Deck 36: Equal Opportunity in Employment

Question 1

________ 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

Answer 1

A

Question 2

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

A) Equal Employment Opportunity Commission
B) Fair Employment Practices Agency
C) Civil Service Commission
D) Merit Systems Protection Board

Answer 2

A

Question 3

Title VII of the Civil Rights Act of 1964 applies to ________.

A) employers with 15 or more employees
B) tax-exempt private clubs
C) Native American tribes
D) labor unions with less than five members

Answer 3

A

Question 4

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

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

Question 5

A member of a minority race applies for a position for which he is well-qualified.However,the company rejects him and 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) the Lilly Ledbetter Fair Pay Act

Question 6

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

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

Question 7

Which of the following is true of the EEOC?

A) It can 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 8

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 9

Which of the following is true of religious discrimination under Title VII?

A) Only monotheistic religions are covered under Title VII.
B) An employer should reasonably 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 cannot give preference in employment to individuals of a particular religion.

Question 10

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

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

Question 11

Which of the following statements is true of disparate-treatment discrimination?

A) The complainant must prove that he or she is a member of a Title VII protected class.
B) It can occur 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) The plaintiff must demonstrate a causal link between the challenged practice and the statistical imbalance.
D) It occurs when an employer discriminates against an entire protected class.

Question 12

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

A) Civil Service Commission
B) Merit Systems Protection Board
C) Fair Employment Practices Agency
D) Office of Personnel Management

Question 13

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 14

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 15

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,by when should Gloria file an employment discrimination claim?

A) within the month of July the same year
B) within the end of December the same year
C) within the month of June the same year
D) within the month of January the next year

Question 16

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 17

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 18

Which of the following statements is true of the Lilly Ledbetter Fair Pay Act of 2009?

A) It provides that each discriminatory pay decision restarts the statutory 180-day clock.
B) It provides that a court can award back pay for up to five years preceding the filing of the claim.
C) It directs the court to issue a right to sue letter if the EEOC chooses not to bring an action against an employer.
D) It forbids employment discrimination because of pregnancy, childbirth, or related medical conditions.

Question 19

Which of the following statements is true 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 20

Which of the following is a remedy for the violations of Title VII?

A) Successful plaintiffs can recover back pay and reasonable attorneys' fees.
B) Courts can revoke the fictional seniority provided to a plaintiff.
C) Employers can lower the wages of other employees.
D) Punitive damages are awarded against employees.

Question 21

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

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 22

Jason 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 of a certain 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 23

Title VII of the Civil Rights Act ________.

A) forbids religious organizations to give preference in employment to individuals of a particular religion
B) allows assigning an employee to a noncontact position because of actual or feared customer preference
C) permits an employer to discriminate on the basis of religion if the requested accommodation would be costly
D) gives employees the absolute right to practice their religion at the workplace

Question 24

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 25

According to the EEOC,English-only rules adopted by employers are lawful if ________.

A) it is a business necessity
B) it is not limited to the work area
C) it does not allow the use of non-English language at all times
D) it is a cause for workplace hostility

Question 26

________ occurs when an employer does not discriminate against a class as a whole but treats a subset of the class differently.

A) Quid pro quo sex discrimination
B) Gender identity discrimination
C) Disparate-impact discrimination
D) Sex-plus discrimination

Question 27

Which of the following terms best describes discrimination against an individual because of the person's nonconformance with sex stereotypes?

A) sex-plus discrimination
B) gender identity discrimination
C) quid pro quo sec discrimination
D) pregnancy discrimination

Question 28

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

A) age
B) race
C) color
D) gender

Question 29

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 30

Which of the following statements is true of national origin discrimination?

A) It forbids discrimination against persons because of their accents.
B) It does not occur if an employer treats persons unfavorably because they are married to a person of a certain national origin.
C) It does not include discrimination against persons of a certain culture.
D) It forbids an English-only rule that is limited to the work area.

Question 31

Which of the following is a defense to a charge of discrimination under Title VII?

A) lowering wages of other employees
B) selecting and promoting employees based on merit
C) employing younger applicants irrespective of the nature of the job
D) eliminating seniority systems within organizations

Question 32

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) the Fair Employment Practices Act
C) Title II of GINA
D) Title I of the ADA

Question 33

Which of the following is true of sex discrimination?

A) It is not the same as gender discrimination.
B) 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 34

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) age discrimination
C) national origin discrimination
D) genetic information discrimination

Question 35

If a light-skinned member of a certain 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 36

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 37

Lila,who works for a large software firm,is four-months pregnant and is also due for a promotion.However,her employer offers the promotion to Harry,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 38

Which of the following statements is true of harassment?

A) The plaintiff-employee has the burden of proving the affirmative defense.
B) There are similar liability rules regardless of whether the harassing employee is a coworker or supervisor.
C) If the employer is strictly liable for the harassing supervisor's conduct, the employer cannot raise a defense to avoid liability.
D) If the employer was negligent in controlling the working situation, the employer may invoke an affirmative defense.

Question 39

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 40

Why is proving a bona fide occupational qualification essential?

A) for certain 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 41

________ protects both sexes from pay discrimination based on sex.

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

Question 42

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

Question 43

The Age Discrimination in Employment Act (ADEA)permits age discrimination when ________.

A) it does not require a bona fide occupational qualification (BFOQ)
B) it is a necessary qualification for a job
C) it is a traditional practice within an organization
D) it creates a hostile work environment

Question 44

Which of the following is true of impairments under the Americans with Disabilities Act (ADA)?

A) It permits employers to ask job applicants about the existence, nature, or severity of a disability.
B) It allows for preemployment medical examinations before a job offer.
C) The employer must not accommodate an individual's disability.
D) Injuries resulting from pregnancy are considered as disabilities under the ADA.

Question 45

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 46

Which of the following is considered a major physiological impairment by the Americans with Disabilities Act Amendments Act (ADAAA)?

A) the death of a loved one
B) a history of surgery
C) a temporary but contagious disease
D) cancer

Question 47

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 48

Which of the following is true of the Age Discrimination in Employment Act (ADEA)?

A) Private plaintiffs cannot sue under the ADEA.
B) Persons under 40 are not protected by the ADEA.
C) Employees need to be a minimum of 55 years of age to be protected by the ADEA.
D) Discrimination in certain employment decisions, like hiring, is permitted under the ADEA.

Question 49

Which of the following is a limitation to employers' ability to inquire into an applicant's disability?

A) Employers cannot ask about the severity of a disability.
B) The information obtained by employers should not be kept confidential.
C) The job-related performance of an applicant should not be inquired about by employers.
D) Postemployment medical examinations should not be conducted on applicants.

Question 50

Which of the following is true about email harassment?

A) It is a subtle and insidious form of harassment.
B) It can consist of isolated incidents.
C) It cannot lead to a hostile work environment.
D) It must be blunt to be considered offensive.

Question 51

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

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

Question 52

The Americans with Disabilities Act does not consider ________ as a disability to be considered for employment qualification.

A) common influenza
B) blindness
C) muscular dystrophy
D) autism

Question 53

Under Title I of the ADA,________.

A) employers are not obligated to provide accommodations that would impose an undue hardship
B) pregnancy is considered a disability
C) current users of illegal drugs are covered
D) preemployment medical examinations before a job offer are permissible

Question 54

Which of the following is true of sexual harassment?

A) Same-sex harassment is not covered under Title VII.
B) The plaintiff-employee is not obligated to take advantage of any preventive opportunities provided by the employer.
C) Sending offensive emails is considered sexual harassment.
D) Absence of a complaint mechanism makes an employer liable for disparate-impact discrimination.

Question 55

Which of the following statements is true of the Genetic Information Nondiscrimination Act (GINA)?

A) Inadvertent discovery of genetic information violates the act.
B) An employer may use genetic information when providing benefits.
C) Voluntary submission of genetic information to an employer violates the act.
D) Individuals have a right to pursue private lawsuits to seek hiring and reinstatement damages.

Question 56

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 57

Which of the following terms best defines discrimination based on information from which it is possible to determine a person's propensity to be stricken by diseases?

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

Question 58

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 59

Under Title VII of the Civil Rights Act,if a supervisor harasses an employee but no tangible employment action is taken,then ________.

A) the employer is strictly liable for the harassing supervisor's conduct
B) the employer cannot raise a defense to avoid liability
C) the employer is vicariously liable unless it can prove affirmative defense
D) the rules of employer liability are the same as they would be if the harassing employee was a coworker

Question 60

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 61

Showing a statistical disparity between the percentages of protected class employees and the percentage of the population that the protected class makes within the surrounding community is enough to prove disparate-impact discrimination.

Question 62

The prohibition against sex discrimination under Title VII applies equally to men and women.

Question 63

When a supervisor harasses an employee by causing a tangible employment action,the employer can raise a defense to avoid liability.

Question 64

The right of an employee to practice his or her religion is not absolute under Title VII.

Question 65

Color discrimination cases are brought more frequently than other types of discrimination.

Question 66

Foreign nationals employed in foreign countries by U.S.-controlled companies are covered by Title VII.

Question 67

Under Title VII,an employer is under a duty to reasonably accommodate the religious beliefs of its employees if doing so does not cause an undue hardship on the employer.

Question 68

A successful plaintiff in a Title VII action can recover back pay and reasonable attorneys' fees.

Question 69

An employer must not base an employment decision on an employee's foreign accent in spite of it being a hindrance to the employee's job performance.

Question 70

Courts have held that sex-plus discrimination violates Title VII of the Civil Rights Act of 1964.

Question 71

Employers are not liable to pay punitive damages under Title VII of the Civil Rights Act.

Question 72

U.S.citizens employed by U.S.-controlled companies in foreign countries are covered by Title VII.

Question 73

The Equal Employment Opportunity Commission does not justify the usage of the English-only rule under any circumstances.

Question 74

Employers' unfavorable treatment toward people associated with a person of certain color is not a violation of Title VII.

Question 75

Common law provided opportunities that inadequately created employment barriers to certain minority classes.

Question 76

Title VII of the Civil Rights Act of 1964 provides that employers may differentiate regarding the payment of compensation provided to employees on the basis of an employee's national origin.

Question 77

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

Question 78

Title VII provides equal opportunity in employment for minority job applicants and minority employees seeking promotion.

Question 79

Employees working for an employer covered under Title VII can bring actions for employment discrimination.

Question 80

If an employer refuses to hire or promote all persons of a racial class,then the company has engaged in employment discrimination in violation of Title VII.