Exam 27: Employment and Discrimination

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Under the Americans with Disabilities Act,a person with a disabling illness

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What are three general defenses an employer can raise if sued for violating Title VII of the Civil Rights Act?

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An employer can defend a Title VII case by establishing that an alleged discrimination was based on (a)merit,(b)seniority,or (c)a bona fide occupational qualification.An employer is not liable under Title VII if it shows that the person favored was the most qualified.Test results,education,or productivity can demonstrate merit if they relate to the job in question.A legitimate seniority system is legal,even if it perpetuates past discrimination.An employer may establish discriminatory job requirements if they are essential to the position in question.

Discuss the two categories of sexual harassment.

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There are two categories of sexual harassment: 
Quid Pro Quo.From a Latin phrase that means "one thing in return for another," quid pro quo harassment occurs if any aspect of a job is made contingent upon sexual activity. 
Hostile Work Environment.An employee has a valid claim of sexual harassment if sexual talk and activity are so pervasive that they interfere with her (or his)ability to work.Courts have found that offensive jokes,intrusive comments about clothes or body parts,and public displays of pornographic pictures can create a hostile environment.

An employer would be expected to make reasonable accommodations for a disabled worker,such as

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Under the Equal Pay Act of 1963 an employee may not be paid at a lesser rate than employees of the opposite sex for tasks requiring equal skill,effort,and responsibility under similar working conditions.

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The Supreme Court in the Teresa Harris v.Forklift Systems,Inc.case held that

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Alfred has been working for Canyon,Inc.for 12 years,with regular positive performance reviews and promotions.Roger has only been working for Canyon for 3 years.Alfred also has more management qualifications,yet when a management position is open,Alfred's supervisor advises that Alfred should NOT be promoted to that position.His reason is that he has recently learned that Alfred regularly attends a Narcotics Anonymous support group.Although Alfred has been clean for 16 years,there is fear that he could relapse.What is true?

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Race may be a bona fide occupational qualification when the employee will be working with children of a different race.

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Which of the following is NOT an advantage to plaintiffs alleging racial discrimination and filing under the Civil Rights Act of 1866?

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Which of the following are remedies available to a successful plaintiff under Title VII?

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Regarding Title VII,the Supreme Court ruled that an employer may only discriminate against a woman if the position she is seeking has been historically occupied by a male more than 75 percent of the time.

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There are four types of illegal activity under the Civil Rights Act of 1964.Which choice lists these four? ​

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An employer may be liable for an employee's sexual harassment if

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Laura intends to file a Title VII lawsuit against her employer.Which of the following is true?

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In order to be considered sexual harassment,the questionable behavior must be directed at a co-worker of the opposite gender.

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The EEOC is the federal agency responsible for enforcing Title VII.

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Which of the following may be a legitimate,nondiscriminatory criterion for selection of an employee?

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Which of the following is TRUE in cases based on claims of disparate treatment?

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A rule that is not automatically discriminatory,but which may be discriminatory in practice because it excludes too many people in a protected group is considered​

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Which statute prohibits discrimination on the basis of disability by the federal government,federal contractors,and all entities that receive federal funds?​

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