Exam 41: Employment Discrimination

A standard that is applied to all employees or candidates for employment equally but nevertheless is shown to be discriminatory is called a __________ standard.

If the harasser is a supervisor who has the power to hire, fire, demote, promote, transfer, or discipline the employee, and the harassment culminates in a tangible employment action, the employer is __________.

The Americans with Disabilities Act defines a __________ individual as someone who, with or without reasonable accommodation, can perform the "essential functions" of the employment position that such individual holds or desires.

The ADA Amendments Act of 2008 (ADAAA) __________ the statutory protections to specifically cover disabilities that had been excluded from coverage by virtue of the Supreme Court's ADA case law.

Who(m) may be excluded from a prohibition on mandatory retirement policies?

Each antidiscrimination statute has its own set of defenses, but there is some level of commonality among employer defenses.

If a plaintiff is attempting to prove age discrimination based on the fact that younger employees are treated more favorably, then the plaintiff must prove that the younger employees are substantially younger.

Carter is a brand representative at an exclusive shopping store that requires male brand representatives to have long hair. After a 90-day evaluation with his boss, it is clear that Carter has refused to stop cutting his hair in accordance with the standards. He is fired on the spot. Which of the following is true?

The ADA was originally passed in 1990, but it was amended in 2008 in order to settle some of the more __________ interpretations by courts related to the definition of a disability.

Title VII of the Civil Rights Act of 1964 and its amendments make up the centerpiece of antidiscrimination statutes.

The Americans with Disabilities Act does not require an employer to provide accommodations that constitute a(n) __________ on the employer

__________ damages are available only when a plaintiff proves that a private employer acted with malice, in retaliation, or with reckless disregard for the employment discrimination laws.

Under the Age Discrimination in Employment Act (ADEA), employers are prohibited from discriminating against employees on the basis of their age once an employee has reached age 45.

The Faragher/Ellerth defense is a __________ created affirmative defense whereby an employer may avoid vicarious liability by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.

If the employee makes a __________ case, then the employer must present a nondiscriminatory reason for the adverse employment action.

The quid pro quo theory is derived from the Latin phrase meaning "something for nothing at all". An example of this theory would be a harasser demanding sexual favors as a condition of continued employment or as a prerequsite for a promotion or pay raise.

Disparate treatment is analyzed using the __________ standard.

The ADA defines __________ as a physical or mental impairment that substantially limits a person's ability to participate in major life activities.

A/an __________ is a Title VII remedy which results in a court order to cease engaging in a particular unlawful practice or an order compelling a party to act.

What may be considered violations of Title VII: