Deck 33: Equal Opportunity in Employment

Question 1

The EEOC must receive a filed complaint by a private complainant and then choose whether or not to bring suit against the employer on the complainant's behalf.

Answer 1

True

Question 2

The Equal Employment Opportunity Act of 1972 was created to eliminate job discrimination based on race alone.

Answer 2

False

Question 3

Under the Civil Rights Act of 1866,there is no cap on the recovery of compensatory or punitive damages.

Answer 3

True

Question 4

A legitimate merit test is a valid defense to a Title VII discrimination claim.

Question 5

A successful plaintiff in a Title VII action may not recover attorneys' fees.

Question 6

The mere posting of a swimsuit calendar in the lunchroom of the ABC Company is not sexual harassment,as it is not specifically aimed at any one individual in the company.

Question 7

Sex discrimination as per the Title VII definition applies only to men.

Question 8

Disparate treatment discrimination refers to the discrimination against a specific individual because of his or her race,color,national origin,sex,or religion.

Question 9

Statistical imbalance between an employer's workforce and the relevant population is not enough,by itself,to prove disparate impact discrimination.

Question 10

Some policies that apply equally to members of different races can violate the Civil Rights Act of 1964 because of the overall impact on the different races.

Question 11

Title VII of the Civil Rights Act of 1964 applies to employers with five or more employees.

Question 12

The right of an employee to practice his or her religion is absolute.

Question 13

The concept of bona fide occupational qualification is broadly interpreted by the courts.

Question 14

Same-sex discrimination does not violate Title VII.

Question 15

Under the Civil Rights Act of 1866,a private plaintiff must also go through the procedural requirements of Title VII in order to bring an action.

Question 16

The Equal Employment Opportunity Commission is responsible for enforcing most federal antidiscrimination laws.

Question 17

National origin refers to the color of a person's skin.

Question 18

The Pregnancy Discrimination Act forbids employment discrimination because of pregnancy.

Question 19

Title VII expressly prohibits religious organizations to give preference in employment to individuals of a particular religion.

Question 20

Undocumented aliens may not bring actions for employment discrimination under Title VII.

Question 21

Title I of the ADA requires employers to make reasonable accommodations to individuals with disabilities.

Question 22

Which is true if someone believes that he was fired from a job because of his religion?

A) He must prove that the person who fired him is of a different religion.
B) He must first file a complaint with the Equal Employment Opportunity Commission or an equivalent state agency prior to being able to file suit in court.
C) He will not have a claim if the employer has a disproportionately high number of employees of the same religion.
D) He must prove that he is a reasonably active practitioner of his religion.

Question 23

Which is true about the two kinds of discrimination that are actionable under Title VII?

A) Disparate impact and disparate treatment are both based on how an employer treats a specific individual.
B) Disparate impact and disparate treatment are both based on how an employer treats a protected class.
C) Disparate treatment refers to individuals and disparate impact refers to protected classes.
D) Disparate impact refers to individuals and disparate treatment refers to protected classes.

Question 24

A 35-year-old employee who is fired because his employer incorrectly believes he is too old to do his job does not have a valid age discrimination claim.

Question 25

Which of the following employers have been expressly excluded from Title VII?

A) labor unions
B) state and local governments
C) most federal agencies
D) Native American Tribes
E) All of these are correct.

Question 26

The Age Discrimination in Employment Act only protects workers from age 40 to age 70.

Question 27

An employer may question a job applicant about the severity of his or her disability.

Question 28

A policy of hiring workers only age 40 and older does not violate the Age Discrimination in Employment Act.

Question 29

Affirmative action plans that have an effect on members of majority classes are actionable by the members of the majority class who are affected.

Question 30

One of the "factors other than sex" that justifies lower wages for women under the Equal Pay Act is that women are willing to work for less money than men are.

Question 31

Whether an accommodation is "reasonable" under the Americans with Disabilities Act does not depend on the employer's size or financial resources.

Question 32

The Equal Employment Opportunity Commission has the power to do the following except:

A) pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes
B) file suits to enforce antidiscrimination statutes on behalf of complainants
C) conduct investigations related to the antidiscrimination laws
D) interpret antidiscrimination statutes

Question 33

Shift wage differentials are allowed under the Equal Pay Act of 1963.

Question 34

If a violation of the Equal Pay Act is found,the employer may reduce the wages of the other workers to eliminate the unequal pay.

Question 35

The employer bears the burden of proving that there is a legal justification for paying unequal wages to male and female workers.

Question 36

Under the Civil Rights Act of 1964,an employer cannot discriminate against a member of a protected class in:

A) hiring
B) termination of employment
C) promotion
D) Conditions of Employment
E) All of these are correct.

Question 37

The ADA does not apply to mental disabilities.

Question 38

If a party has presented a complaint to the Equal Employment Opportunity Commission about alleged discrimination in violation of the Civil Rights Act of 1964,and the EEOC decides not to bring a suit on behalf of the employee,the EEOC will issue a(n):

A) order of dismissal of the complaint
B) notice of the complainant's right to appeal to the appropriate court of appeals
C) judgment in the employer's favor
D) injunction to prevent the illegal behavior in the future
E) right to sue letter

Question 39

Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?

A) race,national origin,and sex
B) race,national origin,and political affiliation
C) race,religion,and sexual orientation
D) rational origin,race,and alien status
E) religion,color,and prior welfare eligibility

Question 40

Affirmative action plans provide that certain job preferences will be given to members of classes.

Question 41

The Age Discrimination in Employment Act makes it illegal for:

A) employers to hire only employees who are age 40 and over
B) employers to have a seniority system
C) employers to know the age of job applicants before making a hiring decision
D) employers to have a mandatory retirement age for most jobs
E) employers to have a workforce comprised primarily of very young or very old workers

Question 42

Which of the following is true about sexual harassment in the workplace?

A) If a supervisor approaches someone and asks that person out for a social date,and if the supervisor acts in socially customary manner,it will not be sexual harassment.
B) The standards for a hostile work environment are extremely vague and depend on all the facts and circumstances.
C) Sexual harassment claims require that persons of both sexes be involved.
D) Sexual harassment is covered under OSHA as part of workplace safety.

Question 43

One of the requirements for a factory assembly job at Spruce Industries is that the worker be less than 6-feet tall.Aaron applies for the job,but is not hired.Which is true?

A) Spruce Industries is in violation of Title VII only if Aaron is less than 6-feet tall.
B) Spruce Industries is in violation of Title VII only if Aaron is over 6-feet tall.
C) Spruce Industries is in violation of Title VII only if Aaron can show that he is over 6-feet tall and he was not hired because he was too tall.
D) Spruce Industries is in violation of Title VII if the height requirement has the result of discriminating against men and does not relate to fitness for the particular job.

Question 44

Which of the following would be a legal defense to a charge of discrimination under Title VII?

A) discrimination based on merit
B) discrimination based on seniority
C) discrimination based on a bona fide occupational qualification
D) A,B,and C
E) B and C only

Question 45

Oriole Corporation has a large factory in Center City.Of Oriole's factory workers,80 percent are white and 20 percent are black.However,the general population of Bigtown is about 50 percent black,and has been for over 50 years.This data would indicate that Oriole's hiring practices have been:

A) legal because no specific black person has been discriminated against
B) legal because as some blacks were hired by Oriole,there can be no discrimination
C) illegal because this shows a disparate treatment discrimination
D) illegal because this shows a disparate impact discrimination

Question 46

Which of the following is true?

A) Pay differences due to seniority differences and differences in amounts earned under a commission pay plan are not acceptable if they result in different pay for male and female employees.
B) The Age Discrimination in Employment Act protects all workers against being discriminated against because they are thought to be too old.
C) Under the Americans with Disabilities Act,an employer is required to provide reasonable accommodations to enable a disabled person to perform a job.
D) Protected classes under Title VII of the Civil Rights Act of 1964 include race,national origin,and sexual preference.

Question 47

Center City adopted a rule that all employees of Center City had to live within the city limits.Center City is right next to Elmville.Center City has no African Americans,but one-third of the residents of Elmville are African American.Due to the rule,no employee of Center City is African American.The rule is most likely:

A) disparate treatment discrimination
B) pattern of practice of discrimination
C) disparate impact discrimination from a facially neutral rule
D) national origin discrimination
E) not illegal discrimination

Question 48

Spruce Industries is a manufacturing factory located in El Rosa.El Rosa is 25 percent Hispanic,but Spruce has only 2 percent Hispanic employees.This data supports the charge that Spruce has engaged in:

A) disparate treatment discrimination
B) disparate impact discrimination from a facially neutral rule
C) sex discrimination
D) behavior that is not illegal discrimination

Question 49

In a hostile work environment sexual harassment claim,the employer will have a successful defense if the employer can show which of the following?

A) The employer took reasonable care to prevent or correct the conduct and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation.
B) The employee was offended by conduct that the employer in good faith did not consider to be offensive.
C) There were no adverse consequences to the employee's work status,such as a demotion or denied promotion.
D) The employee stands to personally gain if the persons engaging in the sexual harassment are reprimanded.

Question 50

The Civil Rights Act of 1964 protects against discrimination based on:

A) sex
B) sexual preference
C) both sex and sexual preference
D) neither sex nor sexual preference

Question 51

Which of the following is true about the Americans with Disabilities Act?

A) It affects only the employment of persons with disabilities.
B) It clearly sets limits and requirements relevant to employers.
C) It not only prevents discrimination based on disabilities,but employers can be required to incur costs in order to accommodate disabled individuals in their jobs.
D) It requires employers to ask about an applicant's disabilities so that the employer knows if the applicant is covered.

Question 52

Which of the following items is a legal justification for paying unequal wages based on gender?

A) seniority only
B) merit only
C) quantity or quality of work only
D) seniority,merit,and quantity or quality of work
E) There are no legal justifications for paying unequal wages.

Question 53

One major reason for suing under Section 1981 of the Civil Rights Act of 1866 rather than the Civil Rights Act of 1964,is that the Civil Rights Act of 1866:

A) has broader coverage
B) allows for a private action to be instituted without going to the EEOC
C) allows for the recovery of greater damages
D) A,B,and C
E) B and C only

Question 54

If a qualified black person applied for a particular job and was rejected for that job just because he was black,and the employer kept the position open and hired an equally qualified white person,it would be a case of which of the following types of discrimination?

A) disparate treatment discrimination
B) pattern of practice of discrimination
C) disparate impact discrimination from a facially neutral rule
D) sex discrimination
E) It would not be illegal discrimination.

Question 55

Which of the following factors can never be used as a legal bona fide occupational qualification?

A) sex
B) religion
C) race
D) B and C
E) A and C

Question 56

Which of the following would not qualify as a disability under the Americans with Disabilities Act?

A) Aaron's past addiction to cocaine
B) Mike's inability to use his arms
C) Pat's inability to make it through the day without several drinks of alcohol
D) the impression among many people that Sandy is disabled due to a leg injury when,in fact,her leg functions normally

Question 57

A bona fide occupational qualification is required to be:

A) job related and cost effective
B) job related and nondiscriminatory
C) job related and a business necessity
D) rationally based and evenly applied
E) long-term and permanently applied

Question 58

Diana is up for promotion to Sales Manager at West Coast Products.The company presently has 12 female sales managers and ten male sales managers.Diana is turned down for the promotion and,in explaining this,the company president tells her that although she is generally well qualified,she is too aggressive and acts too much like a man.The president also says to Diana,"It's not because you are a woman.Obviously this company has nothing against women given that we have 12 women sales managers and that I,as company president,am a woman." When Diana sues West Coast Products under section VII of the Civil Rights Act of 1964,the court will:

A) deny recovery to Diana because she is not a member of a protected class
B) deny recovery because the company does not generally discriminate against women
C) allow recovery because Diana was turned down in part because she is a woman
D) allow recovery if Diana can prove that at least one male with her qualifications was promoted in the past
E) allow recovery only if Diana cannot obtain similar employment elsewhere

Question 59

The Americans with Disabilities Act requires that:

A) persons with qualifying disabilities receive preference in hiring whenever possible
B) applicants for jobs are asked about their disabilities in order to identify them
C) employers make reasonable accommodations to accommodate employees' disabilities
D) newly hired employees have physical examinations to identify disabilities
E) persons with disabilities notify a potential employer of disabilities prior to being hired

Question 60

Who is protected under the Age Discrimination in Employment Act?

A) all workers who are age 40 or over
B) all workers of any age who are discriminated against for being too old
C) all workers who are in a job in which they were 40 years of age or over when hired
D) any worker who is replaced with a younger worker

Question 61

The Americans with Disabilities Act has resulted in a large number of claims filed by persons claiming to be covered under the act for conditions such as a weak back.Who was intended to be protected by the Act? Is the Act being abused? If so,how can this abuse be reduced?

Question 62

Three persons have been turned down for jobs because of their age.Alice,age 72,was turned down because she was too old.Betty,age 45,had applied for a job where most of her customers would be senior citizens and was turned down because she was too young.Cathy,age 35,was turned down for a teaching job because the school wanted very young teachers and thought she was too old.Assuming each was otherwise qualified for the job sought,who has a valid claim for illegal age discrimination?

A) Alice only
B) Alice and Cathy
C) Alice and Betty
D) Betty only
E) Alice,Betty,and Cathy

Question 63

Should the overseas operations of United States corporations be subject to the United States laws prohibiting discrimination in employment? If so,to what extent? What practical difficulties are there to applying the laws to overseas operations?

Question 64

The local police department gives a detective's test.Everyone who takes the test must have been a police officer for at least 5 years.The people taking the exam are rated from top to bottom based on their scores on that test.Then,if any detective openings are available,they are filled on the basis of whoever has the highest score.Which of the following statements best describes this practice?

A) Tests like this are never legal in promotion decisions.
B) Tests like this are always legal in promotion decisions.
C) Tests like this are legal as long as the subject matter tested has some relationship to the job being applied for.
D) Tests like this are legal as long as they are not the sole factor used in determining promotion.
E) Tests like this are legal as long as they are the sole factor used in determining promotion.

Question 65

Sarah's religion requires her to cover her hair and face in public.When she applies for a job as a teller at First Bank,she is told that she will be required to wear the company uniform and cannot cover her hair and face.Which of the following is correct?

A) If First Bank hires Sarah,she must wear the same uniform as everyone else.
B) First Bank can refuse to hire Sarah because of her religion.
C) If First Bank hires Sarah,it must make a reasonable accommodation for her religious beliefs.
D) The law does not cover this situation.

Question 66

Jane is a manager of a bank.She has all of the qualifications to be promoted to bank manager.In fact,she is better qualified than any of the males being considered for that position.However,the owner of the bank believes that the bank customers will not accept a woman as bank manager,so the owner promotes one of the males.The owner's actions would best be described by:

A) quid pro quo sex discrimination
B) hostile working environment sex discrimination
C) sex discrimination
D) pregnancy discrimination
E) sexual harassment

Question 67

On July 1,2007 Maria applied for a job with a large organization.She is clearly qualified for the position,so she was surprised to learn that the position was filled by a white male with inferior qualifications.After thinking about it for awhile,she is convinced that she did not receive the position because she was discriminated against for being a Hispanic female.On June 1,2008 she files a complaint with the EEOC.What will probably be the result of her claim?

A) She will be successful in proving a prima facie case of discrimination,and she has filed her claim within the requisite time for an EEOC filing.
B) She will be successful proving a prima facie case of discrimination,but she has not filed her claim within the requisite time for an EEOC filing.
C) She will not be able to prove a prima facie claim of discrimination,although she has filed her claim in a timely manner with the EEOC.
D) She will not be able to prove a prima facie claim of discrimination,nor has she filed her claim in a timely manner with the EEOC.

Question 68

William was a factory worker at the Spruce Industries plant.When it was learned that he was a homosexual,he was fired.This action is:

A) not prohibited by federal law
B) a violation of Title VII
C) illegal sex discrimination
D) a violation of the Equal Pay Act
E) a violation of the Civil Rights Act of 1964

Question 69

Aaron,after a long and distinguished career at a nuclear weapons plant in the plutonium storage department,is hired by a local company to work in its warehouse.Aaron's skin has turned bright green from his years around the plutonium,but he is otherwise healthy and is not,himself,radioactive in any way.All scientific and health experts have determined that this condition is permanent,but harmless.After working in the warehouse,Aaron is not promoted,and Aaron believes it is because of his green skin.Which of the following,if it is true and is the reason that Aaron was not promoted,would give Aaron the best chance of prevailing if Aaron sues his employer because he was not promoted?

A) A white worker was promoted because the white worker was simply a better warehouseman.
B) A black worker was promoted because the black worker has worked longer for the employer,and promotions were made on the basis of seniority.
C) Supervisors need to understand the computerized inventory system and Aaron did not,despite his attempts to understand it.
D) Despite the opinion of experts,some of the people Aaron would be supervising thought he had some kind of disability and therefore did not want to work for him.

Question 70

A job applicant in the city of Portland is not hired by a corporation because he is gay and because he is from California.He could:

A) recover under Title VII of the Civil Rights Act
B) recover under the Fair Labor Standards Act
C) recover because this is an improper burden on interstate commerce
D) keep looking for a job because he has no remedy under federal statutes

Question 71

Which of the following is least likely to succeed on a claim under the Americans with Disabilities Act?

A) someone who is unable to walk,but can do all the requirements of a job,although in some cases it might take him a little longer than if he could walk
B) someone who is not hired because of a past drug habit,which he has stayed away from for a couple of years
C) someone who has a documented history of severe asthma,although he or she has not had any problems since moving from New Orleans to Denver
D) someone who has a bad back that prevents him from being able to work at the minimum required speed on an assembly line
E) someone who wears unusual looking thick glasses to correct a rare vision problem; this person has normal vision with the glasses,but most people falsely assume that she cannot see normally,even with the glasses

Question 72

In a hospital,nurses are paid less then janitors.The nurses need more education to become nurses than the janitors need to become janitors.The janitors must lift heavier objects than the nurses,but the nurses have more responsibility than the janitors.This discrimination in the amount paid to nurses and janitors is:

A) legal,because the jobs are not similar
B) illegal,because the nurses need more education
C) illegal,because the nurses have more responsibility
D) legal,because the janitors need to lift heavier items
E) legal,because the nurses have better working conditions

Question 73

Which of the following situations would be a bona fide occupational qualification?

A) hiring only Hispanic waiters at a restaurant that markets to a Hispanic clientele
B) hiring only men to be attendants in the locker room of a men's health club
C) hiring only Catholics to be waitresses in a restaurant that caters to a largely Catholic population
D) both A and B
E) both B and C

Question 74

Which of the following individuals does not have a claim under the Americans with Disabilities Act?

A) John,who is unable to walk and must use a wheelchair
B) Bill,who has a record of severe asthma (which requires him to limit almost all physical activity),but who has not had an attack for several months
C) Sandy,who is addicted to alcohol and has tried all currently accepted techniques but simply cannot stop drinking
D) Alice,who has one arm five inches shorter than the other arm. Alice can do anything that persons with arms of equal length can,but most people incorrectly assume that she is limited in her physical abilities
E) Aaron,a former cocaine addict who has used no drugs or alcohol for 5 years and appears to have overcome his addiction

Question 75

Under what circumstances,if any,do you believe affirmative action is appropriate? Was affirmative action appropriate when such programs were first used? If there has been a change in the appropriateness of affirmative action,why has there been a change? Does it make a difference if the program is administered by the government or is voluntarily implemented by a private employer?

Question 76

Aaron has started his own business that has grown rapidly to the point that he now has 11 employees.Which of the following is not true?

A) Title I of the Americans with Disabilities Act is administered by the Equal Employment Opportunity Commission.
B) The Americans with Disabilities Act covers providers of public accommodations as well as employers.
C) Aaron is not subject to the requirement to provide reasonable accommodations to his employees.
D) The difficulty of providing accommodation to an employee is not considered in deciding whether or not the accommodation must be provided.

Question 77

Bart is the manager of Great Enterprises.A handicapped individual has applied for a job at Great Enterprises.Bart wants to know his responsibilities under the Americans with Disabilities Act.Which of the following statements is true about those responsibilities?

A) A user of illegal drugs is covered under the Act.
B) Bart can require a medical examination before offering employment to this person.
C) If a deaf applicant can perform the job functions only if she is provided with a sign language interpreter,she is protected under the Act.
D) Under the Act,undue burden is defined without considering cost.

Question 78

A male driver for a company is paid $1 per hour less than a female driver.Which of the following is least likely to be a valid reason under the Equal Pay Act?

A) The female driver has worked longer for the company.
B) The female driver has a better safety record than the male driver does.
C) The female driver drives a larger truck that is harder to drive.
D) Females are thought by the owner to be safer drivers on average.

Question 79

ORIOLE Corp.has a large manufacturing facility in Springfield.ORIOLE hires both male and female employees.However,there are four times as many adult women in Springfield as adult men looking for work.Therefore,ORIOLE must pay men more than women to get them to work for ORIOLE.The practice of paying men more than women is:

A) illegal,because of pay discrimination
B) legal,because of a seniority system
C) legal,because of the different prevailing market wages for men and women
D) legal,because the pay is based on a difference in quantity or quality of work
E) legal,because the pay is based on "some other factor than sex"

Question 80

Martha and John work in a factory.The factory pays each worker $5 per hour plus $.25 per piece of work completed.John is always paid more money than Martha,because John can work faster than Martha can.This situation is:

A) illegal,because of pay discrimination
B) legal,because of a seniority system
C) legal,because of a defined merit system
D) legal,because the pay is based on a difference in quantity or quality of work
E) legal,because the pay is based on "some other factor than sex"