Exam 39: Equal Employment Opportunity Law

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Under Title VII, whites cannot be discriminated against because they are the majority race in this country.

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False

In a disparate impact case, the employer's intention to not discriminate: ______.

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A

The ADEA forbids discrimination by employers, unions, and employment agencies against persons:

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A

It is unlawful for employers to undertake special recruiting efforts to hire and train minorities and women in an effort to have a diverse workforce.

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When an employee alleges religious discrimination because of an employee-observed religious practice:

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If an employee's religious beliefs prohibit working on Saturday, an employer's obligation under Title VII is to try to find a volunteer to cover for the employee on Saturdays.

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An affirmative action policy can do all of the following except:

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Reverse discrimination can occur when an affirmative action plan:

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An employer can prove its affirmative defense to hostile work environment by demonstrating a sexual harassment policy and notification procedures

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Pay raises based on seniority generally are considered lawful.

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When an employer intentionally treats some employees less favorably than others, the legal theory that applies is:

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What is the principal law regulating equal employment opportunity in the United States?

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Title VII applies to the hiring process and to discipline, discharge, promotion, and benefits.

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Cameo Industries desired a workplace free from all forms of sexual harassment. Accordingly, Cameo developed guidelines for its workers that specifically forbade sexual harassment. The guidelines gave examples of conduct that would not be tolerated, provided penalties, designated a company official as the proper person to whom complaints should be brought, investigated complaints thoroughly, and maintained an educational policy designed to remind employees of the policy.?Maureen, a Cameo Industries employee, made a complaint of sexual harassment, charging that her supervisor had demanded sexual favors. An investigation was performed and the charge was substantiated. The supervisor was warned not to continue this conduct, but it happened again. The supervisor was again issued a warning. Finally, Maureen brought a court action against the supervisor and Cameo. Cameo defended on the ground that it had done all in its power to rectify the situation. Decide.

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A disparate impact exists when the employment practice in question is not shown by the employer to be job related and consistent with business necessity.

(True/False)
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In order for an employer to be strictly liable for a(n) ______ harassment, there must have been a(n) _______ action.

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The Equal Pay Act:

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Criteria used to make employment decisions that have a disparate impact on women, such as height requirements, must be job-related.

(True/False)
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An employer is liable for the sexual harassment of non-supervisors only when it knew, or should have known, of the misconduct - and failed to take prompt remedial action.

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Marble Industries hired virtually all of its employees from Union High School, which was overwhelmingly white in its racial makeup. Accordingly, there were virtually no nonwhite employees employed by Marble Industries. The work these employees performed was work that any reasonably capable high school graduate could do. When organizations representing nonwhites questioned the policy, the personnel director indicated that Union High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against nonwhites. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.

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