Exam 30: Employment Discrimination and Diversity

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

The standard for determining whether constructive discharge has occurred is whether or not

Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.

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

A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions.

Truman applies for a job at Skylight Canopy Corporation for which he is well quali?fied, but for which he is rejected. Skylight continues to seek applicants and eventually fills the posi?tion with a person who is not a member of a mi?nority. Truman is most likely to succeed in a suit against Skylight for discrimination if he is a member of

Machine Corporation requires its employees to have a high school diploma, claiming a definite connection between a high school edu?ca?tion and job performance. In a suit against Machine Corporation under Title VII, this requirement is shown to have a discriminatory effect. The employer has

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is

There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.

Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."

Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include

Title VII of the Civil Rights Act of 1964 does not apply to employers with only five employees.

Fact Pattern 30-2 Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly im?possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. -Refer to Fact Pattern 30-2. To successfully defend against Beth's claim, COC will have to show that

Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer's

An employee's resignation must be the foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.

An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.

Under Title VII of the Civil Rights Act of 1964, most private firms are required to implement affirmative action policies.

A tangible employment action is a significant change in employment status or benefits.

Cody believes that Delta Corporation has dis?criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To es?tablish a prima facie case of employment discrimi?nation, Cody must show that