Deck 19: Equal Opportunity in Employment

Question 1

If an employer refuses to promote all persons of the Asian race, the company has engaged in disparate-impact discrimination.

Answer 1

False

Question 2

The jurisdiction of the EEOC is restricted to investigating charges of discrimination based on gender.

Answer 2

False

Question 3

U.S. citizens employed by U.S. companies located in foreign countries are not covered by Title VII of the Civil Rights Act of 1964.

Answer 3

False

Question 4

A person having origins in any of the original peoples of the Middle East belongs to the Caucasian racial group.

Question 5

Title VII of the Civil Rights Act of 1964 applies to employers with any number of employees.

Question 6

There is no cap on the recovery of compensatory or punitive damages under Section 1981.

Question 7

A private plaintiff can bring an action of employment discrimination under Section 1981 without going through the procedural requirements of Title VII.

Question 8

If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, it constitutes racial discrimination.

Question 9

Disparate-treatment discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.

Question 10

Native American tribes and tax-exempt private clubs are expressly excluded from Title VII of the Civil Rights Act of 1964.

Question 11

A plaintiff can file a claim against an employer within 180 days of the most recent paycheck violation.

Question 12

If a person believes that he or she has been discriminated against in the workplace, he or she cannot immediately file a lawsuit against the employer.

Question 13

The EEOC and a complainant can jointly sue an employer who discriminated against the complainant.

Question 14

The Civil Rights Act of 1866 is unconcerned with national origin employment discrimination.

Question 15

The Equal Employment Opportunity Commission is the federal administrative agency that is responsible for enforcing most federal antidiscrimination laws.

Question 16

If an employer refuses to promote a qualified female to a management position because of her gender, this would be in violation of Title VII.

Question 17

Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.

Question 18

The EEOC will issue a right to sue letter to the complainant even if it does not find a violation upon investigation of the charge.

Question 19

A complainant cannot file his or her claim of discrimination with the FEPA instead of the EEOC.

Question 20

Title VII of the Civil Rights Act was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

Question 21

Employees stricken with cancer, diabetes, or epilepsy are considered qualified individuals with a disability under ADA provisions.

Question 22

The ADEA is a federal statute that prohibits age discrimination practices against employees who are 40 years and older.

Question 23

Which of the following is true of the right to sue letter issued by the EEOC?

A) It is issued when the EEOC chooses to bring suit.
B) It is issued when the EEOC does not find a violation.
C) It is issued when the complainant is found guilty.
D) It is issued only when the discrimination is racial in nature.

Question 24

Federal antidiscrimination laws prohibit employers from engaging in retaliation against an employee for filing a charge of discrimination.

Question 25

The ADAAA is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.

Question 26

Gloria's employer deducted 20 percent of her pay in the month of January due to personal problems he had with her. Under the Lilly Ledbetter Fair Pay Act, what period of time does Gloria have to file an employment discrimination claim?

A) within the month of July the same year
B) within the end of the financial year
C) within the month of April the same year
D) within the month of January the next year

Question 27

Labor unions are not covered under Title VII of the Civil Rights Act.

Question 28

Which of the following is true of the EEOC?

A) It cannot seek injunctive relief.
B) Its members are elected from state legislatures.
C) Its jurisdiction is limited to charges of racial discrimination.
D) A person should file a complaint with EEOC after filing a discriminatory lawsuit against the employer.

Question 29

An affirmative action plan provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions.

Question 30

Employers are not strictly liable to any of their employees who might have suffered sexual harassment at the workplace.

Question 31

The ________ is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.

A) Civil Rights Act of 1968
B) Title II of GINA
C) Civil Rights Act of 1964
D) Lilly Ledbetter Fair Pay Act

Question 32

The ________ is the federal agency responsible for enforcing most federal antidiscrimination laws.

A) EEOC
B) FEPA
C) ADEA
D) BFOQ

Question 33

If an employer denies a salary hike to an employee because she is a woman, the employer is liable for sexual harassment.

Question 34

Federal workers are not covered under the Equal Pay Act.

Question 35

Discrimination because of pregnancy, childbirth, or related medical conditions violates the Civil Rights Act of 1866.

Question 36

If the EEOC chooses not to bring suit, it issues a(n)________ to the complainant.

A) affirmative defense
B) right to sue letter
C) filing date
D) document of claim

Question 37

Denying employment to a woman because she is pregnant is a form of quid pro quo sex discrimination.

Question 38

Employers are obligated to provide reasonable accommodations to physically challenged employee if they do not incur significant difficulty or expense for the employers.

Question 39

A complainant may file his or her employment discrimination claim with the ________ instead of the EEOC.

A) ADA
B) ADEA
C) FEPA
D) BFOQ

Question 40

The ADA is a federal statute that imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate individuals with disabilities.

Question 41

A member of a minority race applies for a promotion to a position advertised as available at his company. The minority applicant, who is qualified for the position, is rejected by the company which hires a nonminority applicant for the position. The minority applicant can sue under ________.

A) Title I of ADA
B) Title II of GINA
C) Title VII of the Civil Rights Act
D) Lilly Ledbetter Fair Pay Act

Question 42

Using a sexually explicit picture or screensaver to mock an employee constitutes ________.

A) gender discrimination
B) quid pro quo sex discrimination
C) sexual harassment
D) physical abuse

Question 43

Lila Miller who works for a large software firm is four-months pregnant and is due for a promotion. However, her employer offers the promotion to Harry Oswald, a less-experienced candidate, as Lila would go on maternity leave soon and would be unable to perform her duties. Which of the following is true of this scenario?

A) Lila's employer is liable for disparate-treatment discrimination.
B) Lila's employer is liable for disparate-impact discrimination.
C) The employer was lawful in denying Lila the promotion.
D) Lila's employer has violated Title VII of the Civil Rights Act of 1964.

Question 44

Which of the following is true of employment discriminations defined under Title VII?

A) Disparate-treatment discrimination can be proven through statistical data about an employer's employment practices.
B) Disparate-impact discrimination occurs when an employer adopts a work rule that is neutral on its face but is shown to cause an adverse impact on a protected class.
C) Disparate-treatment discrimination occurs when an employer discriminates against an individual of a protected class.
D) Sexual harassment and refusal to hire physically challenged employees are illustrations of disparate-impact discrimination.

Question 45

An employee who believes that he or she is being sexually harassed has a duty to report the harassment to the ________.

A) EEOC
B) FEPA
C) employer
D) law enforcement authorities

Question 46

To claim under disparate-treatment discrimination, the complainant must prove that ________.

A) he or she is physically challenged
B) he or she was rejected due to over-qualification
C) he or she belongs to a Title VII protected class
D) he or she is covered by Title I of the ADA

Question 47

QuickMoney LLC is looking to fill its chief executive officer position, as the current CEO is retiring soon. QuickMoney receives applications for this position from many persons, including Joe Thomas, an African-American. Mr. Thomas is the best-qualified applicant for the job. If QuickMoney does not hire Mr. Thomas because he is an African-American, the company has engaged in ________ discrimination.

A) genetic information
B) race
C) color
D) national origin

Question 48

The ________ was intended to eliminate job discrimination based on race, color, national origin, sex, and religion.

A) Lilly Ledbetter Fair Pay Act
B) Fair Employment Practices Act
C) Title II of GINA
D) Title I of the ADA

Question 49

If a company does not hire certain employees because of their accents, it has carried out ________ discrimination.

A) genetic information
B) race
C) color
D) national origin

Question 50

The U.S. Supreme Court has held that sexual harassment that creates a hostile work environment violates ________.

A) Title VII of the Civil Rights Act
B) Fair Employment Practices Act
C) Title II of GINA
D) Title I of the ADA

Question 51

Which of the following best describes the scope of Title VII of the Civil Rights Act of 1964?

A) It applies to all employers irrespective of the number of employees.
B) It does not apply to labor unions.
C) It does not cover state and local governments.
D) It does not apply to Native American tribes.

Question 52

Which of the following types of employment discrimination is carried out against a person because of his or her heritage or cultural characteristics?

A) race discrimination
B) color discrimination
C) national origin discrimination
D) genetic information discrimination

Question 53

Which of the following best describes quid pro quo sex discrimination?

A) employment discrimination because of pregnancy, childbirth or related medical conditions
B) discrimination where sexual favors are requested in order to obtain a job or be promoted
C) discrimination in hiring or promotion based on the gender of the employee under consideration
D) selective or partial treatment offered to an employee or a group of employees based on their gender

Question 54

________ discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion.

A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact

Question 55

Which of the following is true of sex discrimination?

A) It is not the same as gender discrimination.
B) Prohibition against sex discrimination applies only to women, not men.
C) Employment discrimination because of pregnancy is sex discrimination.
D) Sex discrimination is covered by Title II of GINA.

Question 56

Which of the following is an instance of disparate-treatment discrimination?

A) An employer does not promote Kelly as she is about take maternity leave.
B) Ghalib, who is fluent in English, is not hired as a writer due to his Iraqi heritage.
C) An employer refuses to install a wooden ramp to accommodate Lin who is restricted to a wheelchair.
D) A factory hires 22-year old Jerry over 46-year old Barry, citing age as the reason.

Question 57

If a light-skinned member of a race refuses to hire a dark-skinned member of the same race, this will constitute as discrimination in violation of ________.

A) Title I of ADA
B) Title II of GINA
C) Title VII of the Civil Rights Act
D) Title IV of GINA

Question 58

In 1978, the ________ which prohibits employment discrimination because of pregnancy, childbirth, or related medical conditions was enacted as an amendment to Title VII of the Civil Rights Act.

A) Pregnancy Discrimination Act
B) Sex Discrimination Act
C) Gender Discrimination Act
D) Sexual Harassment Act

Question 59

________ discrimination occurs when an employer discriminates against an entire protected class.

A) Disparate-treatment
B) Disparate-impact
C) Favored-treatment
D) Unfair-impact

Question 60

Which of the following elements constitutes an affirmative defense by an employer whose employee has suffered sexual harassment at the work place?

A) The plaintiff-employee was harassed by other employees who are no longer employed by the employer.
B) The employer had no knowledge about the sexual harassment faced by the plaintiff-employee until a court notice was served on the employer.
C) The plaintiff-employee failed to take advantage of any preventive or corrective opportunities provided by the employer.
D) The plaintiff-employee misinterpreted words or actions by the employer or his employees which were not intended to cause sexual harassment.

Question 61

When is an employer required to prove a bona fide occupational qualification? Explain with an example.

Question 62

The ________ is a federal statute that prohibits age discrimination practices against employees who are 40 years and older.

A) FEPA
B) OWBPA
C) ADEA
D) EEOC

Question 63

The ________ is a federal statute that prohibits age discrimination regarding employee benefits.

A) FEPA
B) OWBPA
C) ADEA
D) EEOC

Question 64

Jason Smith is a Hispanic scriptwriter from Brazil who works for a television show on an American cable network. He was fired after the producer came to know that Smith was a scientologist by faith. The producer's official reason for this termination was that as Smith was based in Brazil, communication was a problem. This is an example of ________ discrimination that violates Title VII of the Civil Rights Act.

A) racial
B) religious
C) national origin
D) disparate-impact

Question 65

The ________ is the federal administrative agency responsible for enforcing most federal antidiscrimination laws.

Question 66

Which of the following is considered a major physiological impairment by the ADAAA?

A) undergoing mental stress
B) a history of surgery
C) nursing a temporary but contagious ailment
D) having cancer

Question 67

The ________ protects both sexes from pay discrimination based on sex.

A) Lilly Ledbetter Fair Pay Act
B) Fair Employment Practices Act
C) Title VII of Civil Rights Act
D) Equal Pay Act

Question 68

A(n)________ provides that certain job preferences will be given to members of minority racial and ethnic groups, females, and other protected-class applicants when making employment decisions.

A) retaliation
B) affirmative defense
C) affirmative action plan
D) reasonable accommodation plan

Question 69

Explain the concept of reasonable accommodation of physically challenged employees. When is an employer not obligated to provide such accommodation?

Question 70

Which of the following is true of the Equal Pay Act?

A) It protects both sexes from pay discrimination based on gender.
B) Federal workers are covered under the Equal Pay Act.
C) Employees cannot bring a private cause of action against an employer for violating the Equal Pay Act.
D) An employer who has violated the Equal Pay Act must lower the wages of employees whose wages had been increased.

Question 71

The ________ imposes obligations on employers and providers of public transportation, telecommunications, and public accommodations to accommodate physically challenged individuals.

A) ADEA
B) OWBPA
C) ADA
D) FEPA

Question 72

The ________ Act of 2009 is a federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation.

Question 73

Why is proving a bona fide occupational qualification essential?

A) for discrimination to be legal
B) to establish the employer's violation of Title VII
C) to establish the employee's claim is fraudulent
D) for an employee to claim being discriminated against by the employer

Question 74

Explain the scope and provisions of Title VII of the Civil Rights Act.

Question 75

An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel, who holds a similar position to Shelly and performs the same functions as her, and has worked with the company for only five and a half years. Which of the following is true of this case?

A) The employer has violated the Fair Employment Practices Act.
B) The employer is liable for disparaged-treatment discrimination.
C) The employer is liable for disparaged-impact discrimination.
D) The employer has not violated the Equal Pay Act.

Question 76

Distinguish between disparate-treatment and disparate-impact discrimination.

Question 77

Which of the following is true of sexual harassment?

A) Same-sex harassment is not covered under Title VII.
B) An employee being harassed at the workplace is not obligated to report it to the employer.
C) Sending offensive e-mail is considered sexual harassment.
D) Absence of a complaint policy makes an employer liable for disparate-impact discrimination.

Question 78

Which of the following is true of religious discrimination?

A) Only monotheistic religions are covered under Title VII.
B) An employer need not accommodate religious observances or practices of its employees at the workplace.
C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII.
D) Religious organizations can give preference in employment to individuals of a particular religion.

Question 79

The ________ is a federal statute that makes it illegal for an employer to discriminate against job applicants and employees based on genetic information.

A) ADA
B) GINA
C) ADAAA
D) OWBPA

Question 80

An employee feels discriminated against by his employer, based on his religion. Who must he approach before filing a lawsuit against the employer? Describe the process.