Question 1

When is a seniority system a defense to a charge of discrimination under Title VII?

Accepted Answer

Seniority systems are considered bona fide and are thus not illegal if (1) the system applies equally to all persons; (2) the seniority units follow industry practices; (3) the seniority system did not have its genesis in discrimination; and (4) the system is maintained free of any illegal discriminatory purpose.

Question 2

"Styling Shenanigans." Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there who was one of her employees. He paid her no attention. Finally, Candy told him that if he wanted to keep his job and get the new professional blow dryer he requested, he needed to take her on a date and give her a kiss. Bruce reluctantly did so. After the date, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert, another of her employees, was cute; and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that Candy's attention never personally bothered him, but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim, that such substantiation is necessary, and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. He says that while he found Candy entertaining, he should be able to recover if Bruce recovers.
-What type of harassment, if any, was involved in Candy's indication to Bruce that if he wanted to get a new blow dryer and keep his job, then he needed to take her out on a date?

Accepted Answer

A)  Quid pro quo. 
B)  Hostile work environment. 
C)  Sexual discrimination. 
D)  Targeted. 
E)  None because at that point she had not physically touched him in any manner. 
A)  Quid pro quo. 
B)  Hostile work environment. 
C)  Sexual discrimination. 
D)  Targeted. 
E)  None because at that point she had not physically touched him in any manner. A

Question 3

"Styling Shenanigans." Candy, who operated a hair and nail salon called "Up Sweep," had a crush on Bruce, a stylist there who was one of her employees. He paid her no attention. Finally, Candy told him that if he wanted to keep his job and get the new professional blow dryer he requested, he needed to take her on a date and give her a kiss. Bruce reluctantly did so. After the date, Candy proceeded to make suggestive comments to Bruce in front of other employees and to request that he rub her shoulders. When she passed Bruce's station, she would caress him while he worked. Candy also decided that Robert, another of her employees, was cute; and she showered him with the same type of attention. Robert enjoyed the attention, but Bruce was offended and filed a claim against Candy for sexual harassment. Bruce asked Robert to join in on the claim. Robert said that Candy's attention never personally bothered him, but that if Bruce can collect, then he wants in on the action. Bruce told Robert that he is going to see a psychologist to substantiate his claim, that such substantiation is necessary, and that Robert should consider doing likewise. Robert tells him that he has no interest in seeing a psychologist but that his case is as strong as Bruce's. He says that while he found Candy entertaining, he should be able to recover if Bruce recovers.
-Which of the following is true regarding Bruce's statement regarding the need for psychological counseling?

Accepted Answer

A)  A plaintiff is not required to show a tangible psychological injury in order to prevail on a sexual harassment claim. 
B)  A plaintiff is required to show a tangible psychological injury in order to prevail on any sexual discrimination or sexual harassment claim. 
C)  A plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless an independent witness can corroborate on an objective basis that sexual harassment actually occurred. 
D)  A plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless the plaintiff can show that the harassment caused the plaintiff monetary harm in the form of lost wages because of inability to work. 
E)  A plaintiff is only excused from showing a tangible psychological injury in a claim involving sexual harassment if the plaintiff can prove beyond a reasonable doubt that severe and pervasive harassment frequently occurred. 
A)  A plaintiff is not required to show a tangible psychological injury in order to prevail on a sexual harassment claim. 
B)  A plaintiff is required to show a tangible psychological injury in order to prevail on any sexual discrimination or sexual harassment claim. 
C)  A plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless an independent witness can corroborate on an objective basis that sexual harassment actually occurred. 
D)  A plaintiff is required to show a tangible psychological injury in order to prevail on a sexual harassment claim unless the plaintiff can show that the harassment caused the plaintiff monetary harm in the form of lost wages because of inability to work. 
E)  A plaintiff is only excused from showing a tangible psychological injury in a claim involving sexual harassment if the plaintiff can prove beyond a reasonable doubt that severe and pervasive harassment frequently occurred. A

Question 4

It is usually more difficult to prove disparate impact, as opposed to disparate treatment, in regard to violations of Title VII.

Accepted Answer

A) True 
 B)False

Question 5

Wayne was angry with Lynette because she would not go out on a date with him. Both Wayne and Lynette worked for Big Grocery, a chain of grocery stores. Wayne worked as a manager, and Lynette was a cashier. Big Grocery set up, maintained, and allowed employees to use an online forum to post suggestions and complaints. Wayne and some other employees posted derogatory comments regarding Lynette, criticized her for refusing to go out with Wayne, and poked fun at her bust size and other personal attributes. Lynette complained to Big Grocery's human resource manager who told her that the forum was open to all employees, that Big Grocery had a policy of not interfering, and that Lynette should just post a reply. Discuss whether Big Grocery should be required to intervene or whether Big Grocery is allowed to have an open forum. Also, discuss what you ethically believe the law should be in this area.

Accepted Answer

Big Grocery would have a duty to interve

Question 6

Which of the following is true regarding whether employers may discriminate against smokers?

Accepted Answer

A)  There is a federal law specifically prohibiting employers from firing employees who smoke, but it does not address the hiring of those who smoke. 
B)  There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke. 
C)  There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area. 
D)  There is no federal law prohibiting employers from firing employees who smoke although some states have laws protecting rights of smokers. 
E)  Neither federal nor state laws prohibit employers from firing employees who smoke. 
A)  There is a federal law specifically prohibiting employers from firing employees who smoke, but it does not address the hiring of those who smoke. 
B)  There is a federal law specifically prohibiting employers from firing or from refusing to hire employees who smoke. 
C)  There is a federal law specifically prohibiting employers from firing employees who smoke and from refusing to hire employees who smoke, and it also requires that employers have a designated smoking area. 
D)  There is no federal law prohibiting employers from firing employees who smoke although some states have laws protecting rights of smokers. 
E)  Neither federal nor state laws prohibit employers from firing employees who smoke.

Question 7

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

Accepted Answer

A)  Disparate-treatment cases 
B)  Disparate-impact cases 
C)  Sexual harassment cases 
D)  All of these 
E)  Quid pro quo cases 
A)  Disparate-treatment cases 
B)  Disparate-impact cases 
C)  Sexual harassment cases 
D)  All of these 
E)  Quid pro quo cases

Question 8

Which of the following is true regarding an award of attorney fees under Title VII?

Accepted Answer

A)  Attorney fees are always awarded to the prevailing party in Title VII cases. 
B)  Similar to attorney fees in a motor vehicle accident lawsuit, attorney fees are never awarded to the prevailing party in Title VII cases. 
C)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendant. 
D)  Attorney fees are not awarded to prevailing plaintiff; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant. 
E)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant. 
A)  Attorney fees are always awarded to the prevailing party in Title VII cases. 
B)  Similar to attorney fees in a motor vehicle accident lawsuit, attorney fees are never awarded to the prevailing party in Title VII cases. 
C)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust, but attorney fees are not awarded to prevailing defendant. 
D)  Attorney fees are not awarded to prevailing plaintiff; but if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant. 
E)  Attorney fees may be awarded to a successful plaintiff in a Title VII case and are typically denied only when special circumstances would render the award unjust; and if it is determined that a plaintiff's action was frivolous, unreasonable, or without foundation, the courts may award attorney fees to the prevailing defendant.

Question 9

The Americans with Disabilities Act is enforced by the Disability Action Agency, not the Equal Employment Opportunity Commission.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is provided to a plaintiff if the EEOC decides not to sue on behalf of the plaintiff?

Accepted Answer

A)  A termination of claim letter 
B)  A reinstatement letter 
C)  A referral letter 
D)  A right-to-sue letter 
E)  A delineation letter 
A)  A termination of claim letter 
B)  A reinstatement letter 
C)  A referral letter 
D)  A right-to-sue letter 
E)  A delineation letter

Question 11

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Accepted Answer

A)  60 
B)  50 
C)  45 
D)  40 
E)  35 
A)  60 
B)  50 
C)  45 
D)  40 
E)  35

Question 12

Which of the following is false regarding the status of women in Saudi Arabia?

Accepted Answer

A)  Women are not allowed to drive. 
B)  Women constitute only 25 percent of Saudi Arabia's workforce. 
C)  The law limits the industries in which women can be employed. 
D)  Women are forbidden to receive business licenses if they may have to interact with males or government officials. 
E)  Places of employment are segregated by sex. 
A)  Women are not allowed to drive. 
B)  Women constitute only 25 percent of Saudi Arabia's workforce. 
C)  The law limits the industries in which women can be employed. 
D)  Women are forbidden to receive business licenses if they may have to interact with males or government officials. 
E)  Places of employment are segregated by sex.

Question 13

Title VII does not apply to the overseas operations of American firms.

Accepted Answer

A) True 
 B)False

Question 14

What did the U.S. Supreme Court rule in Teresa Harris v. Forklift Systems Inc., the case in the text involving Title VII and whether psychological injury is necessary in order for a plaintiff to prevail?

Accepted Answer

A)  That tangible psychological injury is necessary in order to prevail in a sexual harassment case under Title VII. 
B)  That whether the victim subjectively perceived the work environment to be abusive and suffered psychological injury is irrelevant to whether a violation of Title VII based on sexual harassment occurred. 
C)  That so long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious. 
D)  That courts should apply a precise mathematical test as prescribed in the case in order to determine whether psychological damages are available. 
E)  That whether the conduct at issue is physically threatening is the determining factor on the issue of whether psychological damages are available. 
A)  That tangible psychological injury is necessary in order to prevail in a sexual harassment case under Title VII. 
B)  That whether the victim subjectively perceived the work environment to be abusive and suffered psychological injury is irrelevant to whether a violation of Title VII based on sexual harassment occurred. 
C)  That so long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious. 
D)  That courts should apply a precise mathematical test as prescribed in the case in order to determine whether psychological damages are available. 
E)  That whether the conduct at issue is physically threatening is the determining factor on the issue of whether psychological damages are available.

Question 15

In recent years the number of sexual harassment claims filed under Title VII has been in decline.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following best represents the ruling of the U.S. Supreme Court in Oncale v. Sundowner Offshore Services Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

Accepted Answer

A)  That same sex harassment states a claim under Title VII only if the harasser is a homosexual. 
B)  That same sex harassment may never state a claim under Title VII. 
C)  That same sex harassment may state a claim in the male to male context but not in the female to female context. 
D)  That same sex harassment may state a claim under Title VII. 
E)  That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment. 
A)  That same sex harassment states a claim under Title VII only if the harasser is a homosexual. 
B)  That same sex harassment may never state a claim under Title VII. 
C)  That same sex harassment may state a claim in the male to male context but not in the female to female context. 
D)  That same sex harassment may state a claim under Title VII. 
E)  That same sex harassment may state a claim only if there was also involvement by at least one person of the opposite sex in the harassment.

Question 17

In the area of employee testing, which of the following isolates some skill used on the job and directly tests that skill?

Accepted Answer

A)  Content validity 
B)  Criterion-related validity 
C)  Construct validity 
D)  Object validity 
E)  Performance validity 
A)  Content validity 
B)  Criterion-related validity 
C)  Construct validity 
D)  Object validity 
E)  Performance validity

Question 18

"Surprise Arrival." Gracie was surprised and pleased to find that she was pregnant. She worked as a waitress at Good Food and was aware that Groucho, her employer, had allowed employees who were ill for reasons that were not work related to take paid time off. For example, her friend Craig was off with pay for two months after suffering a mild heart attack, and her friend Bonnie was off work for three months when she ran her personal watercraft into a dock and broke her leg. Gracie, therefore, happily told Groucho about her pregnancy. He very angrily told her that, as set forth in the employee handbook, pregnancy was completely voluntary; that she was not entitled to a dime when she was off work; and that she would be lucky if he even allowed her to continue working at all because she would not be as cute when she gained weight. According to Groucho, being slender was a bona fide occupational qualification for females as well as males. He said that he serves families, and he does not want the kids asking embarrassing questions of their parents regarding Gracie's condition. Gracie was very angry and threatened to sue. Groucho told her, however, that he had business law back in 1980 and that discrimination based on pregnancy is not even covered by Title VII.
-What will be the likely result if Groucho defends on the basis that being slender is a job requirement for males as well as females?

Accepted Answer

A)  If he can prove that he also requires males to be of a certain type, then that is a bona fide occupational qualification; and Groucho can require that of Gracie with a resulting discharge. 
B)  Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Gracie. 
C)  Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant. 
D)  Groucho will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only. 
E)  Groucho will lose because pursuant to the Pregnancy Discrimination Act (PD
A)  of 1987, an employer may not force a woman to take time off work during her pregnancy. 
A)  If he can prove that he also requires males to be of a certain type, then that is a bona fide occupational qualification; and Groucho can require that of Gracie with a resulting discharge. 
B)  Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that he has an established history of requiring skinny servers and that he did not single out Gracie. 
C)  Groucho will only prevail on a defense of bona fide occupational qualification if he can establish that Gracie was attempting to voluntarily get pregnant. 
D)  Groucho will not prevail on a defense of bona fide occupational qualification because it is available in cases involving religion and national origin only. 
E)  Groucho will lose because pursuant to the Pregnancy Discrimination Act (PD
A)  of 1987, an employer may not force a woman to take time off work during her pregnancy.

Question 19

Which of the following is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred?

Accepted Answer

A)  Front pay 
B)  Statutory pay 
C)  Back pay 
D)  Mandated pay 
E)  Employment-based pay 
A)  Front pay 
B)  Statutory pay 
C)  Back pay 
D)  Mandated pay 
E)  Employment-based pay

Question 20

In the area of employee testing, which of the following measures a psychological trait needed to perform a job?

Accepted Answer

A)  Content validity 
B)  Criterion-related validity 
C)  Construct validity 
D)  Object validity 
E)  Performance validity 
A)  Content validity 
B)  Criterion-related validity 
C)  Construct validity 
D)  Object validity 
E)  Performance validity

Exam 43: Employment Discrimination

When is a seniority system a defense to a charge of discrimination under Title VII?

It is usually more difficult to prove disparate impact, as opposed to disparate treatment, in regard to violations of Title VII.

Which of the following is true regarding whether employers may discriminate against smokers?

In which of the following types of cases does a plaintiff attempt to prove that while an employer's policy or practice appears to apply to everyone equally, its actual effect is that it disproportionately limits employment opportunities for a protected class?

Which of the following is true regarding an award of attorney fees under Title VII?

The Americans with Disabilities Act is enforced by the Disability Action Agency, not the Equal Employment Opportunity Commission.

Which of the following is provided to a plaintiff if the EEOC decides not to sue on behalf of the plaintiff?

At what age does protection against age discrimination arise under the Age Discrimination in Employment Act?

Which of the following is false regarding the status of women in Saudi Arabia?

Title VII does not apply to the overseas operations of American firms.

What did the U.S. Supreme Court rule in Teresa Harris v. Forklift Systems Inc., the case in the text involving Title VII and whether psychological injury is necessary in order for a plaintiff to prevail?

In recent years the number of sexual harassment claims filed under Title VII has been in decline.

Which of the following best represents the ruling of the U.S. Supreme Court in Oncale v. Sundowner Offshore Services Inc., the case in the text addressing whether a plaintiff could prevail in a sexual harassment case when the harassers were of the same sex?

In the area of employee testing, which of the following isolates some skill used on the job and directly tests that skill?

Which of the following is the difference between the amount of money the plaintiff earned since the discriminatory act and the amount of money she or he would have earned had the discriminatory act never occurred?

In the area of employee testing, which of the following measures a psychological trait needed to perform a job?

An Introduction to Dynamic Business Law

Business Ethics

The US Legal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title, Risk of Loss, and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, Holder in Due Course, and Defenses

Liability, Defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, Formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, Officers, and Shareholders

Corporations: Mergers, Consolidations, Terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

The Nature of Property, Personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

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