Deck 21: Employment Discrimination

Question 1

Constructive discharge occurs when an employer, to avoid conflict among workers, discharges an employee engaging in an unconventional act, such as wearing a hijab.

Answer 1

False

Question 2

Title VII of the Civil Rights Act prohibits job discrimination on the basis of income.

Answer 2

False

Question 3

Normally, an employer is liable for a supervisor's sexual harassment only if the supervisor took a tangible employment action against an employee.

Answer 3

True

Question 4

A worker who is dissuaded from filing a charge of discrimination by an employer's threat to change the benefits of the job has a basis for a claim of retaliation.

Question 5

When Title VII applies to an employer, any employee-including an undocumented worker-can bring an action for employment discrimination.

Question 6

The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.

Question 7

To bring a Title VII claim as a class action, employees must prove a company-wide policy of discrimination that has a common effect on all of the plaintiffs.

Question 8

An employer must reasonably accommodate its employees' religious practices, but only if they are based on the doctrines of a traditionally recognized religion.

Question 9

An employer cannot classify jobs as male or female but can refuse to promote employees based on their gender.

Question 10

Sexual harassment occurs when a pattern of sexually offensive conduct runs throughout a workplace and the employer takes no steps to prevent it.

Question 11

The laws designed to protect certain workers against discrimination are aimed at providing equal rights for all and eliminating special privileges for the few.

Question 12

An employer can require employees to participate in such religious activity as weekly prayer meetings with other employees.

Question 13

An employer can avoid liability under Title VII by showing that the employer's standards for hiring and promoting have a substantial, demonstrable relationship to realistic qualifications for the job at issue.

Question 14

The Equal Pay Act requires equal pay for male and female employees working at the same establishment, regardless of the work they do.

Question 15

If an employer sued for an adverse employment action on the basis of discrimination articulates a legal reason for the action, the employer wins.

Question 16

A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.

Question 17

Many states have their own laws that protect employees against discrimination, but none provide more protection to employees than federal laws.

Question 18

Under federal law, the definition of gender discrimination has not been expanded to include discrimination based on pregnancy.

Question 19

Disparate-impact discrimination occurs when a protected class is adversely affected by the practice or procedure of an employer who intended that result.

Question 20

Constructive discharge is a theory that plaintiffs can use to establish any type of discrimination claim under Title VII and other federal discrimination laws.

Question 21

Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment discrimination, Sara must show all of the following except that

A) she is a member of a protected class.
B) she applied and was qualified for the job in question.
C) she was rejected for a position by the employer.
D) other persons of her race hold similar positions with similar employers.

Question 22

Under the Uniformed Services Employment and Reemployment Rights Act, any person who has served in the military is entitled to more favorable treatment in the workplace than a co-worker who has not served.

Question 23

A business necessity is a defense against employment discrimination based on the genuine requirements of a business.

Question 24

Under the Age Discrimination in Employment Act, if an employer offers a legitimate reason for its action, an employee's case is held to be a pretext.

Question 25

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

Question 26

An employer can avoid liability for sexual harassment by taking prompt remedial action.

Question 27

The Age Discrimination in Employment Act prohibits employment discrimination on the basis of age against individuals up to forty years of age.

Question 28

Under the Age Discrimination in Employment Act, the plaintiff must show that the unlawful discrimination was only one of the reasons for an adverse employment action.

Question 29

Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of

A) experience.
B) gender.
C) education.
D) all of the choices.

Question 30

Workers in the United States generally have less protection against sexual harassment in the workplace than workers in other countries.

Question 31

Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.

Question 32

Title VII of the Civil Rights Act applies to employers and labor unions with at least

A) fifteen employees or members.
B) five employees or members.
C) ten employees or members.
D) one employee or member.

Question 33

Punitive damages may be recovered in a case of discrimination against a private employer if the employer acted with malice or reckless indifference.

Question 34

The Age Discrimination in Employment Act extends to federal government employees but state employers are usually immune from age-based claims.

Question 35

The Americans with Disabilities Act defines disability to include a physical or mental impairment that causes "undue hardship."

Question 36

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that

A) he is a member of a protected class.
B) the employer has no legal defenses against the claim.
C) discriminatory intent motivated the employer's act.
D) no other firm in the industry has committed a discriminatory act.

Question 37

Compliance with Title VII of the Civil Rights Act is monitored by

A) protected classes.
B) businesses affected by interstate commerce.
C) state and local governing agencies.
D) the Equal Employment Opportunity Commission.

Question 38

A state does not have the inherent power to ban affirmative action within that state.

Question 39

Under the Americans with Disabilities Act, employers must accommodate the needs of persons with disabilities, even if doing so causes undue hardship.

Question 40

The Americans with Disabilities Act permits employers to take adverse employment actions based on assumptions about individuals who associate with people who have disabilities.

Question 41

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries

A) if it acted with reckless indifference to an individual's rights.
B) if it can easily afford to pay the amount.
C) if it has one hundred or more employees.
D) under no circumstances.

Question 42

Metro Fabrication Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by

A) the employee's previous employer.
B) a company supervisor.
C) a competitor.
D) any of the choices.

Question 43

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover

A) an unlimited amount of compensatory and punitive damages.
B) a limited amount of compensatory and punitive damages.
C) compensatory, but not punitive damages.
D) punitive, but not compensatory, damages.

Question 44

Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded

A) back pay, but not retroactive promotions.
B) retroactive promotions, but not back pay.
C) damages, but not back pay.
D) back pay, retroactive promotions, and damages.

Question 45

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of

A) a protected class.
B) a majority group.
C) an employers' association.
D) a union.

Question 46

Gil and Hera are employees of IT Solutions Inc. Under the Equal Pay Act, IT Solutions can legitimately pay different wages to male and female employees on the basis of

A) merit.
B) marital status.
C) similar work at the same facility.
D) gender.

Question 47

Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file

A) none of the choices.
B) a retaliation claim.
C) a constructive discharge claim.
D) a disparate-impact discrimination claim.

Question 48

Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is

A) a constructive discharge.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 49

Kyla replaces Lomax in his job at Motor Corporation. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply

A) Kyla must be forty years of age or younger.
B) Motor must have been in business for at least forty years.
C) Lomax must be forty years of age or older.
D) Lomax must have been Motor's employee for at least forty years.

Question 50

Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by

A) none of the employees.
B) Emily.
C) Emily's co-workers.
D) Gowan.

Question 51

Dona, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on

A) age.
B) disability.
C) gender.
D) race.

Question 52

Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that

A) the practice in question was justified.
B) the employer feared it would be sued if it used the test results.
C) any discriminatory effect was unintended.
D) statistically the practice in question is discriminatory in effect.

Question 53

Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is

A) a constructive discharge.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.

Question 54

Riverside Resort replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is

A) deserving of higher pay than the individual who replaced her.
B) generally more dependable than the individual who replaced her.
C) older than the person who replaced her.
D) qualified for the position.

Question 55

Holly files an employment discrimination suit against Industrial Inc. under Title VII of the Civil Rights Act on a disparate-impact theory. To succeed, Holly must show in part that she was adversely affected by the employer's

A) practice.
B) any of the choices.
C) business necessity.
D) bona fide occupational qualification.

Question 56

Myra, a female, and Neil, a male, are employees of Operation Business Corporation. Myra regularly e-mails sexually explicit images via Operation's network to Neil, who finds the images offensive. This is most likely

A) hostile work environment harassment.
B) none of the choices.
C) quid pro quo harassment.
D) a constructive discharge.

Question 57

Under the Equal Pay Act, an employer can legitimately pay different wages to male and female employees on the basis of

A) the primary duties of the jobs.
B) all of the choices.
C) a seniority or merit system.
D) any factor other than gender.

Question 58

Olive is a supervisor for Pasta Garden, a restaurant. Qui is a Pasta Garden employee. The owner announces that some employees will be discharged. Olive tells Qui that for sexual favors, she will give him an excellent performance review and recommend a raise. This is

A) employer retaliation.
B) hostile-environment harassment.
C) none of the choices.
D) quid pro quo harassment.

Question 59

Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes

A) imprisonment.
B) reinstatement.
C) fines.
D) an order to close the employer's business.

Question 60

Laura is the only female employee in the maintenance department of Motor Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is most likely

A) a constructive discharge.
B) employer retaliation.
C) a voluntary quit.
D) none of the choices.

Question 61

To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she

A) was not hired solely because of a disability.
B) has a disability that does not limit any major-life activity.
C) suffers from a disability that causes undue personal hardship.
D) is willing to reasonably accommodate the employer's needs.

Question 62

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under

A) no federal law.
B) Title VII of the Civil Rights Act.
C) the Age Discrimination in Employment Act.
D) the Americans with Disabilities Act.

Question 63

Sweet Air Filtration Products Company, a major supplier of air filters sold throughout the United States, employs one hundred workers at its principal manufacturing plant. The plant is located in Thunder Bay, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Sweet Air requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Sweet Air has an all-white cleaning crew. Has Sweet Air violated the Civil Rights Act? Explain.

Question 64

The Americans with Disabilities Act applies to workplaces with at least

A) fifteen workers.
B) five workers.
C) ten workers.
D) one worker.

Question 65

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

A) a prima facie case.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) immunity.

Question 66

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is

A) a prima facie case.
B) a bona fide occupational qualification defense.
C) a business necessity defense.
D) disparate-impact discrimination.

Question 67

Marv files a suit against the state of New Hampshire, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

A) the state is immune from the suit.
B) the suit can proceed.
C) the plaintiff is immune from any defense.
D) the court is immune from the request.

Question 68

An affirmative action plan may be found to be constitutional if it

A) attempts to remedy past discrimination.
B) makes use of quotas or preferences.
C) violates the equal protection clause of the Fourteenth Amendment.
D) is not changed or eliminated after accomplishing its goal.

Question 69

Bib replaces Chloe in her job at Data Market Corporation. To succeed with an age-discrimination claim against Data Market, Chloe will have to show that

A) Bib is not qualified for the job.
B) Chloe is qualified for the job.
C) the employer's qualifications for the job are too high.
D) no one could do the job as well as Chloe could.

Question 70

Vero 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. Vero has had the job longer than other employees. Vero applies for a promotion to a supervisory position that requires constant communication with others in the field. Wind Power rejects the application on the ground that Vero is hearing impaired. Wind Power acknowledges that Vero is otherwise qualified, but asserts that it "needs someone who does not have a hearing problem." Vero files a suit against Wind Power under the Americans with Disabilities Act. What is the issue, and what are the relevant considerations on which its resolution depends?

Question 71

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is

A) only Ivy.
B) Ivy, Jerold, and Kim.
C) none of the choices.
D) only Ivy and Kim.

Question 72

The Uniformed Services Employment and Reemployment Rights Act applies to

A) all public employers.
B) all private employers.
C) U.S. employers operating in foreign countries.
D) all of the choices.