Questions Unit 2, Part 1:1. The Equal Employment Opportunity Act applies to employers who have _____ or more employees.
Answer: B
From the 2010 HRCP Program Unit 2, page 2-3:
The Civil Rights Act was passed in 1964. Title VII of this act (as amended) prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. The law applies to employers with 15 or more employees, employment agencies, labor organizations, state and local governments, and educational institutions. Title VII was amended in 1972 by the Equal Employment Opportunity Act.2. A 60-year-old employee who was performing adequately was demoted and replaced by a 25-year-old employee. How can the employer show this change was not illegal age discrimination?
a. by showing that the older worker was still employed and not actually terminated
b. by showing that these kinds of job changes happen normally
c. by claiming that all employees are at-will employees who can be moved any time for any reason
d. there is nothing the employer can do to justify this change; it is simply illegal
Answer: D
From the 2010 HRCP Program Unit 2, page 23:
The ADEA is designed to protect employees who are 40 years of age and older from arbitrary and aged-biased discrimination in hiring, promotion, training, benefits, compensation, discipline, and terminations. As a general rule, an employee can successfully claim age discrimination if, (a) the employee is at least 40 years of age; (b) the employee was fired, demoted, or adversely affected; and (c) the employee had been performing the job well enough to meet the employer’s legitimate expectations.3. When using the unit demand forecasting method, the major people in the organization who are responsible for the employment forecast are
a. corporate planning staff
b. supervisorsc
c. top management
d. personnel department
Answer: B
From the 2010 HRCP Program Unit 2, page 53:
The unit demand method requires managers to know what business activity will be performed by their units in future years and how many people will be needed year by year to achieve their business objectives. One of the advantages of unit demand forecasting is that unit managers typically have very accurate information regarding how many people are required for different production levels. 4. A member of the Army National Guard, who has been deployed for the past year, must submit an application for re-employment within _____ days of returning home.
Answer: C
From the 2010 HRCP Program Unit 2, page 33:
USERRA prohibits employers from denying employment, re-employment, retention in employment, promotions or any other employment benefit because of service in the uniformed services. Employees who are absent less than 31 days must report to the employer within eight hours after safely arriving home. Those absent between 30 and 180 days must submit an application for re-employment within 14 days. Those absent more than 180 days have 90 days to submit an application for re-employment. 5. Once a case of discrimination has been contested and resolved in litigation, the resolution of that issue is binding on future litigation involving the two parties. The bar to relitigation of the issue is called
a. statute of limitations
b. collateral estoppel
c. conciliation
d. dispute resolution
Answer: B
From the 2010 HRCP Program Unit 2, page 12-13:
Under the doctrine of collateral estoppel, when an issue has been contested and finally resolved in litigation, that resolution of the issue is binding on future litigation involving the two parties. Collateral estoppel is a bar to relitigating an issue that has already been litigated between the same parties or certain closely related persons (sometimes known as privies).
