Exam 35: Employment Discrimination and Diversity

Conrad and Delilah are employees of EcoCrop Feed & Seed Corporation. Under the Equal Pay Act of 1963, EcoCrop can legitimately pay different wages on the basis of

Satin, Silk & Swimwear, a women's clothing store, employs female attendants who as?sist customers in the dressing rooms. Toribio, a forty-one-year-old male, ap?plies for an atten?dant's job, but is not hired. In Toribio's suit against Satin, Silk & Swimwear for em?ployment discrimination under the Civil Rights Act of 1964, the store has

Title VII of the Civil Rights Act of 1964 applies to employers with fifteen or less employees.

Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination.

Veronica is a repairperson for Wind Power Company. The job requires traveling to remote areas to make repairs to windmills, transmission towers, and power stations under any conditions. Veronica has had the job longer than other employees. Veronica applies for a promotion to a supervisory position that requires constant communica?tion with others in the field. Wind Power rejects the application on the ground that Veronica is hearing impaired. Wind Power acknowledges that Veronica is otherwise quali?fied, but asserts that it "needs someone who does not have a hear?ing problem." Veronica files a suit against Wind Power under the Americans with Disabilities Act of 1990. What is the issue, and what are the relevant considerations on which its resolution depends?

For twenty years, Maynard works for Natural Gas Wells, Inc., which employs more than five hundred persons in two states. Natural Gas Wells drills for and mines natural gas to sell and transport to refineries, which in turn pipes liquefied gas to other states. Maynard starts as an unskilled worker in the drilling fields. After a career of positive job evaluations and pay raises, Maynard is ultimately promoted to the position of chief of maintenance for a dozen wellheads. Five years later, a new employee, Oberto, is hired to oversee operations at all of the wellheads. Oberto demotes Maynard, who is now over the age of forty, and freezes his salary. Oberto demotes five other employees over the age of forty and places Maynard under the supervision of Pitt, who is twenty-three. Maynard overhears Pitt say, "We're going to have to do away with these old men." Maynard quits and files a suit against Natural Gas Wells for employment discrimination. Should he prevail? Explain.

If a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation.

Boni, the owner of Café Rico, knows about, but does not take any action to prevent, the sexual harassment of employees. Boni and the café may be liable for such harassment by

Lisa brings a successful lawsuit against her employer Metal Mold & Die Corporation for unlawful discrimination. Lisa may be awarded

The Equal Pay Act and other federal laws prohibit employers from engaging in gender-based wage discrimination.

Merlin is a drug addict who has completed a supervised drug-rehabilitation program. Nabil used drugs casually in the past. Both work for Omni Insurance & Investments Inc. Considered to have a disability under the Americans with Disabilities Act of 1990

The distribution of promotions and other job benefits according to a seniority system is not normally a good defense to a suit for employment discrimination.

If a wage differential is due to any factor other than gender, then it does not violate the Equal Pay Act.

Fact Pattern 35-1B (Questions B14-B15 apply) Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). -Refer to Fact Pattern 35-1B. Lomax believes that he has been discriminated against on the basis of his age. For the Age Dis?crimination in Employment Act of 1967 to apply

Most employers can treat their employees more or less favorably based on their religious beliefs or practices.

Lumber Mill Inc. is a private employer with more than twenty employees. Its employment practices do not indicate a past pattern of discrimination. It is located in Metro City, which has recently seen an increase in the number of its citizens who are members of protected classes. Under the Civil Rights Act of 1964, Lumber Mill is

Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.

Employee demotion is one of the least frequently cited reasons for a finding of constructive discharge under Title VII of the Civil Rights Act of 1964.

Helene, a disabled person, applies for a job at Industrial Engineering Applications Inc. for which she is well quali?fied, but for which she is rejected. Industrial Engineering continues to seek applicants and eventually fills the posi?tion with a person who is not disabled. Helene is most likely to succeed in a suit against Industrial Engineering for discrimination under the Americans with Disabilities Act of 1990 if she can show that

Sara believes that she was rejected for a position at Trek n' Travel Agency on the basis of her race. Sara files a suit against Trek n' Travel under the Civil Rights Act of 1964. To es?tablish a prima facie case of employment discrimi?nation, Sara must show all of the following except that