Question 1

According to the Americans with Disabilities Act of 1991, a disability includes all but which of the following?

Accepted Answer

A)  a potential physical or mental impairment 
B)  a physical or mental impairment which substantially limits one or more of the major life activities of an individual 
C)  a record of a physical or mental impairment which substantially limits one or more of the major life activities of an individual 
D)  being regarded as having a physical or mental impairment which substantially limits one or more of the major life activities of an individual 
A)  a potential physical or mental impairment 
B)  a physical or mental impairment which substantially limits one or more of the major life activities of an individual 
C)  a record of a physical or mental impairment which substantially limits one or more of the major life activities of an individual 
D)  being regarded as having a physical or mental impairment which substantially limits one or more of the major life activities of an individual A

Question 2

An employer found to have violated the Equal Pay Act of 1963 can remedy the violation by reducing the higher-paid workers' wages.

Accepted Answer

A) True 
 B)False  False

Question 3

The Americans with Disabilities Act of 1991 requires employers to .

Accepted Answer

A)  hire applicants with disabilities regardless of their qualifications 
B)  make a reasonable accommodation of a known disability unless the accommodation imposes an undue burden on the employer's business 
C)  make a special accommodation of a known disability even if the accommodation imposes an extreme burden on the employer's business 
D)  reject applicants with mental disabilities, even if they do not impose an extreme burden on the employer's business 
A)  hire applicants with disabilities regardless of their qualifications 
B)  make a reasonable accommodation of a known disability unless the accommodation imposes an undue burden on the employer's business 
C)  make a special accommodation of a known disability even if the accommodation imposes an extreme burden on the employer's business 
D)  reject applicants with mental disabilities, even if they do not impose an extreme burden on the employer's business B

Question 4

The Equal Pay Act of 1963 was enacted to prevent wage discrimination based on .

Accepted Answer

A)  sex within a business establishment 
B)  race within a business establishment 
C)  race and ethnicity within a business establishment 
D)  age and ethnicity within a business establishment 
A)  sex within a business establishment 
B)  race within a business establishment 
C)  race and ethnicity within a business establishment 
D)  age and ethnicity within a business establishment

Question 5

According to EEOC guidelines, an affirmative action plan does not violate Title VII of the Civil Rights Act of 1964 if .

Accepted Answer

A)  the employer has an articulable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is quantifiable 
B)  the employer has an articulable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is reasonable 
C)  the employer has a reasonable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is quantifiable 
D)  the employer has a reasonable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is reasonable 
A)  the employer has an articulable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is quantifiable 
B)  the employer has an articulable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is reasonable 
C)  the employer has a reasonable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is quantifiable 
D)  the employer has a reasonable basis for determining that the affirmative action plan is appropriate and the affirmative action plan is reasonable

Question 6

Which of the following would constitute a violation of the Age Discrimination in Employment Act of 1967?

Accepted Answer

A)  an employer refusing to allow employees to drive trucks until they reach the age of 25 
B)  an employer laying off capable workers who have reached the age of 50 and hiring replacement workers who are under the age of 40 
C)  an employer paying pensions to workers who have reached the age of 65 but refusing to pay pensions to younger workers 
D)  an employer giving special awards to workers who have been with the company for over 20 years 
A)  an employer refusing to allow employees to drive trucks until they reach the age of 25 
B)  an employer laying off capable workers who have reached the age of 50 and hiring replacement workers who are under the age of 40 
C)  an employer paying pensions to workers who have reached the age of 65 but refusing to pay pensions to younger workers 
D)  an employer giving special awards to workers who have been with the company for over 20 years

Question 7

Carla works as a secretary at a well-known law firm. Due to a bad blood transfusion, Carla is HIV positive but not yet symptomatic. When the firm was informed of this by the health insurance officials, she was fired from her job. This scenario depicts the violation of the .

Accepted Answer

A)  Civil Rights Act of 1991 
B)  Age Discrimination in Employment Act of 1967 
C)  Civil Rights Act of 1964 
D)  Americans with Disabilities Act of 1991 
A)  Civil Rights Act of 1991 
B)  Age Discrimination in Employment Act of 1967 
C)  Civil Rights Act of 1964 
D)  Americans with Disabilities Act of 1991

Question 8

Once the Equal Employment Opportunity Commission receives a charge, it must notify the alleged violator of the charge within days.

Accepted Answer

A)  15 
B)  10 
C)  25 
D)  60 
A)  15 
B)  10 
C)  25 
D)  60

Question 9

Compare and contrast the sexual harassment laws of the United States and France.

Accepted Answer

In the United States, sexual harassment

Question 10

Which of the following is an incorrect statement regarding the Americans with Disabilities Act Amendments (ADAAA) of 2008?

Accepted Answer

A)  The ADAAA effectively repealed the ADA. 
B)  The ADAAA provides that "major life activities" include caring for oneself. 
C)  The ADAAA provides that "major life activities" include eating. 
D)  The ADAAA provides that "major life activities" include bending. 
A)  The ADAAA effectively repealed the ADA. 
B)  The ADAAA provides that "major life activities" include caring for oneself. 
C)  The ADAAA provides that "major life activities" include eating. 
D)  The ADAAA provides that "major life activities" include bending.

Question 11

What facts must a plaintiff establish in order to prove a prima facie case of age discrimination involving a termination? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met?

Accepted Answer

To prove a prima facie case of age discr

Question 12

The Age Discrimination in Employment Act of 1967 does not apply to employment agencies and to unions that have at least 25 members or operate a hiring hall.

Accepted Answer

A) True 
 B)False

Question 13

For the purposes of the Equal Pay Act, is defined as experience, education, training, and ability required to do the job.

Accepted Answer

A)  similar working conditions 
B)  responsibility 
C)  effort 
D)  skill 
A)  similar working conditions 
B)  responsibility 
C)  effort 
D)  skill

Question 14

Which of the following is true of the Age Discrimination in Employment Act of 1967?

Accepted Answer

A)  It applies to employers having 10 or more employees. 
B)  It does not apply to industries that affect interstate commerce. 
C)  It applies to unions that have a maximum of 20 members. 
D)  It does not apply to state employers. 
A)  It applies to employers having 10 or more employees. 
B)  It does not apply to industries that affect interstate commerce. 
C)  It applies to unions that have a maximum of 20 members. 
D)  It does not apply to state employers.

Question 15

Which of the following is true of the Pregnancy Discrimination Act (PDA)?

Accepted Answer

A)  It specifies that discrimination based on pregnancy is a discrimination based on disability. 
B)  It says that abortions for all purposes, including saving the mother's life, should be excluded from the company's medical benefits. 
C)  It says that pregnancy must be treated as a gender issue. 
D)  It specifies that discrimination based on pregnancy is sex discrimination. 
A)  It specifies that discrimination based on pregnancy is a discrimination based on disability. 
B)  It says that abortions for all purposes, including saving the mother's life, should be excluded from the company's medical benefits. 
C)  It says that pregnancy must be treated as a gender issue. 
D)  It specifies that discrimination based on pregnancy is sex discrimination.

Question 16

The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.

Accepted Answer

A) True 
 B)False

Question 17

Section 504 of the Rehabilitation Act of 1973 prohibits .

Accepted Answer

A)  discrimination by federal departments and agencies against otherwise qualified workers because of a handicap 
B)  employers from refusing to hire and discharging or discriminating in terms and conditions of employment on the basis of age 
C)  private employers entering into contracts for property or services from discriminating against otherwise qualified workers because of a handicap 
D)  discrimination by parties who administer programs receiving federal assistance 
A)  discrimination by federal departments and agencies against otherwise qualified workers because of a handicap 
B)  employers from refusing to hire and discharging or discriminating in terms and conditions of employment on the basis of age 
C)  private employers entering into contracts for property or services from discriminating against otherwise qualified workers because of a handicap 
D)  discrimination by parties who administer programs receiving federal assistance

Question 18

One of the forms of sexual harassment involves the creation of a hostile environment.

Accepted Answer

A) True 
 B)False

Question 19

Which party bears the initial burden of proof in a typical Equal Pay Act case?

Accepted Answer

A)  plaintiff 
B)  defendant 
C)  Fair Labor Practices Commission (FLP
C)  
D)  National Labor Relations Board (NLR
B)  
A)  plaintiff 
B)  defendant 
C)  Fair Labor Practices Commission (FLP
C)  
D)  National Labor Relations Board (NLR
B)

Question 20

The exception is an exception to the employment-at-will doctrine that makes it unlawful to dismiss an employee for taking certain actions in the public interest.

Accepted Answer

A)  implied contract 
B)  public order 
C)  implied covenant of good faith and fair dealing 
D)  public policy 
A)  implied contract 
B)  public order 
C)  implied covenant of good faith and fair dealing 
D)  public policy

Exam 21: Employment Discrimination

According to the Americans with Disabilities Act of 1991, a disability includes all but which of the following?

An employer found to have violated the Equal Pay Act of 1963 can remedy the violation by reducing the higher-paid workers' wages.

The Americans with Disabilities Act of 1991 requires employers to .

The Equal Pay Act of 1963 was enacted to prevent wage discrimination based on .

According to EEOC guidelines, an affirmative action plan does not violate Title VII of the Civil Rights Act of 1964 if .

Which of the following would constitute a violation of the Age Discrimination in Employment Act of 1967?

Carla works as a secretary at a well-known law firm. Due to a bad blood transfusion, Carla is HIV positive but not yet symptomatic. When the firm was informed of this by the health insurance officials, she was fired from her job. This scenario depicts the violation of the .

Once the Equal Employment Opportunity Commission receives a charge, it must notify the alleged violator of the charge within days.

Compare and contrast the sexual harassment laws of the United States and France.

Which of the following is an incorrect statement regarding the Americans with Disabilities Act Amendments (ADAAA) of 2008?

What facts must a plaintiff establish in order to prove a prima facie case of age discrimination involving a termination? What must the defendant establish if the plaintiff's initial burden of establishing proof has been met?

The Age Discrimination in Employment Act of 1967 does not apply to employment agencies and to unions that have at least 25 members or operate a hiring hall.

For the purposes of the Equal Pay Act, is defined as experience, education, training, and ability required to do the job.

Which of the following is true of the Age Discrimination in Employment Act of 1967?

Which of the following is true of the Pregnancy Discrimination Act (PDA)?

The Civil Rights Acts of 1866 and 1871 have specific provisions for remedies.

Section 504 of the Rehabilitation Act of 1973 prohibits .

One of the forms of sexual harassment involves the creation of a hostile environment.

Which party bears the initial burden of proof in a typical Equal Pay Act case?

The exception is an exception to the employment-at-will doctrine that makes it unlawful to dismiss an employee for taking certain actions in the public interest.

Critical Thinking and Legal Reasoning

Introduction to Law and the Legal Environment of Business

The American Legal System

Alternative Tools of Dispute Resolution

Constitutional Principles

White-Collar Crime and the Business Community

Ethics, Social Responsibility, and the Business Manager

The International Legal Environment of Business

The Law of Contracts and Sales I

The Law of Contracts and Sales Ii

The Law of Torts

Product and Service Liability Law

Law of Property: Real and Personal

Intellectual Property

Agency Law

Law and Business Associations I

Law and Business Associations II

The Law of Administrative Agencies

The Employment Relationship and Immigration Laws

Laws Governing Labor-Management Relations

Environmental Law

Rules Governing the Issuance and Trading of Securities

Antitrust Laws

Laws of Debtor-Creditor Relations and Consumer Protection

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