Deck 3: Overview of Employment Discrimination

Question 1

Which of the following is among the things that a plaintiff must show in order to establish a prima facie case of disparate treatment in a pretext case?

A) proof that the employer intended to discriminate
B) proof that the employer s stated motive is not credible
C) statistical evidence of discriminatory effects
D) all of the above
E) none of the above

Answer 1

E

Question 2

Of the following, the most effective way for an employer to respond to an employee s claim of retaliation would be:

A) to show that the employee is lying
B) to show that the employee was not retaliated against, but rather disciplined for poor performance or the like
C) to show that the employee should never have been hired in the first place.
D) none of these

Answer 2

B

Question 3

Of the elements necessary to prove a case of disparate treatment involving pretext, which of the following is NOT required?

A) plaintiff applied for the employment opportunity
B) plaintiff was qualified for the employment opportunity
C) plaintiff was not hired for the employment opportunity
D) plaintiff was as qualified for the employment opportunity as the person hired

Answer 3

D

Question 4

For a disparate treatment case involving pretext, which is the correct order of proof?

A) plaintiff s prima facie case, defendant s lawful motive, plaintiff s additional evidence supporting discriminatory intent
B) plaintiff s evidence supporting discriminatory intent, defendant s lawful motive, plaintiff s prima facie case
C) plaintiff s primary evidence, defendant s primary evidence, plaintiff s rebuttal showing discriminatory motive
D) none of these

Question 5

Which of the following is a neutral requirement that is likely to result in adverse impact?

A) race
B) language requirement
C) physical strength test
D) b and c
E) all of the above

Question 6

An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination?

A) No, because practice is neutral, and therefore non-discriminatory.
B) No, because she was offered alternative positions.
C) Yes, because the practice was a form of disparate impact.
D) Yes, because the firm did not create a different rule for bathroom breaks for her.

Question 7

Which of the following is a type of disparate treatment?

A) adverse impact
B) retaliation
C) both of the above
D) none of the above

Question 8

Which of the following must be shown in order to establish a prima facie case of retaliation?

A) that the employee was replaced by someone with differing protected class characteristics
B) that the employee lost an employment opportunity shortly after engaging in protected activity
C) that the employer s action was based on the employee s race, sex, or other protected class characteristic
D) that the employer s action was based on a disagreement with a superior and that the firing was unrelated to quality of the employee s job performance
E) all of the above

Question 9

In an adverse impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

A) there is an alternative practice that would have less discriminatory effects, but the employer declines to use it
B) the employer has engaged in a pattern or practice of discrimination
C) the difference in selection rates across protected class groups is statistically significant
D) the four-fifth s rule has been violated
E) there is additional evidence of a discriminatory motive

Question 10

The key element in disparate treatment is discriminatory intent. In this context, that means that:

A) the decision-maker made the decision with intent to harm
B) the decision-maker made the decision with intent to break the law
C) the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee
D) none of these

Question 11

In disparate impact cases:

A) the focus is on proving the employer s discriminatory intent
B) the focus is on showing the discriminatory effects of the employer s actions
C) the focus is on showing that unfair treatment occurred
D) the focus is on showing that the employer holds racist or sexist views
E) the focus is on showing that the employer was trying to get back at the employee for something the employee did

Question 12

In Collazo v. Bristol-Myers Squibb, , an employee was fired after he assisted another employee with her claim of sexual harassment. He sued alleging retaliation. The firm contended that no sexual harassment had occurred, so that it was not legally possible for him to sustain a claim of retaliation. On appeal, the court ruled:

A) against the employee, because no sexual harassment was proven, and so no claim for retaliation could be maintained
B) against the employee, because he could not prove retaliation
C) for the employee, because the public policy exception to employment at will applied
D) for the employee, because it was not necessary for him to prove a violation of Title VII in order to sustain a claim for retaliation

Question 13

Which of the following is a protected class characteristic?

A) religion
B) height
C) intelligence
D) management status
E) all of the above

Question 14

Which of the following is true regarding discrimination?

A) the number of discrimination claims filed has decreased over the past decade as employers have paid more attention to promoting diversity in the workplace
B) discrimination has become more subtle and difficult to eliminate in recent years
C) the main challenge in confronting discrimination is to get women and persons of color into workplaces; they can take it from there
D) discrimination occurs anytime that persons are treated unequally or unfairly in the workplace
E) none of the above

Question 15

Which of the following is true? Title VII of the Civil Rights Act:

A) protects employees against discrimination based on race, sex, national origin, and disability
B) applies to employers that have 15 or more employees
C) protects employees against discrimination based on sexual orientation
D) protects employees against discrimination based on height, weight and physical appearance
E) all of the above

Question 16

In disparate treatment cases:

A) the focus is on proving the employer s discriminatory intent
B) the focus is on showing the discriminatory effects of the employer s actions
C) the focus is on showing that unfair treatment occurred
D) the focus is on showing that the employer holds racist or sexist views
E) the focus is on showing that the employer was trying to get back at the employee for something the employee did

Question 17

Three employees working for the same company were found to have stolen company cargo. Two of the employees were white, and one was black. The two white employees were fired, but not the black employee. If the white employees sue, the court will most likely decide:

A) for the employer, because the employees were guilty of theft
B) for the employer, because the employees were employees at will
C) for the employee, because the employer treated him differently based on his race
D) for the employee, because his employer was within its discretion to fire some, but not all employees guilty of theft

Question 18

Protected activity in a retaliation claim under Title VII includes:

A) peaceful protests opposing an employer s alleged discrimination
B) testifying in court about another employee s discrimination claim
C) knowingly filing a false discrimination charge against an employer
D) all of the above
E) none of the above

Question 19

A firm had been sued and found guilty of racial discrimination against African-Americans, and managers were instructed to be very careful to avoid another similar suit. To that end, African-American employees, but not others, were given raises. Of the following, what is the most correct assessment of this policy?

A) the policy is sound, both legally and ethically
B) the policy is sound legally, but not ethically
C) the policy is neither legally nor ethically sound
D) none of these

Question 20

Regarding cases alleging disparate treatment and pretext, it is correct to say:

A) disparate treatment is unintentional or accidental
B) evidence in a pretext case can be either direct or circumstantial
C) the employer has violated Title VII if it would not have made the same decision absent the discriminatory motive
D) they are relatively rare and with current legislation are not likely to be significant in the future