Exam 12: Employment Discrimination

Stephen is 40 years old and has applied for a job at a large computer games development company.He is told that he is "over the hill" and not eligible for employment at that company.Stephen does not have a valid age discrimination suit under the Age Discrimination in Employment Act because the act only applies to those already employed but not to applicants in the hiring process.

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 plaintiff need not be in a minority of a protected class to be covered under Title VII.

Disparate treatment is analyzed using the ________ standard.

Kim,a CPA,works for a small accounting firm consisting of two managing partners,six accountants and four secretaries.During a skiing vacation,Kim has a serious fall and is paralyzed from the waist down.While she cannot walk,her mind is not affected and she is 100% capable of performing her accounting duties.She has asked the firm to widen the aisles between cubicles so she can maneuver her wheel chair and to provide a special desk that is wheel chair friendly.These accommodations would cost less than $1,000.

Mike and Kathy are both tenured associate professors in a school's English Department.Kathy is constantly asking Mike out on dates,which he always refuses.He has asked her to stop asking.Furthermore,Kathy is always making provocative comments to him,telling dirty jokes and asking him about his preferences in women which embarrasses him and has caused him to lose sleep.If Mike sues the school for permitting her behavior:

Once an employee has established that she has a covered disability,the Americans with Disabilities Act requires that the employer make reasonable accommodations allowing the employee to perform the essential functions of the job.

Disciplinary actions rarely give rise to employment discrimination claims.

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?

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

Mohammed has applied for a custodial job and has been rejected.He believes that his rejection is because of his Arab heritage.He is able to show two years of custodial experience and has successfully performed each of the jobs listed on the positions job description.He subsequently discovers that the job continued to be advertised after his rejection.When he files a complaint alleging disparate impact discrimination with the EEOC,the employer asserts that Mohammed did not meet their qualifications which included a minimum of ten years experience and a high school degree.How should the court decide this case?

Which of the following is not a protected class under the original Civil Rights Act of 1964?

Which of the following would be valid grounds to recognize and apply a bona fide occupational qualification?

Affirmative action programs are designed to remedy an actual past practice of discrimination.

The Equal Employment Opportunity Commission was created by the:

An employee must file charges of illegal discrimination with the EEOC within ________ days of the adverse job action.

In a disparate impact case,if an employer can show that a challenged employment practice is job related and consistent with business necessity,the plaintiff can still win by showing that:

Disparate impact is analyzed using the ________ standard.

In EEOC v.Asplundh Tree Expert Co.,the court dismissed the lawsuit against the defendant because:

Emmanuelle has been the subject of intense and continuous hostile environment sexual harassment over a period of months.If she quits before filing a complaint with the EEOC,she forfeits the right to file the complaint and seek damages.