue their employers under the Code of Responsible Employment Practices. (F; difficult) In South Korea, under the Aged Employment Promotion Act, all companies must employ some workers in the above-55 age group. (F; moderate) In South Korea, under the Employment Promotion Act for the Handicapped, all companies must employ some handicapped workers. (F; moderate) In South Korea, the Labor Standard Act prohibits employers from discrimination against workers by gender, nationality, religion or social status. (T; easy) In Malaysia, the Code of Practice for the Prevention and Handling of Sexual Harassment at the Workplace provides a mechanism for redress. (T; moderate) In Malaysia, the Ministry of Human Resources has a special division to handle sexual harassment cases. (T; moderate) In Malaysia, the government encourages trade unions to include sexual harassment clauses in the collective agreements. (T; easy) In Thailand, women are protected under the Labor Protection Law. (T; moderate) In Thailand, women workers may sue their colleagues for making sexist remarks at the workplace. (T; moderate) In order to attract the best candidates, employers should adopt nondiscriminatory HR practices. (T; easy) Employers should apply non-discriminatory criteria only for some aspects of employment. (F; easy). Criteria and terms of employment should be made known to all employees. (T; moderate) There are business situations where a persons race may be a requirement for the job. (T; difficult) There are business situations where a persons national origin may be a requirement for the job. (T; difficult)

86. 87. 88. 89. 90. 91. 92. 93. 94. 95.

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Essay/ Short Answer 96. What are the five sets of voluntary organizational activities that support the success of a diversity management program? (moderate) Answer: The activities are to provide strong leadership, assess the situation, provide diversity training and education, change culture and management systems, and evaluate the diversity management program. 97. Several Asian countries have introduced anti-discrimination laws that make it unlawful to treat a person unfairly because of certain attributes. Give two examples. Answer: In Japan, the Labor Standards Law prohibits discrimination in wages, work hours and other labor conditions because of nationality, creed or social status. In South Korea, its Labor Standard Act prohibits employers from discrimination against workers by gender, nationality, religion, or social status. 98. What is the purpose of introducing the Code of Responsible Employment Practices in Singapore? Answer: To help employers promote responsible employment practices regardless of race, religion, age, gender, marital status, disability or factors which are not relevant to the job. 99. In some business situations, a persons race, nationality or religion may be a requirement for a job. Give some examples. Answer: a) When the employee is recruit to deal with clients of a specific language group. b) When the employee has to handle food or products that are not permitted by some religions (e.g. Muslims are not allowed to handle pork; Hindus do not eat beef).

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