Exam 13: Employment Discrimination

Tom is a cop and has a reputation for being one of the toughest men in the precinct. He regularly hangs out with the guys and flirts with the women. After two years he announces that he is gay and always has been. A week later he is fired when his lieutenant announces that he can't trust a gay person and feels too uncomfortable around him. If Tom files a discrimination complaint with the EEOC, what will be the outcome?

What are the four defenses available to an employer under the Equal Pay Act that will permit different levels of pay between men and women?

Under what conditions may an employer be held responsible to an aggrieved employee for sexual harassment committed by a co-worker even if the employer is completely unaware of and had no actual knowledge of the illegal conduct.

A successful Age Discrimination in Employment Act suit requires that the plaintiff affirmatively prove that age was the direct reason for the adverse employment action suffered.

Dr. Augustus is a professor at a university and is up for tenure. He is a black male of African heritage and speaks with a very strong and very difficult-to-understand accent. When upset or excited, his accent becomes incomprehensible. When his tenure committee reviews his credentials, it finds that he meets and exceeds the publication record required of a person applying for tenure. The committee also sees that his student evaluations are consistently negative, citing an inability to communicate his ideas to students, constant lateness to class, and unexplained essay grading that appears to be arbitrary. The evaluations also claim that he rarely maintains appropriate office hours and won't provide assistance to students. Peer and supervisor evaluations indicate his unwillingness to contribute to committee work and a general lack of camaraderie. His accent has been addressed, but he has constantly rejected any suggestions to improve his communication skills. It is recommended that he be denied tenure. Subsequent committees come to similar conclusions, and he is given a termination contract. Reasons given include his inability to communicate, his refusal to work with students, his failure to maintain office hours, and his refusal to work with other faculty. Dr. Augustus believes that he has been denied tenure primarily due to his race and African heritage and files a claim with the EEOC. When the EEOC investigates, it finds numerous black faculty members of African heritage, many with pronounced accents, both tenure track and tenured. Has Dr. Augustus been discriminated against? Why or why not?

Disciplinary actions rarely give rise to employment discrimination claims.

When the Age Discrimination in Employment Act is being applied, the substantially younger test generally says that the younger employee must be at least ________ years younger than the terminated employee claiming discrimination.

The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race, sex, or other protected class tested.

What was the justification for, and the purpose of, the Lilly Ledbetter Fair Pay Act of 2009?

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

The EEOC is a ____-member commission.

Mike is Kathy's employer. Mike tells her that she will not get a raise or promotion unless she has sex with him. Mike has committed ________ sexual harassment.

It may not be discriminatory to require that persons in a protected class, in certain instances, be afforded special rights.

What procedures or policies should employers implement to protect themselves from charges of discrimination even when firing an employee for misconduct?

Which of the following would likely not be considered a major life activity supporting a disability claim?

If the plaintiff proves her or his prima facie case under the McDonnell Douglas standard, the burden of proof shifts to the defendant to evidence a legitimate and nondiscriminatory reason for the discriminatory action.

Name the four elements that must be proved to establish a prima facie case of disparate treatment in hiring under the McDonnell Douglas standard.

The Americans with Disabilities Act applies to employers with ________ employees.

Affirmative action sets and requires quotas in order to meet racial and sexual equality.

After conducting an investigation of a discrimination claim, if discrimination is found, the EEOC may immediately file suit on behalf of the aggrieved employee.