Deck 13: civil rights and employment discrimination

Question 1

Title VII provides that an employer may lawfully hire an individual on the basis of religion,sex,or national origin if religion,sex,or national origin is a bona fide occupational qualification.

Answer 1

True

Question 2

Gender will qualify as a BFOQ where a gender-based restriction is based on the preferences of coworkers,employers,or customers for one sex or the other.

Answer 2

False

Question 3

A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise)based upon the individual's sex.

Answer 3

False

Question 4

The Age Discrimination in Employment Act of 1967 protects all persons over 35.

Question 5

A report prepared by the Equal Employment Opportunity Commission in 2003 shows a steady decrease in religious discrimination claims under Title VII.

Question 6

The U.S.Supreme Court has ruled that a showing of a serious effect on an employee's psychological well-being is necessary for a hostile work environment claim under Title VII.

Question 7

Under the Americans with Disabilities Act (ADA)a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled.

Question 8

A claim for sexual harassment may be asserted by either male or female employees.

Question 9

It is not necessary to prove intentional discrimination to prevail in a disparate impact case.

Question 10

The federal statutes on race,gender and employment discrimination apply both to employees and independent contractors.

Question 11

Under federal law,employees may not waive their rights under the Age Discrimination in Employment Act (ADEA).

Question 12

A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship on the employer.

Question 13

Many states have passed their own fair employment acts.

Question 14

Under federal law there are no caps on either compensatory or punitive damages when sexual harassment is involved.

Question 15

If two individuals aged 25 and 35 apply for the same position,under federal law the employer may not lawfully reject either applicant on the basis of age.

Question 16

A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of having sexual relations with the supervisor.

Question 17

Plaintiffs in Title VII cases may only bring claims of harassment based on sex.

Question 18

Title VII has been successfully used to challenge English-only workplace rules.

Question 19

To prevail on a claim for retaliation,a plaintiff does not need to prevail on his or her Title VII discrimination claim.

Question 20

Legislation to amend Title VII to include sexual orientation has not been enacted.

Question 21

According to Endres v.Indiana State Police,the case in the text involving the police officer who sued under Title VII contending that he was discriminated against on account of his religion,when must an employer offer reasonable accommodations for an employee's religious beliefs?

A)When the employer can do so without causing undue hardship on the conduct of the employer's business.
B)When the employer can do so without spending in excess of $1,000.
C)When the employer can do so without spending any amounts.
D)The court ruled that an employer must always accommodate a request to be off or for reassignment based on religious beliefs so long as the beliefs are sincerely held.

Question 22

The ________ is the primary enforcer of civil rights legislation in the United States.

A)Department of Commerce
B)Department of the Treasury
C)Equal Employment Opportunity Commission (EEOC)
D)Section 1981 requirement

Question 23

What is the major provision of the Civil Rights Act of 1866 (Section 1981)?

A)It prohibits racial discrimination by employers of over 50 employees in the making and enforcement of contracts,including employment contracts.
B)It prohibits racial discrimination by employers of any size in the making and enforcement of contracts,excluding employment contracts.
C)It prohibits racial discrimination by employers of any size in the making and enforcement of contracts,including employment contracts.
D)It prohibits racial discrimination by employers of over 25 employees in the making and enforcement of contracts,including employment contracts.

Question 24

To prove disparate impact,the plaintiff must demonstrate that the specific employment practice,policy,or rule being challenged has caused a statistically significant ________ effect on different groups.

A)disproportionate
B)proportionate
C)substantial
D)minimum

Question 25

What is the major provision of the Equal Pay Act of 1963?

A)It mandates equal pay for equal work without regard to gender only.
B)It mandates equal pay for equal work without regard to gender or age.
C)It mandates equal pay for equal work without regard to gender,race,or age.
D)It mandates equal pay for equal work without regard to race only.

Question 26

The _________ establishes minimum standards for employees who waive their rights under the Age Discrimination in Employment Act.

A)The Fairness Benefit Protection Act
B)The Older Workers' Benefit Protection Act
C)The Civil Rights Guarantee Act
D)There is no such act.

Question 27

Which of the following is not a factor in determining whether or not a "reasonable accommodation" is an "undue hardship" on the employer?

A)The type of disability to be accommodated.
B)The nature and cost of the accommodation needed.
C)The overall financial resources of the employer.
D)The overall size of the business.

Question 28

As a requirement for an employee to be covered by the Family and Medical Leave Act,he or she must have

A)worked at the place of employment for at least 12 months.
B)completed at least 125 hours of service to the employer.
C)work for an employer that has at least 75 employees.
D)all of the responses are correct.

Question 29

Denial of promotion in retaliation for a person's refusal to respond to his or her supervisor's sexual advances is referred to as ________ harassment.

A)sina qua non
B)quid pro quo
C)actual
D)constructive

Question 30

In a job application for employment,a weight requirement may be valid if its purpose can be justified as a ________ by the employer.

A)non disparate treatment
B)non disparate impact
C)BFOQ
D)Section 1981 requirement

Question 31

Which of the following will a court consider in determining whether there is a hostile or abusive environment?

A)The frequency and severity of the alleged discriminatory conduct.
B)Whether the alleged discriminatory conduct is physically threatening or humiliating,or merely an offensive utterance.
C)Whether the alleged discriminatory conduct unreasonably interferes with an employee's work performance.
D)All of the responses are correct.

Question 32

Title I of the Americans with Disabilities Act (ADA)prohibits employers from discriminating with regard to ________ against a qualified individual because of a disability.

A)job application procedures
B)discharge
C)compensation
D)all of the responses are correct

Question 33

Once a plaintiff proves a disparate impact,the ________ has the burden to prove that the challenged practice is job-related and consistent with business necessity

A)employee
B)employer
C)EEOC
D)Department of Justice

Question 34

Which of the following two theories has litigation in traditional Title VII actions produced?

A)Disparate treatment and unfair impact.
B)Disparate treatment and disparate impact.
C)Unfair treatment and disparate impact.
D)Unfair treatment and unfair impact.

Question 35

An employee may use the Family and Medical Leave Act for

A)the birth of a child.
B)the care of a parent.
C)a serious personal health condition.
D)all of the above.

Question 36

Title VII of the Civil Rights Act will not support a claim of discrimination based upon

A)sexual orientation.
B)sexual harassment.
C)sex.
D)quid pro quo.

Question 37

Affirmative action obligations do not normally apply to

A)the federal government.
B)private employers.
C)government contractors.
D)all of the responses are correct.

Question 38

Title VII prohibits discrimination based on which of the following?

A)Race,color,and religion.
B)Race,color,religion,national origin,sex,or age.
C)Race,color,religion,and sex.
D)Race,color,religion,national origin,or sex.

Question 39

What did the U.S.Supreme Court rule in Echazabal v.Chevron USA,Inc.,in which the plaintiff sued under the Americans with Disabilities Act (ADA)after the defendant refused to allow the plaintiff to work in its refinery because of his liver disease and concerns regarding his health?

A)The Court ruled that under the ADA an employer is authorized to refuse to hire an individual if the individual's performance on the job would endanger his or her own health owing to a disability.
B)The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if the individual's performance on the job would in any manner endanger another
Employee's health.
C)The Court ruled that under the ADA an employer is only authorized to refuse to hire an individual if he or she has a communicable disease.
D)The Court ruled that under the ADA an employer may not take into consideration a health condition that would present a problem to the applicant or others.The employer may only consider
Whether the applicant has the skills to do the job.

Question 40

An employer can legally justify discrimination against an employee with AIDS based upon the

A)possible loss of his customers.
B)possible loss of his employees.
C)increase of his health insurance costs.
D)none of the responses are correct.

Question 41

Richard is starting a new security service.He tells his attorney,Kiera,that while he plans to prohibit all acts of discrimination and harassment,he cannot be all places at all times.Richard asks Kiera if there is anything he can do to limit his liability.What should she tall him?

A)She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment,he cannot be held liable for acts of supervisors.
B)She should tell him that there is nothing he can do because under the law,he is automatically liable for any acts of harassment committed by supervisors.
C)She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct,and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability.
D)She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII.

Question 42

Carl is an engineer.Recently he applied for one of ten new positions at Space Co.,Inc.Space Co.is hiring in anticipation of their first large government contract.Carl did not receive a job offer.Carl has learned that Space Co.has a practice of giving preference to minority applicants.He sues for reverse discrimination.Set forth the following: (1)the executive order that would be applicable (2)what it provides (3)the standard of review applied to affirmative action plans,and (4)any additional information that would be helpful in determining if Space Co.,Inc.violated the law.

Question 43

Sneaky opened a new dress shop catering to college aged students.Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school.Sally,age 50,was denied employment on the basis that although she was highly skilled in computer usage,she obtained her training after high school.Computer training was not available in Sally's high school nor was it typically available in high schools during that time period.Sally sued for age discrimination.Sneaky said that was not true and that his advertisement only referred to computer training.It in no way referenced an age requirement.Sneaky claimed that the fact that all his associates were younger was simply a coincidence.Which of the following is true regarding Sally's claim?

A)Sneaky should win because he was entitled to require high-school based computer training.
B)Sneaky should win unless Sally can obtain evidence that Sneaky intentionally used the requirement to discriminate based upon age.
C)Sally should win under a disparate treatment theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.
D)Sally should win under a disparate impact theory if she can show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.

Question 44

Fact pattern 13-1
Sam,who is age 60,was told by Big Company that he was being laid off.Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act.Sam believed that his age was a factor in the decision to lay him off; but he really needed the money,so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination.Sam was given seven days to consider whether to enter into the agreement,and the agreement provided that it was final the date it was signed.
Refer to fact pattern 13-1.Does Sam have any rights to sue Big Company for age discrimination?

A)No.
B)Yes,because although the agreement complied with the Older Workers' Benefit Protection Act,Sam has six months in which to renounce the agreement and sue for age discrimination.
C)Yes,because the agreement did not comply with the Older Workers' Benefit Protection Act,Sam can sue the company for age discrimination but only if he returns the severance payment.
D)Yes,because the agreement did not comply with the Older Workers' Benefit Protection Act,Sam can sue the company for age discrimination without having to return the severance payment.

Question 45

Set forth the categories of individuals classified as disabled under the Americans with Disabilities Act.

Question 46

What has the U.S.Supreme Court ruled regarding the ability of a state employee to sue a state employer for a violation of the Family and Medical Leave Act?

A)That the Eleventh Amendment bars a lawsuit against a state employer.
B)That a state employee can sue a state employer for a Family and Medical Leave Act violation.
C)That the due process clause bars a lawsuit against a state employer.
D)That a state employee can sue a state employer for a Family and Medical Leave Act violation only if some type of discrimination barred by Title VII is also present.

Question 47

Describe the two types of sexual harassment and what an employee must show to recover.What steps should an employer take to minimize the likelihood of a successful sexual harassment suit? Discuss fully.

Question 48

Which of the following is false regarding India's discrimination protection?

A)The India Constitution has provisions prohibiting some forms of discrimination.
B)The Indian government has started an affirmative action program for citizens with disabilities.
C)The Indian government has laws protecting women from sexual harassment.
D)All of the responses are correct.

Question 49

Susan goes to work for Fashion Company,a U.S.company that has a branch in a repressive Middle Eastern country.Susan agrees to go to transfer to the Middle Eastern country.After working there for several months she notices that men who are less qualified are promoted to managerial jobs for which she has applied.Susan tells her supervisor,Will,that she is going to sue the company under Title VII because she is being discriminated against on the basis of her sex.He tells her to forget it because Title VII does not apply outside the U.S.He also tells her that even if he wanted to promote her,which he does not,the law in the Middle Eastern country prohibits the promotion of women into managerial positions.Susan tells him that he is nuts because she is fully protected as a U.S.citizen working for a U.S.company.Who is right and why?

Question 50

Under the Family and Medical Leave Act,eligible employees are entitled to ____ weeks of leave per year.

A)10
B)20
C)12
D)5

Question 51

Under federal law,individuals under the age _____ have no protection from discrimination based on age?

A)40
B)50
C)55
D)60

Question 52

Fact pattern 13-1
Sam,who is age 60,was told by Big Company that he was being laid off.Sam was offered a severance package of $5,000 if he would waive his rights to sue for age discrimination under the Age Discrimination in Employment Act.Sam believed that his age was a factor in the decision to lay him off; but he really needed the money,so he signed an agreement whereby Big Company agreed to pay him $5,000 and he agreed to waive his rights against Big Company for age discrimination.Sam was given seven days to consider whether to enter into the agreement,and the agreement provided that it was final the date it was signed.
Refer to fact pattern 13-1.Did the agreement Sam signed comply with the Older Workers' Benefit Protection Act?

A)No,because it did not give Sam at least twenty-one days to consider whether to enter into the agreement.
B)No,because it did not give Sam s least seven days following execution of the agreement during which he could revoke it.
C)No,because it did not give Sam at least twenty-one days to consider whether to enter into the agreement and also because it did not give Sam s least seven days following execution of the agreement during which he could revoke it.
D)Yes,it complied with the act.

Question 53

The principal federal law prohibiting discrimination in employment on the basis of age is

A)Title VII.
B)ADEA.
C)OWBPA.
D)EEOC.

Question 54

Miranda is a cashier at Super Store.Saturday is their busiest day.She tells her supervisor Sam that she needs to be off every Saturday because that is the religious holiday for the religious to which she has recently converted.What are Sam's obligations to Miranda?

A)He has an absolute obligation under the law to let her off every Saturday unless he can prove that she is not using the time for religious observance.
B)He cannot fire her based on her religious beliefs,but he has no duty to let her off on the busiest day of the week.
C)Under the law,he must allow her to be off as requested,but only if she can establish that under the tenants of her religious she is doomed if she does not attend worship services regularly.
D)He must make reasonable accommodations to her unless doing so would cause undue hardship on the business.

Question 55

Which of the following is true regarding Japan's discrimination protection?

A)The Japanese constitution does not address discrimination.
B)Japan has statutes prohibiting discrimination on the basis of race and national origin.
C)Japan has statutes prohibiting sex discrimination.
D)All of the responses are correct.

Question 56

Trudy,a female manager at ABC Company,was surprised to learn that one of her male employees had accused her of sexual harassment.Trudy denied all charges.After a long and expensive battle in court,the jury ruled in favor of ABC Company on all charges.A few days after the trial,Trudy's supervisor fired her for no apparent reason.Trudy obtained evidence in the form of interoffice memos that she was fired because of the charges brought against her.Trudy thought that was unfair because she was completely vindicated by the jury.Are any remedies available to her under Title VII?

A)No remedies are available to her under Title VII because it only protects victims of discrimination and harassment along with witnesses testifying in support.
B)Trudy can sue under Title VII only if she can establish that men had been treated differently when accused of harassment.
C)Trudy can sue under Title VII only if she can establish the existence of an employment contract whereby she can only be discharged for just cause.
D)At least one court has ruled that Trudy has a cause of action under Title VII based upon retaliation.

Question 57

Which of the following does Executive Order 11246 require that federal contractors include in every nonexempt government contract?

A)An agreement not to discriminate in employment on the basis of race,color,religion,sex,or national origin.
B)An agreement to hire a certain quota of minorities.
C)An agreement to perform audits of discriminatory practices.
D)All of the responses are correct.

Question 58

Leave under the Family and Medical Leave Act is

A)paid leave.
B)unpaid leave.
C)paid leave for 3 weeks and then unpaid.
D)paid leave for 10 weeks and then unpaid.

Question 59

Under the EEOC,gender will qualify as a BFOQ where a gender-based restriction is based on

A)assumptions of the comparative employment characteristics of women in general.
B)the rights of others to privacy.
C)stereotyped characterizations of the sexes.
D)the preferences of co-workers,employers,or customers for one sex or the other.

Question 60

Bob,age 60,works at Big Company as an assistant manager and has been approached by his supervisor,Sue,on several occasions for a date.She makes lewd and inappropriate comments to him that are very embarrassing.Bob complained to Selina,the president of Big Company,but no action was taken.In fact,Selina told him that he should feel lucky that Sue was interested in an old guy like him and proceeded to tell several jokes involving age and sexual performance.Again,Bob was humiliated and embarrassed.Bob complained to the Equal Employment Commission regarding what he believed was inappropriate conduct involving the requests for dates,and references to sex and age.Selina was told by the Commission representative that she needed to put a stop to inappropriate behavior.A few days later,Bob was told that he was being demoted.He was replaced by a 25 year old female.What causes of action,if any,would Bob have?